Chap. 18.—An ACT to provide a new charter for the Town of Wytheville, in the
County of Wythe, and to repeal the charter which was provided for said town by
Chapter 56 of the Acts of Assembly of 1910, approved February 26, 1910, and
all acts and parts of acts amendatory thereof, or of any part thereof, and all
other acts in conflict with the provisions of this act. [H B 51]

Approved February 18, 1946
Be it enacted by the General Assembly of Virginia :

Section 1. The inhabitants of the territory embraced within
the present limits of the Town of Wytheville, in Wythe County, Virginia,
as hereinafter defined, or as the same may be hereafter altered and es-
tablished by law, shall constitute and continue a body politic and corporate,
to be known and designated as the Town of Wytheville, and as such
shall have and may exercise all powers which are now, or may hereafter
be, conferred upon or delegated to towns under the Constitution and laws
of the Commonwealth of Virginia as fully and as completely as though
said powers were specifically enumerated herein, and no enumeration of
particular powers herein shall be held to be exclusive. The territory
embraced within the present limits of the Town of Wytheville is described
by metes and bounds in an act approved February twenty-six, eighteen
hundred ninety-six as follows:

Beginning at a stone on the western side of Tazewell Turnpike,
near William Huffard’s blacksmith shop; thence along his line with the
Caughlin and Peirce property north fifty and one-half degrees east nine
hundred and seventeen feet to the northeast corner of D. S. Peirce’s prop-
erty; thence south eighty-one degrees east, crossing the Wytheville De-
velopment Company's land, twenty-two hundred fifty feet to a gate post
on the west side of a lane and a corner with Mistress Betty F. Ewald
and the said Wytheville Development Company ; thence along the west
side of said lane south fifty and one-half degrees east nine hundred and
fifty-nine feet to a corner of the Wytheville Development Company with
the Moyer’s property ; thence north sixty-two and one-half degrees east
sevent hundred and fifty-nine feet, crossing Mistress Campbell's land and
the Raleigh and Grayson Turnpike, to the eastern side of the road leading
to the Eastern Cemetery and with C. J. Noel’s line; thence with said
line south fifty-one and one-quarter degrees east eight hundred and
eighty-three feet to the southeast corner of said cemetery and on R. A.
Caffee’s line; thence north eighty-seven and three-quarter degrees east
seventeen hundred and sixty feet, crossing Caffee’s land and the S. W.
association land to the upper northeast corner of the fair ground’s stables ;
thence with the S. W. association line south four degrees east ten hundred
and fifteen feet to the southeast corner of the fair grounds; thence south
six degrees west five hundred and fifty-one feet to the east side of Mc-
Adam Road and intersection of old fair grounds road; thence along the
east side of McAdam Road with meanders of the same south fifty-two and
one-half degrees east two hundred and twenty-two and five-tenths feet
south sixty-seven degrees forty-five minutes east four hundred and ninety-
seven feet, south fifty-one and one-half degrees east two hundred and
forty-one and thirty-eight five-tenths feet, south twenty-four degrees
forty-five minutes east five hundred and twenty-eight and eight-tenths
feet to a stone, a corner of old fair grounds; thence south seventy-six de-
grees west fifty-five feet, crossing McAdam Road to stake on west side
corner of Marshall Street and Shrader; thence south thirty-three degrees
east thirteen hundred and sixty feet to northern line of Nortolk and West-
ern Railroad Company, and with said northern line westwardly south
fifty-five and one-quarter degrees west ‘six hundred and ninety-one feet ;
thence south sixty-four degrees west four hundred and eleven feet to cattle
guard at Samuel Woolwine’s house; thence south thirty-nine degrees
west eleven hundred and thirty-two feet, crossing the railroad to J. W.
Caldwell’s southeast corner; thence south fifty-one degrees west twentv-
five hundred and fifty-four feet, crossing the Stuart Crockett and Barrett
land to a stone on James Williams’ line in the rear of the Episcopal
chapel; thence north eighty-one degrees west twenty-one hundred and
ninety-two feet to the southeast corner of Samuel Smithers’ lot at the
intersection of Twelfth Street and Jackson Street ; thence with the north
line of Jackson Street south sixty-two and one-half degrees west eleven
hundred and twenty feet to the west corner of the Fulton property : thence
south eighty-six degrees west thirteen hundred and sixty feet to the
southwest corner of Mrs. Nanie Brown’s property ; thence north eighty
and three-quarter degrees west fourteen hundred and thirty-eight feet to
a stone, a corner of Doctor Leach, with south line of Norfolk and Western
Railroad Company and with said line south sixty-three and one-quarter
degrees west ten hundred and sixty-two feet to a stone opposite the line
of south Main and the Wytheville Development Company, crossing the
Norfolk and Western, and with said line north thirty-one and one-half
degrees west twenty-eight hundred and twenty-eight feet to the north
side of Ridge Street (extended) ; thence along Ridge Street north forty-
six and three-quarter degrees east twenty-three hundred and three feet to
the intersection of the south side of the McAdam Road; thence crossing
the McAdam Road at right angles north fifteen and one-half degrees west
nineteen hundred and eighty feet, crossing Pine Ridge through the
Wytheville Development Company’s land to the north side of the Ridge
Gap Road, and with it north seventy-eight and one-half degrees east seven
hundred and sixty-three feet, crossing Harkrader’s Branch to a stone;
thence crossing said Ridge Gap Road north fourteen degrees east elever
hundred and seventy-six feet to the blacksmith shop at the beginning.
Section 2. The government of the Town of Wytheville shall be
vested in one body to be known as the council of the Town of Wytheville,
which said body shall consist of five members, all of whom shall be resi-
dents and qualified voters of the town. The said council shall be elected.
in the manner provided by law, as follows: At the regular municipal elec-
tion to be held on the second Tuesday in June, nineteen hundred forty-
six, five members shall be elected. The three members each of whom
has received more votes in said election than either of the other two
members shall serve as members of the council for terms of four years
each. The remaining two members shall serve for terms of two vears
each. At the regular municipal election to be held on the second Tuesday
in June, nineteen hundred forty-eight, and every four years thereafter, two
councilmen shall be elected each for a term of four years beginning on
the first day of September next following their election. At the regular
municipal election to be held on the second Tuesday in June, nineteen
hundred fifty, and every four years thereafter, three councilmen shall
be elected each for a term of four years beginning on the first day of
September next following their election. Each councilman elected as
hereinabove provided shall serve for the term stated or until his successor
shall have been elected and qualified. The council shall be a continuing
body, and no measure pending before such body shall abate or be dis-
continued by reason of expiration of term of office or removal of any of
its members. Vacancies in the council shall be filled for the unexpired
term by a majority vote of the remaining members. The present council
shall continue in office until the expiration of the terms for which they
were respectifully elected. The council shall, by ordinance, fix the time
for their regular meetings. Special meetings shall be called by the clerk
of the council upon request of the mayor or any three councilmen; rea-
sonable notice of each special meeting shall be given each member of the
council; no business shall be transacted at a special meeting except that
for which the special meeting is called, except by a majority vote of all
of the members of the council. The council shall elect one of its mem-
bers to preside over its meetings, which said member when so elected shall
be mayor of the Town of Wytheville. The council shall also elect one of
its members as vice-mayor, who shall perform the duties and functions
of the mayor when the mayor is absent or otherwise unable to perform.
In addition to their other duties, the mayor, vice-mayor, town manager
and all members of the council shall be ex-officio conservators of the
peace within the town and within one mile of the corporate limits thereof.
The mayor shall be the official head of the government of the town and
shall perform such services as he may be directed by the council to per-
form or as may be necessary or proper, and shall receive such compensa-
tion as the council may provide. The mayor, or, in his absence or in-
ability to perform, the vice-mayor, shall have jurisdiction for the trial of
all violations of all ordinances of the Town of Wytheville, and collection
of town taxes or assessments, or any other debts due and owing to said
town, and to issue warrants and summons witnesses; provided a resolu-
tion is adopted by a majority of the members of the council giving right
and authority 1n this connection.

Section 3. The council shall appoint a clerk, a treasurer, a town
manager and such other officers 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. Officers
so appointed by the council shall perform such services, in addition to the
services herein enumerated, and shall receive such compensation, as the
council may provide.

Section 4. All contracts and obligations heretofore made by the
council of the Town of Wytheville, 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. The administrative and executive powers of the town,
including the power of appointment of officers and employees, are vested
in an official to be known as the town manager, who shall be appointed
by the council at its first meeting or as soon thereafter as practicable, for
such term as the council may by its appointment prescribe, but who shall
be subject at all times to removal by the coungil on proven charges of
malfeasance, misfeasance, neglect of duty or incompetency. He shall re-
ceive such compensation as shall be fixed by the council by ordinance,
and shall devote his entire time to the business of the town.

The town manager shall be responsible to the council for the proper
administration of all the general law or the ordinances or resolutions of
the council. He shall have power and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

(b) To see that such town officers and employees as the council
shall determine are necessary for the proper administration: of the town
be appointed, and any of such officers may be removed by the town
manager, except the clerk, treasurer and the clerical and other attendants
of the council; but the town manager shall report each appointment
and removal to the council at the next meeting thereof following any
such appointment or removal; to see that all terms and conditions im-
posed in favor of the town or its inhabitants in any public utility franchise
or any contract are faithfully kept and performed; upon knowledge of
any violation thereof to call the attention of the same to the council, whose
duty it shall be forthwith to direct such steps as are necessary to protect
and enforce the same.

(b-1) To appoint, subject to confirmation by the council, the town
sergeant. The town sergeant so appointed shall be subject to removal at
will by the council or the town manager, and shall qualify as provided by
law, and furnish such bond as may be requested by the council.

_. (c) To exercise supervision and control over all departments and
divisions created herein, or that may be hereafter created by the council
and have general supervision over all public improvements, works and
undertakings, except as otherwise provided in this charter, or by the
council.

(d) To attend all meetings of the town council with the right to take
part in the discussion, but he shall have no vote.

(e) To recommend to the council for adoption such measures as
he may deem necessary or expedient.

(f) To prepare the annual budget and keep the town council fully
advised as to financial conditions and needs of the town.

(g) To make all such contracts in behalf of the town as may be
authorized by this charter, or the council or under continuing contracts
or loans authorized under the provisions of this charter, or pursuant to
resolution or ordinance of the council.

(h) Unless and until otherwise provided by the council, he shall
act as town purchasing agent.

(1) To perform such other duties as may be prescribed by this
charter or be required of him by ordinance or resolution of the town
council.

(}) Except as may be otherwise provided by the council, the town
manager shall have and may exercise all of the powers, and perform all
of the duties, which are now, or may hereafter be, conferred upon or
delegated to town managers under the laws of the Commonwealth of

irginia.

Section 6. The town sergeant shall have the same powers and
perform the duties both in civil and criminal cases prescribed by the
State law for sergeants of towns, and he shall be subject to like penalties.
He shall also perform such duties in relation to streets and water works
of the town and such other dutiés as may be required of him by the
council. He shall especially see that all ordinances are observed, and he
shall report to the mayor any violation of the same, and for any violation
occuring in his presence he may arrest for the same forthwith. Said
sergeant may at any time, with the approval of the town manager appoint
one or more deputies, who shall perform the duties of the sergeant here-
inabove set out. He or they shall hold office at the pleasure of the ser-
geant, the town manager or the council, and shall be paid such compen-
sation as the council may prescribe.

Section 7. The treasurer shall be the collector and custodian, ex-
cept as otherwise ordered by the council, of all town taxes, levies, licenses
and of all revenue and other monies of the town from water or any other
source, and shall disburse the same as ordered by the council. He shall
have all the powers vested by the State law in county and city treasurers,
and shall be subject to like penalties. He shall make off all tax tickets
and water tickets, and shall keep such books of account and records and
perform all such duties in relation to the collection and disbursement of
the monies of the town as may be prescribed by the council, and he shall
make his settlements at the time and in the manner prescribed by the
council,

Section 8. The town clerk shall attend all meetings of the council,
keep its minutes, preserve and keep on file all papers pertaining to the
business of the town; he shall keep such books of account and any and all
records which the council may require to be kept; he shall perform the
duties of commissioner of the revenue for the town, extend assessments,
make off and deliver to the treasurer annually at such time as the coun-
cil may prescribe the land and property book or books of the town, assess
all license taxes required by the ordinances and report such assessments
to the treasurer for collection; keep such records of delinquent taxes as
may be required by the council; he shall keep such records concerning
the water works of the town as may be required by the council, and he
shall especially issue permits to water takers, keep a complete record of
all water takers and of all contracts and permits, and shall furnish to
the treasurer, as such times as the council may prescribe, a list of such
water takers, with rates to be paid by each, and amount due or to be paid,
whether by meter or flat rate, and he shall perform such other and further
duties as clerk of the council, as commissioner of the revenue, and in
respect to the water works, as may from time to time be prescribed by
the council.

Section 9. In addition to the powers elsewhere enumerated in this
charter and the powers conferred by general law and the Constitution,
the Town of Wytheville 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 be subject
to taxation 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 improvements
and to force payment thereof, subject to such limitations prescribed by the
Constitution and laws as may be in force at the time of the imposition of
such special or local assessments.

(3) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands, prop-
erty rights, and riparian rights as the council of the said town may deem
necessary for the purpose of providing an adequate supply to the said
town and of piping and conducting the same; to lay, erect and main-
tain 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 therefor; 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 control over all land comprised within the limits of the
water shed tributory 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.

(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, within the limitations
prescribed by the Constitution, and in accordance with the provisions of
law concerning bond issues by towns, 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 obli-
gations by this act authorized, or in anticipation of the receipt of taxes
and revenues of the current fiscal year, it shall be lawful for the town to
borrow money temporarily and to issue notes or other evidences of in-
lebtedness 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.

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

(6) 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 require
or regulate the collection and disposal thereof.

_ (7) 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.
(8) 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 of the corporate limits thereof.

(9) 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.

(10) 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 making
application to the treasurer of 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 motor vehicle.

(11) To construct, establish, purchase, or to otherwise acquire,
maintain, regulate and operate public utilities and facilities of all kinds,
including bus lines, transportation systems, cemeteries, municipal and
other buildings, armories, 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 ot 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 there-
in, 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.

(12) To acquire, establish, enter, open, widen, extend, grade, im-
prove, construct, maintain and clean public highways, streets, sidewalks,
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 construct, main-
tain and operate bridges, viaducts, subways, tunnels, sewers and drairfs
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 for a distance of one mile
from the limits thereof; and to do all other things whatsoever adapted to
make said streets and highways safe, convenient and attractive.

(13) To construct in such parks, playgrounds, and public grounds,
as it may maintain, or upon any town property, stadium, swimming pools,
gyninasia, and recreation or amusement buildings, structures, or in-
closures of every character, refreshment stands, restaurants, et cetera ; to
charge admissions for use of the same, and to rent out or lease the privi-
leges of construction or using such stadiums, swimming pools, recreation
or amusement buildings, structures, or inclosures of every character, re-
freshment stands, or restaurants, et cetera.
(14) 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 rea-
sonable amount as it may by such ordinance prescribed before furnishing
such service to such tenant.

(15) 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.

(16) To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the town and to supply
electricity and gas whether the same be generated or purchased by said
town, to its customers and consumers both without and within the cor-
porate limits of the said town, at such price and upon such terms as the
council 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.

(17) Subject to the provisions of the Constitution and general laws
of Virginia and this charter, to grant franchises for public utilities; pro-
vided, however, the town shall at any time have the power to contract
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 not-
withstanding.

(18) To charge and to collect fees for permits to use public facili-
ties 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 ilmits.

(19) To compel the abatement and removal of all nuisances with-
in 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 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 regu-
late, 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 regualte the location
of stables and the manner in which they shall be kept and constructed ; 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, 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, un-
sightly deposits, ice and snow.

(20) To extinguish and prevent fires, to abate fire hazards, and
to establish, regulate and control a fire department or divisions, to regu-
late 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 con-
trary 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 build-
ings 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, entertainments or amusements.

(21) To direct the location of all buildings for storing explosives or
combustible substances; to regulate the sale and use of gun powder,
nitroglycerin, fireworks, gasoline, kerosene, oil or other like materials ; to
regulate the exhibition of fireworks, the discharge of firearms, and the
making of bonfires in the streets and yards.

(22) 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 building may be con-
structed, to require the standard of all dwelling houses be maintained 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.

(23) 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 de-
stroy or otherwise dispose of any such article or thing without liability
to the owner thereof; to prevent the introduction or spread of contagious
or infectious diseases, and prevent and suppress disease generally ; to pro-
vide and regulate hospitals within or without the town limits, and if nec-
essary to the suppression of disease, 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 main-
tenance of a hospital or hospitals for the use of the people of the town; to
provide for the organization of a department or bureau of health, to have
the powers of a board of health for said town, with the authority neces-
sary for the prompt and efficient performance of the 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 es-
tablish 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 physi-
cians, mid-wives or parents to make reports thereto.

(24) To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive or penal institutions.

(25) To prevent fowls and animals being kept in or running at
large in the town, and to subject the same to such regulations and pen-
alties as the council may provide.

(26) 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 dan-
gerous or annoying to passerbys, and to prohibit and punish the abuse of
animals.

(27) In so far as not prohibited by general law 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 automo-
biles and other automotive vehicles upon the streets: to regulate the
routes in and through the town to be used by motor vehicle carriers op-
erating in and through said town and to prescribe different routes for dif-
ferent 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.

(28) 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.

(29) To exercise full police powers and establish and maintain a
department or division of police.

(30) 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 there-
from persons guilty of such conduct who have not resided therein as much
as one year.

(31) 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, adver-
tising, 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, fermentation or
otherwise.
(32) To do all things whatsoever necessary or expedient and law-
ful to be done for promoting or maintaining the general welfare, comfort,
education, morals, peace, government, health, trade, commerce, or 1n-
dustries of the town, or its inhabitants.

Section 10. 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
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 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.

Section 11. 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
remainder of said act, but shall be confined in its operation to the part
of the act directly involved in the controversy in which said judgment
shall have been rendered.

Section 12. This act may be referred to or cited as the Wytheville
Charter of nineteen hundred forty-six.

2. Chapter fifty-six of the Acts of Assembly of nineteen hundred
ten, approved February twenty-six, nineteen hundred ten, and all acts
amendatory thereof, or any part thereof, and all other acts and parts of
acts in conflict with the provisions of this act, in so far as the charter pro-
vided by this act is affected thereby, are hereby repealed.

3. An emergency exists and this act 1s in force from its passage.