Chap. 446.—An ACT to Vireiie a charter for the town of Warsaw, mn. the
county of Richmond, [H 549]

Approved April 1, 1948
Be it enacted by the General Assembly of Virginia:

ARTICLE I
THE TOWN CORPORATE

Section 1. (1) The inhabitants of the territory comprised within
the limits of the town of Warsaw, as such limits are hereinafter set
out 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 Warsaw, and as such shall have and may
exercise all powers which are now or hereafter may be conferred upon
or delegated to towns under the Constitution and laws of the Common-
wealth of Virginia, as fully and completely as though such powers were
specifically enumerated herein, and no enumeration of particular powers
by this charter shall be held to be exclusive, and shall have, exercise and
enjoy all the rights, immunities, powers and privileges and be subject
to all the duties and obligations now appertaining to and incumbent on
said town as a municipal corporation, and shall have perpetual succession,
may sue and be sued, implead and be impleaded, contract and be con-
tracted with, and may have a corporate seal which it may alter, renew,
or amend at its pleasure by proper ordinance.

ARTICLE II
CORPORATE LIMITS

Section 1. (1) The corporate limits of the town of Warsaw are
hereby established as follows: Beginning at a point on the southern
edge of State Highway No. 360, where the land of Ruby B. Balderson
and the land of Andrew B. Packett join; thence back from said road
with the line of Balderson to the line of the land of V. W. Sanders;
thence in the direction of Warsaw following the lines of and including the
lands of V. W. Sanders, J. Everett and Marie B. Davis, C. E. Harper,
the land of the Estate of Murvin Sisson, Peyton W. Smith, Harold R.
Bradshaw, John D. Richardson, W. N. Hall, Raymond H. Vanlanding-
ham, S. S. Hall, W. W. Lowery, the land of the estate of G. Milton
Sydnor, deceased, the Farmers Creamery, Inc. ; thence in a line running
in the direction of Richmond County Courthouse from the back line of the
said Creamery and to the back line of the land of the Estate of Marion
J. Packett, deceased; thence across the back end of the said Packett
land and continuing so as to take in the lands of W. Y. Morgan, Rodney
M. Coggin, the land of the Estate of A. B. Mallory, Sr., deceased, the
land of W. A. Jones, the land of T. D. Marks, the land of the Estate
of Ida Hall Marks, the land of H. L. Segar, John R. Connellee and
William M. Walker, the Shackleford lot owned by the Estate of J. W.
Chinn, deceased, the “Douglas lot” now owned by the Estate of J. W.
Chinn, deceased, the lot of land whereon is located the residence of the
said J. W. Chinn, deceased, together with what is known as the “Chicken
Lot”, the lands of Henrietta H. Mallory, St John’s Episcopal Church,
the lands of W. Y. Morgan exclusive of that portion located to the rear
of his garden, the land of Murdock Montgomery exclusive of that
portion located to the rear of his cattle barn, the land of Warren B.
Rains, T. Ivan Marks, W. Tayloe Murphy, Cornelia H. Worthington,
the land of the Estate of Lowery, deceased, the land of Lazarus Sanders
which fronts on the old public road to Tappahannock, exclusive of the
lot upon which his residence stands, and the tract of land recently pur-
chased by William M. Walker from J. H. Berlin and at said last men-
tioned tract to the State Highway No. 360 at a point where the said
Walker land and the land of the Turner estate join; thence across said
road and following the northern edge of same in the direction of Warsaw
to the line of the land known as “Cottage Farm” owned by the estate of
W. A. Jones, deceased ; thence back from said road with last mentioned
cH. 446] ACTS OF ASSEMBLY 859

line, a distance across to the greatest depth of the lot of I. B. Hall’s
residence ; thence in the direction of Warsaw running a line parallel with
Rt. 360, to the lot of I. B. Hall; thence continuing in the direction of
Warsaw in a line parallel with Rt. 360 across various properties until
the line of the land of the Warner estate is reached; thence with the
line of the Warner estate and the portion thereof owned by W. Tayloe
and Robert Murphy to the road from Warsaw to Ethel; thence across
said road and following the line of, and including, the land of the estate
of Thomas Barber, deceased, to Highway No. 3 which leads to Montross ;
thence across said Highway No. 3 to the intersection of same with
Hamilton Blvd.; thence with the western edge of Hamilton Blvd. to
the intersection of same with Highway No. 360 which leads toward
Haynesville; thence following the northern edge of said Highway No.
360 to the line of the lot of H. H. Scott; thence around and including
the lot of H. H. Scott and across said highway to the point of beginning.

ARTICLE II
ADMINISTRATION AND GOVERNMENT

Section 1. (1) The present mayor and councilmen of the town
of Warsaw shall continue in office and exercise all the powers conferred
by this charter and the general laws of this State until the expiration of
the term for which they were elected, or until their successors are duly
elected and qualified.

(2) On the second Tuesday in June, nineteen hundred and forty-
nine, and every two years thereafter, there shall be elected by the qualified
voters of the town, one elector of the town, who shall be denominated
mayor, and seven other electors, who shall be denominated councilmen,
and the mayor and councilmen shall constitute the town council. They
shall enter upon the duties of their offices on the first day of September
next succeeding their election, and shall continue in office until their suc-
cessors are duly elected and qualified. Every person so elected shall take
an oath faithfully to execute and discharge the duties of his office to the
best of his judgment, and the mayor shall take the oath prescribed by
law for State officers. The failure of any person elected or appointed
under the provisions of this charter to qualify or to take the oath required,
within the time prescribed for entering upon the discharge of the duties
of the office to which he is elected or appointed, shall vacate the said
office, and the council shall proceed and is hereby vested with power
to fill such vacancy in the manner herein prescribed.

(3) There shall be appointed for the town a registrar and officers
of election in the manner provided for by general law of Virginia, and
all elections held in said town shall be conducted in accordance with
said general law; the electorate shall be that prescribed by general law.

(4) The council shall judge of the election, qualification, and
returns of its members; may fine them for disorderly conduct, and, with
the concurrence of two-thirds, expel a member. If any person returned be
adjudged disqualified, or be expelled, a new election to fill the vacancy
shall be held on such day as the council may prescribe. Any vacancy
occurring otherwise during the term for which such person was elected
shall be filled by the council by the appointment of any one eligible to
such office. A vacancy in the office of mayor shall be filled by the council
from the electors of the town, and any member of the council may be
eligible to fill such vacancy.

A majority of the members of the council shall constitute a
quorum for the transaction of business.

(6) Each member of the council may receive a salary to be fixed
by the council, payable at such times and in such manner as the council
may direct, but the salary paid to any one member during any year shall
not exceed the sum of one hundred dollars ($100.00) per annum. The
mayor may receive a salary to be fixed by the council, payable in such
manner and at such times as the council may direct, not to exceed the
sum of five hundred dollars ($500.00) per annum; and such salary shall
be in lieu of any fees he is entitled to enter up as part of the costs and
receive in the trial of cases of violation of the ordinances of the town
as hereinafter provided for.

The mayor shall preside at the meetings of the council and per-
form such other duties as are prescribed by this charter and by general
law, and such as may be imposed by the council consistent with his
office. The mayor shall have no right to vote in the council, except in
case of a tie he shall have the right to break the same by his vote;
but he shall have the right to veto. He shall take care and see that the
by-laws, ordinances, acts and resolutions of the council are faithfully
executed and obeyed, and shall have and exercise all power and authority
conferred by general law on mayors of towns not inconsistent with this
charter. He shall be ex officio a conservator of the peace within the
town and within one mile of its corporate limits ; and shall have jurisdic-
tion to issue process for and try all cases for the violation of the town
ordinances, subject to an appeal to the Circuit Court of Richmond
County, Virginia, and impose such punishment and/or fines as may
be prescribed for violation of. the same, and he shall have power to issue
executions for all fines and costs imposed by him, or he may require
an immediate payment thereof, and in default of such payment he may
commit the defaulting party to the Richmond County Jail until such
fine and costs shall be paid, such commitment, however, not to be for
more than twelve months. He may release persons accused or convicted
of the violation of a town ordinance upon the giving of sufficient bail
to be fixed by him. He shall see that peace and good order are preserved
and that persons and property within the town are protected. He shall
authenticate by his signature such documents and instruments as the
council, this charter, or the laws of this Commonwealth require. He
shall from time to time recommend to the council such measures as
he may deem needful for the welfare of the town.

(8) Every ordinance, or resolution having the effect of an ordi-
nance, shall, before it becomes operative be presented to the mayor. If
cH. 446] : ACTS OF ASSEMBLY 861

he approves, he shall sign it, but if not, he may return it, with his
objections in writing, to the town clerk ‘who shall enter the mayor’s
objections at length on the minute book of the council. The council shall
thereupon proceed to reconsider such ordinance or resolution. If, after
such consideration, two-thirds of all the members elected to the council
shall agree to pass the ordinance or resolution, it shall become operative
notwithstandin the objection of the mayor. In all such cases the votes
of members of the council upon such reconsideration and the names
of the members voting for and against the ordinance or resolution shall
be entered on the minute book of the council. If any ordinance
or resolution shall not be returned by the mayor within five days
(Sunday excepted) after it shall have been presented to him, it shall
become operative in like manner as if he had signed it, unless his term
of office or that of the council, shall expire within said five days.

(9) The council shall, as soon as practicable after qualification,
and biennially thereafter following the regular municipal election, ap-
point one of its members as vice-mayor. The vice-mayor, during the
absence or disability of the mayor, shall perform the duties and be vested
with all the powers, authority, and jurisdiction, of the mayor; and in the
event of a vacancy for any reason in the office of mayor, he shall act as
mayor until a mayor is duly appointed by the town council or is elected.
The member of the council who shall be chosen vice-mayor shall con-
tinue to have all of the rights, privileges, powers, duties and obligations
of councilman even when performing the duties of mayor during the
absence or disability of the mayor of the town.

(10) The council shall, by ordinance, fix the time for their regular
meetings, which shall be held at least once a month. Special meetings
may be called by the clerk at the instance of the mayor or any two
members of the council in writing; and no other business shall be
transacted at a special meeting except that stated in the call, unless all
members be present and consent to the transaction of such other business.
The meetings of the council shall be open to the public except when in
the judgment of the council the public welfare shall require executive
meetings.

(11) The council shall keep a minute book, in which the clerk shall
note the proceedings of the council, and shall record proceedings at large
on the minute book and keep the same properly indexed.

(12) The council may adopt rules for regulating its proceedings,
but no tax shall be levied, corporate debt contracted, or appropriation of
money exceeding the sum of one hundred dollars be made, except by a
recorded affirmative vote of a majority of all the members elected to the
council.

(13) There shall be appointed by the council at its first meeting in
September, or as soon as practicable thereafter, a treasurer, who shall
hold office for a term of two years. The council may provide a salary
for the treasurer. He shall give such bond, with surety and in such
penalty as the council prescribes. He shall receive all money belonging
to the town, and keep correct accounts of all receipts from all sources
and of all expenditures of all departments. He shall be responsible for
the collection of all taxes, license fees, levies and charges due to the
town, and shall disburse the moneys of the town in the manner prescribed
by the council as it may by ordinance direct.

(14) The treasurer shall make such reports and at such time as
the council may prescribe. The books and accounts of the treasurer
shall be examined and audited at least once during the term for which
he is elected by a competent accountant selected by the council, such
examination and audit to be reported to the council.

(15) The council may in its discretion designate the place of deposit
of all town funds, which shall be kept by the treasurer separate and apart
from his personal funds.

(16) There shall be appointed by the council, at its first regular
meeting in September after its election, a clerk of the council, who shall
hold office at the pleasure of the council. He shall attend the meetings of
the council and keep its minutes and records and have charge of the
corporate seal and shall attest the same. He shall keep all papers re-
quired to be kept by the council, shall publish such reports and ordinances
as are required to be published, and shall perform such other duties
as the council may from time to time require. His compensation shall be
fixed by the council. Any vacancy in this office shall be filled by the
council.

(17) There shall be appointed by the council at its first regular
meeting in September or as soon as practicable thereafter, a town ser-
geant, who shall also be chief of police; and shall hold office at the
pleasure of the council. His duties shall be such as the council prescribes.
He shall be vested with the powers of a conservator of the peace. His
compensation shall be fixed by the council.

(18) The council may appoint a trial justice for the town who
shall serve at the pleasure of the council and until his successor is
appointed by the council and qualifies. The mayor, or any other qualified
voter of the town of Warsaw whom the council deems qualified, may be
appointed by it as such trial justice. If the mayor is appointed as trial
justice he shall discharge such duties as the trial justice of the town
under this charter and not as the mayor of the town, in addition to the
execution of the duties of the mayor imposed upon him by this charter ;
and his powers, duties, authority and jurisdiction as such trial justice
shall be as hereinafter provided for the trial justice, he shall receive the
salary of mayor provided by the council for the discharge of his duties as
mayor as well as such salary of trial justice as may be provided by the
council, if any.

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

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

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

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

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

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

The town of Warsaw may combine with the counties of Richmond
and Westmoreland for the use of one trial justice and one substitute
trial justice for such combined town and counties, in such manner as
may be provided by the laws of the State of Virginia relating to trial
justices; and if the town of Warsaw and the counties of Richmond and
Westmoreland shall at any time combine for the use of one trial justice
and one substitute trial justice for the said town and the said county,
the laws of the State of Virginia relating to trial justices, so far as appli-
cable, shall control and not this section of this charter.

(19) The Council may appoint or select such other officers as
may be necessary, including a business manager for the town, and fix
their salaries and define their duties.

(20) All ordinances, resolutions and by-laws passed by the coun-
cil shall take effect at the time indicated in such ordinances, resolutions
or by-laws, 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 its passage.
Section 1. (1) The Town Council shall have control of taxation
and finances for its municipal purposes. It shall have the following
powers:

(2) To prepare, or cause to be prepared, annually a budget showing
the estimated receipts and proposed expenditures for town purposes as
required by State law, and to publish the same.

(3) To raise annually by levy and collection of taxes and assess-
ments 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 the
Commonwealth, such sums of money as the council thereof may deem
necessary for the purposes of the said town in such manner as the said
council shall deem expediént in accordance with this charter, the Con-
stitution and laws of this State and the United States; provided, however,
that it shall impose no taxes on the bonds of the said town.

(4) To impose special or local assessments for local improvements
and enforce the payment thereof, subject to such limitations as may be
prescribed by the Constitution and laws of this State, as may be in
force at the time of the imposition of such special or local assessments.

(5) 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 laws of this State concerning bonds issued by towns,
upon 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.

(6) 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 obligations, or from the town taxes and revenues, as the case may

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

(8) To levy a tax or a license on any slot machine or similar device
of any kind, whether a license may be required therefor by the State or
not, and may, if permitted by general law, exceed the State license, if any
be required, and may provide penalties for any violation thereof.

(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
limits of the town or within one mile thereof; provided that the license
fee for holding any of the foregoing within one mile of the town shall
only be sufficient to provide regulation and protection.

(10) To impose licenses by ordinance upon businesses, trades, pro-
fessions or callings, and upon persons, firms, associations or corporations
engaged therein or offering to do business within the boundaries of the
town, whose principal office is or is not located in the town, except when
prohibited by general law, whether or not a license may be required
therefor by the State. The fee for such license may exceed the State
license fee if any be required.

(11) Licenses may also be imposed upon and a fee therefor col-
lected from persons, firms, or corporations selling and delivering at
the same time at other than a definite place of business, goods, wares
or merchandise, to licensed dealers or retailers in the town.

(12) For every license issued or transferred under this charter,
there may be prescribed by ordinance a reasonable charge or fee, for
issuing or transferring the same. Such charges or fees shall be paid
into the town treasury.

(13) A lien shall exist on all real estate within the corporate limits
for taxes, levies, penalties or assessments in favor of the town, levied or
assessed thereon from the commencement of the year for which the
samie was levied or assessed, and the penalties and procedure for collect-
ing such taxes and for selling real estate for town taxes shall be the
same as provided by the general laws of this Commonwealth. The
council shall have the benefit of all other remedies for the collection of
town taxes which are now, or may hereafter be permitted under the
general law of the State, including the power to distrain goods and
chattels for failure to pay taxes levied thereon.

ARTICLE V
PROPERTY

Section 1. The Town Council 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 purpose of the town, and to hold, improve, sell, lease,
mortgage, or pledge, or otherwise dispose of the same or any part
thereof, including any property now owned by the town.

(2) To acquire by gift, purchase, exchange or by the exercise of
the power of eminent domain within this State, lands, or any in-
terest or estate in lands, rock quarries, gravel pits, sandpits, water
and water rights, and the necessary roadways thereto, either within
or without the town, and to acquire and install machinery and
equipment and build the necessary roads or trainways thereto, and to
operate the same for producing material required for any and all
purposes of the town.

(3) To acquire and operate parks, playgrounds, and public grounds
within or without the corporate limits of the town, and to place on the
same either within or without the town, stadia, swimming pools, recrea-
tion and amusement buildings, structures or enclosures of every character,
and charge admission thereto, and to rent out or lease the privileges of
the same.

(4) 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.

(5) To acquire in any lawful manner, for the purpose of encourag-
ing commerce and manufacture, lands within or without the town, not
exceeding at any one time five hundred acres in the aggregate, and from
time to time sell or lease the same or any part thereof for industrial or
commercial use and purposes, irrespective of the consideration paid for
such lease or sale.

(6) To construct, purchase, maintain, regulate and operate public
improvements 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 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 afore-
said uses by condemnation or otherwise.

(7) To provide in or near the town land to be used as burial
places for the dead, to improve and care for the same and the approaches
thereto, and to charge for and regulate the use of the ground therein, to
cooperate with any non-profit corporation or association in the improve-
ments and care of burial places and approaches thereto; and to provide
for the perpetual upkeep and care of any plot or burial lot therein, the
town is authorized to take and receive sums of money by gift, bequest,
or otherwise, to be kept and invested, and the income thereof used in
and about the perpetual upkeep and care of the said lot or plot for
which the said donation, gift, or bequest has been made. And all acts
of the said town in accepting from any cemetery company, society or
corporation such land to be used as a burial place for the dead, whether
the land has been heretofore used or not, as well as all contracts and
agreements made with any person or persons for perpetual care and
maintenance, are hereby declared valid.

ARTICLE VI
UTILITIES

Section 1. The Town Council shall have the following powers:

(1) 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
cH. 446] ACTS OF ASSEMBLY 867

town, to its customers and consumers both within and without 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 for and purchase
electricity and gas from the owners thereof upon such terms as it may
deem expedient.

(2) _To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands, pro-
perty rights and riparian rights as the council of the town may deem
necessary for the purpose of providing an adequate water supply to the
town and piping and conducting the same; to lay, erect and maintain all
necessary mains and sewer lines, either within or without the corporate
limits of the town, and to require abutting property owners within such
corporate limits to connect therewith, for the distribution of water to
its customers and consumers, both within and without the corporate limits
of the 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
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
patrol over all land comprised within the limits of the watershed, tribu-
tary 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 town may exercise within the State all powers of
eminent domain provided by the laws of this State.

(3) To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require abutting property owners to connect
therewith ; to establish, construct, maintain, and operate sewage disposal
plants, and to acquire by condemnation or otherwise, within or without
the town limits, all land, rights-of-way, riparian and other rights and
easements necessary for said purposes, and to charge and assess and
collect reasonable fees, rentals, assessments or costs of service for con-
necting with and using the same.

(4) To charge and collect fees for permits to use public facilities
and for public services and privileges; and to have the right and power
to charge for any service rendered or convenience furnished to those
Tesiding without the corporate limits different from the rates charged
ie similar services or conveniences to those residing within the corporate
imits,

(5) To collect and dispose of sewage, offal, ashes, garbage, carcasses
of dead animals, and other refuse, and make reasonable charges therefor ;
to acquire and operate reduction or any other plants for utilization and
disposal of such material; to contract for or regulate the collection and
disposal thereof; and to require the collection and disposal thereof, and
to acquire land within or without the town for said purpose.
(6) 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 charge directly against
the owner or owners of the building, or against the proper tenant or
tenants; and may by ordinance require a deposit of such reasonable
amount as it may prescribe before furnishing such service either to owner
or tenant.

(7) To grant franchises 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,
manage, sell, encumber, or otherwise dispose of, either within or with-
out the town, any and all public utilities for the town, and to sell the
services thereof any existing franchises to the contrary notwithstanding.

(8) To regulate, permit or prohibit poles and wires for electric,
telephone, and telegraph purposes erected or to be erected and gas pipes
to be laid in the streets and alleys of the town; to require the owner or
lessee of an electric light, telephone, or telegraph pole, or poles, or wires,
now in use or hereafter erected, to change the location of or move the
same,

ARTICLE VII
STREETS

Section 1. The Town Council shall have the following powers:

(1) The town shall have the power to acquire, establish, enter,
open, widen, extend, grade, improve, construct, maintain, and clear
public highways, streets, sidewalks, boulevards, parkways, alleys, and
to alter, vacate, 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 re-
move shade trees along the streets and upon such public grounds ; to pre-
vent the obstruction of such streets, alleys and highways, to regulate the
operation and speed of cars and vehicles within the streets and highways
within the town; and to do all other things whatsoever adapted to make
the streets and highways safe, convenient and attractive.

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

ARTICLE VIII
BUILDING REGULATIONS

Section 1. The Town Council shall have the following powers:

(1) 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 ;
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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 become dangerous to life or property,
or which may be erected contrary to law.

(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
provide set-back lines on the streets beyond which no buildings may be
constructed if permitted by general law; to require the standard of all
dwelling houses to be maintained in residential sections in keeping with
the majority of residences therein, and if permitted by general law 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 Richmond county, Virginia.

(4) To issue, or refuse (in case of non-compliance with the build-
ing requirements of the town) to issue, permits for the construction
of buildings, 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
misdemeanor and punished as hereinbefore provided.

ARTICLE IX
ADDITIONAL POWERS

Section 1. In addition to powers elsewhere mentioned in this
charter and the powers conferred by general law and the Constitution, the
town shall have the following powers:

(1) To compel the abatement and removal of all nuisances within
the town or upon property owned by the town without its limits at the
expense of the person or persons causing the same or of the owner or
occupant of the ground or premises wherein 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 de-
posits, 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 noisome or offensive business within the
said town, 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 the same shall be constructed and
kept ; to regulate the location, construction, operation, and maintenance of
bill boards and signs; and generally to define, prohibit, abate, suppress,
and prevent all things detrimental to the health, morals, aesthetics,
safety, convenience and welfare of the inhabitants of the town; and
to require all owners or occupants of property having public sidewalks
adjacent thereto to keep the same clean and sanitary, free from weeds,
filth, unsightly deposits, ice and snow, and any obstruction.

(2) To extinguish and prevent fires, and to establish, regulate,
and control a fire department or division ; to establish and designate from
time to time fire limits, within which limits wooden buildings shall not
be constructed, added to, enlarged or repaired, and to direct that any
or all future 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, entertain-
ments or amusements.

(3) To direct the location and construction of all buildings for
storing explosives or combustible substances; to regulate the sale
and use of gunpowder, nitroglycerin, fireworks, kerosene, gasoline, and
other like material; to regulate or prevent the exhibition of fireworks,
the discharge of firearms, and the making of bonfires within the corporate
limits of said town.

(4) . 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 or without the town limits, and
if necessary to the suppression of disease, to enforce the removal of
persons affected with contagious or infectious diseases to hospitals pro-
vided for them; to provide for the organization of a department or
bureau of health, to have the powers of a board of health for the town,
with authority necessary for the prompt and efficient performance of
its duties, with the power to invest any or all of the officials or em-
ployees of such department of health with such powers as the police
officers of the town have, to establish quarantine ground within or with-
out the town, and establish and enforce such quarantine regulations
against contagious and infectious diseases as the council may see fit,
subject to the laws of the State and the United States.

(5) To provide for the care, support and maintenance of children
and of sick, aged, insane, or poor persons and paupers.

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

(7) To regulate poultry or other fowl, hogs, dogs or other 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.

(8) To prevent the riding or driving of horses or other animals at
an improper speed; to prevent the flying of kites, throwing of stones,
the setting off of fireworks 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.

(9) To establish markets in the town and regulate the same and
to enforce such regulations in regard to the keeping and sale of fresh
meats, vegetables, eggs, and other green groceries, and the trade of
hucksters and junk dealers as may be deemed advisable.

(10) To prevent any person having no visible means of support,
paupers, and persons who may be dangerous to the peace and safety of
the town from coming to town from without the same; and to expel
therefrom any such person who has been in the town less than twelve
months.

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

(12) To restrain and punish drunkards, vagrants, and street
beggars ; to prevent and quell riots, disturbances, and disorderly assembl-
ages; to suppress houses of ill-fame and gambling houses and punish
operators and inmates of the same; to prohibit and punish the carrying
of concealed weapons within the town; to prevent and punish lewd,
indecent, and disorderly exhibitions in the town. To prohibit and
punish gambling and betting, disturbances of the peace, disorderly con-
duct, and public swearing and cursing, within the town.

(13) To prohibit and punish mischievous, wanton, or malicious
damage to school, church, and public property, as well as to private
Property. nee , ;
(14) To prohibit minors from and punish them for frequenting,
playing or loitering in any public poolroom, billiard parlor, or bowling
alley, and to punish any proprietor or agent thereof for permitting same.

(15) To compel persons sentenced to confinement in jail for
any violation of the laws or ordinances of the town to work on the
public streets, parks, or other public works of the town; and on the
requisition of the mayor it shall be the duty of the sergeant of the town
or the sheriff of Richmond county to deliver such persons to the duly
authorized agent of the town for such purposes from day to day as they
may be required. For the purpose of carrying into effect the police
regulations of the town, the town shall have the use of the county jail
of Richmond county for the safe keeping and confinement of all persons
who shall be sentenced to imprisonment under the ordinances of the
town.

- (16) To enjoin and restrain the violation of any town ordinance
or ordinances, although a penalty is provided upon the conviction of such
violation.
(17) To pass and enforce all by-laws, rules, regulations, and ordi-
nances which it may deem necessary for the good order and government
of the town, the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health, and protection
of the citizens and their property, and to do such other things and
pass such other laws as may be necessary or proper to carry into full
effect all powers, authority, capacity or jurisdiction, which is or shall
be granted to or vested in said town, or in the council, court or officers,
thereof, or which may be a necessary incident to a municipal corporation.

(18) To do all things whatsoever necessary or expedient and law-
ful to be done for promoting or maintaining the general welfare, comfort,
education, morals, government, peace, health, trade, commerce, or
industries of the town, or its inhabitants.

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

(20) To provide by ordinance a system of meat and milk inspection,
and appoint milk and meat inspectors, agents, or officers to carry the
same into effect ; to prevent, license, regulate, control, and locate slaughter
houses within or without the corporate limits of the town; and for
such services of inspection to make reasonable charges; and to provide
reasonable penalties for the violation of such ordinances.

(21) To establish, organize, administer, or contribute to the support
of public schools and libraries, subject to the general laws establishing
a standard of education for the State.

(22) 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.

(23) 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, fermen-
tation or otherwise.

(24) To require every owner or operator of motor vehicles
residing in the 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 town, or such
other person as may be designated by the council; to issue such license,
and to require the owner to pay the annual license fee therefor to be
fixed by the council, provided that the license fee shall not exceed
the amount charged by the State on such machines. The council shall
have the right to require the operator of the motor vehicle to attach a
proper license plate on a conspicuous part of the motor vehicle and to
keep same thereon in plain view for common observation. The council
may pro rate such license fee over periods of not less than three months.

(25) In so far as not prohibited by general law, to control, regulate.
cH. 446] ACTS OF ASSEMBLY 873

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 auto-
mobiles 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 the 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 and safety.

(26) To make and enforce ordinances, not inconsistent with the
laws of this State.

(27) To put into force and effect by ordinances any and all the
foregoing powers, and any other powers and authority of the council
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 charter, the penalty not to
exceed five hundred dollars ($500.00) fine or twelve months’ imprison-
ment in jail, or both.

(28) The enumeration of particular powers by this charter shall
not be deemed to be exclusive, and in addition to the powers enumerated
herein or implied hereby, or appropriate to the exercise of such powers,
it is intended that the town council shall have and may exercise all
powers which, under the constitution and laws of this State, it would
be competent for this charter specifically to enumerate.

ARTICLE X
ACTIONS AGAINST TOWN

Section 1. (1) No actions shall be maintained against the town
for damages for any injury to any person or property alleged to have
been sustained by reason of the negligence of the town or any officer,
agent, or employee thereof, unless a written statement of the claimant,
his agent, or attorney, or the personal representative of any decedent
whose death is a result of the alleged negligence of the town, its officers,
agents or employees, of the nature of the claim and the time and place
at which the injury is alleged to have occurred or to have been received,
shall have been filed with the mayor or any attorney appointed by the
council for the purpose within sixty days after such cause of action
shall have occurred, except where the claimant is an infant or non
compos mentis, or the injured party dies within such sixty days such
statement may be filed within one hundred and twenty days. And no
officers, agents, or employees of the town shall have authority to waive
such conditions precedent or any of them.

ARTICLE XI
MISCELLANEOUS

Section 1. (1) If any clause, sentence, paragraph, or part of this
act shall for any reason be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate the
remainder of the act, but shall be confined in its operation to the part
of the act directly involved in the controversy in which the judgment
shall have been rendered. .

(2) This act may be referred to or cited as the Warsaw Charter
of nineteen hundred and forty-eight.

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