Chap. 35. An ACT to amend and re-enact section 3 of an act entitled “An
act to provide a new charter for the town of Altavista, Campbell county,
Virginia; to repeal all acts, or parts of acts in conflict therewith; and to
validate all contracts heretofore or hereafter made by the present council
and government while in office not inconsistent with this charter or the
Constitution and general laws of this State,” approved March 30, Bel

[S B
Approved January 15, 1937

1. Be it enacted by the General Assembly of Virginia, That section
three of an act entitled “An act to provide a new charter for the town
of Altavista, Campbell county, Virginia; to repeal all acts, or parts of
acts in conflict therewith; and to validate all contracts heretofore or
hereafter made by the present council and government while in office
not inconsistent with this charter or the Constitution and general laws
of this State,” approved March thirtieth, nineteen hundred and thirty-
six, be amended and re-enacted so as to read as follows:

Section 3. Powers of the town of Altavista—In addition to the
powers elsewhere mentioned in this charter and the powers conferred
by general law and the Constitution, the said town of Altavista shall
have the following powers:

(1) To raise annually, by the levy of taxes and assessments in the
said town, on all such property, real and personal, as is now or may
be subject to taxation by towns by the revenue laws of this Common-
wealth, such sums of money as the council thereof shall deem neces-
sary for the purpose of the said town, in such manner as the said
council shall deem expedient in accordance with the Constitution of
this State and of the United States; provided, however, that it shall
impose no taxes on the bonds of the said town.

(2) To impose special or local assessments for local improvements
and to force payment thereof, subject to such limitations prescribed by
the Constitution and laws as may be in force at the time of the im-
position of such special or local assessments. .

(3) To impose a tax not exceeding one dollar per annum upon all
persons residing in said town above the age of twenty-one years, not
exempt from the payment of State capitation tax.

(4) To contract debts, borrow money and make and issue evidences
of indebtedness.

(5) To expend the money of the town for all lawful purposes.

(6) To acquire by purchase, gift, devise, condemnation or other-
wise property, real or personal, or any estate therein within or with-
out the town, for any of the purposes of the town; and to hold, im-
prove, sell, lease, mortgage, pledge, or otherwise dispose of the same
or any part thereof, including any property now owned by the town.

(7) To establish markets in the town and regulate the same, and
to enforce such regulations in regards to the keeping and sales of
fresh meat, vegetables, eggs and other green groceries and the trade of
hucksters and junk dealers as may be deemd advisable; and to make
and enforce such regulations as shall be necessary to prevent huckster-
ing, forestalling or regrating.

(8) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands,
property rights, and riparian rights as the council of the said town
may deem necessary for the purpose of providing an adequate water
supply to the said town and of piping and conducting the same; to
lay, erect and maintain all necessary mains and service lines, either
within or without the corporate limits of the said town, for the dis-
tribution of water to its customers and consumers, both within and
without the corporate limits of the said town and to charge and col-
lect water rents therefor; to erect and maintain all necessary dams,
pumping stations and other works in connection therewith; to make
reasonable rules and regulations for promoting the purity of its said
water supply and for protecting the same from pollution; and for this
purpose to exercise full police powers and sanitary patrol over all land
comprised within the limits of the water shed, tributary to any such
water supply wherever such lands may be located in this State; to
impose and enforce adequate penalties for the violation of any such
rules and regulations; and to prevent by injunction any pollution or
threatened pollution of such water supply, and any and all acts likely
to impair the purity thereof; and to carry out the powers herein
granted, the said town may exercise within the State all powers of
eminent domain provided by the laws of this State.

(9) To acquire by gift, purchase, exchange or by the exercise of
the power of eminent domain within this State lands, or any interest
or estate in lands, rock quarries, gravel pits, sand pits, water and water
rights and the necessary roadways thereto, either within or without
the town, and acquire and install machinery and equipment, and build
the necessary roads or tramways thereto; and operate the same for
the purpose of producing materials required for any and all purposes
of the town; and to acquire, purchase, exchange or by the exercise
of the power of eminent domain within this State, lands, machinery
and equipment, and build and operate a plant or plants for the prepa-
ration and fixing of materials for any and all purposes of the said town.

(10) To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and to make reasonable
charges therefor; to acquire and operate reduction or any other plants
for the utilization or destruction of such materials, or any of them; to
contract or regulate the collection and disposal thereof and to require
and regulate the collection and disposal thereof.

(11) To inspect, test, measure and weigh any commodity or com-
modities or articles of consumption for use within the town; and to
establish, regulate, license and inspect weights, meters, measures and
scales.

(12) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals, and other similar shows or fairs,
or prohibit the holding of the same, or any of them, within the town
or within one mile thereof.

(13) To require every owner of motor vehicles residing in the
said town, on a date to be designated by the council, to annually register
such motor vehicles and to obtain a license to operate the same by mak-
ing application to the treasurer of the said town, or such other person
as may be designated by the council of the said town, to issue said
license, and to require the said owner to pay an annual license fee
therefor to be fixed by the council; provided that the said license fee
shall not exceed the amount charged by the State on the said machine.

(14) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, armories,
jails, comfort stations, markets, and all buildings and structures neces-
sary or appropriate for the use and proper operation of the various de-
partments of the town; and to acquire by condemnation or otherwise, all
lands, riparian and other rights and easements necessary for such im-
provements, or any of them.

(15) To establish, enter, open, widen, extend, grade, improve, con-
struct, maintain and clean public highways, streets, sidewalks, boulevards,
parkways, and alleys, and to alter, vacate, or close the same; to estab-
lish and maintain parks, playgrounds, and public grounds; to keep
them lighted and in good order; to construct, maintain and operate
bridges, viaducts, subways, tunnels, sewers and drains and to regulate.
the use of all such highways, parks, public grounds and works; to
plant and maintain or remove shade trees along the streets and upon
such public grounds; to prevent the obstruction of such streets and
highways, abolish and prevent grade crossings over the same by rail-
roads in the manner prescribed by the general law for the elimination
of grade crossings; to require any railroad company operating a rail-
road at a place where any highway or street is crossed within the town
limits to erect and maintain at such crossing any style of gate deemed
proper and keep a man in charge thereof, or keep a flagman at such
crossing during such hours as the council may require in accordance
with the general law of the State, and to regulate the length of time
such crossing may be closed due to any operations of the railroads;
to regulate the operation and speed of cars, and vehicles upon said
streets and highways, as well as the speed of all engines, cars, and
trains on railroads within the town; and to do all other things what-
soever adapted to make said streets and highways safe, convenient
and attractive.

(16) To construct in such parks, playgrounds, and public grounds,
as it may maintain, or upon any town property, stadiums, swimming
pools, and recreation or amusement buildings, structures, or inclosures
of every character, refreshment stands, restaurants, et cetera; to charge
for admissions, and use of the same, and to rent out or lease the privi-
leges of construction or using such stadiums, swimming pools, recrea-
tion or amusement buildings, structures, or inclosures of every char-
acter, refreshment stands, or restaurants, et cetera.

(17) To establish, impose, and enforce the collection of water and
sewage rates, and rates and charges for public utilities, or other ser-
vices, products, or conveniences, operated, rented or furnished by the
town; and to assess, or cause to be assessed, after reasonable notice
to the owner or owners, water and sewage rates and charges directly
against the owner or owners of the buildings or against the proper ten-
ant or tenants; and in event such rates and charges shall be assessed
against a tenant then the council may by ordinance, require of such
tenant a deposit of such reasonable amount as it may by such ordinance
prescribe before furnishing such service to such tenant.

(18) To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to con-
nect therewith and to establish, construct, maintain and operate sew-
age disposal plants, and to acquire by condemnation or otherwise, within
or without the town, all lands, rights of ways, riparian and other rights,
and easements necessary for the purposes aforesaid, and to charge, as-
sess, and collect reasonable fees, rentals, assessments or costs of service
for connecting with and using the same.

(19) Subject to the provisions of the Constitution and general laws
of Virginia and this charter to grant franchises for public utilities.

(20) To charge and to collect fees for permits'to use public facili-
ties and for public services and privileges. The said town shall have
the power and right to charge a different rate for any service rendered
or convenience furnished to citizens without the corporate limits from
the rates charged for similar service to citizens within the corporate
limits.

(21) To compel the abatement and removal of all nuisances within
the town or upon property owned by the town beyond its limits at the
expense of the person or persons causing the same, or of the owner
or occupant of the ground or premises whereon the same may be, and
to collect said expense by suit or motion or by distress and sale; to
require all lands, lots and other premises within the town, to be kept
clean and sanitary and free from stagnant water, weeds, filth, and un-
sightly deposits, or to make them so at the expense of the owners or
occupants thereof, and to collect said expense by suit or motion, or
by distress and sale; to regulate, or prevent slaughter houses or other
noisome or offensive business within the said town, the keeping of
hogs or other animals, poultry or other fowl therein, or the exercise
of any dangerous or unwholesome business, trade or employment there-
in; to regulate the transportation of all articles through the streets of
the town; to compel the abatement of smoke and dust and prevent un-
necessary noise; to regulate the location of stables and the manner in
which they shall be kept and constructed; to regulate the location, con-
struction, operation, and maintenance of billboards and generally to
define, prohibit, abate, suppress and prevent all things detrimental to
the health, morals, aesthetic, safety, convenience and welfare of the
inhabitants of the town; and to require all owners or occupants of
property having sidewalks in front thereof to keep the same clean and
sanitary, and free from all weeds, filth, unsightly deposits, ice and
snow.

(22) To extinguish and prevent fires, and to establish, regulate and
control a fire department or division, to regulate the size, height, mate-
‘rials and construction of buildings, fences, walls, retaining walls and
other structures hereafter erected in such manner as the public safety
and conveniences may require; to remove or require to be removed
or reconstructed any building, structure or addition thereto which by
reason of dilapidation, defect of structure, or other causes may have
become dangerous to life or property, or which may be erected con-
trary to law; to establish and designate from time to time fire limits,
within which limits wooden buildings shall not be constructed, removed,
added to, enlarged, or repaired and to direct that any or all future build-
ings within such limits shall be constructed of stone, natural or artificial,
concrete, brick, iron or other fireproof materials; and may enact strin-
gent and efficient laws for securing the safety of persons from fires
in halls and buildings used for public assemblies, entertainments or
amusements.

(23) To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gunpowder,
nitro-glycerin, fireworks, kerosene oil or other like materials; to regu-
late the exhibition of fireworks, the discharge of firearms, and the mak-
ing of bonfires in the streets and yards.

(24) To authorize and regulate the erection of party walls and
fences, and to prescribe how the cost thereof shall be borne by co-
terminous owners. |

(25) To provide for regular and safe construction of houses in the
town for the future, and to provide a building code for the town, to
provide setback lines on the streets beyond which no building may be
constructed, to require the standard of all dwelling houses be main-
tained in residential section in keeping with the majority of residences
therein, and to require the standard of all business houses be maintained
in business sections in keeping with the majority of the business houses
therein.

(26) To provide by ordinance for a system of meat and milk in-
spection, and regulate the sale of meat and milk, and appoint meat and
milk inspectors, agents or officers to carry the same into effect, within
or without the corporate limits of the said town; to license, regulate,
control and locate slaughter houses within or without the corporate
limits of the town; and for such services of inspection to make rea-
sonable charges therefor; and to provide reasonable penalties for the
violation of such ordinances.

(27) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect
all foodstuffs and prevent the introduction and sale in said town of
any articles or thing intended for human consumption, which is adul-
terated, impure or otherwise dangerous to health, and to condemn, seize
and destroy or otherwise dispose of any such article or thing without
liability to the owner thereof; to prevent the introduction or spread
of contagious or infectious diseases, and prevent and suppress disease
generally; to provide and regulate hospitals within or without the town
limits, and if necessary to the suppression of diseases, to enforce the
removal of persons afflicted with contagious or infectious diseases to
hospitals provided for them; to construct and maintain or to aid in the
construction and maintenance of a hospital or hospitals for the use
of the people of the town; to provide for the organization of a depart-
ment or bureau of health, to have the powers of a board of health for
said town, with the authority necessary for the prompt and efficient per-
formance of its duties, with the power to invest any or all the officials
or employees of such department of health with such powers as the
police officers of the town have, to establish quarantine ground within
or without the town, and establish such quarantine regulations against
infectious and contagious diseases as the council may see fit, subject
to the laws of the State and of the United States; and to provide for
a bureau of vital statistics and require physicians, midwives, or parents
to make reports thereto.

(28) To provide for the care, support and maintenance of chil-
dren and of sick, aged, insane or poor persons and paupers.

(29) To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive or penal insti-
tutions.

(30) To prevent fowls and animals being kept in or running at
large in the town, or any thickly populated portion thereof, and to sub-
ject the same to such taxes, regulations and confiscations as the council
may think proper.

(31) To prevent the riding or driving of horses or other animals
at an improper speed; to prevent the flying of kites, throwing of stones,
or engaging in any sort of employment in the public streets which is
dangerous or annoying to passersby, and to prohibit and punish the
abuse of animals.

(32) To control, regulate, limit and restrict the operation of motor
vehicles carrying passengers for hire upon the streets or alleys of the
town; to regulate the use of automobiles and other automotive ve-
hicles upon the streets; to regulate the routes in and through the
town to be used by motor vehicle carriers operating in and through said
town and to prescribe different routes for different carriers; to pro-
hibit the use of certain streets by motor trucks; and generally to pre-
scribe such regulations respecting motor traffic therein as may be neces-
sary for the general welfare.

(33) To grant aid to military companies and to contribute to the
support of a band maintained within the said town, to associations
for the advancement of agriculture or the mechanic arts, to scientific,
literary, educational or benevolent organizations or institutions and
to public libraries, provided such action is not prohibited by the Con-
stitution of the State, and that all such societies, organizations or
institutions be located in or near the town, and, provided, further, that
no appropriation for any such purpose shall be made, nor shall aid be
otherwise granted through exemption from charge for use of water
or light facilities or otherwise, either with or without charge, beyond
the city limits, unless two-thirds of all members elected to the council
vote therefor. |

(34) To acquire, in any lawful manner, for the purpose of en-
couraging commerce and manufacture, lands within or without the
town not exceeding at any one time five hundred acres in the aggre-
gate, and from time to time to sell or lease the same or any part
thereof for industrial or commercial uses and purposes.

(35) To construct and maintain, or aid in the construction and
maintenance of public roads, boulevards, pathways, ferries and bridges
beyond the limits of the town, in order to facilitate public travel to
and from said town upon an affirmative vote of at least two-thirds
of the members-elect of the council, provided that no such appropriation
shall be made toward the purchase, building or improvement of any
road or bridge, et cetera, more than ten miles beyond the corporate
limits of the town; and to construct and maintain or aid therein, roads,
and bridges to any property owned by the said town and situated
beyond the corporate limits thereof; and to acquire land necessary
for the aforesaid by condemnation or otherwise.

(36) To establish, organize and administer public libraries, and
public schools, subject to the general laws establishing a standard of
education for the State; and to provide for a census.

(37) To provide in or near the town, lands to be used as burial
places for the dead; to improve and care for the same and the ap-
proaches thereto, and to charge for and regulate the use of the
ground therein; to cooperate with any non-profit corporation in the
improvement and care of burial places and the approaches thereto;
and to provide for the perpetual upkeep and care of any plot or burial
lot therein, the town is authorized to take and receive sums of money
by gift, bequest, or otherwise to be kept invested, and the income
thereof used in and about the perpetual upkeep and care of the said
lot or plot, for which the said donation, gift, or bequest shall have been
made.

(38) To prevent any person having no visible means of support,
paupers, and persons who may be dangerous to the peace and safety
of the town, from coming to said town from without the same; and
also to expel therefrom any such person who has been in said town
less than twelve months. ,

(39) To exercise full police powers and establish and maintain a
department or division of police. ,

(40) To restrain and punish drunkards, vagrants and street beggars,
to prevent and quell riots, disturbances and disorderly assemblages ;
to suppress houses of ill-fame and gambling houses; to prevent and
punish lewd, indecent and disorderly exhibitions in said town; and to
expel therefrom persons guilty of such conduct who have not resided
therein as much as one year.

(41) To make and enforce ordinances, not inconsistent with the
laws of this State. |

(42) To prohibit and punish mischievous, wanton, or malicious
damage to school and public property, as well as private property.

(43) To prohibit and punish minors from frequenting, playing in
or loitering in any public poolroom, billiard parlor, or bowling alley,
and to punish any proprietor or agent thereof for permitting same.

(44) To compel persons sentenced to confinement in the jail of
the town for any misdemeanor or other violation of the laws or
ordinances of the said town to work on the public streets, parks or
other public works of the town; and on the requisition of the mayor,
or other person acting as judge of the municipal court, it shall be the
duty of the sergeant of the town to deliver such person to the duly
authorized agent of the town for such purposes from day to day as
he may be required. ,

(45) To offer and pay rewards for the apprehension and con-
viction of criminals.

(46) To give names to or alter the names of streets.

(47) To enjoin and restrain the violation of any town ordinance
or ordinances, although a penalty is provided upon conviction of such
violation.

(48) To pass and enforce all by-laws, rules, regulations and ordi-
nances which it may deem necessary for the good order and government
of the town, the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health and protection
of its citizens or their property and to do such other things and pass
such other laws as may be necessary or proper to carry into full effect,
all powers, authority, capacity, or jurisdiction, which is or shall be
granted to or vested in said town, or in the council, court, or officers
thereof, of which may be necessarily incident to a municipal corporation.

(49) To do all things whatsoever necessary or expedient and lawful
to be done for promoting or maintaining the general welfare, comfort,
education, morals, peace, government, health, trade, commerce, or
industries of the town, or its inhabitants.

(50) To prescribe any penalty for the violation of any town
ordinance, rule, or regulation or of any provision of this charter, not
exceeding five hundred dollars or twelve months’ imprisonment in
jail, or both.
(51) To make and adopt a comprehensive plan for the town, and
to that end all plats and re-plats hereafter made subdividing any land
within the town or within one mile thereof, into streets, alleys, roads,
and lots or tract shall be submitted to and approved by the council
before such plats or re-plats are filed for record or recorded in the
office of the clerk of Campbell county, Virginia.

(52) To own, operate, and maintain electric light and gas works,
either within or without the corporate iimits of the town and to supply
electricity and gas whether the same be generated or purchased by said
town, to its customers and consumers both without and within the
corporate limits of the said town, at such price and upon such terms
as it may prescribe, and to that end it may contract and purchase
electricity and gas from the owners thereof upon such terms as it may
deem expedient. .

2. An emergency existing, this act shall be in force from its passage.