Chap. 302.—An ACT to amend and re-enact chapters 4 and 5 of an
act approved March 3, 1580, entitled an act to amend and re-enact
the charter of the city of Lynchburg.

Approved May 18, 1887.

1. Beit enacted by the general assembly of Virginia, That
chapters four and five of an act approved on the third day of
March, eighteen hundred and eighty, entitled an act to amend
and re-enact the charter of the city of Lynchburg, be
amended and re-enacted so as to read as follows:

CHAPTER IV.
CORPORATION COURT; MAYOR, HIS DUTIES, &@.

§1. The jurisdiction of the corporation court shall extend
to the corporate limits of the city and to a space of one mile
without and around said limits, except that the same shall
not extend further into the county of Amherst than the cor-
porate line.

§$2.. The mayor shall be elected by the qualitied voters of
the city for the term of two years. ‘Lis salary shall be tixed
by the ordinances of the city, and paid as therein directed;
and the salary of a mayor shall not be diminished during his
term of office.

§3. The duties and powers of the mayor with reference to
his supervision over the conduct of municipal officers and the
general affairs of the city shall be such as are prescribed by
the constitution and Jaws of the State.

$+. It shall be bis duty to enforce the laws and ordinances
of the city and all orders and resolutions of the council.

$5. He shall report to the council, as often as it may re-
quire, all moneys received by him for the use of the city
from. fines, forfeitures, and taxes under the ordinances and
laws of the city, and shall pay the same over at such times
as he may be required.

&6. In criminal cases under the laws of the State, he shall
exercise all the power and authority of a justice of the peace
within the limits of the jurisdiction of the corporation court,
as given above; and in enforcing the laws and ordinances of
the city, he shall have authority to impose and collect all
fines and penalties, and inflict such other punishments as by

said laws and ordinances are ordained as a pevalty for any
bre: ach thereof. |

€7. In civil suits his jurisdiction within the corporate limits
shall be the same witb a justice of the peace, except that the
maximum limit of such jurisdiction within the corporate
limits shall be one hundred dollars, and when the matter in
controversy, exclusive of costs, does not exceed twenty dol-
lars, his judgement shall be final.

§ 8. An appeal may be taken from the judgment of the
mayor in imposing penalties for infraction of the city ordi-
nances to the corporation ‘court of the city, except in cases
when the penalty imposed is a fine not exceeding twenty dol-
lars, in which it shall be final.

§ 9. The mayor shall have power to enforce the payment
of any fine or penalty imposed by him for any infraction of
& city ordinance by imprisonment in the city jail.

§10. The mayor shall hold a court every day, except Sun-
day, to take cognizance of such cases as may be brought
before him under the laws of the Stato or the ordinances of
the city. ,

§11. Whenever the mayor shall remove or suspend any
city officer, he shall report the fact with bis reasons therefor,
to the council at its next regular meeting.

§12. In case of the absence or inability of the mayor, the
president of the council, or such aldermen as may be desig-
nated by the council, shall act as mayor, and shall possess
the same powers and discharge the same duties as the mayor
during such absence or inability.

» §13. In case a vacancy occurs in the office of mayor, the
same shall be filled by the council, until such vacancy is filled
by any election by the people according to law.

§14. The corporation court of the city may remove the
mayor from office for malfeasance, misfeasance, and gross
neglect of official duty, and such removal shall be deemed a
vacation of the office. All proceedings under this section
shall be by order of or motion before said court, upon reason-
able notice to the party to be effected thereby.

§15. Every such act, ordinance, resolution, and proceeding
of the council, as is described in section five of chapter tive
of this charter, shall be submitted to the mayor for his ap-
proval or disapproval. If he approve the same, he shall sign
it and forthwith return it. If be shall disapprove it, he shall
Within three days (Sundays excepted), return it to the coun-
cil with bis objections in writing, and the clerk of the coun-
cil shall immediately endorse on it the precise date of such
return. If the mayor shall fail so to return within three
days any such act, ordinance, resolution, or proceeding, with
his approval or his objections, the same shall take effect as if
it had been approved and returned as aforesaid.

CHAPTER V.
CITY COUNCIL; POWERS, DUTIES, &¢.

§1. The council of the city shall be composed of five mem-
bers from each ward, who shall be elected by the electors of
their respective wards, and shall continue in office two years.

§2. The council shall elect one of its members to act as presi-
dent, who shall preside at its mectings, and when he shall,
from any cause, be absent or unable to act, it may appoint a
president pro tempore. The president may at any time call
& meeting the council, and in case of his absence, inability, or
refusal, the council may be convened by the order, in writing,
of any three members, addressed to its clerk. The members
of the city council shall receive no compensation for their
Bervices.

§ 3. The council shall have authority to adopt such rules,
and appoint a clerk and such other officers as it deems proper
and necessary for the regulation of its proceedings and the
convenient transaction of business, to compel the attendance
of absent members; to punish members for disorderly be-
haviour, and, by a vote of two-thirds of its whole number,
to expel a member for misconduct in office. It shall keep a
journal of its procecdings, and its mectings shall be open,
except when tbe public welfare requires secrecy.

§4. A majority of the members of the council shall con-
stitute a quorum for the transaction of business; but in any
vote on any ordinance, resolution, or other proceeding look-
ing to the appropriation of money, the imposition of taxes,
or assessments, or the contracting of any debt or obligation
on bebalf of the city, the ayes and nays shall be entered on
the record, and no such ordinance, resolution, or proceeding
shall be passed, except in cases where a greater vote is-re-
quired, unless the same shall receive the votes of a majority
of the whole number of members elected. No vote shall
be rescinded or reconsidered at a special meeting, unless
there be then present a8 many members as were present
when such vote was taken. No ordinance, resolution, or
motion which creates, continues, or revives any appropriation
of money or property, or releases, discharges, or commutes
any claim or demand of the,city, shall have any force or effect
unless the same shall receive the votes of a majority of all
the members elected to the city council.

§5. Every general ordinance, and cvery ordinance, resolu-
tion, motion, or other proceeding looking to the appropriation
of money, except for the payment of salaried officers, the im-
position of taxes or assessments, the contracting of any debt
or obligation on behalf of the city, the continuance or revival
of any appropriation of money or property, or the release,
discharge, or commutation of any claim or demand of the
city, shall be presented to the mayor for bis approval. Upon
the return of any such ordinance, resolution, motion, or other
proceeding by the mayor, with his objections, if two-thirds
of all the members clected to the council shall be of opinion
that the same ought to be passed, it shall, notwithstanding
the objections of the mayor, become a law.

§6. Upon the announcement by the president of the adop-
tion of resolutions or ordinances having for their object the
increase of the indebtedness of the city, or the expenditure
of its revenue, except in the payment of its salaried officers,
any two councilmen may give notice of a motion to recon-
sider, which motion shall delay the question until said recon-
sideration can be acted on at the next regular meeting of the
council.

§7. The council shall have all the general powers vested
in it by the laws of the State, and shall further have power:
First. To fill vacancies in its body; and the persons go ap-
pointed shall hold during the uncxpired term of the person
in whose place he is appointed.

Second. To control and manage the fiscal and municipal
affairs of the city, and of all property, real and personal, be-
longing to the city, and may make such ordinances, orders,
and by-laws relating to the same as it may deem proper and
necessary.

Third. To purchase, hold, sell, and convey all real and
personal property necessary for its uses and purposes.

Fourth. To establish markets in the city, and regulate the
same, and to enforce such regulations in regard to ‘the keep-
ing and sale of fresh meets, vegctables, eggs, and other green
groceries, and the trade of hucksters and junk dealers, as
may be deemed advisable.

Fifth. To erect, in or near the city suitable work-houses,
houses of correction or reformation, and houses for the re-
ception and maintenance of the poor and destitute. It shall
possess and exercise exclusive authority over all persons
within the limits of the city, recciving or entitled to the
benefits of the poor law; appoint officers and other persons
connected with any institution or house which it may estab-
lish, and regulate paupcrism within the limits of the city;
and the council, through a board of oversecrs of the poor,
or such other agencies as it may appoint for the direction and
management of the poor of the city, shall exercise the powers
and perform the dutics vested by law in overseers of the

oor.

Sixth. To erect and keep in order all necessary public
buildings, including a city jail and public school houses, and
to open and regulate public squares and parks.

Seventh. To establish or enlarge water works or gas-works
within or without said city; to contract with the owners of
land for the use or purchase thereof, or may have the same
condemned for the location or enlargement of said works, or
the pipes or fixtures thereof. T hey may protect from in-
jury or pollution, by proper penalties, said works, or anything
connected therewith, within or without said city, and may,
under this authority, prevent the pollution of the water in
the river by prohibiting the throwing of filth or offensive
matter therein for a distance of six miles above the limits of
the city

Eighth. To take care, supervision, and control of strects,
squares, and commons, and to close, extend, widen, narrow, lay
out, pave, graduate, improve, and otherwise alter the streets in
said city; have the streets properly lighted and kept in good
order; make or construct sewers, or “public ducts, through
the same, or wherever clse they may deem expedient; build
bridges in, or culverts under said strects or alleys; prevent
or remove obstructions or encroachments over, under, or in
the same; plant shade-trees along the same, and prevent the
cumbering of streets, alleys, walks, public squares, lanes, or
bridges in any manner whatever.
Ninth. To permit railroads to be built, and telegraph poles
to be erected, gas and steam pipes to be laid in the streeta,
and determine and designate the route and grade of any rail-
road to be laid in said city, and to regulate the speed of en-
gines and cars upon the railroads within said city, and may
wholly exclude the same when the welfare of the city may
demand it.

Tenth. To require spirituous liquors, wine, oils, molasses,
vinegar, and spirits of turpentine in casks, to be gauged and
inspected; to provide for the weighing of bay, fodder, oats,
shucks, or other long forage, and to provide for the measur-
ing of corn, oats, grain, coal, stone, wood, lumber, potatoes,
and other articles of sale or barter.

Eleventh. To require every merchant, or trader in pro-
perty of any description, which is sold by measure or weight,
to have his weights and measures sealed by the city sealer.

Twelfth. To provide or aid in the support or maintenance
of public free schools; to appoint the school board for the
city, and to designate the ave of pupils to be admitted into
the public schools, and the grade of such schools.

Thirtcenth. To grant aid to military companies organized
within the city; to associations tor the advancement of ag-
riculture or the mechanic arts; to fire companies; to scientific,
literary, or benevolent socicties, and to public libraries; pro-
vided that all such associations shall be located in or near
the city of Lynchburg: provided that no appropriation for
such purpose shail be made unless two-thirds of all the mem-
bers clected to the council shall vote therefor.

Fourteenth. To secure the inhabitants from contagious,
infectious, or other dangerous diseases; to establish a quaran-
tine ground; to provide and maintain hospitals; to compel
the removal of patients to the same; to appoint and organize
a board of health, detine its duties, and to grant to it the
necessary authority effectually to discharge them.

Fifteenth. To take the necessary measures to prevent ac-
cidents by tire, and especially to organize, equip, and govern
fire companies, and to appoint a fire marshal and assistants,
With all powers now or hereafter to be vested in such officers,
and to purchase and keep in order fire engines and other ap-
paratus,

Sixteenth. To provide in or near the city, lands to be im-
proved and kept in order as burial places for the dead, and
may regulate and charge for the use of ground in the same;
may prohibit the burial of the dead in the city, and may
regulate public burial grounds; and to require the return of
bills of mortality by the keepers of all cometeries in or near
the city.

Seventeenth. To compel the abatement and removal of all
nuisances within the city at the expense of the person or
persons causing the same, or the owner or owners of the
ground whereon the same shall be; to prevent or regulate
slauvhter-houses, tan-yards, soap and candle factories within
said city, or the exercise of any dangerous, offensive, or un-
healthy business or employment therein; and to regulate the
transportation of coal, dirt, and other articles through the
strects of the city.

Eighteenth. To authorize and regulate the erection of party
walls and fences, and to prescribe how the cost thereof’ shall
be borne by co-terminous owners,

Nineteenth. To direct the location of all buildings for stor-
ing of gunpowder or other combustible substances; to regu-
late the sale and use of gunpowder, tire-crackers, fire-works
kerosenc oil, nitro-glycerine, camphene, burning fluid, or other
combustible mater ial; to regulate the exhibition of fire- works,
the discharge of fire-arms, “the use of candles and lights in
barns, st: ables , and other buildings, and the making of bon-
fires in strects and yards.

Twentieth. Lo prevent hogs, dogs, and other animals from
being kept in or from running at large in the city, and to
subject the same to such taxes, regulations, and confiscations
as they think proper.

Twenty-first. To prevent the riding or driving of horses or
other animals at improper specd ; to prevent “the flying of
kites, throwing stones, or engaging in any sport or employ-
ment in the public streets which is dangerous or annoying to
passengers; and to prohibit and punish the abuse of animals.

Twenty-second. To restrain and punish drunkards, va-
grants, mendicants, and strect-beggars.

Twenty-third. To prevent vice “and immorality; to pre-
serve public peace and good order; to prevent and quell riots,
disturbances, and disorderly axsemblaces: to suppress houses
of ill-fame and gaming-houses; to prevent lewd, indecent, and
disorderly conduct or exhibitions in the city; and to expel
therefrom persons guilty of such conduct who have resided
therein less than one year.

Twenty-fourth. To prevent the vending or other disposi-
tion of liquors and intoxicating drinks to be drurk in any
boat, store, or other place not “duly licensed; to forbid the
selling or giving to be drunk, any intoxic ating liquors to any
child or minor without the consent of his parent or guardian ;
and to impose fines for violation of any such ordinance addi-
tional to those prescribed by State laws.

Twenty-fifth. To prevent the coming into the city of per-
sons having no ostensible means of support, or of persons
who may be dangerous to the peace and safety of the cily;
and for this purpose may require any railroad company or
the captain of any boat bringing such passengers to the city,
to enter into bond with approved security, that such persons
shall not become chargeable to the city for one year, or may
compel such company or captain to tako them back from
whence they come, and compel the persons to leave the city
if they have not been in the city more than six months betore
the order is given.

Twenty-sixth. To regulate and control auction sales, livery
stables, slaughter-houses, theatrical performances, or other
public shows or exhibitions, the hiring or use for pay of car-
riages, carts, wagons, and drays, hawkers, peddlars, persons
seiling goods by sample, persons keeping billiard tables, ten-
pin alleys, and pistol gallerics for profit; and as to such
trades, occupations, and employments, or any otbers of a like
nature, may erant or refuse a license as it may deem proper.

Twenty-seventh. To compel persons sentenced to contine-
ment in the jail of the city for petit larceny or other misde-
meanors or violations of the city ordinances, to work on the
public streets of the city, or be sent to the poorhouse, there
to. perform such labor as the overscers of the poor may direct;
and on the requisition of the mayor, it shall be the duty of
the sergeant of the city to deliver such persons to the duly
authorized avent of the city for such purpose from day to
day, as be may be required.

Twenty-ecighth. To establish, construct, keep in order, alter,
or remove buildings, wharves, or docks on lands belonging to
the city, and may levy and collect wa reasonable tax or duty
on boats or cars coming to and using tue same, and may regu-
late the manner of using wharves and landings within the
corporate limits.

Twenty-ninth. To appoint a city engineer and a city sur-
veyor, and prescribe their respective powers and dutics, term
of office, and compensation; but, at the discretion of the
council, the offices of enyineer and surveyor may be consoli-
dated. The engineer may have such assistants and clerks as
the council may approve.

Thirticth. To appoint a collector of city taxes, a city attor-
ney, and such other offices as it may deom proper and neces-
sary, and may define their term of office, powers, duties, and
compensation; any office which the council hastthe power to
create, it may abolish at any time, whether the term of office
of the incumbent bas expired or not.

Thirty-first. To chango the boundaries of the wards and
increase the number thercof.

Thirty-second. To give names to, or alter the names of
strects.

Thirty-third. To make such regulations and orders as will
protect its. citizens against danger from unsafe houses or
walls, and to that end shall bave power to cause to be con-
demned and taken down any such building or wall; but no
such condemnation shall be made, or such house or wall
taken down until the owner thereof, or in case of an intant
or insane person, his guardian or committee, be duly sum-
moned before the board or officers of the city, who shall
be charged by the ordinances with such duty, and allowed
reasonable opportunity to show cause against such action.

Thirty-tourth. To provide for the regular and safe construc-
tion of houses in the city for the future.

Thirty-tiftth. To designate and prescribe from time to time
the parts of the city within which no building of wood shall
be erected, and to regulate the construction of buildings in
the city so as to protect it against danger from fire,

Thirty-sixth. ‘To prescribe any penalty for the violation cf
any city ordinance not exceeding three hundred dollars or
three months imprisonment in the city jail; and to further
provide that the parent or guardian of any minor, or the
master of any apprentice, shall be subject to a tine for any
offence committed by such minor or apprentice; any penalty
which may be imposed for a violation of an ordinance, which
shall be above one bundred dollars in amount, shall be prose-
cuted in the corporation court; penalties under that sum may
be imposed by the mayor.

Thirty-seventh. To pass all by-laws, rules, and ordinances
not repugnant to the constitution and laws of the State,
which it may deem necessary for the good order and govern-
ment of the city, the management of its property, the con-
duct of its affairs, the peace, comfort, convenience, order,
morals, health and protection of its citizens or their prop-
erty ; and to do such other things and pass such other laws
as may be necessary or proper to carry into full effect any
power, authority, capacity, or jurisdiction which is or shall

e granted to or vested in said city, or in the council, court,
or Officers thereof, or whith may be necessarily incident to a
municipal corporation.

Thirty-eighth. To provide for the due publication in the

newspapers or otherwise of its ordinances and resolutions.
f §8. The printed copics of the ordinances, printed under
the authority of the council, and transcripts ‘from such ordi-
nances or from the journal or ordinance book of the council,
certified by the clerk thereof, shall be received as evidence
for any purpose for which the original ordinances or journal
could be received, and with as much effect.

2. This act shall be in force from its passage.