Chap. 201.—An ACT to amend and re-enact Section 13, of an act entitled
“An act to amend and re-enact all acts creating and amending the charter
of the city of Charlottesville and to provide a charter and special form
of government for the said city, and to repeal all acts and parts of acts
inconsistent with this act, so far as they relate to the city of Charlottesville”,
approved March 24, 1922, relating to certain powers of the ay iO)

B 2

Approved March 18, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion thirteen of an act entitled, ““An act to amend and re-enact all
acts creating and amending the charter of the city of Charlottesville,
and to provide a charter and special form of government for the
said city, and to repeal all acts and parts of acts inconsistent with
this act, so far as they relate to the city of Charlottesville’, approved
March twenty-fourth, nineteen hundred and twenty-two, be amended
and re-enacted so as to read as follows:

Section 13. The council of the city, except as hereinbefore pro-
vided, shall have power within said city to control and manage the
fiscal and municipal affairs of the city and all property, real and per-
sonal, belonging to said city; they shall have power to provide a
revenue for the city, and appropriate the same to its expenses, also to
provide the annual assessments of taxable persons and property in
the city, and it may make such ordinances, orders, and by-laws re-
lating to the foregoing powers of this section as it shall deem proper
and necessary. They shall likewise have power to make such ordi-
nances, by-laws, orders and regulations as it may deem desirable to
carry out the following powers which are hereby vested in them:

First. To close, extend, widen, narrow, lay out, grade, 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 expedient by all the said councils. The land included in
any street that is closed shall revert to the abutting owners on either
side of the same, each receiving one-half thereof. That is, the new
line of each abutter shall be the middle of the former street. The
said council may have over any street or alley in the street, which has
been, or may be ceded to the city, like authority as over other streets
or alleys, and may prevent or remove any structure, obstruction or
encroachment over, or under, or in a street or alley, or any sidewalk
thereof.
Second. To prevent the cumbering of the 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.

Third. To extinguish and prevent fires, prevent property from
being stolen, and to compel citizens to render assistance to the fire de-
partment in case of need, and to establish, regulate and control a fire
department for said city; to regulate the size of materials, and con-
struction of buildings hereafter erected, in such manner as the public
safety and convenience may require; to remove, or require to be re-
moved, any building, structure, or addition thereto which, by reason
of dilapidation, defect of structure, or other causes, may have, or
shall, become dangerous 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 all future buildings
within such limits shall be constructed of stone, natural or artificial,
concrete, brick or iron.

Fourth. 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.

Fifth. To provide for the preservation of the general health of
the inhabitants of said city, make regulations to secure the same, prevent
the introduction or spreading of contagious or infectious diseases,
and prevent and suppress diseases generally; to provide and regulate
hospitals within or without the city limits, and to enforce the removal
of persons afflicted with contagious or infectious diseases to hospitals
provided for them; to provide for the appointment and organization
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 disposition 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.

Sixth. To acquire by purchase, condemnation, or otherwise, either
within or without the city, lands to be appropriated, improved and kept
in order as places for the interment of the dead, and may charge for
the use of the grounds in said places of interment, and may regulate
the same; to prevent 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 owners)
of all cemeteries, and shall have power within the city to acquire by
purchase, condemnation, or otherwise, such lands, and in such quantity
as it may deem proper or necessary for the purpose of burying the
dead; provided, however, that no part of such cemeteries, when es-
tablished or enlarged, shall be within one hundred feet of any resi-
dence without the consent of the owner of the legal and equitable
title of such residence, and provided further that the provisions of
chapter one hundred and seventy-six of the Code of Virginia, as now
existing or hereafter amended, for condemnation of land thereunder
so far as applicable shall apply to condemnation proceedings by the
city hereunder.

The title to any land acquired by condemnation hereunder shall
vest in the city of Charlottesville.

Seventh. To establish a quarantine ground within or without the
city limits, and such quarantine refulations against infectious and
contagious diseases as the said councils may see fit, subject to the laws
of the State, and of the United States.

Eighth. To require and compel the abatement and removal, of
all nuisances within the said city, or upon any property owned by said
city, without its limits, at the expense of the person or persons causing
the same, or the occupant or owner of the ground whereon the same
may be; to prevent and 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 regu-
late the transportation of all articles through the streets of the city;
to compel the abatement of smoke and dust; to regulate the location
of stables, and the manner in which they shall be constructed and
kept.

Ninth. If any ground in the said city shall be subject to be covered
by stagnant water, or if the owner or occupant thereon shall permit
any offensive or unwholesome substance to remain or accumulate
thereon, the said councils may cause such ground to be filled up,
raised, or drained, or may cause such substance to be covered or
removed therefrom, and may collect the expense 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; provided, 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 newspaper
published in said city, such publication to be at the expense of said
owner, and cost thereof to be collected as a part of the expense here-
inbefore provided for.

Tenth. To direct the location of all buildings for storing gun-
powder or other explosive or combustible substance; to regulate or
prohibit the sale and use of dynamite, gunpowder, fire-crackers, kero-
sene oil, gasoline, nitro-glycerine, camphene, burning fluid, and all
explosive or combustible materials, the exhibition of fireworks, the dis-
charge of firearms, the use of candles and lights in barns, stables and
other buildings, the making of bonfires and the carrying of concealed
weapons.

Eleventh. To prevent the running at large in said city of all
animals and fowls. and to regulate and prohibit the keeping or raising
of the same within said city, and to subject the same to such confis-
cation, levies, regulations and taxes as it may deem proper.

Twelfth. In so far as not prohibited by general law. 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 prevent the flying of kites, throwing of stones, or the
engaging in any employment or sport in the streets or public alleys,
dangerous or annoying to the public, and to prohibit and punish the
abuse of animals.

Thirteenth. To restrain and punish drunkards, vagrants, mendi-
cants and street beggars.

Fourteenth. To prevent vice and immorality: to preserve public
peace and good order, to prevent and quell riots, disturbances and dis-
orderly assemblage; to suppress houses of ill-fame, and gaming houses ;
to prevent lewd, indecent or disorderly conduct or exhibitions in the
city, and to expel from said city persons guilty of such conduct.

Fifteenth. To prevent, prohibit or regulate the coming into the
city from points either within, or beyond the limits of the State, of
paupers or 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 railroad company, or the owners of any
conveyances 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 company, or owner, to take any such
person back to the city whence he was brought, and may compel any
such person to leave the city, if he has not been in the city more than
ninety days before the order is given.

Sixteenth. 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.

Seventeenth. Said council shall have power to require and take
from the city’s business manager, chief of police, treasurer, auditor,
commissioner of the revenue, and all other bonded officers, bonds with
security and in such penalty as they may see fit, which said bonds shall
be made payable to the city by its corporate name, and conditioned for
the faithful discharge of their duties; said bonds shall be entered on
the record of the council and shall be filed with the clerk of the cor-
poration court of the city.

Eighteenth. Said council shall have power to erect, or authorize
or prohibit the erection of gas works, waterworks, or electric light
works in or near the city, and to regulate the same.
Nineteenth. To prohibit the pollution of water which may be
provided for the use of the city.

Twentieth. To pass all by-laws, rules and ordinances, not re-
pugnant to the Constitution and laws of the State, which they may
deem necessary for the good order and government of the city, the
management of its property, the conduct of its affairs, the peace, com-
fort, convenience, order, morals, health, and protection of its citi-
zens or their property, including authority to keep a city police force;
and to 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 city, or officers thereof, or which may be necessarily incident to
a municipal corporation; and to enable the authorities of said city more
effectually to enforce the provisions of this section, and any other
powers conferred upon them by this charter, their jurisdiction, civil
and criminal, is hereby declared to extend one mile beyond the cor-
porate limits of said city.

Twenty-first. To create a floating debt not exceeding one hundred
thousand dollars when, by a vote of the total membership of the
council, the council has passed a resolution declaring it expedient to
do so, and when the creating of the floating debt thereby provided for
is for the purpose of installing, or extending, one or more public util-
ities, which constitute an asset, or assets, at least equal in value to
the amount expended thereon, which utility, or utilities, shall materially
add to the service rendered by the city to its tax-payers and other
citizens ; and it shall be the duty of the council to provide in the next
bond issue for the bonding of the floating debt thus created, and fail-
ure to do this shall suspend this clause.

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