Chap. 125.—An ACT to amend and re-enact section 19 of the charter of the city
of Richmond as heretofore amended, in relation to the powers of the city
council; and to amend and re-enact section 64 of the said charter in relation
to the duties of the city engineer.

Approved March 3, 1908.

1. Be it enacted by the general assembly of Virginia, That section
nineteen of the charter of the city of Richmond, as heretofore amended,
and that section sixty-four of the charter of the said city be amended and
re-enacted so as to read as follows:

§19. The council of the city of Richmond shall have power to enact
suitable ordinances to secure and promote the general welfare of the
inhabitants of the city, by them deemed proper for the safety, health,
peace, good order, and morals of the community, and to make and adopt
ordinances and resolutions concerning the control and management of
the fiscal and municipal affairs of the city, and of all property, real and
personal, belonging thereto, deemed proper to secure the selection of
honest and competent officers and to promote efficiency and integrity in
the discharge of official duties. They shall, in addition, likewise have
power to make such ordinances, resolutions and regulations as they may
deem desirable and suitable to carry out the following specified powers
which are hereby vested in them:

19a. To establish markets in and for said city; appoint clerks and
proper officers therefor; prescribe the times and places for holding the
same; provide suitable buildings therefor, and to enforce such regu-
lations as shall be necessary or proper to prevent huckstering, fore-
stalling, and regrating.
19b. To erect or provide, in or near the city, suitable work houses,
houses of correction or reformation, and houses for the reception and
maintenance of the poor and destitute. They shall possess and exer-
cise exclusive authority over all persons within the limits of the city
receiving or entitled to the benefits of the poor-laws; appoint officers
and other persons connected with the aforesaid institutions, and regu-
late pauperism within the limits of the city; and the council, through
the agencies it shall appoint for the direction and management of the
poor of the city, shall exercise the powers and perform the duties
vested by law in overseers of the poor.

19c. To erect and keep in order all public buildings necessary or
proper for said city; to open, regulate the use of, and to ornament
public squares and parks, and may maintain nurseries for the propa-
gation and growth of trees and shrubs to be used for the purpose of
improving, shading and ornamenting such squares, parks and streets of
the city, and may authorize the exchange or donation of any surplus
stock of such trees or shrubs to be used for a like purpose by other
persons within or without the city.

19d. To erect within said city a city prison, and said prison may
contain such apartments as shall be necessary for the safe keeping and
employment of all persons confined therein.

19e. To establish, maintain, enlarge or improve water works, gas
works, and electric plants within or without the limits of the city of
Richmond, and furnish water, gas, and electricity to consumers for
domestic or commercial purposes, and charge and: collect compensation
therefor, and to accomplish these purposes, to contract and agree with
owners of land for the use or purchase thereof, and for all land, rights,
or easements necessary for the construction, maintenance or repair of
dams, sluices, conduits, culverts, pipes, basins, reservoirs, poles or wires
connected therewith, or any fixture or appurtenance thereof, or may
have the same condemned for said purposes and for the supplying of
water to any canal, sluice, pipes or other fixture or applicance used in
connection with said water works whenever, in their discretion, they
may deem the same necessary or desirable: provided, that the natural
drainage of any roads, streets, or lands outside of its corporate limits
shall not be impeded or illegally interferred with by the city in the
erection or construction of the works and improvements, or the doing of
any other acts authorized by this charter. They shall have power to
protect from injury by adequate penalties the said works, pipes, poles,
wires, fixtures, land and canals, or anything connected therewith, within
or without the limits of said city, and to prevent the pollution of
water in James river or in any branch or stream flowing into the same
by prohibiting the throwing or discharge in any manner of any filth,
offensive and deleterious matter or liquid therein within fifteen miles
above the said works, as to render, or probably to render, the water
impure. There shall be no lease nor sale of the city gas, water, or elec-
tric works, unless the proposition shall first be submitted to the voters
of the city of Richmond, at some regular election, and receive in favor
thereof a majority of all votes cast at such election.

19f. To establish, construct, keep in order, alter or remove landings,
wharves, docks, streets and approaches thereto, and the lands already
belonging to the city or acquired by the city by condemnation or other-
wise, for such purpose, and to lay and collect a reasonable duty on ves-
sels coming to and using the same, or lease the use of such landings,
wharves or docks upon such terms and conditions as to them may seem
just, and to regulate the manner of using other wharves and landings
within the corporate limits, to prevent or remove all obstructions in
and upon any landings, wharves or docks. The said city shall have the
power to improve and keep in good, safe and navigable condition the
harbor of James river, within the corporate limits, and to that end to
acquire, by condemnation or otherwise, all lands or interests therein
deemed by the council necessary for such improvement, and to hold
such land as public property, or lease, sell or otherwise dispose of the
same, for the better improvement, maintenance of use of harbor. They
may also appoint port-wardens for the port of said city, who shall exer-
cise such powers as the council may give them up to the port-warden’s
lines, as they may be established from time to time by the United
States government, and fix their fees and compensation. The city council
of said city shall have all the powers set forth in sections two thousand
and eleven, two thousand and thirteen, and two thousand and fourteen
of the Code of Virginia, eighteen hundred and eighty-seven, which
powers it may delegate to some proper committee of persons satis-
factory to the said council.

19g. To close or extend, widen vr 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 heen or may be
ceded to the city, like authority as over other streets or alleys. They
may build bridges in and conduits under said streets, or authorize the
construction of conduits, and annex conditions and restrictions to the
construction, maintenance and use thereof and they may prevent or
remove any structure, obstruction or encroachment over or under or in
any 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 works, 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. And in
any action against the city to recover damages against it, for any neg-
ligence in the construction or maintenance of its streets, alleys or parks,
where any person is liable with the city for such negligence, every such
person shall be joined as defendant with the city in any action brought
to recover damages for such negligence, and where there is a judgment
or verdict against the city, as well as the other defendant, it shall be
ascertained by either the court or the jury, which of the defendants is
primarily liable for the damages assessed.

19h. To construct and maintain or authorize the construction or
maintenance of bridges and viaducts over James river or other stream or
creek, or over any ravine, where any portion thereof is within the city
limits, and to construct and maintain, or authorize the construction and
maintenance of, subways, vaults, areas, or cellars under the streets or
other public places, or elsewhere within the limits of the city, and
charge and collect compensation for use of same, and to prevent injury
to or obstruction of the streets, alleys, or other public places or property
of the city; but any bridge constructed across James river under
authority of this section shall be free to the public, except that com-
pensation may be required of transmission or transportation companies
for the-use of such bridge.

19i. To authorize the laying down of railway tracks in the streets of
the city and the running of cars thereon, under such conditions and
regulations as they may prescribe, and also, from time to time, to pre-
scribe additional conditions and regulations as to the construction, re-
construction, repair, and maintenance of the tracks, road-bed, and cars,
and the running of cars on such tracks. The city council may take,
under any contract heretofore made, hold, maintain and operate any
street railway and fixtures thereto belonging, lying within the city, and
the lots and buildings and appurtenances owned by such company, and
the equipment thereof, and maintain and operate the same for the
carriage of passengers or freight, for hire or reward, or, when so taken,
the council may grant the same to be operated by some other person ;
and, in order to meet the expense of such acquisition, may issue bonds,
to be known as “city railway bonds,” and secure the same upon the road-
bed, tracks, rolling stock, and earnings of such street ‘railway. The city
council may likewise construct sewers, culverts, or drains under the
streets, alleys or other public places of the city, and may compel the
use thereof, and assess the expense of such construction and recon-
struction upon the real estate which, in their opinion, shall be benefited
thereby, as prescribed by section one thousand and forty-three of the
Code of eighteen hundred and eighty-seven, as amended by an act
approved March four, eighteen hundred and ninety-six (acts eighteen
hundred and ninety-five and ninety-six, page seven hundred and ninety-
nine), or they may, in lieu of such assessment, assess and collect com-
pensation for the use of such sewers, culverts, or drains and compel the
payment of such compensation ; and in order to meet the expense of the
construction of such sewers, culverts, or drains, may issue bonds, to be
known as “culverts bonds,” to the payment of the interest on which all
revenue derived from the hire of the use of such sewers, culverts, or
drains shall be dedicated.

And the city council may acquire, by condemnation or otherwise, any
interest or right of any property holder in and to the use of any sewer,
culvert, or drain already constructed in the city, and when such right
shall be so acquired, charge such person for the use of the same.

19j. To determine and designate the route and grade of any railroad
to be laid in said city, and to restrain and regulate the rate of speed of
locomotives, engines, and cars upon the railroads within the said city,
and may wholly exclude the said engines or cars, if they please; pro-
vided, no contract be thereby violated.

19k. To regulate and prescribe the breadth of tires upon the wheels
of wagons, carts, and vehicles of heavy draft upon the streets of said city :
but the foregoing shall not apply to vehicles coming into and not owned
in said city; and to limit the speed of street cars and vehicles on the
streets, and to prescribe the motive power that may be used for their
propulsion, and also to prescribe the kind, character, and weight of
vehicles that may be used in parks and on any particular street or
streets.

191. To require spirituous liquors, wines, oils, molasses, vinegar, and
spirits of turpentine, in casks, to be gauged and inspected; and may
make such provision 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
authorities 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 pro-
vide for measuring corn, oats, grain, coal, stone, wood, lumber, boards,
potatoes, and other articles for sale or barter.

19m. To require every merchant, retailer, trader and dealer in mer-
chandise, or property of any description, which is sold by measure or
weight, to cause their weights or 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.

19n. To grant aid to military companies and regiments organized
within the city; to societies or associations for the advancement of
agricultural and the mechanic arts; to scientific, literary, and benevo-
lent societies: provided, such societies or associations 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.

190. To secure the inhabitants from contagious, infectious or other
dangerous diseases ; to establish, erect and regulate hospitals; to provide
for and force the removal of patients to said hospitals; for the appoint-
ment and organization of board of health for said city, with the authority
necessary for the prompt and efficient performance of its duties; to
authorize the supervision by a city official of the construction and main-
tenance of all water and sewerage pipes, traps and other fixtures, and to
require the use of such pipes, traps and other fixtures as the city council
or its duly authorized official or committee may deem proper as sani-
tary measures; for the prescribing of the duties of the coroner of the
city of Richmond, who shall be appointed, as provided under the general
statutes of the State, by the judge of the hustings court, but who shall
receive, instead of fees, a salary to be determined by the city council, and
to be paid by the city: provided, the salary of the said coroner shall not
be less than two thousand dollars. He shall be a physician of not less
than five years’ standing, and shall also be a chemist. He shall hold
all the inquests and make all post-mortem examinations without the
assistance of any medical experts for whose assistance the city may be
liable, without the consent of the mayor.

19p. To provide, in or near the city, lands to be appropriated, im-
proved, 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 dead in the city, except
in the public burying-ground; may regulate burials in said grounds,
and may require the keeping and return of bills of mortality by the
keepers or owners of all cemeteries.

19q. To establish a quarantine ground for the city; but before said
ground shall hereafter be located in any county the assent of the circuit
court of said county or the judge thereof in vacation shall be obtained.

19r. To require and compel the abatement and removal of all nuis-
ances, and to raze or compel the proper repair of all unsafe or danger-
ous buildings, walls, or other structures or buildings which, by their
neglect or otherwise, constitute a menace to health or thereby are liable
to originate or spread fire, within said city, at the expense of the person
or persons causing the same, or the owner or owners of the ground where-
on the same shall be, or the owner or owners of such building or other
structure; to prevent or regulate slaughter-houses and soap and candle
factories within said city, or the exercise of any dangerous, offensive, or
unhealthy business, trade or employment therein, and to regulate the
transportation of coal and other articles through the streets of the city.

19s. If any ground in the said city shall be subject to be covered by
stagnant water, or if the owner or owners, occupier, or occupiers thereof,
shall permit any offensive or unwholesome substance to remain or ac-
cumulate therein, the council may cause such ground to be filled up,
raised, or drained, or may cause such substances to be covered or to be
removed 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
reasonable 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 four weeks in any
newspaper printed in said city.

19t. To direct the location of all buildings for storing gun-powder or
other combustible substances, and to regulate the sale or use of gun-
powder, fire-crackers, or fire-works manufactured or prepared therefrom,
kerosene oil, nitro-glycerine, camphene, burning fluid, or other com-
bustible material; to regulate the exhibition of fire-works, the discharge
of fire-arms, the use of candles and lights in barns, stables, and other
buildings, and to restrain the making of bonfires in streets and yards.

19u. To prevent hogs, dogs, and other animals from running at large
in the city, and may subject the same to such confiscations, regulations,
and taxes as they may deem proper; and the council may prohibit the
raising or keeping of hogs in the city.

19v. To prevent the riding or driving of horses or other animals at
an improper speed; to prevent the flying of kites, throwing stones, or
the engaging in any employment or sports in the street or public alleys
dangerous or annoying to passengers, and to prohibit and punish the
abuse of animals.

19w. To restrain and punish drunkards, vagrants, mendicants, and
street beggars.

19x. To prevent vice and immorality; to preserve public peace and
good order; to prevent and quell riots, disturbances, and disorderly as-
semblages; to suppress houses of ill fame and gaming houses; to prevent
lewd, indecent, and disorderly conduct or exhibitions in the city, and to
expel therefrom persons guilty. of such conduct who shall not have
resided therein as much as one year.

19y. To forbid and prevent the vending or other disposition of liquors
and intoxicating drinks, to be drunk in any canal boat, store, or other
place not duly licensed ; and to forbid the selling, or giving to be drunk,
any intoxicating liquors to any child or young person, without the con-
sent of his or her parents or guardian; to grant, or refuse, licenses to
sell wine, or spirituous or fermented liquors, under such regulations as
it may prescribe; and to limit the number of licenses so granted; and
for any violation of any such ordinance, may impose fines in addition
to those prescribed by the laws of the State.

19z. 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 Richmond, to enter into bond,
with satisfactory 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 compel the persons to
leave the city if they have not been in the city more than thirty days
before the order is given.

§64. The said engineer shall be the general superintendent of the
streets, culverts, public buildings, and all public improvements. He
shall make such surveys, reports, drawings, plans, specifications, and
estimates, needed in any department of the city government, as the city
council may require of him, and do, in relation thereto, whatever else
they may direct concerning the same. All surveys or other acts, which
may be made or done by said engineer, shall be as valid and effectual as
if the same were done by a surveyor of a county, and the map or plan of
the city, or a part thereof now on file in his office, made in pursuance of
the charter of the city or other statute of the State, and approved by
resolution of the council of June twenty-fourth, eighteen hundred and
seventy-two, or copy of such map, shall be prima facie evidence in the
courts of the Commonwealth of the boundaries and lines of the streets,
alleys and other public places of the city shown thereon. He shall keep
his office in such place as the city council may direct, and shall keep
therein all maps, drawings, and papers pertaining to his office. He shall
keep a record of all his proceedings, and a set of books, in which shall be
entered, under appropriate heads, the receipts and expenditures of his
department; and all the books and papers of his office shall be open at
all times to the inspection of the mayor, to the members of the city
council, or to any committee or committees thereof: provided, however,
that the council may assign the powers and duties of said engineer as
general superintendent of public buildings, or any of them, and the
supervision and control of the same, to some other officer under such
regulations as it may prescribe.

2. The interests of the city of Richmond requiring that these amend-
ments should be effective at an early day, this act shall be in force from
its passage.