CHAPTER 556

An Act to provide a new charter for the town of Ashland; and repealing
all former charters and all acts and parts of acts in conflict with
the new charter.

[H 135]

Approved April 3, 1952
Be it enacted by the General Assembly of Virginia:

1. ARTICLE I—INCORPORATION

1.1 Incorporation. The inhabitants of the territory embraced within
the present limits of the town of Ashland, as hereinafter defined, or as
the same hereafter may be altered or established by law, shall constitute
and continue a body politic and corporate, to be known and designated as
the town of Ashland, and as such shall have perpetual succession, may
sue and be sued, contract and be contracted with, and may have a corporate
seal which it may alter, renew, or amend at its pleasure.

1.2 Form of Government. The municipal government provided by
this charter shall be known as the “town manager plan’. Pursuant to its
provisions and subject only to the limitations imposed by the constitution
and by this charter, all powers of the town shall be vested in an elective
council, hereinafter referred to as “the council’, which shall enact local
legislation, adopt budgets, determine policies, and appoint the town man-
ager, who shall execute the laws and administer the government of the

wn.

1.8 Boundaries. The boundaries of the town shall be as established
by the General Assembly (Acts of Assembly, 1893-94) and by order of
the Circuit Court of Hanover County, Virginia, entered at the May, 1932
term (Chancery Order Book No. 20, page 8) and described as follows:

The territory contained within the following boundaries, in Hanover
County, shall constitute the town of Ashland, to-wit: Beginning at a point
on the west line the Richmond, Fredericksburg and Potomac railroad at
the south side of an alley dividing the lands of A. R. Holderby (C. C.
Bowe) from the lands of the Ashland Land and Improvement Company
(“North Ashland’’), and thence running westwardly along the south side
of said alley to west line of Taylor road, and thence along the west line
of Taylor road and James street to Border street, and thence along Border
street to Stony run and corporation line; thence along corporation line
and Stony run and down the same to the county road near Lankford’s
crossing; thence along the said road north side, to its intersection with
the Richmond, Fredericksburg and Potomac railroad at Lankford’s cross-
ing; thence along west side of said railroad northwardly to a point op-
posite the southwest corner of Mistress F. S. Williams’ lot (Anna A.
Chisholm), and around said lot to present corporation line; thence north-
eastwardly along the present corporation line to the southwestern corner
of the Oakland tract; thence along the southern line of said tract to a
point twenty-five feet (25’) west from the center line of the original
eighteen foot concrete roadway on the public highway known as Route
No. 1, and commonly called the Richmond-Washington highway, and
running thence northwardly along a line twenty-five feet (25’) west of
the parallel with the center line of the said concrete roadway about
68-100 of a mile to the line of C. W. Coleman’s (College Park) ; thence
along the north line of a road called Caroline street, along said Coleman’s
line (College Park) and the lines of others to the lot of Mistress Caroline
A. Scott (Randolph Macon College’s property) ; thence north around and
along said Caroline A. Scott’s line (original Caroline A. Scott’s property)
wardly to the western side of the Richmond, Fredericksburg and Potomac
to Henry street, and thence along Henry street, east side, as extended, to
a point opposite the northeastern corner of J. W. Blincoe’s lot (formerly
Stewart Sickler’s lot); thence along the line of said Blincoe’s lot west-
railroad at the beginning.

ARTICLE II—POWERS

2.1 General Grant of Powers. The town of Ashland shall have and
may exercise all powers which are now or may hereafter be conferred
upon or delegated to towns under the Constitution and the laws of the
Commonwealth and all other powers pertinent to the conduct of a town
government the exercise of which is not in conflict with the said Constitu-
tion and laws of the Commonwealth of Virginia and which, in the opinion
of the council are necessary or desirable to promote the general welfare of
the town and the safety, health, peace, good order, comfort, convenience,
and morals of its inhabitants, as fully and completely as though such
powers were specifically enumerated in this charter, and no enumeration
of particular powers in this charter shall be held to be exclusive but shall be
held to be in addition to this general grant of powers.

2.2 Financial Powers. In addition to the powers granted by other
sections of this charter the town is empowered:

2.201. To raise annually by levy of taxes and assessments in the
town on all 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 shall deem necessary for the purposes of the town, in the
manner as the council shall deem expedient in accordance with the Con-
stitution of this State and of the United States.

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

2.203. To require the owner of every motor vehicle kept or habitual-
ly used in the town, on a date to be designated by the council, to annually
register such motor vehicle and to obtain a license to operate the same by
making application to the town treasurer, or such other person as may
be designated by the council to issue said license, and to require the ve-
hicle owner to pay an annual license fee therefor to be fixed by the
council provided that the license shall not exceed the amount charged by
the State on the said vehicle.
2.204. To establish, levy, and collect, except when prohibited by gen-
eral law, a tax or a license on any person, firm, or corporation pursuing
or conducting any trade, business, profession, occupation, employment or
calling whatsoever within the boundaries of the town, whether a license
may be required therefor by the State or not, and may exceed the State
tala: if any be required and may provide penalties for nonpayment
thereof.

2.205. To establish, levy and collect taxes for admission to or other
charge for any public amusement, entertainment, performance, exhibi-
tion, lecture, sport or athletic event in the town, which taxes may be added
to and collected with the price of: such admission or other charge.

2.206. To establish, levy, and collect taxes upon the amount paid
for the use of water, electricity, gas, telephone or other public utility
service used within the town, which taxes may be added to and collected
with the bills rendered the purchasers of such service.

2.207. To establish, levy, and collect a tax on all subjects of taxation
not prohibited to it by, nor exempted in, the Constitution and general law's
of Virginia.

2.208. To establish, levy, and enforce the collection of water and
sewage rates and charges, and rates and charges for public utilities, p1o-
ducts, 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.
In the event such rates and charges are assessed against the owner or
owners such rates and charges, together with such penalties and interest
not to exceed six per centum as the council may by ordinance prescribe,
shall constitute and be a lien against the real estate and buildings in or
on which such service is rendered and may be filed in the clerk’s office
of the Circuit Court of Hanover County and collected in the same manner
as delinquent taxes are filed and collected; and in event such rates and
charges shall be assessed against a tenant then the council may by or-
dinance, require of such tenant a deposit of such reasonable amount as
it may by such ordinance prescribe before furnishing such service to
such tenant.

2.209. To charge and to collect fees for permits to use public facilities
and for public services and privileges. The said town shall have the
power and right to charge a different rate for any service rendered or
convenience furnished to citizens without the corporate limits from the
rates charged for similar services to citizens within the corporate limits.

2.210. To accept or refuse gifts, donations, bequests, or grants from
any source for any purpose related to the powers and duties of the town
government.

2.211. To provide, or aid in the support of, public libraries, public
schools, and public hospitals.

2.212. To provide for the control and management of the fiscal af-
fairs of the town, and prescribe and require the adoption and keeping ot
such books, records, accounts and systems of accounting as may be neces-
sary to give full and true accounts of the affairs, resources, and revenues
of the town and the handling, use and disposal thereof.

2.213. To provide each fiscal year for the assessment and valuation
of all property, real and personal, within the corporate limits of the
town, for the purpose of local taxation. The authority hereby vested in
not to conflict with any State control of local assessments or valuation.
but is to be exercised generally for all other purposes of local taxation
and revenue.

2.214. To borrow money, contract debts, and make and issue, or
cause to be made and issued, as evidence thereof, bonds, notes, or other
obligations, within the limitations prescribed by the Constitution, and
in accordance with the provisions of the law concerning bond issues by
towns, 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 or operat-
ed by the town.

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

. 2.38. Powers Relating to Public Works. Utilities and Properties. In
addition to the powers granted by other sections of this charter, the town
is empowered:

_ 2.301. To acquire by purchase, gift, devise, condemnation or other-
wise, property, real or personal, or any estate therein within or without
the town for any of the purposes of the town; and to hold, improve, sell,
lease, mortgage, pledge, or otherwise dispose of the same or any part
thereof, including any property now owned by the town.

2.302. To own, operate and maintain water works to acquire in any
lawful manner in any county of the State, such water, lands, property
rights, and riparian rights as the council may deem necessary for the
purpose of providing an adequate water supply to the town and of piping
and conducting the same; to lay, erect and maintain all necessary mains
and service lines, either within and without the corporate limits of the
town for the distribution of water to its customers and consumers, both
within and without the corporate limits of the town and to charge and
collect water rents thereof ; to erect and maintain all necessary dams, pump-
ing 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 full
police powers and sanitary control 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 ade-
quate penalties for the violation of any such rules and regulations; and
to prevent by injunction any pollution or threatened pollution of such
water supply and any and all acts likely to impair the purity thereof;
and to carry out the powers herein granted, the town may exercise within
the State all powers of eminent domain provided by the laws of this State.

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

2.304. To survey, establish, enter, open, widen, extend, grade, con-
struct, pave, maintain, light, sprinkle, and clean, public streets, highways,
alleys, sidewalks, parkways or parks and to relocate, alter or close the
same; to regulate the weight of loads to be hauled or carried over and
upon the streets in so far as such regulation of weights of loads does not
conflict with general State laws relating to load limits to be carried or
transported over State highways; to regulate the use of all such high-
ways, parks, streets, alleys, parkways, and public places; to prevent the
obstruction, destruction or injury to any of such streets, alleys or high-
ways; in conformity with the general State laws in effect from time to
time, to require any railroad company operating a railroad at the place
where any highway or street is crossed within the limits of the town to
construct and maintain adequate crossings and to erect and maintain at
such crossing any style of gate or warning signal deemed proper by the
council; to regulate the operation and speed of all cars, motorcycles, bi-
cycles or vehicles upon said streets or highways as well as the speed of
all engines, cars, or railroad trains within the town; to permit or pro-
hibit towers, poles or wires for electric, telephone, telegraph, radio, or
television purposes to be erected or wires or gas or water 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, telegraph, radio or television towers, poles, or
wires, or the owner or lessee of gas, sewer or water mains or lines, now
in use or hereafter erected or constructed to change the location or re-
move the same; to construct, maintain and operate bridges, viaducts, sub-
ways, tunnels, sewers, and drains; to plant, maintain or remove shade
trees along the streets and upon public grounds; and to do all other
things whatsoever to make said streets and highways safe, convenient
and attractive.

2.305. To establish, maintain, and regulate the use of parks, golf
courses, playgrounds, and public grounds, and to keep them lighted and
in good order; to construct in such parks, playgrounds, and public grounds,
as the town may maintain, or upon any town property, stadia, swimming
pools, gymnasia, and recreation or amusement buildings, structures, or
enclosures of every character, refreshment stands, restaurants, et cetera;
to charge admission for use of the same, and to rent out or lease the
privileges of constructing or using such stadia, swimming pools, recrea-
tion or amusement buildings, structures, or enclosures of every character,
refreshment stands, or restaurants, et cetera.

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

2.307. To grant franchises for public utilities subject to the pro-
visions of the Constitution and general laws of Virginia and this charter;
provided, however, the town shall at any time have the power to con-
tract 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 con-
trary notwithstanding.

2.308. 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 corpo-
rate 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.

2.309. To establish, maintain and operate a landing field or airport
within or without the town and for such purposes to acquire real estate
by gift, lease, purchase or condemnation; to lease such landing fields or
airport to others to be used for any lawful purposes; to erect and maintain
buildings and appurtenances necessary for the use of such landing field
or airport and to prescribe and enforce rules and regulations not in con-
flict with the laws, rules and regulations prescribed by the State of Vir-
ginia and the Federal Government, for the use and protection of such
landing field or airport.

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

2.311. To acquire in any lawful manner for the purpose of encourag-
ing commerce, industry, and manufacture, lands within or without the
town not exceeding at any one time ‘one hundred acres in the aggregate
and from time to time to sell or lease the same or any part thereof for
industrial or commercial uses and purposes.

__ 2,312. To acquire, construct, own, maintain and operate, within and
without the town, places for parking or storage of vehicles by the public,
which shall include but shall not be limited to parking lots, garages,
buildings and other land, structures, equipment and facilities, when in
the opinion of the council they are necessary to relieve congestion in the
use of streets and to reduce hazards incident to such use; provide for
their management and control by a department of the town government
or by a board, commission or agency specially established by ordinance
for the purpose; authorize or permit others to use, operate or maintain
such places or any portions thereof, pursuant to lease or agreement,
upon such terms and conditions as the council may determine by ordinance;
and charge or authorize the charging of compensation for the parking
or storage of vehicles or other services at or in such places. |

2.313. To accept, by ordinance, or to refuse the dedication of streets,
alleys, easements or other public use or purpose unless the title to the
same be acquired in fee simple in accordance with any subdivision regula-
tions adopted under the provisions of Article VII.

2.314. To exercise the power of eminent domain within this State
with respect to lands and improvements thereon, for any lawful pur-
pose of the town.

2.4. Power to make Regulations for the Preservation of the Safety,
Health, Peace, Good Order, Comfort, Convenience, Morals and Welfare
of the Town and Its Inhabitants.—In addition to the powers granted by
other sections of this charter, the town shall have power to pass and en-
force by-laws, rules, regulations, and ordinances, not in conflict with
this. charter or prohibited by the general laws of the Commonwealth for
the preservation of the safety, health, peace, good order, comfort, con-
venience, morals, and welfare of its inhabitants, and among such powers,
but not in limitation thereof, the town is empowered:

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

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

2.403. 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.

2.404. To compel the abatement and removal of all nuisances within
the town or upon property owned by the town beyond its limits at the
expense of the person or persons causing the same, or of the owner or
occupant of the ground or premises whereon the same may be, and to
collect said expense by suit or motion or by distress and sale; to require
all lands, lots and other premises within the town, to be kept clean and
sanitary and free from stagnant water, weeds, filth and unsightly de
posits, or to make them so at the expense of the owners or occupants
thereof; and to collect said expenses by suit or motion or by distress
and sale; to pass and enforce any ordinance that may be necessary to
the public safety for the control of dogs; to regulate, or prevent slaughter
houses or other noisome or offensive business within the town, the keep-
ing of hogs, or other animals, poultry or other fowl therein, or the ex-
ercise of any dangerous or unwholesome business, trade or employment
therein; to regulate the transportation of all articles through the streets
of the town; to compel the abatement of smoke and dust and prevent un-
necessary noise; to regulate the location of stables and the manner in
which they shall be kept and constructed; to regulate the location, con-
struction, operation, and maintenance of billboards, signs, advertising,
and generally to define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, aesthetic sensibilities, safety, con-
venience 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, unsight-
ly deposits, ice and snow.

2.405. To extinguish and prevent fires, and to establish, regulate and
control a fire department or division; to regulate the size, height, ma-
terials and construction of buildings, fences, walls, retaining walls and
other structures hereafter erected in such manner as the public safety
and conveniences may require; to remove or require to be removed or
reconstructed any building, structure or addition thereto which by reason
of dilapidation, defect of structure or other causes may have become
dangerous to life or property, or which may be erected contrary to law;
to establish and designate from time to time fire limits, within which
limits wooden buildings shall not be constructed, added to, enlarged or
repaired and to direct that any or all future buildings within such limits
shall be constructed of stone, natural or artificial, concrete, brick, iron
or other fireproof materials; and may enact stringent and efficient laws
for securing the safety of persons from fires in halls and buildings used
for public assemblies, entertainments or amusements.

2.406. To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gun powder,
nitroglycerine, kerosene oil or other like materials; to regulate the dis-
charge of fire arms, and the making of bonfires in the streets and yards:
to prohibit the sale and use of fireworks.

2.407. To provide for regular and safe construction of houses in the
town for the future; and to provide a building code for the town, and set
back lines on the streets.

2.408. To provide for the preservation of the general health of the
inhabitants of the town, make regulations to secure the,same, inspect al}
foodstuffs and prevent the introduction and sale in the town of anv
article or thing intended for human consumption, which is adulterated,
impure or otherwise dangerous to health, and to condemn, seize and
destroy or otherwise dispose of any such article or thing without liability
to the owner thereof; to prevent the introduction or spread of contagious
or infectious diseases, and prevent and suppress disease generally; to
provide and regulate hospitals within or without the town limits, and if
necessary to the suppression of disease, to enforce the removal of per-
sons afflicted with contagious or infectious diseases to hospitals provided
for them; to construct and maintain or to aid in the construction and main-
tenance of a hospital or hospitals for the use of the people of the town.

2.409. To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive or penal institutions.
2.410. To prevent fowls and animals being kept in or running at
large in the town, or any thickly populated portion thereof, and to sub-
ject the same to such taxes, regulations and penalties as the council may
think proper.

2.411. To prevent the riding or driving of horses or other animals at
an improper speed; to prevent the flying of kites, throwing of stones, or
engaging in any sort of employment in the public streets which is danger-
ous Or annoying to passersby, and to prohibit and punish the abuse of
animals.

2.412. To control, regulate, limit and restrict in so far as not pro-
hibited by general law the operation of motor vehicles carrying pas-
sengers for hire upon the streets or alleys of the town; to regulate the
use of automobiles and other automotive vehicles upon the streets; to
punish persons who drive or operate motor vehicles in the town of Ash-
land during the time in which a person is deprived of his right to so drive
or operate a motor vehicle, in conformity with the laws of the State of
Virginia; to regulate the routes in and through the town to be used by
motor vehicle carriers operating in and through the 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 re-
specting motor traffic therein as may be necesary for the general welfare.

2.413. To exercise full police powers and establish and maintain a
department or division of police.

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

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

2.416. To offer and pay rewards for the apprehension and convic-
tion of criminals; to compel persons sentenced to confinement in the jail
of the town for any misdemeanor or other violation of the laws or or-
dinances of said town to work on the public streets, parks or other public
works of the town; and on the requisition of the mayor, or other person
acting as judge of the municipal court, it shall be the duty of the police
of the town to deliver such person to the duly authorized agent of the
town for such purposes from day to day as he may be required. For the
purpose of carrying into effect the police regulations of said town, the
town shall be allowed the use of jails of other counties or municipalities
for the safe keeping and confinement of all persons who shall be sentenced
to imprisonment under the ordinances of said town; provided, the town
shall pay the cost of keeping such prisoners in jail.

2.417. To prohibit begging, soliciting, or the peddling or hawking of
any article for sale on the streets of the town.

2.418. To punish for contempt of court, releasing or attempting to
release a prisoner, or interfering in any manner with an officer in the
exercise of his official duties.

2.419. To make and enforce ordinances to regulate, control, license
and tax the manufacture, bottling, sale, distribution, handling, advertis-
ing, possession, dispensing, drinking and use of alcohol, and all liquids,
beverages and articles containing alcohol obtained by distillation, fermen-
tation or otherwise; provided, however, that no such ordinance shall be
in conflict with any of the provisions of the Alcoholic Beverage Control
Act or the general laws, of this Commonwealth with respect to such alco-
holic beverages, liquids, and articles.
2.420. To provide for the protection of the town’s property, real and
personal, the prevention of the pollution of the town’s water supply, and
the regulation of the use of parks, playgrounds, playfields, recreational
facilities, cemeteries, airports and other public property, whether located
within or without the town. For the purpose of enforcing such regulations
all town property wherever located shall be under the police jurisdiction
of the town. Any member of the police force of the town or employee
thereof appointed as a special policeman shall have power to make arrests
for violation of any ordinance, rule or regulation adopted pursuant to this
section and the police justice shall have jurisdiction in all cases arising
thereunder within the town and the trial justice court of the county
wherein the offense occurs shall have jurisdiction of all cases arising
thereunder without the town.

2.421. To prescribe the location in, under or over, and grant permits
for the use of, streets, alleys, and other public places for the maintenance
and operation of tracks, poles, wires, cables, pipes, conduits, bridges, sub-
ways, vaults, sewers, areas and cellars; require tracks, poles, wires, cables,
pipes, conduits and bridges to be altered, removed or relocated either
permanently or temporarily; charge and collect compensation for the
privileges so granted and prohibit such use of the streets, alleys and
other public places of the town, and no such use shall be made of the
streets, alleys or other public places of the town without the consent of

e council.

2.422. To prevent any obstruction of or encroachment over, under or
in any street, alley, sidewalk or other public place; provide penalties for
maintaining any such obstruction or encroachment; remove the same
and charge the cost thereof to the owner or owners, occupant or occupants
of the property so obstructing or encroaching, and collect the sum charg-
ed in any manner provided by law for the collection of taxes; require
the owner or owners or the occupant or occupants of the property so
obstructing or encroaching to remove the same; authorize encroachments
upon streets, alleys, sidewalks or other public places, subject to such
terms and conditions as the council may prescribe, and recover possession
of any street, alley, sidewalk or other public place or any other property
of the town by suit or action.

2.423. To regulate, in the interest of public health, the production,
preparation, distribution, and sale of milk, other beverages and foods
for human consumption, and the places in which they are produced, pre-
pared, distributed, sold, served or stored; regulate the construction, in-
stallation, maintenance and condition of all water and sewer pipes, con-
nections, toilets, water closets and plumbing fixtures of all kinds; regu-
late the construction and use of septic tanks and dry closets, and the
sanitation of swimming pools; compel the use of sewers, the connection
of abutting premises therewith, and the installation in such premises
of suitable sanitary facilities; regulate or prohibit connections to and
use of sewers; to prevent the connecting of roof drains and storm sewers
to the sanitary sewer system; to regulate or prohibit the use of garbage
disposal units connected to the sanitary sewer system; and make and
enforce all regulations necessary to preserve and promote public health
and sanitation and protect the inhabitants of the town from contagious,
infectious or other diseases.

2.424. To regulate the light, ventilation, sanitation and use and oc-
cupancy of buildings heretofore or hereafter constructed, altered, re-
modeled or improved, and the sanitation of the premises surrounding the

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

2.426. To prescribe penalties for the violation of any town ordinance,
rule, or regulation, not exceeding five hundred dollars or twelve months’
imprisonment in jail, or both, but not exceeding any penalty established
by the Commonwealth for a similar offense.

2.427. 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 two miles thereof, into streets, alleys, roads,
and lots or tracts shall be submitted to and approved by the council or
such official or board, including the Ashland Planning Commission, as
the council designates in any regulations controlling the orderly sub-
division of land it may adopt before such plats or re-plats or filed for record
or recorded in the office of the clerk of Hanover County, Virginia.

2.428. To do all things whatsoever necessary or expedient and law-
ful to be done for promoting or maintaining the general welfare, comfort,
education, morals, peace, government, health, trade, commerce, or in-
dustries of the town, or its inhabitants.

2.429. To declare the practice of going in and upon private resi-
dences in the town of Ashland, by solicitors, peddlers, hawkers, itinerant
merchants or transient vendors of merchandise not having been request-
ed or invited so to do by the owner or owners, occupant or occupants of
said private residences, for the purpose of soliciting orders for the sale
of goods, wares and merchandise and/or disposing of and/or peddling
or hawking to be a nuisance and punishable as such as a misdemeanor,
provided that the power referred to in this Section shall not apply with
respect to persons duly licensed and regulated by the Commonwealth of
Virginia.

2.430. To create a sinking fund commission to have full power and
control over and administration of a sinking fund or funds for the redemp-
tion of bonds, issued heretofore or issued hereafter, in conformity with
general law.

ARTICLE IJII—THE COUNCIL

3.1. Creation and Composition. The council of the town of Ashland
shall consist of five members elected at large, all of whom shall be residents
and qualified voters of the town.

3.2. Nominations and Elections. Primary elections may be held for
the nomination of candidates for the office of councilman. The council-
men shall be elected at a regular municipal election to be held on the second
Tuesday in June, 1952, and every two years thereafter, in the manner
prescribed by law, for terms of two years beginning on the first day of
September, 1952, next following their election, each of whom shall serve
until his successor shall be elected and qualified. The council shall be a
continuing body, and no measure pending before such body shall abate
or be discontinued by reason of expiration of the term of office or removal
of any of its members.

3.8. Vacancies. Vacancies in the council shall be filled for the unex-
pired term by a majority vote of the remaining members. The present
council shall continue in office until the expiration of the terms for which
they were elected.

3.4. Powers. All powers of the town and the determination of all
matters of policy shall be vested in the council. Except as otherwise pro-
vided in this charter, the council is empowered to:—

3.401. Appoint and remove the town manager, the town clerk, the
town attorney, the police justice, issuing justices and officers of the volun-
teer fire department.
3.402. Adopt the budget of the town.

3.403. Inquire into the conduct of any office, department or agency
of the town and make investigations as to municipal affairs.

3.404. Appoint the members of the planning commission, the board
of zoning appeals, and the recreation commission, and fill any vacancies
thereon.

3.405. Create a housing authority.

3.406. Adopt and modify the official map of the town.

3.407. Pass all laws and ordinances relating to its municipal affairs,
subject to the Constitution and general laws of the Commonwealth and
of this charter and may from time to time amend, reamend, or repeal
any or all of its ordinances for the proper regulation, management, and
government of the town and impose fines and penalties for the violation
or nonobservance thereof.

3.408. To compel the attendance of its members and to punish its
members for disorderly behavior and by a vote of two-thirds of the whole
council, expel a member.

3. 409. To require and secure such bonds for any of the town employees
as it may deem necessary.

3.410. To keep a journal of its proceedings, which journal shall be
open to public inspection.

3.411. To fix the salaries and wages of all officers and employees of
the town as herein otherwise specifically provided.

3.5. Mayor. On the first day of September nineteen hundred and fifty-
two and on the first day of September of every second year thereafter,
or if such day shall fall on Sunday then on the following Monday, the
council shall choose by a majority vote of all the members thereof one
of their number to be mayor and one to be vice-mayor for the ensuing two
years. The mayor shall preside over the meetings of the council, have
the same right to speak therein as other members and shall have a vote
but no veto. He shall be recognized as the head of the town government
for all ceremonial purposes, the purposes of military law, and the service
of civil process. The vice-mayor shall in the absence or disability of the
mayor perform the duties of mayor, and if a vacancy shall occur in the
office of mayor, shall become mayor for the unexpired portion of the term.
In the absence or disability of both the mayor and vice-mayor the council
shall, by majority vote of those present choose one of their number to
perform the duties of mayor.

3.6. Compensation. No member of the council or the mayor shall
receive any compensation from the town of Ashland for the performance
of his duties.

3.7. Rules of Procedure. The council is empowered, subject to the
provisions of this charter, to adopt its own rules of procedure. Such rules
shall provide for the time and place of holding regular meetings of the
council which shall not be less frequently than once each month. They
shall also provide for the calling of special meetings by the mayor, or any
three members of the council and shall prescribe the method of giving
notice thereof, provided that the notice of each special meeting shall
contain a statement of the specific item or items of business to be trans-
acted and no other business shall be transacted at such meetings except
by the unanimous consent of all the members of the council. The meetings
of the council shall be open to the public, except when the public welfare,
in the opinion of four-fifths of the council, requires secrecy. A majority of
the council shall constitute a quorum for the transaction of business.

3.8. Ordinances. Except in dealing with questions of parliamentary
procedure the council shall act only by ordinance or resolution, and all
ordinances except ordinances making appropriations, or authorizing the
contracting of indebtedness or issuance of bonds or other evidences of
debt, shall be confined to one subject, which shall be clearly expressed in
the title. Ordinances making appropriations or other obligations and
appropriating the money to be raised thereby shall be confined to those
subjects respectively.

3.81. The enacting clause of all ordinances passed by the council
shall be ‘“‘Be it ordained by the council of the town of Ashland.” No ordi-
nance, unless it be an emergency measure, shall be passed until it has been
read at two regular meetings not less than seven days apart, unless the
requirement of such reading has been dispensed with by the affirmative
vote of four of the members of the council. No ordinance or section thereof
shall be revised or amended by its title or section number only, but the
new ordinance shall contain the entire ordinance, or section as revised or
amended. The ayes and nays shall be taken upon the passage of all ordi-
nances or resolutions and entered upon the journal of the proceedings of
the council and every ordinance or resolution shall require, on final
passage, the affirmative vote of at least three of the members.

3.82. All ordinances and resolutions passed by the council shall be
in effect from and after thirty days from the date of their passage, except
that the council may, by the affirmative vote of two-thirds of its members
present, pass emergency measures to take effect at the time indicated
therein. Ordinances appropriating money for any emergency may be
passed as emergency measures, but no measure providing for the sale or
lease of town property, or making a grant, renewal, or extension of a
franchise or other special privilege, or regulating the rate to be charged
for its service by any public utility, shall be so passed. No measure
increasing a tax or license, or providing for any new form of tax shall
be adopted until notice has been published thirty days previous to its
passage in a paper of general circulation in the town.

3.838. Every ordinance or resolution upon its final passage shall be
recorded in a book kept for the purpose, and shall be authenticated by the
signature of the presiding officer and the town clerk.

3.84. Every member, when present, when a question is put, shall vote
unless excused by the council. But no member who has any personal or
financial interest in the result of any ordinance or resolution before the
council shall vote thereon.

3.9. Appointees. At the first meeting in September following each
councilmanic election, or as soon thereafter as practicable the council
shall appoint :—

3.91. A Town Manager. The town shall be governed under the Town
Manager Plan, with a council of five members, as is set forth in Title 15
of the Code of Virginia of 1950.

3.92. A Town Clerk, who also may be the town manager, for an in-
definite term. He shall receive such compensation as shall be provided by
the council by ordinance or resolution. He shall have the following duties:

3.921. To be custodian of the corporate seal.

3.922. To give notice of council meetings.

3.923. To keep a journal of council proceedings.

3.924. To authenticate by his signature and record in full in a book
kept for the purpose all ordinances and resolutions.

3.925. To prepare all statements for monies owed the town for sup-
plies or services rendered.

3.926. To perform such other duties as may be prescribed or re-
quested by council.

3.93. A Town Attorney, for an indefinite term, who shall be an attor-
ney at law licensed to practice under the laws of the Commonwealth and
shall be a resident of the town. He shall receive such compensation and
fees as shall be provided by the council by ordinance or resolution. He
shall have the following powers and duties:

3.931. To be legal advisor of the council, the town manager and all
departments, boards, commissions and agencies of the town, including
the school board, in all matters affecting the interests of the town and shall
upon request furnish a written opinion on any question of law involving
their respective official powers and duties.

3.9382. To prepare, at the request of the town manager or any member
of the council, ordinances for introduction and, at the request of the
council or any member thereof, shall examine any ordinance after intro-
duction and render his opinion as to the form and legality thereof.

3.933. To draw or approve all bonds, deeds, leases, contracts or other
instruments to which the town is a party or in which it has an interest.

3.984. To represent the town as counsel in any civil case in which it
is interested and in any criminal case when so requested by the town
council.

3.94. A Police Justice, as provided in Article V.

3.95. Issuing Justices, as provided in Article V.

ARTICLE IV—FINANCIAL ADMINISTRATION

4.1. Budgets and Appropriations:

4.11. The fiscal year of the town shall begin on the first day of October
and end on the 30th day of September of the succeeding year.

4.12. At the regular July meeting of the Council, the town manager
shall submit to the council separate current expense budgets for the gen-
eral operation of the town government, hereinafter referred to as the gen-
era nana budget, and for each utility operated by the town and a capital

udge

4.18. The general fund and/or utility budgets shall contain:

4.131. An itemized statement of the appropriations recommended
with comparative statements in parallel columns showing appropriations
made for the current and next preceding year.

4.132. An itemized statement of the taxes and/or utility services
charges required and of the estimated revenues of the town and/or
utilities from all other sources for the ensuing year, with comparative

statements in parallel columns of the taxes and other sources of revenue
for the current and next preceding year and of the increases or decreases
estimated or: proposed.

4.138. A statement of the financial condition of the town and/or
utilities.

4.134. A budget message relative to the condition, reasons, etc., con-
nected with the estimates for the ensuing year together with a work
program showing the undertakings to be begun and those to be completed
during the next year.

4.135. Such other information as may be requested by council.

4.14. At the same time that the town manager shall submit a
general fund and /or utility budget he shall prepare for introduction
appropriation ordinances listing the appropriation for each department,
utility, branch, board or commission which ordinances shall also fix the
tax rate on real and personal property; on bank stock for the ensuing
fiscal year; and service charges on utilities. Said budgets shall act as the
supporting schedules for the appropriation ordinances.

4.15. A public hearing on the budget plan as a whole shall be held by
the council within thirty days after its submission to the council but not
until a resume of the proposed budgets and notice of such hearing shall
have been published at least one time in a newspaper of general circulation
within the town at least ten days prior to such hearing. After the con-
clusion of the public hearing the council may insert new items of expendi-
ture or may increase, decrease, or strike out any item of expenditure in
the budgets except that for debt service.

4.16. Within forty days, but in no event later than the thirtieth day
of September, the council shall approve, upon the affirmative vote of a
majority of the membership of the council, a general fund and/or utility
budget and adopt appropriation ordinances. If for any reason the council
fails to approve the budgets on or before such date, then the budgets as
submitted by the town manager shall be the budgets for the ensuing year
and the appropriation ordinances recommended by the town manager shall
have the same force and effect as if the same had been adopted by the
council.

4.17. The council may, after referring to the town manager for a
recommendation, make additional appropriations during the fiscal year
upon the affirmative vote of two-thirds of the membership of the council.

4.18. Any portion of an annual appropriation, except for capital
expenditures, remaining unexpended and unencumbered at the close of
the fiscal year, shall lapse provided however, that any appropriation made
for the benefit of the Fire Department shall not lapse but shall revert
to the Fire Department Equipment Fund of the Town.

4.19. The capital budget shall contain’ a program previously acted
upon by the town planning commission, as provided in Section 6.135 of
this charter, of proposed capital improvement projects, for the ensuing
fiscal year and for the four fiscal years thereafter, with his reeommendation
as to the means of financing the improvements proposed for the ensuing
fiscal year. The council shall have power to accept with or without amend-
ments or reject the proposed program and proposed means of financing for
the ensuing fiscal year but, except in the case of emergency as provided in
Section 3.82 of this charter, the council shall not authorize any capital
improvement project or make any appropriation therefor unless the
appropriation for such project is included in the capital budget as adopted
by it. The council shall take final action on the capital budget not later
than the twenty-eighth day after the date prescribed for the adoption of
the general fund budget. No appropriation for a capital improvement
project contained in the capital budget shall lapse until the purpose for
which the appropriation was made shall have been accomplished or aban-
doned, provided that any project shall be deemed to have been abandoned
if three fiscal years elapse without any expenditure from or encumbrance
of the appropriation therefor. Any such lapsed appropriation shall be
applied to the payment of any indebtedness incurred in financing the
project concerned and the next capital budget. Nothing herein contained
shall be construed to limit the power of the town council to originate
or initiate capital improvements.

4.2. Bids and Purchases. At least two bids shall be secured on all
purchases involving more than $500.00 and shall be approved by council.
On purchases of less than $500.00, for which an appropriation has been
made, the town manager may authorize the expenditure without reference
to council.

4.3. Independent Audit. Prior to the end of each fiscal year the
council shall designate the Auditor of Public Accounts, or qualified certified
public accountants who, as of the end of the fiscal year, shall make an in-
dependent audit of accounts and other evidence of financial transactions of
the town government and shall mail a copy of their report to each member
of the town council and to the town manager. The auditors shall post-audit
the books and documents kept by the treasurer and any separate or sub-
ordinate accounts kept by any other office, department or agency of the
town government.

4.4 Liens. A lien shall exist on all real estate within the corporate
limits for taxes, levies, and assessments in favor of the town, together
with all penalties and interest at the rate of six per centum due thereon
from the commencement of the year for which the same were assessed
and the procedure for collecting said taxes, for selling real estate for town
taxes and for the redemption of real estate sold for town taxes shall be
the same as provided in the general law for 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. All goods and chattels
wheresoever found may be distrained and sold for taxes and licenses
assessed and due thereon; and no deed of trust or mortgage upon goods
and chattels shall prevent the same from being distrained and sold for
taxes and licenses assessed against the grantor in such deed while such
goods and chattels remain in the grantor’s possession.

ARTICLE V—ADMINISTRATION OF JUSTICE

5.1. Police Justice. There is hereby created the office of police justice
for the town of Ashland.

5.11. Appointment. Said police justice shall be appointed by the
council at the first meeting or as soon thereafter as practicable and hold
office during the pleasure of the council. Before entering upon the dis-
charge of duties as police justice, the person so appointed shall subscribe
the oath prescribed for State officers, and shall give such bond as may
be required by council. The Mayor, or any citizen residing in the town,
may be appointed as police justice. If. the mayor is appointed as police
justice he shall discharge such duties as the police justice of the town under
this charter and not as the mayor of the town, in addition to the duties of
mayor imposed upon him by this charter; and his powers, duties, authoritv
and jurisdiction as such police justice shall be as hereinafter provided
for the police justice.

5.12. Absence or vacancy in office. During the absence or disability
of the police justice the mayor shall serve in the capacity of substitute
police justice, or if the mayor has been appointed as police justice, then
during his absence or disability, the vice mayor shall act as substitute police
justice, but no additional oath and no bond shall be required of any such
substitute police justice as a prerequisite to his authority to act. The
substitute police justice shall receive for his services such per diem com-
pensation as may be prescribed by council.

5.13. Jurisdiction. The police justice is hereby vested with original
and exclusive jurisdiction of all offenses against any ordinance of the town
of Ashland, Virginia, which violation occurs within the corporate limits
of said town, or within one mile thereof. Such police justice shall not
exercise the jurisdiction conferred by 63-259 to 63-266 inclusive and 20-61
of the Code of Virginia 1950, and anything in this charter shall not be
construed as giving to such police justice the jurisdiction conferred by the
above sections.

5.14. Appeals and Warrants. Appeals from the decision of the police
justice shall be as provided in 16-102 to 16-107 inclusive Code of Virginia
1950, for appeals from civil and police justices for cities, except that all
cases appealed from the police justice shall be appealed to the circuit court
of Hanover County, Virginia. Should a warrant be issued charging a
violation of a town ordinance and it should develop prior to trial, or at
any time during trial, prior to the imposition of sentence, that the alleged
offense involved a felony, then, in lieu of final disposition by the police
justice, the case may be certified by the police justice to the trial justice
of Hanover County, Virginia, to be there dealt with as provided by law,
and it may be there tried on the original warrant, the same as though said
warrant had charged the violation of State law and had been issued by
a person authorized to issue State warrants. In the event a warrant should
be issued charging a violation of a town ordinance, and it should for any
reason appear prior to trial, or at any time during trial, prior to the
imposition of sentence, that the police justice is for any reason without
jurisdiction to try the same, said warrant may be certified to the proper
court for trial where the same may be tried upon the original warrant.
The police justice shall also have jurisdiction to issue original warrants
charging violation of town ordinances; to issue subpoenas or to issue
and/or try any other processes incidental to the jurisdiction herein
granted; power to admit to bail prior to trial in cases involving violation
of town ordinances, or to admit to bail subsequent to trial, upon an appeal;
power to take bond as security for the payment of fines and costs; power
to issue search warrants; and shall have the same powers in matters of
contempt as are granted or limited by 16-95 and 14-184 of the Code of
Virginia 1950, and shall be a conservator of the peace within the corporate
limits of the town of Ashland and for one mile beyond the corporate
limits thereof.

5.15. Compensation and Clerical Assistant. A salary to compensate
the police justice shall be fixed by the town council. The council may also
appoint such clerk or clerks as may, in their discretion, be necessary, and
require of such clerk or clerks such bond as it may deem proper, provide
just compensation therefor and provide necessary records.

5.16. Trial Justice. Nothing herein contained shall be construed as
affecting the provisions of 16-129 of the Code of Virginia 1950, and in the
event a resolution should be passed pursuant to 16-129 Code of Virginia
1950, and said resolution be subsequently repealed by council, then the
provisions of 16-129.1 shall automatically become operative.

5.17. Necessity of Warrant. Nothing contained in this charter relat-
ing to the issuance of warrants shall be construed as affecting or altering
the provisions of 16-5 Code of Virginia 1950.

5.2. Issuing Justice. There is hereby created the office of Issuing
Justice for the town of Ashland.

5.21. Appointment. The council shall appoint at its first meeting or
as soon thereafter as is practicable, to serve during the pleasure of the
council, one or more issuing justices who are qualified voters within the
town and who already may be employees of any department of the town.

5.22. Jurisdiction. The issuing justices so appointed shall have power
to issue warrants for violation of town ordinances; the power to issue sub-
poenas or other processes the same as could be issued by the police justice
and the power to admit to bail in any case where the police justice could
admit to bail, but any warrant, summons or process issued by such issuing
justices shall be returnable before the police justice for action thereon.

5.23. Compensation. Compensation shall be paid to any such issuing
justices by the town as provided by the council. All costs collected shall
be paid into the town treasury.

5.3. Fines and Costs.

5.31. Amounts Assessable. The police justice shall assess such fines
and impose such punishment for violation of any ordinance as may be
prescribed by the council, and shall assess as cost against the violator of
any ordinance such fees and cost as may be prescribed by the council,
provided such fees and cost shall not exceed the amount assessable under
the general laws of the State for similar service incident to the trial of
criminal cases.

5.32. How fines and cost paid. All costs collected by the police justice
and all fines 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.

ARTICLE VI—PLANNING, ZONING, AND SUBDIVISION CONTROL

6.1. Power to Adopt a Master Plan. In addition to the powers granted
elsewhere in this charter the council shall have the power to adopt by ordi-
nance a master plan for the physical development of the town to promote
health, safety, morals, comfort, prosperity, and the general welfare. The
master plan may include but shall not be limited to the following:

6.101. The general location, character and extent of all streets, high-
ways, avenues, boulevards, roads, lanes, alleys, walks, parks, squares, play-
fields, playgrounds, recreational facilities, stadia, swimming pools, airports
and other public places or ways, change of use or extension thereof.

6.102. The general location, character and extent of all public build-
ings, schools and other public property and of utilities whether publicly
or privately owned, off-street parking facilities, and the removal, reloca-
tion, vacating, abandonment, change of use, alteration or extension thereof.

6.103. A comprehensive zoning plan for the control of the height, area,
bulk, location and use of buildings and premises.

6.11. Town Planning Commission. There shall be a town planning
commission consisting of seven members, appointed by the council. One
member shall be a member of the council appointed for a term concurrent
with his term in the council. One member shall be the town manager
appointed for a term concurrent with his term in such capacity. There
shall be five citizen members, who shall be qualified voters of the town
appointed for a term of four years, one of whom may be a member of the
Board of Zoning Appeals and who shall hold office for a term concurrent
with his term on said board. Citizen members appointed previous to the
effective date of this charter shall continue to serve as members of the
commission until the expiration of the terms for which they were
appointed. Vacancies on the commission shall be filled by the council.
Members of the town planning commission shall serve as such without
compensation.

6.12. Organization and Expenditures of Planning Commission. The
commission shall elect a chairman and vice-chairman from among the
citizen members appointed by the council, for a term of one year, who
shall be eligible for reelection, and appoint a secretary. The commission
shall hold at least one regular meeting in each month, shall adopt rules
for the transaction of its business, and shall keep a record of its resolutions,
transactions, findings and determinations, which record shall be a public
record. Four members shall constitute a quorum. The commission shall
appoint such employees as it may deem necessary for its work and may
contract with city planners, engineers, architects and other consultants for
services it may require. All expenditures shall not exceed the sums appro-
priated by the council therefor.

6.13. Powers and duties of the Planning Commission. The Town
Planning Commisison shall have the following powers and duties:

6.131. To make and adopt a master plan which with accompanying
maps, plats, charts and descriptive matter shall show the commission’s
recommendations for the development of the territory covered by the
plan. In the preparation of such plan the commission shall make careful
and comprehensive surveys and studies of existing conditions and future
growth. The plan shall be made with the general purpose of guiding and
accomplishing a coordinated, adjusted and harmonious development of
the town and its environs which will in accordance with existing and
future needs best promote health, safety, morals, comfort, prosperity and
general welfare, as well as efficiency and economy in the process of
development.

6.132. To act as a zoning commission as provided in Section 6.221.

6.133. To promote public interest in and an understanding of the
master plan and to that end may publish and distribute copies of the plan
or of any report and may employ such other means of publicity and educa-
tion as it may determine.

6.134. To authorize members of the commission to attend planning
conferences or meetings of planning institutes or to attend hearings
upon pending planning legislation or to visit other communities and the
commission may by resolution, pay the reasonable traveling expenses inci-
dent to such attendance or visit from funds appropriated for the use of
the commission.

6.135. To prepare and revise annually a program of capital improve-
ment projects for the ensuing five years and submit the same annually to
the town manager, at such time as he shall direct, together with its recom-
mendations, and estimates of cost of such projects and the means of
financing them, to be undertaken in the ensuing fiscal year and in the
next four years, as the basis of the capital budget to be submitted to
the council by the town manager.

6.136. To make an annual report to council concerning its activities.

6.137. To preserve historical landmarks and to control the design
and location of statuary and other works of art which are or may become
the property of the town, and the removal, relocation and alteration of any
such work; and to consider and suggest the design of bridges, viaducts,
airports, stadia, arenas, swimming pools, street fixtures and other public
structures and appurtenances.

6.14. Adoption of Master Plan by the Commission. The commission
may adopt the plan as a whole by a single resolution or may by successive
resolutions adopt successive parts of the plan, said parts corresponding to
major geographical sections or geographical or topographical divisions
of the town or with functional subdivisions of the subject matter of the
plan, and may adopt any amendment or extension thereof or addition
thereto. Before the adoption of the plan or any such part, amendment,
extension or addition, the commission shall hold at least one public hearing
thereon at least fifteen days’ notice of the time and place of which shall
be given by one publication in a newspaper of general circulation in the
town. The adoption of the plan or of any such part, amendment, extension
or addition shall be by resolution of the commission carried by the affirma-
tive vote of not less than a majority of the entire membership of the
commission. The resolution shall refer expressly to the maps and descrip-
tive matter and other matter intended by the commission to form the whole
or part of the plan adopted, which resolution shall be signed by the
chairman of the commission and attested by its secretary. An attested
copy of the resolution, accompanied by a copy of so much of the plan in
whole or in part as was adopted thereby, and each amendment, alteration,
extension or addition thereto adopted thereby, shall be certified to the
council, and to the clerk of the circuit court of Hanover County who shall
file the same in his office.

6.15. Legal Status of Master Plan. Whenever the commission shall
have adopted a master plan for the town or one or more parts thereof, geo-
graphical, topographical or functional, and the master plan or such part
or parts thereof shall have been approved by the council and it has been
certified and filed as provided in the preceding section, then and thereafter
no street, square, park or other public way, ground, open space, public
building or structure, shall be constructed or authorized in the town or in
the planned section or division thereof until and unless the general loca-
tion, character and extent thereof has been submitted to and approved
by the commission; and no public utility, whether publicly or privately
owned, shall be constructed or authorized in the town or in the planned
section or division thereof until and unless its general location, but not
its character and extent, has been submitted to and approved by the com-
mission, but such submission and approval shall not be necessary in the
case of pipes or conduits in any existing street or proposed street, square,
park or other public way, ground or open space, the location of which has
been approved by the commission; and no ordinance giving effect to or
amending the comprehensive zoning plan as provided in Section 6.2 shall
be adopted until it has been submitted to and approved by the commission.
In case of disapproval in any of the instances enumerated above the
commission shall communicate its reason to the council which shall have
the power to overrule such action by a recorded vote of not less than
two-thirds of its entire membership. The failure of the commission to
act within sixty days from the date of the official submission to it shall be
deemed approval. The widening, extension, narrowing, enlargement,
vacation or change in the use of streets and other public ways, grounds and
places within the town as well as the acquisition by the town of any land
within or without the town for public purposes or the sale of any land then
held by the town shall be subject to similar approval and in case the same
is disapproved such disapproval may be similarly overruled. The foregoing
provisions of this section shall not be deemed to apply to the pavement,
repavement, reconstruction, improvement, drainage or other work in or
upon any existing street or other existing public way.

6.2. Zoning Powers. In addition to the powers granted elsewhere in
this charter the council shall have the power to adopt by ordinance a com-
prehensive zoning plan designed to lessen congestion in streets, secure
safety from fire, panic and other danger, promote health, sanitation and
general welfare, provide adequate light and air, prevent the overcrowding
of land, avoid undue concentration of population, facilitate public and
private transportation and the supplying of public utility services and
sewage disposal, and facilitate provision for schools, parks, playgrounds
and other public improvements and requirements. The comprehensive
zoning plan shall include the division of the town into districts with such
boundaries as the council deems necessary to carry out the purposes of this
charter and shall provide for the regulation and restriction of the use of
land, buildings and structures in the respective districts and may include
but shall not be limited to the following:

6.201. It may permit specified uses of land, buildings and structures
in the districts and prohibit all other uses.

6.202. It may restrict the height, area and bulk of buildings and
structures in the districts.

6.203. It may establish setback building lines and prescribe the area
of land that may be used as front, rear and side yards and courts and
open spaces.

6.204. It may restrict the portion of the area of lots that may be oc-
cupied by buildings and structures.

6.205. It may prescribe the area of lots and the space in buildings
that may be occupied by families.
6.206. It may require that spaces and facilities deemed adequate by
the council shall be provided on lots for parking of vehicles in conjunc-
tion with permitted uses of land and that spaces and facilities deemed
adequate by the council shall be provided on lots for off-street loading or un-
loading of vehicles.

6.207. It may provide that land, buildings and structures and the
uses thereof which do not conform to the regulations and restrictions
prescribed for the district in which they are situated may be continued
so long as the then existing or more restricted use continues and so long
as the buildings or structures are maintained in their then structural
condition; and may require that such buildings or structures and the use
thereof shall conform to the regulations and restrictions prescribed for
the district or districts in which they are situated whenever they are en-
larged, extended, reconstructed or structurally altered; and may re-
quire that such buildings or structures and the use thereof shall con-
form to the regulations and restrictions prescribed for the district or
districts in which they are situated, in,any event within a reasonable
period of time to be specified in the ordinance.

6.21. Uniformity of Regulations. The regulations and restrictions
shall be uniform and shall apply equally to all land, buildings and struc-
tures and to the use and to each class or kind thereof throughout such
district but the regulations and restrictions applicable in one district
may differ from those provided for other districts.

6.22. Effecting and Changing of Regulations. The council shall pro-
vide for the manner in which such regulations and restrictions and the
boundaries of such districts shall be determined, established and enforced,
and from time to time amended, supplemented or changed. However, no
such regulation, restriction or boundary shall become effective until after
a public hearing in relation thereto, at which parties in interest and
citizens shall have an opportunity to be heard. At least fifteen days’
notice of time and place of such hearing shall be published in a paper of
general circulation, in said town; provided, however, that where each
proposed change in, or amendment or supplement to, any such regulation,
restriction, or boundary if initiated within council shall be first referred
by the council to the planning commission for report and recommenda-
tion, and where said ‘commission makes such report and recommendation
to the council after a public hearing in relation thereto held by said com-
mission pursuant to prior notice published five days in a paper of general
circulation, in the town, the public hearing by the council in relation to
such change, amendment or supplement may be held after at least ten
days’ notice of time and place of such hearing published in a paper of
general circulation, in the town. In case, however, of a protest against
any change in such regulations signed by the owners of twenty per centum
or more either of the area of the lots included in each proposed change,
or of those adjacent in the rear thereof, or of those directly opposite there-
to, such amendment shall not become effective except by the favorable
vote of three-fourths of all the members of the council. The provisions
of this section relative to public hearings and official notice shall apply
equally to all changes and amendments. ,

6.221. The town planning commission acting as the zoning commis-
sion shall recommend the boundaries of the various original districts
and appropriate regulations to be enforced therein. Such commission
shall make a preliminary report or reports and hold public hearings
thereon before submitting its final report, and the council of the town of
Ashland shall take such action on said preliminary report or reports,
and also on the final report of the commission, as it shall deem necessary.

6.23. Board of Zoning Appeals. The council may appoint a board of
zoning appeals, and in the regulations and restrictions adopted pursuant to
the authority of this act may provide that the board of zoning appeals
may, in appropriate cases and subject to appropriate conditions and safe-
guards, vary the application of the terms of the ordinance in harmony with
its general purpose and intent and in accordance with general or specific
rules therein contained.

6.231. The board of zoning appeals shall consist of five members, each
to be appointed for a term of two years and removable for cause by the
appointing authority, upon written charges and after public hearing.
Vacancies shall be filled by the council for the unexpired term of any
member whose term becomes vacant after the effective date of this
charter. Members of the board of zoning appeals in office at the effective
date of this charter shall continue to hold office until the first day of
September nineteen hundred fifty-two at which time the council shall
appoint all members for a term of two years.

6.232. The board shall select a chairman, a vice-chairman, and a
secretary, and shall adopt rules.in accordance with the provisions of any
ordinance adopted pursuant to this act. Meetings of the board shall be
held at the call of the chairman and such other times as the board may
determine. Such chairman, or in his absence, the acting chairman, may
administer oaths and compel the attendance of witnesses. All meetings of
the board shall be open to the public. The board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or if
absent or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be immediately
filed in the office of the board, and shall be a public record.

6.233. Appeals to the board of zoning appeals may be taken by any
person aggrieved or by any officer, department, board or bureau of the
town affected by any decision of the administrative officer. Such appeal
shall be taken within a reasonable time as provided by the rules of the
board by filing with the officer from whom the appeal is taken and with
the board of zoning appeals a notice of appeal specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith trans-
mit to the board all papers constituting the record upon which the action
appealed from was taken. An appeal stays all proceedings in furtherance
of the action appealed from, unless the officer from whom the appeal is
taken certifies to the board of zoning appeals after the notice of appeal
shall have been filed with him that by reason of facts stated in the certifi-
cate a stay would, in his opinion, cause imminent peril to life or property.
In such case proceedings shall not be stayed otherwise than by a restrain-
ing order which may be granted by a court of record on application, and
notice to the officer from whom the appeal is taken and on due cause
shown.

6.234. The board of zoning appeals shall fix a reasonable time for
the hearing of the appeal, give public notice thereof, as well as due notice
to the parties ‘in interest, and decide the same within a reasonable time.
Upon the hearing any party may appear in person or by agent or attorney.

6.24. Powers of Board of Zoning Appeals. The board shall have the
following powers:

6.241. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an adminis-
trative official in the enforcement of this act or any ordinance adopted
pursuant thereto.

6.242. To hear and decide uses permissible on appeals and other
special exceptions to the terms of the ordinance upon which such board
is required to pass under such ordinance.

6.243. To authorize upon appeal in specific cases such variance from
the terms of the ordinance as will not be contrary to the public interest

where owing to special conditions a literal enforcement of the provisions

of the ordinance will result in exceptional and peculiar hardship, and so

aaa the spirit of the ordinance shall be observed and substantial justice
one.

6.25. Decisions by the Board of Zoning Appeals. In exercising the
powers conferred upon it the board may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from, and may make such order, requirement, decision or determination
as should be made and to that end shall have all the powers of the ad-
ministrative officer charged by the ordinance with enforcement. The
concurring affirmative vote of three members of the board shall be neces-
sary to reverse any order, requirement, decision or determination of the
administrative officer or to decide in favor of the applicant in any matter
of which it has jurisdiction. The board shall act by formal resolution
which shall set forth the reason for its decision and the vote of each
member participating therein which shall be spread upon its records and
shall be open to public inspection. The board may, upon the affirmative
vote of three members, reconsider any decision made and, upon such
reconsideration, render a decision by formal resolution. Every decision
of the board shall be based upon a finding of fact which may be based on
sworn testimony which finding of fact shall be reduced to writing and pre-
served among its records.

6.26. Appeals from Decisions of Board of Zoning Appeals. Any
person or persons, jointly or severally, aggrieved by any decision of the
board of zoning appeals, or any taxpayer, or any officer, department, board
or bureau of the municipality, may present to a court of record a petition,
duly verified, setting forth that such decision is illegal, in whole or in
part, specifying the grounds of the illegality. Such petition shall be pre-
sented to the court within thirty days after the filing of the decision in
the office of the board.

6.261. Upon filing of the petition the court may cause a writ of
certiorari to issue directed to the board, ordering it to produce within the
time prescribed by the court, not less than ten days, the record of its
action and documents considered by it in making the decision appealed
from, which writ shall be served upon any member of the board. The is-
suance of the writ shall not stay proceedings upon the decision appealed
from but the court may, on application, notice to the board and due cause
shown, issue a restraining order. The board shall not be required to
produce the original record and documents but it shall be sufficient to
produce certified or sworn copies thereof or of such portions thereof as
may be required by the writ. With the record and documents the board
may concisely set forth in writing such other facts as may be pertinent
and material to show the grounds of the decision appealed from, verified
by affidavit.

6.262. The court shall review the record, documents and other
matters produced by the board pursuant to the issuance of the writ and
may reverse or modify the decision reviewed, in whole or in part, when
it is satisfied that the decision of the board is contrary to law or that
its decision is arbitrary and constitutes an abuse of discretion. Unless
it is made to appear that the decision is contrary to law or is arbitrary
and constitutes an abuse of discretion the court shall affirm the decision.
If the court finds that the testimony of witnesses is necessary for a proper
disposition of the matter it may hear evidence.

6.27. Proceedings against Violator of Zoning Ordinance. Whenever
any building or structure is erected, constructed, reconstructed, altered,
repaired or converted, or whenever any land, building or structure is used
in violation of any ordinance adopted in accordance with 6.22 the town
may institute and prosecute appropriate action or proceedings to prevent
such unlawful act and to restrain, correct or abate such violation or to
prevent any unlawful act, conduct or use of such property.

6.28. Penalties for Violations. Said regulations shall be enforced by
a building and zoning inspector who shall be empowered to cause any
building, structure, place or premises to be inspected and examined and
to order in writing the remedying of any condition found to exist in
violation of any provision of the regulations made under authority of this
or the preceding section. Any person convicted of violating any rule or
regulation enacted by ordinance under the zoning powers granted the
council by this charter and general law shall be guilty of a misdemeanor
and upon ——_ shall be subject to such penalties as may be prescribed

y council.

6.3. Subdivision Control. In order to provide for the orderly sub-
division of land within the town and within two miles of the corporate
limits thereof there is hereby conferred upon the town and the county
in which the area outside the town but within two miles thereof is included
the power to adopt regulations and restrictions relative to the subdivision
of land in the manner hereinafter provided. Such regulations and re-
strictions may prescribe standards and requirements for the subdivision
of land which may include but shall not be limited to the following: the
location, size and layout of lots so as to prevent congestion of population
and to provide for light and air; the width, grade, location, alignment
and arrangement of streets and sidewalks with relation to other existing
streets, planned streets and the master plan; access for fire fighting ap-
paratus; adequate open spaces; adequate and convenient facilities for
vehicular parking; easements for public utilities; suitable sites for schools,
parks and playgrounds, planting of shade trees and shrubs; naming and
designation of streets and other public places; laying out and contructing
sidewalks; procedure for making variations in such regulations and re-
strictions; requirements for plats of subdivisions and their size, scale,
contents and other matters; the erection of monuments of specified type
for making and establishing property and street, alley, sidewalk and other
lines; the extent to which and the manner in which new streets shall be
graded, graveled or otherwise improved and water, sewer and other
utility mains, piping, connections or other facilities shall be installed as
a condition precedent to the approval of the plat. Such regulations may
provide that, in lieu of the completion of such work previous to the final
approval of a plat, the council or its designated agents, may accept a bond,
in an amount and with surety or conditions satisfactory to the council
or its designated agents, providing for and securing to the council, the
actual construction and installation of such improvements and utilities
within a period specified by the council or designated agents.

6.31. Hearings on Subdivision Ordinance. The council shall not
adopt or amend any ordinance establishing such regulations and restric-
tions until notice of intention so to do has been published once a week for
two successive weeks in a newspaper of general circulation in the town.
The notice shall specify the time, not less than ten days after final publica-
tion, and the place at which persons affected may appear before the council
and present their views.

6.32. Adoption of Subdivision Regulations. After hearing as above
provided the council may adopt by ordinance any such regulations and
restrictions applicable within the limits of the town and may adopt such
regulations and restrictions applicable in an area outside such limits pro-
vided that such regulations and restrictions applicable in any area outside
such town limits shall not be adopted or become effective or applicable
except in the manner and to the extent provided by the general laws of
the Commonwealth.

6.33. Filing of Regulations. When such regulations have been
adopted, a certified copy thereof and all amendments thereto shall be filed
in the office of the building and zoning inspector and in the office of the
clerk of the circuit court of Hanover County.

6.34. Making and Approval of Plats. Any owner or any proprietor
of any tract of land situated within the corporate limits of the town of
Ashland, who subdivides the same shall cause a plat of such subdivision,
with reference to known or permanent monuments, to be made and re-
corded in the office of the Clerk of the Circuit Court of Hanover County.
No such plat of subdivision shall be recorded unless and until it shall have
been submitted and approved by the town council or its designated agent
in accordance with regulations adopted under this act and so certified by
the person authorized to make such certificate.

6.35. Recording of Plats of Subdivision. From and after the date
on which such regulations and restrictions became effective in the town
or in any area outside the town but within two miles thereof, no plat of any
subdivision to which such regulations and restrictions are applicable shall
be received or recorded by the clerk of any court unless the plat has been
approved as provided in the preceding section. No owner of land in the
town or outside area in which such regulations and restrictions are
applicable, who has subdivided the same into two or more lots, shall sell
or offer sale any such lot by reference to or exhibition of or by the use
of a plat of such subdivision or otherwise before the plat of such sub-
division has been approved as provided in the preceding section and has
pen recorded in the office of the clerk of the circuit court of Hanover

ounty.

6.36. Transfer of Portion for Public Use. The recordation of the
plat shall operate to transfer in fee simple to the town or the county in
which the land lies such portion thereof as is on the plat set apart for
streets, alleys, easements or other public use or purpose and to create a
public right of passage over or use of the same. The owner or owners of
the land subdivided may construct, reconstruct, operate and maintain with
the consent of the town or the county where the land lies, sewers, gas and
water pipes or electric lines along or under the streets, alleys, easements
or other land devoted to public use, provided that it shall not obstruct
or hinder the passage over the streets, alleys or other property devoted
to public use further than is reasonably necessary to construct, reconstruct,
repair, operate and maintain such works.

6.37. Vacation of Recorded Plats. Any plat or part thereof recorded
may be vacated, with the consent of the council or of the governing body
of the county wherein the land lies or both where the plat has been ap-
proved by both, by the owners thereof at any time before the sale of any
lot therein, by a written instrument declaring the plat to be vacated which
shall be duly executed, acknowledged and recorded in the clerk’s office
wherein the plat to be vacated is recorded. The execution and recorda-
tion of the instrument shall operate te destroy the force and effect of the
recording of the plat and to divest all public rights in and to reinvest
the owners with the title to the streets, alleys, easements and other land
devoted to public use laid out or described in the plat. In cases where
lots have been sold the plat or part thereof may be vacated upon the appli-
cation of the owners of the lots in the plat and with the approval of
the council or governing body of the county, or both where the plat has
been approved by both, and shall not be vacated otherwise. The clerk
in whose office any plat so vacated has been recorded shall write in plain,
legible letters across the plat or part thereof vacated the word “vacated”
and also make a reference on the plat to the volume and page thereof in
which the instrument of vacation is recorded.

6.38. Violation of Subdivision Regulations. In case of any violation
or attempted violation of the provisions of this act, or of any of the pro-
visions of the regulations adopted as authorized in this act, the council,
in addition to other remedies, may institute any appropriate action or
proceedings to prevent such violation or attempted violation, to restrain,
correct, or abate such violation or attempted violation, or to prevent any
act which would constitute such a violation. Any owner or proprietor of
any tract of land who subdivides that tract of land and who violates any
of the provisions of the regulations adopted as authorized in this act
shall be guilty of a misdemeanor, punishable by a fine of not less than ten
dollars and not more than two hundred and fifty dollars, and each day
after the first, during which violation shall continue, shall constitute a
separate violation.

6.4. Present Master Plan, Comprehensive Zoning Plan, and Subdivi-
sion Regulations. Portions of the master plan, and the comprehensive
zoning plan as heretofore adopted, approved, and filed, with all amend-
ments thereto, and the subdivision control regulations as heretofore
adopted, approved, and filed, with all amendments thereto, are hereby vali-
dated and confirmed as if the same had been prepared, adopted, approved
and filed in accordance with the provisions of this article. Every amend-
ment or addition thereto or extension thereof and every other master plan
or portion thereof, or comprehensive zoning ordinance, or subdivision
control ordinance henceforth adopted shall be in accordance with the pro-
visions of this article. Where existing ordinances are at variance with
the provisions of this article they shall be deemed to be amended in ac-
cordance with the provisions of this article.

ARTICLE VII—GENERAL PROVISIONS

7.1. Officers to Hold Over Until Their Successors Are Appointed and
Qualified. Whenever under the provisions of this charter any officer of
the town or member of any board or commission is elected or appointed
for a fixed term, except the mayor and vice-mayor, such officer or member
shall continue to hold office until his successor is appointed and qualified.

7.2. Present Ordinances and Rules and Regulations Continued in
Effect. All ordinances of the town and all rules, regulations and orders
legally made by any department, board, commission or officer of the town,
in force at the effective date of this charter, insofar as they or any portion
thereof are not inconsistent herewith, shall remain in force until amended
or repealed in accordance with the provisions of this charter.

7.8. General Powers. The town of Ashland and all the officers
thereof elected or appointed in accordance with the provisions of this act
shall be clothed with all the powers and subject to all the provisions of
general law not in express conflict with the provisions of this act.

7.4. Constitutionality. If any clause, sentence, paragraph, section or
part of this act shall, for any reason, be adjudged by any court of com-
petent jurisdiction to be unconstitutional or invalid, said judgment shall
not affect, impair or invalidate the remainder of said act, but shall be
confined in its operations to the clause, sentence, paragraph, section or
part thereof directly involved in the controversy in which said judgment
shall have been rendered.

7.5. Repealing Clause. All acts or parts of acts in conflict with this
charter insofar as they affect the provisions of this charter, and all former
charters and amendments thereto for the town of Ashland, Virginia, are
hereby repealed.
7.6. Citation of Act. This act may for all purposes be referred to or
cited as the Town of Ashland Charter of 1952.
2. An emergency exists and this act is in force from its passage.