Chap. 232.—An ACT to amend and re-enact section 6, chapter 3, and section 9,
chapter 3, of an act to provide a charter for the city of Petersburg, ap-
proved March 11, 1875, as amended and re-enacted by an act approved
March 3, 1898.

Approved March 15, 1906.

1. Be it enacted by the general assembly of Virginia, That section six,
chapter three, and section nine, chapter three, of an act to provide a
charter for the city of Petersburg, approved March eleventh, one thou-
sand eight hundred and seventy-five, as amended and re-enacted by an
act approved March three, one thousand eight hundred and ninety- eight,
be amended and re-enacted so as to read as follows:

Chapter III.

$6. The city council shall have, subject to the provisions herein con-
tained, the control and management of the fiscal and municipal affairs
of the city, and all property, real and personal, belonging to the said city,
and may make such ordinances, orders, and by-laws relating to the same
as it shall deem proper and necessary. They shall likewise have the
power to make such ordinances, by-laws, orders, and regulations as they
may deem desirable to carry out the following powers, which are hereby
vested in them:

First. To establish markets in and for said city; prescribe the time:
and places for holding the same; provide suitable buildings therefor, and
to enforce such regulations as shall be necessary or proper to prevent huck-
stering, forestalling, and regrating.

Second. To erect or provide, in or near the city, suitable work-houses.
houses of correction and reformation, and houses for the reception and
maintenance of the poor and destitute. They shall possess and exercise
exclusive authority over all persons within the limits of the city receiving
or entitled to the benefit of the poor laws, and shall regulate pauperism
within the limits of the city, and annually appoint from each ward twe
overseers of the poor, who shall discharge their duties as prescribed by
law .

Third. To compel persons sentenced to confinement in the jail of the
city, for petit larceny or other misdemeanors, or violation of the cit
ordinances, to work on the public streets or property of the city, or to b:
sent to the poor house, there to perform such labor as the overseers 01
the poor may direct.

Fourth. To erect and keep in order all of the public buildings necessar
or proper for the said city ; to open, regulate, and ornament public squar
and parks.

Fifth. To provide, within said city, a city prison; and said prison ma}
contain such apartments as may be necessary for the safe-keeping an:
employment of all persons confined therein.

Sixth., To establish and enlarge water works, gas works, and electri
plants within or without the limits of the said city, and for the location
extension, or enlargement of their said works, the pipes, poles, or wire
connected therewith, or any of the fixtures or appurtenances thereof. an
for the supply of water for the said city and water power for water works
electric lighting, or any other purposes; to contract and agree with th
owner or owners of any land, water or water power, including the uppe
Appomattox company, for the use, purchase, or lease of the same, or
have the same condemned in the manner prescribed by chapter forty-si
of the Code of Virginia, in respect to land wanted for the purposes 0
the city: provided, that such condemnation of the property of or of th
water in the canal of the said upper Appomattox company, shall be ha:
only to effectuate any contract or agreement which may be made with sai
company, and shall not be such as to prevent said company from per
forming its duties as a navigation company; to take its said supply 0
water from the Appomattox river at any point at or above said city: pro
vided, said taking shall not be such as to prevent said company from per
forming its said duties, and, if necessary in order to make such takin:
legal, or if deemed advisable by said city, to contract and agree therefo
with all persons claiming any interest in the water in said river or t
have the same condemned in the manner prescribed by chapter forty-si:
of the Code of Virginia in respect to land wanted for the purposes of :
city. They shall have the power to protect from injury by adequat:
penalties the said works, pipes, poles, wires, and fixtures and land. o
anvthing connected therewith, within or without the limits of said city,
and to prevent the pollution of the water in Lieutenant run, the Appomat-
tox river, or any other source of supply, or any branch or stream flowing
into any of them, by prohibiting the throwing of filth, offensive or dele-
terious matter or liquid therein, or polluting the same in any other man-
ner above said works within fifteen miles above said works: provided,
that where natural drainage of any lands is into the said river, canal or
other source of water supply, it shall be the duty of said council to prop-
erly divert such drainage into some other outlet, at the expense of said
city, if they deem such diversion proper or necessary, and they may con-
demn such land as may be necessary for that purpose.

Seventh. To establish, construct, and keep in order, alter, or remove
landings, wharves, and docks on land belonging to or which may here-
after belong to said city, and to lay and collect a reasonable duty on
vessels coming to and using same; to prevent and remove all obstructions
in and upon such landings, wharves, and docks; to preserve peace and
sood order upon the same and upon all other wharves and landings in
said city. They may also appoint port wardens for the port of said
city, prescribe their duties, and fix their fees or compensation: provided,
no salary or compensation shall be paid such port wardens out of the city
treasury. ; ,

Eighth. To close or extend, widen or narrow, lay out, and graduate,
pave, and otherwise improve streets and public alleys in the city, and
have them properly lighted and kept in good order; and they shall have
over any street or alley in the city which has been or may be ceded to the
city like authority as over streets or alleys. They may build bridges over
and culverts under said streets, and may prevent or remove any struc-
ture, obstruction, or encroachment over or under or in a street or alley,
or any sidewalk thereof, and may have shade trees planted along the said
streets ; and no company shall occupy with its works the streets of the city
without the consent of the council. In the meantime no order shall be
made and no injunction shall be awarded by any court or judge to stay
the proceedings of the city in the prosecution of their work, unless it be
manifest that they, their officers, agents, or servants are transcending the
authority given them by this act, and that the interposition of the court
is necessary to prevent injury that cannot be adequately compensated in
damages.

Ninth. To prevent the cumbering of streets, avenues, walks, public
squares, lanes, alleys, or bridges in any manner whatever.

Tenth. To authorize the laying down of street railway tracks and the
running of horse, electric, or other street cars thereon, in the streets of
the city, under such regulations as they may prescribe.

Eleventh. To regulate and prescribe the breadth of the tires upon the
wheels of wagons, carts, and vehicles of heavy draft used upon the streets
of said city: provided, however, that this section shall not apply to
vehicles coming into and not owned in said city.

Twelfth. To require oil, molasses, vinegar, and spirits of turpentine,
ardent spirits, and wines, in casks, to be gauged and inspected; and may
make such provisions for the weighing of hay, fodder, oats, shucks, or
other long forage, as will not be in conflict with the act passed the twenty-
second of March, eighteen hundred and forty-seven, to prevent the au-
thorities of said city from laying and collecting a tax on the bales of hay
sent by the farmers of the State to said city. They may also provide for
measuring corn, oats, grain, coal, stone, wood, lumber, boards, potatoes,
and other articles for sale or barter.

Thirteenth. To require every merchant, retailer, trader, and dealer in
merchandise, or property of any description which is sold by measure
or weight to cause their weights and measures to be sealed by the city
sealer, and to be subject to his inspection; and may impose penalties
for any violation of any such ordinance.

Fourteenth. To grant aid to societies or associations for the advance-
ment of agriculture and the mechanic arts: provided, such societies or
association are located in or near the city, or, in the case of agricultural
societies, shall hold their fairs in or near the city; and to provide or aid
in support of public libraries and public schools.

Fifteenth. To secure the inhabitants from contagious, infectious, or
other dangerous diseases; to establish, erect, and regulate hospitals; to
provide for the removal of patients to said hospitals, who may consent to
be removed, or who may not be provided at their own residences with
necessary accommodations; for the appointment and organization of a
board of health for said city, with the authority necessary for the prompt
and efficient performance of its duties.

Sixteenth. To provide, in or near the city, lands to be appropriated.
improved, and kept in order, as places for the interment of the dead, and
may charge for the use of ground in said places of interment; and may
regulate the same; may prevent the burial of the dead in the city, except
in the public burial grounds; may regulate the burials in said grounds,
and may require the keeping and return of bills of mortality of the
keepers or owners of all cemeteries.

Seventeenth. To require and compel the abatement and removal of all
nuisances within said city, at the expense of the person or persons causing
the same, or the owner or owners of the ground whereon the same shall
be; to regulate and prevent slaughter-houses, soap factories, and candle
factories, or the prosecution of any dangerous, offensive, or unhealthy
business, trade, or employment therein, which may be injurious to the
inhabitants of said city; and to regulate the transportation of coal or
other articles through the streets of the city.

Eighteenth. If any ground in the said city shall be subject to be cov-
ered with stagnant water, or if the owner or owners, occupier or occupiers
thereof shall permit any offensive or unwholesome substance to remain
or accumulate therein, the council may cause such ground to be filled up,
raised, or drained, or may cause such substance to be covered or to be re-
moved therefrom, and may collect the expense of so doing from the said
owner or owners, occupier or occupiers, or any of them by distress and
sale, in the same manner in which taxes levied upon real estate for the
benefit of said city are authorized to be collected: provided, that reason-
able notice shall be first given to the said owners or their agents. In
case of non-resident owners, who have no agent in said city, such notice
may be given by publication for not less than two weeks in any newspaper
published in said city.

Nineteenth. To direct the location of all buildings for storing gun-
powder, or other combustible substances, and to regulate the sale and use
of gunpowder or fire-crackers or fire-works prepared therefrom, kerosene
oil, nitroglycerin, camphene, burning fluid, or other combustible material ;
to regulate or prevent the exhibition of fire-works, the discharge of fire-
arme, the use of candles or lights in barnes, stables, and other buildings,
and to restrain the making of bon-fires in streets and yards, and the
marching or torch-light processions through the public streets.

Twentieth. To prevent hogs, dogs, and other animals from running at
large in the city, and may subject the same to such confiscations, regula-
tions, and taxes as they may deem proper, and the council may prohibit
the raising or keeping of hogs in the city.

Twenty-first. To determine and designate the route and grade of any
railroad to be laid in said city; to prevent the riding or driving of horses
or other animal at an improper speed; to prevent the running of steam
engines at an improper speed within the limits of said city, and to wholly
exclude the said engines if they please: provided, no contract or legisla-
tive authority be thereby impaired or violated; to prevent the flying of
kites, throwing stones, or the engaging in any employment or sports in
the streets or public alleys dangerous or annoying to passengers; and to
prohibit and punish the abuse of animals.

Twenty-second. To restrain and punish drunkards, vagrants, mendi-
cants, and street beggars. ,

Twenty-third. To prevent vice and immorality; to preserve public
peace and good order; to prevent and quell riots, disturbances, and dis-
orderly assemblages; to suppress houses of ill-fame and gaming-houses ;
to prevent lewd and disorderly conduct or exhibitions in the city, and to
expel therefrom persons guilty of such conduct who shall not have re-
sided therein as much as one year.

Twenty-fourth. To forbid and prevent the vending or other disposition
of liquors and other intoxicating drinks, to be drunk in any boat, store
or other place not dulv licensed, and to forbid the selling or giving to be
drunk any intoxicating liquors to any child or young person without the
consent of his or her parents or guardian, and for violation of any such
ordinances may impose a fine in addition to those prescribed by the laws
of the State.

Twenty-fifth. To prevent the coming into the city, from beyond the
limits of the State, of persons having no ostensible means of support, or
of persons who may be dangerous to the peace and safety of the city, and
for this purpose may require any railroad company or the captain or
master of any vessel bringing such passengers to Petersburg to enter into
hond, with satiefactory security, that such persons shall not become
chargeable to the city for one year, or may compel such company, captain,
or master to take them back from whence they came, and to compel such
persons to leave the citv if they have not been therein more than thirty
days before the order is given.
Twenty-sixth. They may make all needful ordinances for the pro-
tection of property, and for that purpose may, from time to time, desig-
nate such portions and parts of said city as it shall think proper, within
which no buildings of wood shall be erected, and may regulate the man-
ner of construction of all buildings. They may prohibit the erection of
wooden buildings in any portion of the city, without permission obtained
from them, and shall, on the petition of the owner or owners of not less
than one-fourth of the ground included in any square of the city, prohibit
the erection in such square of any building, or addition to any building.
unless the outer walls thereof be made of brick or mortar or some other
fire-proof material, and provide for the removal of any such building, or
addition which may he erected contrary to such prohibition, at the expense
of the builder or owner thereof. And if any building shall have been
commenced before said petition can be acted on by the council, or if a
building in progress appear clearly to be unsafe, the council may have such
building taken down, at the exclusive proper cost of the owners of such.
Whenever any building in the said city shall be on fire, it shall be the
duty of and he lawful for the chief engineer to order and direct such
building, or any other building which he may deem hazardous and likely
to communicate fire to other buildings, or any part of such buildings, to
be pulled down and destroyed; and no action shall be maintained against
any person or against the city therefor, but any person interested in any
such building so destroyed or injured may, within three months there-
after, apply to the council to assess and pay the damages he has sustained.
At the expiration of three months if any such application shall be made in
writing, the council shall either pay the said claimant such sum as shall
be agreed upon by them and the said claimant for damages, or if no such
agreement shall be effected, shall proceed to ascertain the amount of such
damages, and shall provide for the appraisal, assessment, collection, and
payment in the same manner as is provided for the ascertainment, assess-
ment, collection, and payment of damages sustained by the taking of land
for the purpose of public improvement. ‘The commissioner appointed to
appraise and assess the damages incurred by the said claimant, by the pull-
ing down or destruction of said building, or any part thereof, by the direc-
tion of the said officer, as above provided, shall take into account the prob-
ahilitv of the same having been destroyed or injured by fire if it had not
been so pulled down or destroved, and may report that no damages should
equitably be allowed to such claimant. Whenever a report shall be made
and confirmed in the said proceedings for appraising and assessing the
damages, a compliance with the terms thereof by the council shall be
deemed a full satisfaction of all said damages to the said complainant.
But any party feeling aggrieved thereby, may appeal to the hustings or
circuit court for the city of Petersburg, which court, in taking jurisdiction
therefore, shall be controlled by the laws regulating assessment of dam-
age to real estate in other cases, in all such cases such court taking into
account the probabilities of the damage from destruction of the property
under the circumstances.

Twenty-seventh. To elect, in joint meeting, a board to be known a&
the “police commission,’ "and a board to be known as the “fire commis:
sion,” each to consist of three members, who shall be qualified electors of
the city. The members of the boards first elected hereunder shall be
erected on the first day of July, nineteen hundred and six, or as soon
thereafter as practicable, for terms of one, two and three years, respec-
uvely, and thereafter they shall be elected for terms of three years. But
no person shall be elected as a member of either board who shall not re-
ceive the votes of a majority of all the members clected to each branch
of the council. Their terms shall begin on the first day of July in the
year in which they are herein directed to be elected, and they shall con-
tinue in office until their successors are qualified. They shall qualify
within ten days after their election by taking and subscribing the oath
ceqnired of other city officers, and filing the same with the city auditor.
If a member of either board shall fail to qualify within that time, the
council in joint meeting shall elect another in his place, and all vacan-
cies shall be filled by the council, in like manner, for the unexpired term.
The respective boards shall elect one of their number president and an-
other secretary, but any two of them shall constitute a quorum for the
transaction of business, and in case of the absence of either its president
or secretary, may elect a president or secretary pro tempore. A member
of either board may be removed for good cause at any time, by the coun-
cil. in joint meeting, by the vote in the affirmative of a majority of all the
members elected to each branch thereof; and if any member of either
voard is named as an applicant or candidate or as a proper man to be
supported as a candidate for any office or to receive such office, the presi-
dent of the board of aldermen or in his absence the president of the com-
mon council, on receiving information thereof, shall notify him of the
fact, and if he shall not within ten days thereafter file with the city
auditor a statement in writing signed by him that he is neither a candi-
date nor applicant for such office, and that he will not serve if elected or
appointed, the council shall in joint meeting declare his place vacant, and
fill the same as hereinbefore prescribed.

Each of said boards shall keep a record of its proceedings, and on the
first day of July each year, and-oftener if occasion requires, submit to the
council a report of its operations and of the condition of the department
under its control, and its recommendations for the advancement and
efficiency thereof.

In July, nineteen hundred and six, and every four years thereafter, the
police commission, as soon as its members shall have been qualified, as
hereinbefore prescribed, shall elect a police corps for the city, consisting
of such officers and patrolmen as are now or may hereafter be prescribed
by the council, whose term of office shall be four years, beginning on the
first day of July in the year in which they are herein directed to be
elected, and who shall continue in office until their successors are quali-
fied. From the patrolmen it shall designate as many sergeants as the
council may prescribe, who may be returned to ranks and others desig-
nated by it whenever and as often as the interests of the service may, in
its judgment, require, and who shall receive a sergeant’s pay, as pre-
scribed by the council, only while filling the position of sergeant. The
members of the police force shall perform such duties as may be pre-
scribed by law and the ordinances of the city, and the rules, regulations,
and orders of the police commission not inconsistent therewith. The
chief of police shall be responsible to the police commission for the
good order and efficiency of the force, and all orders to the other officers
and patrolmen of the force shall pass through him.

In like manner the fire commission shall, in July, nineteen hundred
and six, and every four years thereafter, as soon as its members shall have
been qualified, elect a chief of the fire department, and such other officers
thereof as the council shall from time to time prescribe, whose term of
office shall be four years, beginning on the first day of July in the year in
which they are herein directed to be elected, and who shall continue in
office until their successors are qualified. It shall also from time to time
employ such minute men, at such rate of compensation as the council may
prescribe, for such time as it may think proper, and may, at any time,
discharge them and employ others.

The members of the fire department shall perform such duties as are
or may be prescribed by law and the ordinances of the city, and the rules,
regulations, and orders of the fire commission not inconsistent therewith.
The chief of the fire department shall be responsible to the fire commis-
sion for the good order and efficiency of the department, and all orders
to the other officers and minute men thereof shall pass through him.

The police commission and fire commission may each adopt, promul-
gate, and enforce rules, regulations, and orders for the organization, gov-
ernment, training and efficiency of the force under its control, not incon-
sistent with the Constitution and laws of the State or of the United
States, the ordinances of the city, or the power of the mayor, under the
Constitution of the State, to temporarily suspend a member of either force
until the offense with which he may be charged can be investigated, and
to prescribe what dresses or badges of authority shall be worn by them.
As a punishment for any misfeasance in office or neglect of duty, or the
infraction of any rule, regulation, or order, adopted for the government
or conduct of the police and fire departments, respectively, or their mem-
bers, the police commission, or the fire commission, as the case may be.
may fine the offending member of the department under its control not
exceeding twenty dollars, or suspend him not exceeding twenty days, or
remove him from office: provided, he is first given an opportunity to be
present and to be heard touching the charge against him. At such hear-
ing he shall have the right to be confronted with the witnesses against
him. and to introduce evidence in his defense. In case a fine is imposed
it shall be deducted from his pay, and in case of suspension it shall be
without pay during its continuance. In case of suspension or removal
the accused may appeal of right within five davs thereafter to the judge
of the hustings or corporation court, who shall hear the case de novo,
without a jury, in term time or in vacation, and his decision shall be
final. In time of exigency the police commission, or any one of them, if
the others be absent from the city or be unable to act, may appoint tem-
porarily, without authority from the council, a suitable number of addi-
tional policemen for such time, not exceeding five davs, as shall appear
necessary, at such compensation as is paid to the regular policemen.
The person so appointed shall be subject to the same government anc
ontro] as the regular police force, and shall perform such police dutie:
s may be assigned to them. The mayor may, by warrant in writing
igned by him, confer police powers upon the port warden, the clerks o!
he markets, the keepers of the parks and cemetery, the watchmen anc
ustodians of the city reservoirs, the janitor of the courthouse and other
ublic buildings, and such other officers and employees of the city a:
hall have custody of any other of the city’s property, to he exercised with
espect to the property under the charge of the person so appointed.

$9. On the first day of July. nineteen hundred and six, or as soon
hereafter as practicable, and every four vears thereafter, the council, ir
oint session, shall elect all city officers not elected by the people, excep!
he members of the police commission and the fire commission hereinbe-
ore provided for, for terms of four years, beginning on the first dav of
‘aly in the vear in which thev are herein directed to he elected. The
ity officers so elected shall continue in office until their successors arc
aalified. The council in joint session shall have power by the affirmative
ote of a majority of all the members elected to each branch thereof to
emove from office for malfeasance, misfeasance. gross neglect of duty.
t for gross incompetency, any officer elected or appointed by it under
nd by virtue of the terms of this act. such removal to be deemed a
acation of office. Where such vacancy occurs, or where a vacancy occurs
rom any other cause, in any of said offices, the counci] in joint session

hall fill the same.