Chap. 68.—An ACT to amend and re-enact section 9 of an act of the
general assembly, entitled an act to provide a charter for the city of
Winchester, approved April 2, 1874, as amended by an act approved
April 30, 1874, as amended by an act approved February 26, 1896, as
amended in section 9 and section 11 thereof by an act approved March
5, 1900, as amended in section 9 thereof by an act approved March 9,
1910. [H B 74]

Approved March 21, 1923.

1. Be it enacted by the general assembly of Virginia, That
section nine of an act of the general assembly, entitled an act
to provide a charter for the city of Winchester, approved April
second, eighteen hundred and seventy-four, as amended by an
act approved April thirtieth, eighteen hundred and seventy-
four, and as further amended by an act approved February
twenty-sixth, eighteen hundred and ninety-six, and as further
amended by an act approved March fifth, nineteen hundred, and
as further amended by an act approved March ninth, nineteen
hundred and ten, be amended and re-enacted to read as follows:

9. The common council shall elect a president, who shall
preside at its meetings. The council shall also elect a vice-presi-
dent, who shall perform the duties of the president in his ab-
sence. The council shall have power within said city to lay off,
alter and improve streets, alleys, squares and walks ; to regulate
the width or size of same and to keep them in order, or cause
them to be kept in order; to require the owners or occupants of
property abutting thereon to keep sidewalks free of ice, snow
and other obstructions; to lay off public grounds and to regulate
and control the same, and to provide and take care of public
buildings and to require and compel the abatement of anything
which, in the opinion of the majority of the council, shall be a
nuisance, at the expense of the person causing the same, or of
the owner of the ground whereon the same shall be, and to pro-
vide for the collection of said expense by suit or motion; to pre-
vent and regulate slaughter houses, privies, cesspools or open
receptacles for water, or the exercise of any dangerous, offensive
or unhealthy business or employment in the city; to provide for
the inspection of meats, milk and food products to be sold in
the city of Winchester, and to prohibit the sale in the city of
Winchester of impure meats, milk or food products that are
prepared for market under unsanitary conditions, and to pro-
hibit the exposure of meats, milk or food products for sale in
an unsanitary way upon the public streets, unprotected from
dirt, flies and other contamination; to provide fines for the sale
in the city of Winchester of impure or unsanitary meats, milk
or food products, to be imposed and collected as other city fines
are now imposed and collected; to provide for the collection of
vital statistics and for the reporting of all dangerous diseases
to the health department of the city; to provide rules and regula-
tion for inspection of plumbing, drains, gas and water pipes and
fixtures in the city of Winchester, and to prohibit plumbing
deemed unsanitary, and provide rules and regulations for
plumbing work, gas and water installation in the city of Win-
chester; to prescribe rules and regulations for the government
and operation of the sewerage and water systems of the city of
Winchester, and to impose a sewerage tax or rental for the use
of the sewers by those connecting therewith; to prohibit the
running of waste water into the public streets; to prevent stock
from running at large in said city; to provide against and for
contagious diseases; to establish markets and regulations for
the same; to provide for taking care of the poor of the city; to
purchase or accept gifts of and hold such real estate as it may
deem necessary for the purposes of the city; to levy taxes on all
property, persons and licenses taxable by the State, except in
cases where the imposition of taxes or licenses by cities and towns
is prohibited by general law; to tax dogs and impose a water
and sewerage tax; to provide a revenue for the city, and to ap-
propriate the same; to contract debts in the name of the city of
Winchester, and for the use of said corporation, not to exceed
in the aggregate at any one time (except authorized as pro-
vided for by the general laws of the State) the sum of fifty
thousand dollars; to adopt rules for its government and the
transaction of business: to establish offices and appoint such
officers as it may deem necessary; to define the powers and lia-
bilities, prescribe the duties, and fix the terms of service of all
its appointees, except where they are defined, prescribed or
fixed by this act or the laws of the State; to require and take
from them bonds, with such sureties and in such penalties as it
may determine for the faithful discharge of their duties, all
such bonds to be made payable to the city of Winchester; to re-
move its appointees; to fill all vacancies in the council, and
generally (and in addition to the special powers in this act
granted) to do all such things as the council may deem proper
for the prosperity, quiet and good order of the city. The
council shall have all such other powers as are now or may
hereafter be conferred on the council of any city or town having
a population of five thousand or over by the Constitution and
general laws of the State, not to conflict with this act. For
carrying into effect its special and general powers the council
shall have power to make all such ordinances and by-laws, not
inconsistent with the laws of the State, as it may deem neces-
sary, and to prescribe fines and other punishment for a viola-
tion thereof, not in conflict with the laws of the State, and to
enforce the ordinances of the city. Any fine or other punish-
ment prescribed for violation of any ordinance of the city may,
upon conviction, be imposed upon warrant issued in the name
of the city of Winchester by any justice of the peace or the
mayor.

All fines imposed for violation of city ordinances may be
recovered by execution issued by the justice or other officer im-
posing the fine, or by some other justice, or the payment of any
such fine may be enforced by imprisonment in jail not exceed-
ing sixty days. When a fine is imposed by a justice or the
mayor shall exceed, exclusive of costs, the sum of twenty dollars,
the defendant shall have the right to appeal to the corporation
court of Winchester, upon giving bond with good and sufficient
security, payable to the city of Winchester, conditioned to
satisfy such judgment as may be rendered by said court.