15.2-1427 - Adoption of ordinances and resolutions generally; amending or repealing ordinances.
§ 15.2-1427. Adoption of ordinances and resolutions generally; amending orrepealing ordinances.
A. Unless otherwise specifically provided for by the Constitution or by othergeneral or special law, an ordinance may be adopted by majority vote of thosepresent and voting at any lawful meeting.
B. On final vote on any ordinance or resolution, the name of each member ofthe governing body voting and how he voted shall be recorded; however, voteson all ordinances and resolutions adopted prior to February 27, 1998, inwhich an unanimous vote of the governing body was recorded, shall be deemedto have been validly recorded. The governing body may adopt an ordinance orresolution by a recorded voice vote unless otherwise provided by law, or anymember calls for a roll call vote. An ordinance shall become effective uponadoption or upon a date fixed by the governing body.
C. All ordinances or resolutions heretofore adopted by a governing body shallbe deemed to have been validly adopted, unless some provision of theConstitution of Virginia or the Constitution of the United States has beenviolated in such adoption.
D. An ordinance may be amended or repealed in the same manner, or by the sameprocedure, in which, or by which, ordinances are adopted.
E. An amendment or repeal of an ordinance shall be in the form of anordinance which shall become effective upon adoption or upon a date fixed bythe governing body, but, if no effective date is specified, then suchordinance shall become effective upon adoption.
F. In counties, except as otherwise authorized by law, no ordinance shall bepassed until after descriptive notice of an intention to propose theordinance for passage has been published once a week for two successive weeksprior to its passage in a newspaper having a general circulation in thecounty. The second publication shall not be sooner than one calendar weekafter the first publication. The publication shall include a statement eitherthat the publication contains the full text of the ordinance or that a copyof the full text of the ordinance is on file in the clerk's office of thecircuit court of the county or in the office of the county administrator; orin the case of any county organized under the form of government set out inChapter 5, 7 or 8 of this title, a statement that a copy of the full text ofthe ordinance is on file in the office of the clerk of the county board. Evenif the publication contains the full text of the ordinance, a complete copyshall be available for public inspection in the offices named herein.
In counties, emergency ordinances may be adopted without prior notice;however, no such ordinance shall be enforced for more than sixty days unlessreadopted in conformity with the provisions of this Code.
G. In towns, no tax shall be imposed except by a two-thirds vote of thecouncil members.
(Code 1950, §§ 15-8, 15-10; 1950, p. 113; 1954, c. 529; 1956, cc. 218, 664;1956, Ex. Sess., c. 40; 1958, cc. 190, 279; 1960, c. 606; 1962, c. 623, §15.1-504; 1966, cc. 405, 612; 1968, c. 625; 1970, c. 581; 1972, cc. 41, 837;1973, c. 380; 1978, c. 235; 1983, c. 11; 1997, c. 587; 1998, c. 823; 2000, c.895.)