Chap. 367.—-An ACT to provide a new charter for the town of Cape Charles,
Northampton county, Virginia; to repeal all acts, or parts of acts in con-
flict 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; and to
repeal all former charters of the town of Cape Charles. [H B 477]

Approved March 31, 1938
1. Be it enacted by the General Assembly of Virginia, as follows:

CHAPTER I

Section 1. The town corporate-—The inhabitants of the territory
comprised within the present limits of the town of Cape Charles, as
such limitations are now or may be hereafter altered and established
by law, shall constitute and continue a body, politic and corporate, to
be known and designated as the town of Cape Charles, and as such
shall have and may exercise all powers which are now or hereafter may
be conferred upon or delegated to towns under the Constitution and
laws of the Commonwealth of Virginia, as fully and completely as
though such powers were specifically enumerated herein, and no enu-
meration of particular powers by this charter shall be held to be
exclusive and shall have, exercise and enjoy all the rights, immunities,
powers, and privileges, and be subject to all the duties and obligations
now appertaining to and incumbent on said town as a municipal corpora-
tion, and the said town of Cape Charles, as such, shall have perpetual
succession, may sue and be sued, implead and be impleaded, contract
and be contracted with, and may have a corporate seal which it may
alter, renew, or amend at its pleasure by proper ordinance.

Section 2. The town boundary.—The corporate limits of the town
of Cape Charles, Virginia, as heretofore established, are hereby re-
established and shall be taken and deemed as the town of Cape
Charles, as follows:

Beginning at a point where the east line of Fig street intersects the
south line of Mason avenue and the lands of the Pennsylvania Railroad
Company; running thence in a westerly direction north eighty-eight
degrees west, twenty-four hundred and fifty-three feet, more or less,
to a point on the south side of Mason avenue ; thence south nine degrees
forty-two minutes east seven hundred and twenty-six feet, more or
less, to a point; thence south thirty-six degrees eight minutes west,
two hundred and ninety feet, more or less, to a point; thence along
the south line of Mud creek one hundred and sixty-five feet, more or
less, to a point at the concrete bulkhead of the coal wharf of the
Pennsylvania Railroad Company; thence along said bulkhead south
eighty-nine degrees thirty-five minutes west, four hundred and ten
feet, more or less, to a point; thence north eighty degrees fifteen minutes
west, four hundred and fifty-two feet, more or less, to a point; thence
north twenty-six degrees fifteen minutes west, nine hundred and
thirty-three feet, more or less, to a point, north fourteen degrees forty
minutes east six hundred and eighty feet, more or less, to a point,
said point being low water mark of the Eastern shore of Chesapeake
bay; thence along said low water mark by various courses twenty-
five hundred and thirty feet, more or less, to a point; thence south
eighty-eight degrees east, thirty-five hundred and thirty feet, more
or less to a point intersecting with the lands of the Thomas estate,
same being the northern boundary of the town; thence along said
boundary of the Thomas estate by various courses sixteen hundred
and ten feet, more or less, to a point; thence south three degrees and
twenty-six minutes east, eleven hundred and ten feet, more or less, to
a point, said point being the intersection with the northern boundary
of the lands of the Pennsylvania Railroad Company; thence along
said northern boundary south seventy-seven degrees fifty-four minutes
west fourteen hundred and forty-six feet, more or less, to a point in
the east line of Fig street; thence along said east line of Fig street
south two degrees west twenty feet to the point of beginning. It being
the purpose of this description to include all lands within the present
boundaries of said town according to the charter of said town and
records in the clerk’s office of Northhampton county, Virginia.

CHAPTER II

Section 1. Powers of the town of Cape Charles—(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 taxa-
tion by towns by the laws of this Commonwealth, such sums of money
as the council thereof shall deem necessary 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 improve-
ments and to force payment thereof, subject to such limitations pre-
scribed by the Constitution and laws as may be in force at the time
of the imposition 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) (a) The town may, in the name of and for the use of
the town, contract debts and make and issue, or cause to be made and
issued, as evidence thereof, bonds, notes or other obligations, upon
the credit of the town, or solely upon the credit of specific property
owned by the town, or solely upon the credit of income derived from
property used in connection with any public utility owned and operated
by the town.

(b) Pending the issuance and sale of any bonds, notes or other
obligations by this act authorized, or in anticipation of the receipt of
taxes and revenues of the current fiscal year, it shall be iawful for
the town to borrow money temporarily and to issue notes or other
evidences of indebtedness therefor, and from time to time to renew
such temporary loans or to use current funds to be ultimately repaid
from the proceeds of the said bonds, notes or other obligations or from
the town taxes and revenues, as the case may be.

(c) The credit of the town shall not, directly or indirectly, under
any device or pretense whatsoever, be granted to or in aid of any
person, firm, association or corporation.

_ (d) Every ordinance authorizing the issuance of bonds shall
specify the purpose or purposes for which they are to be issued, the
aggregate amount of the bonds, the term for which they shall be issued,
and the maximum rate of interest to be paid thereon. Any such ordi-
nance may be amended by ordinance at any time before the bonds to be
effected by such amendment have been sold; provided, however, if there
shall be omitted from this act any provision essential to the valid author-
ization, sale, execution and issuance of any of the bonds of said town,
the provisions of general law with reference to similar bonds shall
supply said omission.

(e) Any bonds issued by the town under this act shall be signed
by the mayor and attested by the clerk under the seal of the town, and
shall be made payable in the office of the town treasurer or such other
place in or out of the State as the council may provide in the ordinance
authorizing the issuance of the particular bonds. Such bonds may
be advertised by the mayor and sold by the town treasurer, as may be
provided in such ordinance, under supervision of the mayor and clerk,
and the sale reported to and approved by the council, and the proceeds
from said sale shall be paid to the town treasurer.

(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 without
the town, for any of the purposes of the town; and to hold, improve,
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 hucks-
ters and junk dealers as may be deemed advisable; and to make and
enforce such regulations as shall be necessary to prevent huckstering,
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 distribution of
water to its customers and consumers, both within and without the
corporate limits of the said town and to charge and collect water rents
thereof; 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 establish, construct, maintain and operate public landings,
public wharves, harbors and docks either within the town, or without
the town not exceeding the distance of two miles from the corporate
limits thereof; to acquire by condemnation or otherwise all lands,
riparian and other rights and easements necessary for the purposes
aforesaid; to lay and collect reasonable duties or wharfage fees on
vessels coming to or using said landings, wharves, harbors or docks ;
to dredge or deepen the harbor or river of any branch or portion thereot ;
to prescribe and enforce reasonable rules and regulations for the pro-
tection and use of its said properties, whether within or without the
town, and to impose and enforce adequate penalties for the violation
of such rules and regulations.

(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) May 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,
sewage disposal plants, jails, comfort stations, markets, and all build-
ings and structures necessary or appropriate for the use and proper
operation of the various departments of the town; and to acquire by
condemnation or otherwise, all lands, riparian and other rights, and
easements necessary for such improvements, or any of them; either
within or without the town, and to construct, maintain or aid therein,
roads, and bridges to any property owned by the said town and situate
beyond the corporate limits thereof, and to acquire land necessary for
the aforesaid by condemnation or otherwise.
(15) To acquire, establish, enter, open, widen, extend, grade, im-
prove, construct, maintain and clean public highways, streets, side-
walks, boulevards, parkways, and alleys, and to alter, vacate, or close
the same; to establish and maintain parks, golf courses, playgrounds,
and public grounds; to keep them lighted and in good order; to con-
struct, 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; to regulate the operation and
speed of cars, and vehicles upon said streets and highways, within the
town; and to do all other things whatsoever 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, gymnasia, 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 privileges of construction or using such’ stadiums, swim-
ming pools, recreation or amusement buildings, structures, or in-
closures of every character, 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
services, 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
tenant 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 ordi-
nance 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 sewage
disposal plants, and to acquire by condemnation or otherwise, within
or without the town, all lands, rights of way, riparian and other rights,
and easements necessary for the purposes aforesaid, and to charge,
assess, and collect reasonable fees, rentals, assessments or costs of
service for connection 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;
provided, however, the town shall at any time have the power to con-
tract for, own, operate, manage, sell, encumber or otherwise dispose
of, either within or without the town, any and all public utilities for
the town and to sell the services thereof, any existing franchise to the
contrary notwithstanding. | . . :
(20) To charge and to collect fees for permits to use public
facilities 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 therein;
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,
construction, operation, and maintenance of billboards, signs, adver-
tising, 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,
materials 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
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, enlarged, or repaired and to direct that any or all future
buildings within such limits shall be constructed of stone, natural or
artificial, concrete, brick, iron or other fireproof materials; and may
enact stringent and efficient laws for securing the safety of persons
from fires in halls and buildings used for public assemblies, entertain-
ments 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
regulate the exhibition of fireworks, the discharge of fire arms, and
the making 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 coter-
minous 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 reason-
able 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
adulterated, impure or otherwise dangerous to health, and to condemn,
seize and destroy or otherwise dispose of any such article or thing with-
out 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 hospital 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
performance 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, mid-wives or parents
to make reports thereto.
(28) To provide for the care, support and maintenance of children
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 institutions.

(30) To prevent fowls and animals being kept in or running at
large in the town, or any thickly populated portion thereof, and to
subject the same to such taxes, regulations and penalties as the coun-
cil 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) In so far as not prohibited by general law: to control, regu-
late, limit and restrict the operation of motor vehicles carrying passen-
gers for hire upon the streets or alleys of the town; to regulate the use
of automobiles and other automotive vehicles 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 prohibit the use of certain streets by
motor trucks; and generally to prescribe such regulations respecting
motor traffic therein as may be necessary 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, lit-
erary, educational or benevolent organizations or institutions and to
public libraries, provided such action is not prohibited by the Constitu-
tion of the State, and that all such societies, organizations or institu-
tions 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, by condemnation, purchase or otherwise, provide
for, maintain, operate and protect aircraft landing fields either within
or without the corporate limits of the town.

(35) If any ground in said town shall be subject to be covered
with stagnant water, or if the owner or owners, occupier or occupiers
thereof shall permit any offensive, unsightly or unwholesome substance
or material to remain or accumulate thereon, the town may cause such
grounds to be filled, raised, or drained or may cause such substance
to be covered or to be removed therefrom, and may collect the expense
of so doing from the owner or owners, occupier or occupiers, or any
of them (except in cases where such nuisance is caused by the action
of the town authorities or their agents, or by natural causes beyond the
control.of the owner or occupant, in which case the town shall pay the
expense of abating the same), by distress and sale in the same manne:
in which taxes levied upon real estate for the benefit of said town aré
authorized to be collected; provided, that reasonable notice and an op.
portunity to be heard shall be first given to said owners or their agents
In case of non-resident owners who have no agent in said town, suct
notice shall be given by publication at least once a week for not less
than four consecutive weeks in any newspaper having general circulatior
in the said town.

(36) To establish, organize and administer public libraries, anc
public schools, subject to the general laws establishing a standard ot
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 co-operate with any non-profit corporation in the improve-
ment and care of burial places and the approaches thereto; and to pro-
vide 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, be-
quest, 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 beg-
gars, 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, in so far as not prohibited
by the general laws of this State, to regulate, control, license and/or
tax the manufacture, bottling, sale, distribution, transportation, handling,
advertising, possession, dispensing, drinking and use of alcohol, brandy,
rum, whiskey, gin, wine, beer, lager beer, ale, porter, stout, and all
liquids, beverages and articles containing alcohol by distillation, fer-
mentation or otherwise.

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

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

(44) Where, by provisions of this act, the town has authority to
pass ordinances on any subject, they may prescribe any penaity not
exceeding twelve months in jail or a fine not exceeding five hundred
dollars, either or both, for a violation thereof, and may provide that
the offender, on failing to pay the penalty recovered and costs shall be
imprisoned in jail or prison farm of the town for a term not exceeding
ninety days, which penalties may be prosecuted and recovered with
costs in the name of the town of Cape Charles, or shall compel them to
work on the streets or other public improvements of the said town.
The town shall also have the right to establish prisoner labor force
in which they may require persons convicted of violations of town
ordinances, to work on the streets and other public grounds of the
town, and the further right to deal with the State for the use and em-
ployment of persons convicted of violations of State laws.

(45) To offer and pay rewards for the apprehension and convic-
tion 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, athough a penalty is provided upon conviction of such
violation.

(48) In so far as not prohibited by general law, to pass and
enforce all by-laws, rules, regulations and ordinances 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, com-
fort, 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 law-
ful to be done for promoting or maintaining the general welfare, com-
fort, 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 ordi-
nance, rule, or regulation or of any provision of this charter, not ex-
ceeding 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 tracts 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 Northampton county, Virginia.

(52) To own, operate and maintain electric light and gas works.
either within or without the corporate limits of the town and to sup-
ply 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 elec-
tricity and gas from the owners thereof upon such terms as it may
deem expedient.

(53) To exercise the power of eminent domain within this State
with respect to lands and improvements thereon, machinery and equip-
ment for any lawful purpose of the said town.

(54) To divert the channels of creeks and flowing streams and for
that purpose to acquire property by condemnation.

(55) In every case where a street in said town has been, or
shall be, encroached upon by any fence, building or otherwise, the
town may require the owner to remove the same, and if such removal
be not made within the time prescribed by the town, they may impose
such penalty as they may deem proper for each and every day it is
allowed to continue thereafter, and may cause the encroachment to be
removed, and collect from the owner all reasonable charges therefor,
with costs by the same process that they are hereinafter empowered
to collect taxes.

Except, in any case where there is a bona fide dispute as to the
true boundary line or the location of the true street line (and if pas-
sage over such street is not seriously impeded) the same shall first be
established and determined by an adjudication of a court of competent
jurisdiction in a proceeding instituted by either the town or the prop-
erty owner for that purpose before the said town shall take any steps
to remove the said obstruction or encroachment, or to impose any pen-
alty therefor. No encroachment upon any street, however long con-
tinued, shall constitute any adverse possession to or confer any rights
upon the persons claiming thereunder as against the said town. .

(56) Dedication of any street, alley or lane in said town may be
made by plat or deed. Any street or alley reserved in the division or
subdivision into lots of any portion of the territory within the cor-
porate limits of said town, by a plan or plat of record, shall be deemed
and held to be dedicated to public use, unless it appears by said record
that the street or alley so reserved is designated for private use. The
town shall have the right to elect, by resolution entered on its minutes
whether it will, or will not accept the dedication of any street or alley.

(57) (a) No action shall be maintained against the town for
damages for any injury to any person or property alleged to have been
sustained by reason of the negligence of the town or any officer, agent,
or employee thereof, unless a written statement, verified by the oath
of the claimant, his agent or attorney, or the personal representative
of any decedent whose death is the result of the alleged negligence of
the town, its officers, agents or employees, of the nature of the claim
and the time and place at which the injury is alleged to have occurred
or to have been received, shall have been filed with an attorney, ap-
pointed by the council for this purpose, within sixty days after such
cause of action shall have accrued, and no officers, agents or em-
ployees of the town shall have authority to waive such conditions pre-
cedent or any of them. (b) In any action against the town to recover
damages against it for any negligence in the construction or maintenance
of its streets, alleys, lanes, parks, public places, sewers, reservoirs or
water mains, where any person or corporation is liable with the town
for such negligence, every such person or corporation shall be joined
as defendant with the town in any action brought to recover damages
for such negligence, and where there is judgment or verdict against the
town, as well as the other defendant, it shall be ascertained by the
court or jury which of the defendants is primarily liable for the dam-
ages assessed. (c) If it be ascertained by the judgment of the court
that some person or corporation other than the town is primarily liable,
there shall be a stay of execution against the town until execution against
such person or persons or other corporation or corporations shall have
been returned without realizing the full amount of such judgment. (d)
If the town, where not primarily liable, shall pay the said judgment in
whole or in part, the plaintiff shall, to the extent that said judgment is
paid by the town, assign the said judgment to the town without re-
course on the plaintiff, and the town shall be entitled to have execution
issued for its benefit against the other defendant or defendants who
have been ascertained to be primarily liable, or may institute any suit
in equity to enforce the said judgment, or an action at law, or scire
facias to revive or enforce said judgment. (e) No order shall be made,
and no injunction shall be awarded, by any court or judge, to stay the
proceedings of the town in the prosecution of their works, unless it be
manifest that they, their officers, agents or servants are transcending the
authority given them by this act, and that the interposition of the court
is necessary to prevent injury that cannot be adequately compensated
in damages.

(58) Except when prohibited by general law, the town may levy
a tax or a license on any person, firm or corporation pursuing or con-
ducting any trade, business, profession, occupation, employment or call-
ing whatsoever within the boundaries of the town, whether a license
may be required therefor by the State or not, and may exceed the State
license, if any be required, and may provide penalties for any violation
thereof.

(59) Any payment of delinquent taxes made by the tenant, unless
under an expressed contract contained in his lease, shall be a credit
against the person to whom he owes the rent.

(60) A lien shall exist on all real estate within the corporate limits
for taxes, levies and assessments in favor of the town, together with
all penalties and interest due thereon, assessed thereon from the com-
mencement of the year for which the same were assessed and the
procedure for collecting the said taxes, for selling real estate for town
taxes and for the redemption of real estate sold for town taxes shall
be the same as provided in the general law of the State to the same
extent as if the provisions of said general law were herein set out at
length. The said town and its treasurer shall have the benefit of all
other and additional remedies for the collection of town taxes which
are now or hereafter may be granted or permitted under the general
law.
(61) All goods and chattels wheresoever found may be distrained
and sold for taxes and licenses assessed and due thereon; and no deed
of trust or mortgage upon goods and chattels shall prevent the same
from being distrained and sold for taxes and licenses assessed against
the grantor in such deed while such goods and chattels remain in the
grantor’s possession.

(62) Ordinances making the annual tax levy, appropriation ordi-
nances, ordinances and resolutions pertaining to local improvements and
assessments, ordinances and resolutions providing for or directing any
investigation of town affairs, resolutions requesting information from
administrative bodies, or directing administrative action and emergency
measures shall take effect at the time indicated in such ordinances. Ex-
cept as otherwise prescribed in this charter, all ordinances and resolu-
tions passed by the council shall take effect at the time indicated in
such ordinances, but in event no effective date shall be set forth in
any such ordinance, resolution or by-law passed by the council, the
same shall become effective thirty days from the date of its passage.

(63) (a) There shall be set apart annually from the revenues
of the town a sinking fund sufficient in amount, to be invested as here-
inafter set forth, to pay the outstanding indebtedness of the town as
it matures and which by its terms is not payable in one year, and the
council may in its discretion annually from time to time, set aside such
additional sinking funds as may be deemed proper. (b) When taxes
on real and personal property are collected for the year, the town treas-
urer shall take therefrom the necessary amount and any additional sum,
if any, so set apart, and deposit the same in a separate account to the
credit of the sinking fund in such bank or banks as the council may
designate ; and the said council may, if it shall so elect, cause its sink-
ing fund to be loaned on improved real estate situated in the town of
Cape Charles, secured by first mortgage liens thereon, provided such
funds shall not be loaned to a greater amount than fifty per centum of
the market value of the property, and fire insurance shall be carried
on the property during the loan in an amount at least equal to the face
amount of the loan, which money shall be loaned at the rate of six
per centum per annum, payable semi-annually and for no longer than
five years at any one time. (c) All sinking funds shall be used ex-
clusively in the payment or purchase and redemption of the outstanding
bonds of the town, and when such sinking funds are not required or
may not within a reasonable time be required for payment of any bond
of the town, or cannot be used to advantage in the purchase and re-
demption of any bonds of the town which may be outstanding, the
same may be securely invested in interest bearing municipal, State
or government bonds or loaned upon otherwise unencumbered real
estate, within the town of Cape Charles upon the basis hereinbefore pro-
vided, or invested in any securities approved by the general laws of the
State for the investment of such funds, or deposited in a bank on a
reasonable rate of interest. Such sinking fund may be used in the
payment or purchase and redemption of all bonds of the town. at:the
discretion of the council. (d) The town council shall act as the sink-
ing fund commission and shall provide for the investment, deposit and
application of the funds in conformity to the provisions of this char-
ter; and it may require of any bank or banks receiving on deposit its
revenue or any of its sinking fund security satisfactory to the council.

(64) Upon the death, resignation, removal or expiration of the
term of any officer of the town, the council shall order an audit and
investigation to be made of the accounts of such officer and report
to be made to the council as soon as practicable. After the close of
each fiscal year an annual audit shall be made of the accounts of all
town officers; said audit shall be made by a qualified accountant,
selected by the council, who shall have no personal interest, direct or
indirect, in the financial affairs of the town or any of its officers or
employees. The council may at any time provide for an examination
or audit of the accounts of any officer or department of the town
government.

(65) The council may appoint a trial justice for the said town
who shall serve for two years from the date of his appointment and
until his successor is appointed by the council and qualifies. The
mayor, or any other qualified voter of the town of Cape Charles
whom the council deems qualified, may be appointed by it as such
trial justice. If the mayor is appointed as trial justice, he shall dis-
charge such duties as the trial justice of the town under this charter
and not as the mayor of the town, in addition to the execution of the
duties of mayor imposed upon him by this charter; and his powers,
duties, authority and jurisdiction as such trial justice shall be as
hereinafter provided for the trial justice. Should the mayor be ap-
pointed trial justice, he shall receive the salary of mayor provided
by the council for the discharge of his duties as mayor as well as
such salary of trial justice as may be provided by the council, if any.

Said trial justice is hereby vested with all the power, authority and
jurisdiction and charged with all the duties within and for the town
of Cape Charles, and in criminal matters for one mile beyond the
corporate limits thereof, which are, or may hereafter be, conferred
upon trial justices by the laws of the State of Virginia, so far as the
same may be applicable and not in conflict with the provisions of this
charter; and any amendments of the trial justice laws of this State
shall be considered as amendments also of this section of this charter
if the same are applicable hereto.

Fees and costs shall be assessed by the trial justice and shall be
collected as provided by the laws of the State of Virginia relating to
trial justices as the same shall now be or as hereafter amended. All
fees and costs collected by the said trial justice and all fines collected
for violations of all laws and ordinances of the town shall be paid into
the town treasury for the use and benefit of the town.

Removals may be taken, and appeals from the decisions of the trial
justice may be taken, to the circuit court of Northampton county in the
same manner, upon the same terms and shall be tried in the same way
as removals, or as appeals from the decision of trial justices, as the
case may be, are provided to be taken and tried by the laws of the
State of Virginia, relating to trial justices as the same shall now be
or as hereafter amended.

The council may also appoint such clerk or clerks as may in their
discretion be necessary, provide for just compensation therefor and
provide necessary records.

The council of said town shall provide a salary to compensate such
trial justice in such amount and payable at such times as the council
shall deem proper, and the council may provide also for a vacation
period, either with or without pay, and for such duration, as in the
judgment of the council may be proper.

Like provisions may be made for a substitute justice, and when
such substitute acts, he shall receive the compensation which would
have been paid him had the principal acted, and which compensation
shall be deducted from the salary or allowance made to the principal.

Nothing contained herein shall prevent the town of Cape Charles
from combining with the county of Northampton for the use of one
trial justice and one substitute trial justice for such combined town and
county, in such manner as may be provided by the laws of the State
of Virginia relating to trial justices; and if the Town of Cape Charles
and county of Northampton shall at any time combine for the use of
one trial justice and one substitute trial justice for the said town and
the said county, the laws of the State of Virginia relating to trial
justices, so far as applicable, shall control and not this section of this
charter; provided, however, that the combination of the said town with
the said county for the use of one trial justice and one substitute trial
justice shall not prevent the council of the town at any time thereafter
it shall desire so to do from withdrawing the town of Cape Charles
from such combination by a vote of the council and appointing a trial
justice and a substitute trial justice for the town of Cape Charles
under the provisions of this charter, notwithstanding anything in the
trial justice laws of Virginia to the contrary; and likewise nothing
herein contained shall prevent the town, after withdrawing from such
combination, to adopt again the combination with the county.

The powers and jurisdiction provided for in this subsection sixty-
five (65) of this act as to matters other than those pertaining or re-
lating to violations of ordinances of the town may be exercised only
to the extent permitted by general law.

(66) The town shall have the power to extend or contract the
corporate limits of the town as provided by the Constitution and general
laws of Virginia in force at the time.

(67) The town of Cape Charles shall have authority to impose
taxes or assessments upon abutting landowners for making and improv-
ing the walkways upon then existing streets, and improving and paving
then existing alleys, and for either the construction, or for the use of
sewers, and the same when imposed, shall not be in excess of the
peculiar benefits resulting therefrom to such abutting landowners; and
the procedure for making such assessments and the method of collecting
such taxes and assessments, shall be in accordance with general law.
(68) (a) For all school purposes the town of Cape Charles shall
be and is hereby constituted a separate school district. The town of
Cape Charles, in so far as not prohibited by the Constitution of Vir-
ginia, is hereby vested with all the powers, authority and duties under
the Constitution and general laws of the State of Virginia relating to
the organization, administration and maintenance of public free schools
in and for the said town.

(b) Nor shall the town of Cape Charles be emmazed in any
school district of the county of Northampton.

(69) The town of Cape Charles is hereby constituted a separate
road taxing district. The said town shall have the power to own, lay
out, and maintain its street system. The county of Northampton shall
not levy any tax on the said town, or any property or residents therein
for road purposes. Nor shall said town be embraced in any road dis-
trict of the county of Northampton.

(70) The town of Cape Charles may levy a tax on all subjects
of taxation not prohibited to it by, nor exempted in, the Constitution
and general laws of Virginia.

(71) The council hereinafter created shall have full power and
authority, except as herein otherwise specifically provided, to exercise
herein all of the powers conferred upon the town, and pass all laws
and ordinances relating to its municipal affairs, subject to the Constitu-
tion and general laws of the State and of this charter, and shall have
full and complete control of all fiscal and municipal affairs of said
town and all of its real and personal properties, and may from time
to time amend, re-amend and/or repeal any or all of the said ordinances,
for the proper regulation, management, and government of the said
town and may impose fines and penalties for the violation or non-
observance thereof.

(72) The enumeration of specific powers, privileges, and author-
ity in this charter shall not be deemed exclusive, but in addition to the
powers and privileges herein mentioned, implied or appropriated, the
said town shall have and may exercise, all other powers, which are or
may hereafter be, possessed, or enjoyed, by any towns under the Con-
stitution and laws of the Commonwealth of Virginia, or not denied by
the same, as fully and completely as if herein set out at length.

CHAPTER III

Section 1. The council may adopt a town plan, showing the
streets, highways, and parks heretofore laid out, adopted, and estab-
lished, and such town plan shall be final with respect to the location,
length, and width of such streets and highways, and the location and
dimensions of such parks. Such town plan is hereby declared to be
established for the promotion of the health, safety, and general welfare.
Upon the adoption of the town plan, or any amendment thereto, a cer-
tificate to that effect, together with a plat, shall be filed immediately
with the clerk of every county affected by such town plan and oi
ment. :
Section 2. The council is hereby authorized to appoint a town plan-
ning commission, fix the number and terms of members, remove any
member for cause, fill any vacancies, which may occur, and provide
for the powers and duties of such commission, not in conflict with the
provisions of this act.

Section 3. The council may at any time, after a public hearing,
amend the town plan, by widening, relocating, or closing existing
streets and highways, and by altering any existing park or by laying
out new streets and highways and establishing new parks. Before
amending the town plan, the council shall refer the proposed amend-
ment to the town planning commission for a report thereon, and shall
not act on such amendment until a report has been received from said
commission, unless a period of thirty days has elapsed after the date of
reference to the commission. Any amendment of the town plan, upon
its adoption by the council, shall be final unless changed as herein
provided as to the location, length, and width of any street and high-
way, and the location and dimensions of any park. Any widening,
relocating, closing or laying out of streets and highways proposed under
the provisions of law other than those contained in this article shall be
deemed an amendment of the town plan, and shall be subject in all
respects to the provisions of this chapter.

Section 4. No plat showing a new street or highway within the
town, shall be filed or recorded in the office of the clerk of the town
or of any county until such plat has been approved by the council.
Before giving any approval, the council shall refer every such plat to
the town planning commission for a report, and shall not act on any
plat so referred until a report has been received from the commission,
unless a period of forty-five days has elapsed after the date oi refer-
ence to the commission. Before reporting to the council on any plat,
the commission shall hold a public hearing thereof. If any. plat is
disapproved by the commission, it shall report the reasons for such
disapproval to the council. The council shall not approve any plat
unless the streets and highways provided in such plats are of sufficient
width, of proper grades, and suitably located to meet the probable
traffic needs; to afford adequate light, air, and access of fire apparatus
to such buildings as may be erected along the proposed streets and
highways; and to insure healthful conditions on the land adjacent to
such streets and highways. The council may, in appropriate cases,
require that a plat, before being approved, shall provide adequate open
spaces for parks, playgrounds, or other recreational uses; but the in-
clusion of such open spaces upon a plat does not require their dedica-
tion to public use. After a plat has been approved by the council, the
streets, highways, parks, and other open spaces shall be a part of the
town plan. The council, after a public hearing, may adopt general
regulations in regard to the filing of plats.

Section 5. (a) Before approving such plat, and thereby accepting
the dedication of the streets, alleys, parks and public places thereon,
the council shall require that the streets and alleys thereon shall be
properly laid out and located with reference to the topography of the
land so platted and the adjoining lands, both as to connections and
widths, which widths of such streets and alleys shall be plainly marked
in figures or written on such plat, and which streets and alleys shall
be laid out in harmony with the general plan of the town.

(b) And, before approving such plat, and thereby accepting the
dedication of the streets and alleys thereon, the council shall require
the owner thereof to execute and deliver to the town of Cape Charles
a release and waiver of any claim or claims for damages which such
owner, his heirs, successors or assigns may have or acquire against
the town of Cape Charles by reason of establishing proper grade lines
on and along such streets and alleys and by reason of doing necessary
grading or filling for the purpose of placing such streets and alleys
upon the proper grade and releasing the town of Cape Charles from
building any retaining wall or walls along the streets and alleys and
property lines; and the council may require such release and waiver
to be written and executed on said plat and recorded therewith or by
an instrument of writing to be executed and recorded in the clerk’s
office of the circuit court of Northampton county.

And the council may, in its discretion, require the owner of such
platted lands to submit profiles of such streets and alleys, showing the
contour thereof, together with proper grade lines laid thereon, and if
and when the council is satisfied that the proper grade lines are laid
on such profiles, the profiles shall be approved by the council and
recorded by the owner or at his expense in the record of the profiles of
the streets and alleys of the town, and the council may, in its discretion,
require such release and waiver to be made with reference thereto.

(c) Before approving any such plat of any subdivision of lots
or lands the town council may, at its discretion, require the owner of
such lot or lands to grade the streets and alleys therein, according to
grade lines approved and established by the council.

Section 6. For the purpose of preserving the integrity of the plan,
no permit shall hereafter be issued for the construction of any building
within the street lines of any mapped street or highway, as laid down
in the town plan, within the town. Provided, however, if the land
within any mapped street or highway is not yielding a fair return to
the owner, the board of appeals, provided for herein, by a majority vote
of all its members, may issue a permit for a building within the street
line of such street or highway, upon such conditions as will increase
as little as possible the cost of opening such street or highway, and
will protect as far as possible the rights of the public and the integrity
of the town plan. The board of appeals, hereinafter authorized, before
aking any action under the provisions of this section, shall hold a
public hearing, of which adequate notice shall be given to all persons
deemed to be affected. Any decision by the board of appeals, rendered
under the provisions of this section, shall be subject to the same court
review as provided for zoning decisions of the board.
Section 7. If such town plan is adopted, no public sewer, water
pipe, or other public utility shall be laid and no grading or paving shall
be done by the town in any street or highway in the town, unless such
street or highway has been placed upon the town plan by the council.
No permit shall be issued for any building in the town unless such
building is located adjacent to a street or highway, which has been
placed upon the town plan by the council. Provided, however, where
the literal enforcement of the provisions of this section would result
in practical difficulty or unnecessary hardship, or where the nature
or use of the proposed building does not require its location to be
adjacent to a street or highway, the board of appeals, by a majority
vote of all its members, may issue a permit for a building, upon such
condition as the board may deem necessary to preserve the integrity
of the town plan and to insure the proper location of future streets
and highways in the town and the surrounding area. Any decisions
of the board of appeals, rendered under the provisions of this section,
shall be subject to the same court review as provided for zoning
decisions of the board.

CHAPTER IV

Section 1. For the purpose stated in chapter one hundred and
ninety-seven of the Acts of Assembly, approved March eighteenth,
nineteen hundred and twenty-six, the town council is hereby em-
powered to pass zoning ordinances in conformity with the said act,
as amended, subject, however, to the following modifications thereto:

(a) The council shall not adopt any zoning ordinance or map until
it shall have appointed a town planning commission, as provided for
in this act and shall have received from said commission its recom-
mendations as to a zoning ordinance and map, and shall have held
a public hearing thereon.

(b) Any zoning ordinance, regulations, restrictions, and boundaries
of districts may be changed from time to time by the council, either
upon its own motion or upon petition, under such conditions as the
council may prescribe, after a public hearing and adequate notice to
all owners and parties affected. If a protest or protests be filed with
the council, signed by the owners of twenty per centum or more of
the area of the land including in the proposed change, or by the owners
of twenty per centum or more of the area of the land immediately
adjacent to the land included in the proposed change, within a distance
of one hundred feet therefrom, or by the owners of twenty per centum
or more of the area of the land directly opposite across any street or
streets from the land included in the proposed change, within a distance
of one hundred feet from the street lines directly opposite, then no
such change shall be made except by the majority vote of all of the
members of the council. No change shall be made by the council in
any zoning ordinance or map until such change has been referred to
the town planning commission for a report thereon, and no action shall
be taken by the council until a report has been received from the com-
mission, unless a period of thirty days has elapsed after the date of
reference to the commission.

(c) Within thirty days after the adoption of any zoning ordi-
nance and map, the council shall appoint a board of appeals, consisting
of five members, none of whom shall hold any other positions with the
town.

The council may remove any member of the board for cause, after
a public hearing. If a vacancy occurs otherwise than by the expira-
tion of the term of the different members, it shall be filled by the
council for the unexpired term.

Unless the council designates some member of the board as chair-
man, the board shall select a chairman from among its own members,
and may create and fill such other offices as it may choose. The board
may employ such persons as the council may approve, and may expend
such sums as are appropriated by the council for its work.

CHAPTER V
ADMINISTRATION AND GOVERNMENT

Section 1. (a) The present mayor and council of the town of
Cape Charles shall continue in office until the expiration of the terms
of which they were respectively elected.

(b) The administration and government of the town of Cape
Charles shall be vested in one body to be called the council of the
town of Cape Charles, which shall consist of seven (7) members, six
(6) of whom shall be known as councilmen and one to be known as
mayor, all of whom shall be residents and qualified voters of the said
town. The council may create, appoint, or elect such departments,
bodies, boards, and other officers, or assessors or attorneys as are
hereinafter provided for, or as are permitted, or required by law to be
appointed by the council, or as may be deemed necessary or proper, and
may fix their compensation and define their duties.

Mayor AND VICcE-MAyYorR

Section 2. (a) The mayor shall preside at the meetings of the
council and perform such other duties as may be prescribed by this
charter and by general law, and such as may be imposed by the council,
consistent with his office. He shall be recognized as the official head
of the town for all ceremonial purposes, by the courts for the purpose
of serving civil process, and by the Governor for military purposes.
In time of public danger or emergency, he may take command of the
police, maintain order and enforce the law. Such course of action shall
be subject to review by the council.

The mayor shall have no right to vote in the council except that
in every case of a tie vote of the council, the mayor shall be entitled
to vote and his vote in case of a tie only shall have the same weight
and effect as the vote of a councilman.

The mayor shall have no power to suspend, remove or discharge
any officer, agent or employee of the town nor shall he have any power
or authority to appoint br employ any officer, agent or employee of the
town nor to fix the term of office or employment, or the compensation,
or to increase or decrease the power and authority of any officer, agent,
or employee of the town, unless such power shall have been given him
by the council, but the mayor shall have such powers with respect to
the chief of police, the policemen and employees of the police force
when and if the mayor is given the control and supervision of the
chief of police.

(b) Every ordinance, or resolution having the effect of an ordi-
nance, shall, before it becomes operative be presented to the mayor.
If he approve, he shall sign it, but if not, he may return it, with his
objections in writing, to the town clerk who shall enter the mayor’s
objections at length on the minute book of the council. The council
shall thereupon proceed to re-consider such ordinance or resolution.
If, after such consideration, two-thirds of all the members elected to
the council shall agree to pass the ordinance or resolution, it shall
become operative notwithstanding the objection of the mayor. In
all such cases the votes of members of the council upon such recon-
sideration shall be determined by “yeas” and “nays”, and the names of
the members voting for and against the ordinance or resolution shall
be entered on the minute book of the council. If any ordinance or
resolution shall not be returned by the mayor within five days (Sun-
day excepted) after it shall have been presented to him, it shall be-
come operative in like manner as if he had signed it, unless his term
of office or that of the council, shall expire within said five days.

(c) The council shall at its first meeting after the effective date
of this act choose one of its members as vice-mayor who shall serve
until August thirty-first, nineteen hundred and thirty-eight; and at
its first meeting in September, nineteen hundred and thirty-eight, and
biennially thereafter following the regular municipal election, the coun-
cil shall choose one of its members as vice-mayor. The vice-mayor
shall perform the duties of the mayor during his absence or disability.
In the event of the death, removal or resignation of the mayor, the
council shall choose one of the councilmen or some other qualified
voter of the town of Cape Charles who shall serve as mayor until the
next succeeding municipal election, at which time a successor shall
be elected by the qualified voters of the town of Cape Charles to
fill the office of mayor for the remainder of the unexpired term.

Should a member of the council be chosen to serve as mayor until
the next municipal election such councilman shall be deemed to have
surrendered his office as councilman forthwith upon his qualification
as mayor and his office of councilman shall thereupon be vacant. The
vacancy thereby created in the council shall be filled by the council.

The member of the council who shall be chosen vice-mayor shall
continue to have all the rights, privileges, powers, duties and obliga-
tions of councilman even when performing the duties of mayor during
the absence or disability of the mayor of the town.
THE COUNCIL

Section 3. (a) At the regular municipal election to be held in
the town on the second Tuesday in June in the year nineteen hundred
and thirty-eight, and every two years thereafter, there shall be elected,
in the manner prescribed by law, six councilmen and a mayor for
terms of two years beginning on the first day of September next
succeeding their election, each of whom shall serve until his successor
shall have been elected and qualified. The council shall be a con-
tinuing body, and no measure pending before such body shall abate
or be discontinued by reason of expiration of the term of office or
removal of the members of said body or any of them. Vacancies in
the council by any officer therein shall be filled within thirty days after
such vacancy occurs for the unexpired term by a majority vote of
the remaining members, except where otherwise inconsistent with the
the provisions of this charter.

(b) The council shall, by ordinance, fix the time for their stated
meetings. Special meetings shall be called by the clerk of the council
upon the request of the mayor, or any three members of the council;
no business shall be transacted at a special meeting but that for which
it shall be called, unless the council be unanimous. The meetings of
the council shall be open to the public, except when the public welfare
shall require executive sessions,

If any member of the said council shall be voluntarily absent from
three regular meetings of the council consecutively, his seat may be
deemed vacant by resolution of the council and thereupon his unex-
pired term shall be filled according to the provisions of this act.

Town CLERK

Section 4. The town clerk shall be appointed by the council, and
shall attend the meetings of the council and shall keep permanent rec-
ords of its proceedings; he shall be custodian of the town seal and
shall affix it to all documents and instruments requiring the seal, and
shall attest the same; he shall keep all papers, codes, documents, and
records pertaining to the town, the custody of which is not otherwise
provided for in this charter; he shall give notice to all parties, pre-
senting petitions, or communications to the council of the final action
of the council on such communications or petitions; he shall give to
the proper department or officials ample notice of the expiration or
termination of any franchise, contracts or agreements; he shall pub-
lish such reports and ordinances as the council is required to publish,
and such other records and ordinances as it may direct; he shall upon
final passage transmit to the proper departments or officials copies
of all ordinances or resolutions of the council relating in any way
to such departments or to the duties of such officials, and he shall per-
form such other acts and duties as the council may, from time to time,
allow or require.
Town TREASURER

Section 5. (a) The town treasurer shall, before entering upon
the duties of his office, give bond with sufficient surety to be approved
by the council, in a penalty of such amount as may be fixed by the
council from time to time, payable to the town of Cape Charles, con-
ditioned for the true and faithful performance of the duties of his
office. The treasurer shall be responsible for the collection of all taxes,
licenses and levies and charges for services furnished by the public
utilities of the town. The council shall have authority to place in the
hands of a town collector to be appointed by it the collection of any
taxes, licenses and other levies at any time if in the discretion of the
council it shall be proper so to do.

(b) The town treasurer shall receive all moneys belonging to
the town which it is his duty to collect from persons owing the same
to the town, or which it is the duty of other officers of the town to
collect and pay over to him, and pay the same out as the ordinances
of the town may prescribe; to keep such moneys safely and account
therefor; and to pay all drafts or orders made on him in conformity
with the ordinances of the town.

(c) The funds of the town shall be deposited by the treasurer
in such bank or banks as the council may direct, and such bank or
banks may be required to give security in such sum or sums as the
council shall fix. He shall keep books showing accurately the state
of his accounts and the money of the town shall be kept distinct and
separate from his own money and he is hereby expressly prohibited
from using directly or indirectly the town’s money, checks or warrants
in his custody and keeping for his own use and benefit, or that of
any person or persons whomsoever, and any violation of this pro-
vision shall subject him to immediate removal from office.

(d) The books and accounts of the town treasurer and all papers
relating to the accounts and transactions of the town, shall be at all
times subject to the inspection of the mayor, the town council, and
such other persons as the council may appoint, to examine the same,
and all such books and accounts, together with any balance or moneys on
hand, shall be transferred by the treasurer to his successor at every
new appointment, or delivered up as the council may at any time
require.

(e) The town treasurer shall, when required by the council,
render an account to the council showing the state of the treasury
and the balance of money on hand. He shall also, if required so to
do by the council, accompany such account with a statement of all
money received by him and on what account, with a list of all checks
paid by him during the month then closed, and shall furnish such
other information, accounts and statements as the town council may
direct.

(f{) The town treasurer shall annually submit to the town coun-
cil, at such time as directed by the council, a full and detailed account
of all receipts and disbursements made during the fiscal year just
closed.

(gz) All taxes, levies or other sums of money of whatever nature
received by the town treasurer belonging to the town of Cape Charles
shall be credited by the treasurer on his books to the town of Cape
Charles and shall be paid out by him only on a warrant of the clerk
of the council, countersigned by the mayor.

(h) The treasurer shall keep a separate account of each fund and
appropriation and the debts and credits belonging thereto; provided,
however, that the council shall have the right to require all town
funds to be deposited to the credit of the town and may prescribe by
resolution or ordinance such other method of disbursement as it shall
from time to time deem proper.

(i) All moneys received on all special assessments shall be held
by the treasurer as a special fund, to be applied to the payment of
the matter for which the assessment was made and said moneys shall
be used for no other purpose.

(j) The treasurer shall perform such additional duties as may be
required of him by the council not inconsistent with the laws of the
State.

(k) The town treasurer shall receive for his services such com-
pensation, if any, as the council may deem proper.

Town SERGEANT

Section 6. There shall be appointed by the council a town ser-
geant who shall qualify and give bond in such amount as the council
may require. He shall be vested with powers of a conservator of the
peace, and shall have the same powers and discharge the same duties
as a constable within the corporate limits of the town and to a distance
of one mile beyond the same, and shall perform such other duties as
may be from time to time prescribed by the council.

Town OFFICERS—GENERAL

Section 7. (a) The town council may combine offices when not
expressly prohibited, except that the assessing and collecting officers
shall not be the same person.

(b) The town council shall grant and pay to all town officers
and employees such salaries or compensation, if any, as the said
council may from time to time deem just and proper, or which shall
be fixed by this act, except as such salaries or compensation may be
fixed by general law.

(c) If any person, having been an officer of such town, shall
not within ten days after he shall have vacated, or removed from office,
and upon notification or request of the clerk of the council, or within
such time thereafter as the town council shall allow, deliver over to
his successor in office all property, books, and papers belonging to
the town, or appertaining to such office in his possession or under his
control, he shall forfeit and pay to the town the sum of five hundred
dollars, to be sued for in the name of the town and recovered with
costs; and all books, records, and documents used in any such office
by virtue of any provision of this act, or of any ordinance or order of
the town council, or any superior officer of the said town, shall be
deemed the property of the said town and appertaining to said office,
and the chief officer thereof shall be responsible therefor.

(d) All officers hereafter elected under this act, shall be elected
at the times and for the terms, as hereinbefore provided, and shall
enter upon the discharge of their duties, in accordance with the pro-
visions of the general laws of this State concerning town officers.

(e) The town of Cape Charles and the officers thereof, elected or
appointed in accordance with the provisions of this act, shall be clothed
with all the powers, and be subject to all the provisions of law not in
express conflict with the provisions of this act.

(f{) The mayor, the town councilmen, the town sergeant and the
members of the police force of the town shall have jurisdiction, power
and authority in criminal and police matters for one mile from the
corporate limits of the said town.

(g) All officers elected or appointed under the provisions of this
charter, shall, unless otherwise provided under general law or by this
charter, or by ordinance of the council, execute such bond with such
approved security as may be required by general law, by this charter,
or by ordinance or resolution of the council, and file the same with the
town clerk before entering upon the discharge of their duties; and in
event of default on the part of any bonded municipal officer, the town
shall have the same remedies against him and his sureties as are pro-
vided for the State in enforcing the penalty of any official bond given
to it.

(h) All officers elected or appointed under the provisions of* this
charter shall take the oath of office required by general laws before
entering upon the discharge of his duties, and if these requirements
have not been complied with within thirty days after the term of
office shall have begun or after his appointment to fill a vacancy,
then such office shall be considered vacant.

CHAPTER VI
GENERAL PROVISIONS

Section 1. The mayor, town clerk and town treasurer shall have
power to administer oaths, and to take and sign affidavits in the dis-
charge of their respective official duties.

Section 2. The council, mayor, and any officer, board or com-
mission authorized by the council, shall have power to make investi-
gations as to town affairs and for that purpose to subpoena witnesses,
administer oaths and compel the production of books and papers.
Any person refusing or failing to attend or to testify or to produce
such books and papers may, by summons issued by such officer or
board or the town council, be summoned before the mayor of said
town by the board, official, or council making such investigation and
upon his failure to give satisfactory explanation of such failure or
refusal, may be fined by the mayor not exceeding one hundred dollars
or imprisoned not exceeding thirty days, and such person shall have
the right to appeal to the circuit court of Northampton county. Any
person who shall give false testimony under oath at any such investi-
gation shall be liable to prosecution for perjury.

Section 3. The plan of government provided by this charter may
be changed to any other plan provided for the government of incor-
porated towns in the manner provided by general law therefor; and
if and when the town of Cape Charles shall become a city of the second
class in the manner provided by general law, the plan of government
provided by this charter shall continue so far as applicable, but such
plan of government may be changed to any other plan provided for
the government of cities of the second class at any time in the manner
provided by general law.

Section 4. All contracts and obligations heretofore or hereafter
made by the council of the town of Cape Charles, while in office, not
inconsistent with this charter, or the constitution, or the general laws
of this State shall be, and are hereby declared to be valid and legal.

Section 5. All ordinances now in force in the town of Cape
Charles, not inconsistent with this charter shall be and remain in
force until altered, amended or repealed by the council of the said
town.

Section 6. Vacancies in all elective or appointive offices may be
filled by a majority vote of the council. No appointive officer shall
be elected for a term longer than two years at any one time. But
this ‘provision shall not prevent the council from electing such officer
for as many unexpired or full terms as the council may desire. A
vacancy in the elective offices of the town may be filled by the council
until the next municipal election only, regardless of the term of such
elective officer, at which time the person or persons, as the case may
be, receiving the highest number of votes at the regular municipal elec-
tion shall fill the full unexpired terms of such elective officer. In the
event there are no or not sufficient candidates at any regular municipal
election to fill the offices of council or mayor, the council is hereby
empowered to fill such vacancies.

Section 7. If any clause, sentence, paragraph, or part of this
act, shall for any reason be adjudged by any court of competent juris-
diction to be invalid, said judgment shall not affect, impair or invali-
date the remainder of the said act, but shall be confined in its oper-
ations to the clause, sentence, paragraph or part thereof directly
involved in the controversy in which said judgment shall have been
rendered,
Section 8. This act may for all purposes be referred to or cited
he Cape Charles Charter of nineteen hundred and thirty-eight.

2. All acts or parts of acts in conflict with this charter, in so
as they affect the provisions of this charter, and all former charters
amendments thereto for the town of Cape Charles, Virginia, are

eby repealed.

3. An emergency existing, this act shall be in force from its pas-

S,