CHAPTER 414
AN ACT to provide a charter for the town of Onley, in Accomack

county.
[ H 684 ]
Approved April 5, 1950

Be it enacted by the General Assembly of Virginia:

1. §1. The inhabitants of the territory embraced within the
area hereinafter described shall constitute a body politic and
corporate to be known and designated as the town of Onley and
as such shall have and exercise all powers which are now or
may hereafter be conferred upon or delegated to towns under
the Constitution and laws of the Commonwealth of Virginia as
fully and completely as though all such powers were specifically
sae eli herein. The metes and bounds of the town shall be
as follows:

Beginning at a point on the southwest bank of a branch or
ditch, the same being a tributary of ‘Rat Trap Branch” where
it intersects the southeast side of the highway running from
Onley grammar school to “Ran Belotes’ Crossing’: thence in a
northeast direction along the southeast edge of said highway
to the intersection of the same with the highway known as
Main Street, which runs through the village of Onley from
Onancock to Locustville; thence in approximately the same
direction across Main Street 624.7 ft. along the southeast edge
of a private roadway running between the Carrie Belote land
and the land of O. A. Kelley; thence turning in a northwesterly
course 1444.9 ft. along the northeast edge of an alley as shown
on plat of Hiden M. White’s land, made by J. B. Gibb, C. S.,
December 30, 1946, which said plat is attached to a certain deed
dated February 11, 1947, from Hiden M. White to Millard F.
White, recorded in the clerk’s office of the circuit court of Acco-
mack county, Virginia, in Deed Book 187 at page 469 and in
Plat Book number 6 at page 99, which alley ends on the back
of the lot of M. F. White, designated as Lot Number 5 on a
certain plat of Caroline Belote’s property made by W. A. Las-
siter, per Fred E. Ruediger, C. S., on April 29, 1929, which said
plat is attached to a certain deed from Adelbert F. Mears, et al,
executors, to Hiden M. White, dated February 15, 1930, and
recorded in Deed Book Number 138 at page 20 and Plat Book
Number 3 at page 64, in the above-mentioned clerk’s office ; thence
in a northeast direction 51.6 ft. along the back line of the lot
formerly belonging to M. F. White, now belonging to Irving
Kellam; thence in an easterly direction 325.8 feet to the east
corner of Lot Number 2 as designated on the Lassiter plat above-
mentioned, which said point is 277.1 feet from the Onley-Acco-
mack highway; thence in an easterly direction paralleling said
last mentioned highway to a point 115 feet east of the division
line between the Caroline Belote farm, now owned by Hiden M.
White, and the Hargis farm, owned by W. Reid Nichols, et
als; thence at right angles 307.10 ft. to the North side of the
Onley-Accomack highway; thence along the North side of said
highway in a westerly direction approximately 200 ft. to the
line established between the old county stable lot and Lot No. 1
on the above-mentioned Lassiter plat; thence following said
line North 19 degrees 03’ W. 793.20 ft. to the East side of the
right of way of the Pennsylvania Railroad Company; thence
along said right of way to a point on the East side of said right
of way opposite the northeast edge of a roadway locally known
as the Northern Cross Road, which runs from the highway
designated as United States Route 13 to the Onley-Onancock
roadway; thence across the Pennsylvania Railroad Company’s
right of way and the roadway designated as United States Route
18 to the northern edge of said Northern Cross Road; thence
along the northern edge of said Northern Cross Road in a
straight line to the Onley-Onancock highway; thence in the same
direction across said Onley-Onancock highway to a point 200
ft. therefrom into the lands of H. C. Watson, known as the
Parks farm; thence in a straight line in a southerly direction
to the northwestern corner of the lot or parcel of land belonging
to the Misses Parks; thence in a southerly direction along the
boundary line of the Misses Parks’ lot or parcel of land and
continuing to a point which is a corner boundary line between
the lands of Elmer Bunting, Mrs. C. M. Dunton and Mrs. Hiden
M. White; thence in a westerly direction along the line between
the lands of Mrs. C. M. Dunton, George E. Rew, Herman Savage
and the lands of Mrs. Hiden M. White to a point that separates
the lands of P. D. Copes, Herman Savage and Mrs. Hiden White;
thence in a southeasterly direction approximately 50 ft. to the
northern boundary of Pine Street; thence in a southwesterly
direction along the northern boundary of Pine Street to a point
(next designated) ; thence at right angles to the left in a south-
easterly direction to a point on the roadway from Onley to
Savageville which separates the lands at said highway of Charles
R. Savage (now occupied by Brooks Kellam) and the N. F.
Walter woodland; thence along said boundary line to the north-
west edge of the highway designated as United States Route 13;
thence in a southwesterly direction along the northwest edge of
United States Route 13 to the western bank of a ditch for the
distance of 874 feet; thence at right angles to the left across
said United States Route 13 to the western bank of a ditch or
branch the same being a tributary of “Rat Trap Branch” or
ditch; thence down the southwest bank of said tributary of
“Rat Trap Branch” to the point of beginning.

§ 2. The administration and government of the town shall
be vested in a council which shall consist of seven members, six
of whom shall be denominated the councilmen and one to be
denominated the mayor, all of whom shall be residents and qual-
ified voters of the town. Each councilman may receive a salary
for his services as such, the amount thereof to be fixed by the
council, but in no event to be in excess of one hundred dollars
per year.

§ 3. The councilmen and the mayor shall be elected by
the qualified voters of the town on the second Tuesday in June,
nineteen hundred fifty, and every two years thereafter, in the
manner prescribed by law, and shall take office on September
one, nineteen hundred fifty. Until September one, nineteen hun-
dred fifty, the following persons shall constitute the council of
the town: Vernon S. Burton, mayor; Charles R. Savage, T. Hal-
lett Badger, W. R. Nichols, Paul H. White, George W. McMath,
and Charles R. Waters, councilmen. The council may elect one
of its members or some other person as clerk of the council.

§ 4. The council shall, by ordinance, fix the time for its
regular meetings. Special meetings shall be called by the clerk
of the council upon the written request of the mayor or any three
councilmen. At least twelve hours written notice shall be given
to the other members of the council, of the purpose, place and
time of any such special meeting. Special meetings may also
be held at any time without notice provided all members of the
council are present. No business shall be transacted at any
such special meeting which is not stated in the notice calling the
same, unless all members of the council attend the meeting or
waive notice thereof.

§ 5. The council shall appoint a clerk and a treasurer, and
may appoint a town attorney and such other officers and create
such hoards and departments as it deems necessary or proper,
and define their duties and functions. Such officers so appointed
shall hold office during the pleasure of the council, shall give
such bonds as the council requires, and shall receive such com-
pensation as the council prescribes. The same person may hold
two or more of such offices, in the discretion of the council.

§ 6. The council shall appoint a sergeant who shall qualify
as provided by law, and give bond in such amount as the council
requires. The sergeant shall be 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 the same, as were formerly had and performed by con-
stables. He shall perform such other duties and receive such
compensation as the council prescribes, and shall hold office
during the pleasure of the council.

§ 7. The mayor shall be a conservator of the peace, and
shall, unless and until a police justice is appointed as hereinafter
provided, have power to issue warrants and summon witnesses,
and exclusive original jurisdiction to try cases involving viola-
tions of town ordinances, or the collection of town taxes or as-
sessments, or any other form of debts owing to the town, and
shal] have like powers in the matter of collecting fines and costs
imposed by him, as are vested by law in trial justices. The fees
and costs in connection with such cases shall be the same as are
authorized by law to be charged, taxed and collected by trial
justices for similar services, and such fees, and all fines col-
lected by the mayor shall be promptly paid by him into the town
treasury, unless the council by ordinance directs some other dis-
position thereof; provided that the council may, at any time it
deems the same expedient, appoint a police justice for the town,
who shall be a resident and qualified voter of the town, shall give
such bond as the council requires, shall serve during the pleasure
of the council, and shall receive such compensation as the council
prescribes.

In the event of the appointment of such police justice, he
shall have, during such time as he serves, and to the exclusion
of the mayor, the same powers and jurisdiction as are herein-
above conferred upon and vested in the mayor, and shall exercise
the same in like manner as they are above authorized and
directed to be exercised by the mayor.
§ 8. In addition to, and supplementary of the powers con-
ferred upon towns and town councils by general law, the town
of Onley and its council shall have the powers set forth in the
following sections of this charter.

§ 9. The town is empowered to acquire, establish, en-
large, maintain and operate such water works and systems as
the council deems necessary for the purpose of providing an ade-
quate supply of water to consumers within the corporate limits
of the town and within such adjacent territory as the council
deems it expedient or proper to serve, at such rates as the coun-
cil prescribes, provided that the rates charged consumers with-
out the corporate limits shall not be less than, nor more than
double, the rates charged consumers within the town for similar
services, any or all of which rates the council may alter at any
time without notice.

The council may discontinue serving water to any consumer
who defaults in payment for such service within the time pre-
scribed by the council for the payment thereof for so long as
such default continues.

§ 9.1. In addition to powers of taxation conferred by gen-
eral law, the town is specifically authorized to levy and collect
taxes on all property subject to local taxation and all other sub-
jects of loca] taxation for that portion of the year nineteen
hundred fifty after the effective date of this act.

§ 10. The town is empowered to establish, construct, en-
large, and maintain such sanitary sewer lines and systems as
the council deems necessary or expedient, and to require owners
or occupiers of real estate within the corporate limits of the
town, which fronts or abuts on any such sewer line, to make
connection with and use the same; and shall have power to
assess and collect reasonable fees and rates for making sewer
connections and for sewer service, of the reasonableness of
which, the council shall be the sole judge; and sewer service
may be discontinued for default in payment for such service
within the time prescribed by the council for payment thereof.
for so long as such default continues.

The town is empowered to acquire by condemnation or
otherwise, such properties or interests or estate therein, either
within or without its corporate limits, as the council deems nec-
essary for the purpose of establishing, enlarging, maintaining
or operating any such sewer line or lines.

§ 11. The town is empowered to acquire by condemnatior
or otherwise, not inconsistent with general law and the Constitu.
tion of Virginia, property, real or personal, or any interest o1
estate therein, either within or without its corporate limits, for
any of its proper purposes, including that of providing play-
grounds, parks, golf courses and other recreational facilities, anc
to make reasonable charges for the use of such facilities, and to
otherwise handle and deal with such properties in such manner
as the council deems proper or expedient; and shall have power
to acquire by condemnation or otherwise, not inconsistent with
general law and the Constitution of Virginia, rights of way
from the town to any property acquired by it under any of the
provisions of this charter, which lies without its corporate limits,
and to construct and maintain upon such rights of way, such
roads or bridges as may be reasonably necessary for the full
enjoyment thereof; and shall also have power to sell such prop-
erties or any of them, or any other property owned by the town,
whenever the council deems it expedient to do so.

§ 12. In so far as provided by general law, the town is
empowered (a) to control and regulate the operation upon its
streets and alleys, of motor vehicles carrying passengers or
freight for hire, and to require the owners or operators of
such carriers to provide and maintain within the town, suit-
able terminals for the convenient loading and unloading of
passengers and freight; (b) to regulate the fares to be
charged by operators of taxicabs or other motor vehicles operat-
ing from established stands within the town, for carrying
passengers within its corporate limits, and to require that the
drivers of such vehicles be of such moral character as meets
with the approval of the council; and (c) to prescribe rules and
regulations with respect to motor traffic of all kinds, within the
town, and the parking of motor vehicles on its streets and alleys.

§ 138. The town is empowered (a) to regulate the holding
of shows, carnivals, fairs and other similar public exhibitions,
or to prohibit the holding of same, or any of them, within its
corporate limits or within one mile thereof; (b) except as pro-
hibited by general law, to impose and collect a license tax for
the privilege of doing within the town, anything upon which
the State imposes a license tax; provided that the town may,
subject to the general laws of the State, impose a higher
license tax on any such thing, than that imposed by the State on
the same thing, the amount of the license tax imposed by the
town to be, in each instance, in the discretion of the council.

§ 14. The town is empowered (a) to provide a building
code for the town; to provide for the orderly and safe construc-
tion of houses and other buildings; to prescribe setback lines
on designated streets; to designate standards to be observed in
the construction of dwellings and business houses on designated
streets and in designated sections; and (b) to adopt a compre-
hensive plan concerning the subdivision of lands within the
corporate limits of the town or within two miles thereof; to
require that plats of all such subdivisions shall, after having
been approved by the council as hereinafter provided, be re-
corded in the clerk’s office of Accomack County; and the term
‘“‘suhdivision”, when and as used in this charter, means the di-
vision of a tract of land into five or more lots, with appropriate
streets and alleys, and with the intention on the part of the
owner of the land, of developing the same, or making it avail-
able for development by others, for residential and business
purposes.

§ 15. The town is empowered (a) to prohibit, and to pun-
ish for mischievous or wanton damage to school property or any
other property, either public or private, within the town; (b) to
prohibit minors from frequenting or loitering in public: pool
rooms, billiard parlors or bowling alleys, and prescribe punish-
ment therefor, and to punish the proprietors of such places, or
their agents in charge, for permitting the same; (c) to compel
persons sentenced to confinement in jail for violations of town
ordinances, to work on the streets or other public places of the
town.

§ 16. The town is empowered to prohibit encroachments
upon the streets or alleys, or upon parks or other public places
of the town by any fence, building, porch, or other projection,
and to require the removal of any such encroachment heretofore
or hereafter made, unless made with the consent and approval
of the council, and to punish for any such encroachment here-
after made without such consent first obtained; and any such
encroachment made without such consent shall be deemed a
nuisance, of which the town may compel the abatement and
removal by and through appropriate court action or proceeding,
against which right of the town, no statute of limitation shall
run.

§ 17. The town is empowered to permit and regulate, or
to prohibit, the erection of poles and wires for electric, tele-
graph or telephone service or the laying of any kinds of pipes
in the streets or alleys of the town, and to prescribe, assess and
collect annual or other periodical charges for the doing of any
such things under permits thereafter granted; and the power
to require the owners or operators of any such electric light,
telephone or telegraph lines to change the location of any of
their poles whenever the council deems any such change ex-
pedient; provided that none of the powers above enumerated
shall be exercised in a manner inconsistent with the provisions
of any franchise granted by the town.

§ 18. The town is empowered to exercise all such police
powers as the council deems reasonably necessary for the pro-
motion and protection of the health, morals and safety of the
inhabitants of the town, for the protection of the property of
the town and its inhabitants, for the preservation of peace and
good order, and for the general welfare; and the council is em-
powered to make ordinances and by-laws for the purpose of
carrying into effect the enumerated powers conferred upon the
town by this charter, including police powers, and to prescribe
punishments for violations thereof, provided that no such pun-
ishment shall exceed the maximum punishment prescribed by
general law for a misdemeanor; and provided further, that all
ordinances, by-laws and resolutions made and adopted by the
council shall become effective thirty days after their passage,
unless a different date is specified in any such ordinance, by-
laws or resolution, upon which the same shall become effective.
2. An emergency exists and this act is in force from its pas-
sage.