Chap. 16.—An ACT to provide a new charter for the Town of Clintwood, in the
County of Dickenson, and to repeal the charter provided for said town by
Chapter 616 of the Acts of Assembly of 1893-4, approved March 3, cig and
all acts amendatory thereof, or of any part thereof. [S B 77}

Approved February 18, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. Establishment of Town of Clintwood. The in-
habitants of the territory embraced within the present limits of the Town
of Clintwood, as hereinafter defined, or as the same 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 Clintwood,
and as such shall have and may exercise all the powers which are now,
or may hereafter be, conferred upon or delegated to towns under the Con-
stitution and laws of the Commonwealth of Virginia.
Section 2, Limits of the town. The boundaries of said town shall
be embraced within the limits of one-half mile each way from the center
of the courthouse in the said town, extending east, west, north and
south, making an area of one square mile.

Section 3. Town officials.

(1) The officers of said town shall be a mayor, five conucilmen,
clerk, treasurer, sergeant, assessor, and such other officers, as the council
may deem necessary and proper. The mayor and councilmen shall be
elected at a regular municipal election to be held on the second Tuesday
in June, in the year nineteen hundred forty-six, and every two years
thereafter, in the manner prescribed by Iaw, for terms of two years be-
ginning on the first day of September next following their election, each
of whom shall serve until his successor shall have been elected and quali-
fied. Each officer of said town shall take the oath prescribed by State law,
and execute the required bond, prior to entry upon his duties. The council
shall be a continuing body, and no measure pending before such body
shall abate or be discontinuted by reason of expiration of term of office
or removal of any of the members. Vacancies in the council shall be
filled for the unexpired term by a majority vote of the remaining mem-
bers. The present mayor and council shall continue in office until the
expiration of the terms for which they were respectively elected.

(2) The council shall appoint a clerk, a treasurer and such other of-
ficers as the council may deem necessary or proper, all of whom shall
hold office at and during the pleasure of the council, and shall qualify for
their respective offices as required by law, and shall furnish such bonds
as may be required by the council. The same person may hold two or
more of these offices, in the discretion of the council. The officers as
appointed by the council shall perform such services, and receive such
compensation, as the council may provide.

(3) The council shall appoint a town sergeant who shall qualify
and give bond in such amount as the council may require. The sergeant
shall be vested with the powers of a conservator of the peace, and shall
have the same powers and perform the same duties within the corporate
limits of the town, and to a distance of one mile beyond, as was formerly
had and performed by constables. He shall perform such other duties,
and receive such compensation as the council may provide. The councik
may appoint such other persons as policemen and assistants of the ser-
geant, and pay them such compensation, as the council may think nec-
essary and proper.

(4) The mayor shall preside at all meetings of the council and per-
form such other duties as may be prescribed by this charter, and by the
general laws, and such as may be imposed by the council consistent with
his office. He shall be entitled to vote upon measures pending before
the council only in event the other members voting are equally divided
for and against such measure. He shall be ex-officio a conservator of the
peace within the town, and within one mile of the corporate limits thereof.
He shall issue all warrants charging violation of any ordinances of the
said town, and shall try and dispose of said warrants. He shall see that
peace and order are preserved, and that persons and property within the
town are protected: He shall perform such other services and functions
as may be necessary or proper, and shall receive such compensation as
may be provided by the council. In event of the mayor’s absence, or
disability to act, his duties shall be performed by the president of the
town council, who shall be selected by the council for that purpose.

(5) The administration and government of the Town of Clintwood
shall be vested in the Town Council, with the mayor as the executive
and tie-breaker as herein provided, all of whom shall be residents and
qualified voters of the town. The council shall have full power and au-
thority, except as herein otherwise stated, to exercise all the powers con-
ferred upon the town, and to pass all legal laws and ordinances relating
to its municipal affairs. Each member of the council may receive a
salary, or per diem allowance, for his services as such member, the
amount thereof to be fixed by the council, but such salary or allowance
shall not exceed one hundred dollars ($100.00) per year for each such
member. The council may create, appoint, or elect such boards, bodies,
departments, or officers as may be permitted or required by this charter
or the general laws of the State of Virginia, and fix their compensation
and define their duties.

(6) The council shall have one regular meeting each month, the
time for such meetings being fixed by ordinance. Special meetings shall
be called by the clerk of the council upon the request of the mayor or any
three councilmen. Reasonable notice of such special meetings shall be
given to each member of the council and the mayor. No business shall
be transacted at a special meeting except that for which the special meet-
ing 1s called, unless the council be unanimous. A majority of said council-
men shall constitute a quorum for the legal transaction of its business.

Section 4. Powers of the town council. In addition to the powers
enumerated elsewhere in this charter, and the powers conferred by gen-
eral law and the Constitution, the town council of the Town of Clintwood
shall have the following powers:

(1) 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 legal purposes of the town; and to hold, improve,
lease, sell or dispose of the same or any part thereof, including any prop-
erty now owned by the town.

(2) 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 said town may deem neces-
sary for the purpose of providing an adequate water supply for 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 cor-
porate limits of said town, for the distribution of water to its customers
and consumers, both within and without the corporate limits of said town,
and to charge and collect water rents thereon; to erect and maintain all
necessary dams, pumping stations and other works in connection there-
with; to make reasonable rules and regulations for promoting the purity
of its water supply and for protecting the same from pollution; and for
this purpose to exercise full police powers and sanitary control over all
land comprised within the limits of the water shed tributory to any such
water supply wherever such land may be located in this state; to im-
pose 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 liable 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.

(3) 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 collecting and disposal thereof.

(4) To inspect, test, measure and weigh any commodities or articles
of consumption or use within the town; to establish, regulate, license and
inspect weights, meters, measures and scales.

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

(6) 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 buildings
and structures necessary or appropriate for the use of 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; and, either within or without the
town, to construct, maintain, or aid therein, roads and bridges to any
property owned by the said town, and situated beyond the corporate
limits thereof, and to acquire land necessary for the aforesaid uses by
condemnation or otherwise.

(7) To establish, impose and enforce the collection of water and
sewage rates, and rates and charges for public utilities or other service,
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 tenant or tenants, and in event
such rates and charges shall be assessed against a tenant, then the council
may require of such tenant a deposit of such reasonable amount as it may
prescribe before furnishing such service to such tenant.

(8) To establish, construct and maintain satisfactory sewers, nec-
essary lines and systems, and to require the abutting property owners to
connect therewith, and to establish, construct, maintain and operate sew-
age disposal plants and to acquire by condemnation, or otherwise, with-
in or without the town, all lands, rights of way, riparian or other rights
and easement snecessary for the purposes aforesaid, and to charge, assess
and collect reasonable fees, rentals, easements, or costs of service for con-
nection with and using the same.
(9) To grant franchise for public utilities in accordance with the
provisions of the Constitution and general laws; provided, however the
town shall at any time have the power to construct, own, operate, man-
age, 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 franchises to the contrary notwithstanding.

(10) To compel the abatement and removal of nuisances within the
town, or upon property owned by the town beyond its limits, at the ex-
pense of the person or persons causing the same, or of the owner or oc-
cupant of the grounds or premises whereon the same may be, and to
collect said expenses 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 unsightly deposits,
or to make them so at the expense of the owners and occupants thereof,
and to collect said expenses by suit or motion, or by distress and sale;
to regulate or prevent slaughter houses, or other noisome or offensive
businesses within the said town, the keeping of hogs, or other animals,
poultry or 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 constructed and kept;
to regulate the location, construction, operation and maintenance of bill-
boards, signs, advertising and generally to define, prohibit, abate, sup-
press and prevent all things detrimental to the health, morals, cesthetic
sensibilities, safety, convenience and welfare of the inhabitants of the
town; and to require all owners or occupants of property having side-
walks in front thereof to keep the same clean and sanitary and free from
all weeds, fifth, unsightly deposits, ice and snow, and any obstruction.

(11) To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gunpowder,
nitroglycerine, fireworks, kerosene oil or other like material ; and to regu-
late the exhibition of fireworks, the discharge of firearms and the making
of bon-fires within the said town.

(12) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure same, inspect all
foodstutfs offered for sale and to prevent the introduction and sale in said
town of any articles or things intended for human consumption which 1s
adulterated, impure or otherwise dangerous to health, and to condemn,
seize and destroy, or otherwise dispose of such article or thing without
liability to the owner thereof, and to require said owner to destroy such
article or thing, or to cause it to be destroyed, at the expense of the owner
or possessor; to prevent the intoduction or spread of contagious or in-
fectious diseases, and to prevent and suppress disease generally; to en-
force the removal of persons afflicted with contagious and infectious
diseases to hospitals for treatment; to provide for the organization of a
department or board of health 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 grounds
within or without the town and establish such quarantine regulations
against infectious and contagious diseases as are appropriate under the
laws of the state or nation.

(13) To prevent fowls and animals being kept, or running at large,
in the town, or any thickly populated portion thereof.

(14) To prevent the flying of kites, throwing of stones or engaging
in any sort of employment or amusement in the public streets which is
dangerous or annoying to passerbys, and to prohibit and punish the abuse
of animals.

(15) 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.

(16) To restrain and punish drunkards, vagrants and street beg-
gars; to prevent drunken and reckless driving within said town limits,
and within one mile outside the town limits; 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 disorder-
ly exhibitions in said town; and to expel therefrom persons guilty of such
misconduct who have not resided therein as much as one year.

(17) To make and enforce ordinances, insofar as not prohibited by
the general laws of this State, to regulate, control, license and/or tax the
manufacture, bottling, sale, distribution, transportation, handling, adver-
tising, possessing, dispensing, drinking and use of alcohol, brandy, rum,
whiskey, gin, wine, beer, lager beer, ale, porter, stout and all Itquids and
beverages and articles containing alcohol by distillation, fermentation or
otherwise.

(18) To prohibit and punish for mischievious, wanton or malicious
damage to school and public property, as well as private property.

(19) To offer and pay rewards for the apprehension and conviction
of criminals.

(20) To put into force and effect by ordinances any and all the
foregoing powers, and any other powers and authority of the said coun-
cial given by this charter, or any State law, or any amendments thereto;
and to prescribe punishment for the violation of any town ordinance.
rule or regulation, or of any provision of this chapter, said penalty not
to exceed five hundred dollars ($500.00) fine or twelve months im-
prisonment in jail, or both.

(21) To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the town, and to supplv
electricity and gas, whether the same be generated or purchased by said
town, to its customers and consumers both within and without the cor-
porate 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 and
gas from the owners thereof upon such terms as it may deem expedient.

(22) To construct in any parks, playgrounds or public grounds
that it may maintain, or upon any town property, stadium, swimming
pools, gymnasia, and recreation or amusement buildings, structures or
enclosures of every character, refreshment stands, restaurants, et cetera;
to charge admission for use of same, and to rent out or lease the privilege
of construction or use of such stadiums, swimming pools, recreation or
amusement buildings, structures, or inclosures of every character, re-
freshment stand or restaurants, et cetera.

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

(24) 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.

(25) To prohibit minors from frequenting, playing in, and loitering
in any public pool room, billiard parlor or bowling alley, and to punish
such minor for so doing and any proprietor or agent thereof for permit-
ting the same.

(26) To extinguish and prevent fires and to establish, operate,
regulate and control a fire department or division.

Section 5. Streets. The town council shall have the following ad-
ditional powers:

(1) To control, regulate, limit and restrict the operation of motor
vehicles, carrying passengers for hire upon the streets or alleys of the
town; to regulate the use of automobiles and other automotive vehicles
upon the streets; to regulate the routes in and through the town to be
used by motor vehicle carriers and to prescribe different routes for dif-
ferent carriers; to prohibit the use of certain streets by motor trucks;
to prescribe parking regulations on any or all streets and alleys; to close
any street or alley temporarily to the use of heavily loaded motor vehicles
which cause, especially in inclement weather, the said street or alley to be-
come unfit for use by lighter vehicles or pedestrians.

(2) To give names to and alter the names of streets; to require
the owners of houses in said town to place in public view the street num-
ber of said house or building as established in an orderly manner by the
council; and to erect in a suitable manner such signs at the intersection
of the streets or alleys of said town as will plainly show the name of said
streets or alleys; and to install and operate appropriate traffic control
signs at the intersections of said streets and alleys.

(3) The town shall have the power to acquire, establish, enter, open,
widen, extend, grade, improve, construct, maintain, and clear public
highways, sidewalks, boulevards, parkways and alleys, and to alter, va-
cate, or close the same; to establish and maintain parks, golf courses,
playgrounds and public grounds and to keep them lighted and in good
order; to construct, maintain and operate bridges, viaducts, subways,
tunnels, sewers and drains, and to regulate the use of all such highways,
parks, public grounds and works; to plant and maintain or remove shade
trees along the streets and upon such public grounds; to prevent the ob-
struction of such streets and highways; to regulate the operation and
speed of cars and vehicles within said streets and highways within the
town and for a distance of one mile from the limits thereof; and to do all
other things whatsoever adapted to make said streets and highways con-
venient and attractive.
(4) The said town shall have the authority to exercise the power
of eminent domain with respect to securing proper and necessary rights
ot way, or other rights, for streets and other public conveniences in said
town.

(5) The said town shall have the right to require anyone desiring
to excavate in or along the border of any of said streets, highways or
alleys to secure a permit from the mayor, or such person as the council
may designate, for such excavation, and to punish violations of any ordi-
nance in this respect.

(6) 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 punished as provided for violations of ordinances hereinbefore,
and each day’s continuance of said occupancy or encroachment, after due
notice from the mayor, shall constitute a separate offense; and the town
council may require the owners of the premises encroaching, if known, or
if not known, the occupant thereof, to remove the encroachment within
a reasonable time, and if such removal be not made within the time pre-
scribed by the council, to cause the encroachment to be removed and
collect from the owner or 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 per-
son claiming thereunder, as against the town.

Section 6. Taxation and Finances. The town council shall have
control of taxation and finances for its municipal purposes. It shall
have the following powers:

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

(2) To impose special or local assessments for local improvements
and the enforced payment thereof, subject to such limitations as may be
prescribed by the Constitution and laws of this State.

(3) a. To contract debts in the name of and for the use of the
town and make and issue, or cause to be made and issued, as evidence
thereof, bonds, notes or other obligations, within the limitations prescribed
by the Constitution and the laws of this State concerning bonds issued by
towns, upon credit of the town, or solely upon the credit of specific prop-
erty 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. To borrow money temporarily, pending the issuance and sale of
any bonds, notes or other obligations authorized by this charter, or in
anticipation of the receipt of taxes and revenue of the current fiscal year,
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 said bonds, notes, or other obliga-
tions, or from the town taxes and revenues, as the case may be.

(4) To require every owner or operator 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; to issue said licenses, and
to require the said owner to pay his 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. The council shall
have the right to require the operator of said motor vehicle to attach a
proper license plate on a conspicuous part of the said motor vehicle and
to keep same thereon in plain view for common observation. The coun-
cil may pro rate such license fee over periods of not less than three
months. ,

(5) To charge and collect fees and permits to use public facilities
and for public services and privileges. The said town shall have the pow-
er and right to charge a different rate for any service rendered or con-
venience furnished to citizens without the corporate limits from the rates
charged for same service within the corporate limits.

(6) Except as prohibited by general law, the town may levy a legal
tax or license on any person, firm or corporation, pursuing or conducting
any trade, business, profession, occupation, employment or calling, what-
soever, within the boundaries of the town, whether a license may be re-
quired therefor by the state or not, and may provide penalties for any
violation thereof.

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

(8) All contracts and obligations heretofore or hereafter made by
the town council, 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.

(9) A lien shall exist on all the real estate within the corporate
limits of said town for taxes, levies and assessments in favor of the town,
together with all penalties and interests 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 reden?ption of said 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 and its treasurer shall have the power of all other and ad-
ditional remedies for the collection of town taxes which are now, or here-
after may be granted or permitted, under the general law.
(10) The town council shall provide for the assessment each year
of all taxable property within said town in the same manner as provided
by State law.

(11) The town council shall prepare, or cause to be prepared, an-
nually a budget showing the estimated receipts and proposed expenditures
for town purposes as required by State law.

(12) All goods and chattels wheresoever found may be restrained
and sold for taxes and licenses assessed and due thereon for town pur-
poses; and no deed of trust or mortgage upon goods and chattels shall
prevent the same from being restrained and sold for taxes and licenses
assessed against the grantor in such deeds while such goods and chattels
remain in the grantor’s possession.

(13) 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 actions and emergency
measures shall take effect at the time indicated in such ordinances. When
no effective date shall be set forth in any such ordinance, resolution or
by-law the same shall become effective thirty (30) days from the date of
its passage.

(14) The Town of Clintwood may levy a tax on all subjects of taxa-
tion not prohibited to it by, nor exempted in, the Constitution and general
laws of Virginia.

Section 7. Zoning and buildings. The town council, in addition
to the foregoing powers, shall have the following powers:

(1) To regulate the size, height, materials and construction of build-
ings, 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 con-
structed, added to, enlarged or repaired, and to direct that any or all fu-
ture buildings within such limits shall be constructed of stone ,natural or
artificial, concrete, brick, iron or other fire-proof materials to enact
stringent and efficient laws for securing the safety of persons from fires
in halls and buildings used for public assemblages, entertainments or
amusements.

(2) 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 pro-
vide set-back lines on the streets beyond which no buildings may be con-
structed ; to require the standard of all dwelling houses 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
business sections in keeping with the majority of the business houses
therein.
(3) To make and adopt a comprehensive plan for the town and to
that end all plats and replats 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 replats are filed for record, or recorded, in the office of the clerk of
Dickenson County, Virginia.

(4) To issue or refuse to issue permits for the construction of build-
ings, fences, walls and other structures in the said town; and any person,
firm or corporation, failing to secure such permit prior to the beginning
of said construction or other work shall be deemed guilty of a misde-
meanor and punished as hereinbefore provided.

Section 8. 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 part of the
act directly involved in the controversy in which such judgment shall
have been rendered.

2. Chapter six hundred sixteen of the Acts of Assembly of eighteen
hundred ninety-three-four, approved March three, eighteen hundred
ninety-four, and all acts amendatory thereof, or of any part thereof, are
hereby repealed.

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