CHAPTER 574

An Act to provide a charter for the town of Mt. Jackson, in the county of
Shenandoah; and to repeal Chapter 141 of the Acts of Assembly of
1887-1888, as amended, which chapter provided a charter for the town
of Mt. Jackson.

[fH 507]

Approved April 3, 1952
Be it enacted by the General Assembly of Virginia:
ARTICLE I
THE TOWN CORPORATE
1. (1) The inhabitants of the territory comprised within the limits of
the town of Mt. Jackson, as such limits are hereinafter set out or as the
same may be hereafter altered and established by law, shall constitute and
continue a body, politic and corporate, to be known and designated as the
town of Mt. Jackson, and as such shall have and may exercise all powers
which are now or hereafter may be conferred upon or delegated to towns
under the Constitution and laws of the Commonwealth of Virginia, as
fully and completely as though such powers were specifically enumerated
herein, and no enumeration of particular powers by this charter shall be
held to be exclusive, and shall have, exercise and enjoy all the rights, im-
munities, powers and privileges and be subject to all the duties and
obligations now appertaining to and incumbent on said town as a muni-
cipal corporation, and shall have perpetual succession, may sue and be
sued, implead and be impleaded, contract and be contracted with, and may
have a corporate seal which it may alter, renew, or amend at its pleasure
by proper ordinance.

| ARTICLE II
CORPORATE LIMITS

1. (1) The corporate limits of the town of Mt. Jackson are hereby
established as follows: Beginning at an iron pin, west edge of an old road
and the north edge of the Shenandoah River; thence N. 514° W. 154.5’ to
a stake, south edge of road; thence N. 31° 35’ W. 920’ to a stake on the
southwest edge of road; thence N. 49° 25’ W. 2438’ to a stake in a field,
this line crosses U. S. Highway at 638 feet and the Southern Railroad at
959 feet; thence S. 39° 05’ W. 3544’ to a stake on the bank of Mill Creek
at an old dam, this line crosses Orkney Grade at 3495 feet; thence down
Mill Creek as follows: S. 27° E. 265’ to a stake, north bank of Mill Creek;
thence 8. 714° E. 760’ to a point on the east end of Public Road Bridge;
thence S. 3714° E. 310’ to a stake near a light pole; thence S. 52° E. 296’
to a stake on Southern Railroad right of way, this line crosses Mill Race;
thence S. 44° E. 359’ to a stake; thence S. 54° E. 810’ to a point on walk
of U. S. Highway Bridge at the north end of bridge; thence S. 67° E. 140’
to a point 10 feet south of a stake; thence S. 4314° E. 650’ to a point 21
feet southwest of a stake; thence N. 7434° E. 380’ to a stake; thence S.
8014,° E. 218’ to a stake; thence N. 4634° E. 95’ to a stake, mouth of Mill
Creek and west bank of Shenandoah River; thence down the river as fol-
lows: N. 5334,° W. 414’ to a stake; thence N. 2014° W. 392’ to a stake ;
thence N. 1934,° E. 117’ to a stake; thence N. 2014° E. 750’ to a point in
the Street or Road at the west end of Bridge; thence N. 6° E. 560’ to a
stake; thence N. 10° E. 560’ to a stake; thence N. 32° E. 254’ to a stake;
thence N. 78° E. 590’ to a stake; thence N. 7514° E. 346’ to a stake; thence
5S. 83814° E. 650’ to a stake; thence S. 5414° E. 183’ to the beginning.

ARTICLE III
ADMINISTRATION AND GOVERNMENT

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

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

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

_ (4) The council shall judge of the election, qualification, and returns
of its members; may fine them for disorderly conduct, and, with the con-
currence of two-thirds, expel a member. If any person returned be ad-
judged disqualified, or be expelled, a new election to fill the vacancy shall
be held on such day as the council may prescribe. Any vacancy occurring
otherwise during the term for which such person was elected shall be
filled by the council by the appointment of any one eligible to such office.
In the event of the failure of the Council to fill such vacancy within fifteen
days then the circuit court shall make such appointment to fill the vacancy.
A vacancy in the office of mayor shall be filled by the council from the
electors of the town, and any member of the council may be eligible to
fill such vacancy.

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

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

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

(8) Every ordinance, or resolution having the effect of an ordinance,
shall, before it becomes operative be presented to the mayor. If he ap-
proves, he shall sign it, but if not, he may return it, with his objections
in writing, to the town clerk who shall enter the mayor’s objections at
length on the minute book of the council. The council shall thereupon
proceed to reconsider such ordinance or resolution. If, after such con-
sideration, two-thirds of all the members elected to the council shall agree
to pass the ordinance or resolution, it shall become operative notwith-
standing the objection of the mayor. In all such cases the votes of mem-
bers of the council upon such reconsideration and the names of the mem-
bers voting for and against the ordinance or resolution shall be entered
on the minute book of the council. If any ordinance or resolution shall
not be returned by the mayor within five days (Sunday excepted) after
it shall have been presented to him, it shall become operative in like
manner as if he had signed it, unless his term of office or that of the
council, shall expire within said five days.

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

(10) The council shall, by ordinance, fix the time and place for their
regular meetings, which shall be held at least once a month. Special meet-
ings may be called by the clerk at the instance of the mayor or any two
members of the council in writing; and no other business shall be trans-
acted at a special meeting except that stated in the call, unless all members
be present and consent to the transaction of such other business. The
meetings of the council shall be open to the public except when in the
judgment of the council the public welfare shall require executive meetings.

(11) The council shall keep a minute book, in which the clerk shall
note the proceedings of the council, and shall record proceedings at large
on the minute book and keep the same properly indexed.

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

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

(14) The treasurer shall make such reports and at such time as the
council may prescribe. The books and accounts of the treasurer shall be
examined and audited at least once during the term for which he is elected
by a competent accountant selected by the Auditor of Public Accounts of
Virginia, such examination and audit to be reported to the council.

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

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

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

(18) The council may appoint a trial justice for the town who shall
serve for a term of two years or until his successor is appointed by
the council and qualifies. The mayor, or any other qualified voter of
the town of Mt. Jackson whom the council deems qualified, may be ap-
pointed by it as such trial justice. If the mayor is appointed as trial
justice he shall discharge such duties as the trial] justice of the town under
this charter and not as the mayor of the town, in addition to the execution
of the duties of the mayor imposed upon him by this charter; and his
powers, duties, authority and jurisdiction as such trial justice shall be
as hereinafter provided for the trial justice, he shall receive the salary
of mayor provided by the council for the discharge of his duties as mayor
as well as such salary of trial justice as may be provided by the council,
if any.

The trial justice is hereby vested with all the power, authority and
jurisdiction and charged with all the duties within and for the town of
Mt. Jackson, and in criminal matters for one mile beyond the corporate
limits thereof which are or may hereafter be, conferred upon the trial
justice by the laws of the State of Virginia, so far as the same may be
applicable, and not in conflict with the provisions of this charter; and
any amendments of the trial justice laws of this State shall be considered
as amendments also of this section of this charter if the same are appli-
cable hereto.

Fees and costs shall be assessed by the trial justice and shal] be
collected as provided by the laws of the State of Virginia relating to
trial justices as the same shall now be or as hereafter amended. All fees
and costs collected by the said trial justice and all fines collected for viola-
tions of all laws and ordinances of the town shall be paid into the town
treasury for the use and benefit of the town. ,

Removals may be taken, and appeals from the decisions of the trial
justice may be taken, to the Circuit Court of Shenandoah County in the
same manner, upon the same terms and shall be tried in the same way
as removals, or as appeals from the decision of trial justices, as the case
may be, are provided to be taken and tried by the laws of the State of
Virginia, relating to trial justices as the same shall now be or as here-
after amended.

_ The council may also appoint such clerk or clerks as may in their
discretion be necessary, provide for just compensation therefor and pro-
vide necessary records.

The council of said town shall provide a salary to compensate such
trial justice in such amount and payable at such times as the council shall
deem proper, and the council may provide also for a vacation period,
either with or without pay, and for such duration as in the judgment
of the council may be proper.

Like provisions may be made for a substitute justice, and when such
substitute acts, he shall receive the compensation which would have been
paid him had the principal acted, and which compensation shal] be de-
ducted from salary or allowance made to the principal.

The town of Mt. Jackson may combine with the county of Shenandoah
for the use of one trial justice and one substitute trial justice for such
combined town and county, in such manner as may be provided by the
laws of the State of Virginia relating to trial justices; and if the town
of Mt. Jackson and the county of Shenandoah shall at any time combine
for the use of one trial justice and one substitute trial justice for the said
town and the said county, the laws of the State of Virginia relating to
trial justices, so far as applicable, shall control and not this section of
this charter.

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

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

ARTICLE IV
TAXATION AND FINANCES

1. (1) The Town Council shall have control of taxation and finances
for its municipal purposes. It shall have the following powers:

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

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

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

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

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

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

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

(9) To license and regulate the holding and location of shows, cir-
cuses, public exhibitions, carnivals, and other similar shows or fairs, or
prohibit the holding of the same, or any of them within the limits of the
town ; provided that the license fee for holding any of the foregoing within
one mile of the town shall only be sufficient to provide regulation and
protection.

(10) To impose licenses by ordinance upon businesses, trades, pro-
fessions or callings, and upon persons, firms, associations or corporations
engaged therein or offering to do business within the boundaries of the
town, whose principal office is or is not located in the town, except when
prohibited by general law, whether or not a license may be required there-
for by the State. The fee for such license may exceed the State license
fee if any be required. .

(11) Licenses may also be imposed upon and a fee therefor collected
from persons, firms, or corporations selling and delivering at the same
time at other than a definite place of business, goods, wares or merchan-
dise, to licensed dealers or retailers in the town, but there shall be no
license tax imposed upon those who sell or offer the sale in person or by
their employees ice, wood, charcoal, meats, milk, butter, eggs, poultry,
fish, oysters, game, vegetables, fruits or other family supplies of a perish-
able nature or farm products grown or produced by them and not pur-
chased by them for sale, nor, shall there be imposed any license tax upon
any dairyman who uses upon the streets of the town one or more wagons
and/or trucks in selling and delivering from his wagons and/or trucks
milk, butter, cream and eggs in such town.

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

(18) A lien shall exist on all real estate within the corporate limits
for taxes, levies, penalties or assessments in favor of the town, levied or
assessed thereon from the commencement of the year for which the same
was levied or assessed, and the penalties and procedure for collecting such
taxes and for selling real estate for town taxes shall be the same as
provided by the general laws of this Commonwealth. The council shall
have benefit of all other remedies for the collection of town taxes which
are now, or may hereafter be permitted under the general laws of the
State, including the power to distrain goods and chattels for failure to
pay taxes levied thereon.
1. The Town Council shall have the following powers:

(1) To acquire by purchase, gift, devise, condemnation, or otherwise,
property, real or personal, or any estate therein within or without the
town, for any purpose of the town, not inconsistent with the general law,
and the Constitution of Virginia, and to hold, improve, sell, lease, mort-
gage, or pledge, or otherwise dispose of the same or any part thereof,
including any property now owned by the town.

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

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

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

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

(6) To construct, purchase, maintain, regulate and operate public
improvements of all kinds, including municipal and other buildings,
armories, sewage disposal plans, jails, comfort stations, markets and all
buildings and structures necessary or appropriate for the use and proper
operation of various departments of the town and to acquire by con-
demnation or otherwise all lands, riparian and other rights and easements
necessary for such improvements, or any of them, and, either within or
without the town to construct, maintain, or aid therein, roads and bridges
to any property owned by the said town, and situated beyond the corporate
limits thereof, and to acquire land necessary for the aforesaid uses by
condemnation or otherwise.

ARTICLE VI
UTILITIES

1. The Town Council shall have the following powers:

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

(2) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands, property
rights and riparian rights as the council of the town may deem necessary
for the purpose of providing an adequate water supply to the town and
piping and conducting the same; to lay, erect and maintain all necessary
mains and sewer lines, either within or without the corporate limits of
the town, and to require abutting property owners within such corporate
limits to connect therewith, 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 therefor; to erect and maintain
all necessary dams, pumping stations and other works in connection
therewith; to make reasonable rules and regulations promoting the purity
of its water supply and for protecting the same from pollution; and for
this purpose to exercise full police powers and sanitary patrol over all
land comprised within the limits of the watershed, tributary to any such
water supply wherever such lands may be located in this State; to 1m-
pose and enforce adequate 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.

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

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

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

(6) To establish, impose and enforce the collection of water and
sewage rates, and rates and charges for public utilities, or other services,
products, or conveniences, operated, rented, or 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 charge directly against the owner
or owners of the building, or against the proper tenant or tenants; and
may by ordinance require a deposit of such reasonable amount as it may
prescribe before furnishing such service either to owner or tenant.

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

(1) The town shall have the power to acquire, establish, enter, open,
widen, extend, grade, improve, construct, maintain, and clear public high-
ways, streets, sidewalks, boulevards, parkways, alleys, and to alter, vacate,
or close the same; to establish and maintain parks, golf courses, play-
grounds and public grounds and to keep them lighted and in good order;
to construct, maintain and operate bridges, viaducts, subways, tunnels,
sewers and drains, and to regulate the use of all such highways, parks,
public grounds and works; to plant and maintain or remove shade trees
along the streets and upon such public grounds; to prevent the obstruction
of such streets, alleys and highways, to regulate the operation and speed
of cars and vehicles within the streets and highways within the town;
and to do all other things whatsoever adapted to make the streets and
highways safe, convenient and attractive.

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

ARTICLE VIII
BUILDING REGULATIONS

1. The Town Council shall have the following powers:

(1) To regulate the size, height, materials and construction of build-
ings, fences, walls, retaining walls and other structures hereafter erected
in such manner as the public safety and convenience may require; to
remove or require to be removed or reconstructed any building, structure
or addition thereto which by reason of dilapidation, defect or structure,
or other causes may become dangerous to life or property, or which may
be erected contrary to law.

(2) To provide for regular and safe construction of houses in the
town for the future and to provide a building code for the town; to pro-
vide setback lines on the streets beyond which no buildings may be con-
structed if permitted by general law; to require the standard of all dwell-
ing houses to be maintained in residential sections in keeping with the
majority of residences therein, and if permitted by general law to require
the standard of all business houses to be maintained in business sections
in keeping with the majority of the business houses therein.

(3) To make and adopt a comprehensive plan for the town and to
that end all plats and replats hereafter made subdividing any land within
the town, or within one mile thereof, into streets, alleys, roads and lots
or tracts, shall be submitted to and approved by the council before such
plats or replats are filed for record, or recorded, in the office of the clerk
of Shenandoah County, Virginia.

(4) To issue, or refuse (in case of noncompliance with the building
requirements of the town) to issue, permits for the construction of build-
ings, fences, walls and other structures in the said town; and any person,
firm or corporation failing to secure such permit prior to the beginning
of said construction or other work shall be deemed guilty of a misdemeanor
and punished as hereinbefore provided.

ARTICLE IX
ADDITIONAL POWERS

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

(1) To compel the abatement and removal of all nuisances within
the town or upon property owned by the town without its limits at the
expense of the person or persons causing the same or of the owner or
occupant of the ground or premises wherein the same may be, and to
collect said expense by suit or motion or by distress and sale; to require
all lands, lots and other premises within the town to be kept clean and
sanitary and free from stagnant water, weeds, filth, and unsightly deposits,
or to make them so at the expense of the owners or occupants thereof,
and to collect said expense by suit or motion or by distress and sale; to
regulate or prevent noisome or offensive business within the said town,
or the exercise of any dangerous or unwholesome business, trade, or
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 unnecessary noise; to regulate the location of stables and the
manner in which the same shall be constructed and kept; to regulate the
location, construction, operation, and maintenance of bill boards and signs;
and generally to define, prohibit, abate, suppress, and prevent all things
detrimental to the health, morals, aesthetics, safety, convenience and wel-
fare of the inhabitants of the town; and to require all owners or occupants
of property having public sidewalks adjacent thereto to keep the same
clean and sanitary, free from weeds, filth, unsightly deposits, ice and snow,
and any obstruction.

(2) To extinguish and prevent fires, and to establish, regulate, and
control a fire department or division; to establish and designate from time
to time fire limits, within which limits wooden buildings shall not be con-
structed, 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; to enact
stringent and efficient laws for securing the safety of persons from fires
in halls and buildings used for public assemblages, entertainments or
amusements.

(3) To direct the location and construction of all buildings for stor-
ing explosives or combustible substances; to regulate the sale and use of
gunpowder, nitroglycerin, fireworks, kerosene, gasoline, and other like
material; to regulate or prevent the exhibition of fireworks, the discharge
of firearms, and the making of bonfires within the corporate limits of
said town.

(4) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect all
foodstuffs and prevent the introduction and sale in said town of any
articles or thing intended for human consumption which is adulterated,
impure, or otherwise dangerous to health, and to condemn, seize, and
destroy or otherwise dispose of any such article or thing without liability
to the owner thereof; to prevent the introduction or spread of contagious
or infectious diseases, and prevent and suppress disease generally; to
provide and regulate hospitals within or without ‘the town limits, and if
necessary to the suppression of disease, to enforce the removal of persons
affected with contagious or infectious diseases to. hospitals provided for
them; to provide for the organization of a department or bureau of health,
to have the powers of a board of health for the town, with authority
necessary for the prompt and efficient performance of its duties, with the
power to invest any or all of the officials or employees of such department
of health with such powers as the police officers of the town have, to
establish quarantine ground within or without the town, and establish
and enforce such quarantine regulations against contagious and infectious
diseases as the council may see fit, subject to the laws of the State and the
United States.
(5) To provide for the care, support and maintenance of children
and of sick, aged, insane, or poor persons and paupers.

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

(7) To regulate poultry or other fowl, hogs, dogs or other animals
being kept in or running at large in the town, or any thickly populated
portion thereof, and to subject the same to such taxes, regulations and
penalties as the council may think proper.

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

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

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

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

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

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

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

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

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

(17) To pass and enforce all by-laws, rules, regulations, and ordi-
nances which it may deem necessary for the good order and government
of the town, the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health, and protection of
the citizens and their property, and to do such other things and pass such
other laws as may be necessary or proper to carry into full effect all
powers, authority, capacity or jurisdiction, which is or shall be granted
to or vested in said town, or in the council, court or officers, thereof, or
which may be necessarily incident to a municipal corporation.

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

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

(20) To provide by ordinance a system of meat and milk inspection,
and appoint milk and meat inspectors, agents, or officers to carry the same
into effect ; to prevent, license, regulate, control, and locate slaughter houses
within or without the corporate limits of the town; and for such services
of inspection to make reasonable charges; and to provide reasonable
penalties for the violation of such ordinances.

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

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

(23) To make and enforce ordinances, in so far as not prohibited by
the general laws of this State, to regulate, control, license and/or tax the
manufacture, bottling, sale, distribution, transportation, handling, adver-
tising, possession, dispensing, drinking and use of alcohol, brandy, rum,
whiskey, gin, wine, beer, lager beer, ale, porter, stout, and all liquids,
beverages and articles containing alcohol by distillation, fermentation or
otherwise.

(24) To require every owner or operator of motor vehicles residing
in the town, on a date to be designated by the council, to annually register
such motor vehicles and to obtain a license to operate the same by making
application to the Treasurer of the town, or such other person as may be
designated by the council; to issue such license, and to require the owner
to pay the annual license fee therefor to be fixed by the council, provided
that the license fee shall not exceed the amount charged by the State on
such machines. The council shall have the right to require the operator of
the motor vehicle to attach a proper license plate on a conspicuous part of
the motor vehicle and to keep same thereon in plain view for common
observation. The council may prorate such license fee over periods of not
less than three months.

(25) In so far as not prohibited by general law, to control, regulate,
limit and restrict the operation of motor vehicles carrying passengers for
hire upon the streets or alleys of the town; to regulate the use of automo-
biles and other automotive vehicles upon the streets; to regulate the routes
in and through the town to be used by motor vehicle carriers operating in
and through the town and to prescribe different routes for different car-
riers; to prohibit the use of certain streets by motor trucks; and generally
to prescribe such regulations respecting motor traffic therein as may be
necessary for the general welfare and safety.

26) To make and enforce ordinances, not inconsistent with the laws
of this State.

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

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

ARTICLE X
ACTIONS AGAINST TOWNS

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

ARTICLE XI
MISCELLANEOUS

1. (1) If any clause, sentence, paragraph, or part of this act shall for
any reason be adjudged by a court of competent jurisdiction to be invalid,
such judgement shall not affect, impair or invalidate the remainder of the
act, but shall be confined in its operation to the part of the act directly
involved in the controversy in which the judgement shall have been
rendered.

(2) That nothing contained in this act, shall be construed to invali-
date or to, in any manner, affect the present existing indebtedness, and
hiabilities of the town of Mt. Jackson, whether evidenced by bonded obliga-
tions or otherwise.

(3) All ordinances in force in the town of Mt. Jackson, not incon-
sistent with this charter, shall be and remain in force until altered,
amended or repealed by the council.

(4) This act may for all purposes be referred to or cited as the Town
of Mt. Jackson Charter of 1952.

2. Chapter 141 of the Acts of Assembly of 1887-1888, as amended, is
repealed.
8. An emergency exists and this act is in force from its passage.