Chap. 52.—An ACT to amend and re-enact section 6 of chapter 3 of an
act to provide a charter for the city of Petersburg, approved March
11, 1875, as amended and re-enacted by an act approved March 17, 1910,
entitled an act to amend and re-enact sections 2, 3, 4, 5 and 7 of chapter
1 of an act to provide a charter for the city of Petersburg, approved
March 11, 1875, to amend and re-enact chapters 2, 3 and 5 of said act
as amended by subsequent acts, and to amend and re-enact sections 4
and 5, and to repeal section 7 of chapter 6 of said act. (H. B. 301.)

Approved March 10, 1914.

1. Be it enacted by the general assembly of Virginia, That
section six of-chapter three of an act to provide a charter for the
city of Petersburg, approved March eleventh, eighteen hundred and
seventy-five, as amended and re-enacted by an act approved March
seventeenth, nineteen hundred and ten, entitled an act to amend
and re-enact sections two, three, four, five and seven of chapter
one of an act to provide a charter for the city of Petersburg, ap-
proved March eleventh, eighteen hundred and _ seventy-five, to
amend and re-enact chapters two, three and five of said act, as
amended by subsequent acts, and to amend and re-enact sections four
und five, and to repeal section seven of chapter six of said act, be
amended and re-enacted so as to read as follows:

Sec. 6. The city council shall have, subject to the provisions
herein contained, the control and management of the fiscal and
municipal affiairs of the city, and all property, real and personal,
belonging to the said city, and may make such ordinances, orders
and by-laws relating to the same as it shall deem proper and neces-
sary. They shall likewise have the power to make such ordinances,
by-laws, orders and regulations as they may deem desirable to carry
out the following powers, which are hereby vested in them.

First. To establish markets in and for said city; prescribe the
times and places for holding the same; provide suitable buildings
therefor, and to enforce such regulations as shall be necessary or
proper to prevent huckstering, forestalling and regrading.

Second. To erect or provide, in or near the city, suitable work
. houses, houses of correction and reformation, and houses for the
reception and maintenance of the poor and destitute. They shall
possess and exercise exclusive authority over all persons within
the limits of the city receiving or entitled to the benefits of the
poor law, and shall regulate pauperism within the limits of the
city, and every four years appoint from each ward two overseers
of the poor, whose terms of office shall be four years, and who shall
discharge their duties as prescribed by the general laws of the
State, and the ordinances of the city concerning the poor.

Third. To compel persons sentenced to confinment in the sail
of the city for petit larceny or other misdemeanors, or violations of
the city ordinances, to work on the public streets or property of the
city, or to be sent to the poorhouse, there to perform such labor as
the overseers of the poor may direct.

Fourth. To erect and keep in order all of the public buildings
necessary or proper for said city; to open, regulate and ornament
public squares and parks, and to provide separate parks for white
persons and colored persons, and to exclude each from the park
provided for the other; to provide armories and drill halls for, and
to grant aid to, any company or companies of the State militia lo-
cated in said city; and to erect buildings within the city for the
assemblage of the people.

Fifth. To provide, within said city, a city prison; and said
prison may contain such apartments as may be necessary for the
safekeeping and employment of all persons confined therein.

Sixth. To establish and enlarge water works, gas works, and
electric plants within or without the limits of the said city, and for
the location, extension or enlargement of their said works, the
pipes, poles or wires connected therewith, or any of the fixtures
or appurtenances thereof, and for the supply of water for the said
city and water power for water works, electric lighting or any other
purposes; to contract and agree with the owner or owners of any
land, water or water power, including the Upper Appomattox Com-
pany, for the use, purchase or lease of the same, or to have the
same condemned in the manner prescribed by law, in respect to
land wanted for the purposes of the city; provided, ‘that such con-
demnation of the property of or of the water in the canal of the
said Upper Appomattox Company shall be had only to effectuate
any contract or agreement which may be made with said company,
and shall not be such as to prevent said company from performing
its duties as a navigation company; to take its said supply of water
from the Appomattox river at any point at or above said city;
provided, said taking shall not be such as to prevent said company
from performing its said duties, and if necessary, in order to make
such taking legal, or if deemed advisable by said city, to contract
and agree therefor with all persons claiming any interest in the
water in said river, or to have the same condemned in the manner
prescribed by law in respect to land wanted for the purposes of a
city. They shall have the power to protect from injury by ade-
quate penalties the said works, pipes, poles, wires and fixtures and
land, or anything connected therewith, within or without the
limits of said city, and to prevent the pollution of the water in
Lieutenant run, the Appomattox river, or any other source of sup-
ply, or any branch or stream flowing into any of them, by prohibit-
ing the throwing of filth, offensive or deleterious matter or liquid
therein, or polluting the same in any other manner above said works
within fifteen miles above said works; provided that where natural
drainage of any lands is into the said river, canal or other source
of water supply, it shall be the duty of said council to properly
divert such drainage into some other outlet, at the expense of said
city, if they deem such diversion proper or necessary, and they
may condemn such land as may be necessary for that purpose.

They shall also have power, under such terms and conditions
as they may prescribe, to furnish and supply city water to natural
persons and corporations for use on property situated outside of
the corporate limits of the city, within two miles thereof; provided
that the rates for city water so furnished and supplied shall not
be less than those charged water takers within said corporate
limits.

Seventh. To establish, construct and keep in order, alter or
remove landings, wharves and docks on land belonging to or which
may hereafter belong to said city, and to lay and collect a rea-
sonable duty on vessels coming to and using same; to prevent and
remove all obstructions in and upon such landings, wharves and
docks; to preserve peace and good order upon the same, and upon
all other wharves and landings, wharves and docks on land be-
longing to or which may hereafter belong to said city, and to lay
and collect a reasonable duty on vessels coming to and using same;
to prevent and remove all obstructions in and upon such land-
ings, wharves and docks; to preserve peace and good order upon
the same and upon all other wharves and landings in said city.
They may also appoint port wardens for the port of said city,
prescribe their duties, and fix their fees or compensation; pro-
vided, no salary or compensation shall be paid such port wardens
out of the city treasury.

Kighth. To close or extend, widen or narrow, lay out, and
graduate, pave and otherwise improve streets and public alleys in
the city, and have them properly lighted and kept in good order;
and they shall have over any street or alley in the city which has
been or may be ceded to the city, like authority as over streets or
alleys. They may build bridges over and culverts under said
streets, and may prevent or remove any structure, obstruction or
encroachment over or under, or in a street or alley, or any side-
walk thereof, and may have shade trees planted along the said
street; and no company shall occupy with its works the streets of
the city without the consent of the council. In the meantime no
order shall be made and no injunction shall be awarded by, any
court or judge to stay the proceedings of the city in the prose-
cution of their work, unless it be manifest that they, their officers,
agents or servants are transcending the authority given them by
this act, and that the interposition of the court is necessary to
prevent injury that cannot be adequately compensated in damages.

Ninth. To prevent the cumbering of streets, avenues, walks,
public squares, lanes, alleys or bridges in any manner whatever.

Tenth. To authorize the laying down of street railway tracks
and the running of horse, electric or other street cars thereon, in
the streets of the city, under such regulations as they may pre-
scribe.

Eleventh. To regulate and prescribe the breadth of the tires
upon the wheels of wagons, carts and vehicles of heavy draft used
upon the streets of said city; provided, however, that this section
shall not apply to vehicles coming into and not owned in said
city.

Twelfth. To require oil, molasses, vinegar and spirits of tur-
pentine, ardent spirits and wines in casks to be gauged and in-
spected; and may make such provisions for the weighing of hay,
fodder, oats, shucks or other long forage as will not be in con-
flict with the act passed the twenty-second of March, eighteen hun-
dred and forty-seven, to prevent the authorities of said city from
laying and collecting a tax on the bales of hay sent by the farmers
of the State to said city. They may also provide for measuring
corn, oats, grain, coal, stone, wood, lumber, boards; potatoes and
other articles for sale or barter.

Thirteenth. To require every merchant, retailer, trader and
dealer in merchandise, or property of any description which is
sold by measure or weight to cause their weights and measures to
be sealed by the city sealer, and to be subject to his inspection;
and may impose penalties for any violation of any such ordinance.

Fourteenth. To grant aid to societies or associations for the
advancement of agriculture and the mechanic arts; provided, such
societies or associations are located in or near the city, or, in the
case of agricultural societies, shall hold their fairs in or near the
city, and to provide or aid in support of public libraries and
public schools.

Fifteenth. To secure the inhabitants from contagious, infectious
or other dangerous diseases; to establish, erect and regulate hos-
pitals; to provide for the removal of patients to said hospitals, who
may consent to be removed, or who may not be provided at their
own residences with necessary accommodations; for the appoint-
ment and organization of a board of health for said city, with the
authority necessary for the prompt and efficient performance of its
duties.

Sixteenth. To provide, in or near the city, lands to be appro-
priated, improved and kept in order, as places for the interment
of the dead, and may charge for the use of ground in said places
of interment, and may regulate the same; may prevent the burial
of the dead in the city, except in the public burial grounds; may
regulate burials in said grounds, and may require the keeping and
return of bills of mortality of the keepers or owners of all ceme-
teries. It shall be lawful for any fiduciary holding money for the
purpose of maintaining or keeping in good order any plot, or. part
of the plot of ground, in any such place of interment of the dead,
owned by the city, to pay the same over to the city for such pur-
poses, provided the city will accept it.

Seventeenth. To require and compel the abatement and re-
moval of all nuisances within said 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 regulate and prevent slaughter
houses, soap factories, and candle factories, or the prosecution of
any dangerous, offensive or unhealthy business, trade or employment
therein, which may be injurious to the inhabitants of said city;
and. to regulate the transportation of coal or other articles through
the streets of the city.

Eighteenth. If any ground in the said city shall be subject to be
covered with stagnant water, or if the owner or owners, occupier
or occupiers thereof shall permit any offensive or unwholesome sub-
stance to remain or accumulate therein, the council may cause such
ground to be filled up, raised or drained, or may cause such sub-
stance to be covered, or to be removed therefrom, and may collect
the expense of so doing from the said owner or owners, occupier
or occupiers, or any of them by distress and 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 owners or their agents. In
case of non-resident owners, who have no agent in said city, such
notice may be given by publication for not less than two weeks in
ary newspaper published in said city.

Nineteenth. To direct the location of all buildings for storing
gun-powder, or other combustible substances, and to regulate the
sale and use of gunpowder, or firecrackers or fireworks, pre-
pared therefrom, kerosene oil, nitroglycerine, camphene, burning
fluid or other combustible material; to regulate or prevent the ex-
hibition of fireworks, the discharge of firearms, the use of candles
or lights in barns, stables and other buildings, and to restrain the
making of bonfires in streets and yards, and the marching on torch-
light processions through the public streets.

Twentieth. To prevent hogs, dogs and other animals from run-
ning at large in the city, and may subject the same to such confis-
cation, regulations and taxes as they may deem proper, and the
council may prohibit the raising or keeping of hogs in the city.

Twenty-first. To determine and designate the route and grade
of any railroad to be laid in said city; to prevent the riding or
driving of horses or other animals at an improper speed; to pre-
vent the running of steam engines at any improper speed within
the limits of said city, and to wholly exclude the said engines, if
they please; provided no contract or legislative authority be thereby
impaired or violated; to prevent the flying of kites, throwing stones
or the engaging in any employment or sports in the streets or
public alleys dangerous or annoying to passengers; and to prohibit
and punish the abuse of animals.

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

Twenty-third. To prevent vice and immorality; to preserve
public peace and geod order; to prevent and quell riots; disturb-
ances and disorderly assemblages; to suppress houses of ill-fame
and gaming houses; to prevent lewd and disorderly conduct or
exhibitions in the city, and to expel therefrom persons guilty of
such conduct who shall not have resided therein as much as one
year.

Twenty-fourth. To forbid and prevent the vending or ocher
disposition of liquors and other 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 young person without the consent of his or her parents or
guardian, and for violation of any such ordinances may impose a
fine in addition to those prescribed by the laws of the State.

Twenty-fifth. To prevent the coming into the city, from be-
yond the limits of the State, of persons having no ostensible means
of support, or of persons who may be dangerous to the peace and
safety of the city, and for this purpose may require any railroad
company or the captain or master of any vessel bringing such
passengers to Petersburg to enter into bond, with satisfactory se-
curity, that such persons shall not become chargeable to the city
for one year, or may compel such company, captain or master to
take them back from whence they came, and to compel such per-
sons to leave the city if they have not been therein more than thirty
days before the order is given.

Twenty-sixth. They may make all needful ordinances for the
protection of property, and for that purpose may, from time to
time, designate such portions and parts of said city as it shall think
proper, within which no building of wood shall be erected, and
may regulate the manner of construction of all buildings. They
may prohibit the erection of wooden buildings in any portion of the
city, without permission obtained from them, and shall, on the
petition of the owner or owners of not less than one-fourth of
the ground included in any square of the city prohibit the erection
in such square of any building, or addition to any building, unless
the outer walls thereof be made of brick or mortar, or some other
fire-proof material, and provide for the removal of any such
building, or addition which may be erected contrary to such pro-
hibition, at the expense of the builder or owner thereof. And if
any building shall have been commenced before said petition be
acted on by the council, or if a building in progress appear clearly
to be unsafe, the council may have such buildings taken down, at
the exclusive proper cost of the owners of such. Whenever any
building in the said city shall be on fire, it shall be the duty of and
be lawful for the chief engineer to order and direct such build-
ings, or any other building which he may deem hazardous and
likely to communicate fire to other buildings, or any part of such
buildings, to be pulled down and destroyed; and no action shall
be maintained against any person or against the city therefor;
but any person interested in any such building so destroyed or in-
jured, may, within three months thereafter, apply to the council
to assess and pay the damages he has sustained. At the expiration
of three months if any such application shall be made in writing
the council shall either pay the said claimant such sum as shall be
agreed upon by them and the said claimant for damages, or if no
such agreement shall be effected, shall proceed to ascertain the
amount of such damages, and shall provide for the appraisal, as-
sessment, collection and payment in the same manner as is pro-
vided for the ascertainment, assessment, collection and payment
of damages sustained by the taking of land for the purpose ‘of
public improvement. The commission appointed to appraise and
assess the damages incurred by the said claimant, by the pulling
down or destruction of said building, or any part thereof, by the
direction of the said officer, as above provided, shall take into ac-
count the probability of the same having been destroyed or in-
jured by fire if it had not been so pulled down or destroyed, and
may report that no damages should equitably be allowed to such
claimant. Whenever a report shall be made and confirmed in the
said proceedings for appraising and assessing the damages, a com-
pliance with the term thereof by the council shall be deemed a
full satisfaction of all said damages to the said complainant. But
any party feeling aggrieved thereby, may appeal to the hustings
or circuit court for the city of Petersburg, which court, in taking
jurisdiction thereof, shall be controlled by the laws regulating as-
sessment of damage to real estate in other cases, in all such cases
such court taking into account the probabilities of the damage
from destruction of the property under the circumstances.
Twenty-seventh. To elect, in joint meeting, a board to be known
as the “police commission,” and a board to be known as the “fire
commission,” each to consist of three members, who shall be quali-
fied electors of the city. The members of the boards first elected
hereunder shall be elected on the first day of July, nineteen hun-
dred and six, or as soon thereafter as practicable, for terms of one,
two and three years, respectively, and thereafter they shall be
elected for terms of three years. But no person shall be elected as
a member of either board who shall not receive the votes of a
majority of all the members elected to each branch of the council.
Their terms shall begin on the tirst day of July in the year in
which they are herein directed to be elected, and they shall con-
tinue in oflice until their successors are qualified. They shall qualify
within ten days after their clection by taking and subscribing the
oath required of other city officers, and filing the same with the
city auditor. If a member of either board shall fail to qualify
within that time, the council, in joint meeting, shall elect another
in his place, and all vacancies shall be filled by the council in like
manner for the unexpired term. The respective boards shall elect
one of their number president and another secretary, but any two
or them shall constitute a quorum for the transaction of business,
and in case of the absence of either its president or secretary, may
elect a president or secretary pro tempore. A member of either
board may be removed for good cause at any time, by the council,
in joint meeting, by the vote in the affirmative of a majority of all
the members elected to each branch thereof; and if any member
of either board is nanied as an applicant or candidate, or as a
proper man to be supported as a candidate for any office, or to re-
ceive such office, the president of the board of aldermen, or, in his
absence, the president of the common council, on receiving infor-
mation thereof, shall notify him of the fact, and if he shall not
within ten days thereafter file with the city auditor a statement in
writing, signed by him, that he is neither a candidate nor appli-
cant for such office, and that he will not serve if elected or ap-
pointed, the council shall, in joint meeting, declare his place vacant,
and fill the same as hereinbefore prescribed.

Each of said boards shall keep a record of its proceedings, and
on the first day of July each year, and oftener if occasion requires,
submit to the council a report of its operations and of the condi-
tion of the department under its control, and its recommenda-
tions for the advancement and efficiency thereof.

In July, nineteen hundred and six, and every four years there-
after, the police commission, as soon as its members shall have
been qualified, as hereinbefore prescribed, shall elect a police corps
for the city, consisting of such officers and patrolmen as are now
or may hereafter be prescribed by the ccuncil, whose term of office
shall be four years, beginning on the first day of July in the year
in which they are herein directed to be elected, and who shall
continue in office until their successors are qualified. From the
patrolmen it shall designate as many sergeants as the council may
prescribe, who may be returned to ranks and others designated by
it whenever and as often as the interests of the service may, in its
judgment, require, and who shall receive a sergeant’s pay, as pre-
scribed by the council, only while filling the position of sergeant.
The members of the police force shall perform such duties as may
be prescribed by law and the ordinances of the city, and the rules,
regulations and orders of the police commission not inconsistent
therewith. The chief of police shall be responsible to the police
commission for the good order and efficiency of the force and all
orders to the other officers and patrolmen of the force shall pass
through him.

In like manner the fire commission shall, in July, nineteen hun-
dred and six, and every four years thereafter, as soon as its mem-
bers shall have been qualified, elect a chief of the fire department,
and such other officers thereof as the council shall from time to
time prescribe; whose term of office shall be for four years, begin-
ning on the first day of July in the year in which they are herein
directed to be elected, and who shall continue in office until their
successors are qualified. It shall also, from time to time, employ
such minute men, at such rate of compensation as the council may
prescribe, for such time as it may think proper, and may, at any
time, discharge them and employ others. It shall have control of
the buildings and apparatus of the fire department, and make regu-
lations for the use and care thereof.

The members of the fire department shall perform such duties
as are or may be prescribed by law and the ordinances of the city
and the rules, regulations and orders of the fire commission not in-
consistent therewith. The chief of the fire department shall be
responsible to the fire commission for the good order and efficiency
of the department, and all orders to the other officers and minute
men thereof shall pass through him.

The police commission and fire commission may each adopt, pro-
mulgate and enforce rules, regulations and orders for the organiza-
tion, government, training and efficiency of the force under its
control, not inconsistent with the Constitution and laws of the State
or of the United States. the ordinance of the city, or the power of
the mayor, under the Constitution of the State, to temporarily
suspend a member of either force until the offense with which he
may be charged can be investigated, and to prescribe what dresses
or badges of authority shall be worn by them. As a punishment
for any misfeasance in office or neglect of duty, or the infraction of
any rule, regulation or order adopted for the government or con-
duct of the police and fire department, respectively, or their mem-
bers, the police commission, or the fire commission, as the case may
be, may fine the offending member of the department under its
control, not exceeding twenty dollars, or suspend him not exceed-
ing twenty days, or remove him from office; provided, he is first
given an opportunity to be present and to be heard touching the
charge against him. At such hearing he shall have the right to be
confronted with the witnesses against him, and to introduce evi-
dence in his defense. In case a fine is imposed it shall be deducted
from his pay, and in case of suspension it shall be without pay
during its continuance. In case of suspension or removal, the
accused may appeal of right within five days thereafter to the
judge of the hustings or corporation court, who shall hear the
case de novo, without a jury, in term time or in vacation, and his
decision shall be final. In time of exigency the police commission.
or any one of them, if the others be absent from the city or be un-
able to act, may appoint temporarily, without authority from the
council, a suitable number of additional policemen for such time.
not exceeding five days as shall appear necessary, at such compen-
sation as is paid to the regular policemen. The person so appointed
shall be subject to the same government and control as the regular
police force, and shall perform such police duties as may be assigned
to them. The mayor may, by warrant in writing, signed by him,
confer police powers upon the port warden, the clerks of the
markets, the keepers of the parks and cemetery, the watchmen and
custodians of the city reservoirs, the janitor of the courthouse and
other public buildings, and such other officers and employees of
the city as shall have custody of any other of the city’s property,
to be exercised with respect to the property under the charge of the
person so appointed.