Chap. 451.—An ACT to provide a new Charter for the town of Claremont, in
Surry county, and to repeal Slane e 32, as amended, of the Acts of Assembly
of 1885-86, approved January 16, [S 203]

Approved April 2, 1948

Be it enacted by the General Assembly of Virginia:

1. Section 1. Establishment of the town of Claremont.—The
inhabitants embraced within the present limits of the town of Claremont,
as hereinafter defined, or as the same may be hereafter altered and
established by law, shall constitute and continue a body politic and
corporate, to be known as the town of Claremont, and as such shall
have and exercise all of the powers which are now, or may hereafter be,
conferred or delegated to towns under the Constitution of Virginia.

Section 2. Limits of the town of Claremont.—The corporate limits
of the town of Claremont, as heretofore established, are hereby re-
established as follows; so much of the territory in Surry county, together
with all improvements and appurtenances thereto belonging, as is con-
tained in the following boundaries, to wit: “Beginning at the northeast
corner of McCrystal and Bryce’s Tract on the James River, and extend-
ing up same to the mouth of Chipoax Creek; up same and along the
boundary of Homestead Tract of Claremont Estate, to southwest corner
of same, at intersection of Cool Spring Road and Shepard Road;
thence along such Shepard Road to the Cabin Point Road ; thence across
railroad and woodland part of tract P P as laid down on the map of
Claremont Estate recorded in the County Clerk’s office, to southwest
corner of Section O O on Spring Grove Road ; thence along its southern
perimeter to the ravine at Section P; thence with ravine and along
southern perimeter of Sections P Q and T which is to southeast corner
of McCrystal and Bryce; thence with their E lines to the beginning.”

Section 3. Town officials—The officers of said town shall be a
mayor, five councilmen, clerk, treasurer, sergeant, and such other
officers as the council may deem necessary and proper. The mayor,
treasurer, and councilmen shall be elected at a regular municipal elec-
tion to be held on the Second Tuesday in June, in the year nineteen
hundred and forty-eight, and every two years thereafter, in the manner
prescribed by law, 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. Each officer shall
take the oath of office prescribed by State law, and execute the required
bond, if any, prior to entering upon his official duties. The council shall
be a continuing body, and no measure before same shall abate by reason
of the expiration of term of office, or removal, of any member. Vacancies
in the council shall be filled for the unexpired terms, by a majority vote
of the remaining members, The present mayor and council shall continue
office, until the expiration of the term for which they were elected.

Section 4. Appointments of the Council—The council shall appoint
a clerk, and such other officers as the council shall deem necessary,
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 of them. The same person may
be appointed to, and hold, two or more offices at the discretion of the
council. The officers as appointed by the council shall perform such
services, and receive such compensation as the council may provide.

Section 5. Same—Town sergeant.—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 town, and to a distance of one mile beyond in
criminal matters, as sheriffs now have, and perform. He shall perform
such other duties and receive such compensation as the council may
instruct and provide. The council may appoint such other persons as
policemen, assistants, and deputies to the sergeant, and pay them such
compensation, as the council may think necessary and proper.

Section 6. Duties of the mayor.—The mayor shall preside at all
meetings of the council, and perform such other duties as may be pre-
scribed by this charter, and the general laws of this State, and such as
may be imposed by the council consistent with his office. He shall be
entitled to vote upon measures pending before the council only in the
event that the other members voting shall be equally divided for and
against such measure. He shall be ex officio a conservator of the peace
within the town. He may issue all warrants charging violations of any
ordinances of the town, and may try and dispose of such warrants, when
authorized by the council to do so by ordinance. He shall receive such
compensation as may be provided by the council for that purpose. In the
mayor’s absence, or disability to act, his duties shall be performed by
the president of the council, who shall be appointed by the council for
that purpose. Provided however,that in lieu of the council authorizing
the mayor by ordinance to sit as trial judge they may in their discretion
create by ordinance the office of Civil and Police Justice, and may
appoint a Civil and Police Justice for the town, who must be a licensed
attorney, but may be a non-resident of the town at the discretion of the
council, Such civil and police justice shall have the same jurisdiction and
powers as civil and police justices in cities of this Commonwealth. The
term of office of such civil and police justice shall not be for a term
beyond that of the mayor in office at the time of his appointment. The
council shall fix the compensation, if any, of the civil and police justice,
but the amount of such compensation shall not depend in any way upon
the fines, fees, or costs, collected by his court as a result of violations of
ordinances, or depend in any way upon compensation from this State.

Section 7._ Town council.—The administration.and government of
the town of Claremont. shall be vested in the town council, with the
mayor as the executive and tie-breaker, as herein provided, all of whom
shall be residents of, and qualified voters in the town. The council shall
have full power and authority, except as herein otherwise stated,. to
exercise all of the powers conferred upon the town, and pass all legal
laws and ordinances relating to its municipal affairs. Each member
of the council shall receive such salary as shall be fixed by the council,
if any, but same may not exceed the sum of one hundred ($100.00)
dollars per annum. The council may create, appoint, or elect, such
boards, bodies, and departments, or officers, as may be permitted by
this charter, or the general laws of this Commonwealth, and fix their
compensation and define their duties as such.

Section 8. Meetings of council—The council shall meet as often
as required, and at a time and place specified in an ordinance to be
duly passed, which meetings shall be held at least once a month. Special
meetings shall be called by the clerk at the request of the mayor, or
any three councilmen. Reasonable notice of such special meetings shall
be given to each member of the council, and the mayor. A majority of the
members of said council shall constitute a quorum for the transaction of
business at any meeting.

Section 9. Powers of the town.—In addition to the powers con-
ferred by the general laws and Constitution of this Commonwealth,
the town of Claremont shall have all other powers and privileges set out
herein, to the extent that they, or any of them, may not be prohibited
by the Constitution of this Commonwealth, or be in conflict with the
general laws thereof.

Section 10. Same—Condemnation.—The town of Claremont shall
have the power to acquire by gift, purchase, devise, or condemnation,
real property, or any estate therein, within, or without the town, for any
legal purpose of the town; and hold, improve, lease, sell, or dispose of
the same, or any part thereof, including any property now owned by
the town. Provided however, that the town of Claremont shall not have
the power to condemn property of any other political subdivision of gov-
ernment of this Commonwealth.

Section 11. Same—Public utilities—The town of Claremont may
own, operate, and maintain water works, and to acquire in any lawful
manner, in any county of the State, such water, lands, property rights,
riparian rights, et cetera, as the council of said town may deem necessary
for the purpose of providing an adequate water supply for the said
town, and of piping and conducting the same; to lay, erect, maintain,
and repair all necessary mains and service lines, either within or without
the corporate limits, for the distribution of water to its customers and
consumers, and to charge and collect water rents thereon; to erect and
maintain all necessary dams, pumping stations, and other works in
connection therewith.

Section 12. Same—Sanitation—The town of Claremont shall have
the power to collect and dispose of garbage, sewage, offal, ashes, dead
animals, and other refuse, and to make reasonable charges therefor; to
contract and regulate the collection thereof, and disposal of same.

Section 13. Inspection.—The town shall have the power to inspect,
test, measure, and weigh any commodities, or articles for consumption
or use within the town ; to establish, regulate, license, and inspect weights,
measures, meters, and scales, and to charge a reasonable fee for same.

Section 14. Same—Regulation of amusements.—The town shall
have the power to license and regulate the holding of shows, circuses,
public exhibitions, carnivals, or other similar shows or fairs, or upon
failure to comply with regulation to prohibit the holding of same, or any
of them, within the town.

Section 15. Same—Construction of public buildings—-The town
of Claremont shall have the power to construct, maintain, regulate, and
operate public improvements of all kinds, including municipal and
other buildings, armories, sewage disposal plants, jails, and all other
buildings necessary or appropriate for the use or operation of the
various departments of the town.

Section 16. Same—Collection of utilities revenue—The town of
Claremont may establish, impose, and enforce the collection of water
and sewage 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 buildings, or against the tenant or tenants, and
in event such rates and charges shall be assessed against a tenant, then
the council may require a deposit of such reasonable amount, as it may
require before furnishing such services, to such tenant.

Section 17. Same—Installation of utilities--The town may con-
struct, establish, maintain, and erect, satisfactory sewers, necessary lines
and systems, and to require the abutting property owners to connect
therewith ; and to establish, construct, and maintain, and operate sewage
disposal plants, and to acquire by condemnation or otherwise, within, or
without the town, all lands or rights of way, riparian or other rights,
necessary for the aforesaid purpose, and to charge, assess, and collect
reasonable fees, rentals, easements, or costs of service for connection
therewith.

Section 18. Same—Franchise grants.~—The town shall have the
power to grant franchises for public utilities, in accordance with the
provisions of the Constitution and general laws of this Commonwealth;
to regulate, permit, or prohibit, poles and wires for electric, telephone
and telegraph purposes, to be erected and gas pipes to be laid, in the
streets and alleys of the town; to require the owner or lessee of any
electric light, telephone, or telegraph pole, or poles, wire, or wires, now
in use, or hereafter erected, to change the location of, or move the
same, when same are found to have been improperly placed, strung,
or maintained, at the expense of the utility.

Section 19. Same—Dedication and acceptance—Any street or
alley, road or roads, reserved in the division or subdivision in the lots or
tracts, of any portion of the territory within the corporate limits of the
town, by plat or plan of record, shall be deemed and held to be a dedica-
tion to the use of the town and general public thereof. Whenever any
street, or alley, road or roadway, within the town shall have been opened
to, and used by the public for a period of five years, the same shall
thereafter become a street, alley, road, or roadway accepted by the
town. However, when there has been a formal acceptance by resolution or
ordinance of the town council, no user shall be necessary for acceptance
for the street, alley, road, or roads included in the dedicated subdivision.

Section 20. Same—Abatement of nuisances.—The town shall have
the authority to compel the abatement of nuisances within the town, or
upon property owned by the town without the corporate limits, at the
expense of the person, or persons causing the same, or of the owner or
occupants of the grounds or premises whereon the same may be, and
to collect said expenses by suit or motion; to require all lots, lands, and
other premises within the town to be kept clean and sanitary, free
from all stagnant waters, weeds, filth and unsightly deposits, or to make
them so, at the expense of the owners or occupants thereof, and to col-
lect said expenses by suit or motion, or by distress and sale; to regulate
and prevent slaughter houses, or other noisome or offensive businesses
within said town, the keeping of hogs or other animals, poultry or fowl
therein, or the exercise of any dangerous or unwholesome business,
trade or employment therein; to compel the abatement of smoke or
unnecessary noises; to regulate the location, construction, operation,
and maintenance of billboards, signs, and advertising, and to generally
define, prohibit, abate, suppress, and prevent, all things detrimental to the
health, morals, or safety, convenience or 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, free
from all weeds, snow, or other obstruction.

Section 21. Same—Public health.—The town shall have the power
to provide for the general preservation of the public health of the
inhabitants of the town; and to make regulations and ordinances to
secure the same; to establish quarantines within or without the town; to
control infectious diseases ; and to enforce the removal of persons afflicted
therewith to hospitals for the treatment thereof.

Section 22. Same—Stray animals and fowls.—The town shall have
the authority to enact all necessary ordinances to prevent fowls and
animals from running at large within the town, or any thickly populated
section thereof.

Section 23. Same—Airports——The town shall have the authority
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.

Section 24. Same—Preservation of peace——The town shall have
the authority to restrain and punish drunkards, vagrants, and street
beggars; to prevent drunken driving within the town, and for one mile
beyond the limits thereof; to prevent and quell riots, disturbances, and
disorderly assemblage; to suppress houses of ill fame, and gambling
houses; to prevent and punish lewd, indecent, and disorderly exhibitions
in said town.

Section 25. Same—Property protection—The town shall have the
power to prohibit and punish for mischievous, wanton, or malicious
damage to public or private property within the town.

Section 26. Same—Fines and penalties—The town of Claremont
shall have the authority to put into force and effect by ordinance any
and all of the foregoing powers, and any other powers and authority,
given by this charter, or the Constitution, or general laws of this Com-
monwealth, or amendments thereto; and to prescribe punishment for
the violations of any of said ordinances or regulations, said penalty
not to exceed five hundred dollars fine, or twelve months imprisonment
in jail, or both.

Section 27. Same—Recreation—The town shall have the power
to construct any playgrounds, parks, or public improvements, and to
construct therein stadium, swimming pools, and recreation or amusement
buildings, structures, inclosures, refreshment stands, restaurants, et
cetera; to charge admission for the use of same, and to rent out or
lease the privileges of construction or use of said facilities.

Section 28. Same—Eminent domain.—The town shall have the
power of eminent domain within this State with respect to lands and
improvements thereon, machinery and equipment, for any lawful purpose
of the said town.

Section 29. Same—Fire control—-The town shall have the
authority to establish, operate, regulate, and control a fire department
or division, to extinguish fires and prevent the same.

Section 30. Same—Regulation of motor vehicles—The town shall
have the authority to control, regulate, limit and restrict the operation
of vehicles carrying passengers for hire upon the streets and alleys of
this town; to regulate subject to general law the use of automobiles,
and other automotive vehicles upon the streets; to regulate the routes
in and through the town to be used by motor vehicle carriers, and to
prescribe different routes for different carriers; to prohibit the use of
certain streets by motor trucks; to prescribe parking regulations on any
and all streets and alleys, roads and thoroughfares ; to provide and erect
suitable markers, and street names for all of said streets.
Section 31. Same—Streets and roads.—The town shall have the
power to acquire, establish, open, widen, extend, grade, construct, main-
tain and clear, public highways, streets, sidewalks, parkways, and
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 erect bridges,
viaducts, sewers, drains, and to’ regulate the use of all such highways,
parks, public grounds and walks; to plant, maintain or remove, shade
trees along the streets and upon such public playgrounds; to prevent
the obstruction of such streets and highways; to regulate the opera-
tion and speed of motor cars and other vehicles on, and within
said streets and highways, within the town, and for one mile beyond
the limits thereof ; for these purposes the town shall have the power and
authority to exercise the power of eminent domain with respect to
securing proper and necessary rights of way, or other rights, for streets
and other public conveniences in said town.

Section 32. Taxation and finance.—The town council shall have
control of taxation and finances for its municipal purposes. For this
purpose it shall have all the powers granted by the Constitution and
general laws of this Commonwealth, and in addition thereto, such other
powers as are granted by this charter, not in conflict with the Constitution
of this State.

Section 33. Same—Taxation.—The town of Claremont shall have
the power to raise annually by levy of taxes and assessment in said
town, on all such property, real and personal, as is now, or may hereafter
be subject to taxation by towns by the laws of this Commonwealth,
such sums of money as the council thereof may deem necessary for the
purposes of the said town, in such manner as the council shall deem
expedient in accordance with the Constitution of this State and the
United States; provided however, that it shall impose no tax on the
bonds of the said town.

Section 34. Same—Local assessments.—The said town shall have
the power to impose special or local assessments for local improvements,
and enforce payment thereof, subject to such limitations as may be pre-
scribed by the Constitution and laws of this State.

Section 35. Same—Tax limitations—The town shall have the
authority to fix, levy, set, and collect taxes on property subject to limita-
tions prescribed by the Constitution and laws of Virginia in force at
the time of imposition of such taxes; provided however, that the tax
for all purposes on property within the town shall not exceed one
dollar and forty cents on each hundred dollars assessed valuation, except
that taxes to cover the following needs shall be excluded from said
limitation; (a) The amount necessary to pay interest and principal on
the sinking fund of any bonded indebtedness of the town; (b) Fire
Protection taxes; (c) Special assessments for local improvements, water
works, and sewer system, and (d) Taxes that the general laws of Vir-
ginia permit towns to levy in excess of charter limitations.
Section 36. Same—Bonded indebtedness.—The town of Claremont
shall have the power to incur liabilities or debts, borrow money, and
execute or issue evidences of indebtedness; however, no indebtedness
shall be created beyond the ability of the council to pay within the
current year from ordinary or special revenues, except in the following
manner: the council on its own motion may order a special election, as
hereinafter provided, to determine whether such indebtedness shall be
created, or there may be presented to the council a petition signed by at
least one fourth of the bona fide resident free holders of the town,
twenty-one years of age or over, requesting that the council order a
special election to determine whether such indebtedness shall be created.
Pursuant to said petition the council shall order a special election to be
held within thirty days for that purpose, and at least twenty days
notice of such election shall be given by the council, and the purpose and
the amount of said proposed indebtedness shall be stated in said notice.
If a majority of those voting shall vote in favor of said indebtedness,
the council shall proceed within thirty days from that day, in the manner
prescribed by law.

For the purpose of such an election the bona fide resident free-
holders of the town, on the date of notice of such election, twenty-one
years of age or over, male or female, shall be determined in the following
manner; At least twenty days prior to the election the council shall
ascertain and record on an official list the names of such freeholders,
and shall publish forthwith such list by posting copies thereof in at
least three public places in the town. On such posted copies, notice
shall be given of the time and place of a meeting of the council, to be
held not less than seven nor more than ten days before the election, for
the purpose of correcting the official list, and at such meeting, or any
adjournment thereof, the council shall make such additions, or elimina-
tions, or both, as ascertained facts may require. The official list as thus
corrected shall constitute the final determination of persons qualified to
vote in the election.

Section 37. Same—Business and professional licenses —The town
may impose by ordinance licenses upon businesses, trades, professions 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 located in the town, except when prohibited
by general law, whether or not a license may be required by the State.
The fees for such licenses may exceed the state license if any be required.

Section 38. Same—Disbursement of funds.—The town shall have
the authority to expend money for all lawful purposes.

Section 39. Same—Limitation of taxation—The town shall impose
no license on the sale of agricultural products, raised or produced by the
vendor.

Section 40. Same—License fees——The town shall have the power
to collect for every license issued, or transferred, a reasonable charge
or fee, which fee shall be paid into the town treasury.
Section 41. Same—Motor vehicle license and registration —The
town shall have the power to require every owner and operator of a
motor vehicle residing in the town, on a date to be designated by the
council, to annually register such vehicle, and to obtain a license to
operate the same, by making application to the treasurer of the town,
or to such other person as may be designated by the council to issue
such licenses, and to require the owner to pay his 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 the machine. The council
shall have the right to require the operator of the vehicle to attach
proper license plates on same, to be displayed in full view.

Section 42. Same—Contracts.—All contracts and obligations here-
after made by the council not inconsistent with this charter, the general
laws, or the Constitution of this State, shall be, and the same are hereby
declared to be valid and legal.

Section 43. Same—Tax collection.—A lien shall exist on all real
estate within the corporate limits of the town, for taxes and assessments
in favor of the town, together with all interest and penalties due thereon
assessed, from the commencement of the year for which same were
assessed, and the procedure for collecting the 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 laws of the State,
to the same extent as if the provisions of said general laws were set out
herein at length. The town by its treasurer shall have the benefit of all
additional remedies for the collection of the town taxes which are now or
hereafter may be granted or permitted under general law.

Section 44. Same—Yearly assessment—The town shall provide
for the assessment each year of all taxable property within the town,
in the same manner as provided by State law.

Section 45. Same—Budget.—The town council shall prepare, or
cause to be prepared, annually a budget showing the estimated receipts
and proposed expenditures for the town purposes, as required by the
State law. .

Section 46. Same—Scope of taxation——-The town of Claremont
may levy on all subjects of taxation, not prohibited by, nor exempted in,
the Constitution and general laws of this Commonwealth.

Section 47. Zoning and building —The town of Claremont shall
have the power to regulate the size, height, material, and construction
of buildings, fences, walls, and other structures, hereinafter erected, in
such manner as the public safety and convenience may require; to
remove, or require to be removed or reconstructed any dwelling,
building or structure, or addition thereto, which by reason of dilapidation,
defects, structure, or other cause, may have become dangerous to life
or property, or which may have been erected contrary to law; to
establish and designate from time to time fire limits, within which limits
wooden buildings shall not be constructed, added to, or enlarged or
repaired; to enact stringent and efficient laws for securing the public
safety from fires in halls and buildings used for public assemblage,
entertainment or amusement.

Section 48. Same—Building code.—The town council shall provide
for regular and safe construction of houses in the town in the future. by
enacting a building code, providing set back lines on the streets beyond
which no building may be constructed; to require the standard of all
dwelling houses to be maintained ; in residential sections, in keeping with
the majority of the dwellings therein; and to require the standard of
all business houses to be maintained in business sections, in keeping with
the majority of business houses therein.

Section 49. Same—Plans.—The town shall have the power to
make and adopt comprehensive plans for the town, and to that end to
require by ordinance that all plats and plans or replats made sub-
dividing any land within the town into streets, alleys, roads, and lots
or tracts, shall be submitted to, and approved by, the council, before
any such plats, plans, or replats are filed in the office of the clerk of the
Circuit Court of Surry County, for record.

Section 50. Same—The town may issue building permits, upon
compliance of the applicant with all lawful regulations, or refuse to
issue same upon failure or refusal of the applicant to so comply. Such
permits may be required for buildings, fences, walls, or other structures.
Any firm, person, or corporation failing to secure such permits prior to
the beginning of said construction or work shall be deemed guilty of
a misdemeanor, and punished as heretofore provided.

Section 51. Title of act—This act may be referred to, or cited,
as the Claremont Charter of nineteen hundred and forty-eight.

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, said judgment shall not affect, impair, or invalidate the rest,
or remainder of the act, but shall be confined to the part of the act
directly involved in the controversy in which such judgment shall be
rendered.

3. An act to incorporate the town of Claremont in Surry County,
Virginia, being Chapter thirty-two of the Acts of Assembly of eighteen
hundred eighty-five—eighty-six, approved January sixteen, eighteen
hundred eighty-six, and Chapter five hundred ninety-three of the Acts
of the General Assembly of eighteen hundred ninety-three—ninety-four
amending and reenacting Sections three, four, six, and seven, of the
above designated charter to incorporate the town of Claremont, and
Chapter one hundred twenty-six of the Acts of the Assembly for nine-
teen hundred twenty-four, entitled “An Act to amend and reenact an
Act entitled, an Act to amend and reenact Section twelve, of an Act
to incorporate the town of Claremont in Surry County”, all acts amen-
datory thereof, or any part thereof, and to the extent only of any incon-
sistency with this act all other acts or parts of acts, are hereby repealed.

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