Chap. 364.—An ACT to provide a new charter for the Town of Kenbridge, in the

County of Lunenburg, and to repeal all acts or parts of acts in_conflic

- therewith. . : | [TH B 406)
Approved April 1, 1942

1. Beit enacted by the General Assembly of Virginia, as follows:

Section 1. The inhabitants of the Town of Kenbridge, in Lunen.
burg County, as its boundaries are described by section two hereof, o1
‘as its boundaries may be hereafter established, be and continued to be <
‘body politic and corporate, in part and in name, to be known and desig
nated as the Town of Kenbridge, and as such shall have and may exer
cise all powers which are now, or may hereafter be conferred upon o1
delegated to towns under the Constitution and the laws of the Common
wealth of Virginia, as fully and completely as though said powers wer
specifically enumerated herein, and no enumeration of particular power:
by this charter shall be held to be exclusive. |

Section 2. The territory contained within the limits of the saic
town is described as follows: Start at a point marked by a white oal
tree, which point is the intersection of two lines as follows: A line run
from the north corner of the Bank of Lunenburg building of the magnetic
reading of north fifty-five degrees west and a line from the southeast cor-
ner of the Farmers Union Warehouse of the magnetic bearing of north
two degrees east.

Beginning at said white oak, and using magnetic readings as of nine-
teen hundred and twelve, and running as follows: North one and one-half
degrees east, one hundred and seventy-five feet ; thence north one degree
east, seven hundred and forty-five feet ; thence south eighty-eight degrees
east, two thousand and forty-six feet ; thence south fifty-two degrees east,
one hundred feet ; thence north fifty-four and one-half degrees east, four
hundred feet ; thence south thirty-five and one-half degrees east, five hun-
dred feet; thence south fifty-four and one-half degrees west, eight hun-
dred feet; thence south thirty-five degrees east, seven hundred and six-
ty feet ; thence south thirty-six and one-half degrees east, one thousand,
nine hundred and fifty-five feet; thence south forty degrees west, two
hundred and eighty feet; thence south fifty degrees east, three thousand
and ninety feet; thence south forty degrees west, one thousand one hun-
dred and eighty-four feet to a point in the south line of the Virginian
Railroad’s right of way ; thence along this line of right of way north fifty-
two degrees west, five thousand one hundred and eighty feet; thence
south forty degrees west, two thousand and six hundred feet ; thence north
sixty-five degrees west, eight hundred feet to a point in Cox Road or now
Broad Street ; thence south forty degrees west, five hundred and ninety-
five feet ; thence north fifty degrees west, three hundred and seventy-five
feet; thence north forty degrees east, two thousand one hundred and
forty-five feet; thence north fifty-four and one-half degrees west, four
hundred and eight feet; thence north twelve and one-half degrees west,
five hundred and thirty feet; thence south seventy-seven and one-half
degrees west, two hundred and thirty-five feet; thence north twelve and
one-half degrees west, two hundred feet ; thence south seventy-seven and
one-half degrees west, two hundred and seventy feet ; thence north twelve
and one-half degrees west, ninety feet; thence south seventy-seven and
one-half degrees west, four hundred and eighty-five feet; thence north
twelve and one-half degrees east, three hundred and fifty-nine feet ; thence
north twenty-six degrees east, twelve hundred and fifty feet to a point in
the north line of the Virginian Railroad’s right of way; thence south
fifty-four degrees east, six hundred and fifteen feet ; thence a straight line
to the point of beginning.

Section 3. Creation of Council—There is hereby created a council
which shall have full power and authority, except as herein otherwise
stated, to exercise all the powers conferred upon the town, and to pass
all laws and ordinances relating to its municipal affairs, subject to the
Constitution and general laws of the State and of this charter.

Section 4. Composition of council and vacancies.—The council shall
consist of a mayor and six other electors of the town, who shall be de-
nominated the council of said town. The mayor and councilmen shall be
elected for a term of two years at a general election held for that purpose
on the second Tuesday of June, nineteen hundred and forty-two, and the
cH. 364] ACTS OF ASSEMBLY 45

second Tuesday in June every two years thereafter as provided by law,
and the persons so elected shall enter upon the duties of their office on the
first day of September next succeeding their election, and shall continue in
office until their successors are qualified.

Every person elected a councilman of the town, shall, on or before
the day on which he enters upon the performance of his duties, qualify by
taking and subscribing an oath faithfully to execute the duties of his of-
fice to the best of his judgment; and the person elected mayor shall take
and subscribe the oath prescribed by law for State officers.

Any such oath of councilmen and mayor may be taken before any
officer authorized by law to administer oaths, and shall, when so taken
and subscribed, be forthwith returned to the recorder of the town, who
shall enter the same on record on the minute book of the council.

The councilmen shall judge of the election, qualification and returns
of its members; may fine them for disorderly behavior, and, with the con-
currence of two-thirds of its membership expel a member. If any person
returned be adjudged disqualified, or be expelled, a new election to fill the
vacancy shall be held in the town on such date as the council may pre-
scribe, except that where there shall be vacancies in the majority of the
council, the circuit court of Lunenburg county, or the judge thereof in
vacation, shall fill such vacancies. Any vacancy occurring otherwise dur-
ing the term for which any of the said persons have been elected may be
filled by the council by the appointment of anyone eligible for such office.
A vacancy in the office of the mayor may be filled by the council from the
electors of said town.

Section 5. Qualification of mayor and councilmen.—Any person,
qualified to vote in the town in the election in which he offers shall be
eligible to the office of mayor or councilman. Oe

Section 6. Disqualification of mayor and councilmen.—Any mem-
ber of the council who shall have been convicted of a felony while in of-
fice shall forfeit his office.

Section 7 Organization and meetings of council.—At eight o’clock
post meridian on the first day in September following a regular munici-
pal election, or if such day be a Sunday or a legal holiday, then on the day
following, the council shall meet at the usual place for holding its meet-
ings, at which time the newly elected mayor and councilmen, after first
having taken the oaths prescribed by law, shall assume the duties of their
offices. Thereafter the council shall meet at such times as may be pre-
scribed by ordinance or resolution. The mayor or any three members ot
the council may call special meetings of the council at any time after giv-
ing at least twelve hours written notice to the other members of the pur-
pose, place, and time of such special meeting. Special meetings may also be
held at any time without notice, provided all members of the council at-
tend.

A majority of all members shall constitute a quorum, but a smallet
number may adjourn from time to time, and compel the attendance o!
absentees.

The council shall fix the compensation of its members and of al
other officers and/or agents and employees of the town.
Section 8. Powers of mayor.—The mayor shall be the chief execu-
tive officer of the town. He shall control the police of the town, and may
appoint special police officers when he deems it necessary.

All by-laws and ordinances, before they become valid and operative,
shall have his signature, but the mayor shall vote only in cases where the
vote is a tie.

In the absence or disability of the mayor, his duties shall be per-
formed by such member of the council as may be designated and appointed
by the council.

In addition to the powers and duties herein specifically enumerated,
the mayor shall be vested with all such other powers and charged with all
such other duties, not in conflict herewith, as are provided by the Con-
stitution and general laws of the State.

Section 9, The town sergeant.—There shall be a sergeant for said
town who shall be elected by the council, who shall serve at the will and
pleasure of the council.

The sergeant shall be the chief police officer of the town and shall
perform such duties and be invested with such authority as is provided
by the general law for sergeants of towns, and shall perform such other
duties and be invested with such other authority as the council may pre-
scribe. ,

Section 10. Other officers—The council may create, appoint, or
elect such other officers, assessors, attorneys, or agents, departments,
bodies or boards for the town as may be deemed necessary or proper, and
may fix their compensation and define their duties, and require such bond
as may seem necessary.

Section 11. Powers of the town.—In addition to the powers men-
tioned in section one hereof, the said Town of Kenbridge shall have the
following powers:

First: To raise annually by taxes and assessments in said town such
sums of money as the council thereof shall deem necessary for the pur-
poses of said town, and in such manner as said council shall deem ex-
pedient, in accordance with the Constitution of this State and the United
States, and of the general laws of the State in pursuance thereof.

Second: To impose special or local assessments for local improve-
ments and enforce payment thereof, subject however, to such limitations
prescribed by the Constitution of Virginia as may be in force at the time
of the imposition of such special or local assessments.

Third: To contract debts, borrow money, and make and issue evi-
dence of indebtedness. :

Fourth: To expend the money of the town for all lawful purposes.

Fifth: To acquire by purchase, gift, devise, condemnation or other-
wise, property, real or personal, or any estate or interest therein, within
or without said town for any of the purposes of the town; and to hold, im-
prove, sell, lease, or dispose of the same or any part thereof, including any
property now.owned by the town. 7 _

Sixth: To own, operate, and maintain water works and to acquire
within or without said town such water lines, property rights, and ripar-
jan rights as the council of said town may deem necessary for the pur-
cH. 364] ACTS OF ASSEMBLY 545

pose of providing an adequate water supply for said town, and of piping
or conducting the same into the town; to lay all necessary mains and
service lines, either within or without the corporate limits of said town
with which to distribute said water, and to charge and collect water rents
therefor; to erect and maintain all necessary dams, pumping stations,
filter plants, or 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 to do all things necessary in
order to provide an adequate public water system for the town.

Seventh : To establish, construct, and maintain sanitary sewers, sewer
lines, sewerage disposal plants and systems, and to require the owners or
occupiers of real estate within the corporate limits of the town, which
may front or abut on the line of any such sewer system to make connec-
tion therewith, and to use such sewer facilities as may be furnished by
the town, under such ordinances and regulations as the council may deem
necessary or proper for the proper disposal of sewerage and to improve
and secure sanitary conditions; to charge, assess and collect reasonable
fees, rentals, or assessments or costs of service for connecting with and us-
ing such sewers, and to make regulations for the use, enjoyment, protec-
tion, and care of such sewers and sewer systems ; and the power to enforce
the observance of all such ordinances and regulations by the imposition
and collection of fines and penalties for noncompliance thereof, as other
fines and penalties for violation of the ordinances of the town are collected.

Eighth: In every case where a street, alley, park or public property
of the town has been, or shall be, occupied or encroached upon by a fence,
building, porch, projection, or otherwise, without first having obtained
consent thereto from the town council or a franchise thereof, such oc-
cupancy or encroachment shall be deemed a nuisance, and the owner or
occupant of the premises encroaching, upon conviction of so doing, shall
be fined not less than five ($5.00) nor more than fifty ($50.00) dollars,
and each day’s continuance of the said occupancy or encroachment shall
constitute a separate offense, such fine to be recovered in the name of
the town and for its use, and the town council may require the owner of
the premises encroaching, if known, or if not known, the occupant there-
of, to remove the encroachment within a reasonable time, and if such
removal be not made within the time prescribed by the council, to cause
the encroachment to be removed, and collect from the owner, or if the
owner be not known, the occupant, all reasonable charges therefor with
costs, by the same process that they are authorized by law to collect taxes.

No encroachment upon any street or alley, however long continued,
shall constitute any adverse possession to, or confer any rights upon the
person claiming thereunder, as against the town.

Ninth: To issue bonds in such manner and for such purposes as are
provided in Chapter one hundred and twenty-two of the Code of Virginia.

Tenth: To inspect, test, measure, and weigh any commodity or com-
modities or articles of consumption for use within the town; and to estab-
lish, regulate, license, and inspect weights, meters, measures and scales.

Eleventh: 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.

Twelfth: To require every owner of motor vehicles residing in the
said town, on a date to be designated by the council, to annually register
such motor vehicles and to obtain a license to operate the same by making
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.

Thirteenth: To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings, ar-
mories, sewage disposal plants, jails, comfort stations, markets, and all
buildings and structures necessary or appropriate for the use and proper
operation of the various departments of the town; and to acquire by con-
demnation or otherwise, all lands, riparian and other rights, and ease-
ments necessary for such improvements, or any of them, either within or
without the town, and to construct, maintain, and aid therein roads and
bridges to any property owned by the said town and situated beyond the
corporate limits thereof, and to acquire land necessary for the aforesaid
purposes, by condemnation or otherwise.

Fourteenth: 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.

Fifteenth: 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 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, or other premises within the town, to be kept clean and sani-
tary and free from stagnant water, weeds, filth and unsightly 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 unnecessary 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, ad-
vertising, 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 oc-
cupants 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.
Sixteenth: 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 con-
structed, to require the standard of all dwelling houses to be maintained
in residential sections in keeping with the majority of residences therein,
and to require the standard of all business houses to be maintained in busi-
ness sections in keeping with the majority of the business houses therein.

Seventeenth: To prevent any person having no visible means of sup-
port, 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.

Eighteenth: To restrain and punish drunkards, vagrants, and street
beggars, to prevent and quell riots, disturbances and disorderly assem-
blages ; to suppress houses of ill-fame and gambling houses ; to prevent and
punish lewd, indecent and disorderly exhibitions in said town; and to ex-
pel therefrom persons guilty of such conduct who have not resided there-
in as much as one year.

Nineteenth: To offer and pay rewards for the apprehension and con-
viction of criminals.

Twentieth: To enjoin and restrain the violation of any town ordin-
ance or ordinances, although a penalty is provided upon conviction of
such violation.

Twenty-first: 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 manage-
ment of its property, the conduct of its affairs, the peace, comfort, con-
venience, order, morals, health and protection of its citizens of their pro-
perty 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, ca-
pacity, or jurisdiction, which is or shall be granted to or vested in said
town, or in the council, court, or officers thereof, or which may be neces-
sarily incident to a municipal corporation.

Twenty-second: To do all things whatosever necessary or expedient
and lawful to be done for promoting or maintaining the general welfare,
comfort, education, morals, peace, government, health, trade, commerce,
or industries of the town, or its inhabitants.

Twenty-third : To prescribe any penalty for the violation of any town
ordinance, rule, or regulation or of any provision of this charter, not ex-
ceeding five hundred dollars fine or twelve months’ imprisonment in jail,
or both.

Twenty-fourth: To own, operate and maintain electric light works,
either within or without the corporate limits of the town and to supply
electricity whether the same be generated or purchased by said town, to
its customers and consumers both without and within the corporate limits
of said town, at such price and upon such terms as it may prescribe, and
to that end it may contract and purchase electricity from the owners there-
of upon such terms as it may deem expedient.
Twenty-fifth: To exercise the power of eminent domain within this
State with respect to lands and machinery, equipment or improvements
thereon, for any lawful purposes of the said town.

Twenty-sixth: Except when prohibited by general law, the town
may levy a tax or a license on any person, firm or corporation pursuing
or conducting any trade, business, profession, occupation, employment or
calling whatsoever within the boundaries of the town, whether a license
may be required therefor by the State or not, and may provide penalties
for any violation thereof.

Twenty-seventh: A lien shall exist on all real estate within the cor-
porate limits for taxes, levies, and assessments in favor of the town, to-
gether with all penalties and interest due thereon, assessed thereon from
the commencement 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 for the State, to the same extent as
if the provisions of said general law were herein set out at length. The said
town 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.

Twenty-eighth: 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 a manner as the
public safety and convenience may require; to remove and require to be
removed or reconstructed any building, structure, or addition thereto,
which by reason of dilapidation, defect of structure, or other cause may be
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, added to, enlarged, or
repaired and to direct that any or all buildings within such limits shall be
constructed of stone, natural or artificial, concrete, brick, iron, or other
fireproof material; to construct dams across any of the streams within
said town for the purpose of providing an adequate supply of water with
which to combat fires, and to prohibit the release of the water contained
in such dams within said town as may be now owned or hereafter con-
structed by others, in times of drought, in order to provide an adequate
supply of water with which to combat fires ; and to enact such laws as may
be necessary to provide for the protection of the citizens and property of
the town from fire, or for securing the safety of persons from fires in halls
and buildings used for public assemblies.

Twenty-ninth: To regulate the keeping of gunpowder, nitro-glycerin,
or other explosive or combustible substances ; and to regulate or prohibit
the exhibition or possession of fireworks, the discharge of fire arms, and
the making of bonfires within the said town.

Thirtieth : To prohibit from and punish minors for frequenting, play-
ing in, and loitering in any public pool room, billiard parlor, or bowling
alley, and to punish any proprietor or agent thereof for permitting same.

Thirty-first: Except when prohibited by general law, to prohibit any
cHs. 364, 365] ACTS OF ASSEMBLY 54¢

person, firm, or corporation from pursuing or conducting any trade, busi-
ness, profession, occupation, employment, or calling within the boundaries
of the town on the Sabbath.

Thirty-second : Except when prohibited by general law the said town
shall have the power to regulate the speed and manner in which all ve-
hicles, motor driven or otherwise, shall operate in the said town.

Section 12. The present mayor and council, and other officers of the
Town of Kenbridge shall continue in office until the expiration of the term
for which they were respectively elected.

Section 13. If any clause, sentence, paragraph, or part of this act,
shall for any reason be adjudged by any court of competent jurisdiction
to be invalid, said judgment shall not affect, impair, or invalidate the re-
mainder of said act, but shall be confined in its operation to the clause,
sentence, paragraph, or part thereof directly involved in the controversy
in which said judgment shall have been rendered.

Section 14. All contracts and obligations heretofore or hereafter
made by the Town of Kenbridge, not inconsistent with this charter or
the Constitution or the general laws of the State, shall be, and are hereby
declared to be valid and legal; and all ordinances, rules or regulations
now in force in said town, not inconsistent with this charter, the Con-
stitution or the general laws of this State shall be and remain in force
until altered, amended, or repealed by the council of the town.

2. All acts or parts of acts in conflict with this charter are hereby
repealed in so far as they affect the provisions of this act, and all former
acts chartering or amending the charter of the Town of Kenbridge are
hereby repealed.

3. An emergency exists and this act is in force from its passage.