Chap. 39.—An ACT to provide a new charter for the town of South Hill, in Meck-
lenburg county, Virginia, and to repeal an act entitled an act to incorporate the
town of South Hill, Mecklenburg county, Virginia, approved February 16,
1901, and all acts amendatory thereof. [H B 79]

Approved February 18, 1936

1. Be it enacted by the General Assembly of Virginia, as follows:
Section 1. The town of South Hill, in the county of Mecklen-
burg, Virginia, shall continue to be a town corporate, in the name and
style of the town of South Hill, and as such shall have and may
exercise the powers hereinafter set forth, and all powers and privileges
which are now, or may hereafter be conferred upon or delegated to
towns under the Constitution and the general laws of the Common-
wealth of Virginia.

Section 2. The corporate limits of the town of South Hill, Vir-
ginia, as heretofore established, are hereby re-established, as follows:

Beginning at a point in the center of Mecklenburg avenue, where
it is crossed by the center of Main street, and extending in every direc-
tion five-eights of a mile, with such additional land as will make a
circle one and a quarter miles in diameter, taking the intersection of
the above named streets as a central point.

Section 3. The town of South Hill shall have power:

(a) To raise money by taxation, assessment and levy, annually
such amounts as may appear necessary to carry on the government of
said town, in such manner as the town council shall deem proper, in
accordance with the constitution and the laws of the State of Virginia
and of this charter; and by the assessment and collection of fees,
licenses, assessments on persons, property, privileges, amusements,
businesses, professions, occupation, and public service agencies, whether
the headquarters of such institution are located in the town of South
Hill or elsewhere, to the extent not prohibited by general law.

(b) To impose local assessments for local improvement, and to
collect the same by processes subject to the limitations prescribed by
the Constitution and the laws of the State of Virginia, as in force at
the time of such assessment.

(c) To contract debts, borrow money, and make and issue evi-
dences of indebtedness, in accordance with the constitution and the
laws of the State of Virginia and to have a common seal.

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

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

(f) To construct, maintain, operate, regulate and use public im-
provements of all kinds, including municipal building, grounds and
structures necessary or appropriate to the proper operation and conduct
of the business and government of the town in any of its several
departments.

(g) To own and to operate water works, gas and electric plants,
and sewer disposal plants, to build or to buy the same, within or with-
out the town for the use of the town, from any legitimate source, and
to acquire the necessary real estate in connection therewith, to build
and to improve otherwise, such property, to the end that adequate
water supply may be had and maintained at all times as well as ample
supplies of electricity and gas for lighting and fuel. And, to construct
and maintain lines for the conveyance of such commodities to the
town and to its inhabitants. To promulgate rules for the regulation
of such distribution. To exercise full police power and _ sanitary
patrol over the lands comprising the watershed tributary to the water
supply to avoid pollution and provide purity of the same. To impose
and enforce adequate penalties for the violation of such regulations,
and to prevent by injunction any pollution or threatened pollution of
such water supply, and to carry out the privileges herein granted the
town of South Hill, may, within the State exercise all the powers of
eminent domain provided in the laws of the State.

(h) To supply water, electricity or gas, whether the same shall
be provided by purchase or otherwise by the town, to its purchasers or
consumers, whether within or without the town, and at such price and
such terms as the council may elect, and with provision that the price
to customers without the town and to customers using or consuming
the same in volume at different price and upon a different basis from
that charged other customers.

(i) To establish, open, widen, grade, improve, extend, construct,
maintain, light, sprinkle, and keep clean of all obstruction or rubbish,
streets, highways, alleys, ways, parks, parkways, and alter in any
manner, or close the same; to regulate the loads to be hauled over the
same, as to weight, quantity, sizes or kind of material to be trans-
ported ; to require any railroad company operating a train through the
town at any crossing of any of the ways of the town to construct
gates, stiles or other conveniences, or safety devices, and to keep all
such crossings in a manner comparable to the condition of the street
or way crossed. To regulate the speed of trains while within the
corporate limits, and of all vehicles upon the ways of the town, not
in conflict with general laws of the State relating thereto. To require
such railroad to keep a flagman or watchman at any crossing, in
accordance with the laws of Virginia. To permit or prohibit the con-
struction of lines for gas, electricity, telephone or telegraph within the
town and to regulate such construction, and to determine such charges
as may be deemed expedient for the construction of or the annual
operation of such lines hereafter within the town; to require the
owner or lessee of any such lines to move or remove poles or other
appurtenances as the good of the town may at any time seem to
demand.

(j) To acquire by gift, devise, grant, or otherwise, or by the right
of eminent domain, lands or interest therein, for rock, gravel, sand,
soil, water or other right, and the necessary ways of egress and regress
thereto, either within or without the town, and to erect buildings and
install equipment for the operation of such properties for the use of
the town.

(k) To construct sanitary sewer lines and cisterns, and to require
abutting property owners to connect with the same; to construct
disposal plants, within or without the town, and provide ways of
egress and regress thereto, by the right of eminent domain, or other-
wise, and to charge and collect fees and annual service charges for
connection with and use of the sewer lines maintained by the town.

(1) To grant franchises for public utilities subject to the Constitu-
tion and laws of Virginia and the terms of this charter.
(m) To collect and dispose of sewerage, offal, ashes, litter, gar-
bage, carcasses of dead animals, and other refuse, and to fix fees and
charges for the same. To require the abatement of nuisances, whether
upon public or private property, at the expense of the person causing
the same, or the owner or lessee of the property, and to collect such
charges by motion or distress sale; to require all lands and lots within
the town to be kept clean and sanitary and free from rubbish, water,
weeds, litter, and filth of any kind that might be unsanitary or un-
sightly, at the expense of the owner or lessee, and to collect such
expense by suit, motion or distress sale; to prevent slaughter houses
or other noisome or offensive business in the town or adjacent thereto ;
to prevent the keeping of noxious or dangerous animals or noxious
and unsanitary odors; to prevent unnecessary noises; to regulate the
keeping of stables and the operation of any dangerous unwholesome
business within the town; to regulate the placing of awnings, bill
boards, signs, the sale of goods, wares, newspapers, and their display
upon the streets and sidewalks of the town; and generally to define,
prohibit, regulate, abate, suppress and prevent all operations detri-
mental to the health, morals, safety, convenience, and welfare of the
people of the town; to require the owners or lessee of property with
sidewalks abutting to keep such sidewalks free of weeds, grass, rub-
bish, dangerous or unsightly obstruction, including ice and snow.

(n) The council may, in its discretion, appoint a board of health
for the town and prescribe its duties and invest it with authority for
the performance of the same. And may, by ordinance, create the office
of police justice, and such police justice shall have jurisdiction and
powers similar to the jurisdiction and powers of police justices in the
cities of this State, insofar as the same shall be permitted by the
general law of the State relating to trial justices. Such police justice
shall be chosen by majority vote of the council and his term of office
expires with that of the council by which he is chosen.

(o) To inspect, test measure or weigh any commodity or article
offered for use or consumption by the citizens of the town; and to
check and regulate measures, weights, meters, and scales employed
within the town.

(p) To establish, maintain and regulate a fire department and to
equip the same; to regulate the size, height, material and construction
of buildings, walls, fences, and other structures, hereafter located in
the town. To move or require to be removed, remodeled, improved
and made safe any structures or buildings in dilapidated and dangerous
condition or defective in construction; to prescribe fire limits and
regulate all future buildings therein; and shall enact stringent laws
governing the safety of persons from fire in meeting places whether
public or private.

(q) To prevent beggars, paupers, undesirables, operators of any
business, or in person, dangerous to health or morals, from coming
into or remaining in town, unless a resident for twelve months at the
time this charter becomes effective.

(r) To provide suitable cemeteries for burying the dead, separate
for white and colored people, and to maintain and beautify the same,
and the approaches thereto. The funds for such purposes may be had
from gifts, benevolences, devise, the sale of burial plots, and from the
general funds of the town not otherwise appropriated.

(s) To restrain and punish drunkards, beggars, vagrants, quell
riots, disturbances, disorderly assembly ; to suppress houses of ill-fame
or gambling in any form, to prevent indecency, lewd exhibitions and
language, swearing, fighting, and by the exercise of full and complete
police power protect the citizens of the town from any disturbance,
annoyance and inconvenience from unnecessary sources. And to
expel from town guilty persons in the foregoing category, who have
been in the town for less than twelve months, after the effective date
of this charter and prior to such offense.

(t) To license and regulate shows, carnivals, exhibitions and
entertainments, and to prohibit objectionable performances.

(u) To require every owner of a motor vehicle within the town
annually to register the same and to pay a fee for such registration,
not in excess of the fee charged by the State for the same machine,
and to procure and display a license plate of the town.

(v) To make and to enforce ordinances in conformity with the
laws of the State governing the use and possession of ardent spirits
and of illegal liquors.

(w) To prohibit and to punish wanton damage to property of any
kind both public and private.

(x) To prohibit minors from entering or playing in pool rooms,
billiard parlors, and like amusements, and to punish owners and pro-
prietors who encourage or allow such offenses.

(y) To pass and enforce ordinances, by-laws and rules, from
time to time found expedient, in the promotion of good government
and good order, for the management of the town’s property, the con-
duct of its business, the welfare of its people, touching every subject ;
and for the full exercise of all powers and privileges under this
charter, and under the Constitution and laws of Virginia.

(z) To prescribe penalties for the violations of its rules and
ordinances and the provisions of this charter, not to exceed five
hundred dollars, twelve months in jail, or both, but in no case to
exceed the punishment provided by general law of Virginia, where pre-
scribed for like offenses.

The town of South Hill may maintain a suit by injunction to pre-
vent the violation of any ordinance, notwithstanding punishment for
the violation of that ordinance is provided.

Section 4. The government of the town of South Hill shall be
vested in a council composed of six councilmen and a mayor, each of
whom shall be a qualified voter of the town. They may qualify by
taking the oath of office before any notary public or magistrate in
Mecklenburg county. Vacancies of councilmen or mayor shall be
filled by the council by majority vote, and for the unexpired term.
Additional officers of the town shall be a manager, clerk, treasurer, as-
sessor, sergeant, and such other agent, attorney, police, and clerical as-
sistance as may be required, all to be elected by the council.

The office of manager, clerk, and treasurer may be held by the
same person, who may also act as assessor, at the discretion of the
council, and in such capacity, he shall have the authority to adminis-
ter oaths and take acknowledgments.

Section 5. The mayor and council serving at the time of the
passage of this act shall continue in office till their successors are
elected and qualify. An election for mayor and councilmen shall be
held on the second Tuesday of June, nineteen hundred and thirty-
seven, and every two years thereafter. The mayor and council elected
at such elections shall enter upon their duties the first day of Septem-
ber next succeeding.

Section 6. The council shall fix the salaries of mayor and council-
men for the succeeding two years at the regular meeting of the council
in April preceding the town election. The salaries of all other officials
and agents of the town shall be fixed annually by the council, as well
as the amount and nature of bonds required of them for the correct
discharge of their duties. Officers and agents appointed by the council
shall hold office only during the term of such council, and until their
successors are appointed and qualify.

Section 7. The rules of procedure heretofore adopted, the ordi-
nances, regulations and contracts entered into or published, by the duly
constituted council and authorities of the town, shall be and continue
in effect until and unless amended. A majority of the council shall
constitute a quorum for the transaction of business; but no ordinances
creating a debt or levying an assessment or taxes shall be legal, except
by a two-thirds vote of the full council. Regular meetings of the
council shall be held the first Monday evening of each month, may be
public or private, at the discretion of the council. The town records
shall be open for inspection at all reasonable times by the citizens of
the town.

Section 8. The mayor shall be the chief executive of the town and
as such shall have full power over the police forces. He shall preside
at all council meetings; he may discuss questions, present issues, and
recommend measures, but shall vote only to break a tie; his jurisdic-
tion and authority shall be the same as a magistrate of Mecklenburg
county. He or any member of the council acting in his stead shall
have exclusive jurisdiction over the trial of offenses arising under the
ordinances and charter of the town. As the official head of the town
the mayor shall exercise all the powers conferred by general laws upon
mayors of towns, and not inconsistent with this charter. In times of
emergency he may take personal charge of the police forces of the town
and may deputize any of the citizens of the town to do police duty.
He shall affix his name to papers and documents requiring the same,
and perform such other duties not inconsistent with his office, as the
council may direct, under the charter and the laws of Virginia. The
council by majority vote, shall elect a member of the council mayor
pro-tem., who shall act in the absence or inability of the mayor.

Section 9. The town treasurer shall be the disbursing agent of the
town. He shall have charge of all moneys and evidences of value,
belonging to the town or held in trust, and shall give bond with cor-
porate security in such amount as the council may prescribe.
He shall receive all moneys coming into the treasury and shall keep
an accurate account of the same and its source. He shall keep an
accurate account of all disbursements and a record of the cause, and
shall present a financial statement at each regular meeting of the
council, or as called for by the council, and shall assist in the audit of
the books, as he may be called upon by the auditor. He shall collect
all rents, taxes, assessments, fees, licenses, and other of the moneys
due the town, and all claims arising out of the operation of any busi-
ness of the town, and shall render an accounting of the same. In the
discharge of his duties he is hereby invested with all the powers which
under the State government are now or may hereafter be invested in
county or State treasurers for the collection of county or State levies
under the general laws, and when taxes, assessments or levies become
delinquent in the town, he shall proceed to the collection of the same
as the laws of the county or the State provide for the collection of
delinquent taxes. Pending the election of an assessor for the town, the
treasurer shall perform the duties ordinarily incumbent upon an
assessor or commissioner of revenue, in the assessment of town prop-
erty for taxation. He shall perform such other duties as are not incon-
sistent with the offices of manager, clerk, and treasurer, and as the
council and the mayor from time to time may direct.

Section 10. The town clerk shall be the clerk of the council and
attend and keep a record of the proceedings of all meetings. He shall
have custody of the documents and records of the town and the town
seal and shall affix the seal to matters requiring it. He shall perform
other duties not inconsistent with the office and as directed by the
council or mayor.

Section 11. The town assessor shall assess the real estate of the
town for the year of nineteen hundred and thirty-six and once in each
ten-year period thereafter, or as often as directed by the council, and
he shall assess the personal property of the town annually and annually
shall add to prior assessments all improvements upon any of the real
estate of the town. In the exercise of his duties, he shall have power
to administer oaths and take acknowledgments. As often as is deemed
expedient the council shall select a committee of three propertv owners
who shall review and equalize the assessments of the town.

Section 12. The town sergeant shall have control of the police
force of the town under the jurisdiction of the mayor; he and the
police officers of the town shall have the same powers and discharge
the same duties as a constable of Mecklenburg county, except he shall
serve civil process only on behalf of the town, and shall have like
powers in a radius of two miles beyond the town, not in conflict with
other authority. He shall perform all duties required of a town ser-
geant and others not inconsistent with his office, or as directed by the
council or mayor.

Section 13. A lien shall exist upon all real estate within the cor-
porate limits of the town, for taxes, levies and assessments, in favor
of the town, holding thereon from the beginning of the year in which
levied or assessed, and the procedure for the collection legally of such
assessments and levies, and for selling or disposing of property to
satisfy such liens for taxes and assessments, and for the redemption
of the same, shall be in conformity with the State laws of Virginia, to
the same extent and in the same effect as if the same were herein set
out at length and completely and reference to the said laws of the
State is hereby directed. And the said town shall have the benefit of
all other and additional laws and remedies for collection of town taxes,
levies and assessments, which now are or may hereafter be enacted or
inaugurated for the collection of town assessments and levies, by the
State of Virginia, including the right to institute and conduct chancery
suits in the circuit court of Mecklenburg county, to enforce payment
thereof.

Section 14. Whenever judgment is rendered upon a warrant issued
in the name of the town by a councilman or the mayor, for a fine or
fine and costs, against any offender, the officer trying the case may
demand immediate payment of such fine and costs, and in default of
such payment, may commit the party in default to jail until such fine
and costs are paid; or may compel him to work upon the streets or
other improvements of the town, in lieu of payment, according to
rates and terms prescribed by the council.

Section 15. In addition to the taxes, assessments, and levies, here-
inbefore provided, the council of the said town, may annually levy a
corporation tax of one dollar per head on every citizen of the town,
not exempt from taxation by State or National law, which shall be
collected in the same manner as other taxes. Requisites for voting in
town elections shall be residence in the State twelve months and in the
town of South Hill two consecutive months prior to such election.

Section 16. Bonds may be issued by the town of South Hill, re-
deemable within thirty-four years or less, to bear not more than six
per centum interest, payable semi-annually, for any purpose consistent
with the welfare of the town and its citizens and pursuant to chapter
one hundred and twenty-two of the Code of Virginia, and any general
statutes of the State upon bond issues by incorporated towns, or pur-
suant to any subsequent legislation by the State affecting the issue of
bonds by incorporated towns.

Section 17. The town of South Hill shall have power, insofar as
not prohibited by general law, to tax, license, or assess fees for opera-
tions within the town by any person, subject, firm, corporation, asso-
ciation, or agency, of any business, service, undertaking, profession or
occupation, whether operated from headquarters within the town or
without, and at a rate fixed by the council for such operation, which
rate may be in excess of that charged by the county or the State in
connection with the same subject.

Section 18. The enumeration of specific powers, privileges, and
authority in this charter shall not be deemed exclusive, but in addition
to the powers and privileges herein mentioned, implied or appropriated,
the said town shall have and may exercise, all other powers, which are
or may hereafter be, possessed, or enjoyed, by any towns under the
Constitution and laws of the Commonwealth of Virginia, or not denied
by the same, as fully and completely as if herein set out at length.
Section 19. Should any word, phrase, clause, or part of the same,
in this charter, at any time be found or adjudged by any court of
competent jurisdiction invalid or unconstitutional, or for any other
reason not legally operative, such judgment shall in no wise operate
to render invalid or of no effect any other portion of this charter, but
shall be confined strictly to that word, phrase, clause or portion of this
charter that is thus questioned.

2. An act entitled an act to incorporate the town of South Hill,
Mecklenburg county, Virginia, approved February sixteenth, nineteen
hundred and one, and all acts amendatory thereof, are hereby repealed.

3. An emergency existing, this act shall be in effect from the date
of its passage.