CHAP. 102.—An ACT to amend and re-enact section 20 of an act of the
general assembly of Virginia, approved March 14, 1906, entitled: “An
act to amend and re-enact an act of the general assembly of Virginia,
in force, January 21,1884, entitled ‘An act providing a charter for
the city of Norfolk, and repealing the existing charter, approved April
21, 1882,’ as amended by the several acts of the general assembly of
Virginia, approved, respectively, April 6, 1887, April 28, 1887, May 14,
1887, February 14, 1900, February 21, 1900, February 26, 1900, Febru-
ary 2, 1901, February 15, 1901, March 15, 1902; and to define the boun-
daries of the said city of Norfolk, as extended by the several acts of
the general assembly, approved April 6, 1887, February 22, 1890, and
March 14, 1902, and by an order of the circuit court of Norfolk county,
which was entered’on the 9th day of January, 1906.”

Approved March 7, 1912.

1. Be it enacted by the general assembly of Virginia, That
section twenty of an act of the general assembly of Virginia,
approved March fourteenth, nineteen hundred and six, entitled
“an act to amend and re-enact an act of the general assembly of
Virginia, in force January twenty-first, eighteen hundred and
eighty-four, entitled “an act providing a charter for the city
of Norfolk, and repealing the existing charter, approved April
twenty-first, eighteen hundred and eighty-two,’ as amended by
the several acts of the general assembly of Virginia, approved,
respectively, April sixth, eighteen hundred and eighty-seven,
April twenty-eight, eighteen hundred and eighty-seven, May
fourteenth, eighteen hundred and eighty-seven, February four-
teenth, nineteen hundred, February twenty-first, nineteen hun-
dred, February twenty-sixth, nineteen hundred, February
second, nineteen hundred and one, February fifteenth, nineteen
hundred and one, March fifteenth, nineteen hundred and two;
and to define the boundaries of the said city of Norfolk, as ex-
tended by the several acts of the general assembly, approved
April sixth, eighteen hundred and eighty-seven, February
twenty-second, eighteen hundred and ninety, and March four-
teenth, nineteen hundred and two, and by an order of the cir-
cuit court of Norfolk county, which was entered on the ninth
day of January, nineteen hundred and six,” be amended and
re-enacted so as to read as follows:

§20. The city council shall have, subject to the provisions
herein contained, the control and management of the fiscal and
municipal affairs of the city, and of all property, real and
personal, belonging to the said city; and may make such or-
dinances, orders, and by-laws relating to the same as it shall
deem proper and necessary. It shall likewise have power to
make such ordinances, by-laws, orders and regulations as it may
deem desirable to carry out the following powers, which are
hereby vested in it:

First. To establish markets in and for said city; prescribe
the times and places for holding same; provide suitable build-
ings therefor, and to enforce such regulations as shall be neces-
sary or proper to prevent huckstering, forestalling, and regrat-
ing.

Second. To erect or provide, in or near the city, suitable
work-houses, houses of correction or reformation, and houses for
the reception and maintenance of the poor and destitute. It
shall possess and exercise exclusive authority over all persons
within the limits of the city, receiving or entitled to the benefits
of the poor laws, and regulate pauperism within the limits of
the city; and the said council, through the agencies it shall ap-
point for the direction and management of the poor of the city,
shall exercise the powers and perform the duties vested by law
in overseers of the poor.

Third. To acquire, build and maintain all public buildings
necessary or proper for said city, and to acquire and maintain
such public squares and parks as in the judgment of the city
council may be convenient for the use of the said city, and to
regulate the placing of signs and the use of bill-boards on or
along the streets of said city.

Fourth. To erect within said city a city prison, and such
prison may contain such apartments as shall be necessary for
the safe-keeping and employment of all persons confined therein,
and to provide, by ordinance as the said council may see fit, for
the employment, either within or without said prison, of all
persons sentenced to confinement in said prison for violation of
the laws of the State of Virginia, or ordinances of the city of
Norfolk.

Fifth. To provide for the acquisition by purchase, lease,
condemnation, or otherwise, of lands, either within or without
the city limits for public parks, water works, gas works, elec-
tric light plants, cold storage plants, heating plants, sewer plants,
conduit plants, hospitals and cemeteries and for the construction
and maintenance of water works, gas works, electric light plants,
cold storage plants, heating plants, sewer plants, and conduit
plants, may make such ordinances and regulations for the gov-
ernment, management, or use thereof, or of either of them, and
may contract with individuals, firms, corporations, and other
municipalities for the use of such water, gas, electricity, or of
the cold storage, heating, sewer and conduit plants, either within
or without the city limits, and collect such rates of charges for
the use thereof as it may deem proper; provided, that in no event
shall such contracts be made with individuals or corporations
(except water companies) for the delivery of water at points
without the city where the mains laid or to be laid are paralleled
by the mains of any water company; nor shall such contracts
be made for the delivery of water within the city of Portsmouth,
or, on the west side of Elizabeth river, within three miles of the
corporate limits thereof, except by virtue of powers derived by
law from the acquisition of the property of any water company
doing business in said city, and likewise may provide for the
government, management and use of the public parks, hospitals
and cemeteries, and for the sale of lots in cemeteries as it may
deem proper, and it may open streets, lanes and public squares
of said city for the purpose of carrying into effect the powers
herein vested, and, to the end that full authority be given in the
premises, it may in the name and for the use of said city, do all
things necessary or expedient for the convenient use of any or all
of the things hereby empowered in whatever way the same may
be lawfully accomplished; provided, however, that for the pur-
poses of public parks, gas works, electric light plants, cold
storage plants, heating plants, sewer plants, conduit plants and
hospitals, the amount of land to be held by the city of Norfolk
shall not exceed one thousand acres; and provided, further, that
in addition to the powers hereinbefore enumerated the city of
Norfolk shall have power to construct suitable works to convey
water into said city and elsewhere from such place or places as it
may select; except so far as above limited, and the said city may
acquire by purchase, gift, lease, or condemnation and hold such
lands and lands covered with water, in the counties of Norfolk
and Princess Anne, or in any other county or counties in this
State, as are expedient either for a supply of water, or for en-
larging or improving its present water supply, or for preventing
the pollution of same from impure drainage or otherwise, or for
its use for its pumping stations, reservoirs, or other works
necessary for operating the same; provided that the whole area
of such lands or lands covered with water shall not at any one
time exceed twenty thousand acres, and also such parcels of
land each not exceeding one hundred feet in width in any county
or counties in this State for the purpose of laying its pipes,
aqueducts, or other structures for conveying its water into the
city and to its users elsewhere, or to its reservoirs or other
places of supply and distribution, and shall have the right to
erect such dams or other structures as may be necessary for
securing such supply or conveying the same for use and distribu-
tion. It shall also have the power to take and acquire such
materials for construction as are now or may hereafter be con-
ferred upon railroads or other internal improvement companies
under the laws of this State, and may hold, use and employ such
machinery, boats, apparatus and other appliances as it may
deem proper for supplying the said city and its users elsewhere
with water and for the transaction of the business pertaining
thereto; provided, however, that in case part only of the land
of any person is proposed to be taken by the said city, the com-
missioners in assessing the damages may, in their discretion,
with the consent of the said city, reserve to the owners of the
said land such easements or rights in or rights of way over the
said land, or such part thereof as they may deem proper, and in
such ease the said city shall take and hold such part in fee
subject to such easements, rights, or rights of way.

The said council is empowered to require all wires and
cables carrving electricity to be placed in conduits; to prescribe
and establish reasonable rules and regulations for the construc-
tion of such conduits; and to provide for the supervision over
all electrical devices and appliances using in said city.

The said council shall have power to protect from injury by
adequate penalties said works, plants, pipes, fixtures and land,
or anything connected therewith, within or without the limits

of said city, and to prevent the pollution of the water by pro-

hibiting the throwing of filth or offensive matter therein, or
its pollution in any other way; and such prohibition may be
enforced by proper penalties. ‘‘Nothing in this section shall be
construed to abridge the right or rights now possessed by any
company or companies to operate its property or extensions
in the streets and public places of the city of Norfolk.”

If the said city seeks to annex any territory, or any territory
seeks to be annexed to the said city under the provisions of an
act approved March tenth, nineteen hundred and four, entitled
‘fan act to provide for the extension of corporate limits of cities
and towns,” any company or corporation owning or operating
water works, mains, pipes, or any appliances in said territory
to be annexed shall have the right to file a petition in the proceed-
ings provided for in said act approved March tenth, nineteen
hundred and four, offering to sell said city, its works, mains,
pipes, and appliances, together with all its rights, privileges
and franchises, which are in or pertain to said territory to be
annexed, and in the event that the said city or corporation
cannot agree with the said city upon the price to be paid for the
same, then a fair valuation of same shall be determined by
three arbitrators, one to be appointed by the said city, one to be
appointed by the said company or corporation, and the two thus
appointed to select a third, and in the event that they cannot
agree, then he shall be appointed by the State corporation com-
mission. The amount so found by the majority of said board
of arbitrators, shall be the price that said city may offer to
said company or corporation for the same; provided, that if the
said city fails to offer to purchase the said works, mains, pipes,
rights, privileges and franchises, from the said company or
corporation according to the terms hereinbefore set out, then the
said city shall be prohibited from extending or operating any
water works, mains, pipes, or appliances into or in the said
territory annexed; but if the said city offers to purchase the
same at that price and the said company or corporation refuses
or fails to accept said offer within ninety (90) days thereafter,
then said city shall have the absolute right to extend or operate
its water works, pipes, mains and appliances, anywhere in said
territory annexed.
Sixth. To establish, construct and keep in order, alter or re-
move landings, wharves, and docks on land belonging to the
city, and to lay and collect a reasonable duty on vessels coming
to and using the same, and to regulate the manner of using
other wharves and landings within the corporate limits, and
prescribe the rates of wharfage to be paid by vessels using the
same; to prevent or remove all obstructions in and upon any
landings, wharves or docks; to deepen and clean the harbor
and river. It may buy or build and maintain such roads and
bridges within and outside of the limits of said city as may
be needful and convenient to reach any suburb, town, or vil-
lage, or any property of said city lying outside of the city limits,
and may condemn such lands as may be necessary for the build-
ing and maintaining of such roads and bridges; and may estab-
lish and collect tolls on any such bridge.

Seventh. To close, extend, widen, narrow, lay out, graduate,
improve, and otherwise alter streets and public alleys in the
said city, and have them properly lighted and kept in good or-
der, and it may make or construct sewers or ducts through the
streets or public grounds of the city, and through any place or
places whatsoever, when it may be deemed by the said council
expedient. The said council may have over any street or alley
in the city, which has been or may be ceded to.the city, like
authority as over other streets or alleys, and may prevent or
remove any structure, obstruction or encroachment over or un-
der or in a street or alley, or any sidewalk thereof, and may
have shade trees planted along the said streets.

Eighth. To prevent the cumbering of streets, avenues, walks,
public squares, lanes, alleys, or bridges in any manner whatso-
ever; to compel the occupant or owner of buildings or grounds
to remove snow, dirt, or rubbish, from the sidewalks in front
thereof.

Ninth. To extinguish and prevent fires, prevent property
from being stolen, and to compel citizens to render assistance
to the fire department in case of need, and to establish, regulate,
and control a fire department of said city; to regulate the size,
materials, and construction of buildings hereafter erected in
such manner as the public safety and conveniences may require;
to remove, or require to be removed, any building, structure, or
addition thereto, which by reason of dilapidation, defect of
structure, or other causes, may have, or shall become, dan-
gerous to life or property, or which may be erected contrary
to law; to establish and designate from time to time fire limits,
within which limits wooden buildings shall not be constructed,
removed, added to, or enlarged, and to direct that any or all
future buildings within such limits shall be constructed of
stone, natural or artificial, concrete, brick, or iron: provided,
however, that by a vote of two-thirds of all the members of the
city council, permission may be granted for storage sheds con-
structed on pile piers or wharves on the water front, the sides
and roofs of which shall be covered with corrugated iron or
other fireproof material.

Tenth. To authorize the laying down of railroad tracks and
street car tracks upon the streets of said city, to be maintained
and operated under such regulations as the said council may
prescribe.

Eleventh. To determine and designate the route and grade
of any railroad to be laid in the city, and to restrain and regu-
late the rate of speed of locomotives, engines and cars upon
the railroads within the said city, both commercial and street,
and may wholly exclude such engines and cars if it please,
provided no contract be thereby violated.

Twelfth. To regulate and prescribe the breadth of tires
upon the wheels of wagons, carts and vehicles of every kind
and description used upon the streets of said city.

Thirteenth. To require any or all articles of commerce or
traffic to be guaged, inspected, measured, weighed, or metered.

Fourteenth. To require every mechant, retailer, trader or
dealer in merchandise or property of any description, which
is sold by measure, or weight, to have such measures and
weights sealed, and to be subject to inspection.

Fifteenth. To provide for, or aid in, support of public free
schools, colleges and libraries, and make appropriations to non-
sectarian schools of manual, industrial, or technical training,
and also to any school or institution of learing owned or ex-
clusively controlled by such city.

Sixteenth. To provide for the preservation of the general
health of the inhabitants of said city, make regulations to se-
cure the same, prevent the introduction or spreading of con-
tagious or infections diseases, and prevent and suppress dis-
eases generally; to provide and regulate hospitals within or
without the city limits, and to enforce the removal of persons
afflicted with contagious or infectious diseases to hospitals pro-
vided for them; to provide for the appointment and organiza-
tion of a board of health or other board, to have the powers of
a board of health for said city, with the authority necessary for
the prompt and efficient performance of its duties, with power
to invest any or all the officials or employees of such depart-
ment of health with such powers as the police officers of the
city have; to regulate the burial, cremation, or disposition of
the dead; to compel the return of births and deaths to be made
to its health department, and the return of all burial permits to
such department.

Seventeenth. To acquire by purchase, condemnation, or
otherwise, either within or without the city, lands to be appro-
priated, improved and kept in order as -places for the inter-
ment of the dead, and may charge for the use of the grounds
in said places of interment, and may regulate the same; to pre-
vent the burial of the dead in the city, except in public bury-
ing grounds; to regulate burials in said grounds; to require
the keeping and return of bills of mortality by the keepers or
owners of all cemeteries, and shall have power to acquire by
purchase, condemnation, or otherwise, according to law, such
lands and in such quantity as it may deem proper or necessary,
for the purpose of burying the dead.

Eighteenth. To establish a quarantine ground within or
without the city limits, and such quarantine regulations
against infectious and contagious diseases as the said council
may see fit, subject to the laws of the State and of the United
States.

Nineteenth. To require and compel the abatement and re-
moval of all nuisances within said city, or upon any property
owned by said city without its limits, at the expense of the
person or persons causing the same, or the occupant or the
owner of the ground whereon the same may be; to prevent or
regulate slaughter-houses and soap and candle factories within
said city, or the exercise of any dangerous, offensive, or un-
healthy business, trade, or employment therein; to regulate the
transportation of all articles through the streets of the city;
to compel the abatement of smoke and dust; to regulate the lo-
cation of stables and the manner in which they shall be con-
structed and kept.

Twentieth. If any ground in the said city shall be subject
to be covered by stagnant water, or if the owner or occupant
thereof shall permit any offensive or unwholesome substance
to remain or accumulate thereon, the said council may cause
such ground to be filled up, raised, or drained, or may cause
such substance to be covered or removed therefrom, and may
collect the expense of so doing from the said owner or occu-
pant by distress or sale, in the same manner in which taxes
levied upon real estate for the benefit of said city are authorized
to be collected; provided, that reasonable notice shall be first
given to the said owner or occupant, or his agent. In case of
non-resident owners, who have no agent in said city, such notice
may be given by publication for not less than ten days in any
newspaper published in said city, such publication to be at
the expense of said owner, and the cost thereof to be collected
as a part of the expense hereinbefore provided for.

Twenty-first. To direct the location of all buildings for stor-
ing gunpowder or other explosive or combustible substances;
to regulate or prohibit the sale and use of dynamite, gunpow-
der, fire-crackers, or fire-works, kerosene oil, nitro-glycerine,
camphene, burning fluid and all explosive or combustible ma-
terials, the exhibition of fire-works, the discharge of fire-arms,
the use of candles and lights in barns, stables, and other build-
ings the making of bon-fires, and the carrying of concealed
weapons.

Twenty-second. To prevent the running at large in said city
of al] animals and fowls, and to regulate or prohibit the keep-
ing or raising of the same within said city, and to subject the
same to such confiscation, levies, regulations, and taxes as it
deem proper.

Twenty-third. To prevent the riding or driving of animals
at improper speed; to regulate the speed and manner of use
upon the streets of said city of all animals or vehicles; to
prevent the flying of kites, throwing of stones, or the engaging
in any employment or sport in the streets or public alleys dan-
gerous or annoying to the public, and to prohibit and punish
the abuse of animals.

Twenty-fourth. To restrain and punish drunkards, vagrants,
mendicants and street beggars.

Twenty-fifth. To prevent vice and immorality; to preserve
public peace and good order; to prevent and quell riots, dis-
turbances and disorderly assemblages; to suppress houses of
ill-fame and gaming houses; to prevent lewd, indecent, or dis-
orderly conduct or exhibitions in the city, and to expél from
the said city persons guilty of such conduct who shall not have
resided therein as much @s one year.

Twenty-sixth. To forbid and prevent the selling or other
disposition of liquors or intoxicating drinks to be drunk in any
boat, store, or other place not duly licensed; and to forbid the
selling or giving to be drunk any intoxicating liquors to any
child or minor; and for violation of any such ordinance may
impose fine or imprisonment in addition to those prescribed by
the laws of the State.

Twenty-seventh. To prevent, prohibit, or regulate the com-
ing into the city from points either within or beyond the limits
of the State of paupers, persons having no ostensible means of
support, or persons who may be dangerous to the peace or safety
of the city; and for this purpose may require any railroad
company, the captain or master of any vessel, or the owner of
any conveyance bringing any such person to or leaving him in
said city to enter into bond, with satisfactory security, that
such person shall not become chargeable to the city within one
year from the date of his arrival, or may compel such com-
pany, captain, or master or owner to take any such person back
to the place whence he was brought, and may compel any such
person to leave the city if he has not been in the city more than
ninety days before the order is given.

Twenty-eighth. And the said council shall also have power
to make such other and additional ordinances as it may deem
necessary for the general welfare of said city; and nothing
herein contained shall be construed to deprive said city of any
of the powers conferred upon it either by general or
special laws of the State of Virginia, except in so far as the
same may be inconsistent with the provisions of this charter.

2. All acts or parts of acts in conflict herewith are hereby
repealed.