8-20: Declaration of a State of Emergency $44-146.21. Declaration of local emergency.  A. Al local emergency may be declared by the Town Manager, hereinafter "Local Director of Emergency Management" with the consent of the Town Council oft the Town of Onancock. In the event the town council cannot convene duei to the disaster or other exigent circumstances, the director, or in his absence, the Mayor, hereinafter "deputy director," ori in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the Town Council ati its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The Town Council, when ini its judgment alle emergency actions have been taken, shall take appropriate action to end the declared emergency. The declaration and end of declared state of emergency shall be voted on in public session of a Town Council meeting, whether normally B. Ad declaration of a local emergency: as defined in S 44-146.16 shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder. Whenever al local emergency has been declared, the director of emergency management of the Town of Onancock or the Mayor of the Town of Onancock in the absence of the director, ifs so authorized by the Town Council, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of the jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts andi incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims ofs such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental ofe equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds ine excess of appropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency, each political subdivision affected may, under the supervision and control of the Governor or his designated representative, enteri into contracts and incur obligations necessary to combat such threatened or actual disaster beyond the capabilities ofl local government, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law pertaining to public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and D. Noi interjurisdictional. agency or official thereof may declare a local emergency. However, an interjurisdictional agency of emergency management shall provide aid and services to the affected political subdivision authorizing such assistance in accordance with the agreement asa E. None of the provisions of this chapter shall apply to the Emergency Disaster Relief provided by the American Red Cross or other relief agency solely concerned with the provision of service at  scheduled or special session.  expenditure of public funds.  result ofa a local or state declaration.  no cost to the citizens of the Commonwealth.  Ko    544-146.16. Definitions.  As used in this chapter, unless the context requires a different meaning:  "Communicable disease of public health threat" means an illness of public health: significance, as determined by the State Health Commissioner in accordance with regulations oft the Board of Health, caused by a specific or suspected infectious agent that may be reasonably expected or is known to be readily transmitted directly or indirectly from one individual to another and has been found to createa risk of death or significant injury or impairment; this definition shall not, however, be construed to include human immunodeficiency, viruses or tuberculosis, unless used as a bioterrorism weapon. "Individual" shall include any companion animal. Further, whenever "person or persons" is used in Article 3.02 (S 32.1-48.05 et seq.) of Chapter 2 ofTitle 32.1, it shall be deemed, when the context "Cyberi incident" means an event occurring on or conducted through a computer network that actually ori imminently, jeopardizes thei integrity, confidentiality, or availability of computers, information or communications. systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon. "Cyber incident" includes a vulnerability in information systems, system security procedures, internal controls, or implementations that could be "Disaster" means (i) any man-made disaster, including any condition following an attack by any enemy orf foreign nation upon the United States resulting in substantial damage of property or injury to persons in the United States including by use of bombs, missiles, shell fire, or nuclear, radiological, chemical, or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; cyber incidents; and any industrial, nuclear, or transportation accident, explosion, conflagration, power failure, resources shortage, or other condition such as sabotage, oil spills, and other injurious environmental contaminations that threaten or cause damage to property, human suffering, hardship, or loss of life and (ii): any natural disaster, including any! hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, communicable disease of public health threat, or other natural catastrophe resulting in damage, hardship, suffering, or possible loss of life. "Discharge" means spillage, leakage, pumping, pouring, seepage, emitting, dumping, emptying, "Emergency" means any occurrence, or threat thereof, whether natural or man-made, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or natural resources and may involve governmental action beyond that authorized or contemplated by existing law because governmental inaction for the period required to amend the law to meet the exigency would work immediate and irrevocable harm upon the citizens or the environment oft the "Emergency services" means the preparation for and the carrying out off functions, other than functions forwhich military forces are primarily responsible, to prevent, minimize, and repair injury and damage  requires it, to include any individual.  exploited by a threat source.  injecting, escaping, leaching, fire, explosion, or other releases.  Commonwealth or some clearly defined portion or portions thereof.  ho    resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical, and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, emergency resource management, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection. These functions also include the administration of approved state and federal disaster recovery and assistance programs. "Hazard mitigation" means any action taken to reduce or eliminate the long-term risk to human life and "Hazardous substances" means all materials or substances that now or hèreafterare designated, defined, or characterized as hazardous by law or regulation of the Commonwealth or regulation of the 'Interjurisdictional agency for emergency management" is any organization established between contiguous political subdivisions to facilitate the cooperation and protection of the subdivisions in the "Local emergency" means the condition declared by the local governing body when in its judgment the threat or actual occurrence of an emergency or disaster is or1 threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship, or suffering threatened or caused thereby, provided, however, that a local emergency arising wholly or substantially out of a resource shortage may be declared only by the Governor, upon petition of the local governing body, when he deems the threat or actual occurrence ofs such an emergency or disaster to be ofs sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship, or suffering threatened or caused thereby, and provided, however, nothing in this chapter shall be construed as prohibiting a local governing body from the prudent management of its water supply to prevent or manage a water shortage. "Local emergency management organization" means an organization created in accordance with the provisions of this chapter by local authority to perform local emergency service functions. "Major disaster" means any natural catastrophe, including any: hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or regardless of cause, any fire, flood, or explosion, in any part of the United States, which, in the determination of the President of the United States is, or thereafter determined to be, of sufficient severity and magnitude to warrant major disaster assistance under the Stafford Act (P.L. 93- 288 as amended) to supplement the efforts and available resources of states, local governments, and disaster relieforganizations in alleviating the damage, loss, hardship, or suffering caused thereby and is "Political subdivision" means any city or county in the Commonwealth and, for the purposes of this chapter, the Town of Onancock: and any town of more than 5,000 population that chooses to have an emergency management program separate from that of the county in which such town is located.  property from natural hazards.  United States government.  work of disaster prevention, preparedness, response, and recovery.  so declared by him.    "Resource shortage" means the absence, unavailability, or reduced supply ofa any raw or processed natural resource or any commodities, goods, or services of any kind that bearas substantial relationship to the health, safety, welfare, and economic well-being of the citizens oft the Commonwealth. "State ofe emergency" means the condition declared by the Governor whên in his judgment the threat or actual occurrence of an emergency or a disaster in any part oft the Commonwealth is of sufficient severity and magnitude to warrant disaster assistance by the Commonwealth to supplement the efforts and available resources of the several localities and relief organizations in preventing or alleviating the damage, loss, hardship, ors suffering threatened or caused thereby andi is SO declared byl him.  hov    Sec. 2-6. Time and place of meetings.  The mayor and council shall meet on the fourth Monday ofe each month int the town hall and shall also  meet at any other time to whichi it may adjourn or be regularly called.  (Code 1989,52-6)  Amember of Council may participate electronically if! he ors she cannot attend due to a temporaryor permanent disability, other medical condition, or due to an emergency or personal matter and the public records (minutes) reflect that fact. The remote location of the council member need not be open to the public. The minutes shall record the reason for the member's absence and the remote location from which the member participated. The remote participant must be heard by all persons at the primary meeting location. The ability to attend meetings remotely is available equally to all members of Council and the Mayor. Amember'sremote attendance may be disapproved by avote of the member's attending the meeting in the physical location ift the remote attendance violates this policy in any material way. The disapproval must be noted in the meeting minutes. Anindividual may participate electronically no more than two meetings per year if the reason is for a personal emergency or personal matter. The body must maintain a physical quorum for the meeting. A member attending electronically may vote but may not be considered. in the meeting's quorum. All votes made when a member attends  electronically must be byi individual roll call.  $2.2-3708.2    draft minutes must be disclosedifrequested. The agenda packet and all materials furnished to the members oft the council (except documents that are exempt from disclosure, such as advice of the town or city attorney). must be made available for public inspec- tion at the same time iti is distributed to the members. $ 2.2-3707(F). Any records that are exempt from disclo- sure do not need tol be made available. The practical problem is for staff to remember to cull any exempt documents when making the public copy oft the agenda. The better practice is to not include exempt documents as aj part oft the agenda, but to send them separately. Citizens have an absolute right to photograph and the council may establish rules for where the equip- recording equipment may not be excluded altogether. $2.2-3707/G). Council may not meet in al location where recordings are prohibited. Ifa courtroom, for example, has a standing order forbidding any form of recordation, public body meetings must bel held else-  from a remote location may be disapproved ifity violatedisclosure the established policy. The disapproval must be noted theless, CC int the body's minutes. Ani individual may participate. communi electronically: in no more than two meetings per yeari ifcourts! hay your reason is an emergency or personal matter. The e-mails ar body must maintain aj physical quorum for the meet- this vague In addition to these exceptions, council members more insti have some flexibility in communicating through e-mailsufficienth A 2004 Virginia Supreme Court opinion, Beck V. Shel- councilm ton, 267 Va. 482; 593 S.E.2d 195, ruled that council ply.Intha members e-mailing each other did not create a meetingamong.co forj purposes of FOIA. In Beck, multiple e-mails were prove diff sent by an individual council member to all other mem Textm bers; some e-mails werei in a reply to all members, and in one or two of the e-mails, the reply was made more than 24 hours after the e-mail to which it replied. The youcondu to n court found that no meeting had occurred, although Actand al the opinion noted that the outcome may have been dif- ferent had the e-mails been part of instant messaging oVoting The Virginia Supreme Court reinforced its Beck not allowe 111805 (June 7,2012). Hill involved e-mails between authorizes members of a school board that were exchanged over members an even shorterinterval than in Beck. Back-and-forth ofascertai communications only occurred between two board without m members (not the three required for a meeting un- ther, nonb der FOIA). Any e-mail that was received by three or more members was found tol be ofani informational or unilateral nature and did not create any discussion among members. Following Beck, the court reiterated jes that wi that e-mails between council members must bes suffi- inmecting ciently simultaneous to create a meeting for the pur- medicalo CC poses ofFOIA. Hill affirmed the lower court's finding electronic that the school board: members' communications did (C)1).Mei not create a meeting because the e-mails did nots show as thereas the simultaneity or group discussion required under FOIA. Thus, responsive e-mails between atl least three council members must occur within quick succession toC. Close constitute an assembly of members (though the precise Aclose responsive speed that would be necessary: is unclear). public bod Beck and Hill indicate that e-mail communication beheldo on between more than two council members may com- in the act. prise a meeting under FOIA if consisting of mutual an openm discussion within a time frame short enough to be con- dures arec sidered an assemblage. In light ofthese cases, council meeting, t members have some discretion to send e-mails to other,certify tha membersifthis takes place over an extended timeframlegally. Th orifmon-converational. (However, these e-mails will a closed m almost always be public records and subject to FOIA's Theyarec  ing. $2.2-3708.21C)2.  ogyimprc  Recording meetings make video or ment be set may  sions byth gated  audiotapes of public meetings. While up so meetings are not disrupted, the  ac chat room discussion.  Ally vot  reasoning in Hill V. Fairfax County School  No. Board, oflaw.$2.  where.  $2.2-3707/G). Electronic meetings  Generally, council may not hold a meeting via elec- tronic media, including a conference call, pursuant to $$2.2-3707 & 3708.2. There are two exceptions: First, ift the governor declares an emergency, the council may hold an electronic meeting, where mem- bers phone in or participate by other electronic means, solely to address the emergency. Council must give notice to thej public to the extent possible and must provide public access to the meeting. $2.2-3708.2/3). Also, all the facts thatj justify the emergency electronic meeting should be reflected in the meeting minutes. Second, a member of council may participate elec- tronically if he or she cannot attend due to a temporary or permanent disability, other medical condition, or due to an emergency or personal matter and the public records document that fact. The remote location of the council member need not be open to the public. The minutes should record the reason for the mem- ber's absence and the remotel location from which the member participated. The remote participant must bel heard by all persons at the primary meeting loca- tion as well. Each public body must develop a written policy regulating electronic participation byi its mem- bers. Once this policyi is adopted, it must be applied uniformly to all members. A member's participation  Remot Pi  establishec  6  2019-2020 Virginia. Freedom gf Information. Act I Confict of Interests. Act I Virginia Public Records Act  -    STAFF ODA-- -8/24/20  Pagelof10  THIS POLICYISP PRESENTED/ AS CURRENTLY ADOPTED WITHF RED UNDERLINED TEXT TOF REFLECT CERTAINSTAFF RECOMMENDATIONS OR POSSIBLE CHANGES TO CURRENT CODE. THE BLANK SECTION TOT THEF RIGHTIS PROVIDEDI FOR) YOUT TOI MAKE NOTES OF YOUR COMMENTS. AND QUESTIONS. SUBMITTING THOSE AHEADOF TIME MIGHT MAKE OUR CONVERSATION MORE PRODUCTIVE. STATE CODE REFERENCESI IN THE EXCISTING INMANY CASES.IFOUR CODE DUPUICATESSTATEL LAW, WE DO NOT HAVE TOH HAVE AS SPECIFIC CODE. THERE ARE EXCEPTIONS WITH CERTAIN ORDINACES THAT WILL BE RESEARCHED AFTER COUNCHL DETERMINES CODE  CODE HAVE BEEN UPDATED BY MUNICODE.  FOR1 THET TOWN.  Formatted: Noth Hidden  CHAPTER3 ANIMALS ANDI FOWL  Statel lawr reference-Authorityl tor regulate running atl large andi keeping of animals andi fowl, provide for impoundment, etc., Coded of Virginia, $3.2-6544; comprehensive: animal carel laws, Code of Virginia, $3.2-6500et  seq. Article I.InG General. 53-1.Li Livestock runninga at large, etc. $3-2.1 impoundment, redemptiona and sale ofl livestock. $3-3. Fowl straying ons streets or sidewalks. $3-4. Fowl, horses, etc. onlands ofa another. 53-5. Keeping of goats ands swine. 53-6. Dangerous animals. 53-7.D Diseased: animals. $3-8.5 Stables, cow! barns, chicken! houses, etc. 53-9.Cruelty toa animals. 53-10. Butchering ands skinning.  eMACA-GMeSTAFF: FECOMMENOED-82420  4    STAFF RECOMMENDATIONATOMonCode-GwHeAr-8/24/20  Page2of10 $3-11. Slaughterhouses. $3-12. Slaughter of poultry. 53-13. Disposition ofc deada animals. 53-14-.Transportation: ofc dead animals. Articlell II. Dogs. $3-15. Definitions.  $3-16. Runninga atl large; leashr requiredi inj publich buildings orl businesses; penalty.  $3-17.Confiscation, confinement ando disposition. 53-18. Animal warden designated. $3-19. Keeping of Dogs (Amended8-9-93) Articlel III. Animal Noise $3-19. Keeping noisy, etc., animals orf fowl. $3-20. Ceasea and desist. $3-21. Violation and penalties. $3-22. Injunctive relief. 53-23. Severability.  Formatted: English (Uniteds States)  Articlel L.In General.  Sec. 3-1. Livestock running atl large, etc. toc obstruct thes streetsi ina any manner. (Code 1989, 53-1)  Its shall be unlawfulf fora any persont top permit any! livestock tor runa atl largei in thet town or to grazei int the streets or  Statel lawr reference--Strays, Code ofv Virginia, 555 55-202to5 55-206.  Town Code-Curent STAFF AECOMMENDEP-82420      STAFF RECOMMECATO--G-ww-82420 Sec.3-2. Impoundment, redemption and sale ofl livestock.  Page3of10  Any livestock founda atl largei int thet town, grazingi int thes streets or obstructing thes streetsi inv violation ofs section3- 1,mayb bei impounded until redeemed: and, ifnotr redeemed within five days, may! bea advertised: ands sold, and thep proceeds, after deducting the fine: and costs fork keeping anda arresting, shalll be! held by thet town manager  for thel benefit oft thec owner. (Code1 1989,93-2)  Sec. 3-3. Fowl straying ons streets or sidewalks. streets ors sidewalks oft thet town. (Code 1989,53-3)  Its shall be unlawfult for any personi int thet townt top permit fowll kept byh him or under his control tos stray ont the  Sec. 3-4. Fowl, horses, etc., onl lands ofa another.  Itshall be unlawfuli for the owner ofc chickens or otherf fowi, horses ord cowst top permit or allow themt tor range or rund ont thel lands or property ofa another, without his consent orp permission. The owner ofs such fowl ora animals shall bel liablef fora anyo damage done bys such fowl ora animals while ont thep property ofa another. Its shall be unlawful fora any parcel tol houser more than four (4) female chickens ofl laying age andt they must remaini inside a chicken coop atallt times.Achicken: coopi is defined asas structure withf four walls anda ar rook not  (Code 1989,93-4)  toe exceed twenty- five (25) squarefeeti ins size). Nos property shall house amale chickenfroosted. No property shall houser more thant three (3)horses.  Itshall bev unlawfulto! house peafowi (defined as all domestic fowl and game birds, excluding chickens.  Statel law reference-- Damages fromt trespassing animals, Code of Virginia,S  55-306t055-309.  Sec. 3-5. Keeping ofg goats and swine.  CM-C--"SAEANKCOMAMEOED-82420  fal"    ALNCOANDDATOAAD  Page4of10  It shall be unlawfulf for any persont tok keep any goats ors swine within thel limits oft thet town.  (Code1 1989,53-5) Sec. 3-6. Dangerous animals.  Nop person shalls suffer orp permit any animal belonging tol him or under his control, and known tob be dangerous orr reasonably: suspected oft being dangerous, to go atl large withint thet town. Ifthe owner, etc., uponr notice that thea animali is atl large, fails tot takei iti into custody forthwitha andi itsr runninga atl largec creates ane emergency, the animal shall bek killedf forthwith by order oft the chief of police when deemed necessaryf for publics safety.l Ifa sworn complainti isr madet thata a dangerous: animal isb beinga allowedt tor runa atl large ori is not confinedi ins sucha manner ast tob bes safef fort the public, thep proper judicial officer shall summons beforeh him thec owner or person exercising ownership or controld overs such animal, andt the case shall be heard. Ifthec complaint is sustained, such judicial officerr may orders such animal killed forthwithl byt the police orr make such other disposition oft the case as wille ensure the: safetyo oft thep public. Ina addition tos such penalty as may! bei imposed upont the owner or person exercising the right ofc ownership or control, any costs ore expenses incident tot the apprehension: ands safekeeping  oft thea animal shall bec collected asc othert fines are collected.  (Code 1989,53-6) Sec. 3-7. Diseased: animals.  Its shall be unlawful for any persont to own, keepc or harbori int thet towna any animals suffering ora afflicted with any  infectious orc contagious disease, afterk knowledge oft the condition ofs sucha animal.  (Code 1989,53-7)  Sec. 3-8. Stables, cow barns, chicken houses, etc.  Alls stables, cow barns, chicken houses, dog! houses, kennels or other facilities fork keeping horses, cows, dogs, rabbits, fowl, poultry, birds anda allo other animals orf fowl kept or maintained within thet town shall bee expressly under thes supervision: andr regulations oft the! health department. Stables, cow barns, chicken! houses, dog houses, kennels ord other facilities for housing animals orf fowl shall bek kepti ina clean ands sanitary condition for the protection of health ands shall bes sok kept asr nott to giver rise too objectionable odors upon: any publich highway oru upon any premises owned ord occupied! by any person othert than the person maintaining such stables, cow barns, chicken! houses, dog! houses ork kennels. Allt thea aforementioned: structures, except dogh house, tot be7 75  feet from any property linea andt that the requirement fora a permit is deleted.  A-CTAE2 RECOMMENDEP-82420  h    STAFFR RECOMMENDATIONI-maCae-Gwen- -8/24/20  Poge5of10 (Code 1989, 53-8)  All horses must bet housed ina an adequate and clean stable. A stable IS defined asa structure with foury walls and arooft that covers the entires structure with a door of adequate size for the! horset tor navigate that can be secured witha al lock from thes exterior and releasedf from thei interior. Cleaniso defined ast the sanitary condition adeguate top protect the healtha and well beingo oft the animal andi linaconditionte toreduce the objectionable odors upon All horses ofa any age must have a minimum space of two hundred (200) square feet each outside thes stalla and Nos stable, pen. ors stall building that house anv animal other than chickens shalle exist within one- hundred-fifty Chickeno coops must bes seventy-f fivel 1751 feetf from every side: away from the property line: and must be kept  any nearby spacet traveled bys or residedi inb by any person other than the owner. withina a fenced or contained space ont the owner's property. (150) feet ona alls sides from any residence or building owned by any other party.  Formatted: English (Uniteds States)  clean ands sanitary as defined herein. Sec. 3-9. Crueltyt to animals.  Anyp persony who overrides, overdrives, overloads, tortures, ill-treats, abandons, willfullyi inflictsi inhumane injury orp pain not connected with! bonai fide scientific orr medicale experimentation: to, ord cruelly or unnecessarily beats, maims, mutilates ork kills any animals, whether belonging tol himself ora another, or deprives anya animalof necessary sustenance, food, drink ors shelter, ord causes any oft the abovet things, or beingt thec owner ofs such animal, permits sucha actst tob bec donel by another, or willfullys sets onf foot, instigates, engagesi inc ori ina any way furthers any act of crueltyt toa anya animal; or shall carry or cause tob be carriedi in or upon any vehicle or vessel or otherwise: any animali ina ac cruel, brutald ori inhumaner manner, 50 ast top producet torture oru unnecessary: suffering; ora any person whos shalla abandon any dog, cato or other domesticated: animali ina any public place,i includingt the right-of-way ofa any public highway, road ors street, or ont thep property ofa another shall beg guiltyo ofa misdemeanor; butr nothingi int this section: shall bec construedt top prohibit the dehorning of cattle. State law reference-Similar provisions, Code of Virginia, $3--796.122326570.  (Code 1989,53-9)  Sec. 3-10. Butchering and skinning.  G-C-JAFANERKEOMMEOE-a24AD      STAFFR ECOMMENDATON- Code-CUMeE- -8/24/20  Page6of10  Its shail be unlawful fora any person tol butcher or causet tol bet butchered or skin or causet tol bes skinneda any; animal within thet town, except as otherwise authorized under provisions oft the: zoningr regulations oft thet town.  (Code 1989, $3-10) Sec. 3-11. Slaughterhouses.  Excepta as provided ins section 3-12 andi int the: zoning regulations, it shail be unlawful fora any persont toe erect,  operate orr maintain any slaughterhouse within the town.  (Code 1989,5 $3-11) Sec. 3-12. Slaughter of poultry.  Excepta as otherwise provide-di int the: zoning regulations, it: shall be unlawful fora any persont tok kill or dress poultry (a) Alls slaughtering: shall bec donei inab building orr room provided for thep purpose, and such building or room shall bep provided witha a concrete orr metalf floor, thet floor and walls ofv whichs shall bek kept clean ata allt times. (b) Buildings orr rooms used fort the purpose ofs slaughteringf fow! orp poultrys shall bes screenedf for protection (c)A Allb blood, feathers and offals shall be depositedi inr metal containers with asuitablet top, and such containers All places coming under this section shall be subject toi inspectionl by the health department ata all reasonable This sections shail nota applyt tot those whol kill or dress poultryf for their own orf family use, andr not for sale or resale, either cooked or uncooked, ins stores or publice eating places, restaurants or hotels.  withint thet town without complying with thef following regulations:  against flies.  shall bek kepto closed at allt times, except when! beingf filledo ord discharged.  hours.  (Code 1989,53-12)  MCA-C--"STAFE RECOMMENDEP-82420  Sal"    STAFFR O.paAro -8/24/20 Sec. 3-13. Disposition of dead animals.  Page? 7of10  Ifanya animal dies int thet town, the owner orp personi in chargec ofs such animal shall ato onced dispose oft thes same in ar manner satisfactoryt tot thel health officer. its shall be unlawfulf for the ownerc orp personi in charge ofad dead animal tof failt too dispose oft thes same within fivel hoursa after noticet to dos so. Whent thec owner orp personi inc charge ofadeada animali is unknown, the deada animals shall bec disposed ofa att thee expense oft the owawthesowathe)  person ony whoses property the animali isf found.  (Code 1989, $3-13)  State law reference-Burial or cremation of dead: animals andf fowl, Code of Virginia,518.2510.  Sec. 3-14.1 Transportation ofc deada animals.  Its shall be unlawful for any person engagedi in the! business ofu usingo ord disposing of orr rendering dead animals to transport or causet tok bet transported: any deada animal, regardless ofv whethert thes same has been cut org ground intos small pieces orp particles, alonga any publics street within the town without the same beingf fully covered. For the purpose oft this section, "fullyo covered" means asf follows: Completely obscured fromy view, hauledi ina closed-type vehicle, ori ifhauledi ina and open-type vehicle, fully covered with! heavyo canvas. Shoulda any portion of the animale extend beyond thet tailgate ord outsidet ther rear portiono ofa a vehicle, the canvas shall bev wrapped  aroundt thee extended portion so ast too completely hidet the same from view.  (Code 1989,93-14)  ARTICLEIL. Dogs.  Sec. 3-15. Definitions. tot them! byt this section.  Fort the purposes oft this artide,t thef following wordsa and phrases shall have ther meanings respectively ascribed  Dog. Every dog, regardless ofs sex ora age.  C-C-mSTAFE RECOMMENDED- 8/24/20  Rar    AEAOANDOATONG4-G--s2A0  Page8of10  Owner. Any person! havinga ar right ofp propertyi ina dog and whol keeps orh harborsa a dog, or hasi itinh his care, or who acts asi its custodian, and any person who permitsac dogt tor remain ond or abouta any premises occupied by Tor rund at large or running at large. Tor roam, rund ors self- hunt offt the property ofi its owner ord custodian andr not underi itso owner'sord custodian'si immediate control," "not underi immediate control" beingf further defineda as beingu unconfined, unrestricted orr not penned up, physically carried orl held by al leash by a persont thoroughly  him or her.  capable, both physically and mentally, of controlling the dog. (Code 1989, $3-15; Amd. of3-14-1983,51)  Sect. 3-16. Running atl large;! lease requiredi inp public buildings or businesses; penalty. limits, event though thec dogisk both lawfully liçenseda andy vaccinated.  (a)lts shall beu unlawfulf fort the owner ofa any dogt to allow such dog tor runa atk large, at anyt time, within thet town (b) It: shall beu unlawfuli fort the owner ofa any dogt to allow, cause or permit such dogt to enter: any public building ofliceors store-during thet timet that such businesse establishments arec open for public busnessyunless the dogis (c)A Anyp person who permits his or her dogt to do anything prohibited! byt this section: shall be deemedt tol have violatedt this section and, ont thef first offense, the owner shall receivea al letterf from the Onancock Police Department notifying the owner oft the violation. Fort the: second violation, as summons willl bei issueda and, upon conviction thereof, shall bef fined notl less than! ftytwenty-five dollars ($2550. .00). Forat third or subsequent violation, another summons willl bei issued and, upona a conviction thereof, shall bef fined notl less thans seventy fiveonel hundred dollars ($75100.00) norr moret thane ene-f five hundred dollars ($ 100500.00)f fore each violation. Fors state lawa ast toa authority oft townt tos prohibit running atlarge of dogs, see Code of Va., $3.1-796.94.  oA 9EeHewReunde: thei immediates centrelels such ownes.  (Code 1989,53-16)  Sec. 3-17. Confiscation, confinement: and disposition.  Any dog running atl larges shallb be confiscated by the animal warden or othera authorities and, ifn not claimed withinf five days, shall bec disposed ofp pursuant tos section: 3.1- 796.96oft the Code of Virginia. Int thee event thata any dog confined pursuant tot thiss sectionis claimedb byi its rightful owner, such owner shall be charged witht the  FowrCese-Cuens STAFF RECOMMENDEP-82420  -    STAFF EOMMENOATOI--G-w-82420  Page 9of10  actuale expensei incurredi ink keeping the dogi impounded. Before the dogi isr released, thec owner shall execute an affidavit ofc ownership, presentt thep proper dogl license and pay allt thee expensesi incurredi ink keeping the dog  confined.  (Code 1989,53-17;Amd. of3-14-1983,93) Sec. 3-18. Animal wardenc designated.  The animal warden anda any deputy animal warden who may bea appointed by the! board ofs supervisors oft the county are! hereby designedt the animal warden or deputya animal warden for thet town ands shall havet the  authority to enforce thep provisions oft this article. (Code 1989, 53-18; Amd. of 3-14-1983,54) Sec. 3-19. Keeping of Dogs.  Its shall beu unlawful for any owner ord otherp persont tok keep more than three (3) adult dogs withint the Town ori for more thant three (3)a adult dogst tob bel kepto ona any property withint thel Town regardless oft ther number of persons residing ons said property. Adult dogs shall bec defined: as any dogo overt the: age oft ten (10), weeks. Nor more than two (2) dogss shall bek kepto ona any property that normally spends significant time outside ther mainl building ona any such property. No dogs shall bek kept withint thel Town fora any! business or other commercial purposes.  (Code 1989, $3-19; Amd. of8 8-9-1993)  Article HI. Nuisance Animals.  Sec. 3-19. Keeping noisy, etc., animals ort fowl.  (a) No persons shall, either on! his own property or ona any property in which! he! has any interest or over which he exercises any control, keep, maintain ora allow tor remain anya animal or fowl which sets up, causes, emits or gives vent toi incessant or intermittent or other noises or commotions of such a character and kind ast to disturb any citizen oft thet towni int the reasonable use ande enjoyment of hisp property ors soas too cause any person of ordinary  sensibilities: anya actual physical discomfort.  ACM-CRASTAF: RECOMMENDED-82420    STAFF RECMMENOATON-aGw-82420  Page 100f10  (b)7 Thel keeping bya any person ofa any animal orf fowl whichs sets up, brings about, causes, emits org gives vent to such noises shall constitute: ar nuisance abatable as such bya proper suiti ine equityi int the Circuit Court for Accomack County, Virginia, but thiss shall bei ina addition to and noti inli lieud oft they punishment provided.  (Ord. of11-22-2010,53-19) Sec. 3-20. Cease and desist.  No prosecution: shall bei initiated hereunder unless and untilt therel has been complaint bya any affected person, firm ore entity, excepting noises emanating from publicly used and/or owned property, and: such violating person, firm ore entity! has been advised oft their violation hereof, ands such person,f firm or entity has failedt to cease and desists such unlawful noise. Fort thep purposes oft this provision, anys such warningt toa any such violating person, firm ore entity, shall bec continuous: and sufficient fort the 30-day periodt thenf followinga ast tot the: samer noise ort the samet type ors similard orl liker noise, andi nof further warning shall be required durings such period.  (Ord. of11-22010,$320) Sec. 3-21. Violation andp penalties.  Anyy violation! hereof shall constitute: a Class 4r misdemeanor and be punishable byaf finer nott toe exceed $250.00. Notwithstanding that the noise complained ofisp produced! byt the same animal, each complaint made asar result ofs such noise: shall beas separate violation hereofa ands subject tos separate citations and punishment for each  violation complainedo of. (Ord. of11-22-2010,93-21) Sec. 3-22. Injunctive relief.  Ina additiont toa any criminal penaltyf fort the violation! hereof, the Town Manageri is further: authorized onb behalf of thel Towni toir initiate and seeki injunctive reliefi int the Circuit Courto ofA Accomack County, Virginia, top prohibit continuing violations hereof. For purposes oft this section, ac continuing violation: shall bea a second ors subsequent  violation withina a3 30-day period. (Ord. of11-22:2010,53-22)  ACMP-CVANTAEE AECOMMENDEP-82420  C    Onancock Code- Current-8/24/20  Page 1 of4  CHAPTER4  TRAFFIC AND VEHICLES ARTICLE . BICYCLES  State law reference--Bicydles, Code of Virginia, S 46.2-903 etseq.  54-1. "Bicycle" defined. $4-2. License and registration. $4-3. Defacing or removing serial numbers. $4-4. Equipment requirements. 54-5. Riding and parking regulations. 54-6. Riding or driving on sidewalks. $4-7. Violations and penalties. Sec. 4-1. "Bicycle" defined.  A "bicycle" is a device upon which any person may ride, propelled by human power through al belt, chain or gears, and having two or three wheels ina a tandem or tricycle arrangement. "Bicycle" shall also include pedal bicycles with helper motors rated less than one brake horsepower, which produce only ordinary pedaling speeds up to a maximum oft twenty miles per hour; provided, that such bicycles 5O equipped shall not be operated upon any highway or public vehicular area of the town by any person under the age of sixteen years; provided, further, that no such bicycles sO equipped shall be operated upon any public sidewalk or bike trail in the town.  (Code 1989, $4 4-1)  State law reference-Definition of bicycle, Code of Virginia, S 46.2-100.  Sec. 4-2. License and registration.  (a) An owner may voluntarily register his bicycle with the town.  (b) Application for registration of ownership and al license will be made to the town upon a form prescribed by  the town manager.  Town Code C Current-8/24/20  Sel    Onancock Code-Current- 8/24/20  Page 2 of4  (c) The application shall be accompanied by a fee of fifty cents, to be paid into the town treasury upon the granting ofa a license. Upon receipt ofs such application in proper form, the town shall provide, at the expense of the town, an identification bearing the number of the license issued, which should be securely attached, at the  time ofi issuance or upon receipt, to the bicycle.  (d) It shall be the duty of the town manager or his designee to keep a record of the issuance of each bicycle license, showing the registration number and license number of each bicycle, the name and address of the licensee and such other description of the bicycle as the town manager deems necessary for the administration  of this section. (Code 1989,54-2)  State law elerence-Authority to register bicycle, Code of Virginia, S4 46.2-908.  Sec. 4-3. Defacing or removing serial numbers.  (a) It shall be unlawful for any person to deface, modify or remove from any bicycle the serial number imprinted  thereon.  (b) It shall be unlawful to sell or purchase any bicycle on which the serial number or identification number has  been defaçed or removed without first registering the same as provided in section 4-2.  (Code 1989, $4-3)  Sec. 4-4. Equipment requirements. in good working condition.  (a) No person shall operate al bicycle on streets and bikeways unless it is equipped with coaster or hand brakes  (b) Every bicycle operated upon any highway or bikeway during darkness or other periods of restricted visibility shall be equipped, ort the operator of such a bicycle shall be equipped, with a front lamp emitting a white light visible from a distances of five hundred feet ini front of the bicycle and with a red reflector ofat type approved by the superintendent of the department ofs state police, which shall be visible in clear weather from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible in clear weather from a distance of five hundred feet to the rear may be used in  addition to the red reflector. (Code 1989, $4-4)  Town Code-Curent-82420    Onancock Code- - Current-8 8/24/20  Page. 3 of4  Sec. 4-5. Riding and parking regulations.  Every person riding a bicycle upon a roadway has all the rights and is subject to all the duties applicable to the driver of a motor vehicle, except those provisions which by their very nature can have no application.  (a) Speed. No bicycle shall be ridden faster than is reasonable and proper, but every bicycle shall be operated with reasonable regard for the safety oft the operator and every other person upon the streets and bikeways of  the town.  (b) Observation of traffic regulations. Every person riding al bicycle on any public highway in the town shall observe all authorized traffic signs, signals and traffic control devices. Whenever signs are erected indicating that no right or left or U-turn is permitted, no person operating al bicycle shall disobey the direction of any such signs, except where such person dismounts from the bicycle to make any such movement or turn, in which  event such a person shall then obey the regulation applicable to pedestrians.  (c) Stop signs. All persons riding bicycles on public highways or bikeways shall stop at all stop signs.  (d) Riding with traffic flow. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practical, exercising due care when passing a standing vehicle or one proceeding in the same  direction.  (e) Riding on handlebars. No person propelling a bicycle shall permit any person to ride on the handlebars. (f) Interference with control. No person operating al bicycle shall carry any package, bundle or article which prevents him from keeping at least one hand firmly upon the handlebars and in full control of the bicycle. (g) Hitching rides. No person riding upon any bicycle shall attach the same or himself to any vehicle on the  roadway.  (h) Riding abreast. Bicycles shall be ridden or propelled in a single file when operating in a street or upona sidewalk, except when overtaking a slower moving bicycle, and except on paths or parts of highways set aside  for the use of bicycles.  (i) Riding on sidewalks. No person shall ride al bicycle upon any sidewalk in the town, as prohibited in section 4-6.  Town Code-Curent-82420  : C    Onancock Code Current-8/24/20  Page 4 of4  (j) Pedestrian rights-of-way. Whenever any person shall ride al bicycle on the sidewalk or bikeway, whether paved or unpaved, such person shall yield the right-of-way to any pedestrian and shall give an audible signal  before overtaking and passing any pedestrian.  (k) Bicycle lanes. Where the town council has by ordinance designated a lane for the exclusive use of bicycles, a motor vehicle may enter or cross this lane for the purpose of access to adjacent property or for the purpose of  parking, but a motor vehicle shall not be driven in this lane.  (1) Parking. No person shall stand or park al bicycle upon the street, other than upon the: street roadway against the curb. No person shall stand or parka a bicycle upon the sidewalk, other than in a rack to support the bicycle, or against the building, or at the curb, or at the back edge of the sidewalk. This will be done in such a manner as  to afford the least obstruction to pedestrian traffic.  (m) Riding on paths adjacent to a roadway. Whenever a usable path or designated bikeway has been provided adjacent to a roadway, bicycle riders shall use. such path or bikeway and shall not use the roadway.  (Code 1989, $4-5)  Sec. 4-6. Riding or driving on sidewalks.  No person shall ride or drive any bicycle upon any sidewalk in the town.  (Code 1989, $4-6) 46.2-904.  State law relerence-Authorty to adopt ordinance prohibiting riding bicycle on sidewalks, Code of Virginia, 5  Sec. 4-7. Violations and penalties.  Its shall be unlawful for any person to violate any of the provisions of this chapter. Any such violation shall, upon conviction, be punishable as a traffic infraction by a fine of not less than fifteen dollars nor more than one  hundred dollars. (Code 1989, $4-7)  Town Code-Curent-82420    CHAPTER 13  MOTOR VEHICLE, TRAFFIC, BICYCLES, GOLF CARTS, and OTHER UTILITY VEHICLES  Sec. 13-16. License and registration.  (a) An owner may voluntarily register his bicycle with the town.  (b) Application for registration of ownership and al license will be made to the town upon a form (c) The application. shall be accompanied by a fee of $5.00, to be paid into the town treasury upon the granting ofal license. Upon receipt ofs such application in proper form, the town shall provide, at the expense of the town, an identification bearing the number oft the license issued, which should be securely attached, at the time of issuance or upon receipt, to the bicycle. (d) It shall be the duty of the town manager or his designee to keep a record of the issuance ofe each bicycle license, showing the registration number and license number of each bicycle, the name and address of the licensee and such other description of the bicycle as the town manager  prescribed by the town manager.  deems necessary for the administration of this section.  Sec. 13-17. Riding or driving on sidewalks.  (a) No person shall ride or drive al bicycle upon the sidewalks in the following areas: (b) Any person found in violation of this section shall be guilty ofa class 4 misdemeanor.  1. Market Street from College Ave to West Street. 2. North Street from Market. Street to Crocket Ave.  4612    Town of Onancock COVID Grant - Second Round  Grant Appropriation - Staff Recommendation  COVID Costs:  Reserve for 80 hours of paid sick leave required by Family First Corona Response Act PPE-Town employee use and distribute to local residents and businesses Thermometers and other materials for verifying safety of employees per OIDP Technology to improve remote work options (firewall, VPN licenses, email, laptops) Building improvements for employee and customer safety and distance education location Criteria: open for business 7/1/20-9/30/20 and 7/1/19-9/30/19, 15% revenue reduction active business license, no more than reduction in revenue as grant amount, current on all water, sewer, meals, TOT, real and property tax accounts (or on payment plan)  and the Onancock Infectious Disease Plan (OIDP)  $ $ $ $ $ $  25,000 2,000 1,333 8,000 40,000 30,000  Small Business Grants  106,333  AGENDA ITEM 11.4 PUBLIC HEARING AND APPROPRIATION  CARES ACT FUNDING BUDGET AMENDMENT  Total CARES Act Funding Recelved Proposedi Ves Allocationt 0o Towns Based onp Population Sma Busibess Assistanced Grants Watemen Assistance Grants Renoationd oldseecker Dentist OMDe tos Support 9112n6 oispatch Fioor Readiness Business Continutly Plant Development Dulding mprovemegts top promote saletycto distomeri/emgloyees Front Une Employee Supends 9110 Center) Reqvests (subfect toreview) Obher (PPE addtonsl BnARIS Remainder appropriate funds.  $2,819,46 $ (779426) SK000000 (100,000) (250,000) 075,502) (178.500. (135,000) (66,107) 184275) 13,116  Technoloeysok Improve) Remote. Work, Options (Cloud basedphones syneny laptops. VPNT licenses.ers (135.524) Scaf seeks approval of DRAFT resolution provided to amend budget and  50    TOWN OF, ONANCOCK  ONANCOCK Live it Love it VIRGINIA FOUNDED,1680  15 North Street Onancock, VA 23417  Town Manager Report to Onancock Town Council Period ending August 18, 2020  Town Manager  Wrote and submitted grant to' VAI Department of Forestry for an $11,000 grant to care for the White Oak behind the movie theater. Thisisa a signature tree in town and is in distress. The grant would provide a canopy cleaning, lightning protection, lower limb cabling, removal of encroaching asphalt, install a split rail fence around the drip edge, and clover planting under.  We should receive notice of approval or disapproval within 45 days.  Ramp project update:  Drawings for permit being prepared now. We will likely send the drawings ini for permit at the same time we put the project out for bid. This will give us the opportunity to begin work as soon as we receive all permits from VA Marine Resource Commission (MRC) and the Corps of Engineers. This process can take anywhere from two to five months. This is critical in the timeline for this project. We cannot legally begin the The survey indicates thati if we bid standard tie-back system we will have a conflict with the storm drain. This almost certainly forces us to use Platipus systems. Ispoke with Stewart Hall from the County and he indicated that they used this same system at the Quinby Harbor project with great results. It may limit the contractors who have With office and field visit limitations due to COVID, lam concerned that the timeline to complete the project before the next boating season is reasonable. Much will be East Streeti is the first street we will transfer permanent maintenance to VDOT. To clarify, the Town retains ownership of the land, we simply need to attest with the District Court that there are no encumbrances on the rights of way. Once we have this process documented, the transfer of Lee Street and Waples Street will begin. o 6Holly St (corner of Holly and. Jefferson) has applied for azoning permit to constructa new home. Alla appears to bei in order and has been signed. 10. Joynes Street has applied for a permit to add a screened porch on the back corner of the house. All setbacks meet code and the permit has been signed. 4Church Street - abandoned property with multiple complaints about condition. Certified letter being sent to out-of-town owners to notify of nuisance code violations 19. Jackson Street - substandard but occupied residence. Certified letters sent and received. Ownermade attempts to comply. Spoke with him to outline Town's remedy moving forward. This nuisance violation will need support with updated Town Code  sitework on the project until all permits are obtained.  experience with this anchoring system learned over the next 45-60 days.  Road transfer to' VDOT  Property Zoning and Nuisance Updates:  and Town'sr remedy moving forward.  surrounding issues like this one.    TOWN OF, ONANCOCK  ONANCOCK Live it Love it VIRGINIA FOUNDED 1680  15 North Street Onancock, VA 23417  11 North Street is zoned B1 and has someone in residence. Certified letter sent to property owner. Town Attorney has also sent al letter seeking remedy with 7 days of receipt. This is becoming al health and safety issue as well as a clear zoning violation. The property owner is eager to comply, but with civil cases are not being heard in county court, this issue is going to be complicated and time consuming to solve. 132-B Market Street also apparently has someone in residence in a building zoned for business. A certified letter has been sent but has not been responded to as of this Many administrative requirements couple the Onancock Infectious Disease Plan that Council reviewed tonight. These include beginning-of-shift health checks, separate monitoring of hours used/needed to manage employee use of time, new sick leave practices, substantial employee training requirements. All procedures will be Real Estate Tax Receivable: $40,778, more than halfi is from 2018 and prior Personal Property Tax: $95,728, 73% of which is for 2018 and prior Sewer and Water is $105,591, $50,572 is over 120 days past due.  letter. Itis within the notification period. COVID-19 Emergency Temporary! Standard  implemented by the 9/25/20 deadline. Accounts Receivable collection practices.  lam working with the Town Attorney to develop collection plans for each type ofreceivable (as each have different limitations on what we can and what we We will pursue using methods such as DMV Stop, Property and Bill Liens, attaching tax refunds, or any other legally allowed method to collect the monies that are owed the town but have noty yet been paid.  cannot do for collection efforts).  Our contract with Davis Disposal is up and we will need to renegotiate this multiple year Scheduled meeting with the County to discuss providing water to Rt1 13 businesses Onancock has committed to remove all limbs and branches from the named storm Securing quotes from paving companies to complete the work required to transfer Waples and  contract  Department of Public Works  Lee to VDOT  Daily average wastewater = 195,997 gallons The average daily water use is 180,250 gallons County average daily flow is 61,998 gallons  Staff effort:  No extraordinary ore emergency projects    TOWN OF, ONANCOCK  ONANCOCK Live it Love it VIRGINIA FOUNDED,1680  15 North Street Onancock, VA 23417  Wharf  Begin preparing the work to complete projects associated with BIG grant of $40,034 Worked with the Fire Department to support a successful Croaker Classic  Police Department  All officers completed certification training and testing on weapons, firearms, use of force with Several incidents involved support of other agencies including offering crowd control during a Managed closed areas during named storm for downed power lines and other safety issues Addressed several situations involving domestic complaints, alleged theft, and neighbor  special attention on choke holds. All officers received 100% on tests. shooting, drug and intoxicants, and traffic control An arrest was made for drug possession and distribution  complaints.    9 0  -    98888 $3883888883389    9e  99999 3888888888  4i88.  909985    9,9095 Fms 333388889  98888 8889.8888889X888889   33338598E888888  88888 88888888988X8X888888838888895 0f  99,9908 88838388F888899    3,339334  Bs 85899  8889898898  R  88388188898898883888933398339  319898  888888888394 89388888888888898859  99899  389998  8433334839  $88849888994 83988889998888888888888889.  8883883835 3839898888 33689888989889898889888    33.8.4.83388998.99.88.8.9.888898.8,3.38.89.958 33.8393.388388  9899  39,66593  8,8,819,9  $4.3.8.8.83.3.89.98898988888.888 A88888888888X  aE Bf  3,9.83899383 3 Lo  9999    9,9,99  8.9..833388989898988888888889888889.889885  8899839858883383333888339389555  88,8989889888888998888888998888  8859889858588888983888988895    99  99  89  9AX8A88888835  09  88888888*88882  R889AFRABE88S