Chap. 133.—An ACT to incorporate and provide a charter for the town of Parks-
ley, Virginia.

Approved March 12, 1904.

1. Be it enacted by the general assembly of Virginia, That the terri-
tory in Accomac county contained within the following boundaries—to-
wit: Beginning at the intersection of Woodland avenue and Willis street
and running in an eastwardly course along said Willis street, if produced
or extended to the line dividing the land of Katy Powell and Nancy
Byrd; thence running northwardly at a right angle to the aforesaid line
to the stream at Katy Young’s branch; thence running westwardly fol-
lowing said stream to the intersection of Woodland avenue extended and
the stream of said branch; thence running southwardly following said
Woodland avenue to the point of beginning—shall constitute an incor-
porated community and town by the name of the town of Parksley.

2. The municipal officers of the town shall be a mayor; recorder (or
clerk of the council), who shall be ex-officio commissioner of revenue; a
town sergeant, who shall be ex-officio treasurer, and six councilmen, all
of whom shall be residents and qualified voters of said town, except the
town sergeant, in the discretion of the council, may not be. The council
of the town shall have power to elect or appoint any other officers they
deem necessary and to define their powers.

3. The mayor, recorder, and councilmen of the town of Parksley, as
herein constituted, and as they shall be elected and qualified as herein
after provided, shall be a body politic and corporate, by the name of th
town of Parksley, and shall have perpetual succession and a commo:
seal by the name of the town of Parksley, with all the powers and right
and obligations of an incorporated community and town, and as suc
may sue and be sued, implead and be impleaded, contract and be con
tracted with, purchase and hold real estate, and sell and convey the sam
as needful for the public good, and may exercise, retain, and enjoy al
the righte, immunities, powers, exemptions, and! privileges, and be sub
ject to all the duties, obligations, and! liabilities now vested in, incumben
upon, or pertaining to said town as an incorporated community under th
general laws of the State pertaining to towns.

4. The mayor, recorder, and councilmen shall be elected by the quali
fied voters of said town under the general laws of the State, and the firs
election under this act shall be held on the second Tuesday in August
nineteen hundred and four, and until said election the following-name
officers are hereby appointed officers of said town, to serve as such officer
and until their successors are duly elected: and qualified: Dr. J. T. Sledg
shall be mayor, T. J. Kent shall be recorder, A. Frank Barnes, E. 8. Par
sons, Edward Colona, E. T. Parks, Morris L. Lewis, and L. C. Gord:
shall compose the council of the said town.

5. All vacancies occurring from any cause in the offices of the mavor
recorder, and councilmen shall be filled for the unexpired term by the
council.

6. The salaries or compensation of the mayor, sergeant, and recorde:
of the town as now constituted or hereafter elected, if any be allowed b:
the town council, shall be fixed by the council, payable at stated periods
and no regulation diminishing such compensation, after it has once beet
fixed, shall be made to take effect until after the expiration of the term:
for which the mayor and sergeant and: recorder then in office shall hav
been elected. The salaries of the mayor, sergeant, and recorder, wher
fixed, shall so continue until changed by the town council, and there shal
be no other salaried officers.

%. The mayor shall, by virtue of his office, possess all the power, au.
thority, and jurisdiction of a justice of the peace of Accomac county
Virginia, in said town, or within one mile of the corporate limits thereof
be and is entitled to the like fees of a justice of the peace in civil anc
criminal cases.

8. It shall be the duty of the mayor to communicate to the council an.
nually, or as often as he shall deem it expedient or be required: so to do by
said council, a general statement of the situation and condition of thi
town in relation to iis government, finances, and improvements, witt
such recommendations as he may deem proper.

9. In case of death, absence, or inability of the mayor, the president o:
the council (to be elected by the council) shall possess the same powe
and discharge the duties of the mayor during such absence or inability.

10. The mayor, or in his absence or inability the president of the coun
cil, shall have the power to call a meeting of the council whenever he
deems it necessary, and in case of the absence of both mayor and recorder
or their absence, inability, or refusal, the council may be convened by the
order of any three members thereof.

11. The council shall fix the time for their regular stated meetings,
and no business shall be transacted at a special meeting but that for
which it shall be called.

12. The town council, as herein constituted or hereafter elected, shall
have, subject to the provisions of this act, the control and management
of the fiscal and municipal affairs of the town, and of the property, real
and personal, belonging to said town, and make such ordinances, orders,
and by-laws relating to the same as they shall deem proper and necessary ;
they shall likewise have power to make such ordinances, orders, by-laws,
and regulations as they shall deem necessary andi proper to carry out the
powers which are hereby vested in them, to restrain and regulate the
speed of bicycles, traction engines, locomotives, engines, cars, and other
vehicles within said town: provided, that no contract be hereby violated ;
to prevent the riding and driving of horses or animals at any improper
speed, throwing stones or engaging in any cmployment or sport on the
streets, sidewalks, or public alleys, dangerous to or annoying to passen-
gers, and to prohibit and punish the abuse or cruel treatment of horses
or other animals in said town; to prevent horses, cattle, hogs, and other
animals from running at large in said town, and may subject the same to
such confiscation, regulations, and taxes as they may deem proper; and
the council may prohibit the raising and keeping of hogs in the town, or
in any part thereof; to direct the location of all buildings for the storing
of gunpowder, fire-crackers, or other fireworks manufactured or prepared
therefrom, kerosene oil, nitro-glycerine, camphene, burning fluid, or
other combustible material; to regulate the exhibition of fireworks, the
discharge of firearms, the use of candles and light in barns, stables, or
other buildings, and to regulate or restrain the making of bonfires in
streets and yards; to restrain and punish drunkards, vagrants, and street
beggars; to prevent vice and immorality, obscenity and profanity; to
preserve peace and good order, to prevent and quell riots, disturbances,
and disorderly assemblages, to suppress houses of ill-fame ‘and gambling
houses; to prevent lewd, indecent, and disorderly conduct or exhibitions
in said town, and! to expel therefrom persons guilty of such conduct; to
prevent, forbid, and punish the selling of aqnors and intoxicating drinks
in any place not duly licensed, and the selling and giving any intoxi-
cating liquor to any child or minor, and the selling or giving of cigar-
ettes to any minor under sixteen years of age without the consent in
writing of his or her parent or guardian; to regulate the manner and
prescribe the time of the sale of liquor or intoxicating drinks, by retail or
wholesale, by any person duly licensed, and! for any violation of any such
ordinance or ordinances there may be imposed such: fines and penalties as
the council may prescribe; to prevent the coming into town of person or
persons having no ostensible means of support, and of persons who may
be dangerous to the peace and safety of the town, andi compel such per-
sons to leave such town: provided, that such order to leave be issued
within sixty days after their arrival; to designate such portions and parts
of the town as they may deem proper within which no building of wood
shall be erected, to regulate and control the erection of all buildings, and
to provide for the removal of any such building or addition which shall
bé erected contrary to such regulations or prohibitions at the expense of
the builder or owner thereof. If any such building shall have been
erected or in progress of erection appears to be clearly unsafe, the council
nay cause such building to be taken down or put in safe condition.

12. If any ground in said town be subject to be covered with stagnant
water, or if owners or occupiers thereof shall permit any offensive or un-
wholesome substance to remain or accumulate therein or thereon, the
council may cause such grounds to be filled up, raised, or drained, or may
cause such substance to be covered, or to be removed therefrom, and may
collect the expenses of so doing from the said owner or owners, occupier
or occupiers, or any of them, by distress and in the same manner in which
taxes levied upon real estate for the benefit of said town are authorized
to be collected: provided, that reasonable notice shall first be given to said
owners or their agents. In case of non-resident owners, who have no
agents in said town, such notice may be given by publication for not less
than four weeks in any newspaper printed in Accomac county.

13. In addition to the special powers hereinbefore specifically dele-
gated to.the town council, all general powers not in conflict with the laws
of this State or of the United States necessary for the proper and suff-
cient government of said town, and which are by law allowed to munici-
pal corporations, are hereby likewise delegated to and invested in the said
council of the town of Parksley.

14. In every case where a street of said town has been or “ghall be en-
croached upon by any fence, building, porch, projection, or otherwise, it
shall be the duty of the council to require the owner, if known, or if un-
known, the occupant of the premises encroaching, to remove the same,

and if such removal be not made within the time prescribed by the coun-
cil, they may impose a penalty of not exceeding five dollars for each and
every day it is allowed to continue thereafter, and may cause the en-
croachment to be removed and collect from the owner all reasonable
charges therefor, with costs, by the same process that they are hereinafter
empowered to collect taxes.

15. The town council may take from any officer, elected or appointed
by them, a bond, with sureties to be approved by the council, in such
penalty as they may deem proper, payable to the town by its corporate
name, with conditions for the faithful discharge of the duties of such
officers. All officers elected or appointed by the council may be removed
from. office at the pleasure of the council. All bonds of officers elected by
the people, or elected or appointed by the council under this charter, shall
be filed with and kept by the recorder.

16. There shall be elected by the council at its first meeting in the
month of July, nineteen hundred and four, or as soon thereafter as prac-
ticable, one town sergeant, who shall be ex-officio treasurer, and who shall
hold his office during the pleasure of the council. He shall qualify and
give bond before the council, with surety approved by it, in a penalty tc
be determined by the council. Any vacancy in this office shall be fillec
by the council. In all cases, civil and criminal, arising in said town 01
within one mile of the corporate limits thereof, he shall be vested wit
all the powers which the general laws of this State confer upon con-
stables, and shall be entitled to the same fees allowed by general law. to
constables for like services. He shall be chief of police of said town: In
addition to the powers conferred upon town sergeant by thé gerieral laws
of the State, the sergeant of said town and all police officers appointed
by the mayor or town council thereof shall have all the powers conferred
upon special police by the provisions of section thirty-nine hundred and
twenty-seven of the Code of Virginia, eighteen hundred and eighty-seven,
and amendments thereto. They shall have the power to arrest without
warrant and carry before the mayor, to be dealt with according to law,
any and all persons who shall violate the ordinances of the town or laws
of the State in their presence, and it shall be his duty to swear out war-
rants of arrest for any person or persons where he has reason to believe
any offence has been committed. The said town sergeant shall collect
and receive all money belonging to the town, and he shall perform such
other duties as are prescribed by the council. He shall keep his office in
some convenient place in the town. He shall keep his books and accounts
in such manner as the town council may prescribe, and such books and
accounts shall always be subject to the inspection of the mayor, recorder,
or any member of the town council. He shall receive for his services
such compensation as the town council may from time to time allow. No
money shall be paid out by the town sergeant except under order of the
council, and upon a warrant of the recorder of the council, countersigned
by the mayor, and said town sergeant shall keep a separate account of
each fund or appropriation, and the debts and credits belonging thereto.

17%. The town sergeant shall report to the town council or a committee
thereof, as often as required, a full and detailed account of all receipts
and expenditures during the month, and the state of the treasury. He
shall also keep a register of all warrants, their dates, amount, number,
and the fund from which paid and the person to whom paid, specifying
also the time of payment, and all such warrants shall be examined at the
time of making such report to the town council by the auditing commit-
tee thereof, who shall examine and compare the same with the books of
the sergeant, and report discrepancies, if any, to the town council.

18. The town sergeant, duly qualified, shall collect all taxes and assess-
ments which may be levied by the town council, and for that purpose he
shall be vested with power and be subject to the liabilities and penal-
ties now prescribed by law in regard to the county treasurer. All money
received on any special assessment shall be held by the sergeant as a
special fund, to be applied for the purposes for which the assessment
is made, and said money shall be used for no other purposes whatever.
The sergeant shall be required to keep all moneys in his hands belong-
ing to the town in such place or places of deposit as the town council
by ordinance may provide or direct. It shall also be the duty of the
said town sergeant, under the direction of the council, to cause the
streets of said town to be worked and kept in good order. |

19. The recorder of said town shall keep a correct record of the pro-
ceedings of the council, shall provide the books and stationery therefor,
shall make out certificates of election, shall issue warrants upon the
sergeant ordered by the council, and shall have the power to administer
the oath of office to any of the town officers, shall assess all real and per-
sonal property within the said town, and for that purpose shall have
access to the land and property books of the commissioner of the revenue
for said district. Such property shall not be assessed at a higher value
than for State and county purposes. Said recorder shall make out tax
tickets for taxes imposed by the council against the owners of all prop-
erty within said town, and place the same in the hands of the sergeant
for collection, and take receipt therefor. It shall be the duty of the
recorder to issue a license to each person engaged in business for which
a license may be imposed by the council, and shall place the same in the
hands of the sergeant for collection and take receipt therefor.

20. For the execution of their powers and duties, the council of the
town of Parksley shall have the power to raise annmally, by taxes and
assessments in said town, such sums of money as they shall deem neces-
sary to defray the expenses of the same, and in such manner as they
shall deem expedient, in accordance with the Constitution and laws of
this State, and of the United States: provided, however, that the rate
of taxation shall not exceed fifty cents upon the one hundred dollars of
the taxable value of property as hereinafter authorized.

21. The council may grant licenses to owners or keepers of wagons,
drays, carts, hacks, and other wheeled vehicles, or employed in said
town for hire, and may require the owners or keepers of wagons, drays,
carts, or other vehicles using them in the town to take out a license
thereon, and subject the same to such regulations as they may deem
proper, and may prescribe their fees and compensations, and the coun-
cil may also impose a specific license tax on all shows, performances,
and exhibitions that may be given in said town.

22. The council may, on the first day of July, nineteen hundred and
four, and annually thereafter, impose a license tax on all persons en-
gaged in business within said town, not to exceed, however, one-half of
the amount imposed by the State for like purposes.

23. The council shall annually order a levy upon all male persons
within said town over twenty-one years of age, and on all real estate
within said town not exempt by law from State taxation, and on all
such personal property and other subjects as may at the time be subject
to taxation by this charter: provided, however, that the tax on persons
shall not exceed one dollar, and the tax levied for general purposes shall
in no year exceed fifty cents on the one hundred dollars’ worth of prop-
erty, real and personal, based upon the State assessment, and this maxi-
mum rate of taxation shall not be increased except by amendment to
this charter.

24. For the purposes of carrying into effect the police regulations
of said town, the said town shall be allowed to use Accomac county jail
for the safe-keeping and confinement of all persons who may be ar-
rested or sentenced to imprisonment under the ordinances of said town,
and the sergeant of said town may convey any person arrested and sen-
tenced to jail, and the jailer of said county shall receive such person, or
persons, in the same manner as if such persons were committed by a
justice of the peace and delivered to the said jailer by a constable.

25. The said town and the property therein shall be exempt and free
from the payment of any road tax for county or district purposes, for
which exemption the said town shall keep its own streets in order, and
shall not be embraced in any road district of the said county of Accomac.

26. At the first regular election to be held in said town—to-wit, on
the second Tuesday in August, nineteen hundred and four—a vote shall
be ordered and taken to determine the sense of the qualified voters of
said town as to the final adoption or rejection of the provisions of this
act. Said election shall be held in accordance with the requirements
of section four of this act, and with the provisions of the general elec-
tion laws of the State not in conflict with this act, except that the
tickets provided shall be separate from those provided for the election
of officers, and shall have written or printed thereon “for incorpora-
tion,” “against incorporation”; and if it shall appear from the abstract
and returns of such election that a majority of the votes so cast are in
favor of the incorporation of said town, then this act shall continue in
full force and effect. But in the event a majority of such votes shall be
cast against incorporation, then the provisions of this act shall not be in
force on and after the third Tuesday in August, nineteen hundred and
four; and the recorder in such case shall certify the same to the circuit
court of Accomac county, and the force and effect of this act shall
thereafter determine and cease.