Chap. 363.—An ACT to amend and re-enact section 35 of an act approved
April 2, 1902, entitled an act to provide a new charter for the town of
Covington, in the county of Alleghany, and to repeal all other acts with
reference thereto.

Approved March 18, 1910.

1. Be it eancted by the general assembly of Virginia, That section
thirty-five of the charter of the town of Covington, be amended and re-
enacted so as to read as follows:

§35. The town council, as now constituted or hereafter elected, shalt
have, subject to the provisions of this act, the control and management
of the fiscal and municipal affairs of the town and of property, real and
personal, belonging to said town, and make such ordinances, orders, and
by-laws relating to the same as they shall deem proper and necessary ;
they shall likewise have power to make such ordinances, orders, and by-
laws and regulations they shall deem necessary and proper and to carry
out the powers which are hereby vested in them.

First. To establish, enlarge, and operate a system of sewerage, water
works, gas works, and electric light works within or without the limits
of the town; to contract or agree with the owners of any land for the
use and purchase thereof, or to have the same condemned according to
law, within or without the town, for the location, extension and enlarge-
ment of their said works, the pipes or wire connected therewith, or any
other appurtenances or fixtures thereof, and shall have power to protect
from injury, by ordinance prescribing adequate penalties, the works,
pipes, fixtures, and land, or anything connected therewith, whether within
or without the limits of said town.

Second. To close or extend, widen or narrow, straighten, lay out,
graduate, curb, and pave, and otherwise improve the streets, sidewalks,
and public alleys in the town, and have them kept in good order and
properly lighted; and over any street or alley in the town which has
been or may be ceded to the town, or conveyed to the town by proper
deed, they shall have like power and authority as over other streets and
alleys; they may build bridges in and culverts under said streets, and may
prevent or remove any structure, obstruction, or encroachment over or
under or in any street, sidewalk, or alley in said town; and may permit
shade trees to be planted along said streets; but no company, firm, or in-
dividual shall occupy with its or his works or appurtenances thereof the
streets, sidewalks, or alleys of the town without the consent of the coun-
cil duly entered of record ; and wherever, in the construction of any sewer
or conduit, it is necessary that the same should pass through or under
private property, the said council shall have authority to contract and
agree with the owners thereof for the use and purchase of the right of
way through or under the same, or have the same condemned according
to law. The said council shall have power to authorize the laying down
of railway tracks and the running of cars thereon in the streets of the
town by electricity or other motive power, under such regulations as the
council may prescribe.

Third. To prevent the cumbering of streets, sidewalks, alleys, lanes,
or bridges in the town in any manner whatever, and to have full and
complete control of the same.

Fourth. To determine and designate the route and grade of any rail-
road to be laid in said town, and to restrain and regulate the speed of
bicycles, traction engines, locomotives, engines, and cars upon the rail-
roads within said town, and may wholly exclude such engines and cars if
they please, provided that no contract is hereby violated.

Fifth. To secure the inhabitants from contagious, infectious, or other
dangerous diseases ; to establish, erect, and regulate hospitals; to provide
for and enforce the removal of patients to said hospitals; to appoint and
organize a board of health for said town, with the authority necessary for
the prompt and efficient performance of its duties.

Sixth. To require and compel the abatement and removal of all nui-
sances within said town at the expense of the person or persons causing
the same, or the owner or owners of the ground whereon the same may
be; to require and compel the owners of houses in the town, or if the
owner be unknown or absent, the occupants of such houses, to connect
their water-closets and water drains with the sewer of the town, provided
such sewer be within a distance of sixty feet of the lot upon which such
house or houses are situated; and upon their failure so to do, the same
may be done by the town, and the cost attending the same shall be col-
lected from the owners or occupants of such houses as taxes are herein in
this act allowed to be collected by the town.

Seventh. If any ground in said town shall be subject to be covered
with stagnant water, or if the owner or occupiers thereof shall permit any
offensive or unwholesome substance to remain or accumulate therein, the
council may cause such grounds to be filled up, raised or drained, or may
cause such substance to be covered or to be removed therefrom and may
collect the expenses 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 town are author-
ized to be collected: provided, that reasonable notice shall first be given
to said owners or their agents. In case of non-resident owners who have
no agents in said town, such notice may be given by publication for not
less than four weeks in any newspaper printed in said town.

Eighth. To direct the location of all buildings for storing gunpowder,
fire-crackers, or other fireworks manufactured or prepared therefrom,
kerosene oil, nitroglycerine, camphene, burning fluid, or other combusti-
ble material; to regulate the exhibition of fireworks, the discharge of fire-
arms, the use of candles and lights in barns, stables, or other buildings,
and to regulate or restrain the making of bonfires in streets and yards.

Ninth. To prevent horses, cattle, hogs, dogs, and al] other animals
from running at large in said town, and may subject the same to such
confiscations, regulations, and taxes as they may deem proper; and the
council may prohibit the raising and keeping of hogs in the town, or in
any part thereof. .

Tenth. To prevent the riding or driving of horses or animals at an
improper speed, throwing stones, or engaging in any employment or
sport on the streets, sidewalks or public alleys dangerous or annoying to
passengers, and to prohibit and punish the abuse or cruel treatment of
horses or other animals in said town.

Eleventh. To restrain and punish drunkards, vagrants, and street
beggars; to prevent vice and immorality, obscenity, and profanity; to
preserve peace and good order; to prevent and quell riots, disturbances,
and disorderly assemblages ; to suppress houses of ill-fame and gambling
houses; to prevent lewd, indecent, and disorderly conduct or exhibitions
in said town, and to expel therefrom persons guilty of such conduct.

Twelfth. To prevent, forbid, and punish the selling of liquor and
intoxicating drinks in any place not duly licensed, and the selling or giv-
ing any intoxicating liquor to any child or minor; to provide for regulat-
ing the sale, within the town and within one mile of the corporate limits
thereof, of cider or other beverages containing alcohol, and to control the
sale of same through its police officers, and to prevent, forbid and punish
the selling or giving of cigarettes to any minor under sixteen years of age
without the consent in writing of his or her parents or guardian, and for
any violation of any such ordinance may be imposed such fine as the
council may prescribe.

Thirteenth. To prevent the coming into the town of persons having
no ostensible means of support, and of persons who may be dangerous to
the peace and safety of the town, and for those may require any railroad
company or stage company, or any person or persons bringing such per-
son to said town, to enter into bond, with satisfactory security, that said
persons shall not become chargeable to the town for the period of one year
thereafter, or may require and compel said company or persons to take
them back whence they brought them, and compel said persons to leave
town: provided, that such order to leave be issued within sixty days after
their arrival.

Fourteenth. To designate such portions and parts of the town as
they may deem proper within which no buildings of wood shall be
erected ; to prohibit the erection of wooden buildings in any portion of
the town without their permission ; and on the petition of the owners of at
least one-fourth of the ground included in any square of said town to pro-
hibit the erection on such square of any building or addition to any
building, unless the outer walls thereof be made of brick and mortar, or
stone and mortar, and to provide for the removal of any such building or
addition which shall be erected contrary to such prohibition at the ex-
pense of the builder or owner thereof, and if any such building shall have
been commenced before said petition can be acted upon by the council,
or if any building in progress of erection appears clearly to be unsafe, the
council may cause such building to be taken down.

Fifteenth. In addition to the special powers hereinbefore specifically
delegated to the town council, all general powers not in conflict with the
laws of this State or of the United States necessary for the proper and
efficient government of said town, and which are, by law, allowed to
municipal corporations, are hereby likewise delegated to and vested in
the said town council.