CHAPTER 201

AN ACT to provide a new charter for the Town of Parksley,
Accomack County, Virginia; to repeal all acts, or parts of
acts in conflict therewith; to validate all contracts hereto-
fore or hereafter made by the present council and govern-
ment while in office not inconsistent with this charter or
the Constitution and general laws of this State; and to re-
peal all former charters of the town of Parksley, including
Chapter 362 of the Acts of Assembly of 1916, approved
March 20, 1916, as amended.

: [ H 303 ]

Approved March 14, 1950
Be it enacted by the General Assembly of Virginia:

CHAPTER I

1 §1. The town corporate.—The inhabitants of the territory
comprised within the present limits of the Town of Parksley,
as such limitations are now or may be hereafter altered and es-
tablished by law, shall constitute and continue a body, politic
and corporate, to be known and designated as the Town of Parks-
ley, 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 Constitution and laws of the Commonwealth of Vir-
ginia, as fully and completely as though such powers were spe-
cifically 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 cor-
poration, and the said Town of Parksley, as such, shall have per-
petual succession, may sue and be sued, implead and be im-
pleaded, contract and be contracted with, and may have a cor-
porate seal which it may alter, renew, or amend at its pleasure
by proper ordinance.

§ 2. The town boundary.—The corporate limits of the
Town of Parksley, Virginia, as heretofore established, are hereby
re-established, and shall be taken and deemed as the Town of
Parksley as follows:

Commencing at a certain stone marker at the intersection of
Willis Street, if produced or extended westwardly, with the line
between the land of the Parksley Land & Improvement Company
and the Stran Farm, thence, northwardly at a right angle with
said street on a straight line marked with certain stone mark-
ers and running to the stream of Katy Young’s branch; thence
eastwardly, following said stream and running to the county
road leading from the town of Parksley to Rue postoffice; thence
southwardly following said road running to the county road
leading from Parksley to the county almshouse; and thence
southwardly in the same course running to Willis Street; if
produced or extended eastwardly; and thence westwardly fol-
lowing said Willis Street, if produced or extended, as aforesaid,
running to the point of beginning.

CHAPTER II _

§ 1. Powers of the Town of Parksley.—

(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 purpose 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 im-
provements and to force payment thereof, subject to such limita-
tions 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 connection 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 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 device or pretense 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 aggregate amount of the bonds, 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 provisions of general law with reference to similar 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 coun-
cil 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 ordi-
nance, 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 dis-
pose 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 hucksters 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.

(8) To own, operate and maintain water works and to ac-
quire 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 provid-
ing an adequate water supply to the said town and of piping and
conducting the same; to lay, erect and maintain all necessary
mains and service lines, either within or without the corporate
limits of the said town, for the distribution of water to its cus-
tomers 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 sta-
tions and other works in connection therewith; to make reason-
able rules and regulations for promoting the purity of its said
water supply and for protecting the same from pollution; and
for this purpose to exercise full police powers and sanitary pa-
trol 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 pre-
vent 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 herein granted, the said
town may exercise within the State all powers of eminent do-
main provided by the laws of this State.

(9) To collect and dispose of sewage, offal, ashes, garbage,
carcasses of dead animals and other refuse, and to make reason-
able 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 to regulate the collection and dis-
posal thereof and to require and regulate the collection and dis-
posal thereof.

(10) 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. .

(11) 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.

(12) To 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.

(13) To construct, maintain, regulate and operate public
improvements of all kinds, including municipal and other build-
ings 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 necessary for such improvements,
or any of them; either within or without the town, and to con-
struct, maintain or aid therein, roads and bridges to any prop-
erty owned by said town and situate beyond the corporate limits
thereof, and to acquire land necessary for the aforesaid con-
demnation or otherwise.

(14) To acquire, establish, enter, open, widen, extend,
grade, improve, 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 highways; to regulate the operation of speed
cars and vehicles upon 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.

(15) To construct in such parks, playgrounds, and public
grounds, as it may maintain, or upon any town property, sta-
diums, swimming pools, gymnasiums, and recreation or amuse-
ment buildings, structures, or inclosures of every character, re-
freshment stands, restaurants, et cetera; to charge for admis-
sions, and use of the same, and to rent out or lease the privileges
of construction or using such stadiums, swimming pools, recrea-
tion or amusement buildings, structures, or inclosures of every
character, refreshment stands, or restaurants, et cetera.

(16) 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 the
proper tenant then the council may by ordinance, require of
such tenant a deposit of such reasonable amount as it may by
such ordinance prescribe before furnishing such service to such

enant.

(17) 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, main-
tain and operate sewage disposal plants, and to acquire by con-
demnation or otherwise, within or without the town, all lands,
rights of way, riparian and other rights, and easements neces-
sary for the purposes aforesaid, and to charge, assess, and col-
lect reasonable fees, rentals, assessments or costs of service for
connection with and using the same.

(18) Subject to the provisions of the Constitution and gen-
eral laws of Virginia and this charter to grant franchises for
public utilities; provided, however, the town shall at any time
have the power to contract for, 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 franchise to the contrary not-
withstanding.

(19) To charge and to collect fees for permits to use public
facilities and for public services and privileges.

(20) 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 prem-
ises 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 slaughter houses or other noisome
or offensive business within the said town, the keeping of hogs
or other animals, poultry or other fow] therein, or the exercise
of any dangerous or unwholesome business, trade or employ-
ment therein; to regulate the transportation of all articles
through the streets of the town; to compel the abatement of
smoke and dust and prevent unnecessary noise; to regulate the
location of stables and the manner in which they shall be kept
and constructed; to regulate the location, construction, opera-
tion, and maintenance of billboards, signs, advertising, and gen-
erally 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.

(21) To extinguish and prevent fires, and to establish, regu-
late and control a fire department or division, to regulate by
ordinance the size, height, materials and construction of build-
ings, fences, walls, retaining walls and other structures here-
after erected in such manner as the public safety and conven-
lences may require; to remove or require to be removed or re-
constructed 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; or to correct such condition of dilapi-
dation or defect of structure at the expense of the owner thereof
and to collect said expense by suit or motion; 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 secur-
ing the safety of persons from fires in halls and buildings used
for public assemblies, entertainments or amusements.

(22) To direct the location of all buildings for storing ex-
plosives or combustible substances; to regulate the sale and use
of gunpowder, nitro-glycerine, fireworks, kerosene oil or other
like materials; to regulate the exhibition of fireworks, the dis-
charge of firearms, and the making of bonfires in the streets
and yards. |

(23) To authorize and regulate the erection of party walls
and fences, and to prescribe how the cost thereof shall be
borne by coterminous owners.

(24) To provide by ordinance for regular and safe con-
struction 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 building may be constructed, to require
the standard of all dwelling houses be maintained in residential
sections in keeping with the majority of residences therein, and
to require the standard of all business houses be maintained in
business sections in keeping with the majority of the business
houses therein.

(25) To provide by ordinance for a system of meat and
milk inspection, and regulate the sale, of meat and milk, and ap-
point meat and milk inspectors, agents or officers to carry the
same into effect within or without the corporate limits of 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 reasonble penalties for the violation of such
ordinances.

(26) 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 danger-
ous 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 contag-
ious or infectious diseases, and prevent and suppress disease
generally ; and if necessary to the suppression of diseases, to en-
force the removal of persons afflicted with contagious or infect-
ious diseases to hospitals provided for them; to construct and
maintenance of a hospital or hospitals for 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 per-
formance 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 quar-
antine ground within or without the town, and establish such
quarantine 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 physicians, midwives or parents to make reports
thereto.

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

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

(29) To prevent fowls and animals being kept in or run-
ning 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.

(30) 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 dangerous or annoying to passersby, and
to prohibit and punish the abuse of animals.

(31) In so far as not prohibited by general law, to con-
trol, 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 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 prescribe such regulations respecting motor
traffic therein as may be necessary for the general welfare.

(32) 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 organiza-
tions 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 facili-
ties or otherwise, either with or without charge, beyond the city
limits, unless two-thirds of all members elected to the council
vote therefor.

(33) 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.

(34) If any ground in said town shall be subject to be cov-
ered with stagnant water, or if the owner or owners, occupier or
occupiers thereof shall permit any offensive, unsightly or un-
wholesome substance or material to remain or accumulate
thereon, the town may cause such grounds to be filled, raised,
or drained, or cause such substance to be covered or to be re-
moved 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 newspaper having general
circulation in the town.

(35) To establish, organize and administer public libraries,
and public schools, subject to the general laws establishing a
standard of education for the State; and provide for a census.

(36) 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 corpora-
tion in the improvement and care of burial places and the ap-
proaches thereto; and to provide for perpetual upkeep and care
of any plot or burial lot therein, the town is authorized to take
and receive sums of money by gift, bequest, or otherwise to be
kept invested, and the income thereof used in and about the per-
petual upkeep and care of the said lot or plot, for which the said
donation, gift, or bequest shall have been made.

(37) 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.

(38) To exercise full police powers and establish a depart-
ment or division of police.

(39) To refrain and punish drunkards, vagrants and street
beggars, to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of illfame and gambling houses;
to prevent and punish lewd, indecent and disorderly exhibitions
in said town; and to expel therefrom persons guilty of such con-
duct who have not resided therein as much as one year.

(40) To make and enforce ordinances, subject to the gen-
eral laws of this State, to regulate, control, license and/or tax
the manufacture, bottling, sale, distribution, transportation,
handling, advertising, possession, dispensing, drinking and the
use of alcohol, brandy, rum, whiskey, gin, wine, lager beer ale,
porter, stout, and all liquids, beverages and articles containing
alcohol by distillation, fermentation or otherwise.

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

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

(43) Where, by provisions of this act, the town has author-
ity to pass ordinances on any subject, to 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
to 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 not exceeding ninety days, which penalties
may be prosecuted and recovered with costs in the name of the
‘llown of Parksley, or to compel such offender 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 convicted 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.

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

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

(46) To enjoin and restrain the violation of any town ordi-
nances, although a penalty is provided upon conviction of such
violation.

(47) In so far as not prohibited by general law, 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 pro-
tection 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 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 necessarily
incident to a muncipal corporation.

(48) 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 industries of the town, or its inhabitants.

(49) To prescribe any penalty for the violation of any town
ordinance, rule or regulation or of any provisions of this charter,
not exceeding five hundred dollars or twelve months’ imprison-
ment in jail, or both.

(50) 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 ap-
proved 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.

(51) 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 corporate 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.

(52) To exercise the power of eminent domain within this
State with respect to lands and improvements thereon, for any
lawful purpose of the said town.

(53) In 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 adjudica-
tion of a court of competent jurisdiction in a proceeding insti-
tuted by either the town or the property owner for that pur-
pose before the said town shall take any steps to remove the
said obstruction or encroachment, or to impose any penalty
therefor. No encroachment upon any street, however long con-
tinued, shall constitute any adverse possession to or confer any
rights upon the persons claiming thereunder as against the said
town.

(54) 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 terri-
tory within the corporate limits of said town, by a plan or plat
of record, shal] be deemed and held to be dedicated to public use,
unless it appears by said record that the street or alley so re-
served is designated for private use. The town shall have the
right to elect, by resolution entered on its minutes that it will
not accept the dedication of any street or alley.

(55) No action 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, 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 cause
of action shall have accrued, and no officers, agents or em-
ployees of the town shall have authority to waive such conditions
precedent or any of them.

(56) Except when prohibited by general law, the town may
levy a tax or a license on any person, firm or corporation pur-
suing or conducting any trade, business, profession, occupation,
employment or calling whatsoever within the boundaries of the
town, whether resident or nonresident and 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.

(57) A lien shall exist on all real estate within the cor-
porate limits for taxes, levies and assessments in favor of the
town, together with all penalties and interest due thereon,
assessed thereon from the commencement 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 re-
demption 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 provisions 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.

(58) All goods and chattels wheresoever found may be dis-
trained 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.

(59) Ordinances making the annual tax levy, appropriation
ordinances, ordinances and resolutions pertaining to local im-
provements and assessments, ordinances and resolutions provid-
ing 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
ordinances, but in event no effective date shall be set forth in
any such ordinance, resolution or by-law passed by the council,
the same shall become effective thirty days from the date of its
passage.

(60) Upon the death, resignation, removal or expiration
of the term of any officer of the town, the council shall order
an audit and investigation to be made of the accounts of such
officer and report to be made to the council as soon as practicable.
The town council may order an annual audit at the end of each
fiscal year of the accounts of each officer of the town and may at
any time provide for an examination or audit of the accounts of
any officer or department of the town government.

(61) The council may appoint a trial justice for the said
town who shall serve for two years from the date of his appoint-
ment and until his successor is appointed by the council and
qualifies. The mayor, or any other qualified voter of the Town of
Parksley 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 ad-
dition to the execution of the duties of mayor imposed upon
him by this charter; and his powers, duties, authority and juris-
diction 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, au-
thority and jurisdiction and charged with all the duties within
and for the Town of Parksley, and in criminal matters for one
mile beyond the corporate limits thereof, which are, or may here-
after be, conferred upon trial justices by the laws of the State
of Virginia, so far as the same may be applicable and not in con-
flict with the provisions of this charter; and any amendments 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 appli-
cable hereto.

Fees and costs shall be assessed by the trial justice and shal]
be collected as provided by the laws of the State of Virginia re-
lating 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 Accomack
Vounty in the same manner, and upon the same terms and shall
be tried in the same way as removals, or appeals from the deci-
sions 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 may provide a salary to compen-
sate such trial justice in his capacity as such 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 judgement 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 the principal had the principal
acted, and which compensation shall be deducted from the salary
or allowance made to the principal.

Nothing contained herein shall prevent the Town of Parks-
ley from combining with the County of Accomack for the use
of one trial justice and one substitute trial justice for such com-
bined 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 Parksley 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 appli-
cable, 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 Parksley from such combination by a vote of the council and
appointing a trial justice and a substitute trial justice for the
Town of Parksley under the provisions of this charter, notwith-
standing anything 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 subsection
sixty-two 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 extent permitted by general law.

(62) The town shall have the power to extend or contract
the corporate limits of the town as provided by the Constitutior
and general laws of Virginia in force at the time.
(63) The Town of Parksley 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 im-
posed, 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.

(64) The council hereinafter created shall have full power
and authority, except as herein otherwise specifically provided,
to exercise herein all the powers conferred upon the town, and
pass all laws and ordinances relating to its municipal affairs,
subject fo 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.

(65) 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 en-
joyed, by any towns under the Constitution and laws of the
State of Virginia, or not denied by the same, as fully and
completely as if herein set out at length.

CHAPTER III

§ 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 of 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, to-
gether with a plat, shall be filed immediately with the clerk of
every county affected by such town plan and amendment. If a
town plan or plat has heretofore been adopted and placed on
record the same shall continue in force until altered, amended
or repealed.

§ 2. The council is hereby authorized to appoint a town
planning commission, fix the number and terms of members, re-
move 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 provisions of this act.

§ 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 park or by
laying out new streets and highways and establishing new parks.

§ 4. The council shall not approve any plat unless the
streets and highways provided in such plats are of sufficient
width, of proper grades, and suitably located to meet the proba-
ble traffic needs; to afford adequate light, air, and access of fire
apparatus to such buildings as may be erected along the pro-
posed 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 ap-
proved, shall provide adequate open spaces for parks, play-
grounds, or other recreational uses; but the inclusion of such
open spaces upon a plat does not require their dedication to pub-
lic 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.

§ 5. (a) Before approving such plat, and thereby accept-
ing 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 plan of the town.

(b) And, before approving such plat, and thereby accept-
ing the dedication of the streets and alleys thereon, the council
May require the owner thereof to execute and deliver to the
Town of Parksley 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 Parksley 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 Parksley from building any retaining
wall or walls along the streets and alleys and property lines; anc
the council may require such release and waiver to be writter
and executed on said plat and recorded therewith or by an in.
strument of writing to be executed and recorded in the clerk’:
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 lines are laid on such profiles, the profiles shall be ap-
proved by the council and recorded by the owner or at his ex-
pense in the record of 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.

CHAPTER IV

__ § 1. For the purpose stated in Article 1 of Chapter 24 of
Title 15 of the Code of 1950, the town council is hereby empow-
ered 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 com-
mission its recommendations as to a zoning ordinance and map,
and shall have held a public hearing thereon.

(b) Any zoning ordinance, regulations, restrictions, and
boundaries of districts may be changed from 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 there-
from, 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 the mem-
bers 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 re-
ceived 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 or-
dinance 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 chairman, 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 such sums as are appropriated by the
council for its work.

The board of zoning appeals shall hear all appeals from per-
sons contesting the application of such zoning ordinance to them.
The board shall conduct hearings under such rules of procedure
as will ensure the production of competent evidence. The action
of the board shall be reduced to writing and any person ag-
grieved thereby shall have an appeal of right to the circuit court
of the county of Accomack.

CHAPTER V
ADMINISTRATION AND GOVERNMENT

§ 1. (a) The present mayor and council of the Town of
Parksley shall continue in office until the expiration of the terms
of which they were respectively elected.

(b) The administration and government of the Town of
Parksley shall be vested in one body to be called the council of
the Town of Parksley 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 members of the council and the mayor may be paid a
salary which shall not exceed as to any member of the council
or the mayor the sum of one hundred twenty dollars a year. The
council may create, appoint, or elect such departments, bodies,
boards, and other officers, or assessors or attorneys, as are here-
inafter provided for, or aS are permitted, or required by law
tc 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

§ 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, upon the Town
of Parksley, 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.

The mayor shall have no power to suspend, remove or dis-
charge 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 coun-
cil, 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
ordinance, 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 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 notwithstand-
ing the objection of the mayor. In all such cases the votes of
members of the council upon such reconsideration shall be deter-
mined 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 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.

(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 fifty; and
at its first meeting in September, nineteen hundred fifty, 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 resig-
nation of the mayor, the council shall choose one of the council-
men or some other qualified voter of the Town of Parksley who
shall serve as mayor until the next succeeding municipal elec-
tion, at which time a successor shall be elected by the qualified
voters of the Town of Parksley 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 there-
upon be vacant. The vacancy 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 obligations of councilman even when performing the duties
of mayor during the absence or disability of the mayor of the

wn.

THE COUNCIL

§ 3. (a) At the regular municipal election to be held in
the town on the second Tuesday in June in the year nineteen
hundred fifty, 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 ex-
piration 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 oc-
curs for the unexpired term by a majority vote of the remaining
members, except where otherwise inconsistent with the provi-
sions of this charter.

(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 and all meetings shall be open to the public, except
when the public welfare shall require executive sessions.

If any member of the said council shall be voluntarily ab-
sent 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 pro-
visions of this act.
LOWN ULERK

§ 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 requjring the
seal, and shall attest the same; he shall keep all papers, codes,
documents, and records pertaining 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 communica-
tions or petitions; he shall give to the proper department or offi-
cials ample notice of the expiration or termination of any fran-
chise, 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 pass-
age transmit to the proper departments 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

§ 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
Parksley, 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 a 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 treas-
urer 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 ac-
curately 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 indirectly
the town’s money, checks or warrants in his custody and keep-
ing for his own use and benefit, or that of any person or persons
whomsoever, and any violation of this provision shall subject
him to immediate 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 de-
livered up as the council may at any time require.

(e) The town treasurer shall, when required by the coun-
cil, 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 times as directed by the council, a full and de-
tailed 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
Parksley shall be credited by the treasurer on his books to the
Town of Parksley 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.

(i) All moneys received on all special assessments shall be
held by the treasurer as a special] fund, to be applied to the pay-
ment 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
compensation, if any, as the council may deem proper.
§ 6. There shall be appointed by the council a town ser-
geant who shall qualify and give bond in such amount as the
council may require. He shall be vested with powers of a con-
servator of the peace, and shall have the same powers and dis-
charge the same duties as a constable within the corporate limits
of the town and to a distance of one mile beyond the same, and
shall perform such other duties as may be from time to time
prescribed by the council.

TOWN OFFICERS—GENERAL

§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 offi-
cers 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 com-
pensation 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 successor 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 be guilty of a mis-
demeanor, punishable by a fine of not more than two hundred
and fifty dollars, or by imprisonment for not more than six
months, either or both, 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 responsible 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 Parksley and the officers thereof, elected
or appointed in accordance with the provisions of this act, shall
be clothed with all the powers, and be subject to all the pro-
visions 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 juris-
diction, power and authority in criminal and police matters for
one mile from the corporate 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 enter-
ing 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 selected or appointed under the provisions
of this charter shall take the oath of office required by general
laws before entering 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 ap-
pointment 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 affi-
davits in the discharge of their respective official duties.

Section 2. The council, mayor, and any officer, board or
commission authorized by the council, shall have power to make
investigations as to town affairs and for that purpose to sub-
poena 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 explana-
tion of such failure or refusal, may be fined by the mayor not
exceeding one hundred dollars or imprisoned not exceeding
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 prosecution for perjury.

§ 3. The plan of government provided by this charter may
be changed to any other plan provided for the government of in-
corporated towns in the manner provided by general law there-
for; and if and when the Town of Parksley 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 government may be changed to
any other plan provided for the government of cities of the sec-
ond class at any time in the manner provided by general law.

§ 4, All contracts and obligations heretofore or hereafter
made by the council of the Town of Parksley, 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.

§ 5. All ordinances now in force in the Town of Parksley,
not inconsistent with this charter shall be and remain in force
until altered, amended or repealed by the council of the said

wn.

§ 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 one time.
But this provision 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, re-
gardless of the term of such elective officer, at which time the
person or persons, as the case may be, receiving the highest num-
ber of votes at the regular municipal election shall fill the full
unexpired terms of such elective officer. In the event there are
no or not sufficient candidates at any regular municipal election
to fill the offices of council or mayor, the council is hereby em-
powered to fill such vacancies.

§ 7. If any clause, sentence, paragraph, or part of this act,
shall for any reason be adjudged by any court of competent ju-
risdiction to be invalid, said judgment shall not affect, 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 controversy in which said judgment shall
have been rendered.

§ 8. This act may for all purposes be referred to or cited
as the Parksley Charter of nineteen hundred fifty.

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 Parksley,
Virginia, including Chapter 362 of the Acts of Assembly of 1916,
approved March 20, 1916, and all amendments thereto, are here-
by repealed.

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