CHAP. 68.—An ACT to amend and re-enact section 2 of an act entitled
“an act to provide a charter and special form of government for the
city of Norfolk and to repeal the existing charter of said city, ap-
proved March 14, 1906, and the several acts amendatory thereof, ap-
proved respectively March 12, 1908, March 14, 1908 March 7, 1912,
March 138, 1912, March 18, 1914, March 17, 1914, March 24, 1914,
March 25, 1914, March 25, 1914, February 5, 1915, March 4, 1916,
March 11, 1916, March 16, 1916, March 17, 1916, March 20, 1916
March 20, 1916, and March 20, 1916, and all other acts and parts of
acts inconsistent with this act so far as they relate to the said ci
of Norfolk,” approved February 7, 1918. {H B 70

Approved September 9, 1919.

1. Be it enacted by the general assembly of Virginia, That
section two of an act entitled an act to provide a charter and
special form of government for the city of Norfolk and to repeal
the existing charter of said city, approved March fourteenth,
nineteen hundred and six, and the several acts amendatory there-
of, approved, respectively, March twelfth, nineteen hundred and
eight; March fourteen, nineteen hundred and eight; March sev-
enth, nineteen hundred and twelve; March thirteen, nineteen
hundred and twelve; March thirteen, nineteen hundred and four-
teen; March seventeenth, nineteen hundred and fourteen; March
twenty-fourth, nineteen hundred and fourteen; March twenty-
fifth, nineteen hundred and fourteen; March twenty-fifth, nine-
teen hundred and fourteen; February fifth, nineteen hundred
and fifteen; March fourth, nineteen hundred and sixteen; March
eleventh, nineteen hundred and sixteen; March sixteenth, nine-
teen hundred and sixteen; March seventeenth, nineteen hundred
and sixteen; March twentieth, nineteen hundred and sixteen;
March twentieth, nineteen hundred and sixteen, and March twen-
tieth, nineteen hundred and sixteen, and all other acts and parts
of acts inconsistent with this act, so far as they relate to the
said city of Norfolk, approved February seventh, nineteen hun-
Ired and eighteen, be amended and re-enacted so as to read as
follows:

Sec. 2. Power of the city.—In addition ta the powers men-
loned in the preceding section, the said city shall have power:

(1) To raise annually by taxes and assessments in said
sity such sums of money as the council hereinafter provided for
shall deem necessary for the purposes of said city, and in such
manner as said council shall deem expedient, in accordance with
the Constitution and the laws of this State and of the United
States; provided, however, that it shall impose no tax on the
bonds of this city.

(2) To impose special or local assessments for local im-
provements and enforce payment thereof, subject, however, to
such limitations prescribed by the Constitution of Virginia as
may be in force at the time of the imposition of such special
or local assessments. ’

(3) Subject to the provisions of the Constitution of Vir-
ginia and of. section eighty-six of this charter, to contract debts,
borrow money and make and issue evidence of indebtedness.

(4) To expend the money of the city for all lawful pur-
poses. , :

(5) To acquire by purchase, gift, devise, condemnation or
otherwise, property, real or personal, or any estate or interest
therein within or without the city or State and for any of the
purposes of the city; and to hold, improve, sell, lease, mortgage,
pledge or otherwise dispose of the same or any part thereof.

(6) To acquire, in any lawful manner, for the purpose of
encouraging commerce and manufacture, lands within and with-
out the city not exceeding at any one time five thousand acres
in the aggregate, and from time to time to sell or lease the same
or any part thereof for industrial or commercial] uses and pur-
poses.

(7) To make. and maintain public improvements of all
kinds, including municipal and other public buildings, armories,
markets and all buildings and structures necessary or appro-
priate for the use of the departments of fire and police; and tc
acquire by condemnation or otherwise all lands, riparian and
other rights and easements necessary for such improvements,
or any of them.

(8) To furnish all local public service; to purchase, hire.
construct, own, maintain and operate, or lease local public utili:
ties, to acquire by condemnation or otherwise, within or with-
out the corporate limits, Jand and property necessary for any
such purposes.

(9) To acquire, in any lawful manner, in any county of the
State, or without the State, such water, lands and lands unde!
water as the council of said city may deem necessary for the pur
pose of providing an adequate water supply for said city and of
piping or conducting the same; to lay all necessary mains; to
erect and maintain all necessary dams, pumping stations and
other works in connection therewith; to make reasonable rules
and regulations for promoting the purity of its said water sup-
ply and for protecting the same from pollution; and for this
purpose to exercise full police powers and sanitary patrol over
all lands comprised within the limits of the watershed tributary
to any such water supply wherever such lahds mav be located
in this State; to impose and enforce adequate penalties for the
violation of any such rules and regulations; and to prevent by
injunction any pollution or threatened pollution of such water
supply and any and all acts likely to impair the purity thereof;
and for the purpose of acquiring lands or material for any such
use to exercise within the State all powers of eminent domain
possessed by railroad corporations under the laws of this State;
provided that the lands and lands wnder water which may be
held in this State by said city for such purpose shall not exceed,
in the aggregate, thirty thousand acres at any one time. For
any of the purposes aforesaid, said citv may, if the council shall
so determine, acquire by condemnation, purchase or otherwise,
any estate or interest in such lands or any of them, or any right
or easement therein, or may acquire such lands or any of them
in fee, reserving to the owner or owners thereof such rights or
easements therein as may be prescribed in the ordinance pro-
viding for such condemnation or purchase. The said city may
sell or supply to persons, firms or industries residing or located
outside of the city limits any surplus of water it may have over
and above the amount required to supply its own inhabitants.
(10) To establish, impose and enforce water rates and rates
and charges for public utilities, or other service, products, or
conveniences, operated, rendered or furnished by the city.
(1014) To establish, in the manner hereinafter provided,
adjacent to or near the lines of existing streets, on either or both
sides thereof, building lines, and to provide that no new build-
ings shall thereafter be erected upon the property (hereinafter
called the “interlying property”) lying between said building
lines and the street lines. Said building lines may be establishec
for the whole or any part of a street (but not for less than one
block or the distance between two cross streets), as the counci
may determine. Before any such lines shall be established, the
council shall cause to be published, for at least ten days in some
paper of general circulation in the city, a notice addressed gen.
erally, but without naming them, to the owners of the propert;
on which building lines are proposed to be established, stating
that it is proposed to establish building lines thereon and naming
a day when a hearing will be had in respect thereof. After saic
hearing the council] may proceed to establish such lines, and th:
ordinance establishing the same shall be copied by the city clerk
in a book to be kept for the purpose, and indexed in the name of
the street near which said building lines are to be established;
and thereafter all persons shall be deemed to be affected with
notice of the establishment of such lines, and no permits shall
be granted for the construction of any building on the interlying
property.

But the ordinance establishing said lines shall: become null
and void as against any owner of property objecting thereto,
unless : ,

(a). When the interlying property ‘shall be unoccupied by
buildings, the city shall, within sixty days after the passage of
the ordinance establishing said lines, purchase the same or insti-
tute condemnation proceedings for the acquisition thereof ; or

(b) When the interlying property is occupied, in whole or
in part, by buildings, the city shall, within sixty days after re-
ceipt of notice in writing that the said buildings have been re-
moved from said interlying property (it being hereby made the
duty of the said owner to give such notice), purchase said inter-
lying property or institute condemnation proceedings for the ac-
quisition thereof, and thereafter complete its acquisition of prop-
erty in said proceedings.

The rights of the city shall not be prejudiced by any defect
in the proceedings instituted under paragraph (a) and (b) here-
of, resulting in their dismissal, if within thirty days after said
dismissal new proceedings shall be instituted for the same pur-
pose. Nothing herein contained shall be construed as limiting
or abridging in any degree the power of eminent domain now
possessed by the city under existing law.

(11) To establish, open, widen, extend, grade, improve, con-
struct, maintain, light, sprinkle and clean, public highways,
streets, alleys, boulevards and parkways, and to alter or close
the same; to establish and maintain parks, playgrounds and other
public grounds; to construct, maintain and operate bridges, via-
ducts, subways, tunnels, sewers and drains and to regulate the
use of all such highways, parks, public grounds and works; to
plant and maintain shade trees along the streets and upon such
public grounds; to prevent the obstructing of such streets and
highways, abolish and prevent grade crossings over the same by
railroads; regulate the operation and speed of all cars and vehi-
cles using the same, as well as the operation and speed of all
engines, cars and trains on railroads within the city; to regulate
the services to be rendered and rates to be charged by busses,
motor cars, cabs and other vehicles for the carrying of passen-
gers and by vehicles for the transfer of baggage; require all tele-
phone and telegraph wires and all wires and cables carrying elec-
tricity to be placed in conduits under ground and prescribe rules
and regulations for the construction and use of such conduits;
and to do all other things whatsoever adapted to make said streets
and highways safe, convenient and attractive. .

To construct and maintain, or aid in constructing and main-
taining, public roads, boulevards, parkways and bridges beyond
the limits of the city, in order to facilitate public travel to and
from said city and its suburbs, and to and from said city and any
property owned by said city and situated beyond the corporate
limits thereof, and to acquire land necessary for such purpose by
condemnation or otherwise.

(18) To establish, construct, maintain and operate’ public
lands, public wharves and docks either within or without the
city ; to. acquire by condemnation or otherwise all lands, riparian
and other rights and easements necessary for the purpose afore-
said; to lay and collect reasonable duties or wharfage fees on
vessels coming to or using said landings, wharves or docks; to
regulate the manner of using other wharves and docks within
the city and rates of wharfage to be paid by vessels using the
same; to dredge or deepen the harbor or river or any branch or
portion thereof; to prescribe and enforce reasonable rules and
regulations for the protection and use of its said properties,
whether within or without the city; and to impose and enforce
adequate penalties for the violation of such rules and regula-
tions. |

(14) Subject to the provisions of the Constitution of Vir-
ginia and of sections one hundred to one hundred and six of this
charter, both inclusive, to grant franchises for public utilities.

(15) To collect and dispose of sewage, offal, ashes, garbage,
carcasses of dead animals and other refuse, and to acquire and
operate reduction of other plants for the utilization or destruc-
tion of such materials, or any of them; or to contract for and
regulate the collection and disposal thereof. ) ;

(16) To compel the abatement and removal of all nuisances
within the city or upon property owned by the city beyond its
limits at the expense of the person or persons causing the same,
or of the owner or occupant of the ground or premises whereon
the same may be; to require all lands, lots and other premises
within the city to be kept clean, sanitary and free from weeds,
or to make them so at the expense of the owners or occupants
thereof ; to regulate or prevent slaughter houses or other noisome
or offensive business within said city, the keeping of animals,
poultry or other fowl therein, or the exercise of any dangerous
or unwholesome business, trade or employment therein; to reg-
ulate the transportation of all articles through the streets of the
city; to compel the abatement of smoke and dust, and prevent
unnecessary noise therein ; to regulate the location of stables and
the manner in which they shall be kept and constructed, and gen-
erally to define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, comfort, safety, convenience
and welfare of the inhabitants of the city.

(17) To inspect, test, measure and weigh any commodity
or article of consumption or use within the city and to establish,
regulate, license and inspect weights, meters, measures and
scales.

(18) To extinguish and prevent fires and to compel citizens
to render assistance to the fire department in case of need, and
to establish, regulate and control a fire department or division;
to regulate the size, materials and construction of buildings,
fences and other structures hereafter erected in such manner as
the public safety and convenience may require; to remove, or
require to be removed, any building, structure or addition there-
to which by reason of dilapidation, defect of structure or other
causes may have become dangerous to life or property, or which
may be erected contrary to law to establish and designate from
time to time fire limits, within which limits wooden buildings
shall not be constructed, removed, added to or enlarged, and to
direct that any or all future buildings within such limits shall
be constructed of stone, natural or artificial, concrete, brick,
iron or other fireproof material; provided, however, that by a
vote of four-fifths of all the members of the council permission
may be granted for storage sheds constructed on pile piers or
wharves on the waterfront, the sides and roofs of which shall
be covered with corrugated iron or other fireproof material.

(19). To provide for the care, support and maintenance of
children and of sick, aged, insane or poor persons and paupers.

(20) To organize and administer public schools and libraries
subject to the general laws establishing a standard of education
for the State.

(21) To provide and maintain, either within or without the
city, charitable, recreative, curative, corrective, detentive’ or
penal institutions.

(22) To prevent persons having no visible means of sup-
port, paupers and persons who may be dangerous to the peace
or safety of the city from coming to said city from without the
same; and for this purpose to require any railroad company, the
master of any ship or vessel or the owners of any conveyance
bringing such person to the city, to take such person back to
the place whence he was brought, or enter into bond with satis-
factory security that such person shall not become a charge upon
said city within one year from the date of his arrival; and also
to expel therefrom any such person who has been in said city
less than ninety days.

(23) To provide for the preservation of the general health
of the inhabitants of said city, make regulations to secure the
same, inspect all foods and foodstuffs and prevent the introduc-
tion and sale in said city of any article or thing intended for
human consumption which is adulterated, impure or otherwise
dangerous to health, and to condemn, seize and destroy or other-
wise dispose of any such article or thing without liability to the
owner thereof; prevent the introduction or spread of contagious
or infectious diseases, and prevent and suppress diseases gen-
erally; to provide and regulate hospitals within or without the
city limits and to enforce the removal of persons afflicted with
contagious or infectious diseases to hospitals provided for them;
to provide for the organization of a department or bureau of
health, to have the powers of a board of health, for said city,
with the authority necessary for the prompt and efficient per-
formance of its duties, with power to invest any or all the of-
ficials or employees of such department of health with such
pewers as the police officers of the city have; to establish a
quarantine ground within or without the city limits, and such
quarantine regulations against infectious and contagious dis-
eases as the said council may see fit, subject to the laws of the
State and of the United States; to provide and keep records of
vital statistics and compel the return of all births, deaths and
other information necessary thereto. ,

(24) To acquire, by purchase, gift, devise, condemnation
or otherwise, lands, either within or without the city, to be
used, kept and improved as a place for the interment of the dead,
and to make and enforce all necessary rules and regulations for
the protection and use thereof, and generally to regulate the
burial and disposition of the dead.

(25) To exercise full police powers, and establish and main-
tain a department or division of police. —

(26) To do.all things whatsoever necessary or expedient
for promoting or maintaining the general welfare, comfort, edu-
cation, morals, peace, government, health, trade, commerce or
industries of the City or its inhabitants.

(27) To make and enforce all ordinances, rules and regu-
lations necessary or expedient for the purpose of carrying into
effect the powers conferred by this charter or by any general
law, and to provide and impose suitable penalties for the viola-
tion of such ordinances, rules and regulations, or any of them,
by fine not exceeding five hundred dollars or imprisonment not
exceeding six months, or both. The city may maintain a. suit
to restrain by injunction the violation of any ordinance, not-
withstanding such ordinance may provide punishment for its
violation.

The enumeration of particular powers in this charter shall
not be deemed or held to be exclusive, but in addition to the
nowers enumerated herein, implied thereby, or appropriate to
the exercise thereof, the said city shall have had may exercise
all other powers which are not or may hereafter be possessed
or enjoyed by cities under the Constitution and general laws
of this State.

2. An emergency existing, this act shall be in force from
its passage.