Minutes 11/24/2009 - Laserfiche WebLink

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November 24. 2009 09-567 (b): "ORDINANCE (1) TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY REPEALING AND RESERVING DIVISION 2 OF ARTICLE IV, BY ADDING A NEW DIVISION 3 AND A NEW TABLE 40-56.1 TO SAID ARTICLE, BY REPEALING CURRENT SECTIONS 40-179 AND 40-179.1 AND ADOPTING NEW SECTIONS 40-179 AND 40-179.1, BY AMENDING SECTIONS 40- 50.15,40-60.8,40-65.3,40-65.8,40-71.2, and 40-171.1, BY AMENDING TABLES 40- 43.1.3,40-44-3, AND 40-44-4 TO REMOVE ALL REFERENCES, LIMITATIONS, AND REQUIREMENTS PERTAINING TO THE DOWNTOWN D-1 AND D-2 ZONING DISTRICTS; (2) TO AMEND CHAPTER 32 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTION 32-7(d) THEREOF PERTAINING TO STREET ENCROACHMENTS, AND (3) TO AMEND CHAPTER 36 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY AMENDING TABLE 36.1 THEREOF." Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley Nays: None Motion by Mr. Moody, and seconded by Mr. Heretick, to adopt the following ordinance approved on first reading at the November 10, 2009 meeting, and was adopted by the following vote: 09-567 (c): "ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY ADOPTING A NEW APPENDIX B THERETO ENTITLED "DOWNTOWN D- 2 ZONING DISTRICT." Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley Nays: None - City Manager's Report - 09 - 592 - Adoption of an ordinance to amend Chapter 38 of the Code of the City of Portsmouth, Virginia (2006), by amending Section 38-366 thereof pertaining to guns on city lakes and lake property. Vision Principle: Bold New Directions. Background: . The General Assembly of Virginia has enacted legislation to bar localities from enacting or enforcing any ordinances or policies that prohibit, restrict, or regulate firearms, with only a few exceptions. The City still has an ordinance that prohibits guns on the City's lakes, which are located in Suffolk. Under the state law referenced, the present ordinance cannot be enforced, even though it predates the state law. Discussion: . This ordinance repeals the existing prohibition on guns on City-owned lakes. . To the best of staff's knowledge, the ordinance has never been enforced In recent years. . If the ordinance were ever enforced, the City could be held liable for the defendant's attorney fees, as recently occurred to the City of Norfolk on multiple occasions. Financial Impact: . No financial impact. Recommended Action: . Adoption of the ordinance IS recommended. Vision Principle: Bold New Directions.