Chap. 24.—An ACT to provide a charter for the town of Haysi, in Dickenson
County, Virginia. [S B 87]

Approved February 17, 1936

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. That a part of the area of the county of Dickenson,
embraced within the boundaries described in section two hereof, is
hereby incorporated as a town under the name and style of the town
of Haysi, and the inhabitants within said boundaries shall henceforth
be a body corporate and politic, with all the powers and privileges
and subject to all the duties and obligations conferred and imposed
upon towns by general law, together with such modifications thereof
and additions thereto as are hereinafter set forth, subject to the limita-
tions hereinafter contained.

Section 2. The boundaries of the said town of Haysi, unless and
until changed in the manner prescribed by law, shall be as follows:
Beginning on a hub on a point above the Haysi high school building,
and in the Appalachia Electric Power line; thence south sixty-five west
twenty-three hundred and sixty feet to a hub on a point, north sixty-
seven west nine hundred and thirty-six feet to a hub on a point in
power line leading to Splashdam, Virginia, with said power line north
fourteen and thirty/one hundredths east thirty-one hundred and five
feet to a hub on a point west of Martha Puckett’s dwelling, north six
west twenty-two hundred and sixty-three feet to a hub on top of a
ridge on W. W. Scypher’s property and at power structure number
eighty-eight ; thence north twenty-six east four hundred and ninety-
eight feet to a hub in W. W. Scypher’s field; thence leaving said ridge
south eighty-eight east one hundred and three feet hub on side of a
hill, north eighty-five and thirty/one hundredths east nineteen hundred
and twenty-nine feet to a hub in the power line leading to Elkhorn
City, Kentucky, thence with same south thirty-four east seven hundred
and seventy-three feet to a hub in power line on top of the ridge; south
thirty-three east sixteen hundred and twenty-two feet to a hub in power
line; thence leaving said power line north forty-seven east nine hun-
dred and forty-six feet to a hub on the hillside near a coal opening
and two hundred feet north of State garage, south eighty-two and
thirty/one hundredths east seven hundred and twenty-eight feet to a
hub on a point two hundred feet northeast of G. B. Sutherland’s house,
north fifteen east one hundred and twenty-five feet to a hub on a hill-
side one hundred and twenty-five feet north of State highway, north
ten east eleven hundred feet to a hub on the hillside near a mine south
seventy-eight and thirty/one hundredths east seven hundred and forty-
five feet to a hub on a spur three hundred feet north of S. F. Fuller’s
house, south fifty-two east four hundred and fourteen feet to a hub
on a point one hundred feet north of the State highway ; thence cross-
ing said highway and Prater creek, south three and thirty/one hun-
dredths east eleven hundred feet to a hub on top of a ridge, south one
west fifty-eight feet to a hub on top of a ridge; thence over H. H.
Coleman’s land, south ten west one thousand and sixty-five feet hub
on top of a ridge; thence over Rufus Coleman’s land, south three and
thirty/one hundredths west six hundred feet to a hub on ridge in power
line; thence with said power line, south sixty-five and thirty/one hun-
dredths west four thousand and forty-eight feet to the beginning, con-
taining six hundred and forty acres, or one square mile.

Section 3. The said town of Haysi shall have the following powers,
to the extent that they, or any of them, may not be prohibited by general
law or by the Constitution :

(a) To raise annually, by taxes and assessments in said town,
such sums of money as the council thereof shall deem necessary for
the purposes of said town, in such manner as said council shall deem
expedient in accordance with the Constitution of Virginia and of the
United States.

(b) To levy and collect taxes, and assessments on persons, prop-
erty, subject to local taxation, privileges, amusements, business, profes-
sions, and occupations; to issue licenses for the conduct or operation
of privileges, amusements, business, professions, and occupations; to
make and collect charges and fees therefor.

(c) To impose special or local assessments for local improvements
and to enforce payment thereof, subject to such limitations prescribed
by the Constitution and laws of Virginia as may be in force at the
time of the imposition of such special or local assessments.

(d) To contract debts, borrow money and make and issue evi-
dences of indebtedness, and have a common seal.

(e) To expend the money of the town for all lawful purposes.

(f) To acquire by purchase, gift, devise, condemnation or other-
wise property, real or personal, or any estate therein, within or without
the town, for any of the purposes thereof; and to hold, improve, sell,
lease, mortgage the same or any part thereof, including any property
now owned by the town.

(g) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, grounds
and structures necessary or appropriate for the use and proper opera-
tion of the various departments of the town.

(h) To own, operate, and maintain water works, and to acquire in
any lawful manner, in any county of the State, or from the United
States government, such water, lands, proper rights and riparian rights
as the council of said town may deem necessary for the purpose of
providing an adequate water supply to said town, and of piping or
conducting the same; to lay all necessary mains and service lines within
and without the corporate limits of said town; 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 supply, 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 water
shed tributary to any such water supply, wherever such lands may be
located in this State; to impose and enforce adequate penalties for the
violation of any such rules and regulations, and to prevent by injunc-
tion any pollution or threatened pollution of such water supply, and
any and all acts likely to impair the purity thereof; and to carry out
the powers herein granted, the said town may exercise within the State
all powers of eminent domain provided by the laws of this State.

(4) To own, operate, and maintain electric light and gas works
either within or without the corporate limits of said town, and to
supply gas and electricity, whether the same be generated or purchased
by said town, to its customers and consumers both within and without
the corporate limits of the said town, at such price and upon such terms
as may be prescribed, and to that end it may contract to purchase
electricity and gas from the owners thereof upon such terms as it may
deem expedient.

(j) To establish, impose, and enforce the collection of water, light,
gas, and sewerage rates, and rates and charges for other services,
products, or conveniences operated or furnished by the town; and the
said council may prescribe a different rate to be paid for such services
arrd conveniences rendered to users or customers without the corporate
limits from the charges made to those within the corporate limits of
said town.

(k) To establish, enter, open, widen, extend, grade, improve, con-
struct, maintain, light, sprinkle and clean public streets, highways,
alleys, parkways and parks, and to alter or close the same; to regulate
the weight of loads to be hauled or carried over and upon the streets;
to regulate the use of all such highways, parks, streets, alleys, park-
ways, and public grounds; to prevent the obstruction and destruction,
and injury to, any of such streets and highways; to require any rail-
road company operating a railroad at the place where any highway or
street is crossed within the town limits to erect and maintain at such
crossing any style of gate deemed proper, and keep a man in charge
thereof, or keep a flagman at such crossing during such hours as the
council may require in accordance with the general law of the State,
and to regulate the length of time such crossings may be closed due
to any operations of the railroad; to regulate the operation and speed
of all cars and vehicles upon said streets and highways, as well as the
speed of all engines, cars, and trains of railroads within the town; to
permit or prohibit poles and wires for electric, telephone and telegraph
purposes to be erected, and gas lines to be laid in the streets and alleys,
and to prescribe and collect an annual charge for such privilege here-
after granted; to require the owner or lessee of any electric light,
telephone or telegraph pole or poles or wires now in use or hereafter
erected to change the location or move the same.

(1) To acquire by gift, purchase, or by the exercise of the power
of eminent domain within this State, land or any interest or estate in
lands, rock quarries, gravel pits, sand pits, water and water rights,
and the necessary roadways thereto, either within or without the town,
and acquire and install machinery and equipment and build the neces-
sary roads and tramways thereto, and operate the same for the purpose
of producing materials required for any and all purposes cr the said
town.

(m) To establish, construct, and maintain sanitary sewers, sewer
lines, and cisterns and to require the abutting property owners to con-
nect therewith, and to establish, construct, maintain, and operate sew-
erage disposal plants, and to acquire by condemnation or otherwise,
within or without the town, all lands, rights of way, and other rights
and easements necessary for the purposes aforesaid, and to charge and
collect reasonable fees and assessments or costs of service for connect-
ing with and using the same.

(n) Subject to the provisions of the Constitution of Virginia and
of this charter, to grant franchises for public utilities.

(o) To collect and dispose of sewerage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and to make reasonable charges
therefor; to acquire and operate reduction or other plants for the
utilization or destruction of such materials, or any of them, and to
contract for and regulate and collect for the disposal thereof, and to
require and regulate the disposal thereof.

(p) To compel the abatement of all nuisances within the town, or
upon property owned by the town 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, and to collect
said expense by suit or motion, or by distress and sale; to require all
lands, lots and other premises within the town to be kept clean and
sanitary and free from stagnant water, weeds, filth, and unsightly de-
posits, or to make them so at the expense of the owners or occupants
thereof, and to collect said expense by suit or motion, or by distress
and sale; to regulate or prevent slaughter houses or other noisome or
offensive business within the said town, the keeping of hogs, or other
animals, poultry or other fowl therein, or the exercise of any danger-
ous or unwholesome business, trade, or employment therein; to reg-
ulate the transportation of all articles through the streets of the town;
to compel the abatement of smoke and dust, and prevent unnecessary
noise, to regulate the location of stables and the manner in which they
shall be kept constructed; to regulate the location, construction and
operation and maintenance of bill boards; to provide how, when, and
under what conditions awnings may project over the streets and side-
walks from buildings, and sidewalks may be used for advertising and
display signs and merchandise; to generally define, prohibit, abate,
suppress,- and prevent all things detrimental to the health, morals,
aesthetics, safety, convenience, and welfare of the inhabitants of the
town; and to require all owners or occupants of property having side-
walks in front thereof to keep the same clean and sanitary, and free
from all weeds, filth, unsightly deposits, ice, or snow.

(q) The council may, in its discretion, appoint a board of health
for the town and invest it with authority for the prompt and efficient
performance of its duties.

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

(s) To extinguish and prevent fires, and to establish, regulate, and
control a fire department or division, to regulate the size, heights, ma-
terials and construction of buildings, fences, walls, retaining walls
and other structures hereafter erected, in such manner as the public
safety and conveniences may require; to remove, or require to be re-
moved or reconstructed any building, structure or addition thereto,
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 con-
structed, removed to, added to, enlarged, or repaired, and to direct any
and all future buildings within such limits shall be constructed of stone,
natural or artificial, concrete, brick, iron or other fireproof material;
and may enact stringent and efficient laws for securing the safety of
persons from fires in halls and buildings used for public assemblies,
entertainments or amusements.

(t) To charge and to collect fees for permits to use public facilities
and for public service and privileges. Said town shall have the power
and right to charge a different rate for any service rendered or con-
venience furnished to citizens without the corporate limits from the
rates charged for similar service to citizens within the corporate limits.

(u) To prevent any person having no visible means of support,
paupers, and persons who may be dangerous to the peace and safety of
the town, from coming to said town from without the same; and also
to expel therefrom any such person who has been in said town less
than twelve months.

(v) To provide in or near the town lands to be used as _ burial
places for the dead; providing land for the same may be secured ; other-
wise to provide same as near as may be to the town; to improve and
care for the same and the approaches thereto, and to charge for and
regulate the use of ground therein; and to provide for the perpetual
upkeep and care of any plot or burial lot therein, the town is author-
ized to take and receive sums of money by gift, bequest, or otherwise,
to be kept invested, and the income therefrom used in and about the
perpetual upkeep and care of the said lot or plot, for which the said
donation, gift, or bequest shall have been made.

(w) To exercise full police powers and establish and maintain a
department or division of police.

(x) To restrain and punish drunkards, vagrants and street beg-
gars; to prevent and quell riots, disturbances, and disorderly assem-
blages; to suppress houses of ill-fame, and gambling houses; to pre-
vent and punish lewd, indecent and disorderly exhibitions in said town;
and to expel therefrom persons guilty of such conduct who have not
resided therein as much as one year.

(y) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals and similar shows or fairs, or
prohibit the holding of the same or any of them within the town; to
require every owner of a motor vehicle residing in said town, on a
date to be designated by the council, to annually register such motor
vehicle and obtain a license to operate the same by making application
to the treasurer of said town, and to require said owner to pay an
annual license fee therefor, to be fixed by the council, but said license
fee shall not exceed the amount charged by the State on said machine.

(aa) To do all things whatsoever necessary or expedient, and lawful
to be done, for promoting or maintaining the general welfare, com-
fort, education, morals, peace, government, health, trade, commerce, or
industries of the town, or its inhabitants.

(bb) To prescribe any penalty for the violation of any town ordi-
nance, rule or regulation, or of any provisions of this charter, not ex-
ceeding five hundred dollars, or twelve months imprisonment in jail,
or both.

(cc) To prohibit and punish mischievous, wanton, or malicious
damage to school property, public property, and private property.

(dd) To prohibit and punish minors frequenting, playing in, or
loitering in any public poolroom, billiard parlor or tenpin alley, and to
punish any proprietor or agent thereof for permitting same.

(ee) To pass and enforce all by-laws, rules, regulations and ordi-
nances which it may deem necessary for the good order and govern-
ment of the town, the management of its property, the conduct of its
affairs, the peace, comfort, convenience, order, morals, health and
protection of its citizens or their property, and to do such other things,
and pass such other laws as may be necessary or proper to carry into
full effect, all power, authority, capacity, or jurisdiction, which is or
shall be granted to or vested in said town, or in the council or officers
thereof, or which may be necessarily incident to a municipal corpora-
tion.

The town may maintain a suit to restrain by injunction the viola-
tion of any ordinance, notwithstanding punishment may be provided
for the violation of such ordinance.

Section 4. The government of said town shall be vested in a town
council, which shall be composed of a mayor and six councilmen,
each and all of whom shall be residents of, and qualified voters of said
town. Vacancies in the office of mayor or councilmen shall be filled
for the unexpired term by a majority vote of the remaining members
of the council. The mayor shall preside over all meetings of said
council, and shall not vote upon any matter before the council except
in the case of a tie vote of councilmen voting. The mayor shall be
the chief executive officer of the town, and shall have the jurisdiction
and authority of a justice of the peace, and shall have exclusive orig-
inal jurisdiction for the trial of offenses arising under the ordinances
of said town. In the absence of the mayor the council shall, by major-
ity vote, select one of its members to act as mayor pro tem.

Section 5. Elections for mayor and councilmen shall be held on
the second Tuesday in June, nineteen hundred and thirty-six, and every
second year thereafter ; and the offices of mayor, councilmen, clerk and
treasurer shall be held, from the effective date of this act until Sep-
tember first, nineteen hundred and thirty-six, by the following named
persons: Tivis D. Owens, mayor; Dr. T. C. Sutherland, D. C. Owens,
Jr., W. H. Arington, Ireland Baker, C. G. Jackson and A. B. Sykes,
councilmen; and E. J. Rose, clerk and treasurer, all of whom are
hereby vested with full power and authority as such officers during
said period.

Section 6. The officers of the said town, in addition to the mayor
and councilmen, shall be a treasurer, a clerk, and a sergeant, who shall
be electors of the town; the council may by ordinance provide for such
other officers, agents, and employees as it may deem appropriate, pre-
scribe their duties and fix their compensation. The treasurer, clerk,
and sergeant shall be elected by the council for a term of two years
coincident with that of the council. The office of treasurer and clerk
may be filled by the same person, who may by a vote of two-thirds of
all the members of the council, be a member of the council.

Section 7. The council shall fix the salaries of the mayor, council-
men, treasurer, clerk, and sergeant, and such other officers or agents
as it may employ, which shall not be increased or diminished during
the term of office of such officer or agent.

Section 8. The council shall, by ordinance, adopt such rules as it
may deem proper for the regulation of its proceedings, and the time
of its meetings, and by a three-fourths vote of the whole council may
expel a member for good cause. A majority of the council shall con-
stitute a quorum for the transaction of business, but no ordinance or
resolution shall be adopted having for its object the levying of taxes
or contracting a debt except by a vote of two-thirds of the council.
The mayor shall preside at all meetings of the council. All meetings
of the council shall be public, unless the council bv a recorded affirma-
tive vote of two-thirds of its members shall declare that the public
welfare demands an executive session of the council; any citizen may
have access to the minutes and records of the council at any reasonable
times.

Section 9. The mayor, in addition to his duty in presiding over
the council, shall perform such other duties consistent with his office as
may be imposed by the council; he shall have and exercise all power
and authority conferred by general law on mayors of towns not incon-
sistent with this charter; he shall be the official head of the town. In
times of public danger or emergency he may take command of the
police and maintain order and enforce the laws, and for this purpose
may deputize such assistant policemen as may be necessary. During
his absence or disability his duties shall be performed by another
member elected by the council as in this charter set forth. He shall
authenticate by his signature such documents and instruments as the
council, this charter, or the laws of the State shall require.

Section 10. The town treasurer shall be the disbursing agent of
the town and have the custody of all moneys and all evidences of value
belonging to the town, or held in trust by the town. He shall receive all
money belonging to and received by the town and keep a correct ac-
count of all receipts from all sources, and expenditures of all depart-
ments. He shall collect all taxes and assessments, water rents, and other
charges belonging to and payable to the town, and for that purpose
he is hereby vested with any and all powers which are now, or may
hereafter be vested in county and State treasurers, for the collection
of county, town, and State taxes under the general law. He shall
keep and disburse all moneys or funds in such manner and in such
places as may be determined by ordinance or the provisions of law ap-
plicable thereto. He shall pay no money out of the treasury except in
the manner prescribed by ordinance or general law; he shall perform
such duties as are usually incident to the office of commissioner of
revenue in relation to the assessment of property and the license taxes,
and shall have power to administer oaths in the performance of his
official duties; and shall make such reports and perform such other
duties not inconsistent with the office as may be required by the mayor,
or by ordinance or resolution of the council. The treasurer shall not
be entitled to any commission for handling the funds of the town but
shall be paid such salary as may be provided by the council, and before
entering upon the duties of his office shall execute a bond in such
amount and with such security as the council by ordinance may pre-
scribe.

The council may, however, in its discretion and by proper ordi-
nance, require the sergeant or other police officer of the town, instead
of the treasurer, to collect the taxes and other revenues of the town
and pay the same over to the treasurer.

Section 11. The town clerk shall be the clerk of the council, shall
attend all meetings thereof, and shall keep a record of its proceedings.
He shall keep all papers, documents, and records pertaining to the town,
the custody of which is not otherwise provided for. He shall be custo-
dian of the town seal and shall affix it to all documents and instruments
requiring the seal, and shall attest the same, and shall perform such
other duties as are required by general law or by the council by ordi-
nance or resolution.

Section 12. The town sergeant shall have the same powers and
discharge the same duties as a constable within the corporate limits
of the town; he shall perform such duties as may be required of town
sergeants by the general law, and such other duties not inconsistent
therewith as may be required of him by ordinance or resolution of the
council. .

Section 13. The council may, by ordinance, create the office of
police justice for the town and such police justice may, in so far as
is not in conflict with the general laws of the State relating to trial
justices, be granted jurisdiction and powers similar to the jurisdiction
and powers of police justices in cities of this State. The term of office
of such police justice shall not be for a term extending beyond that of
the council by which he may be appointed.

Section 14. Licenses may be imposed by ordinance on business,
trades, professions and callings, and upon the persons, firms, associa-
tions and corporations engaged therein, or doing, or offering to do,
business within the boundaries of said town, whose principal office is,
or is not, located in said town, except when prohibited by general law,
whether a license may be required therefor by the State or not, and
it may exceed the State license if any be required; licenses may also
be imposed upon persons, firms, and corporations selling and delivering
at the same time at other than a definite place of business goods, wares
or merchandise, to licensed dealers or retailers in said town. It is the
purpose of this section to give the council of this town the power to
tax and license all subjects within its jurisdiction not withheld from
taxation by cities and towns by the laws of this State, whether herein
specifically enumerated or not.

For every town license issued by the treasurer under this charter
he may charge a fee to be prescribed by ordinance, not in excess of
seventy-five cents, and for transferring a license the fee shall not be
in excess of fifty cents, such fees to be paid by the person obtaining
the license or transfer may be withheld until the fees are paid into the
town treasury for town purposes, should any such fees be prescribed
by town ordinance.

Section 15. A lien shall exist on all real estate within the corporate
limits for taxes, levies, and assessments in favor of the town, assessed
thereon from the commencement of the year for which the same were
assessed, and the procedure for collecting said taxes, for selling real
estate for town taxes, and for the redemption of real estate sold for
town taxes shall be the same as provided in the general law of the State
to the same extent as if the provisions of said general law were herein
set out at length. The said town and its treasurer shall have the benefit
of all other and additional remedies for the collection of town taxes
which are now, or hereafter may be granted or permitted under the
general law.

Section 16. If any clause, sentence, paragraph, or part of this act,
shall for any reason be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair, or invalidate
the remainder of said act, but shall be confined in its operations to the
clause, sentence, paragraph, or part thereof, directly involved in the
controversy in which said judgment shall have been rendered.

Section 17. The enumeration of particular powers and authority
in this charter shall not be deemed or held to be exclusive but in addi-
tion to the powers herein enumerated, implied hereby, or appropriate
to the exercise thereof, the said town shall have and may exercise all
other powers which are now or may hereafter be possessed or enjoyed
by towns under the Constitution and general laws of this State.

2. An emergency existing, this act shall be in force from its pas-
sage.