Chap. 210.—An ACT to provide a new charter for the town of Chincoteague, Acco-
| mack County, Virginia; to repeal all acts, or parts of acts in conflict therewith:;
and to validate all contracts heretofore or hereafter made by the present council
and government while in office not inconsistent with this charter or the Constitu-
tion and general laws of this State; and to repeal all former charters of the
town of Chincoteague. . | [S B 162]

Approved March 13, 1942
1. Be it enacted by the General Assembly of Virginia, as follows:
CHAPTER I |

Section 1. .The Town Corporate.—The inhabitants of the territory
comprised within the present limits of the town of Chincoteague, as such
limitations are now or may be hereafter altered and established by law,
shall constitute and continue a body, politic and corporate, to be known
and designated as the town of Chincoteague, and as such shall have and
may exercise all powers which are now or hereafter may be conferred
upon or delegated to the town under the Constitution and laws of the
Commonwealth of Virginia, as fully and completely as though such
powers were specifically enumerated herein, and no enumeration of par-
ticular powers by this charter shall be held to be exclusive and shall have,
exercise and enjoy all the rights, immunities, powers, and privileges and
be subject to all the duties and obligations now appertaining to. and in-
cumbent on said town as a municipal corporation, and the said town of
Chincoteague, as such, shall have perpetual succession, may sue and be
sued, implead and be impleaded, contract and be contracted with, and
may have a corporate seal which it may alter, renew, or amend at its
pleasure by proper ordinance. , ,

Section 2. The Town Boundary.—The corporate limits of the town
of Chincoteague, Virginia, as heretofore established, are hereby re-
established, and shall be taken and deemed as the town of Chincoteague
as follows: - a

Beginning at a point on the Bay Shore, at low water mark, opposite
the dividing line between the lands of Daniel J. Watson on the northeast
and David R. Watson on the southwest, and running thence in a south-
west direction along low water mark in Chincoteague bay and channel,
to a point opposite the northeast boundary line of the land of Ella Fish;
thence along the northeast boundary line of the said Ella Fish to a point
two hundred (200) yards, southeast of the Main County Shore road;
thence in a northeast direction to the dividing line between the lands of W.
N. Conant and Mary A. Daisey ; thence along the southwest boundary line
of W. N. Conant’s said land to the canal; thence in a northerly direction
to the dividing line between the lands of Daniel J. Watson on the north-
east and David R. Watson on the southwest, aforesaid ; thence in a north-
westerly direction along said last named dividing line, across the main
County Shore road to the point of beginning on the Bay Shore,—the
said description being as of March thirteenth, nineteen hundred and eight,
and being also the boundary of the said town of Chincoteague as set
forth in an Act of the General Assembly, approved March thirteenth,
nineteen hundred and eight, entitled ‘‘an act to incorporate the town of
Chincoteague, Accomack county,” and there is included within the cor-
porate limits the following territory : , |

lst. Beginning at the southwestern corner of the above boundary
of the town of Chincoteague and running in a southwesterly direction
along low water mark to a point fifty (50) yards to the southwest of the
southwest boundary of Fred Bowden’s land, on which he now lives,
thence south forty-five (45) degrees east, according to the magnetic
variations existing today, to a point two hundred (200) yards southeast
of the southeast edge of the main County or Shore road, thence from
said point in a straight line in a northeast direction to a point fifty (50)
feet northwest of the north corner of Greenwood cemetery, the said
point being on the southwest edge of the Bunting County road, thence
in a northeast direction across said Bunting road to the northeast edge
thereof, thence in a southeast direction to the north corner of the intersec-
tion of Willow street and the said Bunting road, thence in a northeast
direction along the northwest edge of Willow street to a point where the
present southern corporate limits of the town of Chincoteague now
crosses Willow street, the said point being on the northwest edge of said
Willow street, thence following the present southern boundary of the
town of Chincoteague to the point of beginning,—the above description
being a verbatim description of the extension of the corporate limits of
the town of Chincoteague as annexed on the........ oC es ;
nineteen hundred..............----------s+0--0+--++ , by the Circuit Court of Accomack
county, Virginia, in the petition of Kendall J. Bunting and others to an-
nex territory, et cetera, to the town of Chincoteague ; and

2nd. Beginning at the northwestern corner of the present boundary
of the town of Chincoteague, at low water mark, it being the dividing line
between the lands owned by David Watson and Daniel Watson, thence
running in a northeasterly direction along ordinary low water mark to
a point opposite the land occupied by the late Joshua W. Whealton, de-
ceased, thence in a southeasterly direction along the center of a private
roadway. across the lands of the said Joshua W. Whealton, deceased,
as it now exists, the same running between the dwelling houses of the
late Joshua W. Whealton and the one now occupied by Sidney Daisey
in a straight direction across the Deep Hole County road to the canal;
thence in a southwest direction along said canal to the corporate limits
of the town of Chincoteague, it being a point also that separates the land
of David Watson and Daniel Watson, thence in a northwest direction
following the northern boundary of the present town of Chincoteague to
low water mark, the point of beginning,—the above description being a
verbatim description of the territory which was annexed to the town of
Chincoteague in the petition of A. J. Hill and others to annex territory,
et cetera, to the town of Chincoteague. : : -

It is the purpose of the three above descriptions to include all lands
within the present boundaries of said town according to the charter of said
town and the annexation proceedings of Kendall J. Bunting and others
and the annexation proceedings of A. J. Hill and others as found among
the records in the clerk’s office of the circuit court for the county of
Accomack, Virginia. : ,
CHAPTER II

Section 1. Powers of the Town of Chincoteague.—

1. To raise annually, by the levy of taxes and assessments in the
said town, on all such property, real and personal, as is now or may be
subject to taxation by towns by the laws of this Commonwealth, such
sums of money as the council thereof shall deem necessary for the pur-
pose of the said town, in such manner as the said council shall deem
expedient in accordance with the Constitution of this State and of the
United States; provided, however, that it shall impose no taxes on the
bonds of the said town.

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

3. To impose a tax not exceeding one dollar per annum upon all
persons residing in said town above the age of twenty-one years, not
exempt from the payment of State capitation tax.

4. (a) The town may, in the name of and for the use of the town,
contract debts and make and issue, or cause to be made and issued, as
evidence thereof, bonds, notes or other obligations, upon the credit of the
town, or solely upon the credit of specific property owned by the town,
or solely upon the credit of income derived from property used in con-
nection with any public utility owned and operated by the town.

(b) Pending the issuance and sale of any bonds, notes or other
obligations by this act authorized, or in anticipation of the receipt of
taxes and revenues of the current fiscal year, it shall be lawful for the
town to borrow money temporarily and to issue notes or other evidences
of indebtedness therefor, and from time to time to renew such temporary
loans or to use current funds to be ultimately repaid from the proceeds
of the said bonds, notes or other obligations or from the town taxes and
revenues, as the case may be.

(c) The credit of the town shall not, directly or indirectly, under
any devise or pretence whatsoever, be granted to or in aid of any person,
firm, association or corporation.

(d) Every ordinance authorizing the issuance of bonds shall
specify the purpose or purposes for which they are to be issued, the ag-
gregate amount of tne ponds, the term for which they shall be issued,
and the maximum rate of interest to be paid thereon. Any such ordinance
may be amended by ordinance at any time before the bonds to be affected
by such amendment have been sold; provided, however, if there shall be
omitted from this act any provision essential to the valid authorization,
sale, execution and issuance of any of the bonds of said town, the pro-
visions of general law with reference to similiar bonds shall supply said
omission.

(e) Any bonds issued by the town under this act shall be signed
by the mayor and attested by the clerk under the seal of the town, and shall
be made payable in the office of the town treasurer or such other place in
or out of the State as the council may provide in the ordinance authorizing
the issuance of the particular bonds. Such bonds may be advertised by
the mayor and sold by the town treasurer, as may be provided in such
ordinance, under supervision of the mayor and clerk, and the sale reported
to and approved by the council, and the proceeds from said sale shall
be paid to the town treasurer.

5. To expend the money of the town for all lawful purposes.

6. To acquire by purchase, gift, devise, condemnation or otherwise
property, real or 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, pledge, or otherwise dispose of the same or any part
thereof, including any property now owned by the town.

7. ‘To establish markets in the town and regulate the same, and to
enforce such regulations in regards to the keeping and sales of fresh
meat, vegetables, eggs and other green groceries and the trade of huck-
sters and junk dealers as may be deemed advisable; and to make and
enforce such regulations as shall be necessary to prevent huckstering,
forestalling or regrating.

To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands, property
rights, and riparian rights as the council of the said town may deem
necessary for the purpose of providing an adequate water supply to the
said town and of piping and conducting the same; to lay, erect and main-
tain all necessary mains and service lines, either within or without the
corporate limits of the said town, for the distribution of water to its
customers and consumers, both within and without the corporate limits
of the said town and to charge and collect water rents thereof ; to erect
and maintain all necessary dams, pumping stations and other works in
connection therewith; to make reasonable rules and regulations for pro-
moting the purity of its said water supply and for protecting the same
from pollution; and for this purpose to exercise full police powers and
cH. 210] | ACTS OF ASSEMBLY 269

sanitary patrol over all land 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 injunction 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 here-
in granted, the said town may exercise within the State all powers o

eminent domain provided by the laws of this State. 7

9. To establish, construct, maintain and operate public landings,
public wharves, harbors and docks either within the town, or without the
town not exceeding the distance of two miles from the corporate limits
thereof; to acquire by condemnation or otherwise all lands, riparian and
other rights and easements necessary for the~purposes aforesaid; to
lay and collect reasonable duties or wharfage fees on vessels coming to or
using said landings, wharves, harbors or docks; to dredge or deepen the
harbor or river of any branch or portion thereof; to prescribe and en-
force reasonable rules and regulations for the protection and use of its
said properties, whether within or without the town, and to impose and
enforce adequate penalties for the violation of such rules and regulations.

10. To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and to make reasonable charges
therefor; to acquire and operate reduction or any other plants for the
utilization or destruction of such materials, or any of them; to contract
or regulate the collection and disposal thereof and to require and regulate
the collection and disposal thereof. , 3

11. To inspect, test, measure and weigh any commodity or com-
modities or articles of consumption for use within the town; and_to
establish, regulate, license and inspect weights, meters, measures and
scales.

12. To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals, and other similar shows or fairs,
or prohibit the holding of the same, or any of them, within the town or
within one mile thereof. -

13. May require every owner of motor vehicles residing in the
said town, on a date to be designated by the council, to annually register
such motor vehicles and to obtain a license to operate the same by making
application to the treasurer of the said town, or such other person as may
be designated by the council of the said town, to issue said license, and
to require the said owner to pay an annual license fee therefor to be
fixed by the council ; provided that the said license fee shall not exceed the
amount charged by the State on the said machine.

14. To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories,
sewage disposal plants, jails, comfort stations, markets, and all buildings
and structures necessary or appropriate for the use and proper operation
of the various departments of the town; and to acquire by condemnation
or otherwise, all lands, riparian and other rights, and easements neces-
sary for such improvements, or any of them; either within or without the
town, and to construct, maintain or aid therein, roads and bridges to any
property owned by the said town and situate beyond the corporate limits
thereof, and to acquire land necessary for the aforesaid by condemnation
or otherwise. ws : |

15. To acquire, establish, enter, open, widen, extend, grade, im-
prove, construct, maintain and clean public highways, streets, sidewalks,
boulevards, parkways, and alleys, and to alter, vacate, or close the same;
to establish and maintain parks, golf courses, playgrounds, and public
grounds; to keep them lighted and in good order; to construct, maintain
and operate bridges, viaducts, subways, tunnels, sewers and drains and
to regulate the use of all such highways, parks, public grounds and works;
to plant and maintain or remove shade trees along the streets and upon
such public grounds; to prevent the obstruction of such streets and high-
ways; to regulate the operation and speed of cars, and vehicles upon said
streets and highways, within the town; and to do all other things whatso-
ever adapted to make said streets and highways safe, convenient and at-
tractive.

16. To construct in such parks, playgrounds, and public grounds,
as it may maintain, or upon any town property, stadiums, swimming
pools, gymnasia, and recreation or amusement buildings, structures, or
inclosures of every character, refreshment stands, restaurants, et cetera;
to charge for admissions, and use of the same, and to rent out or lease the
privileges of construction or using such stadiums, swimming pools, recre-
ation or amusement buildings, structures, or inclosures of every character,
refreshment stands, or restaurants, et cetera.

17. To establish, impose, and enforce the collection of water and
sewage rates, and rates and charges for public utilities, or other services,
products, or conveniences, operated, rented or furnished by the town;
and to assess, or cause to be assessed, after reasonable notice to the owner
or owners, water and sewage rates and charges directly against the owner
or owners of the buildings or against the proper tenant or tenants; and
in event such rates and charges shall be assessed against a tenant then the
council may by ordinance, require of. such tenant a deposit of such rea-
sonable amount as it may by such ordinance prescribe before furnishing
such service to such tenant. a a

_ 18. .To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to connect
therewith and to establish, construct, maintain and operate sewage dis-
posal plants, and to acquire by condemnation or otherwise, within or
without the town, all lands, rights of way, riparian and other rights, and
easements necessary for the purposes aforesaid, and to charge, assess, and
collect reasonable fees, rentals, assessments or costs of service for con-
nection with and using the same.

19. Subject to the provisions of the Constitution and general laws
of Virginia and this charter to grant franchises for public utilities; pro-
vided, however, the town shall at any time have the power to contract for,
own, operate, manage, sell, encumber or otherwise dispose of, either with-
in or without the town, any and all public utilities for the town and to sell
the services thereof, any existing franchise to the contrary notwith-
standing.
20. To charge arid to collect fees for permits to use public facilities
and for public services and privileges. The said town shall have the power
and right to charge a different rate for any service rendered or conveni-
ence furnished to citizens without the corporate limits from the rates
charged for similar service to citizens within the corporate limits. ,

21. To compel the abatement and removal 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 offen-
sive business within the said town, the keeping of hogs or other animals,
poultry or other fowl therein, or the exercise of any dangerous or un-
wholesome business, trade or employment therein; to regulate the trans-
portation 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 and
constructed ; to regulate the location, construction, operation, and main-
tenance of billboards, signs, advertising, and generally to define, prohibit,
abate, suppress and prevent all things detrimental to the health, morals,
aesthetic, safety, convenience and 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, and free from all weeds,
filth, unsightly deposits, ice and snow. , ° , |

22. ‘To extinguish and prevent fires, and to establish, regulate and
control a fire department or division, to regulate the size, height, mate-
rials 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 removed 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 constructed, removed, added to,
enlarged or repaired 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 materials; 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.

23. To direct the location of all buildings for storing explosives or
combustible substances ; to regulate the sale and use of gunpowder, nitro-
glycerin, fireworks, kerosene oil or other like materials; to regulate the
exhibition of fireworks, the discharge of fire arms, and the making of
bonfires in the streets and yards. : , :
24. To authorize and regulate the erection of party walls and
fences, and to prescribe how the cost thereof shall be borne by cotermin-
ous owners.

25. To provide for regular and safe construction of houses in the
town for the future, and to provide a building code for the town, to pro-
vide set back lines on the streets beyond which no building may be con-
structed, to require the standard of all dwelling houses be maintained in
residential section in keeping with the majority of residences therein,
and to require the standard of all business houses be maintained in busi-
ness sections in keeping with the majority of the business houses therein.

26. To provide by ordinance for a system of meat and milk in-
spection, and regulate the sale of meat and milk, and appoint meat and
milk inspectors, agents or officers to carry the same into effect within or
without the corporate limits of the said town; to license, regulate, control
and locate slaughter houses within or without the corporate limits of the
town; and for “such services of inspection to make reasonable charges
therefor ; and to provide reasonable penalties for the violation of such
ordinances.

2/. ‘To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect all
foodstuffs and prevent the introduction and sale in said town of any
articles or thing intended for human consumption, which is adulterated,
impure or otherwise dangerous to health, and to condemn, seize and
destroy or otherwise dispose of any such article or thing without liability
to the owner thereof ; to prevent the introduction or spread of contagious
or infectious diseases, and prevent and suppress disease generally ; to pro-
vide and regulate hospitals within or without the town limits, and if neces-
sary to the suppression of diseases, to enforce the removal of persons
afflicted with contagious or infectious diseases to hospitals provided for
them ; to construct and maintain or to aid in the construction and mainten-
ance of a hospital or hospitals for the use of the people of the town; to
provide for the organization of a department or bureau of health, to have
the powers of a board of health for said town, with the authority necessary
for the prompt and efficient performance of its duties, with the power to
invest any or all the officials or employees of such department of health
with such powers as the police officers of the town have, to establish
quarantine ground within or without the town, and establish such quar-
antine regulations against infectious and contagious diseases as the
council may see fit, subject to the laws of the State and of the United
States ; and to provide for a bureau of vital statistics and require physi-
cians, mid-wives or parents to make reports thereto.

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

29. To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive or penal institutions.

30. To prevent fowls and animals being kept in or running at large
in the town, or any thickly populated portion thereof, and to subject the
same to such taxes, regulations and penalties as the council may think
proper.
31. To prevent the riding or driving of horses or other animals at
an improper speed; to prevent the flying of kites, throwing of stones, or
engaging in any sort of employment in the public streets which is danger-
ous or annoying to passersby, and to prohibit and punish the abuse of
animals. |

32. In so far as not prohibited by general law; to control, regulate,
limit and restrict the operation of motor vehicles carrying passengers for
hire upon the streets or alleys of the town; to regulate the use of auto-
mobiles and other automotive vehicles upon the streets; to regulate the
routes in and through the town to be used by motor vehicle carriers oper-
ating in and through said town and to prescribe different routes for
different carriers; to prohibit the use of certain streets by motor trucks ;
and generally to prescribe such regulations respecting motor traffic
therein as may be necessary for the general welfare.

33. To grant aid to military companies and to contribute to the
support of a band maintained within the said town; to associations for
the advancement of agriculture or the mechanic arts, to scientific, literary,
educational or benevolent organizations or institutions and to public
libraries, provided such action is not prohibited by the Constitution of the
State, and that all such societies, organizations or institutions be located
in or near the town, and, provided, further, that no appropriation for any
such purpose shall be made, nor shall aid be otherwise granted through
exemption from charge for use of water or light facilities or otherwise,
either with or without charge, beyond the city limits, unless two-thirds of
all members elected to the council vote therefor. |

34. To acquire, by condemnation, purchase or otherwise, provide
for, maintain, operate and protect aircraft landing fields either within or
without the corporate limits of the town. |

35. If any ground in said town shall be subject to be covered with
stagnant water, or if the owner or owners, occupier or occupiers thereof
shall permit any offensive, unsightly or unwholesome substance or ma-
terial to remain or accumulate thereon, the town may cause such grounds
to be filled, raised, or drained, or may cause such substance to be covered
or to be removed therefrom, and may collect the expense of so doing from
the owner or owners, occupier or occupiers, or any of them (except in
cases where such nuisance is caused by the action of the town authorities
or their agents, or by natural causes beyond the control of the owner or
occupant, in which case the town shall pay the expense of abating the
same), by distress and sale in the same manner in which taxes levied upon
real estate for the benefit of said town are authorized to be collected ;
provided, that reasonable notice and an opportunity to be heard shall be
first given to said owners or their agents. In case of non-resident owners
who have no agent in said town, such notice shall be given by publication
at least once a week for not less than four consecutive weeks in any news-
paper having general circulation in the said town.

36. To establish, organize and administer public libraries, and
public schools, subject to the general laws establishing a standard of edu-
cation for the State ; and to provide for a census.
37. To provide in or near the town, lands to be used as burial

places for the dead ; to improve and care for the same and the approaches
thereto, and to charge for and regulate the use of the ground therein; to
cooperate with any non-profit corporation in the improvement and care
of burial places and the approaches thereto; and to provide for the per-
petual 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 thereof 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.
, 38. 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. _ , oo SO

39. To exercise full police powers and establish and maintain a
department or division of police. : : | :

40. To restrain and punish drunkards, vagrants and street beggars,
to prevent and quell riots, disturbances and disorderly assemblages ; to
suppress houses of ill-fame and gambling houses; to prevent 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. :

41. To make and enforce ordinances, in so far as not prohibited by
the general laws of this State, to regulate, control, license and/or tax the
manufacture, bottling, sale, distribution, transportation, handling, adver-
tising, possession, dispensing, drinking and use of alcohol, brandy, rum,
whiskey, gin, wine, beer, lager beer, ale, porter, stout, and all liquids,
beverages and articles containing alcohol by distillation, fermentation or
otherwise. — : . a

42. To prohibit and punish for mischievous, wanton, or malicious
damage to school and public property, as well as private property.

43. To prohibit from, and punish minors for, frequenting, playing
in or loitering in any public poolroom, billiard parlor, or bowling alley,
and to punish any proprietor or agent thereof for permitting same.

44, Where, by provisions of this act, the town has authority to pass
ordinances on any subject, they may prescribe any penalty not exceeding
twelve months in jail or a fine not exceeding five hundred dollars, either
or both, for a violation thereof, and may provide that the offender, on
failing to pay the penalty recovered and costs shall be imprisoned in jail
or prison farm of the town for a term of not exceeding ninety days, which
penalties may be prosecuted and recovered with costs in the name of the
town of Chincoteague, or shall compel them to work on the streets or other
public improvements of the said town. The town shall also have the right
to establish prisoner labor force in which they may require persons con-
victed of violations of town ordinances, to work on the streets and other
public grounds of the town, and the further right to deal with the State
for the use and employment of persons convicted of violations of State

laws. .
cH. 210]. : ACTS OF ASSEMBLY. 275

45. To offer and pay rewards for the apprehension and conviction
of criminals.

46. To give names to or alter the names of streets.

47. To enjoin and restrain the violation of any town ordinance or
ordinances, although a penalty is provided upon conviction of such
violation. ,

48. In so far as not prohibited by general law, to pass and enforce
all by-laws, rules, regulations and ordinances which it may deem neces-
sary for the good order and government 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 powers, authority, capacity, or jurisdic-
tion, which is or shall be granted to or vested in said town, or in the
council, court, or officers thereof, or which may be necessarily incident to
a municipal corporation. ,

49. To do all things whatsoever necessary or expedient and lawful
to be done for promoting or maintaining the general welfare, comfort,
education, morals, peace, government, health, trade, commerce, or indus-
tries of the town, or its inhabitants.

50. To prescribe any penalty for the violation of any town ordi-
nance, rule, or regulation or of any provision of this charter, not exceeding
five hundred dollars or twelve months’ imprisonment in jail, or both.

_ 51. To make and adopt a comprehensive plan for the town, and to
that end all plats and re-plats hereafter made subdividing any land within
the town or within one mile thereof, into streets, alleys, roads, and lots
or tracts shall be submitted to and approved by the council before such
plats or re-plats are filed for record or recorded in the office of the clerk
of Accomack county, Virginia.

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

53. To exercise the power of eminent domain within this State
with respect to lands and improvements thereon, machinery and equip-
ment for any lawful purpose of the said town.

54. To divert the channels of creeks and flowing streams and for
that purpose to acquire property by condemnation. :

To every case where a street in said town has been, or shall be,
encroached upon by any fence, building or otherwise, the town may
require the owner to remove the same, and if such removal be not made
within the time prescribed by the town, they may impose such penalty as
they may deem proper for each and every day it is allowed to continue
thereafter, and may cause the encroachment to be removed, and collect
from the owner all reasonable charges therefor, with costs by the same
process that they are hereinafter empowered to collect taxes.
Except, in any case where there is a bona fide dispute as to the true
boundary line or the location of the true street line (and if passage over
such street is not seriously impeded) the same shall first be established
and determined by an adjudication of a court of competent jurisdiction in
a proceeding instituted by either the town or the property owner for that
purpose before the said town shall take any steps to remove the said
obstruction or encroachment, or to impose any penalty therefor. No en-
croachment upon any street, however long continued, shall constitute any
adverse possession to or confer any rights upon the persons claiming
thereunder as against the said town.

56. Dedication of any street, alley or lane in said town may be made
by plat or deed. Any street or alley reserved in the division or sub-division
into lots of any portion of the territory within the corporate limits of said
town, by a plan or plat of record, shall be deemed and held to be dedicated
to public use, unless it appears by said record that the street or alley so
reserved is designated for private use. The town shall have the right to
elect, by resolution entered on its minutes whether it will, or will not
accept the dedication of any street or alley. |

57. (a) No action shall be maintained against the town for dam-
ages for any injury to any person or property alleged to have been sus-
tained by reason of the negligence of the town or any officer, agent, or
employee thereof, unless a written statement, verified by the oath of the
claimant, his agent or attorney, or the personal representative of any
decedent whose death is the result of the alleged negligence of the town,
its officers, agents or employees, of the nature of the claim and the time
and place at which the injury is alleged to have occurred or to have been
received, shall have been filed with an attorney, appointed by the council
for this purpose, within sixty days after such case of action shall have
accrued, and no officers, agents or employees of the town shall have
authority to waive such conditions precedent or any of them. (b) In
any action against the town to recover damages against it for any negli-
gence in the construction or maintenance of its streets, alleys, lanes, parks,
public places, sewers, reservoirs or water mains, where any person or
corporation is liable with the town for such negligence, every such person
or corporation shall be joined as defendant with the town in any action
brought to recover damages for such negligence, and where there is
judgment or verdict against the town, as well as the other defendant, it
shall be ascertained by the court or jury which of the defendants 1s pri-
marily liable for the damages assessed. (c) If it be ascertained by the
judgment of the court that some person or corporation other than the
town is primarily liable, there shall be a stay of execution against the
town until execution against such person or persons or other corporation
or corporations shall have been returned without realizing the full amount
of such judgment. (d) If the town, where not primarily liable, shall pay
the said judgment in whole or in part, the plaintiff shall, to the extent that
said judgment is paid by the town, assign the said judgment to the town
without recourse on the plaintiff, and the town shall be entitled to have
execution issued for its benefit against the other defendant or defendants
who have been ascertained to be primarily liable, or may institute any suit
in equity to enforce the said judgment, or an action at law, or scire facias
to revive or enforce said judgment. (e) No order shall be made, and no
injunction shall be awarded, by any court or judge, to stay the proceedings
of the town in the prosecution of their works, unless it be manifest that
they, their officers, agents or servants are transcending the authority given
them by this act, and that the interposition of the court is necessary to
prevent injury that cannot be adequately compensated in damages.

58. Except when prohibited by general law, the town may levy a
tax or a license on any person, firm or corporation pursuing or conducting
any trade, business, profession, occupation, employment or calling what-
soever within the boundaries of the town, whether a license may be
required therefor by the State or not, and may exceed the State license,
if any be required, and may provide penalties for any violation thereof.

~ 59. Any payment of delinquent taxes made by the tenant, unless
under an expressed contract contained in his lease, shall be a credit
against the person to whom he owes the rent.

~ 60. A lien shall exist on all real estate within the corporate limits
for taxes, levies and assessments in favor of the town, together with all
penalties and interest due thereon, assessed thereon from the commence-
ment of the year for which the same were assessed and the procedure for
collecting the 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 pro-
visions 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.

61. All goods and chattels wheresoever found may be distrained
and sold for taxes and licenses assessed and due thereon; and no deed of
trust or mortgage upon goods and chattels shall prevent the same from
being distrained and sold for taxes and licenses assessed against the
grantor in such deed while such goods and chattels remain in the grantor’s
possession.

62. Ordinances making the annual tax levy, appropriation ordi-
nances, ordinances and resolutions pertaining to local improvements and
assessments, ordinances and resolutions providing for or directing any
investigation of town affairs, resolutions requesting information from
administrative bodies, or directing administrative action and emergency
measures shall take effect at the time indicated in such ordinances. Except
as otherwise prescribed in this charter, all ordinances and resolutions
passed by the council shall take effect at the time indicated in such ordi-
nances, but in event no effective date shall be set forth in any such ordi-
nance, resolution or by-law passed by the council, the same shall become
effective thirty days from the date of its passage.

63. (a) There shall be set apart annually from the revenues of the
town a sinking fund sufficient in amount, to be invested as hereinafter set
forth, to pay the outstanding indebtedness of the town as it matures and
which by its terms is not payable in one year, and the council may in its
discretion annually from time to time, set aside. such additional sinking
funds as may be deemed proper. (b) When taxes on real and personal
property are collected for the year, the town treasurer shall take therefrom
the necessary amount and any additional sum, if any, so set apart, and de-
posit the same in a separate account to the credit of the sinking fund in
such bank or banks as the council may designate ; and the said council may,
if it shall so elect, cause its sinking fund to be loaned on improved real
estate situated in the town of Chincoteague, secured by first mortgage
liens thereon, provided such funds shall not be loaned to a greater amount
than fifty per centum of the market value of the property, and fire insur-
ance shall be carried on the property during the loan in an amount at
least equal to the face amount of the loan, which money shall be loaned at
the rate of six per centum per annum, payable semi-annually and for no
longer than five years at any one time. (c) All sinking funds shall be
used exclusively in the payment or purchase and redemption of the out-
standing bonds of the town, and when such sinking funds are not required
or may not within a reasonable time be required for payment of any bond
of the town, or cannot be used to advantage in the purchase and redemp-
tion of any bonds of the town which may be outstanding, the same shall
be securely invested in interest bearing municipal, State or government
bonds or loaned upon otherwise unencumbered real estate, within the
town of Chincoteague upon the basis hereinbefore provided, or invested in
any securities approved by the general laws of the State for the investment
of such funds, or deposited in a bank on a reasonable rate of interest.
Such sinking fund may be used in the payment or purchase and redemp-
tion of all bonds of the town at the discretion of the council. (d) The
town council shall act as the sinking fund commission and shall provide
for the investment, deposit and application of the funds in conformity to
the provisions of this charter; and it may require of any bank or banks
receiving on deposit its revenues or any of its sinking fund security satis-
factory to the council.

64. Upon the death, resignation, removal or expiration of the term
of any officer of the town, the council, shall order an annual audit and
investigation to be made of the accounts of such officer and report to be
made to the council as soon as practicable. After the close of each fiscal
year an audit shall be made of the accounts of all town officers ; said audit
shall be made by a qualified accountant, selected by the council, who shall
have no personal interest, direct or indirect, in the financial affairs of the
town or any of its officers or employees. The council may at any time
provide for an examination or audit of the accounts of any officer or
department of the town government. : )

_ 65. The town council may appoint a trial justice for the said town
who shall serve for two years from the date of his appointment and until
his successor 1s appointed by the council and qualifies. The mayor, or any
other qualified voter of the town of Chincoteague whom the council deems.
qualified, may be appointed by it as such trial justice. If the mayor is
appointed as trial justice, he shall discharge such duties as the trial justice
of the town under this charter and not as the mayor of the town, in addi-
tion to the execution of the duties of mayor imposed upon him by this
charter; and his powers, duties, authority and jurisdiction as such trial
cH. 210] ACTS OF ASSEMBLY ‘af?

justice shall be as hereinafter provided for the trial justice. Should the
mayor be appointed ‘trial justice, he shall receive the salary of mayor pro-
vided by the council for the discharge of his duties as mayor as well as
such salary of trial justice as may be provided by the council, if any.
Said trial justice is hereby vested with all the power, authority and
jurisdiction and charged with ‘all the duties within and for the town of
Chincoteague, and in criminal matters for one mile beyond the corporate
limits thereof, which are, or may hereafter be, conferred upon trial justices
by the laws of the State of Virginia, so far as the same may be applicable
and not in conflict with the provisions of this charter; and any amend-
ments of the trial justice laws of this State shall be considered as amend-
ments also of this section of this charter if the same are applicable hereto.
Fees and costs shall be assessed by the trial justice and shall be
collected as provided by the laws of the State of Virginia relating to trial
justices as the same shall now be or as hereafter amended. All fees and
costs collected by the said trial justice and all fines collected for violations
of all laws and ordinances of the town shall be paid into the town treasury
for the use and benefit of the town. : oe
Removals may be taken, and appeals from the decisions of the trial
justice may be taken, to the Circuit Court of Accomack county in the same
manner, upon the same terms and shall be tried in the same way as re-
movals, or as appeals frorn the decision of trial justices, as the case may
be, are provided to be taken and tried by the laws of the State of Virginia,
relating to trial justice as the same shall now be or as hereafter amended.
The council may also appoint such clerk or clerks as may in their
discretion be necessary, provide for just compensation therefor and pro-
vide necessary records. : | |
The council of said town shall provide a salary to compensate such
trial justice in such amount and payable at such times as the council shall
deem proper, and the council may provide also for a vacation period,
either with or without pay, and for such duration, as in the judgment of
the council may be proper. | | :
Like provisions may be made for a substitute justice, and when such
substitute acts, he shall receive the compensation which would have been
paid him had the principal acted, and which compensation shall be de-
ducted from the salary or allowance made to the principal. Oe
‘Nothing contained herein shall prevent the town of Chincoteague
from combining with the county of Accomack for the use of one trial
justice and one substitute trial justice for such combined town and county,
in such manner as may be provided by the laws of the State of Virginia
relating to trial justices; and if the town of Chincoteague and county of
Accomack shall at any time combine for the use of one trial justice and
one substitute trial justice for the said town and the said county, the laws
of the State of Virginia relating to trial justices, so far as applicable, shall
control and not this section of this charter; provided, however, that the
combination of the said town with the said county for the use of one trial
justice and one substitute trial justice shall not prevent the council of the
town at any time thereafter it shall desire so to do from withdrawing
the town of Chincoteague from such combination by a vote of the council
and appointing a trial justice and a substitute trial justice for the town of
Chincoteague under the provisions of this charter, notwithstanding any-
thing in the trial justice laws of Virginia to the contrary; and likewise
nothing herein contained shall prevent the town, after withdrawing from
such combination, to adopt again the combination with the county.

The powers and jurisdiction provided for in this sub-section sixty-
five (65) of this act as to matters other than those pertaining or relating
to violations of ordinances of the town may be exercised only to the ex-
tent permitted by general law.

66. The town shall have the power to extend or contract the cor-
porate limits of the town as provided by the Constitution and general
laws of Virginia in force at the time. !

67. The town of Chincoteague shall have authority to impose taxes
or assessments upon abutting landowners for making and improving the
walkways upon then existing streets, and improving and paving then
existing alleys, and for either the construction, or for the use of sewers,
and the same when imposed, shall not be in excess of the peculiar benefits
resulting therefrom to such abutting landowners; and the procedure for
making such assessments and the method of collecting such taxes and
assessments, shall be in accordance with general law.

68. The town of Chincoteague is hereby constituted a separate road
taxing district. The said town shall have the power to own, lay out, and
maintain its street system. The county of Accomack shall not levy any
tax on the said town, or any property or residents therein for road pur-
poses. Nor shall said town be embraced in any road district of the county
of Accomack.

69. The town of Chincoteague may levy a tax on all subjects of
taxation not prohibited to it by, nor exempted in, the Constitution and
general laws of Virginia. ,

70. The council hereinafter created shall have full power and
authority, except as herein otherwise specifically provided, to exercise
herein all of the powers conferred upon the town, and pass all laws and
ordinances relating to its municipal affairs, subject to the Constitution
and general laws of the State and of this charter, and shall have full and
complete control of all fiscal and municipal affairs of said town and all
of its real and personal properties, and may from time to time, amend,
re-amend and/or repeal any or all of the said ordinances, for the proper
regulation, management, and government of the said town and may
impose fines and penalties for the violation or non-observance thereof.

_ 71. 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.
cH. 210] ACTS OF ASSEMBLY 281
CHAPTER III |

Section 1. The council may adopt a town plan, showing the streets,
highways, and parks heretofore laid out, adopted, and established, and
such town plan shall be final with respect to the location, length, and
width of such streets and highways, and the location and dimensions oi
such parks. Such town plan is hereby declared to be established for the
promotion of the health, safety, and general welfare. Upon the adoption
of the town plan, or any amendment thereto, a certificate to that effect,
together with a plat, shall be filed immediately with the clerk of every
county affected by such town plan and amendment.

Section 2. The council is hereby authorized to appoint a town
planning commission, fix the number and terms of members, remove any
member for cause, fill any vacancies, which may occur, and provide for
the powers and duties of such commission, not in conflict with the pro-
visions of this act.

Section 3. The council may at any time, after a public hearing,
amend the town plan, by widening, relocating, or closing existing streets
and highways, and by altering any existing part or by laying out new
streets and highways and establishing new parks. Before amending the
town plan, the council shall refer the proposed amendment to the town
planning commission for a report thereon, and shall not act on such
amendment until a report has been received from said commission, unless
a period of thirty days has elapsed after the date of reference to the
commission. Any amendment of the town plan, upon its adoption by the
council, shall be final unless changed as herein provided as to the location,
length, and width of any street and highway, and the location and di-
mensions of any park. Any widening, relocating, closing or laying out of
streets and highways proposed under the provisions of law other than
those contained in this article shall be deemed an amendment of the town
plan, and shall be subject in all respects to the provisions of this chapter.

Section 4. No plat showing a new street or highway within the
town, shall be filed or recorded in the office of the clerk of the town or
of any county until such plat has been approved by the council. Before
giving any approval, the council shall refer every such plat to the town
planning commission for a report, and shall not act on any plat so referred
until a report has been received from the commission, unless a period of
forty-five days has elapsed after the date of reference to the commission.
Before reporting to the council on any plat, the commission shall hold a
public hearing thereof. If any plat is disapproved by the commission, it
shall report the reasons for such disapproval to the council. The council
shall not approve any plan unless the streets and highways provided in
such plats are of sufficient width, of proper grades, and suitably located
to meet the probable traffic needs ; to afford adequate light, air, and access
of fire apparatus to such buildings as may be erected along the proposed
streets and highways; and to insure healthful conditions on the land
adjacent to such streets and highways. The council may, in appropriate
cases, require that a plat, before being approved, shall provide adequate
open spaces for parks, playgrounds, or other recreational uses; but the
inclusion of such open spaces upon a plat does not require their dedication
to public use. After a plat has been approved by the council, the streets,
highways, parks, and other open spaces shall be a part of the town plan.
The council, after a public hearing, may adopt general regulations in
regard to the filing of plats.

Section 5. (a) Before approving such plat, and thereby accepting
the dedication of the streets, alleys, parks and public places thereon, the
council shall require that the streets and alleys thereon shall be properly
laid out and located with reference to the topography of the land so platted
and the adjoining lands, both as to connections and widths, which widths
of such streets and alleys shall be plainly marked in figures or written
on such plat, and which streets and alleys shall be laid out in harmony with
the general planof the town. =|

— (b) And, before approving such plat, and thereby accepting the
dedication of the streets and alleys thereon, the council shall require the
owner thereof to execute and deliver to the town of Chincoteague a
release and waiver of any claim or claims for damages which such owner,
his heirs, successors or assigns may have or acquire against the town of
Chincoteague by reason of establishing proper grade lines on and along
such streets and alleys and by reason of doing necessary grading or filling
for the purpose of placing such streets and alleys upon the proper grade
and releasing the town of Chincoteague from building any retaining wall
or walls along the streets and alleys and property lines; and the council
may require such release and waiver to be written and executed on said
plat and recorded therewith or by an instrument of writing to be executed
and recorded in the clerk’s office of the Circuit Court of Accomack
County. ,

And the council may, in its discretion, require the owner of such
platted lands to submit profiles of such streets and alleys, showing the
contour thereof, together with proper grade lines laid thereon, and if and
when the council is satisfied that the proper grade lines are laid on such
profiles, the profiles shall be approved by the council and recorded by the
owner or at his expense in the record of the profiles of the streets and
alleys of the town, and the council may, in its discretion, require such
release and waiver to be made with reference thereto.

- (c) Before approving any such plat of any sub-division of lots
or lands the town council may, at its discretion, require the owner of such
lot or lands to grade the streets and alleys therein, according to grade
lines approved and established by the council. So

Section 6. For the purpose of preserving the integrity of the plan,
no permit shall hereafter be issued for the construction of any building
within the street lines of any mapped street or highway, as laid down in
the town plan, within the town. Provided, however, if the land within
any mapped street or highway is not yielding a fair return to the owner,
the board of appeals, provided for herein, by a majority vote of all its
members, may issue a permit for a building within the street-line of such
street or highway, upon such conditions as will increase as little as pos-
sible the cost of opening such street or highway, and will protect as far
as possible the rights of the public and the integrity of the town plan.
The board of appeals, hereinafter authorized, before taking any action
under the provisions of this section, shall hold a public hearing, of which
adequate notice shall be given to all persons deemed to be affected. Any
decision by the board of appeals, rendered under the provisions of this
section, shall be subject to the same court review as provided for soma
decisions of the board.

Section 7. If such town plan is adopted, no public sewer,.water
pipe, or other public utility shall be laid and no grading or paving shall
be done by the town in any street or highway in the town, unless such
street or highway has been placed upon the town plan by the council. No
permit shall be issued for any building in the town unless such building
is located adjacent to a street or highway, which has been placed upon
the town plan by the council. Provided, however, where the literal en-
forcement of the provisions of this section would result in practical
difficulty or unnecessary hardship; or where the nature or use of the
proposed building does not require its location to be adjacent to a street
or highway, the board of appeals, by a majority vote of all its members,
may issue a permit for a building, upon such condition as the board may
deem necessary to preserve the integrity of the town plan and to insure
the proper location of future streets and highways in the town and the
surrounding area. Any decisions of the board of appeals, rendered under
the provisions of this section, shall be subject to the same court review
as provided for zoning decisions of the board.

CHAPTER IV

Section 1. For the purpose stated in chapter one hundred and
ninety-seven of the Acts of Assembly, approved March eighteenth, nine-
teen hundred and twenty-six, the town council is hereby empowered. to
pass zoning ordinances in conformity with the said act, as amended,
subject, however, to the following modifications thereto :

( a) The council shall not adopt any zoning ordinance or map until
it shall have appointed a town planning commission, as provided for in
this act and shall have received from said commission its recommendations
as to a zoning ordinance and map, and shall have held a public hearing
thereon.

(b) Any zoning ordinance, regulations, restrictions, and bound-
aries of districts may be changed f rom time to time by the council, either
upon its own motion or upon petition, under such conditions as the
council may prescribe, after a public hearing and adequate notice to all
owners and parties affected. If a protest or protests be filed with the
council, signed by the owners of twenty per centum or more of the area
of the land included in the proposed change, or by the owners of twenty
per centum or more of the area of the land immediately adjacent to the
land included in the proposed change, within a distance of one hundred
feet therefrom, or by the owners of twenty per centum or more of the
area of the land directly opposite across any street or streets from the
land included in the proposed change, within a distance of one hundred
feet from the street lines directly opposite, then no such change shall be
made except by the majority vote of all of the members of the council. No
change shall be made by the council in any zoning ordinance or map until
such change has been referred to the town planning commission for a
report thereon, and no action shall be taken by the council until a report
has been received from the commission, unless a period of thirty days
has elapsed after the date of reference to the commission.

(c) Within thirty days after the adoption of any zoning ordinance
and map, the council shall appoint a board of appeals, consisting of five
members, none of whom shall hold any other positions with the town.

The council may remove any member of the board for cause, after
a public hearing. If a vacancy occurs otherwise than by the expiration of
the term of the different members, it shall be filled by the council for the
unexpired term.

Unless the council designates some member of the board as a chair-
man, the board shall select a chairman from among its own members, and
may create and fill such other offices as it may choose. The board may
employ such persons as the council may approve, and may expend sma
sums as are appropriated by the council for its work.

CHAPTER V
Administration and Government

Section 1. (a) The present mayor and council of the town of
Chincoteague shall continue in office until the expiration of the terms
for which they were respectively elected.

(b) The administration and government of the town of Chinco-
teague shall be vested in one body to be called the council of the town of
Chincoteague, which shall consist of seven (7) members, six (6) of
whom shall be known as councilmen and one to be known as mayor, all
of whom shall be residents and qualified voters of the said town. The
council may create, appoint, or elect such departments, bodies, boards,
and other officers, or assessors or attorneys, as are hereinafter provided
for, or as are permitted or required by law to be appointed by the council,
or as may be deemed necessary or proper, and may fix their compensation
and define their duties.

Mayor and Vice-Mayor

Section 2. (a) The mayor shall preside at the meetings of the
council and perform such other duties as may be prescribed by this
charter and by general law, and such as may be imposed by the council,
consistent with his office. He shall be recognized as the official head of
the town for all ceremonial purposes, by the courts for the purpose of
serving civil process, and by the Governor for military purposes. In time
of public danger or emergency, he may take command of the police,
maintain order and enforce the law. Such course of action shall be subject
to review by the council.

The mayor shall have no right to vote in the council except that in
every case of a tie vote of the council, the mayor shall be entitled to vote
and his vote in case of a tie only shall have the same weight and effect as
the vote of a councilman.
cH. 210} ACTS OF ASSEMBLY 285

The mayor shall have no power to suspend, remove or discharge any
officer, agent or employee of the town nor shall he have any power or
authority to appoint or employ any officer, agent or employee of the
town nor to fix the term of office or employment, or the compensation, or
to increase or decrease the power and authority of any officer, agent, or
employee of the town, unless such power shall have been given him by
the council, but the mayor shall have such powers with respect to the
chief of police, the police, the policemen and employees of the police force
when and if the mayor is given the control and supervision of the chief
of police. ,

(b) Every ordinance, or resolution having the effect of an ordi-
nance, shall, before it becomes operative be presented to the mayor. If
he approve, he shall sign it, but if not, he may return it, with his objec-
tions in writing, to the town clerk who shall enter the mayor’s objections
at length on the minute book of the council. The council shall thereupon
proceed to re-consider such ordinance or resolution. If, after such con-
sideration, two-thirds of all the members elected to the council shall
agree to pass the ordinance or resolution, it shall become operative not-
withstanding the objection of the mayor. In all such cases the votes of
members of the council upon such reconsideration shall be determined
by “yeas” and “nays,” and the names of the members voting for and
against the ordinance or resolution shall be entered on the minute book of
the council. If any ordinance or resolution shall not be returned by the
mayor within five days (Sunday excepted) after it shall have been pre-
sented to him, it shall become operative in like manner as if he had
signed it, unless his term of office or that of the council, shall expire within
said five days.

(c) The council shall at its first meeting after the effective date of
this act choose one of its members as vice-mayor who shall serve until
August thirty-first, nineteen hundred and forty-three; and at its first
meeting in September, nineteen hundred and forty-three, and biennially
thereafter following the regular municipal election, the council shall
choose one of its members as vice-mayor. The vice-mayor shall perform
the duties of the mayor during his absence or disability. In the event of
the death, removal or resignation of the mayor, the council shall choose
one of the councilmen or some other qualified voter of the town of
Chincoteague, who shall serve as mayor until the next succeeding muni-
cipal election, at which time a successor shall be elected by the qualified
voters of the town of Chincoteague to fill the office of mayor for the
remainder of the unexpired term. | .

- Should a member of the council be chosen to serve as mayor until
the next municipal election such councilman shall be deemed to have
surrendered his office as councilman forthwith upon his qualification as
mayor and his office of councilman shall thereupon be vacant. The va-
vancy thereby created in the council shall be filled by the council.

The member of the council who shall be chosen vice-mayor, shall
continue to have all of the rights, privileges, powers, duties and obliga-
tions of councilmen even when performing the duties of mayor during
the absence or disability of the mayor of the town.
, ~ The Council

Section 3. (a) At the regular municipal election to be held in the
town on the second Tuesday in June in the year nineteen hundred and
forty-three, and every two years thereafter, there shall be elected, in the
manner prescribed by law, six councilmen and a mayor for terms of two
years beginning on the first day of September next succeeding their
election, each of whom shall serve until his successor shall have been
elected and qualified. The council shall be a continuing body, and no
measure pending before such body shall abate or be discontinued by
reason of expiration of the term of office or removal of the members of
said body or any of them. Vacancies in the council by any officer therein
shall be filled within thirty days after such vacancy occurs for the unex-
pired term by a majority vote of the remaining members, except where
otherwise inconsistent with the provisions of this charter. _ ape

(b) The council shall, by ordinance, fix the time for their stated
meetings. Special meetings shall be called by the clerk of the council
upon the request of the mayor, or any three members of the council ; no
business shall be transacted at a special meeting. but that. for which it
shall be called, unless the council be unanimous. The meetings of the
council shall be open to the public, except when the public welfare shall
require executive sessions. - a ,

If any member of the said council shall be voluntarily absent from
three regular meetings of the council consecutively, his seat may be
deemed vacant by resolution of the council and thereupon his unexpired
term shall be filled according to the provisions of this act. |

Town Clerk

, Section 4. The town clerk shall be appointed by the council, and
shall attend the meetings of the council and shall keep permanent records
of its proceedings; he shall be custodian of the town seal and shall affix
it to all documents and instruments requiring the seal, and shall attest
the same; he shall keep all papers, codes, documents, and records pertain-
ing to the town, the custody of which is not otherwise provided for in
this charter; he shall give notice to all parties, presenting petitions, or
communications to the council of the final action of the council on such
communications or. petitions ; he shall give to the proper department or
officials ample notice of the expiration or termination of any franchise,
contracts or agreements; he shall publish such reports and ordinances as
the council is required to publish, and such other records and ordinances
as it may direct; he shall upon final passage transmit to the proper de-
partments or officials copies of all ordinances or resolutions of the council
relating in any way to such departments or to the duties of such officials,
and he shall perform such other acts and duties as the council may, from
time to time, allow or require. ,

Town Treasurer

Section 5. (a) The town treasurer shall, before entering upon
the duties of his office, give bond with sufficient surety to be approved
by the council, in a penalty of such amount as may be fixed by the council
from time to time, payable to the town of Chincoteague, conditioned for
the true and faithful performance of the duties of his office. The treasurer
shall be responsible for the collection of all taxes, licenses and levies and
charges for services furnished by the public utilities of the town. The
council shall have authority to place in the hands of a town collector to be
appointed by it, the collection of any taxes, licenses and other levies at
any time if in the discretion of the council it shall be proper so to do.

(b) The town treasurer shall receive all moneys belonging to the
town which it is his duty to collect from persons owing the same to the
town, or which it is the duty of other officers of the town to collect and
pay over to him, and pay the same out as the ordinances of the town may
prescribe; to keep such moneys safely and account therefor ; and to pay
all drafts or orders made on him in conformity with the ordinances of
the town.

(c) The funds of the town shall be deposited by the treasurer in
such bank or banks as the council may direct, and such bank or banks may
be required to give security in such sum or sums as the council shall fix.
He shall keep books showing accurately the state of his accounts and the
money of the town shall be kept distinct and separate from his own.
money and he is hereby expressly prohibited from using directly or in-
directly the town’s money, checks, or warrants in his custody and keeping
for his own use and benefit, or that of any person or persons whomsoever,
and any violation of this provision shall subject him to mmitnedtate removal
from office.

(d) The books and accounts of the town treasurer and all papers
relating to the accounts and transactions of the town, shall be at all times
subject to the inspection of the mayor, the town council, and such other
persons as the council may appoint, to examine the same, and all such
books and accounts, together with any balance or moneys on hand, shall
be transferred by the treasurer to his successor at every new appointment,
or delivered up as the council may at any time require.

_(e) The town treasurer shall, when required by the council, render
an account to the council showing the state of the treasury and the balance
of money on hand. He shall also, if required so to do by the council,
accompany such account with a statement of all money received by him
and on what account, with a list of all checks paid by him during the
month then closed, and shall furnish such other information, accounts and
statements as the town council may direct.

(f) The town treasurer shall annually submit to the town council,
at such time as directed by the council, a full and detailed account of all
receipts and disbursements made during the fiscal year just closed.

(g) All taxes, levies or other sums of money of whatever nature
received by the town treasurer belonging to the town of Chincoteague
shall be credited by the treasurer on his books to the town of Chinco-
teague and shall be paid out by him only on a warrant of the clerk of the
council, countersigned, by the mayor.

! (h) The treasurer shall keep a separate account of each fund and
appropriation and the debts and credits belonging thereto; provided,
however, that the council shall have the right to require all town funds
to be deposited to the credit of the town and may prescribe by resolution
or ordinance such other method of disbursement as it shall from time to
time deem proper. ,

(1) All moneys received on all special assessments shall be held
by the treasurer as a special fund, to be applied to the payment of the
matter for which the assessment was made and said moneys shall be used
for no other purpose.

(j) The treasurer shall perform such additional duties as may be
required of him by the council not inconsistent with the laws of the
State.

(k) The town treasurer shall receive for his services such com-
pensation, tf any, as the council may deem proper.

Town Sergeant

Section 6. There shall be appointed by the council a town sergeant
who shall qualify and give bond in such amount as the council may
require. He shall be vested with powers of a conservator of the peace, and
shall have the same powers and discharge the same duties as a constable
within the corporate limits of the town and to a distance of one mile be-
yond the same, and shall perform such other duties as may be from time
to time prescribed by the council.

Town Officers—General

Section 7. (a) The town council may combine offices when not
expressly prohibited, except that the assessing and collecting officers
shall not be the same person.

(b) The town council shall grant and pay to all town officers and
employees such salaries or compensation, if any, as the said council may
from time to time deem just and proper, or which shall be fixed by this
act, except as such salaries or compensation may be fixed by general law.

(c) If any person, having been an officer of such town, shall not
within ten days after he shall have vacated, or removed from office, and
upon notification or request of the clerk of the council, or within such
time thereafter as the town council shall allow, deliver over to his suc-
cessor in office all property, books, and papers belonging to the town, or
appertaining to such office in his possession or under his control, he shall
forfeit and pay to the town the sum of five hundred dollars, to be sued for
in the name of the town and recovered with costs; and all books, records,
and documents used in any such office by virtue of any provision of this
act, or of any ordinance or order of the town, council, or any superior
officer of the said town, shall be deemed the property of the said town
and appertaining to said office, and the chief officer thereof shall be re-
sponsible therefor. | ,

(d) All officers hereafter elected under this act, shall be elected
at the times and for the terms, as hereinbefore provided, and shall enter.
upon the discharge of their duties, in accordance with the provisions of
the general laws of this State concerning town officers.

(e) The town of Chincoteague and the officers thereof, elected or
appointed in accordance with the provisions of this act, shall be clothed
cH. 210] ACTS OF ASSEMBLY 28S

with all the powers, and be subject to all the provisions of law not in
express conflict with the provisions of this act.

(f) The mayor, the town councilmen, the town sergeant and. the
members of the police force of the town shall have jurisdiction, power
and authority in criminal and police matters for one mile from the cor-
porate limits of the said town.

(g) All officers elected or appointed under the provisions of this
charter, shall, unless otherwise provided under general law or by this
charter, or by ordinance of the council, execute such bond with such
approved security as may be required by general law, by this charter, or
by ordinance or resolution of the council, and file the same with the town
clerk before entering upon the discharge of their duties; and in event of
default on the part of any bonded municipal officer, the town shall have
the same remedies against him and his sureties as are provided for the
State in enforcing the penalty of any official bond given to it.

(h) All officers elected or appointed under the provisions of this
charter shall take the oath of office required by general laws before en-
tering upon the discharge of his duties, and if these requirements have
not been complied with within thirty days after the term of office shall
have begun or after his appointment to fill a vacancy, then such office
shall be considered vacant.

CHAPTER VI
General Provisions

Section 1. The mayor, town clerk and town treasurer shall have
power to administer oaths, and to take and sign affidavits in the discharge
of their respective official duties.

Section 2. The council, mayor, and any officer, board or commis-
sion authorized by the council, shall have power to make investigations
as to town affairs and for that purpose to subpoena witnesses, administer
oaths and compel the production of books and papers.

Any person refusing or failing to attend or to testify or to produce
such books and papers may, by summons issued by such officer or board
or the town council, be summoned before the mayor of said town by the
board, official, or council making such investigation and upon his failure
to give satisfactory explanation of such failure or refusal, may be fined
by the mayor not exceeding one hundred dollars or imprisoned not ex-
ceeding thirty days, and such person shall have the right to appeal to the
circuit court of Accomack County. Any person who shall give false
testimony under oath at any such investigation shall be liable to prosecu-
tion for perjury.

Section 3. The plan of government provided by this charter may
be changed to any other plan provided for the government of incorpor-
ated towns in the manner provided by general law therefor: and if and
when the town of Chincoteague shall become a city of the second class in
the manner provided by general law, the plan of government provided by
this charter shall continue so far as applicable, but such plan of govern-
ment may be changed to any other plan provided for the sovernment af
cities of the second class at any time in the manner provided by general
law.

Section 4. All contracts and obligations heretofore or hereafter
made by the council of the town of Chincoteague, while in office, not
inconsistent with this charter, or the Constitution, or the general laws of
this State shall be, and are hereby declared to be valid and legal.

Section 5. All ordinances now in force in the town of Chinco-
teague, not inconsistent with this charter shall be and remain in force
until altered, amended or repealed by the council of the said town.

Section 6. Vacancies in all elective or appointive offices may be
filled by a majority vote of the council. No appointive officer shall be
elected for a term longer than two years at any one time. But this pro-
vision shall not prevent the council from electing such officer for as many
unexpired or full terms as the council may desire. A vacancy in the
elective offices of the town may be filled by the council until the next
municipal election only, regardless of the term of such elective officer, at
which time the person or persons, as the case may be, receiving the highest
number of votes at'the regular municipal election shall fill the full unex-
pired terms of such elective officer. In the event there are no or not suff-
cient candidates at any regular municipal election to fill the offices of
council or mayor, the council is hereby empowered to fill such vacancies.

Section 7. If any clause, sentence, paragraph, or part of this act,
shall for any reason be adjudged by any court of competent jurisdiction
to be invalid, said judgment shall not effect, impair or invalidate the
remainder of the said act, but shall be confined in its operations to the
clause, sentence, paragraph or part thereof directly involved in the con-
troversy in which said judgment shall have been rendered.

Section 8. This act may for all purposes be referred to or cited as
the Chincoteague Charter of nineteen hundred and forty-two.

2. All acts or parts of acts in conflict with this charter, in so far
as they affect the provisions of this charter, and all former charters and
amendments thereto for the town of Chincoteague, Virginia, are hereby
repealed.

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