Chap. 408.——An ACT to provide a new charter for the town of Leesburg, in the
county of Loudoun, Virginia. and to repeal all prior acts and amendments
thereto creating a charter for the said town. [H B 529]

Approved March 30, 1936

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

Section 1. The town of Leesburg, in Virginia, in the county of
Loudoun, shall continue to be a town corporate, in the name and style
of the town of Leesburg, in Virginia, and as such shall have and may
exercise the powers and privileges hereinafter set forth, and all powers
and privileges conferred upon it by this charter and which are now, or
may be hereafter delegated to towns in accordance with the Constitu-
tion or laws of the Commonwealth of Virginia.

Section 2. The corporate limits or boundaries of the town of
Leesburg, in Virginia, unless and until changed in the manner pre-
scribed by law, shall be the same as are set forth in law order book
number eight, folio two hundred and seventy-three and two hundred
and seventy-four of the circuit court of Loudoun county, and the same
as are set forth in deed book eight p’s, folio three hundred and ninety-
seven, clerk’s office of the circuit court of Loudoun county.

Section 3. The town of Leesburg, in Virginia, shall have the fol-
lowing powers and privileges, to the extent that they, or any of them
may not be prohibited by the Constitution or the general laws of the
Commonwealth of Virginia:

(a) To provide for the fiscal year, which shall begin on the first
day of July and end on the thirtieth day of June, unless and until
changed by ordinance.
(b) To raise annually, by taxes and assessments in said town,
such sums of money, in such manner as the council thereof shall deem
necessary or expedient for the use, benefit and purposes of said town,
in accordance with the Constitution of the United States, the Consti-
tution of Virginia or the laws of the Commonwealth of Virginia.

(c) To fix or set, levy and collect taxes and assessments on per-
sons and property.

(d) To impose, fix or set, levy and collect a license tax, fee or as-
sessment for the conduct, maintenance or operation of privileges,
amusements, business, professions, occupations or callings; to issue a
license or permit and collect charges, or fees therefor and to prorate
license fees or charges for the unexpired portion of the fiscal year.

(e) To incur liabilities or debts, make contracts, borrow money
and execute or issue evidences of indebtedness, and have a common
seal.

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

(g) To acquire by purchase, gift, devise, condemnation or other-
wise, property, real or personal, or any estate therein, within or with-
out the town, for the use and benefit thereof; and to hold, improve,
sell, lease, mortgage the same or any part thereof, including any prop-
erty now owned by the town.

(h) To construct, maintain, regulate or 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 all the various departments of the town.

(i) 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, property rights and riparian
rights as the council of said town may deem necessary for the pur-
pose 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 or without the corporate limits of said town; to erect and main-
tain all necessary dams, pumping stations and other works in connec-
tion therewith; to make reasonable rules and regulations for promot-
ing the purity of its water supply, and for protecting the same from
pollution and for this purpose to exercise full police powers and san-
itary partol 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.

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

(k) 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
and conveniences rendered to users or customers without the cor-
porate limits from the charges made to those within the corporate
limits of said town.

(1) To establish, enter, open, widen, extend, grade, improve, con-
struct, maintain, light, sprinkle or clean public streets, highways, alleys,
parkways or parks or 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, parkways and pub-
lic grounds; to prevent the obstruction, destruction or injury to any
of such streets, alleys or highways; to require any railroad 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 crossing may be closed due to any operation of the
railroad; to regulate the operation and speed of all cars, motorcycles,
bicycles or vehicles upon said streets or highways as well as the speed
of all engines, cars, or railroad trains within the town; to permit or
prohibit poles or wires for electric, telephone or telegraph purposes
to be erected or gas lines to be laid in the streets or alleys, and to
prescribe and collect an annual charge for such privileges hereafter
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 remove the same.

(m) 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
land, rock quarries, gravel pits, sand pits, water or water rights, and
the necessary roadways thereto, either within or without the town, or
acquire and install machinery and equipment and build the necessary
roads or tramways thereto, and operate the same for the purpose of
producing materials required for any and all purposes of said town.

(n) To establish, construct, maintain sanitary sewers, sewer lines,
or cisterns and to require the abutting property owners to connect
therewith, and to establish, construct, maintain and operate sewerage
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 assess, charge
and collect reasonable fees, licenses, taxes, assessments or costs of
service for connecting with and using the same.

(o) To grant franchises for public utilities, subject to the pro-
visions of the Constitution and general laws of the Commonwealth of
Virginia.

(p) To collect and dispose of sewerage, offal, ashes, garbage,
carcasses 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 any or all of said materials, to con-
tract, regulate and collect for the disposal thereof, and to require or
regulate the disposal thereof.

(q) To compel the abatement of nuisances within the town, or
upon property owned by the town beyond its limits at the expense of
the person, persons, corporations or firms causing the same, or of the
owner or occupant of the grounds 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 or other premises within the town to
be kept clean, sanitary or free from stagnant water, weeds, filth, or
unsightly deposits 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 dangerous or unwholesome business, trade or employment
thereon; to regulate 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 constructed or kept; to regulate the
location, construction, operation or maintenance of bill boards; to
provide how, when and under what conditions awnings may project
over the streets and sidewalks from buildings, and the manner in
which sidewalks may be used for advertising or display signs or
merchandise; to generally define, prohibit, abate, suppress, and pre-
vent all things detrimental to the health, morals, aesthetics, safety,
convenience, or welfare of the inhabitants of the town; and to require
all owners or occupants of property having sidewalks in front thereof
to keep the same clean and sanitary or free from all weeds, filth, un-
sightly deposits, ice or snow.

(r) 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.

(s) To inspect, test, measure or weigh any commodity or article
offered for use or consumption to persons within the town; and to
establish, regulate, license or inspect weights, meters or scales em-
ployed or used within the town and charge and collect fees therefor.

(t) To prevent or extinguish fires, and to establish, regulate, and
control a fire department or division; to regulate the size, heights,
materials and construction of buildings, fences, walls, retaining walls
or other structures hereafter erected, in such manner as the public
safety or 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 or 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 that
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.

(u) To charge and collect fees for permits to use public facilities
or for public service or 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.

(v) To prevent any person having no visible means of support,
paupers or persons who may be dangerous to the peace, health or
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 one year.

(w) To provide, permit or prohibit the establishment of places for
interment of the dead in or near the town and regulate the same and
also those heretofore established and to provide in or near the town
lands to be used as burial places for the dead, providing land for the
same be secured; otherwise, 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 pro-
vide for the perpetual upkeep and care of any plot or burial lot therein;
the town is authorized 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.

(x) To exercise full police powers; establish and maintain a de-
partment or division of police.

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

(z) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals or similar shows or fairs, or
prohibit the holding of the same or any of them within the town.

(aa) To require every owner of a motor vehicle to annually reg-
ister 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 coun-
cil, but said license fee shall not exceed the amount charged by the
State on said machine.

(bb) To make and enforce ordinances appertaining to ardent
spirits, provided, however, that no such ordinances shall be in con-
flict with any of the provisions of the Alcoholic Beverage Control Act
or of the general laws of the Commonwealth with respect to alcoholic
beverages.
(cc) To do all things whatsoever necessary, expedient or lawful
for promoting or maintaining the general welfare, comfort, education,
morals, peace, government health, trade, commerce, or industries of
the town or its inhabitants.

(dd) To prescribe any penalty for the violation of any town ordi-
nance, rule or regulation, or of any provisions of this charter, not
exceeding five hundred dollars, or one year imprisonment in jail or
both.

(ee) To prohibit or punish mischievous, wanton or malicious dam-
age to school property, public property or private property.

(ff) To prohibit or punish minors frequenting, playing or loiter-
ing in any public poolroom, billiard parlor or tenpin alley, and to pun-
ish any proprietor or agent thereof for permitting same.

(gg) To pass and enforce all by-laws, rules, regulations and ordi-
nances which the town council may deem necessary for the govern-
ment of the town, the management of its property, the conduct of its
affairs, the peace, order, comfort, convenience, morals, health and pro-
tection of its citizens or their property or do such other things, adopt
any ordinance that 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 incident to a municipal corporation.

(hh) The town may maintain a suit to restrain by injunction the
violation of any ordinance, notwithstanding punishment may be pro-
vided for the violation of such ordinance.

Section 4. Licenses may be imposed by ordinance and collected
from buisness, trades, professions or callings, and upon the persons,
firms, associations or corporations engaged therein 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 or not a license may be required therefor by the State, and
it may exceed the State license if any be required.

(a) Licenses may also be imposed upon and collected from per-
sons, firms, or 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.

(c) It is the purpose of this section to give the council of this
town the power to assess, issue a license or permit on any or all sub-
jects within its jurisdiction not withheld from taxation by towns in
accordance with the Constitution and General Laws of the Common-
wealth of Virginia.

Section 5. For every license issued or transferred under this char-
ter, there may be prescribed by ordinance a charge or fee, not in ex-
cess of seventy-five cents for issuing or fifty cents for transferring
the same, such charges or fees shall be collected and paid into the town
treasury.

Section 6. A lien shall exist on all real estate within the corpor-
ate limits for taxes, levies or assessments in favor of the town, levied
or assessed thereon from the commencement of the year for which
the same was levied or 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. The council of said town shall have the
benefit of all other and additional remedies for the collection of town
taxes which are now, or may be hereafter granted or permitted under
the general law.

Section 7. The government of said town shall be vested in a
council which shall be composed of a mayor and six members, each and
all of whom shall be electors of said town.

Section 8. The officers of said town, in addition to the mayor and
councilmen, shall be a recorder, a treasurer, an auditor and a sergeant,
who also shall be electors of the town.

Section 9. The council may, by ordinance, provide for such other
officers, agents and employees as it may deem appropriate, prescribe
their duties and fix their compensation.

Section 10. The treasurer, auditor and sergeant shall be elected
by the council for a term of two years, coincident with that of the
council.

Section 11. The office of treasurer and auditor may be filled by
the same person, but in the event that said offices shall be combined
as herein provided, then the council shall provide for and require an
annual audit of its books by an independent auditor other than by the
officer herein referred to.

Section 12. The council shall fix the salaries of the mayor, coun-
cilmen, recorder, treasurer, auditor and sergeant, whose salaries shall
not be increased or decreased during the term of office for which they
shall have been elected. In no event shall the salary of the councilmen
exceed $150.00 per annum. The salary of the mayor to be fixed by the
council subject to the limitations provided by general law.

Section 13. The council may provide for an audit or audits of the
affairs of the town.

Section 14. 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.

Section 15. The council may fine a member for disorderly be-
havior and with the concurrence of two-thirds vote of the council,
expel a member in accordance with the Constitution and general laws
of the Commonwealth of Virginia.

Section 16. A majority of the council shall constitute a quorum
for the transaction of business, but no ordinance or resolution shall be
passed or adopted having for its object the levying of taxes or con-
tracting a debt except by a concurring vote of two-thirds of the mem-
bers of the council.

Section 17. All meetings of the council shall be public, unless the
council by a recorded affirmative 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.

Section 18. The council, in its discretion, and by proper ordinance,
may require the sergeant or any other 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 19. The council, by ordinance, may create the office of
police justice for the town and such police justice may, in so far as
it 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 justice in cities of this State. The term of office
of such police justice shall not be for a term beyond that of the coun-
cil by which he may be appointed.

Section 20. The council, by ordinance, may employ and empower
the trial justice of Loudoun county with the same power and authority
as is by this charter conferred upon the mayor for the trial of crim-
inal cases.

Section 21. 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 col-
lected in the same manner as other taxes.

Section 22. Requisites for voting in town elections shall be res-
idence in the State for one year and in the town of Leesburg three
consecutive months prior to such election.

Section 23. The council, by ordinance, may provide for the em-
ployment of special police.

Section 24. 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 original jurisdiction for the trial of
offenses arising under the ordinances of said town. He shall preside
at all meetings of the council. In the absence of the mayor, the re-
corder shall act in his place and stead, but if both mayor and recorder
shall be absent, the council may, by a majority vote, select one of its
members to act as mayor pro tem. The mayor shall perform such
other duties consistent with his office as may be imposed by the coun-
cil; he shall have and exercise all powers and authority conferred by
general law on mayors of towns not inconsistent with this charter; he
shall be the official head of the town. In times of public danger or
emergencies, he may take command of the police and maintain order
and enforce the laws, and for this purpose, may deputize such assist-
ant policemen as may be necessary. The mayor or person acting as
mayor, shall authenticate by his signature, such documents or instru-
ments as the council, this charter, or the laws of the State, shall re-
quire.

Section 25. The mayor, councilmen, recorder, treasurer, auditor
and sergeant serving at the time of the passage of this act, shall con-
tinue in office until the term for which they were elected or appointed
shall expire. An election for mayor, councilmen, and recorder shall
be held on the second Tuesday in June, nineteen hundred and thirty-
seven, and every two years thereafter. The mayor, members of the
council, and recorder shall enter upon their duties the first day of
September next succeeding their election. Before entering upon his
duty, each and every person elected to office shall take the official oath
required by law.

Section 26. Before entering upon his duty, each and every person
elected or appointed to office, may be required to execute a bond in the
penalty prescribed by ordinance.

Section 27. The recorder shall be the clerk of the council; shall
attend all meetings thereof and shall keep a record oi its proceedings.
He shall keep all papers, documents and records pertaining to the
town, the custody of which is not otherwise provided. He shall be
custodian of the town seal and shall affix it to all documents and in-
struments requiring the seal and shall attest the same and shall per-
form such other duties as are required by this charter, general law, or
by the council.

Section 28. 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 or such other duties not inconsistent
therewith or may be required of him by ordinance or resolution of the
council.

Section 29. The treasurer shall receive all money belonging to and
received by the town and keep a correct account of all receipts from
all sources, and expenditures of all departments. He shall collect all
taxes, levies, license taxes, assessments, fees, 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 be
hereafter 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 applicable
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 surety as the council by ordinance may pre-
scribe.

Section 30. The council may provide that the premium on any
surety bond shall be paid by the town.

Section 31. The council may require the attendance of its officers,
agents or employees at its meetings and may further require reports
to be submitted.

Section 32. In all cases of a tie vote at any meeting of the coun-
cil or whenever the vote of the mayor is necessary to give validity to
any ordinance, resolution, contract or liability incurred, the mayor or
person presiding, shall cast the deciding vote.

Section 33. Vacancies in the office of mayor, councilmen or
recorder, may be filled for the unexpired term by a majority vote of the
remaining members of the council.

Section 34. The person acting as mayor pro tem shall be entitled
to vote at any meeting over which he is elected to preside.

Section 35. All fees, costs or charges for making arrests or trying
cases involving violations of town ordinances shall be assessed and
forthwith paid into the town treasury.

Section 36. All the rights, privileges and property of the town
heretofore acquired, now owned or enjoyed, shall continue undimin-
ished and remain vested in the town; and all laws of the Common-
wealth of Virginia, ordinances, and resolutions of the council now in
force and not inconsistent with this act, shall continue in full force
and effect until repealed by the Commonwealth of Virginia or the
council of the town of Leesburg in Virginia.

Section 37. The enumeration of particular powers and authority
in this charter shall not be deemed nor 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 be hereafter conferred upon or
enjoyed by towns under the Constitution and general laws of this
State.

Section 38. Subject to the provisions of the Constitution and the
general laws of this State, and the terms of this charter to grant
franchises, the town of Leesburg shall have the right and power to
grant franchises to public utilities, persons, firms and corporations.

Section 39. 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, order or decree shall not affect,
impair or invalidate the remainder of said act, but shall be confined
in its operation to the clause, sentence, paragraph or part thereof di-
rectly involved in the controversy in which said judgment, order or
decree shall have been rendered.

Section 40. All prior acts and amendments thereto creating a
charter for the said town, are hereby repealed.

Section 41. An emergency existing, this act shall be in force from
its passage.