CHAPTER 126

An Act to amend and reenact § 83 of Chapter 480 of the Acts of Assembly
of 1940, approved April 2, 1940, which chapter provided a charter for
the town of Holland; the amended section relating to the interment of
the dead.

[H 243]

Approved March 9, 1966

Be it enacted by the General Assembly of Virginia:
1. That § 3 of Chapter 430 of the Acts of Assembly of 1940, approved
April 2, 1940, be amended and reenacted as follows:

§ 3. Powers of the Town of Holland.

The town of Holland, in addition to the powers mentioned in Section
1 arate shall have the following powers and privileges, to the extent

that they or any of them, may not be prohibited by, or inconsistent with,
ond the Constitution or the general laws of the Commonwealth of
irginia:

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

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

Third: To fix or set, levy and collect taxes and assessments on per-
sons and property; and to impose special or local assessments for local
improvements and to enforce payment thereof, subject to such limitations
prescribed by the Constitution and general laws of Virginia as may be in
force at the time of the imposition of such special or local assessments.

Fourth: Except when prohibited by general law: To impose, fix or
set, levy and collect a license tax, fee or assessment for the conduct, main-
tenance or operation of privileges, amusements, business, professions, occu-
pations or callings; to issue a license or permit and collect charges, or fees
therefor and to prorate license fees or charges for the unexpired portion
of the fiscal year.

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

Sixth: To expend the money of the town for all lawful purposes.

Seventh: To acquire by purchase, gift, devise, condemnation or
otherwise, property, real or personal, or any estate therein, within or with-
out the town, for the use and benefit thereof, and to hold, improve, sell,
lease, mortgage the same or any part thereof, including any property now
owned by the town.

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

Ninth: To own, operate and maintain water works and to acquire in
any lawful manner, in any county of the State or from the United States
government such water, lands, property rights and riparian rights as the
council of said town may deem necessary for the purpose of providing an
adequate water supply to said town and of piping or conducting the same;
to lay all necessary mains and service lines, within or without the cor-
porate limits of said town; 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 patrol over all lands comprised within the limits
of the water shed tributary to any such water supply, wherever such lands
may be located within this State; to impose 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 said town may exercise within the State all
powers of eminent domain provided by the laws of this State.

Tenth: To acquire, construct, own, operate or maintain electric light
or gas works, either within or without the corporate limits of said town,
and to supply gas or electricity whether the same be generated or pur-
chased by the town, to the customers or consumers, both within and with-
out the corporate limits of said town, at such price and upon such terms
as may be prescribed and to that end, it may contract to purchase elec-
tricity or gas from the owners thereof upon such terms as it may deem
necessary or expedient. 7 :

Eleventh: To establish, impose and enforce the collection of water,
light, gas and sewerage rates, and rates and charges for other services,
products, or conveniences operated or furnished by the town; and the said
counci] may prescribe a different rate to be paid for such services and
conveniences rendered to users or customers without the corporate limits
of said town. _ :

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

same.

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

Fourteenth: To establish, construct, maintain sanitary sewers, sewer
lines, or cisterns and to require the abutting property owners to connect
therewith, and to establish, construct, maintain and operate sewerage dis-
posal plants, and to acquire by condemnation or otherwise, within or with-
out the town, all lands, rights of way, and other rights and easements
necessary for the purpose aforesaid, and to assess, charge and collect rea-
sonable fees, licenses, taxes, assessments or costs of service for connecting
with and using the same and such fees, licenses, taxes, assessments or costs
of service shall be collected by the town as other taxes and levies are

Fifteenth : To grant franchises for public utilities, subject to the
isions of the Constitution and general laws of the Commonwealth of

Vi

Sixteenth: To collect and dispose of sewerage, offal, ashes, garbage,
earcasses of dead animals and other refuse, and to make reasonable
charges therefor; to acquire and operate reduction or other plants for
the utilization or destruction of any or all of said materials, to contract,
regulate and collect for the disposal thereof, and to require or regulate
the disposal thereof.

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

Eighteenth: The council may, in its discretion, appoint a board of
health for the town and invest it with authority for the prompt and
efficient performance of its duties. mS gt

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

Twentieth: To prevent or extinguish fires, and to establish, regulate,
and control a fire department or division; to regulate the size, heights,
materials and construction of buildings, fences, walls, retaining walls or
other structures hereafter erected, in such manner as the public safety
or 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 or designate from time to time fire limits, within which
limits wooden buildings shall not be constructed, removed to, added to,
enlarged, or repaired and to direct that any and all future buildings
within such limits shall be constructed of stone, natural] or artificial, con-
crete, brick, iron or other fireproof material; 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.

Twenty-one: To charge and collect fees for permits to use public
facilities or for public service or privileges. 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 service to citizens within the corporate limits.

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

Twenty-three: To provide, permit or prohibit the establishment of
places for the interment of the dead in or near the town and regulate the
same and also those heretofore established and to provide in or near the
town lands to be used as burial places for the dead, providing land for the
same be secured; otherwise, to provide for the same as near as may be to
the town; to improve and care for the same and the approaches thereto, and
to charge for and regulate the use of the ground therein; and to provide
for the perpetual upkeep and care of any plot or burial lot therein; the
town is authorized to take and receive sums of money by gift, bequest,
or otherwise, to be kept invested and the income therefrom used in and
about the perpetual upkeep and care of the said lot or plot for which the
said donation, gift, or bequest shall have been made.

If tt be desired at any time to establish a cemetery for use of the town,
or to enlarge any such cemetery already established, and the title to land
needed cannot be otherwise acquired, land sufficient for the purpose may
be condemned as provided by general law. The title to any land acquired by
condemnation, purchase, or gift for such purpose shall vest in the town.

Twenty-four: To exercise full police powers and establish and main-
tain a department or division of police.

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

Twenty-six: To license and regulate the holding and location of
shows, circuses, public exhibitions, carnivals or similar shows or fairs, or
prohibit the holding of the same or any of them within the town.

Twenty-seven: To require every owner of a motor vehicle to register

annually such motor vehicle and obtain a license to operate the same by
making application to the treasurer of said town and to require said
owner to pay an annual license fee therefor, to be fixed by the council, but
said license fee shall not exceed the amount charged by the State on said
machine.
_ Twenty-eight: To make and enforce ordinances to regulate, control,
license and/or tax the manufacture, bottling, sale, distribution, trans-
portation, handling, advertising, possession, dispensing, drinking and use
of alcohol, brandy, rum, whiskey, gin, beer, lager beer, ale, porter, stout,
and all liquids, beverages and articles containing alcohol obtained by
distillation, fermentation or otherwise, provided, however, that no such
ordinances 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 alcoholic beverages, liquids, and articles.

Twenty-nine: To do all things whatsoever necessary or expedient and
lawful to be done, for promoting or maintaining the general welfare,
comfort, education, morals, peace, government, health, trade, commerce,
or industries of the town or its inhabitants.

Thirty: To prescribe any penalty for the violation of any town
ordinance, rule, or regulation or of any provision of this charter, not ex-
ceeding five hundred dollars or twelve months’ imprisonment in jail, or both.

_ Thirty-one: To prohibit and punish mischievous, wanton, or mali-
cious damage to school and public property and private property.

Thirty-two: To prohibit from and punish minors for frequenting,
playing in, or loitering in any public poolroom, billiard parlor or tenpin
alley, and to punish any proprietor or agent thereof for permitting same.

Thirty-three: To pass and enforce all bylaws, rules, regulations,
and ordinances which it may deem necessary for the good order and gov-
ernment of said town, the management of its property, the conduct of its
affairs, the peace, comfort, convenience, order, morals, health and pro-
tection of its citizens or their property, and to do such other things and
pass such other laws as may be necessary or proper to carry into full effect,
all power, authority, capacity, or jurisdiction, which is or shall be granted
to or vested in said town, or in the council or officers thereof, or which may
be necessarily incident to a municipal corporation.

Thirty-four: The town of Holland may maintain a suit to restrain
by injunction the violation of any ordinance, notwithstanding punishment
may be provided for the violation of such ordinance.

Thirty-five: To provide, by ordinance, that where a fine imposed
upon any person for violation of a town ordinance shall not be promptly
paid the official trying the case may, in his discretion, either commit such
person to jail until such fine and costs following the same shall be paid,
but in no case longer than two months, or require him to work out such fine
and costs on the streets or other improvements of the town at a rate per day
equivalent to the prevailing wages for similar work at that time, in the
town of Holland.

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