Chap. 202.——An ACT to amend and re-enact section 1, article 3 of an act entitled
an act to incorporate the town of Phoebus in Elizabeth City county, ap-
proved January 22, 1900, as heretofore amended. [S B 223]

Approved March 14, 1936

1. Be it enacted by the General Assembly of Virginia, That section
one, article three of the Code of Virginia be amended so as to read
as follows:

ARTICLE III

Section 1. The council shall have all the general powers vested in
it by the Constitution and laws of the State and it shall have powers
to enact ordinances, providing for the exercise within its jurisdiction of
all powers which the State itself may exercise under the Constitution,
except such as may be specifically denied towns by the act of the Gen-
eral Assembly; and shall further have power

(a) To levy, assess and collect taxes on all of the property, real,
personal and mixed, owned within the corporate limits, not exempt
from taxation by the laws of this State, at a rate not exceeding two
dollars each year for general purposes on each one hundred dollars
assessed valuation thereof.

(b) To levy, assess and collect taxes for town licenses upon the
conduct of business, the sale of merchandise and upon the practice of
the professions, upon theatrical and circus companies; menageries,
jugglers, itinerant salesmen, and all shows and exhibitions for which
an entrance fee is required ; upon the business of commission merchants
living within or without the town and buying or selling therein; upon
the business of bankrupt and fire sales, brokers and pawnbrokers, and
upon any and all other business, occupations, and pursuits upon which
a license tax is levied by the State, and upon which a city or town may
levy a license tax under the general law, but nothing herein contained
shall be construed to repeal or amend any provision of the general laws
ACTS OF ASSEMBLY UTL

of the State as to segregation of taxes; and upon such other business
within the town as may be lawful; and upon all wagons, drays, carts,
hacks and other wheeled vehicles and delivery wagons used for business
within the town, whether the owners reside within or without the limits
thereof, and upon automobiles, locomobiles, motorcycles and vehicles
operated other than by animal power ; and upon dogs and other animals.

(c) To impose special or local assessments for local improvements,
and enforce payment thereof; subject, however, only to the limitations
prescribed by the Constitution of Virginia, as may be in force at the
time of the imposition of such special or local assessments, and as may
be vested in it under the general laws of the State.

(d) To secure and protect the inhabitant from contagious, infectious
or other dangerous diseases; to compel the abatement and removal of
all nuisances and to require the cutting and removing of all weeds from
lots, streets and alleys within the town at the expense of the person
or persons causing the same or the owner or owners of the grounds
whereon the same shall be; to prevent or regulate the exercise of any
dangerous, offensive or unhealthy business of employment therein.

(e) To direct the location of all buildings for storing explosives or
combustible substances; to regulate the sale and use of gun powder,
nitroglycerine, fireworks, gasoline, kerosene oil or other like combustible
material; to regulate the exhibition of fireworks, the discharge of fire-
arms and the making of bonfires in streets and yards.

(f) To prevent vice and immorality; to preserve public peace and
good order; to prevent and quell riots, disturbances and disorderly as-
semblages ; to suppress houses of ill fame and gaming houses, to prevent
lewd, indecent and disorderly conduct or exhibition in the town, and
to expel therefrom persons guilty of such conduct who have resided
therein less than one year.

(g) To make such regulations and orders as will protect its citizens
from unsafe houses or walls, and to that end it shall have the power
to cause to be condemned and taken down any such building or wall,
but no such condemnation shall be made or such house or wall be taken
down until the owner thereof. or in case of an infant or insane person,
his guardian or committee, be duly summoned before the board of
officers of the town, or the committee of the council thereof charged by
the ordinances with such duty, and allowed reasonable opportunity to
show cause against such action.

(h) To provide for the regular and safe construction of houses in
the town for the future, and

To designate and prescribe from time to time the parts of the town
within which no buildings shall be erected and to regulate the con-
struction of buildings in the town so as to protect it against danger
from fire.

(i) To make such ordinances, by-laws, orders and regulations as it
may deem necessary to prevent hogs, dogs, chickens and other animals
from running at large in the limits of the town.

(j) To pass all by-laws, rules and ordinances not repugnant to the
Constitution and laws of the State which it may deem necessary for
VTL ACTS OF ASSEMBLY | ¥+h.

the good order of the 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 and of their prop-
erty, and do such other things and pass such other laws as may be
necessary or proper to carry into full effect any power, authority,
capacity or jurisdiction, which is or shall be granted to or vested in said
town or in the council, court or officers thereof, or which may be neces-
sarily incident to a municipal corporation.

(kx) To enact ordinances providing fines, penalties and costs im-
posed for the violation or non-observances, by-laws, and resolutions
adopted pursuant to this act and to the general laws of this Common-
wealth, and to enforce same by imprisonment in the town or county
jail where such fines, penalties and costs cannot be otherwise collected.

(1) To levy, assess and collect a capitation tax not exceeding one
dollar, ($1.00) on each male inhabitant over the age of twenty-one
years, resident in the town, who is subject to a State capitation tax.

(m) To receive and collect its proportion of taxes received from
property at Fort Monroe as herein set out. Approved March twenty-
fourth, nineteen hundred and thirty.

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