CHAPTER 538

AN ACT to provide a new charter for the town of Purcellville, in
the County of Loudoun, and to repeal chapter 391 of the Acts
of Assembly of 1908, entitled “An Act to incorporate the town
of Purcellville, in the County of Loudoun”, approved March 14,
1908, and acts amendatory thereto.

[H 700]

Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:
1. § 1. The town of Purcellville, in Virginia, in the county of
Loudoun, shall continue to be a town corporate, in the name and
style of the town of Purcellville, in Virginia, and as such shall have
and may exercise the powers and privileges hereinafter set forth,
and all powers and privileges conferred upon it by this charter and
which are now, or may be hereafter delegated to towns in accord-
ance with the constitution or laws of the Commonwealth of Virginia.

§ 2. The corporate limits or boundaries of the town of Purcell-
ville, in the county of Loudoun, shali be as follows:

Beginning at a maple tree near the Hillsboro road and near
the entrance to the J. F. Hampton farm; thence across the J. V.
Nichols’ land to the 8. E. corner of the culvert in the road between
the Nichols’ land and the W. S. Birdsall land; thence across the
Birdsall land to a point on the north limit of the Southern Railroad
right-of-way 75’ N. E. from the east abutment of the railroad bridge
near the said Birdsall house; thence across the Southern Railroad
right-of-way and the Lanie Gregg land and Mrs. A. O. Love’s land
to a point 250 north of the center of the turnpike and in line with
a line 250’ east of and parallel to the center of a road along Love’s
west line; thence across Love’s land with the line 250’ east of and
parallel to the center of the road to Love’s fence near the J. L.
Case line; thence with the Love fence to the stone corner at the end
of the road; thence with the R. H. Zeveley line to the stone corner
with the J. S. Brady land and the W. G. Birdsall land; thence across
the Birdsall land to the corner of the Charles Nichols property,
and the Ridley Parker Johnson estate in the Birdsall line; thence
with the said Nichols to the corner of the J. D. Dillon and Annie
Dillon land in the line; thence with J. D. Dillon and Annie Dillon
line and across the Hampton property to the beginning.

Provided, that the aforementioned boundaries shall not operate
to exclude any area annexed since the establishment of the town
and any such area shall be deemed to be within the corporate limits
notwithstanding the above detailed description of the boundaries
of the town.

§ 3. The town of Purcellville, in Virginia, shall have the
following powers and privileges, to the extent that they, or any of
them may not be prohibited by the Constitution or the general laws
of the Commonwealth of Virginia.

(a) To provide for the fiscal year, which shall begin on the
first day of July and end on the thirtieth day of June, unless and
until changed by ordinance.

(b) To raise annually, by taxes and assessments in the town,
such sums of money in such manner as the council thereof shall
deem necessary or expedient for the use, benefit and purposes of the
town, in accordance with the Constitution of the United. States,
the Constitution of Virginia or the laws of the Commonwealth of
Virginia.

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

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

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

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

(zg) To acquire by purchase, gift, devise, condemnation or
otherwise, property, real or personal, or any estate therein, within
or without the town, for the use and benefit thereof; and to hold,
improve, sell, lease, mortgage the same or any part thereof, includ-
ing any property now owned by the town.

(h) To construct, maintain, regulate or operate public improve-
ments of all kinds, including municipal and other buildings,
grounds and structures necessary or appropriate for the use and
proper operation of all the various departments of the town.

(i) To own, operate and maintain water works and to acquire
in any lawful manner, in any county of the State or from the
United States government such water, lands, property rights and
riparian rights as the council of the town may deem necessary for
the purpose of providing an adequate water supply to the town
and of piping or conducting the same; to lay all necessary mains
and service lines within or without the corporate limits of the
town; to erect and maintain all necessary dams, pumping stations
and other works in connection therewith; to make reasonable rules
and regulations for promoting the purity of its water supply, and
for protecting the same from pollution and for this purpose to
exercise police powers and sanitary patrol, as permitted by general
law, over all lands comprised within the limits of the watershed
tributary to any water supply, wherever such lands may be located
in this State; to impose and enforce adequate penalties for the
violation of any such rules and regulations and to prevent by in-
junction any pollution or threatened pollution of such water sup-
ply, and any and all acts likely to impair the purity thereof; and
to carry out the powers herein granted, the town may exercise
within the State all powers of eminent domain provided by the
laws of this State.

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

(k) To establish, impose, and enforce the collection of water,
light, gas and sewerage rates, and rates and charges for other
services, products, or conveniences operated or furnished by the
town; and the council may prescribe a different rate to be paid for
such services and conveniences rendered to users or customers
without the corporate limits from the charges made to those within
the corporate limits of the town.

(1) To establish, enter, open, widen, extend, grade, improve,
construct, maintain, light, sprinkle or clean public streets, high-
ways, alleys, parkways or parks or to alter or close the same; to
regulate the weight of loads to be hauled or carried over and upon
the streets; to regulate the use of all such highways, parks, streets,
alleys, parkways and public grounds; to prevent the obstruction,
destruction or injury to any of such streets, alleys or highways;
to require any railroad company operating a railroad at the place
where any highway or street is crossed within the town limits to
erect and maintain at such crossing any style of gate deeemed
proper, and keep a man in charge thereof, or keep a flagman at
such crossing during such hours as the council may require in
accordance with the general] law of the State and to regulate the
length of time such crossing may be closed due to any operation
of the railroad; to regulate the operation and speed of all cars,
motorcycles, bicycles, or vehicles upon the streets or highways as
well as the speed of all engines, cars, or railroad trains within the
town; to permit or prohibit poles or wires for electric, telephone
or telegraph purposes to be erected or gas lines to be laid in the
streets or alleys, and to prescribe and collect an annual charge
for such privileges hereafter granted ; to require the owner or lessee
of any electric light, telephone or telegraph pole or poles or wires
now in use or hereafter erected to change the location or remove
the same.

(m) To acquire by gift, purchase, or by the exercise of the
power of eminent domain within this State, in accordance with
general law, land or any interest or estate in land, rock quarries,
gravel pits, sand pits, water or water rights, and the necessary
roadways thereto, either within or without the town, or acquire
and install machinery and equipment and build the necessary
roads or tramways thereto, and operate the same for the purpose
of producing materials required for any and all purposes of the
town.

(n) To establish, construct, maintain sanitary sewers, sewer
lines, or cisterns and to require the abutting property owners to
connect therewith, and to establish, construct, maintain and operate
sewerage disposal plants, and to acquire by condemnation, in ac-
cordance with general law, or otherwise, within or without the
town, all lands, rights of way and other rights and easements
necessary for the purposes aforesaid, and to assess, charge and
collect reasonable fees, licenses, taxes, assessments or costs of
service for connecting with and using the same.

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

(p) To collect and dispose of sewerage, offal, ashes, garbage,
carcasses of dead animals and other refuse, and to make reason-
able charges therefor; to acquire and operate reduction or other
plants for the utilization or destruction of any or all of these
materials, to contract, regulate and collect for the disposal thereof,
and to require or regulate the disposal thereof.

(q) To compel the abatement of nuisances within the town, or
upon property owned by the town beyond its limits at the expense
of the person, persons, corporations or firms causing the same,
or of the owner or occupant of the grounds or premises whereon the
same may be, and to collect said expense by suit or motion, or by
distress and sale; to require all lands, lots or other premises within
the town to be kept clean, sanitary or free from stagnant water,
weeds, filth or unsightly deposits or to make them so at the expense
of the owners or occupants thereof, and to collect the expense by
suit or motion or by distress and sale; to regulate or prevent
slaughter houses or other noisome or offensive business within the
town, the keeping of hogs, or other animals, poultry or other fowl
therein, or the exercise of any dangerous or unwholesome business,
trade or employment thereon; to regulate the transportation of all
articles through the streets of the town; to compel the abatement
of smoke and dust, and prevent unnecessary noise, to regulate
the location of stables and the manner in which they shall be con-
structed or kept; to regulate the location, construction, operation
or maintenance of billboards; to provide how, when and under
what conditions awnings may project over the streets and side-
walks from buildings, and the manner in which sidewalks may be
used for advertising or display signs or merchandise; to generally
define, prohibit, abate, suppress, and prevent all things detrimental
to the health, morals, aesthetics, safety, convenience, or welfare
of the inhabitants of the town; and to require all owners or occu-
pants of property having sidewalks in front thereof to keep the same
clean and sanitary or free from all weeds, filth, unsightly deposits,
ice or snow.

(r) The council may, in its discretion, appoint a board of
health for the town and invest it with authority for the prompt
and efficient performance of its duties.

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

(t) To prevent or extinguish fires, and to establish, regulate
and control a fire department or division; to regulate the size,
heights, materials and construction of buildings, fences, walls,
retaining walls or other structures hereafter erected, in such
manner as the public safety or convenience may require; to remove
or require to be removed or reconstructed any building, structure
or addition thereto, which by reason of dilapidation, defect or
structure, or other causes may have become dangerous to life or
property, or which may be erected contrary to law; to establish
or designate from time to time fire limits, within which limits
wooden buildings shall not be constructed, removed to, added to,
2nlarged, or repaired, and to direct that any and all future build-
ings within such limits shall be constructed of stone, natural or
artificial, concrete, brick, iron or other fireproof material; and
nay enact stringent and efficient laws for securing the safety of
9ersons from fires in halls and buildings used for public assemblies,
ntertainment or amusement.

(u) To charge and collect fees for permits to use public
acilities or for public service or privileges, the town shall have
he power and rights to charge a different rate for any service
endered or convenience furnished to citizens without the corporate
limits from the rates charged for similar service to citizens within
the corporate limits.

(v) To prevent any person having no visible means of support,
paupers or person who may be dangerous to the peace, health or
safety of the town from coming to said town from without the
same; and also to expel therefrom any such person who has been
in said town less than one year.

(w) To provide, permit or prohibit the establishment of places
for interment of the dead in or near the town and regulate the
same and also those heretofore established and to provide in or
near the town lands to be used or burial places for the dead, pro-
viding land for the same to be secured; otherwise to provide same
as near as may be to the town; to improve and care for the same and
the approaches thereto, and to charge for and regulate the use
of ground therein; and to 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 invested and the income therefrom used in and about the
perpetual upkeep and care of the said lot or plot for which the
said donation, gift or bequest shall have been made.

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

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

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

(aa) To require every owner of a motor vehicle to annually
register such motor vehicle and obtain a license to operate the
same by making application to the treasurer of the town and to
require the owner thereof to pay an annual license fee therefor,
to be fixed by the council, but the license fee shall not exceed the
amount charged by the State on said machine.

(bb) To make and enforce ordinances appertaining to ardent
spirits, provided, however, that no such ordinances shall be in
conflict with any of the provisions of the Alcoholic Beverage Control
Act or of the general laws of the Commonwealth with respect to
alcoholic beverages.

(cc) To do all things whatsoever necessary, expedient, or
lawful for promoting or maintaining the general welfare, comfort,
education, morals, peace, government, health, trade, commerce, or
industries of the town or its inhabitants.
(dd) To prescribe any penalty for the violation of any town
ordinance, rule or regulation, or of any provisions of this charter,
not exceeding five hundred dollars, or one year imprisonment in
jail or both.

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

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

(gg) To pass and enforce all by-laws, regulations and ordinances
which the town council may deem necessary for the government
of the town, management of its property, the conduct of its affairs,
the peace, order, comfort, convenience, morals, health, and pro-
tection of its citizens or their property or do such other things,
adopt any ordinance that may be necessary or proper to carry
into full effect all power, authority, capacity or jurisdiction, which
is or shall be granted to or vested in the town, or in the council
or officers thereof or which may be incident to a municipal corpo-
ration.

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

§ 4. (a) Licenses may be imposed by ordinance and collected
from business, trades, professions or callings, and upon the persons,
firms, associations or corporations engaged therein or offering
to do business within the boundaries of the town, whose principal
office 1s or is not located in said town, except when prohibited by
general law, whether or not a license may be required therefor by
the State, and it may exceed the State license if any be required.

(b) Licenses may also be imposed upon and 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.

(c) It is the purpose of this section to give the council of this
town the power to assess, issue a license or permit on any or all
subjects within its jurisdiction not withheld from taxation by
towns in accordance with the Constitution and general laws of
the Commonwealth of Virginia.

§ 5. For every license issued or transferred under this charter,
there may be preseribed by ordinance a charge or fee, not in excess
of seventy-five cents for issuing or fifty cents for transferring the
Same, such charges or fees shall be collected and paid into the town
treasury.

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

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

§ 8. The officers of the town, in addition to the mayor and
councilmen, shall be a recorder, a ‘treasurer and auditor.

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

§ 10. The treasurer and auditor and police officers shall be ap-
pointed by the council to serve at the will of the council.

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

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

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

§ 14. The council shall, by ordinance, adopt such rules as it
may deem proper for the regulation of its proceedings and the time
of its meetings.

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

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

§ 17. All meetings of the council shall be public unless the
council by a recorded affirmative vote of two-thirds of its members
shall declare that the public welfare demands an executive session
of the council. Any citizen may have access to the minutes.
§ 18. The council, in its discretion, and by proper ordinance.
may require the sergeant or any other officer of the town, instead
of the treasurer, to collect the taxes and other revenues of the town
and pay the same over to the treasurer.

§ 19. The council, by ordinance, may create the office of police
justice for the town and such police justice may, in so far as it is
not in conflict with the general laws of the State, relating to trial
justices, be granted jurisdiction and powers similar to the juris-
diction and powers of police justice in cities of this State. The
term of office of such police justice shall not be for a term beyond
that of the council by which he may be appointed.

§ 20. The council, by ordinance, may employ and empower
the trial justice of Loudoun County with the same power and au-
thority as is by this charter conferred upon the mayor for the trial
of criminal cases.

§ 21. In addition to the taxes, assessments and levies herein-
before provided, the council of the town may annually levy a corpo-
ration tax of one dollar per head on every citizen of the town, not
exempt from taxation by State or National law, which shall be
collected in the same manner as other taxes.

§ 21. Requisites for voting in town elections shall be residence
in the State for one year and in the town of Purcellville three con-
secutive months prior to such election.

§ 23. The council, by ordinance, may provide for the employ-
ment of special police.

§ 24. The mayor shall be the chief executive officer of the
town and shall have the jurisdiction and authority of a justice of
the peace and shall have exclusive original jurisdiction for the
trial of offenses arising under the ordinances of the town. He shall
preside at all meetings of the council. In the absence of the niayor,
the recorder shall act in his place and stead, but if both mayor
and recorder shall be absent, the council may, by a majority vote,
select one of its members to act as mayor pro tem. The mayor shall
perform such other duties consistent with his office as may be im-
posed by the council; he shall have and exercise all powers and
authority conferred by general law on mayors of towns not incon-
sistent with this’charter; he shall be the official head of the town.
In times of public danger, or emergencies, he may take command
of the police and maintain order and enforce the laws, and for this
purpose, may deputize such assistant policemen as may be neces-
sary. The mayor or person acting as mayor, shall authenticate by
his signature, such documents or instruments as the council, this
charter, or the laws of the State, shall require.

§ 25. The mayor, councilmen, recorder, treasurer, auditor and
sergeant serving at the time of the passage of this act, shall con-
tinue in office until the term for which they were elected or ap-
pointed shall expire. An election for mayor, councilmen, and
recorder shall be held on the second Tuesday in June, 1951, and
every two years thereafter. The mayor, members of the council,
and recorder shall enter upon their duties the first day of Septem-
ber next succeeding their election. Before entering upon his duty,
each and every person elected to office shall take the official oath
required by law.

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

§ 27. The recorder shall be the clerk of the council; shall at-
tend all meetings thereof and ‘shall keep a record of its proceed-
ings. He shall keep all papers, documents and records pertaining
to the town, the custody of which is not otherwise provided. He
shall be custodian of the town seal and shall affix it to all docv-
ments and instruments requiring the seal and shall attest the same
and shall perform such other duties as are required by this charter,
general law, or by the council.

§ 28. The town sergeant shall have the same powers and dis-
charge the same duties as a constable within the corporate limits
of the town; he shall perform such duties as may be required of
town sergeants by the general law or such other duties not incon-
sistent therewith or may be required of him by ordinance or resolu-
tion of the council.

§ 29. The treasurer shall receive all money belonging to and
received by the town and keep a correct account of all receipts
from all sources, and expenditures of all departments. He shall
collect all taxes, levies, license taxes, assessments, fees, water rents
and other charges belonging to and payable to the town and for
that purpose, he is hereby vested with any and all powers which
are now or may be hereafter vested in county and State treasurers,
for the collection of county, town and State taxes under the gen-
eral law. He shall keep and disburse all moneys or funds in such
Manner and in such places as may be determined by ordinance or
the provisions of law applicable thereto. He shall pay no money
out of the treasury except in the manner prescribed by ordinance
or general law; he shall perform such duties as are usually incident
to the office of commissioner of revenue in relation to the assess-
ment of property and the license taxes and shall have power to ad-
minister oaths in the performance of his official duties; and shall
make such reports and perform such other duties not inconsistent
with the office as may be required by the mayor or by ordinance
or resolution of the council. The treasurer shall not be entitled
to any commission for handling the funds of the town, but shall be
paid such salary as may be provided by the council, and before
entering upon the duties of his office, shall execute a bond in such
amount and with such surety as the council by ordinance may
prescribe.

§ 30. The council may provide that the premium on any surety
bond shall be paid by the town.
§ 31. The council may require the attendance of its officers,
agents or employees at its meetings and may further require re-
ports to be submitted.

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

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

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

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

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

§ 37. The enumeration of particular powers and authority in
this charter shall not be deemed nor held to be exclusive but in
addition to the powers herein enumerated, implied hereby or appro-
priate to the exercise thereof. The town shall have and may exer-
cise all other powers which are now or may be hereafter conferred
upon or enjoyed by towns under the Constitution and general laws
of this State.

§ 38. Subject to the provisions of the Constitution and the

general laws of this State, and the terms of this charter to grant
franchises, the town of Purcellville shall have the right and power
to grant franchises to public utilities, persons, firms and corpora-
tions. -
§ 39. If any clause, sentence, paragraph or part of this act
shall, for any reason, be adjudged by any court of competent
jurisdiction to be invalid, such judgment, order or decree shall not
affect, impair or invalidate the remainder of said act, but shall be
confined in its operation to the clause, sentence, paragraph or part
thereof directly involved in the controversy in which said judg-
ment, order or decree shall have been rendered.
2. Chapter 391 of the Acts of Assembly of 1908, entitled “an Act
to incorporate the town of Purcellville, in the county of Loudoun”,
approved March 14, 1908, and acts amendatory thereto are repealed.
3. An emergency exists, and this act is in force from passage.