12-17-2024 Business Meeting Agenda Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, December 17, 2024 - 7:00 PM
Board Meeting Room
39 Bank Street, SE,
Chatham,Virginia 24531
AGENDA
1. CALL TO ORDER (7:00 PM)
2. ROLL CALL
3. MOMENT OF SILENCE
4. PLEDGE OF ALLEGIANCE
5. AGENDA ITEMS TO BE ADDED
6. APPROVAL OF AGENDA
7. CONSENT AGENDA
a. Board Meeting Minutes Approval (Staff Contact: Kaylyn McCluster)
b. County's November 2024 Bill List Approval (Staff Contact: Kim
VanDerHyde)
c. Resolution # 2024-12-01 Adoption (Honoring Pastor Roger Ewing's
Retirement) (Staff Contact: Kenneth Bowman)
d. Resolution # 2024-12-02 Approval (Moral Obligation Supporting
GPIN # 1366-12-5834) (Staff Contact: Matthew Rowe)
e. Jasper Wood Road Intent to Abandon Road Notice Approval
(Popek) (Staff Contact: Matthew Evans)
f. RiverStreet Wireless of Virginia, Inc. Lease Amendment Approval
(Staff Contact: Dave Arnold)
g. BZA Appointment Recommendations (Yeaman and Warren) (Staff
Contact: Kaylyn McCluster)
h. Jail Food and Food Supplies Contract Award Approval (Staff
Contact: Connie Gibson)
i. Christmas Day and New Year's Day 2024 Solid Waste Plan (Staff
Contact: Chris Adcock)
j. Certificate of Recognition (101st Birthday; Patsy C. Carter) (Staff
Contact: William Ingram)
k. Certificate of Excellence Approval (Tunstall Volleyball) (Staff
Contact: William Ingram)
8. PRESENTATIONS
a. 2024 VACo Achievement Award Presentation (Pittsylvania County
Event Planning Committee; Downtown Chow-Down) (Staff
Contact: Kaylyn McCluster)
b. General Presentations (Board of Supervisors) (Staff Contact: Kaylyn
McCluster)
9. HEARING OF THE CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be
a resident or land owner of the County, or the registered agent of such
resident or land owner. Each person shall step up, give his/her name and
district in an audible tone of voice for the record, and unless further time
is granted by the Chairman, shall limit his/her address to three (3) minutes.
No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board
as a body and not to any individual member thereof. Hearing of the
Citizens shall last for a maximum of forty-five (45) minutes. Any individual
that is signed up to speak during said section who does not get the
opportunity to do so because of the aforementioned time limit, shall be
given speaking priority at the next Board meeting. Absent Chairman’s
approval, no person shall be able to speak who has not signed up.
10. PUBLIC HEARINGS
a. Rezoning Public Hearings
Pursuant to Article V, Division 6, of the Pittsylvania County Zoning
Ordinance, the Board of Supervisors have been empowered to
hear and decide specific zoning issues and zoning map changes in
support of said Ordinance. In accomplishing this important task, the
Board is responsible for promoting the health, safety, and general
public welfare of the citizens of Pittsylvania County. The Board must
ensure that all of its decisions and regulations be directed to these
goals and that each be consistent with the environment, the
comprehensive plan, and in the best interest of Pittsylvania County,
its citizens, and its posterity.
1. Case R-24-024 Danny Doss; Rezoning from M-1, Industrial District,
Light Industry, to A-1, Agricultural District. On November 7, 2024, the
Planning Commission recommended by a 7-0 vote, with no
opposition, that the petitioner's request be granted. (Chairman
Dalton) (Staff Contact: Emily Ragsdale)
2. Case R-24-025 The Washington County MD and the Franklin County
Penna. Home Mission Board, Inc.; Rezoning from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District. On
November 7, 2024, the Planning Commission recommended by a 7-
0 vote, with no opposition, that the petitioner's request be granted.
(Chairman Dalton) (Staff Contact: Emily Ragsdale)
3. Case R-24-026 Russell Wells; Rezoning from A-1, Agricultural District,
to R-1, Residential Suburban Subdivision District. On November 7,
2024, the Planning Commission recommended by a 7-0 vote, with
no opposition, that the petitioner's request be granted. (Chairman
Dalton) (Staff Contact: Emily Ragsdale)
4. Case R-24-027 Ricky and Ellen Childress; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District.
On November 7, 2024, the Planning Commission recommended by
a 7-0 vote, with no opposition, that the petitioners' request be
granted. (Supervisor Dudley) (Staff Contact: Emily Ragsdale)
5. Case R-24-028 Herman Cook, Jr.; Rezoning from A-1, Agricultural
District, to R-1, Residential Suburban Subdivision District. On
November 7, 2024, the Planning Commission recommended by a 7-
0 vote, with no opposition, that the petitioner's request be granted.
(Supervisor Whittle) (Staff Contact: Emily Ragsdale)
6. Case R-24-029 Angela and Larry Benton; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District.
On November 7, 2024, the Planning Commission recommended by
a 7-0 vote, with no opposition, that the petitioners' request be
granted. (Chairman Dalton) (Staff Contact: Emily Ragsdale)
7. Case R-24-030 Noah and Lori Hostetler; Rezoning from M-1, Industrial
District, Light Industry, to A-1, Agricultural District. On November 7,
2024, the Planning Commission recommended by a 7-0 vote, with
no opposition, that the petitioners' request be granted. (Chairman
Dalton) (Staff Contact: Emily Ragsdale)
b. Other Public Hearings
Each person addressing the Board under a Public Hearing shall step
up, give his/her name and district, and/or his/her place of
residency for non-County citizens, in an audible tone of voice for
the record, and unless further time is granted by the Chairman, shall
limit his/her address to three (3) minutes; speakers for a group shall
be limited to ten (10) minutes. Speakers shall conclude their remarks
at that time, unless the consent of the Board is affirmatively given to
extend the speakers allotted time. Absent Chairman’s approval, no
person shall be able to speak who has not signed up.
1. Public Hearing: Pittsylvania County Code Amendments; (PCC
§§ 9-110; 12-21; 17.6 (Motor Vehicles and Traffic; Offenses;
Solid Waste) (Staff Contact: Emily Ragsdale)
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. MATTERS FROM WORK SESSION (IF ANY)
14. BOARD MEMBER REPORTS
15. COUNTY ADMINISTRATOR REPORTS
16. ADJOURNMENT
7.a.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Board Meeting Minutes Approval
Staff Contact(s): Kaylyn McCluster
Agenda Date: December 17, 2024 Item Number: 7.a.
Attachment(s): 1. 11-19-2024 Joint Meeting with IDA - DRAFT
2. 11-19-2024 Work Session - DRAFT
3. 11-19-2024 Business Meeting - DRAFT
4. 12-06-2024 Called Meeting - DRAFT
Reviewed By:
SUMMARY:
For the Board's review and consideration, attached are the following Board
Meeting Minutes:
(1) 11/19/24 (Joint Meeting with IDA); and
(2) 11/19/24 (Work Session); and
(3) 11/19/24 (Business Meeting); and
(4) 12/06/24 (Called Meeting).
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the attached Board Meeting
Minutes.
MOTION:
"I make a Motion approving the attached Board Meeting Minutes."
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
JOINT MEETING WITH INDUSTRIAL DEVELOPMENT AUTHORITY
November 19, 2024
VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Joint Meeting with
the Industrial Development Authority was held on November 19, 2024, in the Board Meeting
Room, 39 Bank Street, SE, Chatham, Virginia 24531.
CALL TO ORDER (2:00 PM)
Dalton called the Meeting to Order at 2:00 PM.
ROLL CALL
The following Board Members were present:
Darrell W. Dalton - Callands-Gretna District
Robert M. Tucker, Jr. - Banister District
Kenneth L. Bowman - Chatham-Blairs District
Timothy W. Dudley – Staunton River District
Eddie L. Hite, Jr. - Dan River District
William V. (“Vic”) Ingram - Tunstall District
Murray W. Whittle - Westover District
The following School Board Members were present:
Joey Faucette – Chairman, Chatham-Blairs District
John Daniel – Vice-Chair, Tunstall District
Timothy Reynolds – Staunton River District
Bill Nuckols – Callands-Gretna District
AGENDA ITEMS TO BE ADDED
None.
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: 7-0 (Approved)
MOVER: Tucker
SECONDER: Dudley
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
NEW BUSINESS
a. Overview and Status of Identified Industrial Parks
Matt Rowe provided a detailed overview of economic development initiatives, challenges, and
opportunities within the County. Economic development is described as focusing on business
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retention, expansion, and attraction, with an emphasis on solving business problems, whether they
involve scaling up for increased demand or addressing downsizing challenges. Several target
sectors have been identified, including advanced materials, automotive and EV batteries, electronics
and semiconductors, food and beverage, life sciences, and small business entrepreneurship. These
sectors align with the County's strengths and opportunities for growth.
Most industrial parks in the County, such as Brosville and Ringgold, are fully developed, leaving
little to no available land. Others, like Gretna and Hurt, have land but lack critical infrastructure
such as water, sewer, or natural gas. Cane Creek and the Southern Virginia Mega Site, on the other
hand, show significant promise for large-scale projects, although they require further investment in
infrastructure and site preparation. Since 2016, the County has announced over $2.5 billion in
capital investments and 7,000 jobs, with recent projects focusing on EV-related manufacturing,
advanced materials, and food processing.
Despite these achievements, the County faces challenges, particularly in northern areas with limited
infrastructure. There is also a need to balance growth with maintaining the community’s quality of
life. Data centers are identified as a growing opportunity due to the region’s favorable power supply
and geography. While they generate significant revenue and require minimal services, they offer
limited job creation, create noise, and have intensive construction periods. Strategic placement of
data centers, away from premium manufacturing sites like the Mega Site, is essential to maximize
their benefits while minimizing their drawbacks.
Looking ahead, the County faces critical decisions about its growth strategy. It can stop growth and
focus solely on revenue generation, allow unplanned growth that may strain infrastructure and
services, or pursue controlled, targeted growth to balance revenue, job creation, and quality of life.
Recommendations include focusing development south of White Oak Mountain to leverage existing
infrastructure, investing in grading new pads and improving infrastructure, and exploring strategic
rezoning and land acquisition near existing industrial parks.
b. Local and Regional Economic Development Plans
Significant planning and collaboration efforts that have gone into shaping the County's economic
and comprehensive plans. Rowe highlighted the County's participation in a regional economic
development strategic plan, supported by RIFA and the Danville Regional Foundation, to create a
unified vision for growth. This regional plan serves as an umbrella, with customized strategies for
the City of Danville and Pittsylvania County, focusing on unique priorities such as targeted housing
and economic development projects.
c. Update of County Comprehensive Plan and Future Land Use Map
Rowe shared that the County should take a proactive approach to addressing housing needs,
acknowledging that while demand for residential construction is high, thoughtful planning is
necessary to balance economic benefits with infrastructure and school system requirements. Rowe
and other key players will leverage insights from expert consultants to identify optimal areas for
housing and growth while avoiding reactive responses to development proposals. Similarly, the
County is prioritizing talent attraction and retention, aiming to draw skilled workers by enhancing
quality-of-life amenities like outdoor recreation.
The comprehensive plan was positioned as a critical tool to guide the County's development over
the next 20-30 years. It will integrate data from economic development studies and other strategic
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analysis, focusing on preserving agricultural heritage while fostering industrial and commercial
growth. Addressing current bottlenecks, such as stormwater permitting delays and limited staffing
in community development, is crucial to keeping pace with incoming projects like the recent
Microporous announcement.
d. Virginia Stormwater Management Program Status
Stormwater permitting is currently a significant challenge in the County, as it is managed externally
through the DEQ, leading to delays that hinder economic development. Projects requiring permits
often face processing times of six (6) to nine (9) months, compared to six (6) weeks in municipalities
with in-house or third-party permit management. This inefficiency could discourage developers and
corporations from investing in the area, as prolonged delays impact project timelines and
enthusiasm. The County's Erosion and Sediment Control Program is similarly strained, with one
(1) staff member managing increasing workloads, including bi-weekly inspections and reviews for
both residential and commercial projects.
To address these challenges, the County is benchmarking with other localities to evaluate staffing
needs, costs, and potential solutions, including hiring additional personnel or contracting with third
parties. These measures aim to expedite permitting processes and improve efficiency. However,
physical space limitations within the current department also pose an obstacle to expanding staff,
necessitating creative solutions, such as mobile offices for field inspectors.
A strategic partnership between the IDA, BOS, and Community Development is proposed to
streamline processes, enhance capacity, and align with broader goals like the comprehensive plan
and economic development initiatives. This proactive approach aims to ensure the County remains
competitive and ready for future growth while maintaining high service standards for citizens and
developers alike.
ADJOURNMENT
Dalton adjourned the Meeting at 3:46 PM.
8
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
WORK SESSION
November 19, 2024
VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Work Session was
held on November 19, 2024, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia
24531.
CALL TO ORDER (3:00 PM)
Dalton called the Meeting to Order at 3:53 PM.
ROLL CALL
The following Board Members were present:
Darrell W. Dalton - Callands-Gretna District
Robert M. Tucker, Jr. - Banister District
Kenneth L. Bowman - Chatham-Blairs District
Timothy W. Dudley – Staunton River District – Arrived Late at 3:55 PM
Eddie L. Hite, Jr. - Dan River District
William V. (“Vic”) Ingram - Tunstall District
Murray W. Whittle - Westover District
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: 6-0 (Approved)
MOVER: Ingram
SECONDER: Tucker
AYES: Dalton, Tucker, Bowman, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
NOT PRESENT: Dudley (Arrived Late at 3:55 PM)
PRESENTATIONS
a. County Broadband Project Update and BEAD Letter of Support Discussion
Rob Taylor, RiverStreet Networks, provided an update on the ongoing Broadband Project in
Pittsylvania County, funded by multiple federal and state programs, including the Connect America
Fund (CAF), Rural Digital Opportunity Funds (RDOF), ARPA, and state VATI funds from 2022
and 2023. The total investment in the County amounts to $91 million, aiming to bring fiber
broadband to over 16,500 funded locations, with plans to expand to approximately 20,000 locations
by the project's end in 2025.
Taylor highlighted the progress since the last update, with 5,500 locations now having access to
broadband and an additional 3,400 under construction. The County has seen significant community
interest, evidenced by a take rate of 21-22%, which is higher than the national average for similar
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projects. River Street has also conducted several outreach events, marketing campaigns, and other
efforts to notify residents about service availability.
Additionally, Taylor discussed the BEAD (Broadband Equity, Access, and Development) program,
a $42.4 billion federal initiative, from which Virginia has been allocated $1.48 billion. River Street
is seeking support from the County in the form of a letter to strengthen its application for BEAD
funding. This letter would not preclude other ISP's from accessing the funds but would enhance
River Street’s chances of securing resources for continued broadband expansion in the County.
This letter of support is on the night's Business Meeting Agenda.
b. IALR Update
Telly Tucker and Linda Green presented an update to the Board where they highlighted the
significant achievements and collaborative efforts of the Southern Virginia Regional Alliance
(SVRA) and the Institute for Advanced Learning and Research (IALR) in driving regional
economic development. Since its establishment in 2002, IALR has grown to include seven (7)
buildings on its campus, serving six (6) counties and two (2) cities, with its initiatives now reaching
statewide, nationally, and globally. The region has experienced remarkable growth in
manufacturing jobs, capital investments, and site readiness, positioning it as a leader in economic
development within Virginia. Notable achievements include the Microporous project, which
accounted for 45% of Virginia's new jobs and 50% of capital investment in the recent fiscal year.
This success has been driven by strategic planning, partnerships between Pittsylvania County and
the City of Danville, and investments in infrastructure and workforce development. The region’s
collaborative approach has garnered admiration across the state. Looking ahead, the need to develop
additional industrial sites and address challenges such as energy, water, transportation, and
workforce development is critical. The region is proactively planning to sustain and expand its
economic growth, ensuring readiness for future opportunities.
Tucker and Green also emphasized the dedication and teamwork of economic development leaders,
whose ability to set aside individual preferences for the common good has earned the region
recognition throughout Virginia. This collaborative leadership, combined with visionary
investments and forward-thinking planning, is driving the region’s continued economic success and
ensuring prosperity for future generations.
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. Ringgold Rail Trail Bridge Repair Update/Discussion
Dave Arnold, Assistant County Administrator, provided an update on the status of the Ringgold
Rail Trail project, focusing on the pedestrian bridge, the last remaining component of a disaster
recovery initiative following Tropical Storm Michael in 2018. Arnold highlighted the timeline of
the project, emphasizing the complexities of securing FEMA funding and addressing extensive
flood damage. Despite delays, progress has been made, including addressing funding shortfalls,
refining cost estimates, and engaging community organizations for potential grant support.
Arnold shared that since the last meeting there has been an increase in FEMA's eligible funding due
to a calculation correction, reducing the project’s funding shortfall. He also clarified the timeline
for awarding a construction contract and discussed the importance of meeting FEMA's deadlines to
avoid losing funding. Questions about trail usage and alternative funding avenues were addressed,
with plans to pursue affordable trail counters and explore grants from local organizations if FEMA
funding proves insufficient.
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b. Proposed FY25/26 County Budget Calendar Discussion/Review
Kim Van Der Hyde, Finance Director, reviewed the budget calendar with the Board. The calendar
serves as a guide and remains flexible for adjustments during the process. It mirrors the previous
year’s approach, with no significant changes. She clarified that department heads have the month
of November to prepare budget submissions, even during Thanksgiving week, ensuring they have
ample time. The adjusted Capital Improvement Plan (CIP) threshold of $100,000 reduces the
number of required submissions. Final CIP adoption is scheduled for January, allowing sufficient
review time.
c. Reorganizational Meeting Date Discussion
There was consensus of the Board to schedule the Reorganizational Meeting for Thursday, January
2, 2025, at 6:00 PM in the County Administration Conference Room.
CLOSED SESSION
Motion to enter Closed Session.
The Board entered Closed Session at 4:10 PM.
RESULT: 7-0 (Approved)
MOVER: Hite
SECONDER: Ingram
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
a. Consultation with legal counsel employed or retained by a public body regarding specific
legal matters requiring the provision of legal advice by such counsel.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matters: Active 911
Purpose: Consultation with Legal Counsel/Legal Advice and
Discussion Regarding the Same
b. Discussion or consideration of the acquisition of real property for a public purpose, or of
the disposition of publicly held real property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public body.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(3)
Subject Matters: Potential Real Property Acquisition for Public Purpose
(29 Medical Center; Mt. Cross Properties)
Purpose: Review/Discussion Regarding the Same
c. Discussion concerning a prospective business or industry or the expansion of an existing
business or industry where no previous announcement has been made of the business' or
industry's interest in locating or expanding its facilities in the community.
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(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matters: Cambridge and Toy Story
Purpose: Economic Development Projects Update/Discussion on
Unannounced Prospective Businesses/Industries
d. Discussion, consideration, or interviews of prospective candidates for employment;
assignment, appointment, promotion, performance, demotion, salaries, disciplining, or
resignation of specific public officers, appointees, or employees of any public body.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: County Attorney Next Steps
Purpose: Review/Discussion of Related Next Steps
RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION
The Board returned to Open Session at 6:41 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work
Session on November 19, 2024, the Board hereby certifies by a recorded vote that to the best of
each Board Member’s knowledge only public business matters lawfully exempted from the Open
Meeting requirements of the Virginia Freedom of Information Act (“Act”) and identified in the
Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting.
If any Board Member believes that there was a departure from the requirements of the Act, he shall
so state prior to the vote indicating the substance of the departure. The Statement shall be recorded
in the Board's Minutes.
Vote
Kenneth L. Bowman Yes
Timothy W. Dudley Yes
Eddie L. Hite, Jr. Yes
William V. (“Vic”) Ingram Yes
Murray W. Whittle Yes
Robert M. Tucker, Jr. Yes
Darrell W. Dalton Yes
ADJOURNMENT
Dalton adjourned the Meeting at 6:43 PM.
12
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
BUSINESS MEETING
November 19, 2024
VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Business Meeting
was held on November 19, 2024, in the Board Meeting Room, 39 Bank Street, SE, Chatham,
Virginia 24531.
CALL TO ORDER
Dalton called the Meeting to Order at 7:00 PM.
ROLL CALL
The following Board Members were present:
Darrell W. Dalton - Callands-Gretna District
Robert M. Tucker, Jr. - Banister District
Kenneth L. Bowman - Chatham-Blairs District
Timothy W. Dudley - Staunton River District
Eddie L. Hite, Jr. - Dan River District
William V. (“Vic”) Ingram - Tunstall District
Murray W. Whittle - Westover District
AGENDA ITEMS TO BE ADDED
Motion to revise the Agenda as follows:
Add the following items to Consent Agenda:
•Microporous LPA
•Ringgold Rail Trail Bridge Repair Contract Approval
•Appointment: West Piedmont Planning District Commission
•Legal Services
Remove item 10b. East Point Battery Storage Siting Agreement, from the Agenda.
RESULT: 7-0 (Approve)
MOVER: Tucker
SECONDER: Ingram
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: 7-0 (Approve)
MOVER: Bowman
SECONDER: Dudley
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
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NAYS: None
ABSTAIN: None
CONSENT AGENDA
Motion to approve Consent Agenda.
RESULT: 7-0 (Approve)
MOVER: Ingram
SECONDER: Hite
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
a. Board Meeting Minutes Approval
b. County's October 2024 Bill List Approval
c. Revised Curl Parking Lot Lease Ratification Approval
d. Curl Parking Lot Deed of Right for First Refusal Approval Ratification
e. RiverStreet Networks' BEAD Application Letter of Support Transmission Approval
f. Gospel Tabernacle Outreach Center Lease Termination Notice Letter Transmission
Approval
g. Resolution # 2024-11-01 Adoption (Supporting Board’s 2025 Legislative Priority Agenda)
h. Resolution # 2024-11-02 Adoption (Honoring Haymore’s Volunteer Fire and EMS Service)
i. Resolution # 2024-11-03 Adoption (Honoring Doss’ PCHS Work)
j. Law Enforcement Mutual Aid Agreements Execution Approval (2)
k. Stryker Preventative Maintenance Contract Approval
l. Open Space Land Use Contract Approval (Laurel, Inc.; Parcel ID # 2400-95-7151)
m. “Road to Revolution” Historical Marker Application Submission Approval (at Old Callands
Courthouse; Original Committee of Safety (January 1775) Commemoration)
n. FY 25/26 County Budget Calendar Approval
o. Appointment: CPMT (Private Provider); (Hank Daniels)
p. Appointment: IDA (Callands-Gretna District); (Bill Nuckols)
q. DSS Air Handlers Contract Award Approval
r. Jasper Wood Road Intent to Abandon Road Notice Approval (Sutherlin)
s. County Administrator Executive Search Firm Contract Approval
t. Microporous LPA Approval
u. Ringgold Rail Trail Bridge Repair Contract Approval
v. Appointment: West Piedmont Planning District Commission (N. Dillard Jones)
w. Legal Services
PRESENTATIONS
a. General Presentations
The Board presented Resolutions to H.F. Haymore and Mack Doss for their years of community
service to Pittsylvania County.
b. DPCS Annual Report Presentation
Geary Davis, DPCS Board Member, presented the annual report for fiscal year 2024. The report
highlights the agency's focus on bringing wellness to the community through mental health,
substance use, and developmental disabilities services. Davis emphasized the importance of the
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dimensions of wellness and the agency's efforts to promote recovery and wellness, and the report
also includes success stories of individuals who have benefited from the agency's programs and
services
HEARING OF THE CITIZENS
Ella Robertson, Banister District, expressed concerns about the impact of power plants and data
centers on rural neighborhoods.
John Owen, Callands-Gretna District, questioned the transparency and legality of the Board's
actions regarding a proposed data center and battery storage facility.
Anna Nunez, Public Affairs Specialist for the U.S. Small Business Administration (SBA) Office of
Disaster Recovery and Resilience, shared information about the Virginia Presidential Disaster
Declaration for Tropical Storm Halene. Speaking as both a professional and a survivor of natural
disasters in Texas, she expressed empathy for affected residents and thanked key individuals,
including Kaylyn McCluster (Clerk to the Board), Christopher Key (Public Safety Director), and
Vice Chairman Robert Tucker for their assistance and warm welcome. Nunez outlined the disaster
assistance available from the SBA, emphasizing that residents do not need to own a business to
apply for SBA loans. She highlighted that Pittsylvania County is eligible for both SBA and FEMA
assistance, with deadlines for FEMA Individual Assistance on December 2, 2024, and FEMA
Public Assistance on November 22, 2024. The SBA offers three types of disaster loans to assist
those affected by natural disasters. The Business Physical Damage Loan provides up to $2 million
to cover business-related damages and financial losses. The Home Disaster Loan offers up to
$500,000 to repair damage to primary residences and up to $100,000 for homeowners and renters
to replace disaster-damaged personal property such as clothing, furniture, and appliances. Lastly,
the Economic Injury Disaster Loan provides up to $2 million to help small businesses and nonprofit
organizations meet ordinary and necessary financial obligations during recovery.
James Adams raised concerns about the excavation of a family cemetery and requested the
opportunity to review the site and plans.
Kathy Ramsey, Banister District, urged the Board to address concerns, including the lack of a local
convenience market, unsafe traffic conditions along State Road 57 and Route 640, and ongoing
water issues in Robin Court.
Patricia Dallas, Banister District, urged the Board to consider establishing a convenience market in
her community, emphasizing the need for accessible essentials like bread and milk. She noted that
residents currently travel ten (10) to fifteen (15) miles for basic items and asked the Board to
seriously consider this request.
Jenny Cole, Banister District, stated she had extensive expertise in geology and hydrology, and she
raised concerns about the Balico Project, citing environmental risks, including water quality,
pollution, and runoff, as well as issues with road usage and transparency. She urged the Board to
prioritize community health and environmental integrity over revenue.
Tonya Reynolds, Callands-Gretna District and co-founder and president of the Pittsylvania County
SPCA, addressed the Board about animal welfare concerns. She highlighted the SPCA's efforts
since 2007 to reduce the County's animal euthanasia rate, which initially exceeded 80%. She
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expressed concern over the County's decision since 2020 to stop addressing feral and community
cats and fears that plans to resume trapping and euthanizing cats in 2025 could reverse progress.
She urged the Board to review the packet she provided and consider the SPCA's position before
implementing any changes.
PUBLIC HEARINGS
Rezoning Public Hearings
1. Case R-24-021: William and Lisa Myers; Rezoning from R-1, Residential Suburban
Subdivision District, to A-1, Agricultural District. On October 1, 2024, the Planning
Commission recommended by 6-0 vote, with no opposition, that the Petitioners' request be
granted. (Supervisor Hite)
In Case R-24-021, William and Lisa Myers (“Petitioners”) have petitioned to rezone 5.0 acres, from
R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a Class
B Home Occupation on the property). The subject property is located on State Road 733/Barker
Road, in the Dan River Election District, and shown on the Tax Maps as GPIN # 2348-32-5688.
Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are
permitted. On October 1, 2024, the Planning Commission recommended by a 6-0 vote, with no
opposition, that the Petitioners' request be granted.
Dalton opened the Public Hearing at 8:00 PM. Will Myers was present to represent the Petition.
No one signed up to speak and Dalton closed the Public Hearing at 8:00 PM.
Motion to approve the rezoning of 5.0 acres from R-1, Residential Suburban Subdivision District,
to A-1, Agricultural District, to allow for a Class B Home Occupation on the property.
RESULT: 7-0 (Approve)
MOVER: Hite
SECONDER: Ingram
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
2. Case R-24-022: Jack Hudgins, Jr.; Rezoning from R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District. On October 1, 2024, the Planning Commission
recommended by 6-0 vote, with no opposition, that the petitioner's request be granted.
(Supervisor Ingram)
In Case R-24-022, Jack Hudgins, Jr. (“Petitioner”) has petitioned to rezone 11.53 acres, from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be
used for agricultural purposes). The subject property is located on State Road 891/Deercrest Lane,
in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1368-87-8407. Once the
property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted.
On October 1, 2024, the Planning Commission recommended by a 6-0 vote, with no opposition,
that the Petitioner's request be granted.
Dalton opened the Public Hearing at 8:02 PM. Jack Hudgins was present to represent the Petition.
No one signed up to speak and Dalton closed the Public Hearing at 8:02 PM.
16
Motion to approve the rezoning of 11.53 acres from R-1, Residential Suburban Subdivision District,
to A-1, Agricultural District, to allow the property to be used for agricultural purposes.
RESULT: 7-0 (Approve)
MOVER: Ingram
SECONDER: Bowman
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
3. Case R-24-023: Ray Atkins, Jr., and Randy Atkins; Rezoning from RC-1, Residential
Combined Subdivision District, to R-1, Residential Suburban Subdivision District. On
October 1, 2024, the Planning Commission recommended by 6-0 vote, with no opposition, that
the petitioners' request be granted. (Supervisor Whittle)
In Case R-24-023, Ray Atkins, Jr., and Randy Atkins (“Petitioners”) have petitioned to rezone 1.57
acres, from RC-1, Residential Combined Subdivision District, to R-1, Residential Suburban
Subdivision District (to allow the property to be consolidated with an adjacent parcel zoned R-1).
The subject property is located on State Road 1132/Old Mayfield Road, in the Westover Election
District, and shown on the Tax Maps as GPIN # 1369-34-6188. Once the property is rezoned to R-
1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On October 1, 2024, the
Planning Commission recommended by a 6-0 vote, with no opposition, that the Petitioners' request
be granted.
Dalton opened the Public Hearing at 8:04 PM. was present to represent the Petition. No signed up
to speak and Dalton closed the Public Hearing at 8:04 PM.
Motion to approve the rezoning of 1.57 acres from RC-1, Residential Combined Subdivision
District, to R-1, Residential Suburban Subdivision District, to allow property lines to be adjusted.
RESULT: 7-0 (Approve)
MOVER: Whittle
SECONDER: Hite
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
Other Public Hearings
1. Public Hearing: Zoning Ordinance Mass Revision
In June 2022, Pittsylvania County contracted with the Berkley Group to update Chapter 35 of the
Pittsylvania County Code, the Pittsylvania County Zoning Ordinance. The current Ordinance was
adopted in 1991, and minimal updates have occurred since that time. On October 1, 2024, the
Planning Commission recommended by a 6-0 vote, with no opposition, that the Ordinance be
adopted with the following addition:
(B) Data centers shall be located on property with an existing transmission line or immediately
adjacent to a property or easement with an existing transmission line unless the power is generated
17
onsite.
(1) No new transmission lines shall be constructed for the purpose of serving the data center.
Caroline Vanterve and Rebecca Cobb, The Berkley Group representatives, presented a review of
the Zoning Ordinance Mass Revision to the Board. After reviewing the draft, the Board discussed
updates to the proposed version and decided to postpone the vote to the January meeting to allow
more time for revisions and public input. The consulting group assisting with the update noted their
work with the County would conclude after this meeting, but they would review any additional edits
submitted through staff.
Motion to postpone this item until January.
RESULT: 7-0 (Approve)
MOVER: Tucker
SECONDER: Ingram
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
Dalton opened the Public Hearing at 8:35 PM.
Mark Blanchet, Tunstall District, advocated for changes to the zoning ordinance regarding
campgrounds, opposing restrictions on how long people can stay and requirements to share resident
information. He emphasized the importance of allowing extended stays, particularly for workers
involved in large construction projects like factories, who often reside in campgrounds. Removing
these restrictions would support local growth, ease challenges for workers and campground owners,
and facilitate smoother completion of development projects.
Curtis Jefferson, Dan River District, expressed concerns about zoning restrictions limiting stays to
six (6) months, arguing it discourages workers involved in local projects like solar fields and the
casino from staying in the area. He emphasized that these workers bring significant economic
benefits, spending money on groceries, fuel, and other local goods, while also contributing through
permits and taxes. The speaker highlighted that his campground is discreet and does not disturb the
community and urged the Board to reconsider the restrictions to support local growth and maintain
their business viability.
Tracy Love, Staunton River District, voiced concerns about proposed campground regulations,
thanking the Board for prior adjustments, but urging further changes. She highlighted how
restrictions on long-term stays would disrupt business, prevent expansions, and force campers, such
as retirees visiting family, to leave prematurely. She emphasized the economic impact of workers
and tourists who bring revenue to the area, warning that overly strict regulations could drive them
to other counties or unregulated, non-compliant campgrounds. She urged the Board to consider the
challenges campgrounds face in maintaining compliance while supporting local growth and
tourism.
Jeff Love, Staunton River District, spoke on behalf of the Pittsylvania County Camp Owners
Association and raised concerns about proposed zoning changes, emphasizing their potential
negative impact on campground operations and local development. He highlighted several issues,
18
including limits on guest stays, excessive campsite size requirements, restrictions on retail items
sold at campgrounds, and impractical rules about trash collection and RV parking. Love argued that
these regulations would harm campgrounds, which rely heavily on transient workers and long-term
guests due to the County's lack of tourist traffic. He also criticized the lack of input from
campground owners during the zoning update process and called for changes to better support
businesses, workers, and local growth, urging the Board to reject the proposed zoning regulations
as written.
The Board recessed at 8:58 PM.
The Board reconvened at 9:06 PM
Katie Whitehead, Chatham-Blairs District and representing the Concerned Citizens of Chalk Level
and Whittles, urged the Board to address deficiencies in the draft zoning ordinance before voting.
She expressed concerns about Balico LLC's new application, noting the draft ordinance does not
account for data centers with on-site power generation. She proposed several revisions, including
requiring such projects to meet power station regulations, explicitly protecting agricultural land,
setting stricter noise limits aligned with World Health Organization guidelines, and mandating
water usage assessments for data centers. She also warned that delaying the ordinance vote could
allow the Balico project to proceed under outdated regulations, potentially exposing the County to
harm. She emphasized the importance of adopting the ordinance promptly, with her suggested
revisions, to protect residents and prevent adverse impacts from future projects.
Amber Hutcherson, Staunton River District, expressed gratitude for the Board’s service and
requested an extension of thirty (30) to ninety (90) days for public comment on the proposed zoning
ordinance. She emphasized the importance of thorough community input, particularly given recent
large-scale proposals, such as a 2,300-acre data center and power plant project, and a significant
battery energy storage facility. She highlighted the need for careful planning and transparency to
ensure the ordinance appropriately addresses infrastructure and community concerns. She also
urged the Board to allow more time for citizens, businesses, and stakeholders to review and provide
feedback on the ordinance.
Dalton closed the Public Hearing at 9:16 PM.
NEW BUSINESS
None.
BOARD MEMBER REPORTS
• Hite reflected on a successful week in the County, highlighting the Governor's visit and
the announcement of new developments at the Mega Park, which were the result of
forward-thinking leaders. As the holiday season approaches, he urged the community to
reach out to neighbors, especially those facing loneliness or loss. He emphasized the
importance of showing care and support, reminding everyone to be thankful for life's
blessings and to foster a sense of connection and compassion within their communities.
• Tucker expressed gratitude for Veterans' service and addressed various community
concerns. He emphasized the Board’s responsibility to ensure fairness in decision-making,
19
particularly regarding the Balico project, while maintaining an equal-opportunity approach
for all applicants. He clarified that a $900,000 grant was secured for the Robin Court water
project set to begin in 2025 and noted that establishing convenience centers, such as the
one requested for Spring Garden, is a private entrepreneurial function, not a Board
responsibility. Addressing concerns about speed limits and signage, he explained that such
matters fall under VDOT's jurisdiction. Tucker celebrated the announcement of
Microporous' arrival in the Industrial Park as a transformative win for Pittsylvania County
and highlighted its potential for attracting collateral businesses and boosting economic
development. He concluded by thanking the staff and acknowledging Mr. Hunt for his
contributions to the County.
• Dudley expressed gratitude for the community's patience during the lengthy meeting and
acknowledged H.F. Haymore for sixty (60) years of service to Pittsylvania County,
highlighting his dedication and contributions as an exemplary citizen. He also recognized
the community's involvement regarding the East Point battery storage project, which has
been withdrawn, and reflected on productive conversations with residents. Dudley thanked
County Attorney Hunt for his years of service and friendship, wishing him well in his
future endeavors. He concluded by wishing everyone a Happy Thanksgiving.
• Whittle congratulated his brother on being re-elected to Danville City Council and praised
the successful opening of the Harville Saunders Parkway, which provides access to the
Mega Park. He expressed gratitude to the staff and attendees, acknowledged Mr. Hunt for
his support, and wished everyone a Happy Thanksgiving.
• Bowman highlighted a busy and productive period, attending several community events
and meetings, including the Farm Bureau Annual Dinner, the Pittsylvania County Sports
Hall of Fame Induction Ceremony, and the announcement of Microporous' arrival at the
Berry Hill Mega Site. He thanked Katie Whitehead for her detailed input on zoning
concerns and praised the civility of discussions at the Java area data center forums. He also
participated in events supporting veterans, including a recognition by the Dan River
Ruritans and attending FEMA’s disaster assistance site, where 21 applicants received help.
Bowman reflected on his military service, emphasizing the importance of suicide
prevention, especially for veterans, as the holidays approach. He urged veterans in need to
reach out to him or other resources for support. He concluded by thanking County staff,
recognizing Mr. Hunt for his contributions, and wishing everyone a Happy Thanksgiving.
• Ingram shared his appreciation for community milestones, extending congratulations to
Dennis Dillion and Terry Harris from his district for their induction into the Pittsylvania
County Sports Hall of Fame. He honored H.F. Haymore and Mack Doss for their
contributions and remembered Davis Newman, a Korean War veteran and founder of the
Veterans Memorial in Dan Daniel Park. He acknowledged National First Responders Day
and praised the County's volunteers. Ingram also celebrated local election results, including
his support for Madison Whittle, and expressed excitement about his upcoming 40th
wedding anniversary. He reflected on the significance of the Harville Saunders Parkway
dedication, recognizing the vision of Coy Harville and Sherman Saunders in advancing the
$1.351 billion investment, which he believes will drive economic growth. Ingram
concluded by wishing everyone a Happy Thanksgiving, emphasizing the importance of
gratitude and community spirit.
20
• Dalton expressed gratitude to the staff and attendees, highlighting the success of recent
events, including the Youth Fishing Day at Wayside, which brought joy to many children,
and the Microporous announcement, a significant milestone for the County. He also
recognized H.F. Haymore and Mack Doss for their contributions to the community and
encouraged everyone to keep Mr. Dudley and his family in their thoughts during a difficult
time. He thanked Mr. Hunt for his service to the County and wished him well in his future
endeavors. Dalton concluded by wishing everyone a safe journey home and a wonderful
Thanksgiving.
COUNTY ADMINISTRATOR REPORTS
Shorter wished a Happy Thanksgiving to everyone.
Hunt shared a heartfelt farewell and stated, "As I embark on a new chapter of my life, I just want
to say what an honor and privilege it has been to serve the Board of Supervisors, County staff,
Constitutional Officers, and most importantly, the great citizens of Pittsylvania County for the last
fourteen (14) years. I wish everyone all the best in their future endeavors. My family and I thank
you all from the bottom of my heart. Take care and God bless."
ADJOURNMENT
Dalton adjourned the Meeting at 9:42 PM.
21
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
CALLED MEETING
December 6, 2024
VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Called Meeting was
held on December 6, 2024, in the County Administration Conference Room, 1 Center Street,
Chatham, Virginia 24531.
CALL TO ORDER (11:30 AM)
Dalton called the Meeting to Order at 11:30 AM.
ROLL CALL
The following Board Members were present:
Darrell W. Dalton - Callands-Gretna District
Robert M. Tucker, Jr. - Banister District
Kenneth L. Bowman - Chatham-Blairs District
Timothy W. Dudley - Staunton River District
Eddie L. Hite, Jr. - Dan River District
William V. (“Vic”) Ingram - Tunstall District
Murray W. Whittle - Westover District
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: 7-0 (Approved)
MOVER: Ingram
SECONDER: Tucker
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
NEW BUSINESS
a. Local Performance Agreement Approval for Project Cambridge
Motion to enter Closed Session under Virginia Code § 2.2-3711(A)(5), Virginia Code § 2.2-
3711(A)(39), and Virginia Code § 2.2-3711(A)(3).
RESULT: 7-0 (Approved)
MOVER: Ingram
SECONDER: Bowman
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
22
Dalton requested that Steven Merricks be allowed to join the Closed Session as representation from
the County's IDA. There was consensus of the Board to allow Merricks to join.
The Board entered Closed Session at 11:32 AM.
The Board returned from Closed Session at 12:10 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Called
Meeting on December 6, 2024, the Board hereby certifies by a recorded vote that to the best of each
Board Member’s knowledge only public business matters lawfully exempted from the Open
Meeting requirements of the Virginia Freedom of Information Act (“Act”) and identified in the
Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting.
If any Board Member believes that there was a departure from the requirements of the Act, he shall
so state prior to the vote indicating the substance of the departure. The Statement shall be recorded
in the Board's Minutes.
Vote
Kenneth L. Bowman Yes
Timothy W. Dudley Yes
Eddie L. Hite, Jr. Yes
William V. (“Vic”) Ingram Yes
Murray W. Whittle Yes
Robert M. Tucker, Jr. Yes
Darrell W. Dalton Yes
Motion to approve the Local Performance Agreement for Project Cambridge.
On behalf of the County’s IDA, Steven Merricks shared the following statement with the Board:
"Mr. Chairman and fellow Board Members, this is an exciting day for Pittsylvania County, and
especially the Dan River District, which I represent on the IDA. Today, we are pleased to welcome
our newest corporate neighbor, Cambridge Pavers, to the Ringgold community. The IDA and
Pittsylvania County have worked hard to capitalize on our strategic location to create the space and
build the necessary infrastructure to attract high-quality, diverse manufacturers to this region, and
Cambridge Pavers certainly fits that profile. Along with its sizable capital investment, Cambridge
will also bring fifty-five (55) high-quality jobs that will provide new and sustainable employment
opportunities to our children, grandchildren, friends, and neighbors who make Southside their
home. The arrival of Cambridge pavers is another example of how Pittsylvania County and the IDA
have worked together to overcome the economic hardships of the past and invest in our shared
future. We are also delighted that Virginia and especially Pittsylvania County was able to attract
and secure the commitment of Cambridge Pavers. Again, we successfully out-competed our biggest
rival, North Carolina, as well as a few other states, both north and south, for this business
investment. Obviously, we are doing something right. On behalf of the Pittsylvania County
Industrial Development Authority, I would like to thank Tom Townes of Cushman & Wakefield,
23
who introduced Cambridge Pavers to Pittsylvania County, and as a Southern Virginia native, I
would also like to personally thank Charles Gamarekian and his team for sticking with Pittsylvania
County as we have had to overcome a few last-minute obstacles to get this deal done. Thank you,
Charles, Steve, and team. We appreciate your confidence in us and your strong desire for a long-
standing and meaningful partnership. Thank you."
RESULT: 7-0 (Approved)
MOVER: Tucker
SECONDER: Ingram
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
b. Commonwealth Opportunity Fund Agreement Approval for Project Cambridge
Motion to approve the Commonwealth Opportunity Fund Agreement for Project Cambridge.
RESULT: 7-0 (Approved)
MOVER: Bowman
SECONDER: Ingram
AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle
NAYS: None
ABSTAIN: None
ADJOURNMENT
Dalton adjourned the Meeting at 12:18 PM.
24
7.b.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: County's November 2024 Bill List Approval
Staff Contact(s): Kim VanDerHyde
Agenda Date: December 17, 2024 Item Number: 7.b.
Attachment(s): None
Reviewed By:
SUMMARY:
At each Board Business Meeting, the County’s Auditors recommend the Board
review and approve payments made by the County as oversight of County
Fund expenditures. For the Board's review and consideration, the County's
November 2024 Bill List is found at the below link:
https://weblink.pittgov.net/WebLink/Browse.aspx?id=517538&dbid=0&repo=Pitt
GovDocs
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the County’s November 2024 Bill
List as presented.
MOTION:
“I make a Motion approving the County’s November 2024 Bill List as presented.”
25
7.c.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Resolution
Agenda Title: Resolution # 2024-12-01 Adoption (Honoring Pastor Roger
Ewing's Retirement)
Staff Contact(s): Kenneth Bowman
Agenda Date: December 17, 2024 Item Number: 7.c.
Attachment(s): 1. 2024-12-01 Honoring Pastor Roger Ewings
Retirement
Reviewed By:
SUMMARY:
After forty-five (45) years of faithful service as the senior pastor of White Oak
Worship Center, Pastor Roger L. Ewing ("Ewing") is retiring. The Board expresses
its sincere appreciation to Ewing for his years of service to his congregation and
surrounding community and the lasting impact he has made on many
individuals, and congratulates him on his well-deserved retirement. For the
Board's review and consideration, Resolution # 2024-12-01 evincing the same, is
attached for potential adoption.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board adopt Resolution # 2024-12-01 as
attached and presented.
MOTION:
"I make a Motion adopting Resolution # # 2024-12-01 as attached and
presented."
26
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2024-12-01
__________________________________________________________________________________________
HONORING PASTOR ROGER L. EWING’S RETIREMENT
__________________________________________________________________________________________
VIRGINIA: The Pittsylvania County Board of Supervisors (“Board”) adopted the following Resolution at its
Business Meeting on December 17, 2024:
WHEREAS, Pastor Roger L. Ewing (“Pastor Ewing”) and his wife, Garnie, answered the Lord’s call to
ministry at the young age of eighteen (18) while living in Alexandria, Virginia, beginning a life of unwavering
faith and service; and
WHEREAS, in 1970, Pastor Ewing and Garnie moved to Danville, Virginia, following a two-year journey
overseas while Pastor Ewing served in the military, demonstrating both their dedication to their country and their
steadfast commitment to God’s purpose for their lives; and
WHEREAS, in June 1977, Pastor Ewing and Garnie became two (2) of sixteen (16) original charter members
of White Oak Worship Center, formerly known as Full Gospel Fellowship Church, where Pastor Ewing’s leadership
and faith ensured that the pulpit was consistently filled with God’s message; and
WHEREAS, in February 1980, after much prayer and divine guidance, Pastor Ewing became the senior
pastor of White Oak Worship Center, where he faithfully served for nearly forty-five (45) years, sharing the Word
of God in a powerful, practical, and often humorous way, while winning countless souls to Christ through his
compassionate and effective ministry; and
WHEREAS, under Pastor Ewing’s leadership, White Oak Worship Center saw tremendous growth and
development, including the construction of two sanctuaries, a fellowship hall, and a gymnasium, as well as the
relocation of the church in 2009 from Luna Lake Road in Danville to its current location on U.S. Highway 29 and
R & L Smith Road in Blairs, Virginia; and
WHEREAS, Pastor Ewing’s legacy is defined by his unwavering commitment to shepherding the
congregation of White Oak Worship Center with love and gentleness, embodying the true essence of the word
“pastor,” and by the enduring partnership and support of his wife, Garnie, throughout their ministry; and
WHEREAS, Pastor Ewing has been an invaluable asset to the County and surrounding community,
providing unwavering support and compassionate guidance to those in need.
NOW, THEREFORE, BE IT RESOLVED, that the Board expresses its heartfelt gratitude to Pastor Roger
L. Ewing for his nearly forty-five (45) years of faithful service as the senior pastor of White Oak Worship Center and
extends its best wishes to him and his wife, Garnie, as they embark on their well-deserved retirement.
Adopted this 17th day of December, 2024.
__________________________________________
Kenneth L. Bowman (Chatham-Blairs Supervisor)
Pittsylvania County Board of Supervisors
__________________________________________
Darrell W. Dalton (Chairman)
Pittsylvania County Board of Supervisors
27
7.d.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Resolution
Agenda Title: Resolution # 2024-12-02 Approval (Moral Obligation
Supporting GPIN # 1366-12-5834)
Staff Contact(s): Matthew Rowe
Agenda Date: December 17, 2024 Item Number: 7.d.
Attachment(s): 1. 2024-12-02 Moral Obligation Supporting GPIN
# 1366-12-5834
Reviewed By:
SUMMARY:
The Danville-Pittsylvania Regional Industrial Facility Authority (RIFA) has received
an approval from the Virginia Small Business Finance Authority (VSBFA) for a
$1,895,000 loan that would be utilized to purchase the Oak Hill Plantation
property (roughly 290-acres) adjacent to the Southern Virginia Megasite. The
loan’s terms are: An amortization schedule of 20-years with a maturity date of
10-years with a fixed interest rate of 5.5% and no origination fee. For collateral,
VSBFA requires a 1st lien position on the property and Moral Obligations from
both the County and City as the participating member locales of RIFA. A
concept plan will be developed for the property’s long-term use – the property
will not be added to the Southern Virginia Megasite and will not be used for
industrial uses. The City of Danville is also required to provide a Moral Obligation
for the loan.
FINANCIAL IMPACT AND FUNDING SOURCE:
RIFA is ultimately the funding source for this project, however, funding for RIFA
comes 50/50 from the County and City. RIFA anticipates having various sources
of internal revenue, but the County and City should budget the annual
mortgage amounts should there be a shortfall in direct revenue to RIFA. The
debt liability to RIFA / County / City is a total of $156,479.04 per year (after the
initial 12 months of interest only). Next year, RIFA’s bonds for Cane Creek Centre
will have been paid, and the debt liability for this loan is roughly equal to the
amount previously being budgeted and paid for said bonds – thus the impact
to RIFA’s budget (compared to previous budgets) would be minimal. At the
28
maturity of the loan, the remaining principal would be $1.2M; over the period
RIFA would be budgeting for this balloon payment.
RECOMMENDATION:
Staff recommends the Board approve Resolution # 2024-12-02 in support of the
Moral Obligation for GPIN # 1366-12-5834 as presented.
MOTION:
"I make a Motion to approve Resolution # 2024-12-02 in support of the Moral
Obligation for GPIN # 1366-12-5834 as presented."
29
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2024-12-02
______________________________________________________________________________
MORAL OBLIGATION SUPPORTING GPIN # 1366-12-5834
______________________________________________________________________________
VIRGINIA: The Pittsylvania County Board of Supervisors (“Board”) adopted the
following Resolution at its Business Meeting on December 17, 2024:
WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (the “Board of
Supervisors”) has determined that it is in the best interests of the County of Pittsylvania, Virginia
(the “County”) to lend its assistance to the Danville-Pittsylvania Regional Industrial Facility
Authority, a political subdivision of the Commonwealth of Virginia (the “Authority”), of which
the County is a member locality, in the issuance of the Authority’s promissory note in the original
principal amount of up to $1,895,000.00 due and payable in full in approximately 10 years (the
“Note”) for the acquisition of that certain real property consisting of approximately 289.47 acres,
being GPIN 1366-12-5834, commonly known as Berry Hill Road / 863 Dan River-Oak Hill Tr,
together with all easements, rights-of-way and appurtenances thereunto belonging (the “Land”)
and any improvements made to or upon the Land (collectively known as the “Property”), by the
pledging of the County's moral obligation to pay amounts due on the Note that are not paid when
due by the Authority; and
WHEREAS, the proceeds of the Note and the loan evidenced thereby (the “Loan”) are to
be used (i) to pay costs of the Property and (ii) to pay the costs of issuance of the Note, all to
accomplish certain purposes of the Virginia Regional Industrial Facilities Act (the “Act”); and
WHEREAS, there has been presented to the Board of Supervisors a plan for the financing
of the Property involving the issuance of the Note by the Authority and the pledge of the moral
obligation of the County, which would not create debt of the County for purposes of the Virginia
Constitution and would promote industry and increase commerce in the County and the
Commonwealth of Virginia; and
WHEREAS, the Authority expects to receive a proposal from the Virginia Small Business
Financing Authority, a political subdivision of the Commonwealth of Virginia (“VSBFA”) for
purchase of the Note, pursuant to a Loan Agreement between the Authority and VSBFA providing
for the purchase of the Note and the loan of the monies from the sale of the Note to pay certain
costs of acquiring the Property (the “Loan Agreement”), and the Authority will acquire and own
the Property. Payment of the Note will be secured by, among other things, a lien on and security
interest in the Property between the Authority and VSBFA, and in connection therewith, VSBFA
has requested a moral obligation support agreement be entered into between the Authority and the
County and a moral obligation support agreement be entered into between the Authority and the
City of Danville, Virginia; and
WHEREAS, there has been presented to this meeting a draft of a Moral Obligation Support
Agreement between the County and the Authority for the County to undertake a non-binding
30
obligation to appropriate from time to time monies in connection with payments due under the
Loan Agreement and the Note (the “Support Agreement”).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF PITTSYLVANIA COUNTY, VIRGINIA:
1. The following plan for financing the Property is hereby approved. The Authority
will be requested to issue the Note in the maximum amount of $1,895,000.00 and to use the
proceeds therefrom to finance costs of the Property and pay costs of issuance of the Note. The
Authority will sell the Note to VSBFA and agree to repay the same pursuant to the Loan
Agreement. The obligation of the County to make any payments under the Support Agreement
will be subject to the Board of Supervisors making appropriations for such purpose from time to
time. It is expected that the Note will be secured by the Loan Agreement, a certain lien on and
security interest in the property, and the Support Agreement. It is hereby found and determined
that the above-described plan is in the public interest, will benefit the inhabitants of the County,
will increase commerce and will promote the safety, health, welfare, convenience and prosperity
of the County and its citizens.
2. The Chairman or Vice Chairman of the Board of Supervisors, either of whom may
act, is hereby authorized and directed to execute and deliver the Support Agreement. The
Chairman or Vice Chairman of the Board of Supervisors, either of whom may act, is hereby
authorized and directed to acknowledge and consent, as necessary, to the provisions of the Support
Agreement and any other agreements, instruments, certificates or other documents required to be
executed by the County in connection with the issuance of the Note.
3. The Support Agreement shall be in substantially the form submitted to this meeting,
which is hereby approved, with such completions, omissions, insertions, and changes as may be
approved by the officer executing it, his execution to constitute conclusive evidence of his approval
of any such completions, omissions, insertions and changes.
4. The Board of Supervisors, while recognizing that it is not empowered to make any
binding commitment to make appropriations beyond the current fiscal year, hereby states its intent
to make annual appropriations in future fiscal years in amounts sufficient to make all payments
due under the Note pursuant to the Support Agreement to the extent such payments are not made
when due by the Authority and hereby recommends that future Boards of Supervisors do likewise
during the term of the Note.
5. All other acts of the Chairman or Vice Chairman of the Board and other officers of
the County that are in conformity with the purposes and intent of this resolution and in furtherance
of the plan of financing, the issuance and sale of the Note and the financing of the Property are
hereby approved, ratified and confirmed.
6. Nothing in this Resolution or the Support Agreement, the Note or any related
documents shall constitute a debt or a pledge of the faith and credit or the taxing power of the
County with respect to any sums which are or may become payable under the Support Agreement.
All obligations of the County and the Board of Supervisors under the Support Agreement are
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subject to and dependent upon appropriation of funds by the Board of Supervisors, and the Board
of Supervisors shall have no legally binding obligation under this resolution or in the Support
Agreement to make any such appropriation or the payments provided for in the Support
Agreement, the Support Agreement being a statement only of the present intent of the Board of
Supervisors.
7. This resolution shall take effect immediately.
Adopted this 17th day of December, 2024.
______________________________
Darrell W. Dalton (Chairman)
County of Pittsylvania, Virginia
ATTEST:
____________________________
Kaylyn M. McCluster, Clerk
Board of Supervisors
County of Pittsylvania, Virginia
The Resolution set forth above was adopted during an open meeting at a regular meeting of the
Board of Supervisors of the County of Pittsylvania, Virginia, held on December 17, 2024, all in
accordance with law, by the following votes:
Vote
Darrell W. Dalton (Chairman) ___
Robert M. Tucker, Jr. (Vice-Chairman) ___
Kenneth L. Bowman ___
Timothy W. Dudley ___
Eddie L. Hite, Jr. ___
William V. (“Vic”) Ingram ___
Murray W. Whittle ___
Ayes __ Nays __ Abstentions __
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7.e.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Jasper Wood Road Intent to Abandon Road Notice
Approval (Popek)
Staff Contact(s): Matthew Evans
Agenda Date: December 17, 2024 Item Number: 7.e.
Attachment(s): 1. Road Abandonment - Popek
Reviewed By:
SUMMARY:
Phillip Popek (“Popek”) owns 1133 Jasper Wood Road in the County’s Staunton
River Magisterial District. Popek desires to have the adjacent roadway (not
open) abandoned between his Lot 161B and Lots 162, and 163 to maintain its
upkeep. There are two (2) adjacent parcels and said parcel owners are not
opposed to the abandonment.
Per Virginia Code § 33.2-909 attached, the procedure for the Board to
abandon an existing road, or portion of a road, is as follows:
(1) The Board must decide that no public necessity exists for the continuance of
the public road;
(2) After such an affirmative majority vote, the Board must send a formal notice
of its intent to abandon the road to the VDOT Commissioner; (not applicable, as
this roadway is not a VDOT roadway)
(3) The Board must post notice in at least three (3) places on and along the
road sought to be abandoned for at least thirty (30) days;
(4) The Board must publish notice of its intent to abandon the road in two (2) or
more issues of a newspaper having general circulation in the County;
(5) The Board must then wait thirty (30) days for any interested party to request a
Public Hearing of or related to the road abandonment; and
(6) If a request for a Public Hearing does not occur, the Board, within the four (4)
months of the thirty (30) day posting period, must adopt an Ordinance or
Resolution abandoning the public road, and with that Ordinance or Resolution
the section of public road shall cease to be a public roadway.
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For the Board’s review and consideration, related documentation is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None, other than advertising and posting costs. County Staff will charge these
costs to Popek. As the County owns the property, there is no revenue loss if the
property is disposed of and the transfer will result in the property being subject
to property taxes.
RECOMMENDATION:
County Staff recommends the Board do the following related to potential
abandonment of the roadway between Lots 161B, 162, and 163 on Jasper
Wood Road:
(1) Make a Motion determining that no public necessity exists for the
continuance of the public road;
(2) After such an affirmative majority vote, authorize County Staff to send a
formal notice of its intent to abandon the road to Popek;
(3) Authorize County Staff post a notice, in at least three (3) places on and
along the road sought to be abandoned, for at least thirty (30) days;
(4) Authorize County Staff advertise notice of its intent to abandon the road in
two (2) or more issues of a newspaper having general circulation in the County;
(5) Wait thirty (30) days for any interested party to request a Public Hearing
regarding the abandonment; and
(6) If a request for a Public Hearing does not occur, the Board, within the four (4)
months of the thirty (30) day posting period, must pass an Ordinance or
Resolution abandoning the road.
MOTION:
“I make a Motion to follow the above-Staff Recommendation regarding the
potential abandonment of the roadway on Jasper Wood Road between Lots
161B, 162, and 163.”
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37
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7.f.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: RiverStreet Wireless of Virginia, Inc. Lease Amendment
Approval
Staff Contact(s): Dave Arnold
Agenda Date: December 17, 2024 Item Number: 7.f.
Attachment(s): 1. 2024-11-27 RiverStreet Wireless Letter
Reviewed By:
SUMMARY:
RiverStreet Wireless of Virginia, Inc. (“Company”) has notified the County Board
of Supervisors (“Board”) via the attached letter dated November 27, 2024 of its
reorganization plans for their wireless assets which will result in the assignment of
certain assets to RiverStreet Wireless Assets, LLC. Due to this reorganization and
subsequent renaming of the Company, the lease agreement with the Board
dated March 1, 2020 (“Agreement”) should be amended to reflect the new
Company name (i.e., RiverStreet Wireless Assets, LLC). The Agreement will
remain unchanged and service will continue without any interruption. Approval
of this item confirms the Board’s consent to the Company name change and
acknowledgment that all terms of the Agreement shall remain in effect.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the Lease Agreement
Amendment as attached.
MOTION:
"I make a Motion to approve the Lease Agreement Amendment as attached."
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7.g.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: BZA Appointment Recommendations (Yeaman and
Warren)
Staff Contact(s): Kaylyn McCluster
Agenda Date: December 17, 2024 Item Number: 7.g.
Attachment(s): 1. 12-11-2024 Carroll Yeaman - BZA
2. 12-11-2024 Anna Warren - BZA
Reviewed By:
SUMMARY:
Currently, Carroll Yeaman (“Yeaman”) and Anna Warren ("Warren") are
members of the County’s Board of Zoning Appeals (“BZA”), and their term is set
to expire on January 14, 2025. They are both eligible for reappointment. As you
are aware, BZA appointments are at-large appointments (i.e., meaning not
District specific), and per Virginia Code § 15.2-2308, the County’s Circuit Court
Judge, as the BZA is legally a quasi- judicial body, makes all BZA appointments.
However, in the past, Judge Moreau has graciously allowed the Board to make
non-binding recommendations for BZA appointments. Both individuals have
expressed their interest in continuing to serve, and the related documentation is
attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
For the Board's review and consideration.
MOTION:
“I make a Motion that this Board recommend that Judge Moreau reappoint
Yeaman and Warren to the BZA.”
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Serve on a Board or Commission
Full Name
Carroll Yeaman
Full Address
4421 Mount View Road
Danville, Virginia 24540
Election District
Westover
Phone
(434) 251-9723
Email
carrollyeaman@comcast.net
Board, Committee, or Commission of Interest
Board of Zoning Appeals
*Disclaimer* Members of the Board of Zoning Appeals and the Board of Equalization are appointed by a local judge.
The Board of Supervisors can make recommendations, but a judge actually makes the appointment.
Education Background
High School Graduate plus Business Training
Occupation
Retired/Former Owner of Hughes Marine Service, inc.
Why do you want to serve on this Board?
I would like to continue serving for another term on the Zoning Board of Appeals in order to help the citizens of
Pittsylvania .
What special skills/interests/qualifications would benefit you in this appointment?
A strong interest in the growth and development of Pittsylvania County.
Read-Only Content
Agree to complete all required filings and to adhere to the Code of Ethics/Model of Excellence
Yes
If appointed to serve on any Committee, Board, or Commission, I agree to the following: -Complete the required
Conflict of Interest Act (COIA) Annual Filings and adhere to the Code of Ethics/Model of Excellence as included in the
Pittsylvania County Board of Supervisors Bylaws -Using a County-issued email for communications should one be
provided to me -Complete all training as required by the County/State. I agree to all the requirements above:
Yes
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Serve on a Board or Commission
Full Name
Anna Warren
Full Address
1345 Locust Dr
Cascade, va 24069
Election District
Tunstall
Phone
(434) 429-4920
Email
awwarren59@yahoo.com
Board, Committee, or Commission of Interest
Board of Zoning Appeals
*Disclaimer* Members of the Board of Zoning Appeals and the Board of Equalization are appointed by a
local judge. The Board of Supervisors can make recommendations, but a judge actually makes the
appointment.
Education Background
Tunstall Sr. High graduate, and I currently hold a degree in childcare and social work that was obtained from Danville Community
College in 1997.
Occupation
Owner/ Director of Little Blessings ChildCare
Why do you want to serve on this Board?
I was born and raised in this community and it holds a dear place in my heart. I thoroughly enjoy assisting others in any way that I
can. I want to encourage others to do the same. What better way to serve my community and the people that live in it? Additionally,
I feel as though I would be a positive asset to the overall growth and development of the board and its functions. Simply because I
put people first. I have approximately 30 years of experience working with children and I am aware of what our community needs. I
have a genuine love and adoration for our community and I want to see it prosper and grow.
What special skills/interests/qualifications would benefit you in this appointment?
I was a foster parent for seven years and I found the experience to be rewarding. I am currently the owner and director of a licensed
childcare center in the state of Virginia. I serve over thirty families and I take special interest in getting to know each one of them
personally. Due to my position in the childcare field, I am able to come across individuals who want to help and those that need
help. I find my blessing in connecting the two. I truly enjoy seeing others reach obtainable goals so putting my best foot forward is
an act I can carry with pride.
Agree to complete all required filings and to adhere to the Code of Ethics/Model of Excellence
Yes
If appointed to serve on any Committee, Board, or Commission, I agree to the following: -Complete the required
Conflict of Interest Act (COIA) Annual Filings and adhere to the Code of Ethics/Model of Excellence as included in the
Pittsylvania County Board of Supervisors Bylaws -Using a County-issued email for communications should one be
provided to me -Complete all training as required by the County/State. I agree to all the requirements above:
Yes
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7.h.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Jail Food and Food Supplies Contract Award Approval
Staff Contact(s): Connie Gibson
Agenda Date: December 17, 2024 Item Number: 7.h.
Attachment(s): 1. IFB 20241025 Scope of Service FINAL
2. Food Service Bid Opening
3. RRS Food signed contract
Reviewed By:
SUMMARY:
The County's Purchasing Department issued an Invitation for Bid ("IFB") for
Professional Services - Jail Food and Food Supplies. The IFB was posted on the
VA Business Opportunity's website, on the County's website, and sent to three (3)
vendors. The County received one (1) bid. For the Board's review and
consideration, attached is related information/documentation.
FINANCIAL IMPACT AND FUNDING SOURCE:
The estimated cost for one (1) year is $166,721.73. This cost will come from the
County's Jail Budget.
RECOMMENDATION:
County Staff recommends the Board award the attached Contract.
MOTION:
"I make a Motion awarding the attached Contract."
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PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
INVITATION FOR BID
PITTSYLVANIA COUNTY JAIL
FOOD AND FOOD SUPPLIES
IFB- 20241025
October 25, 2024
CONTACT: CONNIE GIBSON, PURCHASING MANAGER
(434) 432-7744
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2
INVITATION FOR BIDS
(IFB)
Issue Date: October 25, 2024 IFB# 20241025
Issuing Department: Pittsylvania County Board of Supervisors
Purchasing Department
1 Center Street
Chatham, Virginia 24531
Sealed Bids Will Be Received Until 10:00 A.M., November 19, 2024, and then publicly opened,
for furnishing the following described supplies, for delivery and/or performance. Public opening
will be in the conference room located at 1 Center Street, Chatham, VA 24531. Bids received after
the deadline will be disqualified.
One (1) paper copy of the bid excel price sheet and;
One (1) electronic (flash drive) version of the excel price sheet
All Inquiries For Bid Information Should Be Directed To: Connie Gibson, Procurement Manager,
Telephone Number: (434) 432-7744., connie.gibson@pittgov.org.
Please mark outside of envelope as follows:
IFB 20241025 –Jail Food and Food Supplies
In Compliance with this Invitation For Bids And To All The Conditions Imposed Herein And
Hereby Incorporated By Reference, The Undersigned Offers And Agrees To Furnish The
Goods/Services At The Price(s) Indicated on Food List attached.
Name and Address of Firm:
Date:
By:
Signature
Print Name
Title
Telephone Number: e-mail:
Fax: FIN:
Note: The County of Pittsylvania, Virginia does not discriminate against faith-based organizations in accordance
with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or against a bidder or offeror because of race, religion,
color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating to
discrimination in employment or contracting.
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3
PITTSYLVANIA COUNTY
INVITATION FOR BID
FOOD AND FOOD SUPPLIES
1. GENERAL
The County of Pittsylvania, Virginia, is interested in receiving bids from qualified Bidders to provide
food, food supplies and delivery to Pittsylvania County Jail. The County’s intent is to establish a
contract for these services in accordance with the terms, conditions and specifications contained
herein. This bid is issued by the Pittsylvania County Purchasing Department on behalf of the
Pittsylvania County Board of Supervisors, herein referred to as “County”.
2. COMPETITION INTENDED
It is the County's intent that this Invitation for Bid (IFB) permits open competition. It shall be the
bidder's responsibility to advise the Procurement Manager in writing if any language, requirement,
specification, etc., or any combination thereof, inadvertently restricts or limits the requirements
stated in this IFB to a single source. Such notification must be received by the Procurement
Manager no later than five (5) days prior to the date set for bids to be received.
3. CONTRACT TERM
The contract term shall be for a period of six (6) months fixed price bid on supplying food and
supplies to the jail. The delivery of items and bid effective date to start is January 1, 2025 until June
30, 2025. After July 1, 2025, the awarded vendor shall be allowed to adjust fixed pricing if needed
for the next 6 months with prior approval from the Procurement Manager. In addition, the County
reserves the right to negotiate and extend this contract with awarded vendor, if determined in
advance that it is beneficial to the County Jail, for an additional 4 years-(six (6) month renewals)
ending on December 31, 2030.
4. DELIVERY
• Delivery schedules shall be arranged at mutually agreeable times. If a need arises for an
additional delivery, the Contractor must be willing to provide the additional delivery at a
mutually agreeable time.
• Deliver days: Monday- Friday from 8:00a.m. to 3:00p.m.
• The attachment list indicates items that are frequently used and the estimated
quantity that will be ordered for the next 6 months. Other items that the jail system
uses will be left up to the Jail administration and Jail cooks to determine/decide what
to procure at that time. The attached list of items has been pre-approved by our Jail
cooks and management. Any substitutions of items shall be equal or better to that of
the items listed on the attached list. Due to the regulations from the State of VA on
food for inmates and the knowledge/experts from our Jail Cooks, the approved equal
will be determined by the Jail Cooks.
• If at any time the awarded vendor does not supply products that are requested within
a pre-determined time by the Jail Cooks, then the issue of warnings will begin.
Issuance of a warning will be followed by a letter and could result in cancellation of
contract with vendor on this current contract and future potential bided contracts.
Therefore, a continuation of out of stock items is unacceptable and will be looked
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at as a breach of contract. Furthermore, the county reserves the right to cancel such
contracts at any time within the contract period indicated, and justification will be
so stated in a written form that shall stand final and conclusive. Such notice shall be
given to awarded vendor seven (7) calendar days prior to cancellation
5. METHOD OF ORDERING
The Contractor shall work with the Jail to determine ordering methods including, but not
limited to, specific times for ordering such as day of week, time of day, and time last order
or orders will be accepted for the next scheduled delivery. How orders are submitted (i.e.
electronically, faxed, or phoned in)cut off time for calling in add-ons and deletion to orders.
6. JAIL SECURITY REQUIREMENTS
The Contractor shall ensure that all personnel connected with the work comply with the rules and
regulations of the Jail. The Contractor shall maintain proper security and control over personnel at all times.
The Contractor’s personnel shall be subject to security checks and associated delays. Rules and regulations
will be made known to the Contractor and their representatives by Jail at the point of entrance to the Jail.
Anyone bringing any inmate any item such as weapons, tools, food, drink, clothing, cigarettes, matches,
correspondence, printed or electronic media or assisting inmates to escape, is in violation of State Law and
will be prosecuted. No weapon, alcohol, drugs or medication of any type shall be allowed on the Jail’s
property. The Contractor shall provide employees servicing the Jail a Contractor issued identification with
photograph that is acceptable to the Jail. No persons will be permitted to enter the Jail without a valid I.D.
The Contractor and their representatives are limited to movement to and from and within the immediate
area of delivery. The Jail reserves the right to refuse entrance to anyone who appears, in the Jail’s sole
judgment, to be und
***NOTE***
Award shall be on the estimated TOTAL of 6 months for purchases of food and food supplies.
For basis of award, the following formula will be used to determine the lowest responsive,
responsible bidder on all items listed in the attached spreadsheet:
Price per item multiplied by quantity multiplied x by 6 (months) = _______________
Bid Excel Spreadsheet
*** DO NOT DELETE ANY ITEMS OR RELOCATE ITEMS FROM SPREADSHEET. IF
YOU DON’T OFFER THE ITEM, SKIP TO THE NEXT ITEM. THE SPREADSHEET MUST
NOT BE CHANGED.
The spreadsheet is set up to multiply, all you will need to do is key in the price for each item and
hit enter. The multiplied cost will appear. Any changes to the spreadsheet shall be a
disqualification of the bid.
*** One (1) electronic (flash drive) version of the excel price sheet shall be included with the bid.
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Items that need to be returned with bid:
Page 2- IFB
Insurance Certification
Bid Excel Spreadsheet– one hard copy and one electronic version
Statement Disclaimer/ Contractors Eligibility- Page 13
SPECIAL TERMS AND CONDITIONS
NOTICE OF AWARD: Notice of Award will be posted on the Pittsylvania County website
contingent on the approval by the Board of Supervisors on December 17, 2024. Contract to begin
January 1, 2025.
AWARD: An award will be made to the lowest responsive and responsible Bidder. Evaluation
will be based on net prices. Unit prices, extensions and grand total must be shown. In case of
arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it
must be clearly shown in the space provided. Discounts for prompt payment will not be
considered in making awards. The County reserves the right to reject any and all bids in whole or
in part, to waive any informality, and to delete items prior to making an award. The County
reserves the right to contract with firms not party to this contract for similar goods/services if it
determines this is to be in its best interest.
____________% Discount Net ______________ days
CANCELLATION OF CONTRACT: The County reserves the right to cancel and terminate any
resulting contract, in part or in whole, without penalty, upon sixty (60) days written notice to the
contractor. In the event the initial contract period is for more than twelve (12) months, the resulting
contract may be terminated by either party, without penalty, after the initial twelve (12) months of
the contract period upon sixty (60) days written notice to the other party. Any contract cancellation
notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding
orders issued prior to the effective date of cancellation.
BID ACCETPANCE PERIOD: Any bid in response to this solicitation shall be valid for sixty
(60) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If
the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation
is canceled.
CERTIFICATION OF MEAT PRODUCTS: By your signature on this solicitation, you hereby
certify and warrant that all products offered for delivery meet or exceed the requirements of the
Federal Institutional Meat Purchase Specifications (IMPS), Virginia Department of Agriculture
Regulations, Federal Food, Drug and Cosmetic Act, and the Federal Wholesome Meat Act. All
products awarded and delivered against this solicitation shall be subject to inspection at destination
for specification compliance.
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INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the County,
its officers, agents, and employees from any claims, damages and actions of any kind or nature,
whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment
of any kind or nature furnished by the contractor/any services of any kind or nature furnished by
the contractor, provided that such liability is not attributable to the sole negligence of the using
agency or to failure of the using agency to use the materials, goods, or equipment in the manner
already and permanently described by the contractor on the materials, goods or equipment
delivered.
COOPERATIVE CONTRACTING: This procurement is being conducted by County of
Pittsylvania in accordance with the provisions of Virginia Code § 2.2-4304. Except for contracts
for architectural and engineering services, if agreed to by the contractor, other public bodies may
utilize this contract. The Contractor shall deal directly with any public body it authorizes to use
the contract. Pittsylvania County, its officials and staff are not responsible for placement of orders,
invoicing, payments, contractual disputes, or any other transactions between the Contractor and
any other public bodies, and in no event shall the County, its officials or staff be responsible for
any costs, damages or injury resulting to any party from use of an Pittsylvania County contract.
The Pittsylvania County assumes no responsibility for any notification of the availability of the
contract for use by other public bodies, but the Contractor may conduct such notification.
ADDITIONS: The County reserves the right to add similar items/services or delete items/services
specified in the resultant contract as requirements change during the period of the contract. The
County and the contractor will mutually agree to prices for items/services to be added to the
contract. Contract amendments/modifications will be issued for all additions or deletions at
renewal time each year.
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7
PITTSYLVANIA COUNTY
GENERAL TERMS AND CONDITIONS
(not all will be applicable)
Any Special terms and conditions will supersede the below terms and conditions
A. VENDORS MANUAL 8
B. APPLICABLE LAWS AND COURTS 8
C. ANTI-DISCRIMINATION 8
D. ETHICS IN PUBLIC CONTRACTING 9
E. IMMIGRATION REFORM AND CONTROL ACT OF 1986 9
F. DEBARMENT STATUS 9
G. ANTITRUST 9
H. CLARIFICATION OF TERMS 10
I. PAYMENT 10
J. PRECEDENCE OF TERMS 11
K. QUALIFICATIONS OF BIDDERS OR OFFERORS 11
L. TESTING AND INSPECTION 11
M. ASSIGNMENT OF CONTRACT 11
N. CHANGES TO THE CONTRACT 11
O. DEFAULT 12
P. TAXES 12
Q. USE OF BRAND NAMES 12
R. TRANSPORTATION AND PACKAGING 12
S. INSURANCE 12
T. DRUG-FREE WORKPLACE 13
U. NONDISCRIMINATION OF CONTRACTORS 14
V. AVAILABILITY OF FUNDS 14
W. SMALL, WOMEN-, MINIORTY and SERVICE DISABLED VETERAN-OWNED 14
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A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of
Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into
this contract in their entirety.
B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be
governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of
law provisions, and any litigation with respect thereto shall be brought in the circuit court of
Pittsylvania County. The county and the contractor are encouraged to resolve any issues in controversy
arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution
(ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the
Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules
and regulations.
C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the
County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended,
as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the
Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia
Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization
shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the
contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious
practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin
and shall be subject to the same rules as other organizations that contract with public bodies to account
for the use of the funds provided; however, if the faith-based organization segregates public funds into
separate accounts, only the accounts and programs funded with public funds shall be subject to audit
by the public body. (Code of Virginia, § 2.2-4343.1E).
In every contract over $10,000 the provisions in 1. and 2. below apply:
1. During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, sexual orientation, gender identity, national origin, age,
disability, or any other basis prohibited by state law relating to discrimination in
employment, except where there is a bona fide occupational qualification reasonably
necessary to the normal operation of the contractor. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, will state that such contractor is an equal opportunity employer.
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
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d. The requirements of these provisions 1. and 2. are a material part of the contract. If the
Contractor violates one of these provisions, the Commonwealth may terminate the affected
part of this contract for breach, or at its option, the whole contract. Violation of one of these
provisions may also result in debarment from State contracting regardless of whether the
specific contract is terminated.
e. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the
contractor, in its employment practices, subcontracting practices, and delivery of goods or
services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender
identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this
contract.
2. The contractor will include the provisions of 1. above in every subcontract or purchase order over
$10,000, so that the provisions will be binding upon each subcontractor or vendor.
D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors)
certify that their (bids/proposals) are made without collusion or fraud and that they have not offered
or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or
subcontractor in connection with their (bid/proposal), and that they have not conferred on any public
employee having official responsibility for this procurement transaction any payment, loan,
subscription, advance, deposit of money, services or anything of more than nominal value, present or
promised, unless consideration of substantially equal or greater value was exchanged.
E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over
$10,000:
By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that
the Contractor does not, and shall not during the performance of the contract for goods and services in
Pittsylvania County , knowingly employ an unauthorized alien as defined in the federal Immigration
Reform and Control Act of 1986.
F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not
currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods
and/or services covered by this solicitation. Vendor further certifies that they are not debarred from
filling any order or accepting any resulting order, or that they are an agent of any person or entity that
is currently debarred by the Commonwealth of Virginia.
If a vendor is created or used for the purpose of circumventing a debarment decision against another
vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.
G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to
Pittsylvania County all rights, title and interest in and to all causes of action it may now have or
hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia,
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relating to the particular goods or services purchased or acquired by Pittsylvania County under said
contract.
H. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the
specifications or other solicitation documents, the prospective (bidder/offeror) should contact the
buyer whose name appears on the face of the solicitation no later than five working days before the
due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.
I. PAYMENT:
1. To Prime Contractor:
a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor
directly to the : Pittsylvania County Finance: PO Box 426, Chatham, VA 24531.
b. Any payment terms requiring payment in less than 30 days will be regarded as requiring
payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers
of discounts for payment in less than 30 days, however.
c. All goods or services provided under this contract or purchase order, that are to be paid for
with public funds, shall be billed by the contractor at the contract price, regardless of which
public agency is being billed.
d. The County prefers to use credit card for payment. No processing fee will be allowed for
charges.
2. To Subcontractors:
a. Within seven (7) days of the contractor’s receipt of payment from the County, a contractor
awarded a contract under this solicitation is hereby obligated:
(1) To pay the subcontractor(s) for the proportionate share of the payment received for
work performed by the subcontractor(s) under the contract; or
(2) To notify the county and the subcontractor(s), in writing, of the contractor’s intention
to withhold payment and the reason.
b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per
month (unless otherwise provided under the terms of the contract) on all amounts owed by
the contractor that remain unpaid seven (7) days following receipt of payment from the
County except for amounts withheld as stated in (2) above. The date of mailing of any
payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to
each sub-tier contractor performing under the primary contract. A contractor’s obligation to
pay an interest charge to a subcontractor may not be construed to be an obligation of the
County.
3. The Pittsylvania County encourages contractors and subcontractors to accept credit card
payments.
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J. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL,
APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC
CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT
STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND
CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event
there is a conflict between any of the other General Terms and Conditions and any Special Terms and
Conditions in this solicitation, the Special Terms and Conditions shall apply.
K. QUALIFICATIONS OF (BIDDERS/OFFERORS): Pittsylvania County may make such reasonable
investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to
perform the services/furnish the goods and the (bidder/offeror) shall furnish to the County all such
information and data for this purpose as may be requested. The County reserves the right to inspect
(bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the
(bidder’s/offeror’s) capabilities. The County further reserves the right to reject any (bid/proposal) if
the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the County that
such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide
the services and/or furnish the goods contemplated therein.
L. TESTING AND INSPECTION: Pittsylvania County reserves the right to conduct any
test/inspection it may deem advisable to assure goods and services conform to the specifications.
M. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or
in part without the written consent of Pittsylvania County.
N. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following
ways:
1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any
additional goods or services to be provided shall be of a sort that is ancillary to the contract goods
or services, or within the same broad product or service categories as were included in the contract
award. Any increase or decrease in the price of the contract resulting from such modification
shall be agreed to by the parties as a part of their written agreement to modify the scope of the
contract.
2. The Purchasing Department may order changes within the general scope of the contract at any
time by written notice to the contractor. Changes within the scope of the contract include, but are
not limited to, things such as services to be performed, the method of packing or shipment, and
the place of delivery or installation. The contractor shall comply with the notice upon receipt,
unless the contractor intends to claim an adjustment to compensation, schedule, or other
contractual impact that would be caused by complying with such notice, in which case the
contractor shall, in writing, promptly notify the Purchasing Department of the adjustment to be
sought, and before proceeding to comply with the notice, shall await the Purchasing Manager’s
written decision affirming, modifying, or revoking the prior written notice. If the Purchasing
Department decides to issue a notice that requires an adjustment to compensation, the contractor
shall be compensated for any additional costs incurred as the result of such order and shall give
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the Purchasing Department a credit for any savings. Said compensation shall be determined by
one of the following methods:
Any additions or changes to the contact shall be mutually agreed upon between the parties
in writing and approved by the Purchasing Manger before the changes take affect.
O. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and
conditions, the County, after due oral or written notice, may terminate this contract and procure all
goods and/or services contracted for, from other sources and hold the contractor responsible for any
resulting additional purchase and administrative costs. This remedy shall be in addition to any other
remedies which the County may have.
P. TAXES: Sales to Pittsylvania County are normally exempt from State sales tax. State sales and use
tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract
shall usually be free of Federal excise and transportation taxes. The County’s excise tax exemption
registration number is 54-6001508.
If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the
payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and
prohibits the contractor from offering a tax-included price.
Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain
brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or
manufacturer named, but conveys the general style, type, character, and quality of the article desired.
Any article which the public body, in its sole discretion, determines to be the equivalent of that
specified, considering quality, workmanship, economy of operation, and suitability for the purpose
intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the
product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail
to enable the Commonwealth to determine if the product offered meets the requirements of the
solicitation. This is required even if offering the exact brand, make or manufacturer specified.
Normally in competitive sealed bidding only the information furnished with the bid will be considered
in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a
bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product
offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product
referenced in the solicitation.
R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all
(bidders/offerors) certify and warrant that the price offered for FOB destination includes only the
actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to
be shipped. Except as otherwise specified herein, standard commercial packaging, packing and
shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the
outside with purchase order number, commodity description, and quantity.
S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or
offeror certifies that if awarded the contract, it will have the following insurance coverage at the time
the contract is awarded. For construction contracts, if any subcontractors are involved, the
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subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-
800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any
subcontractors will maintain these insurance coverages during the entire term of the contract and that
all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia
State Corporation Commission.
MINIMUM INSURANCE COVERAGES AND LIMITS:
1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for
employers of three or more employees, to include the employer. Contractors who fail to notify
the Commonwealth of increases in the number of employees that change their workers’
compensation requirements under the Code of Virginia during the course of the contract shall be
in noncompliance with the contract.
2. Employer’s Liability - $100,000.
3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.
Commercial General Liability is to include bodily injury and property damage, personal injury
and advertising injury, products and completed operations coverage. The Commonwealth of
Virginia shall be added as an additional insured to the policy by an endorsement.
Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not
owned by the Commonwealth is to be used in the contract. Contractor must assure that the
required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)
T.
U. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:
During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for
the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for
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employment, a statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's
workplace and specifying the actions that will be taken against employees for violations of such
prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the
contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the
foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will
be binding upon each subcontractor or vendor.
For the purposes of this section, “drug-free workplace” means a site for the performance of work done
in connection with a specific contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any
controlled substance or marijuana during the performance of the contract.
V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be
discriminated against in the solicitation or award of this contract because of race, religion, color, sex,
sexual orientation, gender identity, national origin, age, disability, faith-based organizational status,
any other basis prohibited by state law relating to discrimination in employment or because the bidder
or offeror employs ex-offenders unless the state agency, department or institution has made a written
determination that employing ex-offenders on the specific contract is not in its best interest. If the
award of this contract is made to a faith-based organization and an individual, who applies for or
receives goods, services, or disbursements provided pursuant to this contract objects to the religious
character of the faith-based organization from which the individual receives or would receive the
goods, services, or disbursements, the public body shall offer the individual, within a reasonable period
of time after the date of his objection, access to equivalent goods, services, or disbursements from an
alternative provider.
W. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency
shall be bound hereunder only to the extent that the Board of Supervisors has appropriated funds that
are legally available or may hereafter become legally available for the purpose of this agreement.
X. Small, Women-, Minority and Service Disabled Veteran-Owned Business Participation.
The Purchasing Department will try to facilitate the participation of small, women-, minority-, and service
disabled veteran-owned businesses in the procurement transactions of the County. The County grants no
preferences or set-asides to such businesses. The Purchasing Department shall assist any such business in
understanding bids or proposals.
A. Discrimination Prohibited.
In the solicitation of awarding of contracts, The County shall not discriminate against any bidder or offeror
because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran,
or other basis prohibited by state or federal law relating to discrimination in employment. Pittsylvania
County shall not discriminate against any faith-based organizations.
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STATEMENT OF DISCLAIMER
RE: ______________________________ (BID OR RFP #)
This is to certify that no employee, official, or elected officer of the County of Pittsylvania
has a proprietary interest in the company, corporation, partnership, or other organization,
furnishing the goods and/or services, or stands to benefit personally from the furnishing of such
goods or services as referenced above.
FIRM: _________________________
BY: _________________________
TITLE: ________________________
CONTRACTOR ELIGIBILITY CERTIFICATION
This is to certify that this person/firm/corporation has not been barred from
bidding on contracts by any agency of the Commonwealth of Virginia, nor is this
person/firm/corporation a part of any firm/corporation that has been barred from bidding
on contracts by any agency of the Commonwealth of Virginia.
______________________________
Name of Official
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______________________________
Title
______________________________
Firm or Corporation
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7.i.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Christmas Day and New Year's Day 2024 Solid Waste Plan
Staff Contact(s): Chris Adcock
Agenda Date: December 17, 2024 Item Number: 7.i.
Attachment(s): None
Reviewed By:
SUMMARY:
In accordance with the Board of Supervisors' previous approval, all County
convenience centers will be closed to the public on December 25, 2024. Chris
Adcock, County Public Works Director, recommends that January 1, 2025, be
designated as a holiday for all Solid Waste Staff to allow them to spend time
with their families on New Year's Day. While convenience centers will be
accessible to the public on January 1, waste collection services will not be
available. Please note that all convenience centers will continue to be
monitored 24-7 by security cameras, and any instances of illegal or
unauthorized disposal will be thoroughly investigated, potentially leading to
violations and citations.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board designate January 1, 2025, as a holiday for
all Solid Waste Staff to allow them to spend time with their families on New Year's
Day.
MOTION:
"I make a Motion to designate January 1, 2025, as a holiday for all Solid Waste
Staff to allow them to spend time with their families on New Year's Day."
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7.j.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Certificate of Recognition (101st Birthday; Patsy C.
Carter)
Staff Contact(s): William Ingram
Agenda Date: December 17, 2024 Item Number: 7.j.
Attachment(s): 1. 12-17-2024 Patsy C. Carter - 101st Birthday
2. Certificate of Recognition - Patsy C. Carter -
101 Years
Reviewed By:
SUMMARY:
Patsy C. Carter ("Carter"), a Tunstall District resident, turned one-hundred-one
(101) years old on November 26, 2024. For the Board's review and
consideration, attached is a Certificate of Recognition ("COR")
commemorating this remarkable achievement.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve issuing the attached COR to
Carter.
MOTION:
"I make a Motion approving the issuance of the attached COR to Carter."
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BOARD OF SUPERVISORS
P.O. Box 426 • 1 Center Street
Chatham, Virginia 24531
Phone (434) 432-1987
_______________________________________________________________________________________________________
BUSINESS SAVVY. PEOPLE FRIENDLY.
December 17, 2024
Patsy C. Carter
3137 W Sunrise Drive
Dry Fork, VA 24549
Dear Ms. Carter,
Happy 101st Birthday! On behalf of the Pittsylvania County Board of Supervisors I
would like to express my sincerest wishes on this memorable occasion.
What a pleasure it is to share this important occasion with you. You have
experienced 101 years amongst family and friends and witnessed many events and
milestones. As you reflect on your cherished memories, I hope that your heart will be filled
with happiness.
Congratulations on your special birthday, and may you enjoy many more happy
years to come.
Sincerely yours,
___________________________
Darrell W. Dalton, Chairman
Callands-Gretna District
Pittsylvania County Board of Supervisors
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C e r t i f i c a t e o f R e c o g n i t i o n
Patsy C. Carter
Darrell W. Dalton
Chairman
The Pittsylvania County Board of Supervisors expresses its sincere congratulations to Ms. Patsy C.
Carter as she recently celebrated her 101st Birthday. Born on November 26, 1923, on the Pritchett
Farm, Ms. Carter began her educational journey in the Pittsylvania County Schools and completed her
studies in New York, where her lifelong commitment to learning and excellence took root. Her 20+
years as a Precinct Chief Judge exemplify her dedication to democracy, ensuring fair and organized
elections. A devout member of Bethel Way of the Cross Church, Ms. Carter embodies faith, resilience,
and compassion. Her independent lifestyle, passion for gardening, and active community involvement
continue to inspire all who know her. Her sharp mind, strong spirit, and unwavering commitment to
civic service, faith, and community values are a source of inspiration and pride. It is a great pleasure to
send you best wishes and warmest congratulations on this amazing milestone, and we hope that your
day was filled with everlasting joy and pleasure.
Happy 101st Birthday!
Given this 17th day of December, 2024
William “Vic” Ingram
Tunstall District Supervisor
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7.k.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Certificate of Excellence Approval (Tunstall Volleyball)
Staff Contact(s): William Ingram
Agenda Date: December 17, 2024 Item Number: 7.k.
Attachment(s): 1. Certificate of Excellence - 2024 Tunstall
Volleyball
Reviewed By:
SUMMARY:
The Tunstall High Volleyball ("Lady Trojans") team had a wonderful 2024 season
characterized by remarkable achievements and unwavering dedication. With
an impressive overall record of 21-3 and an undefeated district record of 12-0
during the regular season, extending to 14-0 with tournament games, the team
demonstrated exceptional skill and teamwork. Tunstall proudly claimed the titles
of Piedmont District Regular Season Champions and Piedmont District
Tournament Champions, advancing to the Region 3D Quarterfinals with a
victory against Abingdon and making a strong appearance in the Region 3D
Semifinals. The Board, via the attached Certificate of Excellence ("COE"),
expresses its deepest congratulations and admiration to the Lady Trojans for
these amazing accomplishments.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the attached COE honoring the
Lady Trojans.
MOTION:
"I make a Motion approving the attached COE honoring the Lady Trojans."
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C e r t i f i c a t e o f E x c e l l e n c e
Tunstall High School Volleyball
Darrell W. Dalton
Chairman
The Tunstall High Volleyball team had a wonderful 2024 season characterized by remarkable
achievements and unwavering dedication. With an impressive overall record of 21-3 and an
undefeated district record of 12-0 during the regular season, extending to 14-0 with tournament
games, the team demonstrated exceptional skill and teamwork. Tunstall proudly claimed the titles
of Piedmont District Regular Season Champions and Piedmont District Tournament Champions,
advancing to the Region 3D Quarterfinals with a victory against Abingdon and making a strong
appearance in the Region 3D Semifinals. Your outstanding accomplishments this season have
brought immense pride to Tunstall High School and the community, showcasing the power of hard
work, determination, and teamwork. The Pittsylvania County Board of Supervisors expresses its
deepest congratulations and admiration to the Tunstall Lady Trojans Volleyball Team for these
accomplishments and wish you all the best in your future endeavors.
Given this 17th day of December, 2024
William "Vic" Ingram
Tunstall District
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8.a.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Information Only
Agenda Title: 2024 VACo Achievement Award
Presentation (Pittsylvania County Event Planning
Committee; Downtown Chow-Down)
Staff Contact(s): Kaylyn McCluster
Agenda Date: December 17, 2024 Item Number: 8.a.
Attachment(s): 1. VACo Achievement Award - Downtown
Chow-Down
Reviewed By:
Jeremy R. Bennett, Director of Intergovernmental Affairs for the Virginia
Association of Counties, will present an award to the Event Planning Committee
in recognition of being a recipient of the VACo 2024 Achievement Award for
their Downtown Chow-Down event.
What began as an employee appreciation event last year has now blossomed
into a popular public event within the local community. The Event Planning
Committee members, who are dedicated County employees, not only fulfill
their primary job duties but also go above and beyond by putting in extra hours
to ensure this event's success. The current members of the Event Planning
Committee are Kaylyn McCluster (Clerk to the Board of Supervisors), Hollye
Keesee (Senior Administrative Assistant), Kelsie Myers (Parks & Recreation
Program Coordinator), Malorie Taylor (Accounting Specialist/Purchasing), and
Holly Stanfield (Human Resources Director). Details about the Downtown Chow-
Down and award are attached for your review.
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Dear VACo Member:
Congratulations!
I am pleased to announce that your project has been selected as one of 45 winners in the
VACo 2024 Achievement Awards Program. VACo received a record 145 entries for the
competitive statewide contest. A press release will be sent Thursday, August 29, to VACo
membership and the media recognizing your success. We ask that you wait until
after the August 29 announcement before sharing. Please review the press release
and let us know if you have any changes.
Press Release
Winning Achievement Award Submissions
Winning Program Descriptions
2024 Achievement Awards Entries (Password: Achievement95)
This year’s judges were Charles Hartgrove, ICMA-CM, Managing Director of the
Virginia Institute of Government; Dr. Sheryl Bailey, Visiting Professor of Practice at
Virginia Tech, and former Chesterfield County Deputy County Administrator;
and Canova Peterson, former Hanover County Supervisor.
The competition was fierce as around 31 percent of entries received an award.
Smyth County and its Smyth Grow program won this year’s Best Achievement
Award. VACo and the judges want to express special congratulations to members of
the Smyth County Board of Supervisors, Chair Charles E. Atkins, Smyth
County Administrator Shawn Utt, and all county staff connected with this amazing
program.
The judges also selected recipients for Best Small County Achievement Award (50,000 or
less population) and Best Large County Achievement Award. Floyd County and
its Floyd County Scattered Site Housing Rehab program captured the Best Small
County Achievement Award while Montgomery County and its Sensory
Museum program earned the Best Large County Achievement Award.
For all winners, VACo would like to send a representative to present the award plaque in-
person at one of your future Board of Supervisors meetings. Please contact your
Board as soon as possible and respond to Gage Harter (gharter@vaco.org)
with in-person dates for September, October, November, and December.
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A website has been created with all the 2024 entries posted. The website is currently
password protected (Password: Achievement95). Please do not share the link with
anyone outside your county until after the August 29 announcement.
Again, congratulations on your outstanding work! VACo hopes to celebrate your
accomplishment in-person at a future Board of Supervisors meeting.
Best Regards,
Gage Harter
Gage Harter
Director of Communications
Virginia Association of Counties
804.343.2502 | www.vaco.org
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1
2024 VACo Achievement Awards Winners
BEST ACHIEVEMENT AWARD
SMYTH COUNTY
Smyth Grow | Read Submission
BEST SMALL COUNTY ACHIEVEMENT (50,000 or less)
FLOYD COUNTY
Floyd County Scattered Site Housing Rehab | Read Submission
BEST LARGE COUNTY ACHIEVEMENT
MONTGOMERY COUNTY
Sensory Museum | Read Submission
ACHIEVEMENT AWARDS WINNERS
ALBEMARLE COUNTY
Human Services Alternative Response Team (HART) Program | Read
Submission
AMHERST COUNTY
Amherst County Burn Building | Read Submission
ARLINGTON COUNTY
Regional Fair Housing Plan | Read Submission
ARLINGTON COUNTY
Vision Zero Program | Read Submission
BOTETOURT COUNTY
Setting the Record Straight – BOCO Facts 4 U | Read Submission
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CHESTERFIELD COUNTY
Enhancing Access to Citizens | Read Submission
CHESTERFIELD COUNTY
I Never Thought It Would Be Me | Read Submission
CHESTERFIELD COUNTY
Secondary Traumatic Stress Breakthrough Series | Read Submission
CHESTERFIELD COUNTY
Student Equity with College Access Tools | Read Submission
CHESTERFIELD COUNTY
Workplace Violence Prevention and Intervention Program | Read Submission
DINWIDDIE COUNTY
Spring Sports Facility Project | Read Submission
FRANKLIN COUNTY
Off-Grid Solar Backup Radio Site | Read Submission
GLOUCESTER COUNTY
Modernizing the Beehive | Read Submission
HANOVER COUNTY
DASH Specialized Transportation | Read Submission
HANOVER COUNTY
Hiring in Hanover, VA App | Read Submission
HENRICO COUNTY
Becoming Kings | Read Submission
HENRICO COUNTY
Generative AI Initiative: Preparing for a New Digital Age | Read Submission
HENRICO COUNTY
Hyper Local Student Led Service Learning | Read Submission
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HENRICO COUNTY
Teen Summit RVA | Read Submission
ISLE OF WIGHT COUNTY
R.I.S.E. Program | Read Submission
KING AND QUEEN COUNTY
Countywide Broadband Access | Read Submission
LANCASTER COUNTY
Lancaster 2035 | Read Submission
LOUDOUN COUNTY
Launch Loudoun | Read Submission
LOUISA COUNTY
Louisa Unified, Collaborative Community Communications | Read Submission
ORANGE COUNTY
Facility Maintenance Staff Education | Read Submission
ORANGE COUNTY
Plastic Film Recycling | Read Submission
PITTSYLVANIA COUNTY
Downtown Chow-Down | Read Submission
POWHATAN COUNTY
Powhatan County Public Schools Locally Developed Geography Curriculum &
Local History Unit | Read Submission
PRINCE EDWARD COUNTY
See Us S.M.I.L.E. | Read Submission
PRINCE GEORGE COUNTY
Capitol Region Military Alliance | Read Submission
PRINCE WILLIAM COUNTY
Firefighter Cadet Program | Read Submission
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PRINCE WILLIAM COUNTY
Historic Thoroughfare | Read Submission
PULASKI COUNTY
Outdoor Fitness Court | Read Submission
ROANOKE COUNTY
Town of Vinton Stormwater Outfall Management Application | Read Submission
ROCKINGHAM COUNTY
Development Tracker | Read Submission
SCOTT COUNTY
S.C.O.T.T. Service Program | Read Submission
SHENANDOAH COUNTY
Parks & Recreation Wellness Activity Center (WAC)| Read Submission
SMYTH COUNTY
Smyth Promise | Read Submission
STAFFORD COUNTY
R-Board Compost Outreach Program | Read Submission
STAFFORD COUNTY
The Utilities Department Develops a Superhero “Captain Clog” to Educate the
Public | Read Submission
SUSSEX COUNTY
Jackson’s Walking Trail and Dog Play Area | Read Submission
YORK COUNTY
Friendly Visitor Volunteer Program Aids Aging Population | Read Submission
145 Submissions
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PITTSYLVANIA COUNTY | Downtown Chow-Down
We had to come up with a catchy name for this event since it had expanded beyond
our employees. We brainstormed many different names but when someone said
Downtown Chow-Down, we knew that was it! And it has been one of the best events
that the County has facilitated, and one that we will continue during our summer
months due to popular demand. It’s not just about the food, even though food does
bring people together. It’s the opportunities that are borne out of this event that have
lasting impacts; relationship building, collaboration between departments, citizens,
and businesses, fostering good will with our citizens and giving them a chance to
participate side by side with our staff so they can get to know us a little better and
may even call us by name when they see us again! The fun, the fellowship, getting
to spend time together over some good food during lunch, putting our phones away
and having a conversation with each other, creating memories and taking
photos….it’s all part of Downtown Chow-Down!
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VACO ACHIEVEMENT AWARD
EXECUTIVE SUMMARY
OPPORTUNITY: COMMUNITY ENGAGEMENT
• Introduction: County Staff wanted to create opportunities to improve and
increase community engagement with local government, in an innovative,
fun, and interactive way that fosters relationship building and
communication between County employees and Citizens.
• Methodology: County staff leveraged our Event Planning Committee to
conduct benchmarking with other localities to see what is being done that is
successful and effective.
• Conclusion: The Event Planning Committee proposed a series of monthly
food truck events running from May to September and the results have been
wildly successful! Thus, Downtown Chow-Down was born!
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VACO ACHIEVEMENT AWARD
OPPORTUNITY: COMMUNITY ENGAGEMENT
The Challenge (or Opportunity):
County staff has been challenged with finding ways to improve community
engagement. This has been an area of opportunity that continues to present itself; a
gap that we wanted to try and fill in a non-traditional, creative, and fun way. Our goal
was (and is) to engage our citizens to foster good will and encourage relationship
building. After all, relationships are an essential building block in any strong
foundation.
Our first efforts were focused on what other municipalities are doing in this arena. So,
we did some benchmarking and found (based on our responses) that there wasn’t
anything out of the ordinary happening other than traditional meetings, town halls,
etc. While these meetings are necessary, most would agree that they are not the most
effective way to build relationships and improve engagement. We then put our
creative hats on and brainstormed various ideas, without putting any limitations on
what the ideas were, including the amount of money we could spend. From that list,
we identified what was realistic vs. out of the question! We came up with two (2) really
great ideas and decided on one that would be our initial project. There were several
factors that we had to consider when planning: cost, logistics, the what, who, when,
where and how.
We knew cost would be a major concern as it is for every municipality. The trick was
to identify how to get the most out of what we had to work with. We also had to
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consider logistics, since Pittsylvania County is the largest county in the Commonwealth.
It would be impossible to include every citizen, so we decided to start small. For those
who are not familiar, the County seat is located in Chatham, Virginia. Chatham is a
small, quaint, and what some may call romantic town. Everyone knows everyone. This
would be a huge advantage when planning the event. All other considerations fell
into place once we determined the “what”, or the solution we decided on.
The Solution:
The first ever Downtown Chow-Down event was held in the summer of 2023 in
Pittsylvania County!
The How:
County staff sought the help of our Event Planning Committee (Committee). The
Committee has been responsible for planning and executing some truly great
events for the past few years; most employee centered. When we met in early
2023, we wanted to do something really unique for employee appreciation in June.
We hashed over several ideas, but when someone mentioned a food truck event,
it was a unanimous YES!
Now, planning an event like this takes time, space, collaboration, money, and of
course food trucks. So, we started to rally our resources which included:
Maintenance Staff
• Set-up for tables and chairs
• Identify space and block off for the day of the event
Public Relations Staff
• We needed to market this event to all of our employees and citizens!
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• Coordinate with Town management to let them know important details of
the event.
Finance
Because this was an employee appreciation event, we wanted offer employees
something to bring them to the event (other than the delicious food). So, the
Committee came up with the idea of a Food Voucher that had a dollar value
assigned. This $$ had to be approved by Finance.
Committee Staff
Identify food truck vendors and secure for date of event. This was difficult task
given the County seat is in Chatham and most vendors were wary of travel
expenses vs. turnout. But our solution to this concern was the creation of the Food
Voucher, which essentially carried a guarantee that food would be purchased.
And having such a large number of employees only improved the Vendor’s
chances of sales. The vendors were committed at this point.
Committee members created Vouchers with a dollar value that were to be handed
out on the day of the event. A table was set up at the event where employees
could claim their Voucher. Employees were required to RSVP and Vouchers were
created beforehand for each employee. A committee member wrote the
employee’s name on the Voucher. (This ensured no employee received multiple
vouchers). We also kept blank Vouchers on hand that could be used for
employees that showed up but did not RSVP. (Human Resources provided the
committee with an employee roster to keep track of attendees.)
85
The employee would then use the Voucher for purchase of food. Any food
purchase exceeding the Voucher total would be paid directly by the employee.
Likewise, any food purchase that was less than the value of the voucher would not
be refunded, or change given to the employee.
Collaborate with all of resources to make sure every aspect of the event was being
taken care of.
The When:
It was decided that the first event would be held in June. Because it was so well
attended, and because everyone loved the various food choices from the food
trucks, and because it gave everyone an opportunity to have lunch, relax for an
hour or so, sit down and talk, get introduced to people you don’t know in the
community … and because there were so many positive outcomes from this one
event, we decided to continue monthly through the summer. With a great twist –
invite citizens, families, and businesses to join us! And everyone LOVED it! The
timeframe for the event was 11am – 2pm. This way it allowed the food trucks time
to get in early and get set up, and allowed employees time to come on their lunch
breaks and even stagger lunches if needed so everyone could attend.
The Where:
The County owns a sizeable parking lot adjacent to the County Administration
building. We decided to have the monthly Downtown Chow-Down in the parking
lot where there is plenty of space for the food trucks and the proper electrical hook-
86
ups, room for tables and chairs … it was the perfect spot. And, it’s right on Main
Street in Chatham so citizens, businesses, school kids, could all attend.
The Results:
We had to come up with a catchy name for this event since it had expanded
beyond our employees. We brainstormed many different names but when
someone said Downtown Chow-Down, we knew that was it! And it has been one
of the best events that the County has facilitated, and one that we will continue
during our summer months due to popular demand.
It’s not just about the food, even though food does bring people together. It’s the
opportunities that are borne out of this event that have lasting impacts; relationship
building, collaboration between departments, citizens and businesses, fostering
good will with our citizens and giving them a chance to participate side by side
with our staff so they can get to know us a little better and may even call us by
name when they see us again!
The fun, the fellowship, getting to spend time together over some good food during
lunch, putting our phones away and having a conversation with each other,
creating memories and taking photos … it’s all part of Downtown Chow-Down!
87
8.b.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Information Only
Agenda Title: General Presentations (Board of Supervisors)
Staff Contact(s): Kaylyn McCluster
Agenda Date: December 17, 2024 Item Number: 8.b.
Attachment(s): None
Reviewed By:
The Board will present any Proclamations, Resolutions, and/or Certificates
approved/adopted on the December Consent Agenda or at previous
Meetings.
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10.a.1.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Rezoning Case
Agenda Title: Case R-24-024 Danny Doss; Rezoning from M-1, Industrial
District, Light Industry, to A-1, Agricultural District. On
November 7, 2024, the Planning Commission
recommended by a 7-0 vote, with no opposition, that
the petitioner's request be granted. (Chairman Dalton)
Staff Contact(s): Emily Ragsdale
Agenda Date: December 17, 2024 Item Number: 10.a.1.
Attachment(s): 1. R-24-024 DANNY DOSS-APP
2. R-24-024 DANNY DOSS-MAP
Reviewed By:
SUMMARY:
In Case R-24-024, Danny Doss (“Petitioner”) has petitioned to rezone 30.0 acres,
from M-2, Industrial District, Heavy Industry, to A-1, Agricultural District (to allow
the property to be consolidated with an adjacent parcel zoned A-1). The
subject property is located on State Road 634/Blue Ridge Drive, in the Callands-
Gretna Election District and shown on the Tax Maps as part of GPIN # 2531-47-
0247. Once the property is rezoned to A-1, all uses listed under Pittsylvania
County Code § 35-178 are permitted. On November 7, 2024, the Planning
Commission recommended by a 7-0 vote, with no opposition, that the
Petitioner's request be granted. For the Board’s review, the County Staff
Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-24-024 as submitted. The subject
property is adjacent to properties currently zoned A-1, Agricultural District.
MOTION:
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“In Case R-24-024, I make a Motion approving the rezoning of 30.0 acres from
M-1, Industrial District, Light Industry, to A-1, Agricultural District, to allow the
property to be consolidated with an adjacent parcel zoned A-1.”
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10.a.2.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Rezoning Case
Agenda Title: Case R-24-025 The Washington County MD and the
Franklin County Penna. Home Mission Board, Inc.;
Rezoning from R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District. On November 7, 2024,
the Planning Commission recommended by a 7-0 vote,
with no opposition, that the petitioner's request be
granted. (Chairman Dalton)
Staff Contact(s): Emily Ragsdale
Agenda Date: December 17, 2024 Item Number: 10.a.2.
Attachment(s): 1. R-24-025 THE WASHINGTON -APP
2. R24-025 THE WASHINGTON-MAP
Reviewed By:
SUMMARY:
SUBJECT
Requested by the Washington County MD and the Franklin County Penna.
Home Mission Board, Inc., to rezone property located on State Road 40/East
Gretna Road, in the Callands-Gretna Election District and shown on the Tax
Maps as GPIN # 2550-91-1785. The applicant is requesting to rezone 9.84 acres,
from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to
allow for a cemetery on joint church property.
BACKGROUND/DISCUSSION
The Washington County MD and the Franklin County Penna. Home Mission
Board, Inc.is requesting to rezone 9.84 acres from R-1, Residential Suburban
Subdivision District, to A-1, Agricultural District, so that a cemetery can be
placed on the property. The applicant is requesting to build a community
school, church, and cemetery on the subject property. Currently, the property is
zoned R-1, Residential Suburban Subdivision District. Both schools and churches
are permitted uses in the R-1, Residential Suburban Subdivision District; however,
a cemetery on joint church property is only permitted within the A-1, Agricultural
District, requiring the property to be rezoned to A-1 before a cemetery can be
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placed on the property. The applicant has stated the that cemetery will be for
church members only.
Once the property is rezoned to A-1, all uses listed under Section 35-178 are a
permitted use.
FUTURE LAND USE DESIGNATION
The Comprehensive Plan designates the future land use as Agricultural and
Rural Residential.
ZONING AND CURRENT USE OF SURROUNDING PROPERTIES
Adjacent to A-1, Agricultural District, and R-1, Residential Suburban Subdivision
District, zoned properties.
SITE DEVELOPMENT PLAN
N/A
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Staff recommends APPROVAL of Case R-24-025 submitted by the Washington
County MD and the Franklin County Penna. Home Mission Board, Inc.,
requesting to rezone 9.84 acres, located on State Road 40/East Gretna Road, in
the Callands-Gretna Election District and shown on the Tax Maps as GPIN #
2550-91-1785. The subject property is adjacent to property currently zoned A-1,
Agricultural District and the rezoning would be consistent with the County’s
Comprehensive Plan.
MOTION:
In Case R-24-025, I make a Motion that:
1. the rezoning of 9.84 acres from R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District, so that a cemetery can be placed on
the property be approved.
2. the rezoning requested in Case R-24-025 be denied as submitted.
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105
106
107
108
109
10.a.3.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Rezoning Case
Agenda Title: Case R-24-026 Russell Wells; Rezoning from A-1,
Agricultural District, to R-1, Residential Suburban
Subdivision District. On November 7, 2024, the Planning
Commission recommended by a 7-0 vote, with no
opposition, that the petitioner's request be granted.
(Chairman Dalton)
Staff Contact(s): Emily Ragsdale
Agenda Date: December 17, 2024 Item Number: 10.a.3.
Attachment(s): 1. R24-026 RUSSELL WELLS-APP
2. R24-026 RUSSELL WELLS-MAP
Reviewed By:
SUMMARY:
In Case R-24-026, Russell Wells (“Petitioner”) has petitioned to rezone 0.287
acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision
District (to allow the property to be consolidated with an adjacent parcel
zoned R-1). The subject property is located on State Road 612/Wyatt Farm
Road, in the Callands-Gretna Election District and shown on the Tax Maps as
part of GPIN # 1452-78-4840. Once the property is rezoned to R-1, all uses listed
under Pittsylvania County Code § 35-222 are permitted. On November 7, 2024,
the Planning Commission recommended by a 7-0 vote, with no opposition, that
the Petitioner's request be granted. For the Board’s review, the County Staff
Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None
RECOMMENDATION:
County Staff recommends approval of Case R-24-026 as submitted. The subject
property is adjacent to properties currently zoned R-1, Residential Suburban
Subdivision District.
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MOTION:
“In Case R-24-026, I make a Motion approving the rezoning of 0.287 acres from
A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow
property lines to be adjusted.”
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114
115
116
117
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120
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10.a.4.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Rezoning Case
Agenda Title: Case R-24-027 Ricky and Ellen Childress; Rezoning from R-
1, Residential Suburban Subdivision District, to A-1,
Agricultural District. On November 7, 2024, the Planning
Commission recommended by a 7-0 vote, with no
opposition, that the petitioners' request be granted.
(Supervisor Dudley)
Staff Contact(s): Emily Ragsdale
Agenda Date: December 17, 2024 Item Number: 10.a.4.
Attachment(s): 1. R-24-027 RICKY CHILDRESS - APP
2. R-24-027 RICKY CHILDRESS -MAP
Reviewed By:
SUMMARY:
In Case R-24-027, Ricky and Ellen Childress (“Petitioners”) have petitioned to
rezone 19.0 acres, from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (to allow the property to be used for agricultural
purposes). The subject property is located on State Road 760/Music Street in
the Staunton River Election District and shown on the Tax Maps as GPIN # 2522-
08-4800. Once the property is rezoned to A-1, all uses listed under Pittsylvania
County Code § 35-178 are permitted. On November 7, 2024, the Planning
Commission recommended by a 7-0 vote, with no opposition, that the
Petitioners' request be granted. For the Board’s review, the County Staff
Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-24-027 as submitted. The subject
property is adjacent to properties currently zoned A-1, Agricultural District, and
the rezoning would be consistent with the County's Comprehensive Plan.
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MOTION:
“In Case R-24-027, I make a Motion approving the rezoning of 19.0 acres from R-
1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow
the property to be used for agricultural purposes.”
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127
128
129
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10.a.5.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Rezoning Case
Agenda Title: Case R-24-028 Herman Cook, Jr.; Rezoning from A-1,
Agricultural District, to R-1, Residential Suburban
Subdivision District. On November 7, 2024, the Planning
Commission recommended by a 7-0 vote, with no
opposition, that the petitioner's request be granted.
(Supervisor Whittle)
Staff Contact(s): Emily Ragsdale
Agenda Date: December 17, 2024 Item Number: 10.a.5.
Attachment(s): 1. R-24-028 COOK STAFF SUMMARY
2. R-24-028 HERMAN COOK APP
3. R-24-028 HERMAN COOK JR -MAP
Reviewed By:
SUMMARY:
In Case R-24-028, Herman Cook, Jr. (“Petitioner”) has petitioned to rezone 2.34
acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision
District (to allow the property to be consolidated with an adjacent parcel
zoned R-1). The subject property is located on State Road 1869/Stony Mill Road,
in the Westover Election District and shown on the Tax Maps as GPIN # 1378-29-
2433. Once the property is rezoned to R-1, all uses listed under Pittsylvania
County Code § 35-222 are permitted. On November 7, 2024, the Planning
Commission recommended by a 7-0 vote, with no opposition, that the
Petitioners' request be granted. For the Board’s review, the County Staff
Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
Staff recommends APPROVAL of Case R-24-028 submitted by Herman Cook Jr.,
requesting to rezone 2.34 acres, located on State Road 869/Stony Mill Road, in
the Westover Election District and shown on the Tax Maps as GPIN # 1478-29-
2433. The subject property is adjacent to property currently zoned R-1,
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Residential Suburban Subdivision District, and the rezoning would be consistent
with the County’s Comprehensive Plan.
RECOMMENDATION:
County Staff recommends approval of Case R-24-028 as submitted. The subject
property is adjacent to properties currently zoned R-1, Residential Suburban
Subdivision District, and the rezoning would be consistent with the County's
Comprehensive Plan.
MOTION:
“In Case R-24-023, I make a Motion approving the rezoning of 2.34 acres from A-
1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow
property lines to be adjusted.”
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STAFF SUMMARY
CASE ZONING REQUEST
R-24-028 A-1 to R-1
SUBJECT/PROPOSAL/REQUEST
Herman Cook Jr. is requesting to rezone property
from A-1, Agricultural District, to R-1, Residential
Suburban Subdivision District.
DISTRICT: Westover
CYCLE
November 2024/December 2024
PLANNING COMMISSION: November 7, 2024
BOARD OF SUPERVISORS: December 17,
2024
ADVERTISED: October 16 & 23 & November
13 & 20, 2024
SUBJECT
Requested by Herman Cook, Jr., to rezone property located on State Road 869/Stony Mill Road, in the
Westover Election District and shown on the Tax Maps as GPIN # 1378-29-2433. The applicant is requesting
to rezone 2.34 acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to
allow the property to be consolidated with an adjacent parcel zoned R-1.
BACKGROUND/DISCUSSION
Herman Cook Jr. is requesting to rezone 2.34 acres from A-1, Agricultural District, to R-1, Residential
Suburban Subdivision District, so that property lines may be adjusted. If rezoned, the property will be
consolidated with an adjacent parcel currently zoned R-1, Residential Suburban Subdivision District. All
properties must share the same zoning classification to be consolidated, requiring the subject property to be
rezoned prior to consolidation.
Once the property is rezoned to R-1, all uses listed under Section 35-222 are a permitted use.
FUTURE LAND USE DESIGNATION
The Comprehensive Plan designates the future land use as Medium to High Density Residential.
ZONING AND CURRENT USE OF SURROUNDING PROPERTIES
Adjacent to A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, zoned properties.
SITE DEVELOPMENT PLAN
Included.
RECOMMENDATION
Staff recommends APPROVAL of Case R-24-028 submitted by Herman Cook Jr., requesting to rezone 2.34
acres, located on State Road 869/Stony Mill Road, in the Westover Election District and shown on the Tax
Maps as GPIN # 1478-29-2433. The subject property is adjacent to property currently zoned R-1, Residential
Suburban Subdivision District, and the rezoning would be consistent with the County’s Comprehensive Plan.
PLANNING COMMISSION OPTIONS:
1. Recommend approval of Case R-24-028 as submitted.
2. Recommend denial of Case R-24-028 as submitted.
ATTACHMENTS:
A. Application
134
B. Maps
C. Letter of Intent
D. Executive Summary
E. Petition
F. Sign Affidavit
G. Adjacent Parcel Owners
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10.a.6.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Public Hearing
Agenda Title: Case R-24-029 Angela and Larry Benton; Rezoning from
R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District. On November 7, 2024, the Planning
Commission recommended by a 7-0 vote, with no
opposition, that the petitioners' request be granted.
(Chairman Dalton)
Staff Contact(s): Emily Ragsdale
Agenda Date: December 17, 2024 Item Number: 10.a.6.
Attachment(s): 1. R-24-029 ANGELA BENTON -APP
2. R-24-029 ANGELA BENTON -MAP
Reviewed By:
SUMMARY:
In Case R-24-029, Angela and Larry Benton (“Petitioners”) have petitioned to
rezone 13.764 acres, from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (to allow an accessory structure to be placed on the
property). The subject property is located on State Road 644/Cooksburg Road,
in the Callands-Gretna Election District and shown on the Tax Maps as GPIN #
1479-54-3145. Once the property is rezoned to A-1, all uses listed under
Pittsylvania County Code § 35-178 are permitted. On October 1, 2024, the
Planning Commission recommended by a 6-0 vote, with no opposition, that the
Petitioners' request be granted. For the Board’s review, the County Staff
Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-24-029 as submitted. The subject
property is adjacent to properties currently zoned A-1, Agricultural District, and
the rezoning would be consistent with the County's Comprehensive Plan.
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MOTION:
“In Case R-24-029, I make a Motion approving the rezoning of 13.764 acres from
R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow
an accessory structure to be placed on the property.”
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147
148
149
150
151
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153
10.a.7.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Rezoning Case
Agenda Title: Case R-24-030 Noah and Lori Hostetler; Rezoning from M-
1, Industrial District, Light Industry, to A-1, Agricultural
District. On November 7, 2024, the Planning Commission
recommended by a 7-0 vote, with no opposition, that
the petitioners' request be granted. (Chairman Dalton)
Staff Contact(s): Emily Ragsdale
Agenda Date: December 17, 2024 Item Number: 10.a.7.
Attachment(s): 1. R-24-030 NOAH HOSTETLER -APP
2. R-24-030 NOAH HOSTETLER -MAP
Reviewed By:
SUMMARY:
In Case R-24-030, Noah and Lori Hostetler (“Petitioners”) have petitioned to
rezone twelve (12) parcels, totaling 12.74 acres, from M-1, Industrial District, Light
Industry, to A-1, Agricultural District (to allow the property to be consolidated
with an adjacent parcel zoned A-1). The subject properties are located on
State Road 802/Hodnetts Mill Road, in the Banister Election District and shown on
the Tax Maps as GPIN #s 2416-96-8321, 2426-06-0625, 2416-96-8605, 2416-96-
7765, 2416-96-3869, 2416-96-2884, 2416-96-1890, 2416-86-9699, 2416-86-8694,
2416-86-7599, 2416-86-7514 and 2416-86-6521. Once the property is rezoned to
A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On
November 7, 2024, the Planning Commission recommended by a 7-0 vote, with
no opposition, that the Petitioners' request be granted. For the Board’s review,
the County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-24-030 as submitted. The subject
property is adjacent to properties currently zoned A-1, Agricultural District.
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MOTION:
“In Case R-24-030, I make a Motion approving the rezoning of a total of 12.74
acres from M-1, Industrial District, Light Industry, to A-1, Agricultural District, to
allow property lines to be adjusted.”
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158
159
160
161
162
163
164
10.b.1.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Public Hearing: Pittsylvania County Code Amendments;
(PCC §§ 9-110; 12-21; 17.6 (Motor Vehicles and Traffic;
Offenses; Solid Waste)
Staff Contact(s): Emily Ragsdale
Agenda Date: December 17, 2024 Item Number: 10.b.1.
Attachment(s): 1. 12-17-2024 Public Hearing Notice - PCC 9-110,
12-21, and 17.6
2. Chapter 9 - Motor Vehicles and Traffic -
PROPOSED
3. Chapter 12 - Offenses - PROPOSED
4. Chapter 17 - Solid Waste Disposal - PROPOSED
Reviewed By:
SUMMARY:
At the October 15, 2024 Work Session, staff was instructed to bring proposed
amendments to Pittsylvania County Code ("PCC") §§ 9-110, 12-21, and 17.6
before the Board. This Public Hearing was duly advertised in the Chatham Star
Tribune on November 27, 2024, and December 4, 2024. For the Board's review
and consideration, attached are the proposed PCC revisions.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
Following the conducting of the legally required Public Hearing, County
Community Development and Public Safety Staff recommend the Board
approve the PCC Amendments as presented.
MOTION:
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"I make a Motion approving the attached revisions to PCC §§ 9-110, 12-21, and
17.6 as presented."
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PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m., on Tuesday,
December 17, 2024, at the Board Meeting Room, 39 Bank Street SE, Chatham, Virginia 24531, to
receive citizen input on proposed revisions to Pittsylvania County Code, Chapter 9 Motor Vehicles
and Traffic § 9-110. Parking in Certain Locations; Pittsylvania County Code, Chapter 12. Offenses
§ 12-21 Open Burning; and Pittsylvania County Code, Chapter 17 Solid Waste § 17.6 Disposal of
Solid Waste. A complete copy of the proposed revisions is available at the Pittsylvania County
Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00
a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov.
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PITTSYLVANIA COUNTY CODE
CHAPTER 9
MOTOR VEHICLES AND TRAFFIC
State law reference(s) -- General authority of County to regulate traffic, Code of Virginia,
§ 46.2-1300 et. seq.
Article I.
General Considerations
§ 9-1. Definitions
§ 9-2. Adoption of State Law
§ 9-3. Compliance with Chapter; General Penalty for Violations
§ 9-4. Authority of Sheriff to Move Vehicle Involved in an Accident
§ 9-5. Reserved
§ 9-6. Reserved
§ 9-7. Reserved
§ 9-8. Boarding or Alighting from Moving Vehicles
§ 9-9. Riding on Portion of Vehicle not Intended for Passengers.
§ 9-10. Riding Bicycle Without Using Handlebars
§ 9-11. Riding Bicycles at Night
§ 9-12. Limitations on Backing
§ 9-13. Vehicles Blocking Intersection
§ 9-14. Railroad Cars Obstructing Crossings; Standing Vehicle on Railroad Track
§ 9-15. Reckless Driving on Certain Parking Lots
§ 9-16. Noise from Vehicles
§ 9-17. Escape of Vehicle Loads
§ 9-18. Depositing Hazardous Substances on Highway
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§ 9-19. Washing, Polishing, Greasing Vehicle on Highway or Sidewalk
§ 9-20. Keeping of Inoperative Motor Vehicles
§ 9-21. Removal of Inoperative Vehicles
§ 9-22. Prohibiting Use of Bicycle and Pedestrian Trails by Vehicles Other Than Bicycles
§ 9-23. Reckless Driving
§ 9-24. Fine
§ 9-25. - 9-45. Reserved
Article II.
Vehicle License
§ 9-46. Vehicles Required to be Licensed - Situs; Student Owners; Exemptions
§ 9-47. Assessment of License Fee
§ 9-48. Amount of Fee - Passenger Motor Vehicles; Trucks; Motorcycles;
Transitional Provisions for 2007 License Year Only
§ 9-49. Same – Other Motor Vehicles, Trailers, Semi-Trailers, Etc.;
Transitional Provisions for 2007 License Year Only
§ 9-50. Same – Exemptions and Reductions
§ 9-51. License Fees - Disposition
§ 9-52. Payment of Personal Property Taxes Pre-requisite
§ 9-53. License Year
§ 9-54. Failure to Pay License Fee, Personal Property Tax, Etc.; Penalty
§ 9-55. Unlicensed Motor Vehicle Fee–Purpose; Fee Imposed; Amount; License Year;
Due Date; Transitional Provisions for 2007 License Year
§ 9-56. Same - Exemptions
§ 9-57. Penalty for Violations
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§ 9-58. Partial Invalidity
§ 9-59. - 9-85. Reserved
Article III.
Driving While Under the Influence of Alcohol or
Other Intoxicant or Drug
§ 9-86. Adoption of State Law
§ 9-87. Civil Actions by County and Volunteer Rescue Squad
§ 9-88. - 9-99. Reserved
Article IV.
Parking
§ 9-100. General Prohibitions
§ 9-101. Prohibited Within Travel and Fire Lanes of Certain Parking Lots
§ 9-102. Parking for Commercial Purposes
§ 9-103. Unauthorized Parking in Space Reserved for Handicapped
§ 9-104. Unauthorized Parking on Private Property
§ 9-105. Regulations on County-Owned Property
§ 9-106. Issuance of Parking Citations
§ 9-107. Penalty for Violations of Article; Contest of Parking Citations
§ 9-108. Procedure in Case of Delinquent Parking Citation
§ 9-109. Presumption in Prosecutions for Parking Violations
§ 9-110. Parking in Certain Locations
§ 9-111- 9-119. Reserved
§ 9-120. - 9-150. Reserved Article V. (RESERVED)
§ 9-151. - 9-175. Reserved Article VI. (RESERVED)
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Article VII.
Traffic School
§ 9-176. Pittsylvania County Driver Improvement School
§ 9-177. - 9-200. Reserved
Article VIII.
Video-Monitoring System
§ 9-201. Definition
§ 9-202. Authorization
§ 9-203. Passing Stopped School Buses Violations; Civil Penalty
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CHAPTER 9
MOTOR VEHICLE AND TRAFFIC
Article I.
General Considerations
SEC. 9-1. DEFINITIONS.
Wherever the term "motor vehicle" or "vehicle" is used in this chapter, the same shall be held to
refer to and mean "motor vehicle" as defined in Section 46.2-100 of the Code of Virginia, 1950,
as amended.
SEC. 9-2. ADOPTION OF STATE LAW.
Pursuant to the authority of Section 46.2-1313 of the Code of Virginia, 1950, as amended, all of
the provisions and requirements of the laws of the state contained in title 46.2, Article 9 (Section
16.1- 278 et seq.) of Chapter 11 of Title 16.1, and of Article 2 (Section 18.2-266 et seq.) of
Chapter 7 of Title 18.2 of the Code of Virginia, as in force on July 1, 2002, and as amended in the
future, except those provisions and requirements the violation of which constitutes a felony, and
except those provisions and requirements which by their very nature can have no application to or
within the County, are hereby adopted and incorporated in this chapter by reference and made
applicable within the County. References to "highways of the state" contained in such provisions
and requirements hereby adopted shall be deemed to refer to the streets, highways and other
public ways within the County. Such provisions and requirements are hereby adopted, mutatis
mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall
be unlawful for any person, within the County, to violate and fail, neglect or refuse to comply
with any provisions of title 46.2, Article 9 (Section 16.1-278 et seq.), of Chapter 11 of Title
16.1,or Article 2 (Section18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia
which is adopted by this section; provided, that in no event shall the penalty imposed for the
violation of any provision or requirement hereby adopted exceed the penalty imposed for a
similar offense under Title 46.2, Title 16.1, or Title 18.2
SEC. 9-3. COMPLIANCE WITH CHAPTER; GENERAL PENALTY FOR
VIOLATIONS.
A. It shall be unlawful for any person to refuse, fail or neglect to comply with any of the
provisions of this chapter or any rule or regulations promulgated pursuant thereto.
B. Every person convicted of a violation of any of the provisions of this chapter, except for
violations of sections 9-100 through 9-120, which penalties are set forth in sections 9-108,
and such violation does not constitute a felony, or who is convicted of violating any rule
or regulation promulgated pursuant to this chapter, for which no other penalty is provided
shall, for a first (1st) conviction thereof, be punished by a fine of not less than ten ($10.00)
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dollars nor more than one hundred ($100.00) dollars or by imprisonment in jail for not
less than one (1) nor more than ten (10) days, or by both such fine and imprisonment; for
a second such conviction within one (1) year, such person shall be punished by a fine of
not less than twenty ($20.00) dollars nor more than two hundred ($200.00) dollars or by
imprisonment in jail for not less than one (1) nor more than twenty (20) days, or by both
such fine and imprisonment; for a third (3rd) or subsequent conviction within one (1) year
such person shall be punished by a fine of not less than fifty ($50.00) dollars nor more
than three hundred ($300.00) dollars or by imprisonment in jail for not less than ten (10)
days nor more than thirty (30) days or by both such fine and imprisonment.
State law reference(s) -- State law as to penalties for violation of ordinances generally, Code of
Virginia, Section 15.2-1429; law prohibiting counties from imposing a penalty for violations of a
traffic ordinance in excess of that imposed for a similar offense by the state, Code of Virginia,
Section 46.2-1300; penalty for violation of motor vehicle and traffic regulations generally, Code
of Virginia, Section 46.2-113.
SEC. 9-4. AUTHORITY OF SHERIFF TO MOVE VEHICLE INVOLVED IN
ACCIDENT.
Whenever a motor vehicle, trailer or semi trailer involved in an accident is found upon a highway
in the County and is so located as to impede the orderly flow of traffic, the sheriff may, at no cost
to the owner or operator, remove such motor vehicle, trailer or semi trailer from the highway to
some point in the vicinity where such motor vehicle, trailer or semi trailer will not impede the
flow of traffic.
State law reference(s) -- Authority for above section, Code of Virginia, Section 46.2-1212.
SEC. 9-5. RESERVED
SEC. 9-6. RESERVED
SEC. 9-7. RERSERVED
SEC. 9-8. BOARDING OR ALIGHTING FROM MOVING VEHICLES.
No person shall board or alight from any vehicle while such vehicle is in motion.
SEC. 9-9. RIDING ON PORTION OF VEHICLE NOT INTENDED FOR PASSENGERS.
No person shall ride on any vehicle upon any portion thereof not designed or intended for the use
of passengers. This provision shall not apply to an employee engaged in the necessary discharge
of a duty, or to persons riding within truck bodies in space intended for merchandise, except that
no person under sixteen (16) years of age shall be transported in the rear cargo area of any pickup
truck on any highway in the County, unless that person in the cargo area of a pickup truck that is
being operated as part of an organized parade authorized by the County, or any town in the
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County, or across a highway from one field or parcel of land to another field or parcel of land in
connection with farming operations.
State law reference(s) -- Authority for above section, Code of Virginia, Section 46.2-1156.1.
SEC. 9-10. RIDING BICYCLE WITHOUT USING HANDLEBARS.
No person shall ride a bicycle upon any highway in the County without having his hands upon
the handlebars.
SEC. 9-11. RIDING BICYCLES AT NIGHT.
No person shall ride a bicycle upon any highway in the County after sundown, without wearing
light or reflective clothing, and the bicycle must be equipped with operating headlights and
taillights.
SEC. 9-12. LIMITATIONS ON BACKING.
The operator of a vehicle in the County shall not back such vehicle unless such movement can be
made with safety and without interfering with other traffic.
SEC. 9-13. VEHICLES BLOCKING INTERSECTION.
No operator of a vehicle shall enter an intersection or a marked crosswalk unless there is
sufficient space beyond such intersection or crosswalk in the direction in which such vehicle is
proceeding to accommodate the vehicle without obstructing the passage of other vehicles or
pedestrians, notwithstanding any traffic-control signal indication to proceed.
SEC. 9-14. RAILROAD CARS OBSTRUCTING CROSSINGS; STANDING VEHICLE
ON RAILROAD TRACK.
It shall be unlawful for any Railroad Company, or any receiver or trustee operating a railroad, to
obstruct for a longer period than five (5) minutes the free passage on any highway or road by
standing cars or trains across the same, except a passenger train while receiving or discharging
passengers, but a pass way shall be kept open to allow normal flow of traffic; nor shall it be
lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or
endanger a moving train; provided, that when a train has been uncoupled, so as to make a pass
way, the time necessarily required, not exceeding three (3) minutes, to pump up the air after the
train has been recoupled shall not be included in considering the time such cars or trains were
standing across such highway or road. Any such railroad company, receiver or trustee, or driver
of any such wagon or vehicle, violating any of the provisions of this section shall be fined not
less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars.
State law reference(s) -- Similar provisions, Code of Virginia, Section 56-412.1.
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SEC. 9-15. RECKLESS DRIVING ON CERTAIN PARKING LOTS.
A. For the purpose of this section, a parking lot is defined as any parking lot open to the
public and designed to accommodate fifty (50) or more vehicles, as well as any privately
owned road or street serving as access to the actual parking area and connecting thereto,
provided the road or street is also open to the public.
B. A person shall be guilty of reckless driving and a Class 1 misdemeanor if such person:
1. Operates a motor vehicle upon a parking lot twenty (20) miles per hour or more in
excess of any posted speed limit; or
2. Operates a motor vehicle upon a parking lot recklessly or at a speed or in a manner
so as to endanger the life, limb or property of any person.
State law reference(s) -- Authority for above section, Code of Virginia, Section 46.2-1219;
similar provisions applicable to highways, Sections 46.2-852, 46.2-863, 46.2-881.
SEC. 9-16. NOISE FROM VEHICLES.
REFERENCE CHAPTER 41 PITTSYLVANIA COUNTY CODE: NOISE CONTROL
SEC. 9-17. ESCAPE OF VEHICLE LOADS.
A. No vehicle shall be driven or moved on any highway in the county unless such vehicle is
so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or
otherwise escaping there from; provided, however, that sand or any substance to increase
traction or water or other substance may be applied on a roadway in the cleaning or
maintaining of such roadway by the state or local government agency having such
responsibilities.
B. A violation of this section shall constitute a Class 1 misdemeanor.
Cross reference(s) -- vehicles used by commercial collectors of solid waste shall be constructed
and equipped so as to prevent escape of load, Sections 17-5 and 17-6 Pittsylvania County Code.
State law reference(s) -- Similar provisions, Code of Virginia, Section 10.1-1424.
SEC. 9-18. DEPOSITING HAZARDOUS SUBSTANCES ON HIGHWAY.
A. No person shall throw or deposit or cause to be deposited upon any highway any glass
bottle, glass, nail, tack, wire, can or any other substance likely to injure any person or
animal or damage any vehicle upon such highway, nor shall any person throw or deposit
or cause to be deposited upon any highway soil, sand, mud, gravel or other substances so
as to create a hazard to the traveling public. This subsection shall not apply to the
application of sand, water or other substances to a roadway as authorized by Section 9-17.
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B. Any person who drops, or permits to be dropped or thrown upon a highway any
destructive, hazardous or injurious material and any person operating a vehicle from
which any glass or other objects have fallen or escaped which could cause an obstruction
or damage a vehicle or otherwise endanger travelers on the highway shall immediately
cause the highway to be cleaned of such glass, material and objects and shall pay any
costs therefore.
C. A person removing a wrecked or damaged vehicle from a highway shall remove any glass
or other injurious substance dropped upon the highway from the vehicle.
D. Any person violating any of the provisions of this section shall be guilty of a Class 1
misdemeanor.
State law reference(s) -- Similar provisions, Code of Virginia, Sections 10.1-1424, 18.2-324.
SEC. 9-19. WASHING, POLISHING, GREASING VEHICLE ON HIGHWAY OR
SIDEWALK.
A. No person shall wash, polish or grease a vehicle upon a highway or sidewalk nor shall the
owner of a vehicle permit it to be washed, polished or greased upon a highway or
sidewalk.
B. A violation of this section shall constitute a Class 4 misdemeanor.
SEC. 9-20. KEEPING OF INOPERATIVE MOTOR VEHICLES.
(1) It shall be unlawful for any person, firm or corporation to keep on any property zoned for
residential or commercial or agricultural purposes any motor vehicle, which is
inoperative, except as follows:
a. Three (3) or fewer inoperative vehicles may be kept on such property provided
that each such vehicle,
(i) Is shielded or screened from view by covers; or
(ii) Is not visible on ground level from any exterior boundary line of
such property.
b. Is kept on rural property, not visible from the highway, or any exterior boundary
line of such property. Rural property, for the purposes of this subsection only,
means property, which is within an “agricultural” zoning district, and is outside of
an approved subdivision.
c. The inoperative motor vehicle is being kept at a commercial business in
compliance with the county's zoning regulations covering such business and/or a
conditional use permit issued for the operation of such business; provided,
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however, an inoperative vehicle being repaired at an automobile repair business
shall not be kept at such
property for more than sixty (60) continuous days; or
d. The inoperative vehicle is kept within a fully enclosed building or structure; or
e. The inoperative vehicle is shielded or screened from view other than by covers.
(2) As used in this section, an "inoperative motor vehicle" shall mean any motor vehicle:
a. Which is not in operating condition; or
b. Which for a period of sixty (60) days or longer has been partially or totally
disassembled by the removal of tires and wheels, the engine, or other essential
parts required for operation of the vehicle; or
c. On which there are displayed no valid license plates; or
d. On which there is displayed no valid inspection decal.
This definition of "inoperative vehicle" shall not include a registered and licensed antique
vehicle, classic vehicle, or prestige vehicle.
(3) Any person found to be in violation of this ordinance shall be subject to the imposition of
a penalty in accordance with the provisions of Section 15.2-2209 of the Code of Virginia,
1950, as amended, as the same may from time to time be amended. (B.S.M. 11-20-07)
(B.S.M. 06-02-08)
(4) The Zoning Administrator and Code Enforcement Officer are hereby authorized to take
any
action necessary to ensure compliance with this Code section.
State law reference(s) -- Authority to restrict keeping of inoperative motor vehicles, etc., on
residential or commercial property; removal of such vehicles, Code of Virginia, Section 15.2-904.
SEC. 9-21. REMOVAL OF INOPERABLE VEHICLES.
(1) The owner of property shall remove there from any inoperative motor vehicle, which is
kept
in violation of section 9-20.
(2) The County, through its agents and employees, may remove any inoperative vehicle,
which is
kept in violation of section 9-20, after ten (10) days notice to the owner of the property
upon
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which such vehicle is located.
(3) After the County has removed an inoperative vehicle, in accordance with the preceding
subsection, the County may dispose of such vehicle, after giving ten (10) days notice
to the owner of the vehicle, or, if the name of the owner of the vehicle cannot be
reasonably
ascertained, after giving ten (10) days notice to the owner of the property upon which
such
vehicle was located.
(4) The cost of any removal pursuant to this section shall be chargeable (a) to the owner of
the
vehicle and/or (b) to the owner of the property upon which such vehicle was located. The
liability of all such persons shall be joint and several.
(5) The costs of any removal pursuant to this section may be collected by the County as taxes
and
levies are collected.
(6) Every cost authorized by this section with which the owner of the premises has been
assessed
shall constitute a lien, against the property from which the vehicle was removed, the lien
to
continue until actual payment of such costs has been made to the County.
State law reference(s) -- Authority to restrict keeping of inoperative motor vehicles, etc., on
residential or commercial property; removal of such vehicles, Code of Virginia, Section 15.2-904
SEC. 9-22. PROHIBITING USE OF BICYCLE AND PEDESTRIAN TRAILS BY VEHICLES OTHER THAN BICYCLES.
Whereas, the Pittsylvania County Board of Supervisors is the owner of certain real property
hereafter identified; and
Whereas; the Board of Supervisors has determined that it is appropriate to promote the quiet,
peaceful and safe use of the hereinafter described real property, and to protect said real property
from damage, erosion, and from use inconsistent with the purpose and intent for which the land
was acquired on behalf of the citizens of Pittsylvania County. According, be it hereby
ORDAINED as follows:
(1) The following activity is hereby prohibited on the herein designated real property of the
Board of Supervisors of Pittsylvania County:
a. The operation of or being a passenger in or on any operated motor vehicle,
motorcycle, moped, snow mobile, golf cart or farm tractor as said terms are
defined in Virginia Code Section 46.2-100, Code of Virginia, as the same
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may from time to time be amended, any all-terrain vehicle as the same is
defined in Section 46.2-915.1 F, Code of Virginia, as the same may from time
to time be amended, and any other vehicle which is self propelled by any
gasoline, electric, or diesel motor. Any such operator or passenger on or in
any of the foregoing prohibited vehicles while said vehicle is being operated
on the lands described herein shall be deemed to be trespassing on said
property, and shall be guilty of a Class 1 misdemeanor.
(2) The following lands to which this Ordinance shall apply are hereby declared to be as
follows:
a. All that strip or parcel of land, containing 86.5 acres of land, more or less, and
being a portion of the former right of way for the original main track of
Norfolk Southern Railway Company, as it ran between Danville and
Richmond, Virginia, located in Pittsylvania County, Virginia, and beginning a
short distance east of the City of Danville city limits and proceeding in a
generally eastern direction to the Halifax County line, and being more
particularly described in that Deed of Norfolk Southern Railway Company to
Pittsylvania County, Virginia, dated December 13, 1999, said Deed being
recorded in the Office of the Clerk of the Circuit Court of Pittsylvania
County, Virginia in Deed Book 1191, page 765, said Deed being incorporated
in its entirety herein by reference.
(3) Exceptions: The provisions of this Section shall not apply to the following:
a. Members of fire departments and rescue squads lawfully engaged in their
duties as such;
b. Persons operating self-propelled wheelchairs or self-propelled wheelchair
conveyance who, by reason of physical disability, are otherwise unable to
move about as pedestrians;
c. Employees of Pittsylvania County and agents of the Board of Supervisors of
Pittsylvania County, Virginia, when acting in their capacity as public
employees while conducting inspection and maintenance of the foregoing
real property and the property adjacent thereto; and
d. Law Enforcement Officers lawfully engaged in their duties as such.
(4) Notices that motor vehicles, ATVs and motorcycles are prohibited, and that the operator
and/or passenger shall be guilty of trespassing, punishable up to twelve months in jail and
a two thousand-five hundred ($2,500.00) dollars fine shall be posted conspicuously on the
property which is the subject of this Ordinance.
State law reference(s) -- Establishment of bicycle trails or paths, Code of Virginia, Section 15.2-
2001.
SEC. 9-23. RECKLESS DRIVING.
179
Irrespective of the maximum speed limits as posted on the highways of Pittsylvania County any
person who drives a vehicle upon a highway recklessly, or at a speed or in a manner so as to
endanger life, limb or property of any person shall be guilty of reckless driving; provided that the
driving of the motor vehicle in violation of any such speed limit shall not in itself constitute
ground for prosecution of reckless driving under this Ordinance.
SEC. 9-24. FINES.
Every person convicted of reckless driving under this Ordinance shall for the first violation be
punished by a fine not exceeding five hundred ($500.00) dollars or confinement in jail not
exceeding twelve (12) months, or both, in the discretion of the jury or of the court trying the case
without a jury. For each second (2nd) or subsequent conviction for the offense of reckless driving
under this Ordinance or under Section 46.1-189, 46.1-190, 46.1-191, of the Code of Virginia
committed within twelve (12) months before or after the date of another act of reckless driving
for which he has been convicted, such person shall be punished by a fine of not less than one
hundred ($100.00) dollars nor more than five hundred ($500.00)dollars, or by imprisonment in
jail for not less than ten (10) days nor more than twelve (12) months, or by both such fine and
imprisonment. (B.S.M. 8-5-64).
SEC. 9-25. - 9-45. RESERVED.
CHAPTER 9
Article II.
Vehicle License.
Existing Sec. 9-46. through 9-57 repealed in its entirety and substituted with the following:
(B.S.M. 10-2-06) (B.S.M. 5/15/2018)
SEC. 9-46. VEHICLES REQUIRED TO BE LICENSED - SITUS; STUDENT OWNERS;
EXEMPTIONS.
A. Every person who shall own or lease a motor vehicle, trailer or semi-trailer normally garaged,
stored or parked in the County shall pay an annual County license fee for such vehicle, trailer or
semi-trailer as required herein.
B. Reserved.
C. The situs for the imposition of licensing fees under this article shall in all cases, except as
hereinafter provided, be the locality in which the motor vehicle, trailer, or semi-trailer is normally
garaged, stored, or parked. If it cannot be determined where the personal property is normally
garaged, stored, or parked, the situs shall be the domicile of its owner. In the event the owner of
the motor vehicle is a full-time student attending an institution of higher education, the situs shall
be the domicile of such student, provided the student has presented sufficient evidence that he has
paid a personal property tax on the motor vehicle in his domicile.
D. Reserved.
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E. Reserved.
F. The license fee imposed by this section shall not apply to any vehicle personally owned or
leased, in whole or in part, by a member of the armed services of the United States on active duty.
For the purposes of this section “the armed services of the United States” includes active duty
service with the regular Armed Forces of the United States or the National Guard or other reserve
component.
G. Pittsylvania County shall not impose any license fee upon any daily rental vehicle, as defined
in VA. CODE ANN. Section 58.1-2401 (Repl. Vol. 2004), the rental of which is subject to the
tax imposed by VA. CODE ANN. Section 58.1-2402 A.4. (Cum. Supp. 2005).
For state law authority, see VA. CODE ANN. §46.2-752 A. and I. (Repl. Vol. 2005), and VA.
CODE ANN. §46.2-755 C. (Repl. Vol. 2005). But see also VA. CODE ANN. §§46.2-656, 46.2-
657, and 46.2-662 (Repl. Vol. 2005). See also VA. CODE ANN.§46.2- 221.4 (Repl. Vol. 2005).
SEC. 9-47. ASSESSMENT OF LICENSE FEE.
A. There is hereby assessed to any person owning or leasing a motor vehicle, trailer or semi-
trailer, normally garaged, stored or parked in Pittsylvania County on January 1 of each year a
Pittsylvania County motor vehicle license fee.
B. Reserved.
C. The chief of each volunteer fire department and volunteer emergency rescue squad will
prepare and certify a list of active members and active auxiliary members or former members
who served at least ten (10) years in the County of his department or squad and who regularly
respond or responded to calls or perform or performed other duties for the department or squad
and who reside in the County outside the corporate limits of the Towns of Chatham, Gretna, and
Hurt. The certified list and affidavit by the chief will include the complete name of each
individual, his residence address and dates of service of active member, active auxiliary member,
or former member who served at least ten (10) years in the County to be certified for exemption.
Each individual so certified will complete the required application form which shall include the
name of the individual, his residence address, the department making the certification, vehicle
identification number and description of the vehicle owned or leased by such active member,
active auxiliary or former member who served at least ten (10) years, and which shall include an
affidavit swearing to its contents, submit it to his chief who will attach all individual applications
to the certified listing and submit to the Treasurer of the County by March 1 of each year. After
reviewing and comparing the certified listing, applications, and affidavits, with the Virginia
Division of Motor Vehicle records, and the personal property tax rolls, the Treasurer will issue an
exemption certificate to each certified member without charge except the Treasurer shall deny for
the current year the issuance of the vehicle license fee without charge to an otherwise qualified
applicant who has failed to pay any personal property taxes for any prior years due the County
which is unpaid by the March 1 due date of the application. No member of a volunteer rescue
squad or volunteer fire department shall be issued an exemption certificate for more than one (1)
vehicle free of charge. (B.S.M. 06-17-2014)
181
For state law authority, see VA. CODE ANN. Sections 46.2-752 A.4. and A.5. and A.11. (Repl.
Vol. 2005).
SEC. 9-48. AMOUNT OF FEE - PASSENGER MOTOR VEHICLES; TRUCKS;
MOTORCYCLES; TRANSITIONAL PROVISIONS FOR 2007 LICENSE YEAR ONLY.
A. On each and every passenger vehicle and truck there shall be an annual license fee established
annually by the Board of Supervisors; and on each and every motorcycle, with or without a
sidecar, a license established annually by the Board of Supervisors. (4-5-71, §3.) (3-21-89) (4-6-
09) (B.S.M. 2/18/2020)
B. The amount of the license fee imposed by Pittsylvania County under this article shall not be
greater than the amount of the license fee imposed by the Commonwealth on said vehicle.
C. Transitional provisions effective for 2007 license year only. Notwithstanding the preceding
subsections, in order to adjust the amount of the vehicle license fee for the 2007 license year in
recognition of the transition from the former April 15, 2007 expiration date for decals to the new
June 5, 2007 due date for vehicle license fees, the vehicle license fee for the 2007 license year
only is hereby reduced by thirty-three percent (33%) such that the fee shall be nineteen dollars
and seventy-five cents ($19.75) on each and every passenger vehicle and truck, and is hereby
reduced by a corresponding thirty-three percent (33%) on motorcycles and all other motor
vehicles, trailers, semi-trailers, etc., that are subject to the County license fee. This subsection
shall automatically expire on or before December 31, 2007 and all annual County vehicle license
fees for the 2008 license year and thereafter shall be imposed at the full amounts specified in the
preceding subsections of this section and such fees shall be payable on or before June 10th of
each year, beginning June 5, 2007. (B.S.M 2/18/2020)
For state law authority, see VA. CODE ANN. Section 46.2-752 (Repl. Vol. 2005). For state fees,
see VA. CODE ANN. Section 46.2-694 (Repl. Vol. 2005), especially subdivisions 1 through 13
of A.
SEC. 9-49. SAME - OTHER MOTOR VEHICLES, TRAILERS, SEMI-TRAILERS, ETC.;
TRANSITIONAL PROVISIONS FOR 2007 LICENSE YEAR ONLY.
A. On each trailer or semi-trailer (i) not designed and used for the transportation of passengers on
the highways of the Commonwealth and (ii) having a registered gross weight of 80,001 pounds or
above, (iii) not exempt from taxation as otherwise herein provided, there shall be a license fee
established annually by the Board of Supervisors.
B. In the case of a combination of a truck or tractor truck and a trailer or semi-trailer, each
vehicle constituting a part of such combination shall be licensed as a separate vehicle and a
separate fee shall be assessed therefore.
C. On each and every motor vehicle, trailer, or semi-trailer upon which well-drilling machinery is
attached and which is permanently used solely for transporting such machinery, there shall be a
license fee established annually by the Board of Supervisors.
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D. On each and every motor vehicle, trailer, or semi-trailer owned and operated by a person, firm,
or corporation used or intended to be used for transporting persons to and from school, Sunday
school, or church or other place of divine worship, there shall be a license fee established
annually by the Board of Supervisors.
E. Transitional provisions effective for 2007 license year only. Notwithstanding the preceding
subsections, in order to adjust the amount of the vehicle license fee for the 2007 license year in
recognition of the transition from the former April 15, 2007 expiration date for decals to the new
June 5, 2007 due date for vehicle license fees, the vehicle license fee for the 2007 license year
only is hereby reduced by thirty-three percent (33%) such that the fee shall be nineteen dollars
and seventy-five cents ($19.75) on each and every passenger vehicle and truck, and is hereby
reduced by a corresponding thirty-three percent (33%) on motorcycles and all other motor
vehicles, trailers, semi-trailers, etc. that are subject to the County license fee. This subsection
shall automatically expire on or before December 31, 2007 and all annual County vehicle license
fees for the 2008 license year and thereafter shall be imposed at the full amounts specified in the
preceding subsections of this section and such fees shall be payable on or before June 10th of each
year, beginning June 5, 2007. (B.S.M. 02-18-2020)
For state law authority, see VA. CODE ANN. §46.2-752 (Repl. Vol. 2005). See also VA. CODE
ANN. §46.2-694 (Repl. Vol. 2005); VA. CODE ANN.§46.2-694.1 (Repl. Vol. 2005), and VA.
CODE ANN. §46.2-700 (Repl. Vol. 2005), and VA. CODE ANN. §46.2-701 (Repl. Vol. 2005).
Editor's note.--Former VA. CODE ANN. §46.2-699, which had provided for a state registration
fee of six dollars and fifty cents ($6.50) upon one-or two-wheeled trailers weighing no more than
fifteen hundred (1,500) pounds and designed to be pulled by a passenger car, pickup or panel
truck, was repealed in 1997. That section was superseded by VA. CODE ANN. §46.2-694.1
(Repl. Vol. 2005) which prescribes such fees for trailers and semi-trailers not designed and used
for transportation of passengers and sets fees according to weight category. Under such
categories, a trailer of 1,500 pounds or less would be subject to a state registration fee of ten
($10.00) dollars per year, and a trailer of fifteen thousand five-hundred and one (1,501) pounds to
four thousand (4,000) pounds would be subject to a state registration fee of $20.50 per year.
Pittsylvania County is authorized to assess a County license fee equal to or lesser than the state
fee. (B.S.M. 12-4-06) (B.S.M. 04-06-09)
SEC. 9-50. SAME - EXEMPTIONS AND REDUCTIONS.
A. The provisions of this article shall not be construed as to impose a license fee upon any motor
vehicle, trailer or semi-trailer when:
1. A similar tax or license fee is imposed by another County, city or town wherein such
motor vehicle, trailer or semi-trailer is normally garaged, stored or parked;
2. The motor vehicle, trailer or semi-trailer is owned by a nonresident of Pittsylvania
County and is used exclusively for pleasure or personal transportation and not for hire or for the
conduct of any business or occupation other than that set forth in paragraph (3) of this subsection.
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3. The motor vehicle, trailer or semi-trailer is owned by a nonresident and is used for
transporting into and within the County for sale in person or by his employees of wood, meats,
poultry, fruits, flowers, vegetables, milk, butter, cream or eggs produced or grown by him, and
not purchased by him for sale.
4. The motor vehicle, trailer or semi-trailer is owned by an officer or employee of the
Commonwealth of Virginia who is a nonresident of the County and who uses the vehicle in the
performance of his duties for the Commonwealth under an agreement for such use;
5. The motor vehicle, trailer or semi-trailer is kept by a dealer or manufacturer for sale or
for sales demonstration;
6. The motor vehicle, trailer or semi-trailer is operated by a common carrier of persons or
property operating between cities and towns in this Commonwealth and not in intra-city
transportation or between cities and towns on the one hand and points and places without cities
and towns on the other and not in intra-city transportation;
7. Any vehicle that is exempt under provisions of state law.
B. No license fee shall be assessed by the County upon vehicles of owners who are residents of
any town located in the County when such vehicles are already subject to town license taxes.
C. Motor vehicles, trailers or semi-trailers owned by the Commonwealth, political subdivisions of
the Commonwealth, and regional jail authorities created pursuant to VA. CODE ANN. Section
53.1-95.2 et seq. (Repl. Vol. 2005) and used solely for governmental purposes in accordance with
the provisions of VA. CODE ANN. Section 46.2-750 (Repl. Vol. 2005) shall display license
plates or decalcomania inscribed either "Official State Use Only" or "Official Local Government
Use Only,” respectively, and shall be subject to a license fee equal to the cost incurred either by
the Commonwealth or by the County, respectively, in the purchase or manufacture of such
decalcomania, but which County fee shall, in no event, exceed the fee imposed by the State under
VA. CODE ANN. Section 46.2-750 A. (Repl. Vol. 2005); such licensing requirements shall be
subject to exceptions set forth in VA. CODE ANN. Section 46.2-750 (Repl. Vol. 2005) and VA.
CODE ANN. Section 46.2-750.1 (Repl. Vol. 2005).
D. The fire-fighting trucks, trailers or semi-trailers on which firefighting apparatus is permanently
attached, or other vehicles, when any such vehicle is owned or under exclusive control of a
chartered volunteer fire department in this County shall be exempt from payment of the license
fee imposed by this article, provided that such vehicles comply with all of the provisions of VA.
CODE ANN. Section 46.2-649.1:1 (Repl. Vol. 2005) and VA. CODE ANN. Section 46.2-752A
(Repl. Vol. 2005).
E. Ambulances or other vehicles owned or used exclusively by chartered volunteer fire
departments or volunteer lifesaving or first aid crews or rescue squads in the County, provided
any such vehicle is used exclusively as an ambulance or lifesaving and first aid vehicle and is not
rented, leased, or lent to any private individual, firm, or corporation, and no charge is made by the
organization for the use of the vehicle, shall be exempt from payment of the license fee imposed
by this article, provided that such vehicles comply with all of the provisions of VA. CODE ANN.
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Section 46.2-649.1:1 (Repl. Vol. 2005) and VA. CODE ANN. Section 46.2-752A (Repl. Vol.
2005).
F. One (1) vehicle owned or leased and used personally in the performance of duties by each
active member of the volunteer fire departments and volunteer emergency rescue squads who
lives in the County outside of incorporated towns is exempt after proper certification as indicated
in Sec. 9-47 of this Code.
G. Daily rental vehicles as defined in VA. CODE ANN. Section 58.1-2401 (Repl. Vol. 2004), the
rental of which are subject to the tax imposed by VA. CODE ANN. Section 58.1-2402 A 4 (Cum.
Supp. 2005), shall be exempt from the payment of the license fee levied and imposed by this
article.
H. Passenger vehicles and pickup or panel trucks, as defined in VA. CODE ANN. Section 46.2-
100 (Repl. Vol. 2005), owned and used personally by a member of the National Guard who has
received special metal state license plates pursuant to VA. CODE ANN. Section 46.2-744 (Repl.
Vol. 2005), shall be partially exempt from the payment of the license fee levied and imposed by
this article to the extent of fifty percent (50%) of said fee, provided that such reduced County fee
shall not exceed the reduced State tax or fee imposed under VA. CODE ANN. Section 46.2-744
(Repl. Vol. 2005) and VA. CODE ANN. Section 46.2-694 (Repl. Vol. 2005). And Disabled
Veterans with special plates issued pursuant to Section 46.2-739 VA. CODE ANN.
For state law authority for individual subsections, see as follows: (a)(1)--VA. CODE ANN.
§46.2-752 H. (Repl. Vol. 2005) and VA. CODE ANN. §46.2-755 A.1. (Repl. Vol. 2005); (a)(2)--
VA. CODE ANN. §46.2-755 A.2. (Repl. Vol. 2005); (a)(3)--VA. CODE ANN. §46.2-755 A.3.
(Repl. Vol. 2005); (a)(4)--VA. CODE ANN. §46.2-755 A.4. (Repl. Vol. 2005); (a)(5)--VA.
CODE ANN. §46.2-755 A.5. (Repl. Vol. 2005); (a)(6)--VA. CODE ANN. §46.2-755 A.6. (Repl.
Vol. 2005); (a)(7)--VA. CODE ANN. § 46.2-752 A. (Repl. Vol. 2005) and VA. CODE ANN.
§46.2-694 (Repl. Vol. 2005); (b)--VA. CODE ANN. §46.2-752 A. (Repl. Vol. 2005); (c)--VA.
CODE ANN. §46.2-750 A. (Repl. Vol. 2005); (d) and (e)--VA. CODE ANN. §46.2-649.1:1
(Repl. Vol. 2002) and VA. CODE ANN. §46.2-752 A. (Repl. Vol. 2005), but see also VA.
CODE ANN. §46.2- 736 (Repl. Vol. 2005) and VA. CODE ANN. § 46.2- 735 (Repl. Vol. 2005);
(f)--VA. CODE ANN. §46.2- 752 A.4. and 5. (Repl. Vol. 2005); (g)--VA. CODE ANN. §46.2-
755 C. (Repl. Vol. 2005); (h)--VA. CODE ANN. § 46.2-744 (Repl. Vol. 2005).
SEC. 9-51. LICENSE FEES – DISPOSITION.
All fees collected pursuant to this article shall be deposited by the Treasurer in the general fund
of the County.
For state law authority, see VA. CODE ANN. Section 46.2-752 B. (Repl. Vol. 2005).
SEC. 9-52. PAYMENT OF PERSONAL PROPERTY TAXES PREREQUISITE.
A. No motor vehicle, trailer or semi-trailer shall be licensed by the Department of Motor Vehicles
until such applicant for such license has paid all personal property taxes and the license fee
assessed hereunder upon the motor vehicle, trailer or semi-trailer to be licensed and until the
Department of Motor Vehicles has been provided satisfactory evidence by the Treasurer of
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Pittsylvania County that any delinquent motor vehicle, trailer or semi-trailer personal property
taxes, penalties, fees or interest, or license fees which have been properly assessed or are
assessable against the applicant by the County have been paid.
B. No motor vehicle license shall be issued by the Virginia Department of Motor Vehicles unless
the tangible personal property taxes properly assessed or assessable by the County on any
tangible personal property used or usable as a dwelling titled by the Virginia Department of
Motor Vehicles and owned by the taxpayer have been paid.
C. No motor vehicle license shall be issued by the Virginia Department of Motor Vehicles to an
owner of a motor vehicle as to which a fee is required to be paid pursuant to this article, qualified
under the provisions hereof to a waiver of that fee, until the applicant for such license or
registration from the Department of Motor Vehicles has produced before the Pittsylvania County
treasurer, or his/her agent, satisfactory evidence that all personal property taxes upon the motor
vehicle licensed have been paid and satisfactory evidence that any delinquent personal property
taxes due with respect to the vehicle which have been properly assessed or are assessable against
the owner have been paid.
For state law authority, see VA. CODE ANN. Section 46.2-752 C. and A.12 (Repl. Vol. 2005).
Cross-reference- For state law provisions regarding payment of taxes on leased property by lessee
and requirement that certain information re taxes to be furnished to lessee by lessor, see VA.
CODE ANN. Section 58.1-3516.2 (Repl. Vol. 2004). For provisions regarding proration of
personal property tax, see VA. CODE ANN. Section 58.1-3516 (Repl. Vol. 2004).
SEC. 9-53. LICENSE YEAR.
The license year with respect to which the fee required to be paid under this article is assessed
shall be January 1st through December 31st of each year. The fee assessed under this article shall
be assessed to the owner of each motor vehicle as provided in this article for motor vehicles
owned on January 1st of each year. The fee shall be payable on or before June 10th of each year
and with respect to any fees not paid at that time, there is hereby imposed a thirty ($30.00) dollars
fee to reimburse the County of Pittsylvania for costs associated with administration of the Vehicle
Registration Withholding Program with the Commonwealth of Virginia Department of Motor
Vehicles (DMV) if a DMV stop order has been issued prior to payment. The fee herein assessed
will be based upon ownership of vehicles on fee day, that is, January 1st of each year, and the
period for which the license fee is effective shall be January 1st through December 31st of the
next ensuing year. (B.S.M. 10-16- 12) (B.S.M. 5-20-14) (B.S. M. 2/18/2020)
For state law authority, see § 58.1-3958, Code of Virginia, 1950, as amended.
SEC. 9-54. FAILURE TO PAY LICENSE FEE, PERSONAL PROPERTY TAX, ETC.;
PENALTY.
A. In the event that the license fee required by this article is not paid, or if any personal property
taxes, properly assessed against such vehicle, are not paid on or before June 10th of each year,
with respect to each owner or co-owner of any motor vehicle as to which the license fee has not
been paid, or any personal property taxes have not been paid, the County Treasurer shall mail to
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the owner/co-owner by first class mail a Notice of Intent to request the Commonwealth of
Virginia Department of Motor Vehicles under the Vehicle Registration Withholding Program to
deny his or her registration renewal with respect to the vehicle which is subject to the license fee
or personal property tax herein. In the event of payment of that vehicle license fee and/or
delinquent personal property taxes, the County Treasurer shall provide to the vehicle owner/co-
owner an approved numbered receipt that clearly indicates that the vehicle owner/co-owner has
paid in full all outstanding local vehicle fees and delinquent taxes to the locality, together with
the penalty, interests and administrative fee hereinabove set forth. (B.S.M. 2/18/2020)
B. It shall be unlawful for any owner of a motor vehicle, trailer or semi-trailer to fail to pay the
local license fee or personal property taxes assessed with respect to each motor vehicle, trailer or
semi-trailer after June 10th of each year. (B.S.M. 2/18/2020)
C. A violation of this section shall constitute a Class 4 misdemeanor and shall be punished by a
fine of two hundred fifty ($250.00) dollars. D. A violation of this section by the registered owner
of the vehicle shall not be discharged by prepayment of a fine or by payment of a fine imposed by
the court except upon presentation of satisfactory evidence that the required license has been
obtained.
For state law authority, see VA. CODE ANN. Section 46.2-752 G (Repl. Vol. 2005). See also
VA. CODE ANN. Section 18.2-11 (Repl. Vol. 2004).
SEC. 9-55. UNLICENSED MOTOR VEHICLE FEE - PURPOSE; FEE IMPOSED;
AMOUNT; LICENSE YEAR; DUE DATE; TRANSITIONAL PROVISIONS FOR 2007
LICENSE YEAR.
A. Recognizing that unlicensed motor vehicles are more likely to be junk vehicles than are
licensed vehicles and that unlicensed motor vehicles are more likely to create safety, health, and
aesthetic problems than are licensed vehicles, the Pittsylvania County Board of Supervisors,
pursuant to the authority granted by VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003), does
hereby impose an annual license fee established annually by the Board of Supervisors, per motor
vehicle on owners of motor vehicles located in Pittsylvania County which do not display current
State license plates and which are not exempted from the requirements of displaying such license
plates under the provisions of Section 9-55 of this Code or as specified in VA. CODE ANN.
Section 15.2-973 (Repl. Vol. 2003). The license year with respect to which the fee required to be
paid under this article is assessed shall be January 1 through December 31st of each year. The fee
assessed under this article shall be assessed to the owner of each unlicensed motor vehicle as
provided in this article for motor vehicles owned on January 1st of each year. (B.S.M. 04-06-09)
(B.S.M. 2/18/2020)
B. The license fee imposed by this section shall be paid to the County Treasurer on or before June
10th of each calendar year.
C. Reserved.
D. It shall be presumed that the owner of the motor vehicle is the person on whose land the motor
vehicle is located unless otherwise shown and it shall be presumed that the motor vehicle has
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been parked, kept or garaged primarily in Pittsylvania County since January 1st of the year of
enforcement unless otherwise shown.
E. Transitional provisions effective for 2007 license year only. Notwithstanding the preceding
subsections, in order to adjust the amount of the unlicensed motor vehicle fee for the 2007 license
year in recognition of the transition from the former April 15, 2007 expiration date for decals to
the new June 5, 2007 due date for the unlicensed motor vehicle fees, the unlicensed motor vehicle
fee for the 2007 license year only is hereby reduced by thirty-three percent (33%). This
subsection shall automatically expire on or before December 31, 2007 and the County unlicensed
motor vehicle fees for the 2008 license year and thereafter shall be imposed at the full amount as
specified in the preceding subsections of this section and such fees shall be payable on or before
June 10th of each year, beginning June 5, 2007. (B.S.M. 2/18/2020)
For state law authority, see VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003).
Editor's note.-- For case law establishing that the unlicensed motor vehicle tax or fee imposed by
this section shall apply to unlicensed motor vehicles as defined in Section 9-54 of this Code,
whether operable or inoperable, unless specifically exempted by the provisions of Section 9-55 of
this Code or unless otherwise licensed under other provisions of this chapter, see Duke v. County
of Pulaski, 219 Va. 428 (247 S.E.2d 824) (1978), which case is summarized in the editor's notes
following Section 9-56 of this Code.
SEC. 9-56. SAME – EXEMPTIONS.
A. The following classifications of motor vehicles shall be exempted from the unlicensed motor
vehicle fee imposed by Section 9-55 of this Code:
1. Vehicles exempted from the requirements of displaying current license plates under the
provisions of:
(i) VA. CODE ANN. Section 46.2-662 et seq. (Repl. Vol. 2005) (Article 6 of
Chapter 6 of Title 46.2); or
(ii) VA. CODE ANN. Section 46.2-1554 (Repl. Vol. 2005), regarding movement
of motor vehicles by manufacturer to place of shipment or delivery; or
(iii) VA. CODE ANN. Section 46.2-1555 (Repl. Vol. 2005), regarding movement
of motor vehicles by dealers to salesrooms, etc; or
2. Vehicles in a public dump; or
3. Vehicles in an automobile graveyard, as defined in Section15-48 of this Code and VA.
CODE ANN. Section 33.1-348 (Repl. Vol. 2005); or
4. Vehicles in the possession of a licensed junk dealer; or
5. Vehicles in the possession of a licensed motor vehicle dealer; or
6. Any vehicles which are stored on private property for a period not in excess of sixty
(60) days, for the purpose of removing parts for the repair of another vehicle; or
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7. Any vehicles being held or stored by or at the direction of any governmental authority;
or
8. Any vehicles personally owned or leased, in whole or in part, by a member of the
armed services of the United States on active duty. For the purposes of this section “the armed
services of the United States” includes active duty service with the regular Armed Forces of the
United States or the National Guard or other reserve component; or
9. Any vehicles regularly stored within a structure; or
10. Any vehicle that is exempted by state law from requirement to display a State license
plate.
B. While vehicles described in subsection (a) of this section shall be exempted from the
unlicensed motor vehicle fee imposed by Section 9-55 of this Code, these motor vehicles are not
necessarily exempt from the Pittsylvania County Zoning Ordinance (Chapter 35 of this Code), or
any other provision of this Code prohibiting or limiting the number of unlicensed or inoperative
motor vehicles in certain areas of the County.
For state law authority, see VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003).
Editor's notes. --VA. CODE ANN. Section 46.2-662 et seq. (Repl. Vol. 2005) pertains to
licensing exemptions for backhoes, certain vehicles used for spraying fruit trees and for other
agricultural, horticultural, or farm purposes, farm machinery and tractors, tractors and other
vehicles used in harvesting, sawmill, mining, quarrying, or commercial fishing operations, golf
carts, self-propelled wheelchairs, forklifts, snowmobiles, vehicles used for fire-fighting,
lifesaving, first aid or rescue, machinery used for highway purposes, traction engines, etc.
In Duke v. County of Pulaski, 219 Va. 428 (247 S.E.2d 824) (1978), the Supreme Court of
Virginia examined a similar ordinance, enacted pursuant to the authority of former VA. CODE
ANN. Section 15.1-27.1, now codified as VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003).
While the Court conceded that not all unlicensed vehicles are junk, it recognized that "unlicensed
vehicles are much more likely to be junk vehicles than are licensed vehicles. And unlicensed
vehicles are far more likely to create safety, health, and aesthetic problems than are licensed
vehicles." (at p. 434). Thus, the Court found that the distinction drawn between licensed and
unlicensed motor vehicles is neither unreasonable nor arbitrary. The Court then examined the
exemptions in that ordinance. The exemptions were upheld as constitutional because the
classifications created have a rational basis and are reasonably related to the purpose of the
ordinance. Furthermore, the fact that "every possible exemption which could be justified is not
provided for does not invalidate the ordinance in its application to one occupying a non-exempt
status". (at p. 437). Finally, the Court held that Duke, the owner of four unlicensed vehicles, two
of which were acknowledged to be otherwise operable, was subject to the unlicensed motor
vehicle tax imposed by that ordinance.
SEC. 9-57. PENALTY FOR VIOLATIONS.
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A. It shall be unlawful for any owner or operator of a motor vehicle to fail to pay the license fee
required by this article.
B. A violation of this section shall constitute a Class 4 misdemeanor and, upon conviction, shall
be punished by a fine not exceeding two hundred and fifty ($250.00) dollars. In the case of a
motor vehicle registered to a resident of the locality where such vehicle is registered, local law-
enforcement officers may issue citations, summonses, parking tickets, or uniform traffic
summonses for violations.
C. A violation of this section by the registered owner of the vehicle shall not discharged by
payment of a fine imposed under subsection (b) hereof, except upon presentation of satisfactory
evidence that the required license fee has been paid.
For state law authority, see VA. CODE ANN. §15.2- 973 (Repl. Vol. 2003) and §46.2-752G
(Repl. Vol. 2005). For penalty for misdemeanor, see §1-6 of this Code. See also VA. CODE
ANN. §15.2-1429 (Repl. Vol. 2003) and §18.2-11 (Repl. Vol. 2004).
SEC. 9-58. PARTIAL INVALIDITY.
If any section, phrase or part of this article, should for any reason, be held invalid by a court of
competent jurisdiction, such decision shall not affect the remainder of the article and every
remaining section, ordinance, clause, or part thereof shall continue in full force and effect.
SEC. 9-46 through 9-58. RESERVED (B.S.M. 10-2-06)
SEC. 9-59 – 9-85. RESERVED
Article III.
Driving while Under the Influence of Alcohol or Other Intoxicant or Drug
SEC. 9-86. ADOPTION OF STATE LAW.
Pursuant to the authority of Section 46.2-1313 of the Code of Virginia, as amended, all of the
provisions and requirements of the laws of the state contained in Article 9 (Section 16.1-278 et
seq.) of Chapter 11 of Title 16.1 and Article 2 (Section 18.2-266 et seq.) of Chapter 7 of Title
18.2 of the Code of Virginia, as in force on July 1, 2002, and as amended in the future, except
those provisions and requirements the violation of which constitutes a felony, and except those
provisions and requirements which by their very nature can have no application to or within the
county, are hereby adopted and incorporated in this chapter by reference and made applicable
within the county. References to "highways of the state" contained in such provisions and
requirements hereby adopted shall be deemed to refer to the streets, highways and other public
ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis,
and made a part of this chapter as fully as though set forth at length herein, and it shall be
unlawful for any person, within the county, to violate and fail, neglect or refuse to comply with
any provisions of Article 9 of Chapter 11 of Title 16.1 and Article 2 of Chapter 7 of Title 18.2 of
the Code of Virginia, 1950 as amended, which is adopted by this section; provided, that in no
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event shall the penalty imposed for the violation of any provision or requirement hereby adopted
exceed the penalty imposed for a similar offense under Article 9, of Chapter 11 of Title 16.1 and
Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia, 1950, as amended.
SEC. 9-87. REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI
AND RELATED INCIDENTS.
(A) Any person who is convicted of a violation of any of the following provisions shall, at the
time of sentencing or in a separate civil action, be liable to Pittsylvania County or to any
responding volunteer fire or rescue squad, or both, for restitution of reasonable expenses incurred
by Pittsylvania County for responding law enforcement, firefighting, rescue and emergency
services, including those incurred by the Pittsylvania County Sheriff’s Office, or by any volunteer
fire or rescue squad, or by any combination of the foregoing, when providing an appropriate
emergency response to any accident or incident related to such violation. Any person who is
convicted of a violation of any of the following provisions shall at the time of sentencing or in a
separate civil action, be liable to Pittsylvania County or to any responding volunteer fire or rescue
squad, or both, for restitution of reasonable expenses incurred by the locality when issuing any
related arrest warrant or summons, including the expenses incurred by the Pittsylvania County
Sheriff’s Office, or by any volunteer fire or rescue squad, or by any combination of the foregoing:
(1) The provisions of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-
738.02, or 46.2-341.24, of the Code of Virginia, 1950, as amended, or any succeeding sections
thereof, or a similar ordinance, when such operation of a motor vehicle, engine, train, or
watercraft, while so impaired is the proximate cause of the accident or incident;
(2) The provisions of Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title 46.2 of the Code
of Virginia, 1950, as amended, or any succeeding sections thereof, or a similar ordinance, relating
to reckless driving, when such reckless driving is the proximate cause of the accident or incident;
and
(3) The provisions of § 46.2-894 of the Code of Virginia, 1950, as amended, or any
succeeding sections thereof, or a similar ordinance, relating to improperly leaving the scene of an
accident.
(B) Personal liability under this section for reasonable expenses of an appropriate emergency
response pursuant to subsection (a) shall not exceed $1,000 in the aggregate for a particular
accident, arrest, or incident occurring in Pittsylvania County. In determining the “reasonable
expenses,” Pittsylvania County may bill a flat fee of $350. As used in this section, “appropriate
emergency response” includes all costs of providing law-enforcement, fire-fighting, rescue, and
emergency medical services. The Court may order as restitution the reasonable expenses
incurred by Pittsylvania County, or responding law enforcement, fire-fighting, rescue and
emergency medical services. (B.S.M 11/18/14)
SEC. 9-88. - 9-99. RESERVED.
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Article IV.
Parking
SEC. 9-100. GENERAL PROHIBITIONS.
A. It shall be unlawful for any person to park a motor vehicle:
1. Reserved
2. In front of a public or private driveway
3. Reserved
4. Within fifteen (15) feet of a fire hydrant or fire department connection or in any
manner so as to obstruct a fire hydrant or fire department connection.
5. Within fifteen (15) feet of the entrance to a fire station or rescue squad building
6. Reserved
7. Reserved
8. Reserved
9. At any place where official signs prohibit parking.
10. Reserved
State law reference(s) --General authority of county to regulate parking, Code of Virginia,
Section 46.1220.
SEC. 9-101. PROHIBITED WITHIN TRAVEL AND FIRE LANES OF CERTAIN
PARKING LOTS.
No person shall stand or park a motor vehicle within any fire lane established and designated in a
parking lot or travel lane open to the public.
State law reference(s) -- Authority for above section, Code of Virginia, Section 46.2-1220.
SEC. 9-102. PARKING FOR COMMERCIAL PURPOSES.
It shall be unlawful for any person, association or corporation to park automobiles, trucks, or any
other automotive equipment on or alongside the roads, highways and streets of the county or of
the state, in the county, when such person, association or corporation is parking any such
automobile, truck or automotive equipment in pursuance of commercial purposes. The provisions
of this section shall not apply to motor vehicle carriers when picking up or discharging
passengers.
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State law reference(s) -- Authority for above section, Code of Virginia, Section 46.2-1224.
SEC. 9-103. UNAUTHORIZED PARKING IN SPACE RESERVED FOR
HANDICAPPED.
A. It shall be unlawful for any operator of a motor vehicle to park in a parking space
identified by an above-grade sign as Reserved for the handicapped, except:
1. A person possessing a special handicapped vehicle parking permit issued by the
commissioner of motor vehicles pursuant to Section 46.2-1241 of the Code of
Virginia or a person transporting by passenger car, van or pickup truck the holder
of any such permit, which permit shall be displayed in the window of the vehicle
transporting the holder of the permit in order to permit the vehicle to park lawfully
in a parking space Reserved for the handicapped;
2. A handicapped person driving a motor vehicle displaying state license plates
designated for handicapped persons or a state decal issued to handicapped persons
and issued pursuant to Section 46.2-731 of the Code of Virginia, or a person
transporting a handicapped person in a motor vehicle displaying such license
plates or decals; or
3. A disabled veteran driving a motor vehicle displaying special license plates issued
pursuant to Section 46.2-739 of the Code of Virginia or a person transporting a
disabled veteran in a motor vehicle displaying such special license plates.
B. Any law enforcement officer may issue a summons or parking ticket charging a person
parking
in violation of paragraph (a) of this section, or if such person is not known, then the
registered
owner of the motor vehicle parked in violation of paragraph (a).
C. Violation of the provisions of paragraph (a) of this section shall be a traffic infraction
punishable by a fine of not more than one hundred ($100.00) dollars.
D. The owner or duly authorized agent of a private parking space, or an agent of a public
authority having control of a public space, which space is properly designated and marked
for handicapped parking, shall have authority to have any vehicle not displaying
handicapped parking permits or plates as described in paragraph (a) removed and stored.
Possession may be regained by payment to the person who removed the vehicle of all
reasonable costs for the removal and storage. The vehicle owner may contest the removal
in the manner provided by Section 46.2-1246 of the Code of Virginia, 1950, as amended.
SEC. 9-104. UNAUTHORIZED PARKING OR LEAVING OF VEHICLES ON PRIVATE
PROPERTY.
No person shall park or leave a motor vehicle, trailer, semi-trailer, or part of a motor vehicle,
trailer, or semi-trailer on any private property in excess of seventy-two (72) hours, without the
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express or implied consent of the owner thereof. Whenever signs or markings have been erected
on any such property, contiguous or adjacent to a street, road or alley indicating that no vehicles
are permitted to stand or park thereon in excess of seventy-two (72) hours, it shall be unlawful for
any person to drive a vehicle across any curb or lot line or over any driveway from a street, road
or alley into such property for the purpose of standing or parking such vehicle. (See Section 9-
147 of this Code)
State law reference(s) -- Authority to regulate parking or leaving of a vehicle on owned
property, Code of Virginia, Sections 46.2-1215.
SEC. 9-105. REGULATING PARKING OF VEHICLES ON COUNTY OWNED
PROPERTY.
Parking of vehicles on the parking lot adjacent to the Martin Agricultural Center, at the corner of
Main and Center Streets, and the additional Martin Agricultural Center parking lot at the
northwest quadrant of the site shall be as follows:
a. The parking area bounded on the east by Main Street and the south by Center Street, in the
Town of Chatham, shall be for the patrons, guests and general business visitors of the
agricultural facilities in the Martin Center, and for the use of the public at large, provided,
however, that the County Administrator is authorized and empowered to draft and submit
to the Board regulations regarding the time, hours, parking spaces and other controlled
factors therein, which shall become effective upon approval by the Board and posting a
concise digest thereof in a prominent and conspicuous position on the site.
b. The parking area at the northwest quadrant of the Martin Agricultural site shall likewise
be for the patrons, guests and general business visitors of the Martin Agricultural facility.
The County Administrator is authorized and empowered, but not required, to erect a sign
or other notice with respect to the rules and regulations which may, from time to time, be
drafted by the Administrator and approved by the Board for this site.
c. All County owned or leased property to the east of the Circuit Courthouse, north of Bank
Street, west of the County School Board administration facilities, and south of the County
owned lot presently under lease to the Town of Chatham, shall be for general public
parking, provided that the County Administrator is authorized and empowered to select
and restrict suitable parking areas and post the same as restricted for use by the Sheriff's
Department, local police and any other emergency or law enforcement vehicles as may be
requisite in and about the operation and maintenance of the County jail, magistrate's office
and law enforcement facilities.
d. The County Administrator is authorized and empowered to draft and submit to the Board
for approval rules and regulations for the control of all of the said parking facilities,
including the establishment and enforcement procedures for fines and costs for violation of
the same. All such regulations and rules, or a concise statement of the parking regulations
and directions, shall be posted at a prominent and conspicuous location on the sites and
shall be enforced thereafter.
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e. Nothing herein contained shall be construed to authorize or permit the assignment or
delegation of specific or Reserved parking areas for any person or office holder, employee
or staff member, (except as provided in paragraph (c) above without the express approval
of the Board.
f. The County Administrator is authorized to collect non-contested fines as may be
established in the rules and regulations to administer the parking facilities and to cause to
be issued summons or complaints for violation thereof, all in accordance with Section
46.1-254 of the Code of Virginia, 1950, as amended.
g. Violations of any of the rules and regulations as adopted and posted shall be a
misdemeanor and shall be punished by such fine as shall be, from time to time, established
in the rules and regulations approved by the Board. (B.S.M. 12-1-08)
State law reference(s) -- Authority to regulate parking on county-owned property, Code of
Virginia, Sections 46.2-1221 and 46.2-1225.
SEC. 9-106. ISSUANCE OF PARKING CITATIONS.
This article shall be enforced by the Pittsylvania County Sheriffs Office.
SEC. 9-107. PENALTY FOR VIOLATIONS OF ARTICLE; CONTEST OF PARKING
CITATIONS.
A. The violation of any provision of this article shall be a traffic infraction punishable by a
fine as follows:
1. If the fine is paid to the treasurer, who is hereby designated as the local
administrative official for the purposes of this article, prior to the issuance of the
notice required by Section 9-108(a), the fine shall be ten ($10.00) dollars, except
the fine for violations of Sections 9-100(a) (4), 9-100(a)(5) or 9-101, which shall
be fifty ($50.00) dollars, and the fine for violation of Section 9-103, which shall be
up to one hundred ($100.00) dollars.
2. If the fine is paid after the issuance by the local administrative official of the
notice required by Section 9-108(a), but prior to the issuance of a court summons,
the fine shall be the amount set forth above, plus three ($3.00) dollars.
3. If a court summons is issued, but the summons is not contested, the fine shall be
twenty-four ($24.00) dollars, plus court costs, except for violations of Sections 9-
100(a)(4), 9-100(a)(5) or 9-101, which shall be seventy-five ($75.00) dollars, plus
court costs, or for violations of Section 9-103, which shall be one hundred fifty
($150.00) dollars, plus court costs.
4. If a court summons is issued and the summons is contested, upon conviction the
fine shall be an amount not to exceed one hundred ($100.00) dollars, plus court
costs, or for violations of Section 9-103, for which the fine shall be an amount not
less than one hundred ($100.00) dollars, and not to exceed five hundred ($500.00)
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dollars, plus court costs.
B. The uncontested payment of parking citation penalties shall be collected and accounted
for by the local administrative official.
C. The contest by any person of any parking citation shall be certified in writing, on an
appropriate form, to the general district court by the local administrative official.
SEC. 9-108. PROCEDURES IN CASE OF DELINQUENT PARKING CITATION.
A. Where any parking citation remains unpaid for more than ten (10) days after its issuance,
the local administrative official shall, on a form to be provided by the county, notify the
violator by certified mail at his last known address or at the address shown for such
violator on the records of the state department of motor vehicles, that the violator may pay
the fine provided by law for such violation within ten (10) days of the mailing of such
notice and if such fine is not paid within the time so prescribed, that the officer issuing the
summons shall be notified that the violator has failed to pay such fine within the time so
prescribed, and a summons will be issued by the general district court. Such notice shall
be contained in an envelope bearing the words "Law Enforcement Notice" stamped or
printed on the face thereof in type at least one-half inch in height.
B. After notice has been mailed as required by subsection (a) of this section, and payment
has not been received by the local administrative official within the time prescribed, the
local administrative official shall certify by affidavit to the clerk of the General District
Court, that he mailed the required notice to the violator and that the fine remains unpaid.
C. The local administrative official shall cause complaints, summons or warrants to be issued
for delinquent parking citations in accordance with Sections 9-106 through 9-108.
SEC. 9-109. PRESUMPTION IN PROSECUTIONS FOR PARKING VIOLATIONS.
In any prosecution charging a violation of any parking provision contained in this article, proof
that the vehicle described in the complaint, summons or warrant was parked in violation of such
regulation, together with proof that the defendant was at the time of such parking the registered
owner of the vehicle, as required by chapter 6 of title 46.2 of the Code of Virginia, 1950, as
amended shall
constitute in evidence a prima facie rebuttable presumption that such registered owner of the
vehicle was the person who parked the vehicle at the place where, and for the time during which,
such violation occurred.
State law reference(s) -- Similar provisions, Code of Virginia, Section 46.2-1220.
SEC. 9-110. PARKING IN CERTAIN LOCATIONS.
No person shall park a vehicle or permit it to stand, whether attended or unattended, on a highway in front
of a private driveway, within 15 feet of a fire hydrant or the entrance to a fire station, within 15 feet of the
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entrance to a plainly designated emergency medical services agency, or within 20 feet from the
intersection of curb lines or, if none, then within 15 feet of the intersection of property lines at any
highway intersection.
SEC. 9-111- 9-119. RESERVED
Article V. (Reserved)
SEC. 9-120. – 9-150. RESERVED
Article VI. (Reserved)
SEC. 9-151. - 9-175. RESERVED
Article VII.
TRAFFIC SCHOOL
SEC. 9-176. PITTSYLVANIA COUNTY DRIVER IMPROVEMENT SCHOOL.
An ordinance to provide for the establishment within Pittsylvania County of a traffic school to be
known as Pittsylvania County Driver Improvement School, at which there shall be given
instructions concerning laws and ordinances; for the regulation of vehicular traffic, safe operation
of vehicles, and such other subjects as may be prescribed.
The direction and conduct of such school in Pittsylvania County shall be vested in the
Pittsylvania County Court and the Pittsylvania County Juvenile and Domestic Relations Court,
both of which Courts shall provide for the supervision and control of such school, the days and
hours when it shall be conducted, and the personnel who are to be instructors thereof.
ARTICLE VIII.
VIDEO-MONITORING SYSTEM
Sec. 9-201. Definitions.
For the purposes of this article and, unless otherwise required by the context, “video-monitoring
system” shall mean a system with one (1) or more camera sensors and computers installed and
operated on a school bus that produces live and recorded video of motor vehicles being operated
in violation of Virginia Code § 46.2-859. Such system shall, at a minimum, produce a recorded
image of the license plate and shall record the activation status of at least one (1) warning device
as prescribed in Virginia Code § 46.2-1090 and the time, date, and location of the vehicle when
the image is recorded.
Sec. 9-202. Authorization.
A. Authorization. Pursuant to Virginia Code § 46.2-844, the County authorizes the School
Division to install and operate video-monitoring systems in or on the Division’s school buses.
B. Private Entities. Pursuant to the Virginia Public Procurement Act, the School Division may
enter into an Agreement with a private entity to provide the video-monitoring systems and all
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related support services, to include consulting, operations, and administration for the purpose of
recording violations of Virginia Code § 46.2-844 (A). A private entity may not obtain records on
behalf of the County regarding the registered owners of vehicles captured by a video-monitoring
system. Only a law enforcement officer employed by the County may issue a civil summons or
ticket pursuant to this Article.
C. Restricted Collection of Information. Personal information collected by a video-monitoring
system installed and operated pursuant to this Article shall be limited exclusively to that
information that is necessary for the enforcement of violations of Virginia Code §§ 46.2-844 (A)
or 46.2-859.
Sec. 903. Passing Stopped School Buses Violations; Civil Penalty.
A. Elements of Violation. The operator of a vehicle will be deemed to be in violation of this
Section if such vehicle is found, as evidenced from a video-monitoring system, to have failed to
stop such vehicle when approaching, from any direction, any school bus which is stopped on any
highway, private road, or school driveway for the purpose of taking on or discharging children,
the elderly, or mentally or physically handicapped persons, and the vehicle fails to remain
stopped until all such persons are clear of the highway, private road, or school driveway and the
bus is put in motion.
B. Evidence of violation. In any prosecution for which a civil summons is issued within ten (10)
days of the alleged violation, proof that the motor vehicle described in the summons was operated
in violation of this Section, together with proof that the Defendant was at the time of such
violation the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of
Virginia, 1950, as amended, shall give rise to a rebuttable presumption that the registered owner
of the vehicle was the person who operated the vehicle at the place where, and for the time during
which, the violation occurred.
The testimony of the school bus driver, the supervisor of school buses, or a law-enforcement
officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with
warning devices as prescribed in Virginia Code § 46.2-1090 is prima facie evidence that the
vehicle is a school bus.
C. Civil Summons. A civil summons shall contain, at a minimum, the following information: (i)
the name and address of the person charged; (ii) the nature of the violation and the Section of this
Chapter allegedly violated; (iii) the location and date that the violation occurred or was observed;
(iv) the amount of the civil penalty for the violation; (v) the manner, location, and time in which
the civil penalty may be paid to the County; and (vi) the right of the recipient of the summons or
ticket to elect to stand trial and that a signature to an admission of liability will have the same
force and effect as a judgment of a court. If the person issued a summons does not admit to
liability and pay the civil penalty, the person may be served with a summons pursuant to Virginia
Code § 19.2-74 to appear in court for trial.
D. Civil Penalties. The operator of a vehicle deemed to be in violation of this Section shall be
subject to the following:
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1. Amount of Civil Penalty. Any violation of this Section shall be subject to a civil penalty of
two hundred and fifty dollars ($250.00), payable to Pittsylvania County Public Schools.
2. Civil Penalties are in lieu of Criminal Penalties. A civil penalty imposed pursuant to this
Section is a bar to a prosecution or proceeding under Virginia Code § 46.2-859 for the same act.
(B.S.M. 11/28/2017)
Effective Dates
The above Ordinance is amended and provided for pursuant to Section 46.1-16.1 of the Code of
Virginia, 1950, as amended. (B.S.M. 6-3-69)
The amendments to existing ordinances or establishment of ordinances as provided for in the
Chapter are, by act of the Board of Supervisors, effective October 1, 2002.
Article II, Sec. 9-49 adopted by the Board of Supervisors on June 21, 2005 and became effective July
1, 2005.
Article II, Sec. 9-46 through 9-58 adopted by the Board of Supervisors on, October 2, 2006.
Article II, Sec. 9-49 amended by the Board of Supervisors on December 4, 2006.
Amended by the Board of Supervisors on April 17, 2007.
Amended by the Board of Supervisors on November 20, 2007.
Amended by the Board of Supervisors on June 2, 2008.
Article II, Sec. 9-46 through 9-55 amended by the Board of Supervisors on April 6, 2009.
Article II, Sec. 9-50(h) amended by the Board of Supervisors on September 8, 2009.
Article I, Sec. 9-53 amended by the Board of Supervisors 10-16-2012.
Article II, Sec. 9-54 amended by the Board of Supervisors 11-03-2014.
Article III, Sec. 9-87 amended by the Board of Supervisors 11-18-2014.
Article VIII, Sec 201-203 Adopted by the Board of Supervisors 11-28-2017.
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PITTSYLVANIA COUNTY CODE
CHAPTER 12
OFFENSES
§ 12-1. Reserved
§ 12-2. Carrying Concealed Weapons
§ 12-3. Collision with or Damage to Channel Markers on Smith Mt. Lake
§ 12-4. Drinking in a Public School
§ 12-5. Fireworks
§ 12-6. Hunting on Highways
§ 12-7. Marathon or Walking Contest
§ 12-8. Misdemeanor
§ 12-9. Solicitors and Peddlers
§ 12-10. Profane Swearing and Drunkenness
§ 12-11. Public Dance Halls
§ 12-12. Anti-Noise Ordinance
§ 12-13. Bingo and Raffles
§ 12-14. Obstruction of Passage and Loitering
§ 12-15. Obscenity
§ 12-16. Reimbursement of Expenses Incurred in Responding to Terrorism Hoax Incident,
Bomb Threat, or Malicious Activation of Fire Alarm
§ 12-17. Methamphetamine Lab Cleanup Cost
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§ 12-18. Preventing Interference with Pupils at Schools or Operation of School Bus
§ 12-19. Designation of Sheriff to Enforce Trespass Violations
§ 12-20. Disposal of Unclaimed Property in Possession of Sheriff
§ 12-21. Open Burning
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CHAPTER 12
OFFENSES
SEC. 12-1. RESERVED
(B.S.M. 12-5-11)
SEC. 12-2. CARRYING CONCEALED WEAPONS.
If any person carry about his person, hid from common observation, any pistol, dirk, bowie
knife, switchblade knife, razor, slug shot, metal knuckles, or any weapon of like kind, he
shall upon conviction thereof be fined not less than twenty (20) dollars nor more than five
hundred ($500.00) dollars, and, in the discretion of the jury or the court trying the case with
a jury, may, in addition thereto, be committed to jail for not more than twelve (12) months,
and such pistol, dirk, bowie knife, switchblade knife, razor slug shot, metal knuckles, or
weapon of like kind, shall by order of the court be forfeited to the Commonwealth and may
be seized by an officer as forfeited, and such as may be needed for police officers and
conservators of the peace shall be devoted to that purpose, and the remainder shall be
destroyed by the officer having them in charge.
(B.S.M. 8-5-64)
SEC. 12-3. COLLISION WITH OR DAMAGE TO CHANNEL MARKERS ON
SMITH MOUNTAIN LAKE.
No person shall take possession of, or build upon, alter, deface, destroy, move, injure,
obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the
usefulness of any channel marker on Smith Mountain Lake established and maintained by
the Counties of Bedford, Campbell, Franklin, and Pittsylvania.
Every person and every corporation that shall violate, or that shall knowingly aid, abet,
authorize, or instigate a violation of the provisions of this section shall by guilty of a
misdemeanor, and on conviction thereof shall be punished by a fine not exceeding three
hundred ($300.00) dollars or by imprisonment (in case of a natural person) for not more than
thirty (30) days, or both.
The penalty provisions of this Section may be waived as to any person or corporation who
shall within five (5) days report any such damage to the nearest Sheriff of Bedford,
Campbell, Franklin, or Pittsylvania Counties, in addition to such accident report as may be
required by State Statute and provide security for such repairs or replacement as may be
necessary. (B.S.M. 1-2-68)
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SEC. 12-4. DRINKING IN A PUBLIC SCHOOL.
If any person in any public free school or any public free school grounds, during school
hours or school or student activities shall take a drink of any alcoholic beverage or have in
his possession any alcoholic beverage, he shall be guilty of a misdemeanor and fined not less
than ten ($10.00) dollars, nor more than one hundred ($100.00) dollars. (B.S.M. 12-7-70)
SEC. 12-5. FIREWORKS.
1. It shall be unlawful for any person, firm or corporation to possess, transport,
manufacture, store, sell, offer for sale, expose for sale, or buy, use, ignite, or explode
any firecracker, torpedo, skyrocket or other substance or thing, of whatever form of
construction containing nitrates, chlorates, oxalates, sulphids of lead, barium,
antimony, nitroglycerine, phosphorous, or any other explosive or inflammable
compound or substance, and intended, or commonly known as fireworks.
2. Any person convicted of a violation of this ordinance shall be punished by a fine not
exceeding three hundred ($300.00) dollars or confinement in jail not exceeding thirty
(30) days, either or both.
3. This ordinance shall not apply to “see page 50”, sparklers, caps for pistols, nor to any
articles commonly known as display fireworks which are not explosive.
4. In addition to its general application this ordinance shall apply to interstate
commerce.
5. The provisions of this ordinance are severable and if any provision shall be declared
invalid, this shall not affect the other provisions of this ordinance.
6. The articles enumerated above, the possession, storage or use of which is prohibited
are hereby declared contraband, all property rights therein are forfeited and the Court
shall, in cases of conviction, order said articles to be destroyed by Law Enforcement
Officers. (B.S.M. 11-5-45) (B.S.M. 11-13-45) (B.S.M. 12-2-46) (B.S.M. 12-11-50)
(B.S.M. 2-6-52)
SEC. 12-6. HUNTING ON HIGHWAYS OR HIGHWAY RIGHT OF WAYS.
(a) Hunting or attempting to hunt, with a firearm of any game bird or game animal while
the hunting or attempting to hunt is on the highway or right of way of the same in
Pittsylvania County is prohibited.
(b) Any violation of this ordinance shall be punishable as a Class 3 misdemeanor.
(c) The term “hunt” or “attempt to hunt” shall not include the necessary crossing of such
highways for the boa fide purpose of going into or leaving a lawful hunting area.
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Authority: Virginia Code Section 29.1-526 (B.S.M. 4-6-92)
SEC. 12-7. MARATHON OR WALKING CONTEST.
1. It shall be unlawful for any person, firm or corporation engaged in the operation of
any marathon or walking contest, performance or exhibition held in the County of
Pittsylvania, to operate or conduct the same between the hours of 6 p.m. and 8 a.m.
of the following day.
2. It shall be unlawful for any person to participate in any marathon or walking contest,
marathon dance, walkathon or other similar physical endurance contest, performance
or exhibition in the County of Pittsylvania between the hours of 6 p.m. and 8 a.m. of
the following day.
3. Any person, firm or corporation violating the provisions of this ordinance shall upon
conviction, be liable to a fine of not less than ten ($10.00) dollars nor more than fifty
($50.00) for each offense, and in addition may, in the discretion of the Justice or
Court trying the case be confined in the County Jail for a period of not more than
thirty (30) days, for each offense. Each day’s continuance to violate the provisions of
this ordinance shall be deemed a separate offense. (B.S.M. 8-5-35)
SEC. 12-8. MISDEMEANOR.
A misdemeanor for which no punishment or no maximum punishment is prescribed by
ordinance shall be punished by fine not exceeding five hundred ($500.00) dollars or
confinement in jail not exceeding twelve (12) months, or both, in the discretion of the jury or
of the court trying the case without jury. (B.S.M. 2-2-65)
SEC. 12-9. SOLICITORS AND PEDDLERS.
SEC. 12-9.1. DEFINITIONS.
For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Canvasser or solicitor. Any individual, whether a resident of the County or not, traveling
either by foot, wagon, automobile, motor truck, or any other type of conveyance from house-
to-house, or from street-to-street, taking or attempting to take orders for sales of goods,
wares, or merchandise, subscriptions, personal property of any nature whatsoever for future
delivery, or for services to be furnished or performed in the future whether such individual
has, carries, or exposes for sale, a sample of such sale or whether he/she is collecting
advance payments on such sales This definition shall include any person who, for
himself/herself or for any other person, corporation or organization, hires, leases, uses, or
occupies any building, structure, lodging house, apartment, shop, or any other place within
the County for the sole purpose of exhibiting samples and taking orders for future delivery.
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House. Any single or multifamily private dwelling.
Peddler. Any person, whether a County resident or not, traveling by foot, wagon,
automotive vehicle, motor truck, or any other type of conveyance, from house-to-house, or
from street-to-street, carrying, conveying, or transporting goods, wares, and merchandise,
offering and exposing the same for sale, or making sales or delivering articles to purchasers,
or who, by traveling from house-to-house, shall sell or offer the same for sale from a wagon,
automotive vehicle, motor truck, railroad car, or other vehicle or conveyance; provided that
one who solicits orders and, as a separate transaction, makes deliveries to purchasers as a
part of the scheme or design to evade the provisions of this chapter, shall be deemed a
peddler subject to the provisions of this chapter. The word "peddler" shall also include the
words "hawker" and "huckster."
Peddler, solicitor, or canvasser. The terms "peddler," "solicitor," or "canvasser" shall not be
construed to include the following:
(1) Farmers or traveling gardeners selling, offering for sale, or soliciting orders for any
products grown, raised, or produced by them.
(2) Vendors of milk, butter, eggs, poultry, fish, oysters, game, meat, ice, wood, charcoal,
or other family supplies of a perishable nature.
(3) Persons peddling, soliciting, or canvassing, where the proceeds derived therefrom are
to be used for charitable purposes on behalf of a nonprofit charitable, civic, or
religious organization, who have means of official identification provided by such
organization.
(4) Persons peddling, soliciting, or canvassing, or on behalf of qualified and filed
candidate(s) for public office, a political party, or referendum.
(5) Salesmen or agents for wholesale houses or firms who solicit orders from or sell to
retail dealers in the County for resale or other commercial purposes, or to
manufacturers for manufacturing or other commercial purposes.
(6) Children of or under seventeen (17) years of age, except when they are acting as
agents of adults covered by this article.
(7) Newspaper delivery men/women on a regular route.
(8) Route deliverymen/deliverywomen who make regular deliveries to regular customers
and whose solicitation is only incidental to their regular deliveries.
(9) Persons licensed under the provisions of Title 38.2, Code of Virginia, 1950, as
amended.
(10) Persons who visit residential premises at the request or invitation of the owner or
occupant thereof.
SEC. 12-9.2. CERTIFICATE OF REGISTRATION REQUIRED.
It shall be unlawful for any solicitor, canvasser, or peddler, as defined in section 12-9.1, to
engage in such activity within the meaning and application of this chapter within the County
limits without first obtaining and possessing a valid registration certificate therefore in
compliance with the provisions of this chapter.
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SEC. 12-9.3. PERMIT-APPLICATION GENERALLY.
(a) An application for a permit required by this chapter shall be made to the Sheriff for the
County of Pittsylvania, Virginia (“Sheriff”), or his/her designee. Such application shall
be sworn to and filed with the Sheriff, or his/her designee, at least fifteen (15) days
prior to the time at which the permit applied for shall become effective. The application
shall contain the following information, or in lieu thereof, a detailed statement of the
reasons why such information cannot be furnished:
(1) The name, address, or headquarters of the person applying for the permit.
(2) If the applicant is not an individual, the names and addresses of the applicant's
principal officers and managers and a copy of the resolution, if any, authorizing
such solicitation, certified to as a true and correct copy of the original by the office
having charge of the applicant's records.
(3) The make, model, vehicle identification number, and license plate of any vehicle
used in conducting the solicitation.
(4) The kinds of goods, wares, or merchandise offered for sale, and whether such
applicant, upon any such order obtained, will demand, accept, or receive
payment or deposit of money in advance of final delivery.
(5) The period of time the applicant wishes to solicit to take orders in the County,
giving the preferred dates for the beginning and ending of such solicitation.
(6) The names and addresses of the person(s) who will be in direct charge of
conducting the solicitation, and the names of all promoters, peddlers, solicitors, or
canvassers connected, or to be connected, with the proposed solicitation.
(7) An outline of the method or methods to be used in conducting the solicitation.
(8) A statement to the effect that, if a permit is granted, it will not be used or
represented in any way as an endorsement by the County, or by any department or
officer thereof.
(9) A statement as to whether the applicant, or all promoters, peddlers, solicitors, or
canvassers connected, or to be connected, with the proposed solicitation has ever
been convicted of a felony or a misdemeanor involving moral turpitude and, if so,
under what circumstances.
(10) Such other information as may be reasonably required by the Sheriff, or his/her
designee, in order to determine the kind and character of the proposed solicitation,
and whether such solicitation is in the interest of and not inimical to the public
welfare.
(b) If, while any application is pending, or during the term of any permit granted thereon,
there is any change in fact, policy, or method that would alter the information given in
the application, the applicant shall notify the administrator in writing thereof within
twenty-four (24) hours after such change.
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SEC. 12-9.4. STANDARDS FOR GRANTING CERTIFICATE OF REGISTRATION;
ISSUANCE OR DENIAL OF SAME.
(a) A certificate of registration shall be granted unless the Sheriff, or his/her designee,
finds:
(1) That the criminal record of the applicant, or any promoters, peddlers, solicitors, or
canvassers connected, or to be connected, with the proposed solicitation, shows
that he/she/they has been convicted (including pleas of nolo contendere and
forfeitures) of a crime involving moral turpitude or of a felony.
(2) That the applicant, or any promoters, peddlers, solicitors, or canvassers connected,
or to be connected, with the proposed solicitation has been convicted (including
pleas of nolo contendere and forfeitures) of more than one (1) misdemeanor,
excluding motor vehicle code violations.
(3) That the applicant, or any promoters, peddlers, solicitors, or canvassers connected,
or to be connected, with the proposed solicitation has made a false, fraudulent, or
misleading material statement in his/her/their application.
(4) That the applicant, or any promoters, peddlers, solicitors, or canvassers connected,
or to be connected, with the proposed solicitation, has been convicted (including
pleas of nolo contendere and forfeitures) of a violation of the laws of any
jurisdiction relating to selling, vending, soliciting, peddling, hawking, or
canvassing.
(5) That the applicant, or any promoters, peddlers, solicitors, or canvassers connected,
or to be connected, with the proposed solicitation, has been convicted of a crime
involving a fraud upon any person, whether or not such fraud was perpetrated in
the course of his/her/their conducting a solicitation activity.
(b) The Sheriff, or his/her designee, shall file in his/her office, for public inspection, and
shall serve upon the applicant, by registered mail, a written statement of facts and
his/her decision upon each application.
SEC. 12-9.5. APPLICANT'S PHOTOGRAPH, IDENTIFICATION, REFERENCES,
AND FINGERPRINTS.
(a) All applications for a permit under this chapter shall be accompanied by a photograph
of the applicant, and any and all other promoters, peddlers, solicitors, or canvassers
connected, or to be connected, with the proposed solicitation, two (2) forms of official
U.S. government identifications for each of the aforementioned persons, and two (2)
written references as to his, her, or their, good character; all photographs of the
aforementioned persons shall be attached to the application.
(b) All applicants, or any promoters, peddlers, solicitors, or canvassers connected, or to be
connected, with the proposed solicitation, for a permit under this chapter shall be
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fingerprinted by the Pittsylvania County Sheriff’s Office, which department shall send
the prints to the Federal Bureau of Investigation for checking.
SEC. 12-9.6. APPLICANT'S BOND.
If the application filed pursuant to this chapter shows that the applicant filing the same will
receive, demand, or accept the payment or deposit of money in advance of final delivery of
goods, wares, merchandise, magazines, photographs, or other articles, such application shall
be accompanied by a bond in the penal sum of one thousand five hundred dollars
($1,500.00), or by a certified check in the same amount. Such bond shall be executed by the
applicant as principal, and a surety company licensed to do business as such in the state, and
shall be approved as to form by the County Attorney. Such bond shall be conditioned upon
making final delivery of such goods, wares, merchandise, magazines, photographs, or other
articles in accordance with the terms of any order(s) obtained. Such bonds shall be for the
use and benefit of all persons who pay in advance or make an advance deposit on the
purchase price of such order(s), and the terms of such bond shall so stipulate; any such bond
or check shall be held to a period not to exceed sixty (60) days after final delivery of all such
goods, wares, merchandise, photographs, or other articles.
SEC. 12-9.7. MISREPRESENTATION IN APPLICATION.
No person shall make any false or misleading statement or misrepresentation in any
application filed under this chapter. Violations of this provision shall be a Class 1
misdemeanor punishable in accordance with section 18-14 of this chapter.
SEC. 12-9.8. FEE.
The fee for a permit required by this chapter shall be twenty dollars ($20.00), which shall be
paid at the time the permit application is filed. Such fee is nonrefundable.
SEC. 12-9.9. TERM.
No permit granted under this chapter shall be issued for a longer period than ninety (90)
days.
SEC. 12-9.10. PERMIT AS SOLICITATION IDENTIFICATION CARD.
In the event a permit is obtained under this chapter, such permit shall constitute an
identification card, and shall be carried and prominently displayed on the outermost layer of
clothing by all person(s) obtaining such permit at all times while engaged in soliciting or
taking orders pursuant thereto. It shall be the duty of the permittee to have sufficient copies
of the permit made in order to provide one (1) to each employee soliciting under the permit
and each employee shall carry such copy while soliciting. It shall be the duty of each person
soliciting pursuant to such permit to exhibit the same when requested by any County
resident, law enforcement officer, or prospective customer.
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SEC. 12-9.11. EXHIBITION OR USE OF ANOTHER PERSON'S PERMIT OR
ALTERED PERMIT.
No person shall exhibit or use any permit that has been issued to another person under this
chapter. This prohibition does not apply to an employee using or exhibiting a copy of such a
permit pursuant to section 12-9.12. Nor shall any person exhibit or use a permit issued
under this chapter that has been altered.
SEC. 12-9.12. PERMIT DENIAL; APPLICATION FOR RELIEF.
(a) Upon denying a permit applied for under this chapter, the Sheriff, or his/her designee,
shall promptly notify the permit applicant.
(b) Within five (5) days after receiving notification that the application for a permit to
solicit under this chapter has been denied, the applicant may file a written request for a
hearing on the application before the Board of Supervisors of the County of
Pittsylvania, Virginia (the “Board of Supervisors”), together with written exceptions to
the findings of fact upon which the Sheriff, or his/her designee, based the denial. Upon
the filing of such a request, the Board of Supervisors shall fix a time and place for the
hearing and shall notify the applicant thereof. The hearing shall be held within thirty
(30) days after the request is filed. At the hearing, the applicant may present evidence
in support of the application. Any interested person may, in the discretion of the Board
of Supervisors, be allowed to participate in the hearing and present evidence in
opposition to or support of the application.
(c) Within twenty-one (21) days after the conclusion of the hearing provided for in
subsection (b), the Board of Supervisors shall either grant or deny the application for a
permit.
SEC. 12-9.13. SUPERVISION OF PERMITTEE; REVOCATION OF PERMIT.
Whenever it shall be shown, or whenever the Sheriff, or his/her designee, has knowledge,
that any person to whom a permit has been issued under this article has engaged in any
fraudulent practice or misrepresentation, has violated any of the provisions of this chapter,
or that any person, employee or solicitor of a permit holder has misrepresented the purpose
of the solicitation, the Sheriff, or his/her designee, shall immediately suspend the permit and
give the permit holder written notice, by registered or certified mail, of a hearing to be held
within five (5) working days of such suspension to determine whether the permit should be
revoked. The notice shall contain a statement of the facts upon which the Sheriff, or his/her
designee, based the suspension of the permit, and any other facts which may aid the Sheriff,
or his/her designee, in determining whether this chapter has been violated and whether the
purpose of the solicitation has been misrepresented. If, after such hearing, the Sheriff, or
his/her designee, finds that this chapter has been violated, or the purpose of the solicitation
misrepresented, he/she shall, within five (5) days after the hearing, file in his/her office for
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public inspection and serve upon the permit holder and all interested persons participating in
the hearing, a full written statement of the facts upon which he/she based such finding and
shall immediately revoke the permit, and refer the matter to the Pittsylvania
Commonwealth’s Attorney’s Office for it to determination as to whether or not to proceed
with criminal prosecution for violation of the terms of this Ordinance or any and all other
pertinent laws of the Commonwealth of Virginia. If, after such hearing, the Sheriff, or
his/her designee, finds the chapter has not been violated, the Sheriff, or his/her designee,
shall, within two (2) days after the hearing, give to the permit holder a written statement
canceling the permit suspension and stating that no violation or misrepresentation was
found.
SEC. 12-9.14. PENALTY.
Any person who shall violate any of the provisions of this chapter shall be guilty of a Class 1
misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine up to two
thousand five hundred dollars ($2,500.00) or undergo imprisonment for not more than
twelve (12) months, or both.
SEC. 12-9.15. SEVERABILITY.
If any provision of this chapter, or the application of such provision to any person or under
any circumstances shall be invalid, the remainder of this chapter, or the application of such
provisions to persons or under circumstances, other than those than those to which it shall
have been held invalid, shall not be affected thereby.
(B.S.M. 4-17-12)
SEC. 12-10. PROFANE.
1. If a person arrived at the age of discretion profanely curses or swears or gets to be
drunk in public, he shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not less than one (1) nor more than twenty-five ($25.00)
dollars.
2. If any person shall be convicted for being drunk in public three times within one (1)
year in this State, upon the third (3rd) or subsequent conviction for such offense
within the period of one (1) year, such person may be punished by imprisonment in
jail for not more than six (6) months or by a fine of not more than fifty ($50.00)
dollars, or by both such fine and imprisonment. (B.S.M. 10-6-64)
SEC. 12-11. PUBLIC DANCE HALLS.
1. Public dance halls, as hereinafter defined, shall be closed at 12:00, midnight, on
Monday, Tuesday, Wednesday, Thursday and Friday nights of each week, and
remain closed until 8:00 o’clock a.m. the following morning; and on Saturday night
of each week said dance halls shall be close at 12:00 o’clock, midnight, and remain
closed until 8:00 a.m. the following Monday morning.
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2. Any person, firm or corporation operating a public dance hall, as hereinafter defined,
during the hours prohibited above, shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not less than fifty ($50.00) dollars nor more than
five hundred ($500.00) dollars for each offense.
3. A public dance hall, as used herein, shall be construed to mean any place open to the
general public where dancing is permitted to which an admission fee is charged or
for which compensation is in any manner received either directly or indirectly by
cover charge or otherwise, or where refreshments or food of any form of
merchandise are served for compensation before, during or after dancing, the sale of
any refreshments, food or any form of merchandise at any such place or the
exhibiting of such for sale shall be deemed direct compensation for any such dance
hall within the meaning of this section.
4. This ordinance shall not apply to dances held for benevolent or charitable purposes
or to dances conducted under the auspices of religious, educational, civic, or military
organizations. (B.S.M. 6-2-54)
PUBLIC DANCE HALL ORDINANCE
No person, firm, association, or corporation shall operate or conduct a public dance hall, as
herein defined, in Pittsylvania County unless a permit for such operation has been obtained
from the County Administrator of Pittsylvania County.
Any person, firm, association, or corporation desiring a permit to operate or conduct a public
dance hall shall make a written application to the County Administrator of Pittsylvania
County. The application must be made by the owner, lessee, or person, firm, association or
corporation having legal control and possession of the premises sought to be used as public
dance hall. The application shall state: (1) the name and address of the applicant or
applicants; (2) the location of the premises sought to be used as a public dance hall; (3) the
applicant’s interest in the premise to be used as a public dance hall; (4) whether the applicant
or applicants have been convicted of a crime punishable as a felony in the State of Virginia,
and if so, the date of such conviction and the offense; (5) a request for issuance of a public
dance hall permit; and (6) the signature of the applicant or applicants.
The County Administrator shall interview the applicant and if satisfied that the written
application is accurate and that the applicant has produced written evidence that the Building
Code Administrator, the local Director of Public Health, and the Fire Marshall have
approved the proposed site as meeting local standards for public health and safety, shall
issue to the applicant a permit to conduct a public dance hall within the confines of
Pittsylvania County at the location of the premises described in the application.
Any permit issued under this Section may be revoked upon petition made to the Board of
Supervisors of Pittsylvania County. Upon filing of a petition seeking revocation of a permit,
a copy of the petition shall be served on the person, firm, association, or corporation to
whom the permit was issued in the manner provided for service of process in civil cases.
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The Board shall set a date for hearing evidence pertaining to the revocation of the permit,
allowing a reasonable time, after service of the petition upon the person or entity to whom
the permit was issued, for said person or entity to be present and to offer evidence at said
hearing in opposition to the revocation. A permit shall not be revoked except for the
following grounds:
1. Violation of the Alcoholic Beverage Control Laws of the Commonwealth of Virginia
by the person or entity to which the permit was issued, or the employee of such
person or entity;
2. Violation of any statute or ordinance by the person or entity to which the permit was
issued, if the violation of such statute or ordinance would be punishable as a felony
in the Commonwealth of Virginia;
3. Violation of any building, safety, health, or fire code or regulation pertaining to the
public dance hall premises;
4. Violation of the provisions of this Section pertaining to the hours and times of
operation of a public dance hall; and
5. Failure to pay the license tax prescribed for the operation of a public dance hall.
Every person, firm, association, or corporation to whom a Public Dance Hall Permit has
been issued shall pay an annual license tax to Pittsylvania County of four hundred and fifty
$450.00 dollars so long as the public dance hall remains in operation. If the Public Dance
Hall Permit for particular premises is issued to more than one (1) applicant, any one license
tax shall be levied but each applicant shall be jointly and severally liable for the entire
license tax due. The license tax prescribed in this Section shall be due on January (1st) of
each year of operation. It shall be unlawful for any person, firm, association, or corporation
to operate or conduct a public dance hall when the license tax prescribed in this Section has
not been paid.
It shall be unlawful for any person, firm, association, or corporation to operate or conduct a
public dance hall between the hours of 1:00 a.m. and 10:00 a.m.
A public dance hall, within the meaning of this Section, shall be construed to mean any
place open to the general public where dancing is permitted to which an admission fee is
charged or for which compensation is in any manner received either directly or indirectly by
cover charge or otherwise, or where refreshments of food or any form of merchandise are
served for compensation before, during or after dancing. The sale of any refreshments, food
or any form of merchandise at any such place or the exhibiting of such for sale shall be
deemed direct compensation for any such dance hall within the meaning of this Section.
Any person, firm, association, or corporation violating any of the provisions of this Section
shall be guilty of a misdemeanor; and upon conviction thereof, shall be fiend not more than
five hundred ($500.00) dollars; and each day’s operation shall constitute a separate offense
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provided that the provisions of this Section shall not apply to dances held for benevolent or
charitable purposes, or when the same are conducted under the auspices of religious,
educational, civic, or military organizations.
Any person, firm, association, or corporation operating or conducting a public dance hall in
Pittsylvania County prior to the effective date of this Section without a permit issued by the
County Administrator of Pittsylvania County, shall nevertheless comply with all the
provisions herein after the effective date of this Section.
Any person, firm, association, or corporation operating or conducting a public dance hall in
Pittsylvania County prior to the effective date of this Section, who has previously been
issued a permit for such purpose by the Circuit Court of Pittsylvania County, shall not be
required to apply to the County Administrator for another permit as prescribed in this
Section, but shall nevertheless comply with all other provisions herein after the effective
date of this Section.
Adopted: July 5, 1988
SEC. 12-12. ANTI-NOISE ORDINANCE.
It shall be unlawful for any person to make, continue to make, or cause to be made, by any
device, instrument, vehicle or machinery, or any other method, any excessive, unnecessary
or unreasonably loud noise, or noises, which endangers the health, safety or welfare of the
residents of Pittsylvania County.
Any person violating any provision of this ordinance shall be deemed guilty of a
misdemeanor punishable by a fine of not more than five hundred $500.00 dollars. Each day
such violation is committed or permitted to continue shall constitute a separate offense.
The operation or maintenance of any device, instrument, vehicle, or machinery in violation
of this ordinance which endangers the health, safety or welfare of the residents of
Pittsylvania County shall be deemed, and is declared to be, a public nuisance and subject to
abatement by restraining order or injunction issued by a court of competent jurisdiction.
The above ordinance was adopted by the Board of Supervisors of Pittsylvania County on
July 5, 1983 and is effective upon the date of adoption.
SEC. 12-13. BINGO AND RAFFLES.
No person or organization shall conduct any Bingo game or raffle except in accordance with
provisions of the Code of Virginia and this Section.
1. No person may manage, operate or conduct Bingo games of raffles for more than one (1)
organization.
2. Any organization which conducts Bingo games or raffles shall have as membership
consisting of at least fifty (50%) percent of the residents of the Commonwealth of
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Virginia, and shall furnish a complete list of its membership to the hereafter designated
official, in order for the local governing body to ascertain the percentage of Virginia
residents.
3. Any organization whose gross receipts from all Bingo operations exceed or can be
expected to exceed seventy-five thousand ($75,000.00) dollars in any calendar year shall
have been granted tax-exempt status pursuant to Section 501 (c) of the United States
Internal Revenue Code. At the same time exempt status is sought from the Internal
Revenue Service, the same documentation may be filed with the hereafter designated
local official in order to apply for an interim certification of tax-exempt status. Upon
review of such documentation, the local governing body may, upon recommendation of
the hereafter designated official, issue its determination of tax-exempt status within sixty
(60) days of the receipt of such documentation. This interim certification of tax-exempt
status shall only be valid until such time as the Internal Revenue Service issues its
determination of tax-exempt status, or for eighteen (18) months, whichever is earlier.
a. A fee of two hundred fifty ($250.00) Dollars shall be paid to the Board of
Supervisors upon the filing of such documentation to help defray the costs of such
interim certification of tax-exempt status.
4. As a condition of receiving the permit, the permittee shall use 10 of its gross receipts
from all Bingo games or raffles for (i) those lawful, religious, charitable, community, or
educational purposes for which the organization is specifically chartered or organized or
(ii) those expenses relating to the acquisition, construction, maintenance, or repair of any
interest in the real property involving the operation of the organization and used for
lawful, religious, charitable, community, or educational purposes.
5. All reports required and filed pursuant to Section 18.2-340.6, Code of Virginia, 1950, as
amended shall be audited by an independent auditor or accountant designated by the
hereafter designated local official; however, any report filed by an organization with
gross receipts of less than two thousand ($2,000.00) dollars for the designated reporting
period shall be exempt from the audit requirement.
a. The actual cost of said audit shall be paid by the organization, by an audit fee which
shall accompany each annual report submitted, in the amount of two (2%) percent of
the gross receipts which an organization reports and the interest income on money
that the organization has received from Bingo or instant Bingo operations. If the
actual costs of the audit are less than said two (2%) percent, any excess payment
shall be reimbursed by the local official to the organization. If the actual costs of the
audit exceeds the two (2%) percent, any unpaid balance of the cost of the audit shall
be paid prior to approval of said audit.
6. The Commissioner of Revenue of Pittsylvania County, Virginia is hereby designated the
local official for enforcement of this ordinance and the provisions of the Code of
Virginia concerning Bingo games, instant Bingo, raffles, jackpots, and any other game of
chance conducted by any person or organization and regulated by the Code of Virginia.
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7. Upon compliance by the applicant with the provisions of this Section and with the
provisions of Article 1.1, Chapter 8, Title 18.2, Code of Virginia, 1950, as amended, and
at the discretion of the designated local official, a permit as applied for may be issued.
All permits shall be subject to reasonable regulation by the designated local official to
ensure the public safety and welfare in the operation of Bingo games and raffles.
(B.S.M. 7-5-95)
SEC. 12-14. OBSTRUCTION OF PASSAGE AND LOITERING.
SEC. 12-14.1. OBSTRUCTION OF PASSAGE.
It is unlawful for any person or persons in any public place or on any public property or any
private property open to the public to unreasonably or unnecessarily obstruct the free
passage of other persons to and from or within such place or property and when requested to
do so by the owner or lessee or agent or employee of such owner or lessee or by a duly
authorized law enforcement officer, a person or persons who fail or refuse to cease such
obstruction or move on when requested to do so, shall be guilty of a Class I misdemeanor.
Nothing in this section shall be construed to prohibit lawful picketing. Authority, Section
15.2-925, Code of Virginia, 1950, as amended.
SEC. 12-14.2. LOITERING.
It is unlawful for any person or persons to loiter around public buildings or corridors or
doorways or on public property or, on private property open to the public, nor shall such
person or persons loiter in such manner and method as to prevent free access by employees,
agents, or the public at large to such building or place or in such manner as shall, in fact,
interfere with the conduct of any such business or activity conducted in such building or
place. Violation of this section shall constitute a Class 2 misdemeanor. Authority, Section
15.2-926, Code of Virginia, 1950, as amended. (B.S.M. 10-19-04)
SEC. 12-15. OBSCENITY*.
*State law references: Authority of the Board of Supervisors to adopt ordinance similar to
provisions of this chapter, Code of Virginia, §15.2-926.2
Art. I. In General, §15.1-15.12
Art. II Offenses Relating to Juveniles, §15.3-15.19
Article I.
IN GENERAL
SEC. 12-15.1. VIOLATIONS OF CHAPTER GENERALLY.
Unless otherwise specifically provided, a violation of any provision of this chapter shall
constitute a Class 1 misdemeanor.
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State law references: Similar provisions with respect to violations of state law on obscenity
Code of Virginia, §18.2-380.
SEC. 12-15.2. “OBSCENE” DEFINED.
The word “obscene”, where it appears in this chapter, shall mean that which, considered as a
whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is,
a shameful or morbid interest in nudity, sexual excitement, excretory functions or products
thereof or sadomasochistic abuse, and which goes substantially beyond customary limits or
candor in description or representation of such matters and which, taken as a whole, does not
have serious literary, artistic, political or scientific value.
State law references: Similar provisions, Code of Virginia, §18.2-372.
SEC. 12-15.3. OBSCENE ITEMS ENUMERATED.
Obscene items shall include:
(1) Any obscene book; or
(2) Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper
sticker, drawing, photograph, film, negative, slide, motion picture, videotape
recording; or
(3) Any obscene figure, object, article, instrument, novelty device or recording or
transcription used or intended to be used in disseminating any obscene song,
ballad, words or sounds.
(4) Any obscene writing, picture or similar visual representation, or sound
recording, stored in an electronic or other medium retrievable in a
perceivable form.
State law references: Similar provisions, Code of Virginia §18.2-373.
SEC. 12-15.4. PRODUCTION, PUBLICATION, SALE, POSSESSION, ETC., OF
OBSCENE ITEMS.
(a) It shall be unlawful for any person knowingly to:
(1) Prepare any obscene item for the purposes of sale or distribution; or
(2) Print, copy, manufacture, produce or reproduce any obscene item for
purposes of sale or distribution; or
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(3) Publish, sell, rent, lend, transport in intra-county commerce or distribute
exhibit any obscene item, or offer to do any of these things; or
(4) Have in his possession, with intent to sell, rent, lend, transport or distribute
any obscene item.
(b) Possession in public or in a public place of any obscene item shall be deemed prima
facie evidence of a violation of this section.
(c) For the purposes of this section, “distribute” shall mean delivery in person, by mail,
messenger or by any other means by which obscene items may pass from one person
to another.
State law references: Similar provisions, Code of Virginia, §18.2-374.
SEC. 12-15.5. OBSCENE EXHIBITIONS AND PERFORMANCES GENERALLY.
It shall be unlawful for any person knowingly to:
(1) Produce, promote, prepare, present, manage, direct, carry on or participate in any
obscene exhibition or performance, including the exhibition or performance of any
obscene motion picture, play, drama, show entertainment, exposition, tableau or
scene; provided, that no employee of any person or legal entity operating a theatre,
garden, building, structure, room or place which presents such obscene exhibition or
performance shall be subject to prosecution under this section, if the employee is not
the manager of the theatre or an officer of such entity, and has no financial interest in
such theatre other than receiving salary and wages; or
(2) Own, lease or manage any theatre, garden, building, structure, room or place and
lease, let, lend or permit such theatre, garden, building, structure, room or place to be
used for the purpose of presenting such obscene exhibition or performance or to fail
to post prominently therein the name and address of a person resident in the locality
who is the manager of such theatre, garden, building, structure, room or place.
State law references: Similar provisions, Code of Virginia, §18.2-375.
SEC. 12-15.6. ADVERTISING OBSCENE ITEMS, EXHIBITIONS OR
PERFORMANCES GENERALLY.
It shall be unlawful for any person knowingly to prepare, print, publish or circulate, or cause
to be prepared, printed, published or circulated, any notice or advertisement of any obscene
item referred to in Section 15.3 or of any obscene performance or exhibition referred to in
Sections 15.4 and 15.5, stating or indicating where such obscene item, exhibition or
performance may be purchased, obtained, seen or heard.
State law references: Similar provisions, Code of Virginia, §18.2-376.
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SEC. 12-15.7. OBSCENE PLACARDS, POSTERS, BILLS, ETC.
It shall be unlawful for any person knowingly to expose, place, display, post up, exhibit,
paint, print or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted,
printed or marked, in or on any building, structure, billboard, wall or fence, or on any street
or in or upon any public place, any placard, poster, banner, bill, writing or picture which is
obscene or which advertises or promotes any obscene item referred to in Section 15.3 or any
obscene exhibition or performance referred to in Sections 15.4 and 15.5, or knowingly to
permit the same to be displayed on property belonging to or controlled by him.
State law references: Similar provisions, Code of Virginia, §18.2-377.
SEC. 12-15.8. COERCING ACCEPTANCE OF OBSCENE ARTICLES OR
PUBLICATIONS.
It shall be unlawful for any person, firm, association or corporation, as a condition to any
sale, allocation, consignment or delivery for resale or any paper, magazine, book, periodical
or publication, to require that the purchaser or consignee receive for resale any other article,
book or other publication which is obscene; nor shall any person, firm, association or
corporation deny or threaten to deny any franchise or impose or threaten to impose any
penalty, financial or otherwise, by reason of the failure or refusal or any person to accept
such articles, books or publications, or by reason of the return thereof.
State law references: Similar provisions, Code of Virginia, §18.2-378.
SEC. 12-15.9. OBSCENE PHOTOGRAPHS, SLIDES AND MOTION PICTURES.
Every person who knowingly:
(1) Photographs himself or any other person, for purposes of preparing an obscene film,
photograph, negative, slide or motion picture for purposes of sale or distribution; or
(2) Models, poses, acts or otherwise assists in the preparation of any obscene film,
photograph, negative, slide or motion picture for purposes of sale or distribution;
shall be guilty of a Class 3 misdemeanor.
State law references: Similar provisions, Code of Virginia, §18.2-382.
SEC. 12-15.10. INDECENT EXPOSURE.
Every person who intentionally makes an obscene display or exposure of his person, or the
private parts thereof, in any public place, or in any place where others are present, or
procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person
shall be deemed to be in violation of this section for breastfeeding a child in any public place
or any place where others are present.
State law references: Similar provisions, Code of Virginia, §18.2-387.
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SEC. 12-15.11. OBSCENE SEXUAL DISPLAY; PENALTY.
Any person who, while in any public place where others are present, intending that he be
seen by others, intentionally and obscenely as defined in Sections 15.9 and 15.10, engages in
actual or explicitly simulated acts of masturbation, is guilty of a Class 1 misdemeanor.
State law references: Similar provisions, Code of Virginia, §18.2-387.1.
SEC. 12-15.12. EXCEPTIONS FROM CHAPTER.
Nothing contained in this chapter shall be construed to apply to:
(1) The purchase, distribution, exhibition or loan of any book, magazine or other printed
or manuscript material by any library, school or institution or higher learning,
supported by public appropriation;
(2) The purchase, distribution, exhibition or loan of any work of art by any museum of
fine arts, school or institution of higher learning, supported by public appropriation;
(3) The exhibition or performance of any play, drama, tableau or motion picture by any
theatre, museum of fine arts, school or institution of higher learning, supported by
public appropriation.
State law references: Similar provisions, Code of Virginia, §18.2-383.
Article II.
OFFENSES RELATING TO JUVENILES
SEC. 12-15.13. DEFINITIONS.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Harmful to juveniles: That quality of any description or representation, in whatever form, of
nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
(1) Predominately appeals to the prurient, shameful or morbid interest of juveniles;
(2) Is patently offensive to prevailing standards in the adult community in the County as
a whole with respect to what is suitable material for juveniles; and
(3) Is, when taken as a whole, lacking in serious literary, artistic, political or scientific
value for juveniles.
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Juvenile: Any person less than eighteen (18) years of age.
Knowingly: Having general knowledge of, or reason to know, or a belief or ground for
belief which warrants further inspection or inquiry of both the character and content of any
material described herein, which is reasonably susceptible or examination by the defendant,
and the age of the juvenile; provided, however, that an honest mistake shall constitute an
excuse from liability hereunder if the defendant made a reasonable bona fide attempt to
ascertain the true are of such juvenile.
Nudity: A state of undress so as to expose the human male or female genitals, pubic area or
buttocks with less than a full opaque covering, or the showing of the female breast with less
than a fully opaque covering of any portion thereof below the top of the nipple, or the
depiction of covered or uncovered male genitals in a discernibly turgid state.
Sadomasochistic abuse: Actual or explicitly simulated flagellation or torture by or upon a
person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of
being fettered, bound or otherwise physically restrained on the part of one so clothed.
Sexual conduct: Actual or explicitly simulated acts of masturbation, homosexuality, sexual
intercourse or physical contact, in an act of apparent sexual stimulation or gratification, with
a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be female,
breast.
Sexual excitement: The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
State law references: Similar provisions, Code of Virginia, §18.2-390.
SEC. 12-15-14. EMPLOYING OR PERMITTING MINOR TO ASSIST IN
VIOLATION OF CHAPTER.
It shall be unlawful for any person knowingly to hire, employ, use or permit any minor to do
or assist in doing any act or thing constituting an offense under this chapter.
State law references: Similar provisions, Code of Virginia, §18.2-379
SEC. 12-15.15. UNLAWFUL SALES OR LOANS TO JUVENILES GENERALLY.
It shall be unlawful for any person to knowing sell, rent or loan to a juvenile, knowing or
having reason to know that such person is a juvenile, or to knowingly display for
commercial purpose in a manner whereby juveniles may examine and peruse:
(1) Any picture, photograph, drawing, sculpture, motion picture film or similar visual
representation or image of a person or portion of the human body which depicts
sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is
harmful to juveniles; or
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(2) Any book, pamphlet, magazine, printed matter, however reproduced, or sound
recording which contains any matter enumerated in paragraph (1) above, or explicit
and detailed verbal descriptions or narrative accounts of sexual excitement, sexual
conduct or sadomasochistic abuse and which, taken as a whole, is harmful to
juveniles.
However, if a person uses services of Internet service provider or an electronic mail service
provider in committing acts prohibited under this subsection, such Internet service provider
or electronic mail service provider shall not be held responsible for violating this
subsection.
State law references: Similar provisions, Code of Virginia, §18.2-391.
SEC. 15.15.1. REQUIREMENT TO DEMONSTRATE AGE.
No person shall sell, rent, or loan any item described in Section 15.15(1) or (2) to any
individual who does not demonstrate his age in accordance with the provisions of subsection
C of Virginia Code Section 18.2-371.2.
A person or separate retail establishment who violates this subsection shall be liable for a
civil penalty not to exceed one hundred dollars for a first violation, a civil penalty not to
exceed two hundred dollars for a second violation, a civil penalty not to exceed five hundred
dollars for a third of subsequent violation.
State law references: Similar provisions, Code of Virginia, § 18.2-391.
SEC. 12-15.16. ADMITTING JUVENILES TO PREMISES EXHIBITING OBSCENE
FILMS OR OTHER PRESENTATIONS; SUCH FILMS NOT TO BE VISIBLE TO
JUVENILES FROM PUBLIC WAY.
It shall be unlawful for any person to knowingly sell to a juvenile and admission ticket or
pass or to knowingly admit a juvenile to premises whereon there is exhibited a motion
picture, show or other presentation which, in whole or in part, depicts sexually explicit
nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, or to
exhibit any such motion picture at any such premises which are not designed to prevent
viewing from any public way of such motion picture by juveniles not admitted to such
premises.
State law references: Similar provisions, Code of Virginia, §18.2-391.
SEC. 12-15.17. MISREPRESENTATION TO PERSONS MENTIONED IN
SECTIONS 15.5, 15.7, 15.8 AND 15.9, AS TO JUVENILE’S AGE, ETC.
(a) It shall be unlawful for any juvenile to falsely represent to any person mentioned in
Sections 15.5, 15.7, 15.8 or 15.9, or to his agent, that such juvenile is eighteen (18)
years of age or older, with the intent to procure any material set forth in Sections
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15.4 and 15.9 or with the intent to procure such juvenile’s admission to any motion
picture, show or other presentation set forth in Section 15.5.
(b) It shall be unlawful for any person to knowingly make a false representation to any
person mentioned in Sections 15.5, 15.7, 15.8 or 15.9, or to his agent, that he is the
parent or intent to procure any material set forth in Sections 15.4, 15.7 and 15.8, or
with the intent to procure such juvenile’s admission to any motion picture, show or
other presentation set forth in Sections 15.4, 15.5 and 15.7.
State law references: Similar provisions, Code of Virginia, §18.2-391.
SEC. 12-15.18. DISPLAY OF OBSCENE MATERIALS AT BUSINESS
ESTABLISHMENTS OPEN TO JUVENILES.
It shall be unlawful for any person to exhibit, expose or display in public, at a newsstand or
any other business or commercial establishment frequented by juveniles or where juveniles
are or may be invited as part of the general public:
(1) Any picture, photograph, drawing, sculpture, motion picture film or similar visual
representation or image of a person or portion of the human body which depicts
nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles,
or
(2) Any book, pamphlet, magazine or printed matter, however reproduced, or sound
recording which contains any matter enumerated in paragraph (1) above, or explicit
and detailed verbal descriptions or narrative accounts of sexual excitement, sexual
conduct or sadomasochistic abuse and which, taken as a whole, is harmful to
juveniles.
SEC. 12-15.19. EXCEPTIONS FROM ARTICLE.
Nothing contained in this article shall be construed to apply to:
(1) The purchase, distribution, exhibition or loan of any work of art, book, magazine or
other printed or manuscript material by any accredited museum, library, school or
institution of higher learning.
(2) The exhibition or performance of any play, drama, tableau or motion picture by any
theatre, museum, school or institutions of higher learning, either supported by public
appropriation or which is an accredited institution supported by private funds.
State law references: Similar provisions, Code of Virginia, §18.2-391.1.
SEC. 12-16. REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING
TO TERRORISM HOAX INCIDENT, BOMB THREAT, OR MALICIOUS
ACTIVATION OF FIRE ALARM.
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Any person who is convicted of a violation of subsection B or C of § 18.2-46.6, Code of
Virginia, 1950, as amended, a felony violation of §§ 18.2-83 or 18.2-84, Code of Virginia,
1950, as amended, or a violation of § 18.2-212, Code of Virginia, 1950, as amended, when
his violation of such Section is the proximate cause of any incident resulting in an
appropriate emergency response, shall be liable at the time of sentencing or in a separate
civil action to the County or to any volunteer emergency medical services agency, or both,
which may provide such emergency response for the reasonable expense thereof, in an
amount not to exceed $2,500 in the aggregate for a particular incident occurring in the
County. In determining the "reasonable expense," the County may bill a flat fee of $250 or a
minute-by-minute accounting of the actual costs incurred. As used in this section,
"appropriate emergency response" includes all costs of providing law-enforcement,
firefighting, and emergency medical services. The provisions of this Section shall not
preempt or limit any remedy available to the Commonwealth, to the County, or to any
volunteer emergency medical services agency to recover the reasonable expenses of an
emergency response to an incident not involving a terroristic hoax or an act undertaken in
violation of §§ 18.2-83, 18.2-84, or 18.2-212, Code of Virginia, 1950, as amended, as set
forth herein.
SEC. 12-17. METHAMPHETAMINE LAB CLEANUP COSTS.
Any person who is convicted of an offense for manufacture of methamphetamine pursuant
to §§ 18.2-248 or 18.2-248.03, Code of Virginia, 1950, as amended, shall be liable at the
time of sentencing or in a separate civil action to the County or to any other law-
enforcement entity for the expense in cleaning up any methamphetamine lab related to the
conviction. The amount charged shall not exceed the actual expenses associated with
cleanup, removal, or repair of the affected property or the replacement cost of personal
protective equipment used.
SEC. 12-18. PREVENTING INTERFERENCE WITH PUPILS AT SCHOOLS OR
OPERATION OF SCHOOL BUS.
Any person who improperly interferes with or annoys pupils attending any school in the
County, or interferes with the operation of any school bus situated in the County shall be
guilty of a Class 1 Misdemeanor.
SEC. 12-19. DESIGNATION OF SHERIFF TO ENFORCE TRESPASS
VIOLATIONS.
The owner, lessee, custodian, or person lawfully in charge as those terms are used in § 18.2-
119, Code of Virginia, 1950, as amended, of real property may designate the Sheriff, or
other local law-enforcement agency, as a "person lawfully in charge of the property" for the
purpose of forbidding another to go or remain upon the lands, buildings or premises as
specified in the designation. Said designation shall be in writing and on file with the Sheriff
or other local law-enforcement agency.
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SEC. 12-20. DISPOSAL OF UNCLAIMED PROPERTY IN POSSESSION OF
SHERIFF.
This Section details the public sale or the retention for use by the law-enforcement agency,
of any unclaimed personal property which has been in the possession of its law-enforcement
agencies and unclaimed for a period of more than sixty (60) days, after payment of a
reasonable storage fee to the Sheriff or other agency storing such property. No storage fee
shall be charged or accounted for if such property has been stored by and is to be retained by
the Sheriff's office or other law-enforcement agency. As used herein, "unclaimed personal
property" shall be any personal property belonging to another which has been acquired by a
law-enforcement officer pursuant to his duties, which is not needed in any criminal
prosecution, which has not been claimed by its rightful owner and which the State Treasurer
has indicated will be declined if remitted under the Uniform Disposition of Unclaimed
Property Act (§ 55-210.1 et seq., Code of Virginia, 1950, as amended). Unclaimed bicycles
and mopeds may also be disposed of in accordance with § 15.2-1720, Code of Virginia,
1950, as amended. Unclaimed firearms may also be disposed of in accordance with § 15.2-
1721, Code of Virginia, 1950, as amended.
Prior to the sale or retention for use by the law-enforcement agency of any unclaimed item,
the Sheriff, or his duly authorized agent(s), shall make reasonable attempts to notify the
rightful owner of the property, obtain from the Commonwealth’s Attorney, in writing, a
statement advising that the item is not needed in any criminal prosecution, and cause to be
published in a newspaper of general circulation in the County once a week for two (2)
successive weeks, Notice that there will be a public display and sale of unclaimed personal
property. Such property, including property selected for retention by the law-enforcement
agency, shall be described generally in the Notice, together with the date, time, and place of
the sale and shall be made available for public viewing at the sale. The Sheriff, or his duly
authorized agent(s), shall pay from the proceeds of sale the costs of advertisement, removal,
storage, investigation as to ownership and liens, and Notice of Sale. The balance of the
funds shall be held by the Sheriff for the owner and paid to the owner upon satisfactory
proof of ownership. Any unclaimed item retained for use by the law-enforcement agency
shall become the property of the County served by the agency and shall be retained only if,
in the opinion of the Sheriff, there is a legitimate use for the property by the agency and that
retention of the item is a more economical alternative than purchase of a similar or
equivalent item.
If no claim has been made by the owner for the property or proceeds of such sale within
sixty (60) days of the sale, the remaining funds shall be deposited in the County’s General
Fund and the retained property may be placed into use by the law-enforcement agency. Any
such owner shall be entitled to apply to the County within three (3) years from the date of
the sale and, if timely application is made therefor and satisfactory proof of ownership of the
funds or property is made, the County shall pay the remaining proceeds of the sale or return
the property to the owner without interest or other charges or compensation No claim shall
be made nor any suit, action, or proceeding be instituted for the recovery of such funds or
property after three (3) years from the date of the sale. (B.S.M 07/16/2019)
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SEC. 12-21. OPEN BURNING.
A.Location. The location for open burning shall be not less than 50 feet (15 240 mm) from any
structure, and provisions shall be made to prevent the fire from spreading to within 50 feet
(15 240 mm) of any structure.
Exceptions:
1. Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.
2. The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile
size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.
B.Bonfires. A bonfire shall not be conducted within 50 feet (15 240 mm) of a structure or
combustible material unless the fire is contained in a barbecue pit. Conditions that could
cause a fire to spread within 50 feet (15 240 mm) of a structure shall be eliminated prior to
ignition.
Effective Dates
Adopted by the Board of Supervisors 9-21-10.
Amended by the Board of Supervisors 11-16-10.
Amended by the Board of Supervisors 12-5-11.
Amended by the Board of Supervisors 4-17-12.
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PITTSYLVANIA COUNTY CODE
CHAPTER 17
SOLID WASTE DISPOSAL
Article I.
General Considerations
§ 17-1. Title and Purpose.
§ 17-2. Definitions Article II. Containers, Storage, Collection, and Disposal of Solid Waste.
Article II.
Containers, Storage, Collection, and Disposal of Solid Waste
§ 17- 3. Sanitary Refuse Containers.
§ 17- 4. Pittsylvania County Landfill.
§ 17- 5. Collection Licenses.
§ 17- 6. Disposal of Solid Waste.
§ 17- 7. Appeals.
§ 17- 8. Penalties.
§ 17- 9. User Limitation.
§ 17-10. Severability.
Article III.
Solid Waste Disposal Fee
§ 17-11. Title; Incorporation of State Code.
§ 17-12. Solid Waste Disposal Fee; Fee Schedule; Use of Fee; Effective Date.
§ 17-13. Payment of Solid Waste Disposal Fee.
§ 17-14. Collection of Solid Waste Disposal Fee; Commission.
§ 17-15. Due Date for Solid Waste Disposal Fee.
§ 17-16. Application of Solid Waste Disposal Fee to Towns in County.
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§ 17-17. Late Payment Provisions, Lien.
§ 17-18. Solid Waste Disposal Fee Exemptions.
§ 17-19. Reserved.
§ 17-20. Solid Waste Disposal Regulations; Scavenging; Ownership of Solid Waste.
§ 17-21. Violations of Chapter/Article; Penalties.
§ 17-22. Severability.
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CHAPTER 17
SOLID WASTE DISPOSAL
Article I.
General Considerations
SEC. 17-1. TITLE AND PURPOSE.
This Ordinance shall be known as the "Solid Waste Disposal Ordinance of Pittsylvania County."
The Board of Supervisors of Pittsylvania County, Virginia, acknowledges that landfill space is a
limited and valuable resource. To that end, this resource be best utilized to provide for the health,
safety, and welfare of County citizens. It is the desire of the Board of Supervisors that this resource
be used in such a manner as to provide for the disposal of only acceptable waste, and to provide
for an orderly method of the generation, storage, collection, and disposal of solid waste, such that
the environment is enhanced, and the health, safety, and welfare of the citizens of Pittsylvania
County is protected.
SEC. 17-2. DEFINITIONS.
A. “Person” shall include any person, persons, association, partnership, firm or corporation.
B. “Disposal” shall mean the disposition of solid waste.
C. “Solid Waste” shall mean all refuse except body wastes, and sludges, and shall include garbage
and rubbish.
D. “Garbage” shall mean all animal, vegetable, and mineral wastes resulting from the handling,
preparation, cooking or consumption of foods.
E. “Residents” shall mean those persons residing in Pittsylvania County, unless otherwise
designated herein.
F. “Sanitary Landfill” shall mean that site or those sites operated by and established by Pittsylvania
County and permitted by the Department of Environmental Quality of the Commonwealth of
Virginia for the disposal of solid waste.
G. “Industrial Waste” means all solid waste resulting from manufacturing and industrial processes
such as, but not limited to, those carried on in factories, processing plants, refineries, slaughter
houses, and mills.
H. “Words or Terms” words in the present tense shall include the future; words in the singular
shall include the plural and vice versa; the masculine shall include the feminine and the neuter, the
word “shall” mandatory and not discretionary, and reference to this ordinance includes all
ordinances amending or supplementing the same.
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I. “Commercial Hauler” shall mean any person, partnership, corporation, business firm, or
organized system in operation to make pickups of solid waste or garbage for disposal and charges
a fee or tax for the service, including such non-licensed services as maybe performed by town or
city departments or their employees. The term “Commercial Hauler” shall not mean any individual
Residential Hauler as that term is defined herein, or the Department of Public Works of Pittsylvania
County, Virginia. (B.S.M. 10/17/06)
J. “Household Solid Waste” shall mean solid waste generated solely by residential use, and shall
not include any industrial waste, agricultural waste, as defined in the Virginia Department of
Environmental Quality, Solid Waste Management Regulations, as amended, or hazardous waste
as defined herein. Carpet shall be deemed household solid waste if it is disposed of by the occupant
and/or owner of the residential dwelling. Residential construction and/or demolition waste, create
by and disposed of by the occupant and/or owner of his/her dwelling, shall be deemed household
solid waste. (B.S.M. 1/21/14)
K. “Individual Residential Hauler” shall mean a citizen who resides in Pittsylvania County,
Virginia, who hauls only household solid waste generated solely in the household in which that
individual resides and does not do so for profit. It shall be unlawful to place dead animals, manure,
brush, wood, tires or hazardous waste in any refuse container.
L. “Acceptable Waste” means non-hazardous “municipal solid waste,” “industrial waste,” and
“agricultural waste,” “construction waste,” “debris waste,” “demolition waste,” as defined in the
Virginia Department of Waste Management Solid Waste Management Regulations, amended, (the
“DWM Regulations”), and such other wastes as the County shall agree in writing to accept from
time to time, subject to such limitations and exclusions as are imposed by Applicable Law and
excluding all Unacceptable Wastes. (B.S.M. 10/17/06)
M. “Uninhabitable Dwelling” means any dwelling that is not suitable to live in as determined by
the County’s Building Official, or his/her designee, following an onsite inspection of the dwelling
due to conditions including, but not limited to, the following: having no heating system; having no
functional water or sewer system; not being structurally sound or safe for human occupancy;
having no operable electrical system or a disconnected electrical meter, or for any other reason
related to habitability as determined by the Building Official, or his/her designee.
Article II.
Containers; Storage; Collection; and Disposal of Solid Waste
SEC. 17-3. SANITARY REFUSE CONTAINERS.
A. Sanitary refuse containers may be provided by the County Government for household solid
waste and only for the use of the individual Pittsylvania County residential hauler.
B. No person shall dispose of any waste in sanitary refuse containers provided by the County
except for the individual residential hauler as defined herein, and no person shall deposit any waste
other than household solid waste as defined herein into any sanitary refuse container provided by
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the County. No commercial hauler shall dispose of solid waste in any collection container served
by the County's Solid Waste disposal trucks. (B.S.M. 8/18/98)
C. Commercial and industrial establishments may provide a suitable container and location for a
container which is to both be approved by the Director of Public Works if they choose to be
serviced by the County's Solid Waste disposal trucks. The rates for service to private containers
by the County waste disposal trucks shall be annually set by the Board of Supervisors.
*Fees will be due in advance each month. Company owned or privately-owned apartment
developments or trailer courts will be treated as commercial accounts.
D. The County shall not be responsible for damages to privately owned containers that are emptied
by the Solid Waste Department and the owners of such containers shall save the County harmless
against any liability or claim of liability relative to such containers.
E. Public picnic and campgrounds and/or recreation areas will be considered a residential user
provided no fees are charged for the use of the facilities.
F. Owners of containers shall maintain adequate servicing area as determined by the Director of
Public Works and be responsible for keeping the service area in a clean and orderly fashion.
G. No material outside the containers will be accepted, and where such material exists, the
perpetrator will be in violation of the County Ordinance on Solid Waste Disposal, Section 17-6.
H. Containers located in trailer parks shall be placed at or near entrance.
I. It shall be unlawful for any person to remove any refuse or other substance from such refuse
container. It shall likewise be unlawful for any person to stand or climb on or place himself, or
any other person, within or on any such refuse container.
*The foregoing shall not apply to any County employee in the course of regular duties or to any
other person authorized by the County Administrator or County Official in charge of the Solid
Waste Program.
J. All garbage shall be drained free of liquids before being placed in the refuse containers.
K. Reserved. (B.S.M. 11/20/18)
L. It shall be unlawful to place dead animals, manure, rubbish, tires or hazardous waste in any
refuse container. (B.S.M. 8/18/98)
M. It shall be unlawful to litter container sites or to place any solid waste outside the container.
N. Some of the container sites provided by the County also include sites for compactor units.
Compactor units are typified and defined as large, open sites for the disposal of household solid
waste, which includes a mechanical device for compacting solid waste. Compactor sites may also
include a large open top box for the disposal of household furniture and appliances generated solely
by residential use in the County by an individual residential hauler. Household furniture and
appliances shall be accepted and disposed of only in the open top boxes located at the compactor
sites, and only those generated by the individual common residential hauler. (B.S.M. 8/18/98)
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O. It shall be unlawful to place solid waste in any street, alley, and stream, body of water, woods,
or any other public place or upon private property. It shall be unlawful for the owner or the
occupant of any real property to allow solid waste to remain upon the property more than thirty
(30) days after the owner or occupant knew or reasonably should have known of the presence of
the solid waste. (B.S.M. 10/17/06)
1.) There shall be a rebuttable presumption that the owner and/or the occupant of real estate
has placed solid waste or has allowed solid waste to remain on the property in violation of
this Ordinance if solid waste remains on the property and visible from either a public right-
of-way, road, or adjoining property for thirty (30) days or longer. (B.S.M. 10/17/06)
2.) The owners of property therein shall, at such time or times as the Board of Supervisors
may prescribe, remove therefrom any and all trash, garbage, refuse, litter, and other like
substances which might endanger the health or safety of other residents of the County. The
County may, whenever the Board of Supervisors deems it necessary, after reasonable
notice, have such trash, garbage, refuse, litter, and other like substances which might
endanger the health of other County residents, removed by its own agents or employees, in
which event the cost or expenses thereof shall be chargeable to and paid by the owners of
such property and may be collected by the County as taxes are collected. (B.S.M. 5/16/06)
3.) Trash, garbage, refuse, litter, and other debris shall be disposed of in personally owned
or privately-owned receptacles that are provided for such use and for the use of the persons
disposing of such matter or in authorized facilities provided for such purpose and in no
other manner not authorized by law. (B.S.M. 5/16/06)
SEC. 17-4. PITTSYLVANIA COUNTY LANDFILL.
A. The Pittsylvania County Landfill shall be operated as an Enterprise Fund wherein all solid waste
received at the Pittsylvania County Landfill must be billed at the current approved tipping fee in
accordance with Section 17-4(C). Revenues to the Enterprise Fund shall be derived from the
County's consumer utility tax and the tipping fees.
B. No commercial hauler shall be permitted to dispose of solid waste in the Pittsylvania County
Landfill without having first entered into a written contract for such disposal with the Board of
Supervisors of Pittsylvania County, Virginia, acting through its duly authorized County
Administrator or his/her designee.
C. The fee for disposal of acceptable solid waste at the County Landfill shall be set annually by
the Board of Supervisors.
D. Incorporated Towns of Pittsylvania County will be charged a disposal fee in accordance with
Sections 17-4(A) and (C) provided the County does not collect a utility tax within the incorporated
Town limits. (B.S.M. 6/20/00)
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E. For County residents and County businesses only, tires may be disposed of only at the County
Landfill at a rate set annually by the Board of Supervisors. (B.S.M. 11/20/18)
F. Hazardous chemicals, liquid waste, hazardous waste, highly combustible waste, sludge, and
other semi-solid fluids shall not be accepted at the Pittsylvania County Sanitary Landfill except by
prior approval by the Board of Supervisors and shall be disposed of only as approved by the
Department of Environmental quality of the Commonwealth of Virginia. To this end, all waste
presented for disposal at the landfill may be inspected prior to disposal. All waste presented for
disposal shall be presented in such a manner as to allow for easy inspection. In the event that
unacceptable waste is detected or suspected, the County Administrator, Assistant County
Administrator, Director of Public Works, or head of operations at the landfill, or any designee
thereof, shall refuse to accept such waste for disposal, until such waste is determined to be
acceptable waste by analysis from the Department of Environmental Quality or its designee.
G. It shall be unlawful for any person to enter the area of the Pittsylvania County Sanitary Landfill
in which solid waste is deposited and remains uncovered and not buried who is not authorized by
the Director of Public Works, or the head of operations at the landfill, or any designee thereof. It
shall likewise be unlawful for any person to remove, disturb, or search in the solid waste or engage
in the practice of sorting through or scavenging in or about the solid waste deposited at the
Pittsylvania County Sanitary Landfill. The foregoing shall not apply to any County employee in
the regular course of his duties or any other person authorized by the County Administrator or
County official in charge of the Solid Waste program.
H. Regulations governing the Landfill shall be posted at the Landfill gate. The County
Administrator or other designee of the Board of Supervisors shall arrange special hours of
operations on Saturdays and holidays, as the need arises, and such special open hours shall be
reported to the public through the news media.
I. Solid waste tonnage accepted at the County Landfill shall be determined by the County’s Landfill
permit.
J. Subject to all conditions contained inappropriate in the State and Federal permits, an oil
recycling program for the citizens and commercial businesses of Pittsylvania County shall be
operated at the Pittsylvania County Landfill. The landfill operation manager, or his designated
assignee, in his sole discretion may reject or deny acceptance of any oil, for any of the following
reasons:
• Inability to inspect oil
• Suspicion of contamination
• Failure to submit documentation of origin
• Proof of residency. Failure to provide proof of residency
• Unavailable storage capacity at the landfill.
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• Any and all requirements placed on the County by the Department of Environmental
Quality, United States Environmental Protection Agency, or any other regulatory agency
with jurisdiction in the Commonwealth of Virginia. No oil shall be accepted from a
commercial hauler. (B.S.M. 8/18/98) 10
SEC 17-5. COLLECTION LICENSES
A. License Required. It shall be unlawful for any commercial hauler to collect, transport, or
dispose of any solid waste or recyclable material generated in the County, without first obtaining
a solid waste collection license from the Board of Supervisors.
B. Application. The applicant shall apply to the Commissioner of Revenue upon such forms as
required by the Commissioner. Each application shall contain the name, address, and telephone
number of the place where the applicant proposes to maintain his equipment and vehicles and the
number and description of vehicles to be used. Each application shall state the number and type
of vehicles, include their year, make, model, gross weight, tare weight, capacity, vehicle
identification number, and Virginia Department of Motor Vehicles (“DMV”) license number.
Each application shall state the type or types of solid waste to be collected, the manner of
collections, and the place and method of disposal.
C. Fee. The fee for a license required by this Section shall be fifty dollars ($50.00) per vehicle,
up to a maximum of two hundred fifty dollars ($250.00) per company. The fee shall be for all
vehicles operating within and registered with Virginia DMV to that company, as certified in the
license application. This fee may be modified from time-to-time by Board of Supervisor’s action.
All licenses shall be issued for the calendar year, or such portion thereof as shall remain after the
issuance thereof. There shall be no proration of the fee for a license issued after the beginning of
any calendar year.
D. Inspection of Vehicles and Premises. The County Administrator, or his/her duly authorized
representative, shall have the authority to inspect or cause an inspection of the premises and
vehicles named and described in the license application for the purpose of determining whether
the premises and vehicles comply with the provisions of this Article or any other Ordinance,
Resolution, and/or County regulation. If the Permit has been issued, the Permittee shall correct
any deficiencies immediately upon notification by the County, or its duly authorized
representative, and said vehicle shall not be used for refuse collection until the deficiencies have
been corrected.
E. Display/Possession of Permit. Each refuse collection vehicle must always have in its
possession a signed and validated copy of the approved Permit. Failure to present this approved
license at the weight scale building upon entering the County Landfill will result in that vehicle
being turned away and dumping of its contents will not be allowed.
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F. Annual Renewal. Each licensee see shall annually submit a renewal application of his/her
permit no later than the 1st of December by paying the current annual license fee. The annual
renewal application must indicate any changes from the original license application and must be
signed by a business owner.
G. Violation/Revocation/Penalties. If a licensed commercial hauler fails to follow these
regulations, the County reserves the right to impose reasonable fines and/or revoke the license to
operate within the County, subject to any appeal provisions described herein.
Penalties shall be as outlined in Sec. 17-21. Each day of failure to comply with the regulations
shall constitute a separate violation.
H. Minimum Standards. Any licensee as described herein who does not comply with the following
minimum standards shall be subject to suspension of the license issued under this Section:
1. Haulers transporting solid waste within the County shall prevent or remedy any spillage
from vehicles or containers used in the transport of such solid waste. The vehicles shall be securely
covered, watertight, strongly built, and kept thoroughly cleaned and well maintained. Except for
roll-offs, open trucks, or trucks covered with tarps will not be used for the collection of solid waste.
2. Solid waste shall be collected in vehicles which are suitable and dedicated for use in
performance of such collection, which bear prominent legible marking, signs, or decals identifying
them as being solid waste collection vehicles and bearing the name, address, and telephone number
of the licensed hauler.
3. Haulers shall maintain minimum liability coverage on each vehicle used for such
collection as mandated by the Commonwealth of Virginia.
4. The premises wherein vehicles, equipment, and offices are maintained shall be kept in
a clean and sanitary condition. An accumulation of solid waste or recyclable material which tends
to create a health problem or nuisance shall not be permitted on such premises.
5. All vehicles shall be emptied before being placed on the licensee's premises for
overnight parking (except for Sunday nights only, where the vehicle will be emptied first thing
Monday morning).
SEC. 17-6. DISPOSAL OF SOLID WASTE.
A. It shall be unlawful for commercial haulers to dump, burn, destroy, or otherwise dispose of
solid waste within the jurisdictional limits of the County of Pittsylvania, except at those sites so
approved by the County and permitted by the Department of Environmental Quality of the
Commonwealth of Virginia.
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B. It shall be unlawful for any person to place solid waste in any street, alley, stream, body of
water, woods, field, highway, ditch, or any other public place or upon private property except as
provided for in this ordinance. It shall be unlawful for the owner or the occupant of any real
property to allow solid waste to remain upon the property more than thirty (30) days after the
owner or occupant knew or reasonably should have known of the presence of the solid waste.
There shall be a rebuttable presumption that the owner and/or occupant of real estate has placed
solid waste or has allowed solid waste to remain on the property in violation of this Ordinance if
solid waste remains on the property and visible from either a public right-of-way, road, or
adjoining property for thirty (30) days or longer. (B.S.M. 10/17/06)
C. It shall be unlawful for licensed collectors or commercial haulers to dump, bury, burn, destroy,
or otherwise dispose of sludge within the jurisdictional limits of the County, except with the
expressed written permission of the Board of Supervisors, acting by and through its County
Administrator.
D. No owner or other person shall cause or permit open burning or the use of a special incineration
device for the destruction of rubber tires, asphaltic materials, crankcase oil, impregnated wood or
other rubber or petroleum-based materials except when conducting bona fide firefighting
instruction at firefighting training schools having permanent facilities.
SEC. 17-7. APPEALS.
Appeals from decisions of the County Administrator or other designee of the Board of Supervisors
in matters referred to above in this Ordinance may be appealed to the Board of Supervisors if such
is submitted in writing; delivered in person or by mail, within ten (10) days to the County
Administrator, and the decision of said Board as to such appeals duly noted shall be final.
SEC. 17-8. PENALTIES.
A. Any Owner of real property located in Pittsylvania County who, after reasonable notice, fails
to remove from said real property any and all trash, garbage, refuse, litter, and other substances
which might endanger the health and safety of other residents of Pittsylvania County shall be
subject to the penalty as provided for in Section 15.2-901(C), Code of Virginia, 1950, as amended.
B. It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter,
or other unsightly matter, on public property, including a public highway, right-of-way, property
adjacent to such highway or right-of-way, or on private property without the written consent of the
Owner thereof or his Agent. Any violation of this ordinance shall be punished as provided for in
Section 33.2-802, Code of Virginia, 1950, as amended. (B.S.M. 6/02/08)
SEC. 17-9. USER LIMITATION.
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Only solid waste originating within the County of Pittsylvania or one (1) or more of the
incorporated Towns therein, shall be accepted at the Pittsylvania County Landfill or collection
sites, unless the disposer of solid waste originating from outside of the County has entered into a
written Agreement with the County for a disposal rate to be annually set by the Board of
Supervisors. (B.S.M. 11/20/18)
SEC. 17-10. SEVERABILITY.
If any phrase, clause, sentence, paragraph, or Section of this Ordinance shall be declared
unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and Sections of this Ordinance.
Authority: Section 15.2-928, Code of Virginia, 1950, as amended; for penalty provisions see
Section 15.2-1429, Code of Virginia, 1950, as amended.
This Amended Ordinance was adopted by the Board of Supervisors on October 21, 1997. (B.S.M.
8/18/98); (B.S.M. 6/20/00); (B.S.M. 5/16/06); (B.S.M. 6/02/08); (B.S.M. 10/17/06); (B.S.M.
1/21/14); (B.S.M. 10/05/15) (B.S.M. 11/20/18).
Article III.
Solid Waste Disposal Fee
SEC. 17-11. TITLE; INCORPORATION OF STATE CODE.
This Article shall be known as the “Solid Waste Disposal Fee Ordinance” of the County of
Pittsylvania, Virginia. The terms and provisions of § 15.2-2159, Code of Virginia, 1950, as
amended, are adopted and incorporated herein by express reference and deemed a part of this
Article.
SEC. 17-12. SOLID WASTE DISPOSAL FEE; FEE SCHEDULE; USE OF FEE;
EFFECTIVE DATE.
Pursuant to the provisions of and authority contained in § 15.2-2159, Code of Virginia, 1950, as
amended, the Board of Supervisors does hereby establish a Solid Waste Disposal Fee. A Solid
Waste Disposal Fee Schedule shall be adopted annually by the Board of Supervisors via the Budget
Resolution. Said fee shall be effective immediately upon adoption by the Board of Supervisors,
and not exceed the actual cost incurred by Pittsylvania County (the “County”) in procuring,
developing, maintaining, and improving its Landfill and for such reserves as may be necessary for
capping and closing such Landfill in the future. The Solid Waste Disposal Fee shall also be able
to be used to purchase or subsidize the purchase of equipment used for the collection of residential
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solid waste disposed of at the County’s landfill. Such fee shall be deposited in a special account
to be expended only for the purposes for which it was levied.
SEC. 17-13. PAYMENT OF SOLID WASTE DISPOSAL FEE.
Unless specifically exempted in this Ordinance/Article, every person owning or operating any
house, apartment, rental house, rental residential unit, multiple residential units, trailer camp,
manufactured housing parks, or trailer court (“households”) in the County or the Towns contained
in the County shall pay said Solid Waste Disposal Fee based on said Solid Waste Disposal Fee
Schedule. Said fee shall be assessed, individually, to/for each rental unit/residence, rental and/or
non-rental.
SEC. 17-14. COLLECTION OF SOLID WASTE DISPOSAL FEE; COMMISSION.
The County may either collect the fee itself or enter into a contractual agreement to be negotiated
by the County Administrator, or his/her designee, with a public service corporation as set forth and
authorized in § 15.2-2159, Code of Virginia, 1950, as amended, for the collection of the fee. The
commission for such collection service shall not exceed five percent (5%) of the amount of the
fees due and collected.
SEC. 17-15. DUE DATE FOR SOLID WASTE DISPOSAL FEE.
Unless collected by a public service corporation pursuant to § 17-14 supra, an invoice for said fee
shall be included in the December tax assessment mailing. Payment of said fee shall be made to
the Pittsylvania County Treasurer’s Office. For FY 2018/19, unless exempted by § 17-15 infra,
households assessed the Solid Waste Disposal Fee shall pay the fee no later than the twentieth
(20th) day of December. For FY 2018/19 only, no late payment penalty and interest shall accrue
on the Solid Waste Disposal Fee. For all Fiscal Years after FY 2018/19, unless exempted by § 17-
15 infra, the Solid Waste Disposal Fee shall be billed twice annually, and all households assessed
the fee shall pay the fee no later than the twentieth (20th) of June and the twentieth (20th) of
December annually. Payment for the full amount of the annual Solid Waste Disposal Fee shall be
the responsibility of the owner of record of the household as of January 1st of the assessed property
for the corresponding year. There shall be no proration of the Solid Waste Disposal Fee.
SEC. 17-16. APPLICATION OF SOLID WASTE DISPOSAL FEE TO TOWNS IN
COUNTY.
Households located in the Towns of Hurt, Gretna, and Chatham shall also be assessed the Solid
Waste Disposal Fee in accordance with the provisions of this Article.
SEC. 17-17. LATE PAYMENT PROVISIONS; LIEN.
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A. If payment of the fee is not made, then a notice of delinquency will be mailed to each property
owner(s) not having paid the fee, advising that collection proceedings will begin in thirty (30)
days. Supplemental assessments may be issued after the due dates and such assessments will be
due thirty (30) days after mailing.
B. Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee by the date in § 17-15 herein shall be required to pay penalty on said fee as
set forth in § 58.1-3916, Code of Virginia, 1950, as amended
C. Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee by the date in § 17-15 herein shall be required to pay interest on said unpaid
fee as set forth in § 58.1-3916, Code of Virginia, 1950, as amended
D. Any payment of the Solid Waste Disposal Fee shall be credited first against the most delinquent
Solid Waste Disposal Fee account due and owing.
E. Payment of all due and owing Solid Waste fees, penalties, and accrued interest shall be required
prior to approval of an application for rezoning, special exception, variance, or other land use
permit.
F. To the extent allowed by Virginia law, failure to pay the Solid Waste Disposal Fee can result,
after due process, in the placement of a lien on the property in question in favor of the County.
SEC. 17-18. SOLID WASTE DISPOSAL FEE EXEMPTIONS.
The following are the only exemptions from payment of the Solid Waste Disposal Fee:
A. Partial Exemption for Qualified Elderly or Disabled Persons: As authorized by § 15.2-
2159(D)(6) of the Code of Virginia, 1950, as amended, there is a partial exemption of fifty percent
(50%) from this Solid Waste Disposal Fee for households of the elderly and/or disabled who
qualify for such exemptions. Said exemption shall be governed by the conditions and income
criteria as set forth in § 6-6 of the Pittsylvania County Code, as amended. Any and all information
of or related to income or disability, and verification of same, shall be provided upon application
for said exemption in accordance with the policy and procedures set forth by the Pittsylvania
County Board of Supervisors and/or the Pittsylvania County Commissioner of the Revenue’s
Office.
B. Waste Not Disposed of in County’s Landfill Exemption: As authorized by § 15.2-2159(A),
Code of Virginia, 1950, as amended, no Solid Waste Disposal Fee shall be levied upon persons
whose residential waste is not disposed of in the County’s landfill, or disposed in the County’s
landfill by a private hauler that pays the County’s standard landfill tipping fee, provided said non-
disposal is documented, to the reasonable satisfaction of the Commissioner of Revenue’s Office,
by the collector or generator of such waste. Documentation provided by a collector of such waste
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pursuant to this exception shall not be disclosed by the County to any other person. Current local,
state, and federal regulations prohibit the burning and/or burial of residential waste on private
property without adequate and appropriate permitting.
C. Uninhabitable Dwelling: Unless exempted by Sections 17-18(A) or (B) above, any household
that is inhabitable as of January 1st of each year shall be assessed the Solid Waste Disposal Fee.
Any house that is uninhabitable as of January 1st of each year, as determined by an inspection
conducted by the County’s Building Official, or his/her designee, shall be exempt from payment
of the Solid Waste Disposal Fee, until and unless said household becomes inhabitable. The County
shall have the ability to charge a fee for any inspection required under this Section. Said inspection
fee shall be set annually by the Board of Supervisors.
SEC. 17-19. RESERVED.
SEC. 17-20. SOLID WASTE DISPOSAL REGULATIONS; SCAVENGING; OWNERSHIP
OF SOLID WASTE.
It shall be unlawful to dump, destroy, or otherwise dispose of solid waste within the jurisdictional
limits of the County, except at approved and designated solid waste convenience centers, subject
to the following limitations and conditions:
A. Only household trash, residential waste, and compactable refuse shall be deposited at solid
waste convenience centers.
B. No business, industrial, construction, demolition, medical, automotive, yard, landscaping, or
commercial waste shall be deposited at solid waste convenience centers.
C. No solid waste shall be deposited at a solid waste convenience center by non-County residents,
except as provided or by local, state, or federal anti-littering programs.
D. Unless subject to a special contract approved by the Board of Supervisors, no solid waste
generated or originating from outside of the County shall be deposited in the Landfill.
E. The following items shall also not be deposited at solid waste convenience centers:
(1) Explosives, gasoline, kerosene, and waste oil.
(2) Furniture or other bulky residential household solid waste items that will not fit into a
compactor chamber. Said items may be place only in an open top box. Said items shall not
be disposed of at green box sites.
(3) Dead animals.
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(4) Materials which constitute a hazard to personnel handling solid waste or to the public.
F. It shall be unlawful to scavenge or attempt to salvage materials from waste delivered to or
deposited at a solid waste convenience center site or the Landfill.
G. Upon delivery of solid waste to an approved solid waste convenience center or the Landfill, all
rights of ownership and exclusive possession to lawfully deposited solid waste shall vest in
Pittsylvania County.
SEC. 17-21. VIOLATIONS OF CHAPTER/ARTICLE; PENALTIES.
A. Each day of violation of each requirement of this Chapter or Article shall constitute a separate
offense.
B. Any person who violates any provision of this Chapter or Article shall be guilty of a Class 1
Misdemeanor, unless a different penalty is specified.
C. Any person who knowingly makes any false statement, representation, or certification regarding
the origin of any waste disposed of under this Chapter or Article, shall be guilty of a Class 1
Misdemeanor and shall be subject to suspension from the use of the County’s Landfill and any
County Collection Centers for a period of time not to exceed one (1) year.
D. The County shall be entitled to an award of reasonable attorney's fees and cost in any action
brought under this Chapter or Article which it substantially prevails on the merits of the case,
unless special circumstances would make an award unjust.
E. Violations of Sections 17-3 and/or 17-20 of this Chapter or Article shall be punishable by a
fine in the following amounts:
1. For a first violation within a twelve (12) month period, fifty dollars ($50.00), if paid
within ten (10) days, or one hundred dollars ($100.00), if not paid within ten (10) days.
2. For a second violation within a twelve (12) month period, one hundred dollars
($100.00), if paid within ten (10) days, or two hundred dollars ($200.00), if not paid within ten
(10) days.
3. For a third violation within a twelve (12) month period, two hundred dollars ($200.00),
if paid within ten (10) days, or three hundred dollars ($300.00), if not paid within ten (10) days.
4. For a fourth violation within a twelve (12) month period, five hundred dollars ($500.00),
if paid within ten (10) days, or six hundred dollars ($600.00), if not paid within ten (10) days.
5. For a fifth violation within a twelve (12) month period, one thousand dollars
($1,000.00), if paid within ten (10) days, or one thousand one hundred dollars ($1,100.00), if not
paid within ten (10) days.
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F. The County’s Solid Waste Department shall prepare an appropriate ticket and ticket stub for use
in enforcing the provisions of this Chapter or Article. Any Law Enforcement Officer, Treasurer’s
Office employee, or County Staff member charged with enforcing this Chapter or Article shall
issue to the offender a ticket. The ticket stub shall be turned in to the Pittsylvania County
Treasurer’s Office. The ticket and stub shall have corresponding numbers. The ticket shall contain
the following statement:
NOTICE: You may pay this by appearing at the Pittsylvania County Treasurer’s Office, 11 Bank
Street, Chatham, Virginia, 24531, between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday. If you prefer, you may mail the ticket and fine to the aforementioned Office. Checks
should be payable to the Pittsylvania County Treasurer. If you fail to pay this ticket with ten (10)
days, then further action will be taken which could result in you having to appear in court and
paying additional costs.
(1) In lieu of payment of the fine, such person may contest the ticket, by notifying the
Pittsylvania County Treasurer and the Clerk of the General District Court of Pittsylvania
County.
(2) If the ticketed person does not pay the fine to the County’s Treasurer, the Treasurer
shall notify such persons that he may pay the fine, plus a penalty in the sum of ten dollars
($10.00), within five (5) days of the receipt of the notice, at the Treasurer's Office.
(3) If a person to whom the above Notice is provided/given is fails to pay the fine and
penalty within the time prescribed in the Notice, the Treasurer shall notify the Officer who
issued the original ticket and the Treasurer shall then cause to be issued a complaint,
summons, or warrant for the delinquent ticket. The person in question may pay the fine to
the Treasurer prior to the date he/she is to appear in court, provided he/she also pays
necessary costs and the penalty. The Treasurer's receipt shall be conclusive evidence of
such payment.
SEC. 17-22. SEVERABILITY.
Should any section or provision of this Ordinance/Article be declared by a court of competent
jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance/Article as a
whole or any part thereof, other than the part so declared to be invalid. (B.S.M. 8/17/2018)
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