Chap. 177.—An ACT to provide a new charter for the town of Bowling Green,
and to repeal Chapter 144 of the Acts of Assembly of 1902-3-4, approved
April 10, 1903, which provided a charter therefor, and all amendments
thereto. [H 286]

Approved March 10, 1948

Be it enacted by the General Assembly of Virginia:

i ARTICLE I
THE TOWN CORPORATE

Section 1. (1) The inhabitants of the territory comprised
within the present limits of the town of Bowling Green, as such
limits 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 Bowling Green, and as such
shall have and may exercise all powers which are now or hereafter
may be conferred upon or delegated to towns under the Constitu-
tion and laws of the Commonwealth of Virginia, as fully and com-
pletely as though such powers were specifically enumerated herein,
and no enumeration of particular 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 incumbent on said
town as a municipal corporation, and shall have perpetual succes-
sion, 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.

ARTICLE II
CORPORATE LIMITS

Section 1. (1) The corporate limits of the town of Bowling
Green are hereby established as follows: beginning at the graveyard
on top of Mill Hill, owned by S. W. Broaddus, and running to the
northeast corner of the Baptist parsonage lot; thence westwardly
along the line of said lot and G. R. Collins’ land to the county road;
thence west across said road in a straight line to an ice house
owned by E. C. Moncure; thence southwest to E. C. Moncure’s
barn; thence south in a straight line to a dam across E. J. Ander-
son’s ice pond; thence south in a straight line to E. J. Anderson’s
spring; thence south along the line between E. J. Anderson’s and
C. W. Collins’ to Milford Road; thence east up said road to Ander-
son’s avenue; thence across said road and along the line between
the lands of J. M. Hudgin and A. L. Jones to the line of John W.
Maury; thence east in a straight line to a cherry tree in rear of
A. A. Anderson’s lot ; thence east in a straight line to L. T. Wright’s
barn; thence east to the brick yard in A. B. Chandler’s field,
formerly owned by J. T. White; thence north in a straight line to
the beginning.

ARTICLE III
ADMINISTRATION AND GOVERNMENT

Section 1. (1) The present mayor and councilmen of the town
of Bowling Green shall continue in office and exercise all the
powers conferred by this charter and the general laws of this
State until the expiration of the term for which they were elected,
or until their successors are duly elected and qualified.

(2). Except as otherwise provided in this charter, all powers
of the town and the administration and government thereof shall
be vested in the council and such boards or officers as are hereafter
mentioned, or may be by law otherwise provided.

(3) On the second Tuesday in June, nineteen hundred and
forty-eight, and every two years thereafter, there shall be elected
by the qualified voters of the town, one elector of the town, who
shall be denominated mayor, and seven other electors, who shall
be denominated councilmen, and the mayor and councilmen shall
constitute the town. council. They shall enter upon the duties of
their offices on the first day of September next succeeding their
election, and shall continue in office until their successors are duly
elected and qualified. Every person so elected shall take an oath
faithfully to execute and discharge the duties of his office to the
best of his judgment, and the mayor shall take the oath prescribed
by law for State officers. The failure of any person elected or
appointed under the provisions of this charter to qualify or to take
the oath required, within the time prescribed for entering upon the
discharge of the duties of the office to which he is elected or
appointed, shall vacate the said office, and the council shall proceed
and is hereby vested with power to fill such vacancy in the manner
herein prescribed.

(4) There shall be appointed for the town a registrar and
officers of election in the manner provided for by general law of
Virginia, and all elections held in said town shall be conducted in
accordance with said general law; the electorate shall be that
prescribed by general law.

(5) The council shall judge of the election, qualification, and
returns of its members; may fine them for disorderly conduct, and,
with the concurrence of two-thirds, expel a member, If any person
returned be adjudged disqualified, or be expelled, a new election
to fill the vacancy shall be held on such day as the council may
prescribe. Any vacancy occurring otherwise during the term for
which such person was elected shall be filled by the council by
the appointment of any one eligible to such office. A vacancy in
the office of mayor shall be filled by the council from the electors
of the town, and any member of the council may be eligible to
fill such vacancy.

A majority of the members of the council shall constitute
a quorum for the transaction of business.

(7) Each member of the council may receive a salary to be
fixed by the council, payable at such times, and in such manner as
the council may direct, but the salary paid to any one member
during any year shall not exceed the sum of one hundred dollars
($100.00) per annum. The mayor may receive a salary to be fixed
by the council, payable in such manner and at such times as the
council may direct, not to exceed the sum of five hundred dollars
($500.00) per annum; and such salary shall be in lieu of any fees
he is entitled to enter up as part of the costs and receive in the
trial of cases of violation of the ordinances of the town as herein-
after provided for.

(3) The mayor shall preside at the meetings of the council
and perform such other duties as are prescribed by this charter and
by general law, and such as may be imposed by the council con-
sistent with his office. The mayor shall have no right to vote in
the council, except in case of a tie he shall have the right to break
the same by his vote; but he shall have the right to veto. He shall
take care and see that the by-laws, ordinances, acts and resolutions
of the council are faithfully executed and obeyed, and shall have
and exercise all power and authority conferred by general law on
mayors of towns not inconsistent with this charter. He shall be
ex officio a conservator of the peace within the town and within
one mile of its corporate limits; and shall have jurisdiction to issue
process for and try all cases for the violation of the town ordi-
nances, subject to an appeal to the Circuit Court of Caroline County,
Virginia, and impose such punishment and/or fines as may be
prescribed for violation of the same, and he shall have power to
issue executions for all fines and costs imposed by him, or he may
require an immediate payment thereof, and in default of such pay-
ment he may commit the defaulting party to the town jail or the
Caroline County jail until such Ene and costs shall be paid,
such commitment, however, not to be for more than twelve months.
He may release persons accused or convicted of the violation of a
town ordinance upon the giving of sufficient bail to be fixed by
him. He shall see that peace and good order are preserved and
that persons and property within the town are protected. He shall
authenticate by his signature such documents and instruments as
the council, this charter, or the laws of this Commonwealth require.
He shall from time to time recommend to the council such measures
as he may deem needful for the welfare of the town.

(9) Every ordinance, or resolution having the effect of an
ordinance, shall, before it becomes operative be presented to the
mayor. If he approves, he shall sign it, but if not, he may return it,
with his objections 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 reconsider such ordinance
or resolution. If, after such consideration, two-thirds of all the
members elected to the council shall agree to pass the ordinance
or resolution, it shall become operative notwithstanding the objec-
tion of the mayor. In all such cases the votes of members of the
council upon such reconsideration 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 presented 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.

(10) The council shall, as soon as practicable after qualifica-
tion, and biennially thereafter following the regular municipal
election, appoint one of its members as vice-mayor. The vice-mayor,
during the absence or disability of the mayor, shall perform the
duties and be vested with all the powers, authority, and jurisdic-
tion, of the mayor; and in the event of a vacancy for any reason
in the office of mayor, he shall act as mayor until a mayor is duly
appointed by the town council or is elected. The member of the
council who shall be chosen vice-mayor shall continue to have all
of the rights, privileges, powers, duties and obligations of council-
man even when performing the duties of mayor during the absence
or disability of the mayor of the town.

(11) The council shall, by ordinance, fix the time for their
regular meetings, which shall be held at least once a month.
Special meetings may be called by the clerk at the instance of the
mayor or any two members of the council in writing; and no other
business shall be transacted at a special meeting except that stated
in the call, unless all members be present and consent to the trans-
action of such other business. The meetings of the council shall be
open to the public except when in the judgment of the council the
public welfare shall require executive meetings.
(12) The council shall keep a minute book, in which the clerk
shall note the proceedings of the council, and shall record proceed-
ings at large on the minute book and keep the same properly
indexed.

(13) The council may adopt rules for regulating its proceed-
ings, but no tax shall be levied, corporate debt contracted, or
appropriation of money exceeding the sum of one hundred dollars
be made, except by a recorded affirmative vote or a majority of all
the members elected to the council.

(14) There shall be appointed by the council at its first meet-
ing in September, or as soon as practicable thereafter, a treasurer,
who shall hold office for a term of two years. The council may
provide a salary for the treasurer. He shall give such bond, with
surety and in such penalty as the council prescribes. He shall
receive all money belonging to the town, and keep correct accounts
of all receipts from all sources and of all expenditures of all depart-
ments. He shall be responsible for the collection of all taxes, license
fees, levies and charges due to the town, and shall disburse the
moneys of the town in the manner prescribed by the council as it
may by ordinance direct.

(13) The treasurer shall make such reports and at such time
as the council may prescribe. The books and accounts of the
treasurer shall be examined and audited at least once a year by
a competent accountant selected by the council, such examination
and audit to be reported to the council.

(16) The council may in its discretion designate the place of
deposit of all town funds, which shall be kept by the treasurer
separate and apart from his personal funds.

There shall be appointed by the council, at its first regu-
lar meeting in September after its election, a clerk of the council,
who shall hold office for a term of two years. He shall attend the
meetings of the council and keep its minutes and records and have
charge of the corporate seal and shall attest the same. He shall
keep all papers required to be kept by the council, shall publish
such reports and ordinances as are required to be published, and
shall perform such other duties as the council may from time to
time require. His compensation shall be fixed by the council. Any
vacancy to this office shall be filled by the council.

(18) There shall be appointed by the council at its first regular
meeting in September or as soon as practicable thereafter, a town
sergeant, who shall also be chief of police; and shall hold office
for two years. His duties shall be such as the council prescribes.
He shall be vested with the powers of a conservator of the peace.
His compensation shall be fixed by the council.

(19) The council may appoint a trial justice for the said town
who shall serve foretwo years from the date of his appointment
and until his successor is appointed by the council and qualifies.
The mayor, or any other qualified voter of the town of Bowling
Green 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 addition to the execu-
tion of the duties of mayor imposed upon him by this charter; and
his powers, duties, authority and jurisdiction as such trial justice
shall be as hereinafter provided for the trial justice. Should the
mayor be appointed trial justice, he shall receive the salary of
mayor provided 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 Bowling Green, and in criminal matters for one mile
beyond the corporate limits thereof, which are, or may hereafter
be, conferred upon the trial justice 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 amendments of the
trial justice laws of this State shall be considered as amendments
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.

Removals may be taken, and appeals from the decisions of the
trial justice may be taken, to the circuit court of Caroline County
in the same manner, upon the same terms. and shall be tried in the
same way as removals, or as appeals from 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 justices 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
provide 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 dura-
tion, 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 compensa-
tion shall be deducted from the salary or allowance made to the
principal.
The town of Bowling Green may combine with the county of
Caroline 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 Bowling Green and county of Caroline
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.

(20) The council may appoint or select such other officers as
may be necessary, including a business manager for the town, and
fix their salaries and define their duties.

(21) All ordinances, resolutions and by-laws passed by the
council shall take effect at the time indicated in such ordinances,
resolution or by-law, but in event no effective date shall be set
forth in any such ordinances, resolution or by-law passed by the
council, the same shall become effective thirty days from its
passage.

ARTICLE IV
TAXATION AND FINANCES

Section 1. (1) The town council shall have control of taxation
and finances for its municipal purposes. It shall have the following

wers :

(2) To prepare, or cause to be prepared, annually a budget
showing the estimated receipts and proposed expenditures for town
purposes as required by State law, and to publish the same.

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

(4) To impose special or local assessments for local improve-
ments and enforce the payment thereof, subject to such limitations
as may be prescribed by the Constitution and laws of this State,
as may be in force at the time of the imposition of such special
or local assessments. :

(5) To contract debts in the name of and for the use of the
town and make and issue, or cause to be made and issued, as
evidence thereof, bonds, notes or other obligations, within the
limitations prescribed by the Constitution and the laws of this
State concerning bonds issued by towns, upon 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
connection with any public utility owned and operated by the town.

(6) To borrow money temporarily, pending the issuance and
sale of any bonds, notes or other obligations authorized by this
charter, or in anticipation of the receipt of taxes and revenue of
the current fiscal year, and to issue notes or other evidences of
indebtedness therefor, and from time to time to renew such tempo-
rary loans or to use current funds to be ultimately repaid from the
proceeds of said bonds, notes or other obligations, or from the town
taxes and revenues, as the case may be.

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

(8) To levy a tax or a license on any slot machine or similar
device of any kind, whether a license may be required therefor by
the State or not, and may, if permitted by general law, exceed the
State license, if any be required, and may provide penalties for any
violation thereof.

(9) 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 limits of the town or within one mile thereof; provided that
the license fee for holding any of the foregoing within one mile
of the town shall only be sufficient to provide regulation and
protection. :

(10) To impose licenses by ordinance upon businesses, trades,
professions or callings, and upon persons, firms, associations or
corporations engaged therein or offering to do business within
the boundaries of the 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.
The fee for such license may exceed the State license fee if any
be required.

(11) Licenses may also be imposed upon and a fee therefor
collected from persons, 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 the town.

(12) For every license issued or transferred under this charter,
there may be prescribed by ordinance a reasonable charge or fee,
for issuing or transferring the same. Such charges or fees shall be
paid into the town treasury.

(13) A lien shall exist on all real estate within the corporate
limits for taxes, levies, penalties 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 penalties
and procedure for collecting such taxes and for selling real estate
for town taxes shall be the same as provided by the general laws
of this Commonwealth. The council shall have the benefit of all
other remedies for the collection of town taxes which are now, or
may hereafter be permitted under the general law of the State,
including the power to distrain goods and chattels for failure to
pay taxes levied thereon.

ARTICLE V
PROPERTY

Section 1. The town council shall have the following powers:

(1) To acquire by purchase, gift, devise, condemnation, or
otherwise, property, real or personal, or any estate therein within
or without the town, for any purpose of the town, and to hold,
improve, sell, lease, mortgage, or pledge, or otherwise dispose of
the same or any part thereof, including any property now owned
by the town.

(2) To acquire by gift, purchase, exchange or by the exercise
of the power of eminent domain within this State, lands, or any
interest or estate in lands, rock quarries, gravelpits, sandpits, water
and water rights, and the necessary roadways thereto, either within
or without the town, and to acquire and install machinery and
equipment and build the necessary roads or trainways thereto, and
to operate the same for producing material required for any and
all purposes of the town.

(3) To acquire and operate parks, playgrounds, and public
grounds within or without the corporate limits of the town, and to
place on the same either within or without the town, stadia, swim-
ming pools, recreation and amusement buildings, structures or
enclosures of every character, and charge admission thereto, and
to rent out or lease the privileges of the same.

(4) To acquire by condemnation, purchase or otherwise, pro-
vide for, maintain, operate and protect aircraft landing fields either
within or without the corporate limits of the town.

(5) To acquire in any lawful manner, for the purpose of
encouraging commerce and manufacture, lands within or without
the town, not exceeding at any one time five hundred acres in the
aggregate, and from time to time sell or lease the same or any part
thereof for industrial or commercial use and purposes, irrespective
of the consideration paid for such lease or sale.

(6) To construct, purchase, maintain, regulate and operate
public improvements 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 various departments of the
town and to acquire by condemnation or otherwise all lands,
riparian and other rights and easements necessary for such improve-
ments, or any of them, and, either within or without the town to
construct, maintain, or aid therein, roads and bridges to any prop-
erty owned by the said town, and situated beyond the corporate
limits thereof, and to acquire land necessary for the aforesaid uses
by condemnation or otherwise.
(7) To provide in or near the town land 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 or
association in the improvement and care of burial place and
approaches thereto; and to provide 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 and 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 has been made. And all acts of the
said town in accepting from any cemetery company, society or
corporation such land to be used as a burial place for the dead,
whether said land had been heretofore used or not, as well as all
contracts and agreements made with any person or persons for
perpetual care and maintenance, are hereby declared valid.

ARTICLE VI
UTILITIES

Section 1. The town council shall have the following powers:

(1) 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 pur-
chased by said town, to its customers and consumers both within
and without the corporate limits of the said town, at such price
and upon such terms as it may prescribe, and to that end it may
contract for and purchase electricity and gas from the owners
thereof upon such terms as it may deem expedient.

(2) 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 piping and conducting the same; to
lay, erect and maintain all necessary mains and sewer 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 therefor; to erect and maintain all necessary
dams, pumping stations and other works in connection therewith ;
to make reasonable rules and regulations promoting the purity of
its water supply and for protecting the same from pollution; and
for this purpose to exercise full police powers and sanitary patrol
over all lands comprised within the limits of the watershed, tribu-
tary to any such water supply wherever such lands may be located
in this State; to impose and enforce adequate penalties for the vio-
lation 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.

(3) To establish, construct, and maintain sanitary sewers,
sewer lines and systems, and to require abutting property owners
to connect therewith; to establish, construct, maintain, and operate
sewage disposal plants, and to acquire by condemnation or other-
wise, within or without the town limits, all land, rights-of-way,
riparian and other rights and easements necessary for said pur-
poses, and to charge and assess and collect reasonable fees, rentals,
assessments or costs of service for connecting with and using the
same.

(4) To charge and collect fees for permits to use public facili-
ties and for public services and privileges; and to have the right
and power to charge for any service rendered or convenience
furnished to those residing without the corporate limits different
from the rates charged for similar services or conveniences to those
residing within the corporate limits.

(5) To collect and dispose of sewage, offal, ashes, garbage,
carcasses of dead animals, and other refuse, and make reasonable
charges therefor; to acquire and operate reduction or any other
plants for utilization and disposal of such material; to contract for
or regulate the collection and disposal thereof; and to require the
collection and disposal thereof, and to acquire land within or
without the town for said purpose.

(6) 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 fur-
nished by the town; and to assess, or cause to be assessed, after
reasonable notice to the owner or owners, water and sewage rates
and charge directly against the owner or owners of the building,
or against the proper tenant or tenants; and may by ordinance
require a deposit of such reasonable amount as it may prescribe
belore furnishing such service either to owner or tenant.

(7) To grant franchise for public utilities in accordance with
the provisions of the Constitution and general laws; provided,
however, the town shall at any time have the power to construct,
own, operate, manage, sell, encumber, or otherwise dispose of,
either within or without the town, any and all public utilities for
the town, and to sell the services thereof any existing franchises
to the contrary notwithstanding.

(8) To regulate, permit or prohibit poles and wires for electric,
telephone, and telegraph purposes erected or to be erected and gas
pipes to be laid in the streets and alleys of the town; to require the
owner or lessee of an electric light, telephone, or telegraph pole,
or poles, or wires, now in use or hereafter erected, to change the
location of or move the same.
Section 1. The town council shall have the following powers:

(1) The town shall have the power to acquire, establish, enter,
open, widen, extend, grade, improve, construct, maintain, and clear
public highways, streets, sidewalks, boulevards, parkways, alleys,
and to alter, vacate, or close the same; to establish and maintain
parks, golf courses, playgrounds and public grounds and 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, alleys and highways, to regulate the operation and
speed of cars and vehicles within said streets and highways within
the town; and to do all other things whatsoever adapted to make
said streets and highways safe, convenient and attractive.

(2) To give names to or alter the names of the streets.

ARTICLE VIII
BUILDING REGULATIONS

Section 1. The town council shall have the following powers:

(1) To regulate the size, height, materials and construction of
buildings, fences, walls, retaining walls and other structures here-
after erected in such manner as the public safety and convenience
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 become

-dangerous to life or property, or which may be erected contrary
to law.

(2) 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 provide set-back lines on the streets beyond which no buildings
may be constructed if permitted by general law; to require the
standard of all dwelling houses be maintained in residential sections
in keeping with the majority of residences therein, and if permitted
by general law to require the standard of all business houses to be
maintained in business sections in keeping with the majority of
the business houses therein.

(3) To make and adopt a comprehensive plan for the town and
to that end all plats and replats 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 replats are filed for record, or recorded.
in the office of the clerk of Caroline County, Virginia.
(4) To issue or refuse (in case of non-compliance with the
building requirements of the town) to issue permits for the con-
struction of buildings, fences, walls and other structures in the said
town; and any person, firm or corporation, failing to secure such
permit prior to the beginning of said construction or other work
shall be deemed guilty of a misdemeanor and punished as herein-
before provided.

ARTICLE IX
ADDITIONAL POWERS

Section 1. In addition to the powers elsewhere mentioned in
this charter and the powers conferred by general law and the Con-
stitution, the town shall have the following powers:

(1) To compel the abatement and removal of all nuisances
within the town or upon property owned by the town without its
limits at the expense of the person or persons causing the same or
of the owner or occupant of the ground or premises wherein 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 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 noisome or offensive business within the said town, or the
exercise of any dangerous or unwholesome business, trade, or em-
ployment therein; to regulate the transportation of all articles
through the streets of said town; to compel the abatement of smoke
and dust, and prevent unnecessary noise; to regulate the location
of stables and the manner in which the same shall be constructed
and kept; to regulate the location, construction, operation, and
maintenance of bill boards and signs; and generally to define,
prohibit, abate, suppress, and prevent all things detrimental to the
health, morals, aesthetics, safety, convenience, and welfare of the
inhabitants of the town; and to require all owners or occupants
of property having public sidewalks adjacent thereto to keep the
same clean and sanitary, free from weeds, filth, unsightly deposits,
ice and snow, and any obstruction.

(2) To extinguish and prevent fires, and to establish, regulate,
and control a fire department or division ; to establish and designate
from time to time fire limits, within which limits wooden buildings
shall not be constructed, 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 fire-proof materials to enact stringent and efficient laws for
securing the safety of persons from fires in halls and buildings used
for public assemblages, entertainments or amusements.
(3) To direct the location and construction of all buildings for
storing explosives or combustible substances; to regulate the sale
and use of gunpowder, nitroglycerin, fireworks, kerosene, gasoline,
and other like materials, to regulate or prevent the exhibition of
fireworks, the discharge of firearms, and the making of bonfires
within the corporate limits of said town.

(4) 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 provide and regulate
hospitals within or without the town limits, and if necessary to
the suppression of disease, to enforce the removal of persons
affected with contagious or infectious diseases to hospitals pro-
vided for them; to provide for the organization of a department or
bureau of health, to have the powers of a board of health for said
town, with authority necessary for the prompt and efficient per-
formance of its duties, with the power to invest any or all of the
officials or employees of such department of health with such
powers as the police officers of the town have, to establish quaran-
tine ground within or without the town, and establish and enforce
such quarantine regulations against contagious and infectious dis-
eases as the council may see fit, subject to the laws of the State
and the United States.

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

(6) To provide and maintain, either within or without the
town, charitable, recreative, curative, corrective, detention or penal
institutions.

(7) To regulate poultry or other fowl, hogs, dogs or other
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.

(8) To prevent the riding or driving of horses or other animals
at an improper speed; to prevent the flying of kites, throwing of
stones, the setting off of fireworks or engaging in any sort of
employment in the public streets which is dangerous or annoying
to passersby, and to prohibit and punish the abuse of animals.

(9) To establish markets in the town and regulate the same
and to enforce such regulations in regard to the keeping and sale
of fresh meats, vegetables, eggs, and other green groceries, and
the trade of hucksters and junk dealers as may be deemed advisable.

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

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

(12) To restrain and punish drunkards, vagrants, and street
beggars; to prevent and quell riots, disturbances, assemblages and
disorderly assemblages; to suppress houses of ill-fame and gam-
bling houses and punish operators and inmates of the same; to
prohibit and punish the carrying of concealed weapons within the
said town; to prevent and punish lewd, indecent, and disorderly
exhibitions in said town. To prohibit and punish gambling and
betting, disturbances of the peace, disorderly conduct, and public
swearing and cursing, within the said town.

(13) To prohibit and punish mischievous wanton, or malicious
damage to school, church, and public property, as well as to private
property.

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

(15) To compel persons sentenced to confinement in the jail
of the town for any violation of the laws or ordinances of the town
to work on the public streets, parks, or other public works of the
town; and on the requisition of the mayor it shall be the duty of
the sergeant of the town to deliver such persons to the duly
authorized agent of the town for such purposes from day to day
as they may be required. For the purpose of carrying into effect
the police regulations of the town, the town shall have the use of
the county jail of Caroline County for the safe keeping and con-
finement of all persons who shall be sentenced to imprisonment
under the ordinances of said town.

(16) To enjoin and restrain the violation of any town ordi-
mance or ordinances, although a penalty is provided upon the
conviction of such violation.

(17) To pass and enforce all by-laws, rules, regulations, and
ordinances which it may deem necessary 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 the citizens and 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 jurisdiction, which is or shall be granted to or vested in said
town, or in the council, court or officers, thereof, or which may
be necessary incident to a municipal corporation.

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

(19) To offer and pay rewards for the apprehension of
criminals.

(20) To provide by ordinance for a system of meat and milk
inspection, and appoint milk and meat inspectors, agents, or officers
to carry the same into effect; to prevent, 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; and to provide reasonable penalties for the violations of
such ordinances.

(21) To establish, organize, administer, or contribute to the
support of public schools and libraries, subject to the general laws
establishing a standard of education for the State.

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

(23) To make and enforce ordinances, in so far as not pro-
hibited by the general laws of this State, to regulate, control, license
and/or tax the manufacture, bottling, sale, distribution, transporta-
tion, handling, advertising, 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.

(24) To require every owner or operator 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 coun-
cil; to issue said license, and to require the said owner to pay the
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 such machines. The council shall have the right to require
the operator of said motor vehicle to attach a proper license plate
on a conspicuous part of the said motor vehicle and to keep same
thereon in plain view for common observation. The council may
prorate such license fee over periods of not less than three months.

(25) 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 regu-
late the use of automobiles and other automotive vehicles upon
the streets; to regulate the routes in and through the town to be
used by motor vehicle carriers operating 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 pre-
scribe such regulations respecting motor traffic therein as may be
necessary for the general welfare and safety.
(26) To make and enforce ordinances, not inconsistent with
the laws of this State.

To put into force and effect by ordinances any and all
the foregoing powers, and any other powers and authority of the
said council given by this charter, or any State law, or any amend-
ments thereto; and to prescribe punishment for the violation of any
town ordinance, rule or regulation, or of any provision of this
charter, said penalty not to exceed five hundred dollars ($500.00)
fine or twelve months’ imprisonment in jail, or both.

(28) The enumeration of particular powers by this charter
shall not be deemed to be exclusive, and in addition to the powers
enumerated herein or implied hereby, or appropriate to the exer-
cise of such powers, it is intended that the town council shall have
and may exercise all powers which, under the Constitution and
laws of this State, it would be competent for this charter specifically
to enumerate.

ARTICLE X
ACTIONS AGAINST TOWN

Section 1. (1) No actions shall be maintained against the
town for damages for any injury to any person or property alleged
to have been sustained by reason of the negligence of the town
or any officer, agent, or employee thereof, unless a written state-
ment of the claimant, his agent or attorney, or the personal repre-
sentative of any decedent whose death is a 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 the mayor or any attorney appointed by the council for
this purpose within sixty days after such cause of action shall
have occurred, except where the claimant is an infant or non compos
mentis, or the injured party dies within such sixty days such
statement may be filed within one hundred and twenty days. And
no officers, agents, or employees of the town shall have authority
to waive such conditions precedent or any of them.

ARTICLE XI
MISCELLANEOUS

Section 1. (1) If any clause, sentence, paragraph, or part of
this act shall for any reason be adjudged by a court of competent
jurisdiction to be invalid, said judgment shall not affect, impair
or invalidate the remainder of said act, but shall be confined in its
operation to the part of the act directly involved in the controversy
in which said judgment shall have been rendered.
(2) This act may be referred to or cited as the Bowling Green
Charter of nineteen hundred and forty-eight.

2. Chapter one hundred forty-four of the Acts of Assembly of
nineteen hundred two, three and four, approved April ten, nineteen
hundred three, which provided a new charter for the town of
Bowling Green, and all acts amendatory thereof are hereby repealed.

3. An emergency exists and this act is in force from its passage.