Chap. 381.—An ACT ‘to provide a new charter for the town of New Market,
in Shenandoah County, Virginia; and to repeal the existing charter of the
town and all other acts in conflict herewith. [S 134]

Approved April 1, 1948

Be it enacted by the General Assembly of Virginia:

1. Section 1. The inhabitants of the territory embraced within
= present limits of the town of New Market, in Shenandoah County,
irginia, as hereinafter defined, or as the same may be hereafter altered
d established by law, shall constitute and continue a body politic
d corporate, to be known and designated as the town of New Market,
d as such shall have and may exercise all powers which are now, or
ay hereafter be, conferred upon or delegated to towns under the
onstitution and laws of the Commonwealth of Virginia as fully and as
mpletely as though such powers were specifically enumerated herein,
d no enumeration of particular powers herein shall be held to be
clusive. The territory embraced within the present limits of the town

New Market is described by metes and bounds as follows:

Beginning at a stone in the line between the lands of Gideon Koiner
id the heirs of A. Henkel, deceased; thence south twenty-seven and
ree-fourths degrees west two hundred and fifty-six poles, to a point

Strayer’s spring branch, near an oak tree; thence north sixty-two
id one-fourth degrees west one hundred and two poles to a stone near
large rock; thence north twenty-seven and three-fourth degrees east
yo hundred and fifty-six poles to a stone; thence south sixty-two and
1e-half degrees east forty-eight and six-tenths poles to the east edge
the Valley turnpike; thence down said road, north twenty-nine and
e-fourth degrees east fifteen and three-tenths poles to Gideon Koiner’s
corner on turnpike; thence with Gideon Koiner’s line south forty-six
and one-half degrees east fifty-four poles to the beginning.

Section 2. The administration and government of the town of
New Market shall be vested in one body to be known as the council of
the town of New Market, which said body shall consist of seven mem-
bers, six of whom shall be known as councilmen and one to be known as
mayor, all of whom shall be residents and qualified voters of the town.
Each member of the council may receive a salary for his services as
such member, the amount thereof to be fixed by the council, but such
salary shall not be in excess of one hundred ($100.00) dollars per
year for each such member. The council may create, appoint or
elect such boards, bodies, departments or officers as may be permitted,
required, or deemed necessary or proper, and fix their compensation and
define their duties.

Section 3. (a) At the regular municipal election to be held on
the second Tuesday in June, in the year nineteen hundred forty-eight
and every two years thereafter, there shall be elected in the manner
prescribed by law, six councilmen and a mayor for terms of two years
beginning on the first day of September next following their election,
each of whom shall serve 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 discontinued 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 members. The present mayor and council shall continue
in office until the expiration of the term for which they were respectively
elected.

(b) 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; reasonable 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 unanimous vote of all members
of the council.

Section 4. The council shall appoint a clerk, a treasurer 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 council. The officers so
appointed by the council shall perform such services, and receive such
compensation, as the council may provide.

Section 5. 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
are now or were formerly had and performed by constables. He shall
perform such other duties, and receive such compensation, as the council
may provide.

Section 6. The mayor shall preside at the meetings of the council
and perform such other duties as may be prescribed by this charter, and
by general law, and such as may be imposed by the council consistent with
his office. He shall be entitled to vote upon a measure 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 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.

Section 7. All contracts and obligations heretofore or hereafter
made by the council of the town of New Market, 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 8. In addition to the powers elsewhere enumerated in
this charter and the powers conferred by general law and the Constitu-
tion, the town of New Market 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 the Commonwealth, such
sums of money as the council thereof shall 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 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 enforce payment thereof, subject to such limitations prescribed
by the Constitution and laws as may be in force at the time of the imposi-
tion of such special or local assessments.

(3) (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 limi-
tations prescribed by the Constitution, and in accordance with the pro-
visions 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 the property used in
connection with any public utility owned and operated by the town.

(b) Pending the issuance and sale of any bonds, notes or other
obligations by this act authorized, or in anticipation of the receipt of
taxes and revenues of the current fiscal year, it shall be lawful for the
town to borrow money temporarily and to issue notes or other evidences
of indebtedness therefor, and from time to time 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.
(4) To expend the money of the town for all lawful purposes.

(5) 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, impose, sell,
lease, mortgage, pledge, or otherwise dispose of the same or any part
thereof, including any property now owned by the town.

(6) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands, property
rights, and riparian rights as the council of the said town may deem
necessary for the purpose of providing an adequate water supply to
the said town and of piping and conducting the same; to lay, erect
and maintain all necessary mains and service lines, either within or with-
out the corporate limits of said town, for the distribution of water to its
customers and consumers, both within and without the corporate limits
of the said town, and to charge and collect water rents thereof; to
erect and maintain all necessary dams, pumping stations and other
works in connection therewith; to make reasonable rules and regula-
tions 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 tributary to any such water supply wherever such
lands may be located in this State; to impose and enforce adequate
penalties for the violation of any such rules and regulations; and to
prevent by injunction any pollution or threatened pollution of such
water supply, and any and all acts likely to impair the purity thereof; and
to carry out the powers herein granted, the said town may exercise
within the State all powers of eminent domain provided by the laws
of this State.

(7) To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and to make reasonable charges
therefor; to acquire and operate reduction or any other plants for the
utilization or destruction of such materials, or any of them; to contract
or regulate the collection and disposal thereof and to require and regulate
the collection and disposal thereof.

(8) 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

es.

(9) 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.

(10) 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 persons 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 such motor vehicle.

(11) 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 and proper operation
of the various departments of the town; and to acquire be condemnation
or otherwise, all lands, riparian and other rights, and easements necessary.
for such improvements, or any of them, either within or without the
town, and to construct, maintain or aid therein, roads and bridges to
any property owned by the said town and situate beyond the corporate
limits thereof, and to acquire land necessary for the aforesaid by con-
demnation or otherwise.

(12) To acquire, establish, enter, open, widen, extend, grade,
improve, construct, maintain and clean public highways, streets, side-
walks, boulevards, parkways, and alleys, and to alter, vacate, or close
the same; to establish and maintain parks, golf courses, playgrounds,
and public grounds, to keep them lighted and in good order; to con-
struct, maintain and operate bridges, viaducts, subways, tunnels, sewers
and drains and to regulate the use of all such highways, parks, public
grounds, and works; to plant and maintain or remove shade trees
along the streets and upon such public grounds; to prevent the obstruc-
tion 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 limitsethereof; 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, stadia, swimming pools,
gymnasia, 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
privileges of construction or using such stadia, swimming pools, recrea-
tion or amusement buildings, structures, or inclosures of every character,
refreshment 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 reasonable amount as it may by such ordinance prescribe before
furnishing service to such tenant.
752 ACTS OF ASSEMBLY [va., 1948

(15) To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require abutting property owners to connect
therewith and to establish, construct, maintain and operate sewage dis-
posal 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 purpose aforesaid, and to charge, assess,
and collect reasonable fees, rentals, assessments or costs of service for
connection with and using the same.

(16) Subject to the provisions of the Constitution and general
laws of Virginia and this charter, to grant franchises for public utilities ;
provided, however, the town shall at any time have the power to con-
tract for, own, operate, manage, sell, encumber or otherwise dispose of,
either within or without the town, any and all public utilities for the
town and to sell the services thereof, any existing franchise to the con-
trary notwithstanding.

(17) 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
ne rates charged for similar service to citizens within the corporate
imits.

(18) To compel the abatement and removal of all nuisances within
the town or upon property owned by the town beyond its limits at the
expense of the person or persons causing the same, or of the owner or
occupant of the ground or premises whereon the same may be, and to
collect said expense by suit or motion or by distress and sale; to require
all lands, lots and other premises within the town to be kept clean and
sanitary and free from stagnant water, weeds, filth and 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 un-
wholesome business, trade or employment therein; to regulate the trans-
portation 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 main-
tenance of billboards, signs, advertising, and generally to define, pro-
hibit, abate, suppress and prevent all things detrimental to the health,
morals, aesthetic sensibilities, safety, convenience and welfare of the
inhabitants of the town; and to require all owners or occupants of
property having sidewalks in front thereof to keep the same clean and
sanitary, and free from all weeds, filth, unsightly deposits, ice and snow.

(19) To extinguish and prevent fires, and to establish, regulate
and control a fire department or division; to regulate the size, height,
materials, and construction of buildings, fences, walls, retaining walls and
other structures hereafter erected in such manner as the public safety
and convenience may require; to remove or require to be removed or
reconstructed any building, structure or addition thereto which by
reason of dilapidation, defect of structure or other causes may have
become dangerous to life or property, or which may be erected contrary
to law; to establish and designate from time to time fire limits, within
which limits wooden buildings shall not be constructed, removed, added
to, enlarged or repaired and to direct that any future buildings within
such limits shall be constructed of stone, natural or artificial, concrete,
brick, iron or other fireproof materials; and may enact stringent and
efficient laws for securing the safety of persons from fires in halls and
buildings used for public assemblies, entertainments or amusements.

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

(21) To provide for regular and safe construction of houses in
the town for the future, and to provide a building code for the town,
to provide setback lines on the streets beyond which no building may
be constructed, to require that the standard of all dwelling houses be
maintained in residential sections in keeping with the majority of resi-
dences therein and to require that the standard of all business houses be
maintained in business sections in keeping with the majority of the
business houses therein.

(22) To provide for the preservation of the general health of
the inhabitants of said town, make regulations to secure the same, inspect
all foodstuffs and prevent the introduction and sale in said town of any
articles or thing intended for human consumption which is adulterated,
impure or otherwise dangerous to health, and to condemn, seize and
destroy or otherwise dispose of any such article or thing without
liability to the owner thereof; to prevent the introduction or spread of
contagious or infectious diseases, and prevent and suppress disease
generally ; to provide and regulate hospitals within the town limits, and
if necessary to the suppression of disease, to enforce the removal of
persons afflicted with contagious or infectious diseases to hospitals pro-
vided for them; to construct and maintain or to aid in the construction
and maintenance 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 necessary for the prompt and efficient performance of its
duties, with the power to invest any or all the officials or employees of
such department of health with such powers as the police officers of the
town have, to establish quarantine ground within or without the town,
and establish such quarantine regulations against infectious and con-
tagious diseases as the council may see fit, subject to laws of the State
and of the United States; and to provide for a bureau of vital statistics
and require physicians, midwives or parents to make reports thereto.
(23) To provide and maintain, either within or without the town,
charitable, recreative, corrective, curative, detentive or penal institutions.

(24) To prevent fowls and animals being kept in or running at
large in the town, or any thickly populated portion thereof, and to subject
the same to such taxes, regulations and penalties as the council may think
proper.

(25) To prevent the riding or driving of horses or other animals
at an improper speed; to prevent the flying of kites, throwing of stones,
or engaging in any sort of employment in the public streets which is
dangerous or annoying to passersby, and to prohibit and punish the abuse
of animals.

(26) Inso 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
automobiles and other automotive vehicles upon the streets; to regulate
the routes in and through the town to be used by motor vehicle carriers
operating in and through said town and to prescribe different routes for
different carriers; to prohibit the use of certain streets by motor trucks;
and generally to prescribe such regulations respecting motor traffic
therein as may be necessary for the general welfare.

(27) 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.

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

(29) To restrain and punish drunkards, vagrants and street beg-
gars, to prevent and quell riots, disturbances and disorderly assemblages ;
to suppress houses of ill-fame and gambling houses; to prevent and
punish lewd, indecent and disorderly exhibitions in said town; and to
expel therefrom persons guilty of such conduct who have not resided
therein as much as one year.

(30) To make and enforce ordinances, in so far as not prohibited
by the general laws of this State, to regulate, control, license and/or
tax the manufacture, bottling, sale, distribution, transportation, handling,
advertising, possession, dispensing, drinking and use of alcohol, brandy,
rum, whiskey, gin, wine, beer, lager beer, ale, porter, stout, and all
liquids, beverages, and articles containing alcohol by distillation, fer-
mentation or otherwise.

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

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

(33) To give names to or alter the names of streets.

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

(35) In so far as not prohibited by general law, to pass and enforce
all by-laws, rules, regulations and ordinances which it may deem neces-
sary for the good order and government of the town, the management
of its property, the conduct of its affairs, the peace, comfort, convenience,
order, morals, health and protection of its citizens or their property and
to do such other things and pass such other ordinances as may
necessary or proper to carry into full effect, all powers, authority,
capacity or jurisdiction, which is or shall be granted to or vested in
said town, or in the council, court, or officers thereof, or which may be
necessarily incident to a municipal corporation.

(36) To doall things whatsoever 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.

(37) To prescribe and enforce any penalty for the violation of any
town ordinance, rule, or regulation or of any provision of this charter,
not exceeding five hundred dollars or twelve months’ imprisonment in
jail, or both.

(38) 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
corporate limits of the said town at such price and upon such terms as
it may prescribe, and to that end it may contract and purchase electricity
and gas from the owners thereof upon such terms as it may deem
expedient.

(39) 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.

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

ereof.

(41) A lien shall exist on all real estate within the corporate limits
for taxes, levies and assessments in favor of the town, together with
all penalties and interest due thereon, assessed thereon from the com-
mencement of the year for which the same were assessed and the pro-
cedure 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.

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

Section 9. Ordinances making the annual tax levy, appropriation
ordinances, ordinances and resolutions pertaining to local improvements
and assessments, ordinances and resolutions providing for or directing
any investigation of town affairs, resolutions requesting information from
administrative bodies, or directing administrative action and emergency
measures shall take effect at the time indicated in such ordinance.
Except as otherwise prescribed in this charter, all ordinances and resolu-
tions passed by the council shall take effect at the time indicated in
such ordinances, but in event no effective date shall be set forth in any
such ordinances, resolutions or by-laws passed by the council, the same
shall become effective thirty days from the date of its passage. All
ordinances shall be published in full in a newspaper of general circulation
in the town or county, once within ten days after being passed by the
council.

Section 10. The town of New Market may levy a tax on all pro-
perty the taxation of which is not prohibited to it by, nor exempted in,
the Constitution and general laws of Virginia.

Section 11. If any clause, sentence, paragraph, or part of this
act shall for any reason be adjudged by any court of competent jurisdic-
tion 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 judg-
ment shall have been rendered.

Section 12. This act may be referred to or cited as the New
Market Charter of nineteen hundred and forty-eight.

2. Chapter one hundred forty-four of the Acts of Assembly of nine-
teen hundred and fourteen, approved March twenty, nineteen hundred
fourteen, which provided a new charter for the town of New Market,
is repealed.

3. All acts or parts of acts inconsistent with the provisions of this
act are repealed to the extent of such inconsistency.

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