Chap. 229.—An ACT to provide a new charter for the Town of Sieghens Gi
and to repeal certain acts. (H 297]

Approved March 13, 1948

Be it enacted by the General Assembly of Virginia:

1. Section 1. The inhabitants of the town of Stephens City,
in the county of Frederick, as the same is now or hereafter may be
established by fixed territorial limits, shall be and are hereby made
a body, politic and corporate, to be known and designated by the
name of the Town of Stephens City and as such shall have and
exercise the powers conferred upon incorporated towns under the
general laws of the State of Virginia, passed under and pursuant
to the Constitution. of the State, for the government of cities and
towns of the Commonwealth (so far as the same apply to towns
as defined by the general law now in force and as hereafter may
be amended and changed by the General Assembly) and the
provisions of the general laws and the Constitution of the State,
relative to such towns are hereby incorporated in and made a
part of the charter of the town of Stephens City as fully in every
respect as if such general laws and constitutional provisions were
fully set forth herein, except insofar as the same are inconsistent
with the provisions of this act.

Section 2. The corporate limits and boundaries of the town
of Stephens City (formerly called Newtown and Stephensburg).
Frederick County, Virginia, shall remain as they now are and
have heretofore been established by law, shall be called and con-
stitute the town of Stephens City.

Section 3. On the second Tuesday in June, nineteen hundred
forty-eight, and every two years thereafter, as provided by law,
there shall be elected by the qualified voters of the town one elec-
tor of the town, who shall be denominated the mayor, and six
other electors, who shall be denominated the councilmen of the
town of Stephens City, and the mayor and councilmen shall con-
stitute the town council and be the governing body of the town
of Stephens City. 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 qualified.
Every person elected as councilman shall take an oath faithfully
to execute the duties of his office to the best of his judgment and
ability. The person elected as mayor shall take the oath prescribed
by law for State officers.

Section 4. There shall be appointed for the town a registrar
and officers of election in the manner prescribed by the general
law of Virginia, and all elections held in the town shall be governed
in accordance with the general law.

Section 5. The council of the town shall be judge of the elec-
tion, qualification and return of its members; if any person returned
be adjudged disqualified, a new election to fill the vacancy shall
be ordered by the council and held on such day as it may designate
by ordinance. Any vacancies otherwise occurring shall be filled
by the council. A vacancy in the office of mayor shall be filled
by the council from the electors of the town. For the transaction
of business by the council four members (not counting the mayor
as one) shall constitute a quorum. In case of the inability of the
mayor to attend any meeting of the council on account of sickness
or other reasons, the council may appoint by recorded vote, one
of its own members as mayor pro-tem.

Section 6. The mayor and council so elected shall have power
to make by-laws and ordinances for the regulation and good govern-
ment of the town, and to assess and collect taxes on the inhabitants
and property within the limits of the town for all municipal pur-
poses, subject to the limitations and restrictions of the general
laws of the State regulating municipalities, and shall have power
to impose taxes and assessment upon abutting land owners for
making or improving the walk ways upon then existing streets
and improving and paving then existing alleys and for either the
construction or for the use of sewers in accordance with the pro-
visions of the Constitution and general laws of the State.

Section 7. There shall be elected by the council at its election,
or as soon as practicable thereafter, a treasurer, a recorder or clerk
of the council, and a town sergeant, and may elect a town assessor,
whose terms of office shall be co-equal with the time the council
appointing same shall continue in office, unless sooner removed as
provided by this charter or any ordinance of the town. The salaries
and compensation to be paid such officers, together with their
duties shall be fixed by the council. The council may appoint or
elect such other officers as may be necessary or desirable for the
best interests of the town. All officers (except police justice and
town attorney) shall be residents of the town and shall have
resided therein at least three months prior to their election or
appointment.

Section 8. The mayor and town councilmen of the town shall
be clothed with all the powers and authority of a justice of the peace
in civil matters within the corporate limits of the town and one
mile beyond. The council shall have the authority, however, by a
majority vote to designate and appoint any person residing within
the county of Frederick, or who maintains his principal place of
business in the county to be the police judge of the town, and who
shall hear and dispose of all violations of the ordinances of
the town within its corporate limits and one mile beyond
the corporate limits, and of all criminal cases within the
territory and which are within the jurisdiction of such trial officer.
Such trial officer shall be provided with a place within the town to
be used in the trial of such cases and the administration of the
office, and he shall hold office at the pleasure of the council, and
he shall subscribe to such oath of office as other officers of the town
subscribe to. All trials held in pursuance to this section shall be
held and conducted as criminal cases are heard and tried by the
trial justice and State courts, and appeal be to the circuit court
of Frederick County. The fees in connection with such cases shall
be the same as the fees provided by law for trial justices, and all
such fees, and all fines imposed by such trial officer, shall be
collected by him and paid into the treasury of the town, unless
the town by ordinance directs some other disposition thereof. The
council may from time to time pass such ordinances as may be
necessary to give this section proper force and effect and to
prescribe rules of procedure, collection of penalties, costs, et
cetera, and provide for a clerk of such court and the proper
records and supplies therefor.

Section 9. The jurisdiction of the corporate authorities of the
town in all criminal matters and for imposing and collecting license
taxes on shows, performances and exhibitions, shall extend one
mile beyond the corporate limits of the town of Stephens City as
provided by general law. All fines and costs imposed for offenses
committed within the limits of the town and one mile beyond the
same, when not paid to the trial justice imposing such fine, shall
be collected by the sergeant of the town and turned into the
treasury of the town.

Section 10. In the event of the death, resignation or removal
out of the town of the mayor and any of the councilmen, such
vacancy shall be filled within thirty days by an election held as
aforesaid, by the qualified voters of the town, the date of the
election to fill such vacancy to be fixed by the mayor of the town,
or in case of his death, resignation, or removal, by the councilmen
of the town. Or the council may by a unanimous vote fill such
vacancy.

Section 11. The municipal authorities of the town of Stephens
City shall have the use of the jail of the county of Frederick in
execution and enforcement of their duties incident to their office
under this act and by the general laws of the Commonwealth
regulating the same.

Section 12. The council may require the mayor to communi-
cate to it annually as soon as may be practicable after the close
of the fiscal year, or oftener if necessary, a general statement of the
condition of the town in relation to its government, finances and
public improvements with such recommendations as he may deem
proper, and the mayor may at any time, upon his own motion and
at his pleasure make such report and statement to the council. The
mayor shall exercise a constant supervision over all the affairs of the
town and over the conduct of all subordinate officers. He shall have
the power and authority to investigate the acts of such authorities,
have access to all books and documents in their control and may
examine such officers on oath. He shall have power to suspend
all officers appointed by the council until the next regular meeting
of the council, but such suspension shall in all cases be for mis-
conduct in office or neglect of duties, the same to be specified in
the order of suspension. In case of the suspension of any such officer,
the mayor may appoint some other person in his place to hold
such office and perform the duties thereof until the next regular
meeting of the council. At such regular meeting, the mayor shall
report such suspension, together with his reason therefor,

Section 13. The mayor may appoint special policemen when
in his judgment it is best for the peace and good government of
the town. The mayor may, at any time that the welfare and peace
of the town require it, direct the police force of the town in the
performance of any of its special or regular duties.

Section 14. The council shall, by ordinance or resolution, fix
the time of its regular meetings; but a meeting may be called and
convened by the mayor or by any three members of the council
by giving due notice to all members of the council at any time, but
at such called meetings no business shall be transacted except
such as may be plainly stated in such call.

Section 15. The council may adopt rules for the regulation of
its proceedings but no tax shall be levied or corporate debt con-
tracted except by a vote of two-thirds of the council, four votes
being counted as two-thirds, the mayor having no vote except in
case of a tie, which vote shall be taken by yeas and nays recorded
on the journal in which the minutes of all meetings of the council
are kept. It may appoint such committees as may be deemed proper
for the transaction of business and may compel the attendance of
absent members. The mayor shall preside over the council but shall
not be entitled to vote on any question except in the case of a tie. A
journal shall be kept of the proceedings of all meetings of the
council and at the request of any member the yeas and nays shall
be recorded on any question.

Section 16. Every ordinance passed by the council for the
violation of which any penalty is imposed, shall be published in any
way as the council may order, so as to give general publicity thereto
and no such ordinance shall become effective until the same shall
have been published either by handbills or in some paper published
in the county, as the council may deem proper. If the publication be
by handbills, a certificate of the posting of them shall be given by
the sergeant to the clerk of the council; provided, however, that
after the expiration of six months from the date of the passage of
such ordinance its publication shall not be questioned or its validity
affected by any failure to publish the same.

Section 17. In addition to the powers conferred by other gen-
eral statutes, the council of the town shall have the power to lay
off streets, walks or alleys; alter, improve and light the same and
have them kept in good order; to lay off public grounds and provide
all buildings necessary for the town; to abate and remove nuis-
ances; to make regulations and provisions in reference to contag-
ious diseases; to regulate the keeping of gun powder or other
combustibles within the corporate limits and beyond within one
mile thereof; to regulate the keeping of gasoline, kerosene and
other combustible oils within the town or out of the town near
the corporate limits, and may prohibit the keeping of more than
certain fixed quantities of gasoline and other such combustible or
explosive products at certain places and within fixed areas and
permit the storage of larger quantities at other places within and
beyond the limits of the town; to provide, permit or prohibit the
establishment of cemeteries or places for interment of the dead
in or within one mile of the town, and to regulate the same, and also
all such places heretofore established ; to acquire control or estab-
lish, maintain, operate, extend and enlarge water works, ice plants,
gas works, electric light and power plants and other public utilities
within or beyond the limits of the town for the purpose of supplying
the inhabitants of the town with gas, light, power and other benefits
and conveniences for public use, and for such other purposes as
are permitted by the laws of the State; to acquire within or beyond
the limits of the town by purchase, condemnation or otherwise,
whatever land may be necessary for constructing, locating, estab-
lishing, maintaining, operating, extending, or enlarging any such
water works, ice plants, gas works, electric plants and other plants
and facilities necessary for establishing, any and other public utili-
ties, and also the rights of ways, rails, pipes, poles, conduits or any
of the fixtures or appurtenances thereof; to lease, own, operate or
maintain rock quarries and land within or out of the town for the
purpose of obtaining material for use upon the public streets, places
or works of the town and to own and operate all machinery and
plants necessary for the operation and development of any such
quarries; to prevent the pollution of water and injuries to water
works and electric light plants and their appurtenances for which
purposes the council shall have jurisdiction for ten miles beyond
the limits of the town in like manner as if the works, plants and
other such property of the town were within the town, and to
protect from injury by ordinance with adequate penalty, the
pipes, poles, works, fixtures, land and other things used in connec-
tion with the water works, electric plants or other public utilities
owned or controlled by the town; to make, erect, and construct
within or beyond the limits of the town septic tanks and other sew-
age disposal plants, sewers and public ducts and to acquire within
or beyond the limits of the town, by purchase, condemnation or
otherwise, so much land as may be necessary to make, erect, con-
struct, operate and maintain the same; to make regulations con-
cerning the building of houses in the town and to establish and
maintain public squares, parks and play grounds and boulevards
and cause the same to be laid out, equipped or beautified and, in
particular districts or along particular streets, to prescribe and
erect building lines, regulate the height and character of buildings,
and to require the removal of any dilapidated, unsightly or unused
buildings, especially where same constitute a dangerous menace
and fire risk; to locate and establish or re-locate and re-establish
permanent street lines where same are in doubt and after due
notice to all parties in interest; to make regulations for the purpose
of guarding against accidents, fires and other dangers to the gen-
eral public; to regulate the means of exit from houses used for
the assemblies of the public; to prevent injury or annoyance to
the public from anything dangerous, offensive or unwholesome;
to protect places of divine worship and to prevent disturbances of
public worship in and about the premises where held; to provide
for order and observance of the Sabbath Day; to prevent vice and
immorality; to suppress houses of gambling and of ill fame; to
appoint and publish the places for holding town elections and the
time of holding special elections and polls.

Section 18. In any case where a street of the town or other
public place has been or may be encroached upon by any fence,
building or other structure, the council may require its removal
and may cause such encroachment to be removed at the expense of
the person responsible therefor. No encroachment on any street,
sidewalk or public place, however long continued, shall constitute
an adverse possession or right against the town.

Section 19. Any street or alley reserved in the division or
subdivision in the lots of any portion of the territory within the
corporate limits of said town by plat or plan of record, shall be
deemed and held to be a dedication to the uses of the town and
general public and this provision shall apply, though the sub-
division of such territory into lots, streets and alleys, shall have
taken place prior to the inclusion of such territory within the
corporate limits of said town. Whenever any street or alley within
the town shall have been opened to and used by the public for a
period of five years, the same shall thereby become a public street
or alley. And providing further, that all plats and re-plats hereafter
made subdividing any land within the corporate limits of the town,
or one mile thereof, into streets, alleys, roads, lots or tracts, shall
be submitted to an approval by the council before such plats or
re-plats are filed for record or recorded in the office of the clerk of
the circuit court of Frederick County, Virginia.

Section 20. In addition to the right of the town under the
general law to negotiate temporary loans and thereby anticipate
its income for and during any year, the council in the name of and
for the use of the town of Stephens City, may contract loans, incur
debts and cause certificates of debt or bonds to be issued whenever
two-thirds of its members, by a recorded vote, decide that such
course is in the best interest of the town and necessary in the
acquirement and establishment of some needed public improve-
ment or utility, but such council may borrow money in such
manner and for such purposes only to the extent and subject to
the provisions prescribed by the Constitution and laws of Virginia.
The council shall not have the power to issue any bonds or certi-
ficate of debt except such as are to be paid and discharged within
one year from date of issue out of the regular income of the town
until it shall have first submitted to the qualified voters of the town
whether or not such bonds shall be issued and the majority of the
qualified voters voting at any election held for such purpose have
voted for such issue. Such election shall be held in the manner pre-
scribed and under the provisions of the general laws of the State of
Virginia, except the council shall have the power to call such elec-
tion and fix the date thereof by ordinance, copies of which shall be
published in some newspaper published in the county or the nearest
paper published thereto and posted at least twenty days from such
election in at least five public places by the sergeant thereof. The
judges conducting any such election shall certify the return to the
clerk of the circuit court of Frederick County and to the council, and
the court shall enter of record such order as the case may require
and as provided by law. Any bonds which may be issued under this
act may be either registered or coupon bonds and the purposes for
which the bonds are issued shall be clearly set forth therein. They
shall be issued in such denominations and bear such rate of interest,
not exceeding six per centum, as may be determined by the council.
They shall be made payable at such time as the council may pre-
scribe, not exceeding thirty years from their date, and may at the
option of the council be made redeemable after such time and in
such amounts as the council may prescribe. The interest thereon
may be made payable at such place as the council may designate,
either annually or semi-annually. All bonds issued under this
act shall be signed by the mayor and countersigned by the clerk of
the council with the seal of the town attached. They shall be sold in
such manner as the council may prescribe and the proceeds from
such sale used and expended under the orders of the council.

Section 21. Except when prohibited by general law, the town
council may levy a tax or a license on any person, firm, or corpora-
tion pursuing or conducting any trade, business, profession, occupa-
tion, employment or calling whatsoever within the boundaries of
the town, whether a license may be required therefor by the State
or not, which license may exceed the State license, if any be
required.

Section 22. The mayor may receive a salary to be fixed by
the council, but such salary shall not be increased or diminished
during his term of office. The councilmen may be paid a compensa-
tion for attendance upon the meetings of the council, but the com-
pensation for attending such meetings shall not exceed in the aggre-
gate twenty-five dollars per annum each. The council may provide
for additional compensation to such of their committees performing
special work to the extent that may be reasonable and fair.

Section 23. All ordinances now in force in the town not incon-
sistent with this act or the laws of this State and of the United
States, shall be and remain in force until altered, amended or
repealed by the council of the town.

2. All acts and amendments thereto providing a charter for
the town of Stephens City (variously known as Newtown and
Stephensburg) are repealed.

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