§ 8.01-324. Newspapers which may be used for legal notices and publications.
A. Whenever any ordinance, resolution, notice, or advertisement is requiredby law to be published in a newspaper, such newspaper, in addition to anyqualifications otherwise required by law, shall:
1. Have a bona fide list of paying subscribers;
2. Have been published and circulated at least once a week for twenty-fourconsecutive weeks without interruption for the dissemination of news of ageneral or legal character;
3. Have a general circulation in the area in which the notice is required tobe published;
4. Be printed in the English language; and
5. Have a second-class mailing permit issued by the United States PostalService.
B. However, a newspaper which does not have a second-class mailing permit maypetition the circuit court for the jurisdiction in which the newspaper islocated for authority to publish ordinances, resolutions, notices oradvertisements. Prior to filing the petition, the newspaper shall publish anotice of intention to file a petition pursuant to this section in anewspaper published or having general circulation in the jurisdiction inwhich the petition will be filed. The court shall grant the authority for aperiod of one year upon finding that the newspaper (i) meets the requirementsof subdivisions A 2, A 3, and A 4; (ii) has been continually published for atleast one year, employs a full-time news staff, reports local current eventsand governmental meetings, has an editorial page, accepts letters to theeditor and is, in general, a news forum for the community in which it iscirculated; (iii) has a circulation within the community to which thepublication is directed and maintains permanent records of the fact andsubstance of the publication; and (iv) has an audit of circulation certifiedby an independent auditing firm or a business recognized in the newspaperindustry as a circulation auditor. The authority shall be continued forsuccessive one-year periods upon the filing of an affidavit certifying thatthe newspaper continues to meet the requirements of this subsection.
C. If a county with a population of less than 15,000 had regularly advertisedits ordinances, resolutions, notices in a newspaper published in the countywhich had a general circulation in the county, a bona fide list of payingsubscribers, a second class mailing permit and the newspaper continued to bepublished in the county and continued to have a general circulation in thecounty but failed to maintain its bona fide list of paying subscribers andits second class mailing permit, any advertisement of ordinances,resolutions, notices in the newspaper by the county shall be deemed to havebeen in compliance with this section.
(Code 1950, § 8-81; 1977, c. 617; 1983, c. 297; 1989, c. 611; 1992, cc. 392,537, 719; 2007, cc. 183, 603.)
§ 8.01-324. Newspapers which may be used for legal notices and publications.
A. Whenever any ordinance, resolution, notice, or advertisement is requiredby law to be published in a newspaper, such newspaper, in addition to anyqualifications otherwise required by law, shall:
1. Have a bona fide list of paying subscribers;
2. Have been published and circulated at least once a week for twenty-fourconsecutive weeks without interruption for the dissemination of news of ageneral or legal character;
3. Have a general circulation in the area in which the notice is required tobe published;
4. Be printed in the English language; and
5. Have a second-class mailing permit issued by the United States PostalService.
B. However, a newspaper which does not have a second-class mailing permit maypetition the circuit court for the jurisdiction in which the newspaper islocated for authority to publish ordinances, resolutions, notices oradvertisements. Prior to filing the petition, the newspaper shall publish anotice of intention to file a petition pursuant to this section in anewspaper published or having general circulation in the jurisdiction inwhich the petition will be filed. The court shall grant the authority for aperiod of one year upon finding that the newspaper (i) meets the requirementsof subdivisions A 2, A 3, and A 4; (ii) has been continually published for atleast one year, employs a full-time news staff, reports local current eventsand governmental meetings, has an editorial page, accepts letters to theeditor and is, in general, a news forum for the community in which it iscirculated; (iii) has a circulation within the community to which thepublication is directed and maintains permanent records of the fact andsubstance of the publication; and (iv) has an audit of circulation certifiedby an independent auditing firm or a business recognized in the newspaperindustry as a circulation auditor. The authority shall be continued forsuccessive one-year periods upon the filing of an affidavit certifying thatthe newspaper continues to meet the requirements of this subsection.
C. If a county with a population of less than 15,000 had regularly advertisedits ordinances, resolutions, notices in a newspaper published in the countywhich had a general circulation in the county, a bona fide list of payingsubscribers, a second class mailing permit and the newspaper continued to bepublished in the county and continued to have a general circulation in thecounty but failed to maintain its bona fide list of paying subscribers andits second class mailing permit, any advertisement of ordinances,resolutions, notices in the newspaper by the county shall be deemed to havebeen in compliance with this section.
(Code 1950, § 8-81; 1977, c. 617; 1983, c. 297; 1989, c. 611; 1992, cc. 392,537, 719; 2007, cc. 183, 603.)
§ 8.01-324. Newspapers which may be used for legal notices and publications.
A. Whenever any ordinance, resolution, notice, or advertisement is requiredby law to be published in a newspaper, such newspaper, in addition to anyqualifications otherwise required by law, shall:
1. Have a bona fide list of paying subscribers;
2. Have been published and circulated at least once a week for twenty-fourconsecutive weeks without interruption for the dissemination of news of ageneral or legal character;
3. Have a general circulation in the area in which the notice is required tobe published;
4. Be printed in the English language; and
5. Have a second-class mailing permit issued by the United States PostalService.
B. However, a newspaper which does not have a second-class mailing permit maypetition the circuit court for the jurisdiction in which the newspaper islocated for authority to publish ordinances, resolutions, notices oradvertisements. Prior to filing the petition, the newspaper shall publish anotice of intention to file a petition pursuant to this section in anewspaper published or having general circulation in the jurisdiction inwhich the petition will be filed. The court shall grant the authority for aperiod of one year upon finding that the newspaper (i) meets the requirementsof subdivisions A 2, A 3, and A 4; (ii) has been continually published for atleast one year, employs a full-time news staff, reports local current eventsand governmental meetings, has an editorial page, accepts letters to theeditor and is, in general, a news forum for the community in which it iscirculated; (iii) has a circulation within the community to which thepublication is directed and maintains permanent records of the fact andsubstance of the publication; and (iv) has an audit of circulation certifiedby an independent auditing firm or a business recognized in the newspaperindustry as a circulation auditor. The authority shall be continued forsuccessive one-year periods upon the filing of an affidavit certifying thatthe newspaper continues to meet the requirements of this subsection.
C. If a county with a population of less than 15,000 had regularly advertisedits ordinances, resolutions, notices in a newspaper published in the countywhich had a general circulation in the county, a bona fide list of payingsubscribers, a second class mailing permit and the newspaper continued to bepublished in the county and continued to have a general circulation in thecounty but failed to maintain its bona fide list of paying subscribers andits second class mailing permit, any advertisement of ordinances,resolutions, notices in the newspaper by the county shall be deemed to havebeen in compliance with this section.
(Code 1950, § 8-81; 1977, c. 617; 1983, c. 297; 1989, c. 611; 1992, cc. 392,537, 719; 2007, cc. 183, 603.)
