An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
Chap. 229.—An ACT to amend and re-enact an act approved March 13,
1914, entitled an act to amend and re-enact section 20 of an act of
the general assembly of Virginia, approved March 7, 1912, entitled
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;
February 2, 1901; February 15, 1901; March 15, 1902; and to define
the boundaries 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 oy an order of the circuit court of
Norfolk county, which was entered on the 9th day of January, 1906.
(H.
B. 436.)
Approved March 17, 1916.
1. Be it enacted by the general assembly of Virginia, That
section twenty of an act of the general assembly of Virginia,
approved March thirteenth, nineteen hundred and fourteen, en-
titled an act to amend and re-enact section twenty of an act
of the general assembly of Virginia, approved March seventh,
nineteen hundred and twelve, entitled an act to amend and re-
enact section twenty of an act of the general assembly of Vir-
ginia, approved March fourteenth, nineteen hundred and six,
entitled an act to amend and re-enact an act of the general as-
sembly of Virginia in force January twenty-first, eighteen hun-
dred 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, ap-
proved, respectively, April sixth, eighteen hundred and eighty-
seven; April twenty-eighth, eighteen hundred and eighty-seven;
May fourteenth, eighteen hundred and eighty-seven; February
fourteenth, nineteen hundred; February twenty-first, nineteen
hundred; 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 twen-
ty-second, eighteen hundred and ninety, and March fourteenth,
nineteen hundred and two, and by an order of the circuit court
of Norfolk county, which was entered on the ninth day of Janu-
ary, nineteen hundred and six, be amended and re-enacted to
read as follows:
Section 20. The city council shall have, subject to the provi-
sions 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 eity, 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-
ing therefor, and to enforce such regulations as shall be neces-
sary or proper to prevent huckstering, forestalling and
regrating.
Second. To erect or provide, in or near the city, suitable
workhouses, 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 bene-
fits of the poor laws, and regulate pauperism within the limits
of the city, and the said council, through the agencies it shall
appoint for the direction and management of the poor of the
city, shall exercise the powers and perform the duties vested by
Jaw in overseers of the poor.
hird. 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 said city, and to regulate
the placing cf 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 safekeeping 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 acquire by purchase, gift, grant or devise lands,
either within or without the city limits, not exceeding five thou-
sand acres, to hold the same, and from time to time to dispose
of said lands, or any part thereof, either by sale or lease, for
commercial purposes, or for sites for manufacturing plants; 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, electric light plants,
cold storage plants, heating plants, sewer plants, conduit plants,
hospitals, cemeteries, public wharves or docks and public ware-
houses or either or any of them, and for the construction and
maintenance of water works, gas works, electric light plants,
cold storage plants, heating plants, sewer plants, conduit plants,
public wharves or docks and public warehouses, may make such
ordinances and regulations for the government, management or
use thereof or of either or any 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, heat-
ing, sewer plants, conduit plants, public wharves or docks and
public warehouses, 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
for the delivery of water within the city of Portsmouth, or, on
the west side of Elizabeth river, within three miles of the cor-
porate 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 purposes of public parks, gas works, electric light
plants, cold storage plants, heating plants, sewer plants, con-
duit plants, hospitals, public wharves or docks and public ware-
houses, the amount of land to be held by the city of Norfolk
shall not exceed two thousand acres; and provided further, that,
in allition 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 land and lands covered with water in the counties of Nor-
folk and Princess Anne, or in any other county or counties in
this State as are expedient either for a supply of water or for
enlarging or improving its present water supply, or for prevent-
ing 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 land 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 waters
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 dis-
tribution. 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 else-
where with water and for the transaction of the business per-
taining thereto; provided, however, that in case part only of
the land of any person is proposed to be taken by the said
city, the commissioners 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 case the said city shall take and hold
such parts in fee subject to such easements, right or rights
of way.
The said council is empowered to require all wires and cables
carrying electricity to be placed in conduits, to prescribe and
establish reasonable rules and regulations for the construction
of such conduits, and to provide for the supervision over all
electrical devices and appliances used 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 prohibit-
ing the throwing of filth or offensive matter therein, or its pol-
lution 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.
Sixth. To establish, construct and keep in order, alter or
remove landings, wharves and docks on land belonging to or
which shall hereafter belong 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 lim-
its of said city as may be needful and convenient to reach any
suburb, town or village, or any property of said city lying
outside the city limits, and may condemn such lands as may be
necessary for the building and maintaining of such roads and
bridges, and may establish and collect tolls on any such bridge.
The council of the city of Norfolk is hereby empowered to
appoint a board of dock commissioners to which shall be com-
mitted the management, subject to the control of said council,
of any public wharves, docks or public warehouses which the
said council shall deem expedient to provide under the powers
conferred by the charter of the city of Norfolk.
Said board of dock commissioners shall consist of eleven
members, two of whom shall be the president of the common
council and the president of the board of aldermen and nine of
whom shall be qualified voters of the city of Norfolk nominated
to the said council by the mayor and selected by him as follows:
Two members of the chamber of commerce of Norfolk; one
member of the board of trade and business men’s association;
one member of the Norfolk and Portsmouth Cotton Exchange;
one member of the Norfolk Real Estate and Stock Exchange;
one member of the Tidewater Wholesale Grocer’s Association ;
one member of the Retail Merchant’s Association; one member
of the Builders’ Exchange of Norfolk; one member whom he
shall select from the citizens of Norfolk at large.
The members of each of the above commercial bodies se-
jected by the mayor shall be recommended to him by the board
of directors of each respective commercial body.
Should any of the foregoing organizations cease to exist or
be without a legal successor, the members appointed therefrom
shall serve out their allotted terms and their successors shall
thereafter be nominated by the mayor and appointed by the
city council.
The term of office of the first appointees shall be as follows:
Three for two years; three for four years; three for six years;
and the term of each shall be specified by the mayor in nomi-
nating them. The terms of the said members shall date from
their respective appointments, and they shall serve until their
respective successors are duly appointed and qualified.
The successors of the first appointees shall be recommended
from the commercial organizations, nominated by the mayor
and appointed by the council, as hereinbefore provided for the
term of six (6) years from the dates of their respective ap-
pointments. Vacancies in said board shall be filled in the same
manner as the original appointments are made; the appoint-
ments being made from the organization of which the persons
positions have been vacated were representatives.
The officers of said board shall consist of a president, a
vice-president, a secretary and a treasurer, who shall be elected
annually. The duties of said officers shall be such as may be
prescribed by the board, and the board shall require them to
give satisfactory bond, payab'e to the city of Norfolk, for the
faithful performance of the duties of their respective offices in
such amount and allow them such compensation, as said board
may consider commensurate with the responsibilities and du-
ties on their respective offices, subject to the approval of said
council.
The appointees of said board of dock commissioners shall
qualify within ten (10) days after their appointments have
been made by the said council, and as soon as practicable, there-
after they shall meet and organize by the election of a presi-
dent, a vice-president, a secretary and a treasurer for the en-
suing year and shall file notice of their organization with the
city clerk.
Subject to the authority of said council, the board of dock
commissioners may select and purchase or otherwise acquire
for the city of Norfolk such land and river front property as
may be required for the construction of public wharves, docks
and warehouses; shall have necessary plans prepared for all
buildings and structures thereon and shall construct, control,
maintain and operate the same; shall employ all persons neces-
sary for the prosecution of all business connected therewith and
shall fix their compensation; and shall fix such tariffs for
wharfage, storage, handling merchandise and for all other ser-
vices which may be rendered to those who avail themselves of
the use of said public wharves, docks or warehouses, and do
all such acts as may properly be required in the conduct of the
operations of said public wharves, docks and warehouses.
Said board of dock commissioners shall have the power
to adopt rules and regulations for the government of the board
and of its officers and employees, as it shall deem expedient.
All contracts made by said board of dock commissioners and
all obligations incurred by it shall be subject to the authoriza-
tion or approval of the said council.
An emergency existing by reason of the necessity for the
immediate organization of a board of dock commissioners, this
act shall be in force from its passage.
Seventh. To close, extend, widen, narrow, lay out, grad-
uate, improve and otherwise alter streets and public alleys in
the said city, and have them properly lighted and kept. in good
order, 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 pre-
vent or remove any structure, obstruction or encroachment over
or under 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
whatsoever; 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, regu-
late 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 re-
quire; to remove, or require to be removed, any building, struc-
ture 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, how-
ever, that by a vote of two-thirds of all the members of the city
council permission may be granted for storage sheds constructed
on pile piers or wharves on the waterfront, the sides and roofs
of which shall be covered with corrugated: iron or other fire-
proof 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 pleases,
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 gauged, inspected, measured, weighed or metered.
Fourteenth. To require every merchant, 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 learning owned or ex-
clusively controlled by such city, and also to provide for or aid
in support of public wharves or docks and public warehouses,
and to make appropriations for the benefit of the same.
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 infectious diseases, and prevent and suppress dis-
ease generally; to provide and regulate hospitals within or with-
out the city limits, and to enforce the removal of persons af-
flicted 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
department of health with such powers as the police officers
of the city have; to regulate the burial, cremation, or disposi-
tion 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 place of interment, and may regulate the same; to pre-
vent the burial of the dead in the city, except in public burying
grounds; to regulate burials in said grounds; to require the
keeping and return of bills of mortality by the keepers or own-
ers of all cemeteries, and shall have power to acquire by pur-
chase, 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 with 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 per-
son 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 unhealthy
business, trade or employment therein; to regulate the trans-
portation of all articles through the streets of the city; to
compel the abatement of smoke and dust; to regulate the loca-
tion 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 with 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 col-
Ject the expenses of so doing from the said owner or occupant
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, 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 newspa-
per 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
storing gunpowder or other explosive or combustible substances ;
to regulate or prohibit the sale and use of dynamite, gunpowder,
firecrackers, or fireworks, kerosene oil, nitroglycerine, cam-
phene, burning fluid and all explosive or combustible materials,
the exhibition of fireworks, the discharge of firearms, the use
of candles and lights in barns, stables and other buildings, the
making of bonfires, and the carrying of concealed weapons. |
Twenty-second. To prevent the running at large in said
city of all animals and fowls, and to regulate or prohibit the
keeping 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 pre-
vent the flying of kites, throwing of stones, or the engaging in
any employment or sport in the street or public alleys danger-
ous or annoying to the public, and to prohibit and punish the
abuse of animals.
Twenty-fourth. To restrain and punish drunkards, va-
grants, 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 house of ill-
fame and gaming houses; to prevent lewd, indecent, or disor-
derly conduct or exhibitions in the city, and to expel from the
said city persons guilty of such conduct who shall not have
resided herein as much as one year.
Twenty-sixth. To forbid and prevent the selling or other
disposition of liquors or intoxicating drinks to be drunk in
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 im-
pose 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 lim-
its 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 rail-
road company, the captain or master of any vessel, or the own-
ers 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 compel any such per-
son to leave the city if he has not been in the city more than
ninety days before the order is given.
Twenty-eight. 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.