CHAPTER 425

AN ACT to provide a new charter for the town of Abingdon; and
repealing all former charters and all acts and parts of acts
in conflict with the new charter.

[S 234]

Approved April 6, 1950
Be it enacted by the General Assembly of Virginia:

1. ARTICLE I[—INCORPORATION

§ 1.1 Incorporation. The inhabitants of the territory em-
braced within the present limits of the Town of Abingdon, as here-
inafter defined, or as the same hereafter may be altered or estab-
lished by law, shall constitute and continue a body politic and
corporate, to be known and designated as the Town of Abingdon,
and as such shall have perpetual succession, may sue and be sued,
contract and be contracted with, and may have a corporate seal
which it may alter, renew, or amend at its pleasure.

§ 1.2 Form of Government. The municipal government pro-
vided by this charter shall be known as the “town manager
plan”. Pursuant to its provisions and subject only to the limita-
tions imposed by the constitution and by this charter, all powers
of the town shall be vested in an elective council, hereinafter re-
ferred to as “the council”, which shall enact local legislation,
adopt budgets, determine policies, and appoint the town manager,
who shall execute the laws and administer the government of the
town.

§ 1.3 Boundaries. The boundaries of the town shall be as
established by the annexation order of the Circuit Court of Wash-
ington County, Virginia entered in Law Order Book “Z” page 173
on the 17th day of April, 1948 and described as follows:

Beginning at the southwest corner of the property of the
Washington County School Board (Trade School Property) which
point of beginning is the front corner common to R. L. Wright
property and the property of the Washington County School
Board; thence S 22° 35’ 00’ W 2498.26 feet to a point in the prop-
erty of Franklin Snead; thence continuing through the Snead prop-
erty and crossing the properties of Hardwick, Morrison, Burke and
Booker 8 55° 09” 30’ W 2319.30 feet to a point in the property line
common to G. Y. Booker and Franklin Snead; thence with said
property line S 86° 16’ 55/’ W 799.42 feet to the rear corner of the
Snead property; thence running through the property of G. Y.
Booker crossing N. & W. Ry. and running through the property of
Nellie R. Motley Estate S 46° 19’ 25’ W 2098.90 feet; thence con-
tinuing through the Motley Estate property N 88° 09 05” W
909.75 feet; thence still through the Motley Estate property and
running through the W. F. Large property S 44° 30’ 50” W 1120.87
feet to a corner in the property line common to W. F. Large and
Levi Otey; thence with said line, crossing the Green Spring Road,
running through the Frances Fern property, and running approxi-
mately with the property line between Thyrza Fugate and Frank
Hope S 88° 49’ 43” W 4608.54 feet to a corner in the boundary line
common to Fugate and Hope; thence with a portion of the line com-
mon to Fugate and Hope S 22° 28’ 40’ W 298.37 feet to a point
in said line; thence running through the Fugate property, crossing
the Stone Mill Road, and running through the property of J. F.
Durham N 67° 31’ 20’ W 460.79 feet to a point in the center line
of Wolfe Creek; thence N 43° 47’ 00/° W 870.16 feet to a point in
the center line of Wolfe Creek, which point is in the property line
common to A. D. Sutton and the property formerly Gilliam’s;
thence with said common line and with a portion of the property
line common to A. D. Sutton and James Barker S 63° 53’ 55” W
2532.25 feet to a point in said line; thence departing from said line
N 26° 06’ 05’ W 1816.71 feet to a corner common to the properties
of Bordwine on the West, Preston on the East and Arnold on the
North; thence running through the properties of Arnold and FP. i.
James, crossing the N. & W. Railway and State Route 645, and
running through the property of Pearl Ropp N 41° 25’ 50” E
2426.62 feet to an angle point in the property line common to Ropp
and W. 8S. Miller; thence through the Miller property, crossing
Wolfe Creek, crossing U. 8S. Route 19, and running through the
property of Leffell N 33° 01’ 40” E 1098.48 feet to a 48” oak tree
in the Leffell property; thence continuing through the Leffell prop-
erty and running through the Ratcliff and the Pippin properties
N 85° 53’ 20” E 1271.56 feet to a point; thence continuing through
the Pippin property, crossing alternate U. S. Route 19, and ‘run-
ning through the properties on the northerly side of the road on
Taylor’s Hill N 59° 20’ 05” E 3638.25 feet to a point in the Laura
Henry property on Taylor’s Hill; thence N 47° 05’ 40” E 1955.34 feet
to a chestnut tree in Bundy’s line; thence N 15° 01’ 40” E 1228.00
feet to a point in the road leading from the White’s Mill Road to
the Bundy farm; thence running through the Clark property, cross-
ing White’s Mill Road and running through the Shortt property
N 65° 36’ 40” E 1525.13 feet to a point in the property line com-
mon to Shortt and Andrews; thence with the westerly property
lines of Sadie Andrews and Sam Andrews S 30° 17 10” E 350.00
feet to a corner common to Sam Andrews and A. J. Atkins and in
Corbett Dye’s northerly line; thence through the Corbett Dye prop-
erty S 36° 09’ 10” E 324.10 feet to a point in a lane; thence con-
tinuing across said lane and running through Lots 44, 45, 46 and
47 of the subdivision of part of the Kinzel Farm S 33° 10’ 15” E
535.43 feet to a point in the southerly line of Lot 47, which point
is also approximately 150 feet from the easterly line of a 20 foot
street in said subdivision; thence running through the Russell and
the Arnold properties S 65° 41’ 35” E 1231.41 feet to a point in
the property line common to W. H. Arnold and Trig Woodward;
thence running through the Woodward and Denton properties,
crossing a State secondary road, and running with the property
line common to J. H. Minnick and C. W. Andrews S 72° 47 10” E
2164.81 feet to an angle point in said common property line; thence
with another line common to Minnick and Andrews N 58° 27’ 30”
E 266.98 feet to a corner common to Minnick, Andrews and E. B.
Denton; thence with the property line common to Andrews and
E. B. Denton S 51° 49’ 10” E 592.98 feet to a corner common to
Denton, Andrews and R. L. Wright; thence with a portion of the
property line common to Denton and Wright N 58° 38 30” E
1017.17 feet to a point in said line; thence through the Wright
property and with the line common to Wright and the Washington
County School Board (Trade School Property) S 18° 57’ 20” E
809.14 feet to the point of beginning.
§ 2.1. General Grant of Powers.—The Town of Abingdon shall
have and may exercise all powers which are now or may hereafter
be conferred upon or delegated to towns under the Constitution
and the laws of the Commonwealth and all other powers pertinent
to the conduct of a town government the exercise of which is not
expressly prohibited by the said Constitution and laws and which,
in the opinion of the council are necessary or desirable to promote
the general welfare of the town and the safety, health, peace, good
order, comfort, convenience, and morals of its inhabitants, as fully
and completely as though such powers were specifically enumerated
in this charter, and no enumeration of particular powers in this
charter shall be held to be exclusive but shall be held to be in
addition to this general grant of powers.

§ 2.2. Financial Powers. In addition to the powers granted
by other sections of this charter the town is empowered:

2.201. To raise annually by levy of taxes and assessments in
the town on all property, real and personal, as is now or may be
subject to taxation by towns by the laws of this Commonwealth,
such sums of money as the council shall deem necessary for the
purposes of the town, in the manner as the council shall deem
expedient in accordance with the Constitution of this State and
of the United States. °

2.202. To impose special or local assessments for local improve-
ments and to force payment thereof, subject to such limitations
prescribed by the Constitution and laws as may be in force at the
time of the imposition of such special or local assessments.

2.203. To require the owner of every motor vehicle kept or
habitually used in the town, on a date to be designated by the
council, to annually register such motor vehicle and to obtain a
license to operate the same by making application to the town
treasurer, or such other person as may be designated by the council
to issue said license, and to require the vehicle owner to pay an
annual license fee therefor to be fixed by the council provided that
the license shall not exceed the amount charged by the State on
the said vehicle.

2.204. To establish, levy, and collect, except when prohibited
by general law, a tax or a license on any person, firm, or corpora-
tion pursuing or conducting any trade, business, profession, occu-
pation, employment or calling whatsoever within the boundaries of
the town, whether a license may be required therefor by the State
or not, and may exceed the State license, if any be required and
may provide penalties for nonpayment thereof.

2.205. To establish, levy and collect taxes for admission to or
other charge for any public amusement, entertainment, perform-
ance, exhibition, lecture, sport or athletic event in the town, which
taxes may be added to and collected with the price of such ad-
mission or other charge.

2.206. To establish, levy, and collect taxes upon the amount
paid for the use of water, electricity, gas, telephone or other public
utility service used within the town, which taxes may be added to
and collected with the bills rendered the purchasers of such service.

2.207. To establish, levy, and collect a tax on all subjects of
taxation not prohibited to it by, nor exempted in, the Constitution
and general laws of Virginia.

2.208. To establish, levy, and enforce the collection of water
and sewage rates and charges, and rates and charges for public
utilities, products, or conveniences, operated, rented or furnished
by the town; and to assess, or cause to be assessed, after reasonable
notice to the owner or owners, water and sewage rates and charges
directly against the owner or owners of the buildings or against
the proper tenant or tenants. In the event such rates and charges
are assessed against the owner or owners such rates and charges,
together with such penalties and interest not to exceed six per
centum as the council may by ordinance prescribe, shall constitute
and be a lien against the real estate and buildings in or on which
such service is rendered and may be filed in the clerk’s office of
the Circuit Court of Washington County and collected in the same
manner as delinquent taxes are filed and collected; and in event
such rates and charges shall be assessed against a tenant then the
council may by ordinance, require of such tenant a deposit of such
reasonable amount as it may by such ordinance prescribe before
furnishing such service to such tenant.

2.209. To charge and to collect fees for permits to use public
facilities and for public services and privileges. The said town
shall have the power and right to charge a different rate for any
service rendered or convenience furnished to citizens without the
corporate limits from the rates charged for similar services to
citizens within the corporate limits.

2.210. To accept or refuse gifts, donations, bequests, or grants
from any source for any purpose related to the powers and duties
of the town government.

2.211. To provide, or aid in the support of, public libraries,
public schools, and public hospitals.

2.212. To provide for the control and management of the fiscal
affairs of the town, and prescribe and require the adoption and
keeping of such books, records, accounts and systems of accounting
as may be necessary to give full and true accounts of the affairs,
resources, and revenues of the town and the handling, use and
disposal thereof.

2.213. To provide each fiscal year for the assessment and
valuation of all property, real and personal, within the corporate
limits of the town, for the purpose of local taxation. The authority
hereby vested is not to conflict with any State control of local
assessments or valuation, but is to be exercised generally for all
other purposes of local taxation and revenue.

2.214. To borrow money, contract debts, and make and issue,
or cause to be made and issued, as evidence thereof, bonds, notes,
or other obligations, within the limitations prescribed by the Consti-
tution, and in accordance with the provisions of the law concerning
bond issues by towns, upon the credit of the town, or solely upon
the credit of specific property owned by the town, or solely upon
the credit of income derived from property used in connection with
any public utility owned or operated by the town.

2.215. To expend the money of the town for all lawful pur-
poses.

§ 2.3. Powers Relating to Public Works. Utilities and Prop-
erties. In addition to the powers granted hy other sections of this
charter, the town is empowered:

2.301. To acquire by purchase, gift, devise, condemnation or
otherwise, property, real or personal, or any estate therein within
or without the town for any of the purposes of the town; and to
hold, improve, sell, lease, mortgage, pledge, or otherwise dispose
of the same or any part thereof, including any property now owned
by the town.

2.302. To own, operate and maintain water works and to
acquire in any lawful manner in any county of the State, such
water, lands, property rights, and riparian rights as the council may
deem necessary for the purpose of providing an adequate water
supply to the town and of piping and conducting the same; to lay,
erect and maintain all necessary mains and service lines, either with-
in or without the corporate limits of the town, 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 reason-
able rules and regulations for promoting the purity of its water
supply and for protecting the same from pollution; and for this
purpose to exercise full police powers and sanitary control over
all land comprised within the limits of the watershed tributary to
any such water supply wherever such lands may be located in this
State; to impose and enforce adequate penalties for the violation
of any such rules and regulations; and to prevent by injunction
any pollution or threatened pollution of such water supply and any
and all acts likely to impair the purity thereof; and to carry out
the powers herein granted, the town may exercise within the State
all powers of eminent domain provided by the laws of this State.

2.303. To construct, 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 the 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; either within or without the town; and to con-
struct, maintain or aid therein, roads and bridges to any property
owned by the town and situated beyond the corporate limits
thereof, and to acquire the land necessary for the aforesaid by con-
demnation or otherwise.

2.304. To survey, establish, enter, open, widen, extend, grade,
construct, pave, maintain, light, sprinkle, and clean, public streets,
highways, alleys, sidewalks, parkways or parks and to relocate,
alter or close the same; to regulate the weight of loads to be
hauled or carried over and upon the streets in so far as such regu-
lation of weights of loads does not conflict with general State laws
relating to load limits to be carried or transported over State
highways; to regulate the use of all such highways, parks, streets,
alleys, parkways, and public places; to prevent the obstruction,
destruction or injury to any of such streets, alleys or highways;
to require any railroad company operating a railroad at the place
where any highway or street is crossed within the limits of the
town to construct and maintain adequate crossings and to erect
and maintain at such crossing any style of gate or warning signal
deemed proper; to regulate the operation and speed of all cars,
motorcycles, bicycles or vehicles upon said streets or highways as
well as the speed of all engines, cars, or railroad trains within the
town; to permit or prohibit towers, poles or wires for electric,
telephone, telegraph, radio, or television purposes to be erected or
wires or gas or water lines to be laid in the streets or alleys, and
to prescribe and collect an annual charge for such privileges here-
after granted; to require the owner or lessee of any electric light,
telephone, telegraph, radio or television towers, poles, or wires,
or the owner or lessee of gas, sewer or water mains or lines, now
in use or hereafter erected or constructed to change the location
or remove the same; to construct, maintain and operate bridges,
viaducts, subways, tunnels, sewers, and drains; to plant, maintain
or remove shade trees along the streets and upon public grounds;
and to do all other things whatsoever to make said streets and
highways safe, convenient and attractive.

2.305. To establish, maintain, and regulate the use of parks,
golf courses, playgrounds, and public grounds, and to keep them
lighted and in good order; to construct in such parks, playgrounds,
and public grounds, as the town may maintain, or upon any town
property, stadia, swimming pools, gymnasia, and recreation or
amusement buildings, structures, or enclosures of every character,
refreshment stands, restaurants, et cetera; to charge admission for
use of the same, and to rent out or lease the privileges of con-
structing or using such stadia, swimming pools, recreation or
amusement buildings, structures, or enclosures of every character,
refreshment stands, or restaurants, et cetera.

2.306. To establish, construct, and maintain sanitary sewers,
sewer lines and systems, and to require the abutting property
owners to connect therewith; to establish, construct, maintain and
operate sewage disposal plants; to acquire by condemnation or
otherwise, within or without the town, all lands, rights of way,
riparian and other rights, and easements necessary for the purposes
aforesaid ; and to charge, assess, and collect reasaonble fees, rentals,
assessments or costs of service for connection with and using the
same.

2.307. To grant franchises for public utilities subject to the
provisions of the Constitution and general laws of Virginia and
this charter ; provided, however, the town shall at any time have the
power to contract for, own, operate, manage, sell, encumber or
otherwise dispose of, either within or without the town, any and all
public utilities for the town and to sell the services thereof, any
existing franchise to the contrary notwithstanding.

2.308. To own, operate and maintain electric light and gas
works, either within or without the corporate limits of the town
and to supply electricity and gas whether the same be generated
or purchased by said town, to its customers and consumers both
without and within the corporate limits of the said town, at such
price and upon such terms as it may prescribe, and to that end it
may contract and purchase electricity and gas from the owners
thereof upon such terms as it may deem expedient.

2.309. To establish, maintain and operate a landing field or
airport within or without the town and for such purposes to acquire
real estate by gift, lease, purchase or condemnation; to lease such
landing field or airport to others to be used for any lawful pur-
poses; to erect and maintain buildings and appurtenances neces-
sary for the use of such landing field or airport and to prescribe
and enforce rules and regulations not in conflict with the laws,
rules and regulations prescribed by the State of Virginia and the
Federal Government, for the use and protection of such landing
field or airport.

2.310. To give names to or alter the names of streets.

2.311. To acquire in any lawful manner for the purpose of
encouraging commerce, industry, and manufacture, lands within or
without the town not exceeding at any one time one hundred acres
in the aggregate and from time to time to sell or lease the same or
any part thereof for industrial or commercial uses and purposes.

2.312. To acquire, construct, own, maintain and operate,
within and without the town, places for parking or storage of ve-
hicles by the public, which shall include but shall not be limited
to parking lots, garages, buildings and other land, structures,
equipment and facilities, when in the opinion of the council they
are necessary to relieve congestion in the use of streets and to re-
duce hazards incident to such use; provide for their management
and control by a department of the town government or by a
board, commission or agency specially established by ordinance for
the purpose; authorize or permit others to use, operate or maintain
such places or any portions thereof, pursuant to lease or agree-
ment, upon such terms and conditions as the council may deter-
mine by ordinance; and charge or authorize the charging of com-
pensation for the parking or storage of vehicles or other services
at or in such places.

2.313. To accept, by ordinance, or to refuse the dedication of
streets, alleys, easements or other public use or purpose unless the
title to the same be acquired in fee simple in accordance with any
subdivision regulations adopted under the provisions of Article
VII.

2.314. To exercise the power of eminent domain within this
State with respect to lands and improvements thereon, for any
lawful purpose of the town.

Provided, however, that the provisions of § 25-233 of the Code
of Virginia, 1950, shall apply as to any property owned by a cor-
poration possessing the power of eminent domain that may be
sought to be taken by condemnation under provisions of this act.

§ 2.4. Power to make Regulations for the Preservation of the
Safety, Health, Peace, Good Order, Comfort, Convenience, Morals
and Welfare of the Town and Its Inhabitants.—In addition to the
powers granted by other sections of this charter, the town shall
have power to pass and enforce by-laws, rules, regulations, and
ordinances, not in conflict with this charter or prohibited by the
general laws of the Commonwealth for the preservation of the
safety, health, peace, good order, comfort, convenience, morals, and
welfare of its inhabitants, and among such powers, but not in
limitation thereof, the town is empowered:

2.401. To collect and dispose of sewage, offal, ashes, garbage,
carcasses Of dead animals and other refuse, and to make reasonable
charges therefor; to acquire and operate reduction or any other
plants for the utilization or destruction of such materials; to con-
tract for or regulate the collection and disposal thereof and to
require and regulate the collection and disposal thereof.

2.402. To inspect, test, measure and weigh any commodity or
commodities, or articles of consumption for use within the town;
and to establish, regulate, license and inspect weights, meters,
measures and scales.

2.403. To license and regulate the holding and lucation of
shows, circuses, public exhibitions, carnivals, and other similar
shows or fairs, or prohibit the holding of the same, or any of them,
within the town.
2.404. To compel the abatement and removal of all nuisances
within the town or upon property owned by the town beyond its
limits at the expense of the person or persons causing the same,
or of the owner or occupant of the ground or premises whereon
the same may be, and to collect said expense by suit or motion or
by distress and sale; to require all lands, lots and other premises
within the town, to be kept clean and sanitary and free from stag-
nant water, weeds, filth and unsightly deposits, or to make them
so at the expense of the owners or occupants thereof; and to collect
said expenses by suit or motion or by distress and sale; to pass
and enforce any ordinance that may be necessary to the public
safety for the control of dogs; to regulate, or prevent slaughter
houses or other noisome or offensive business within the town, the
keeping of hogs, or other animals, poultry or other fowl] therein,
or the exercise of any dangerous or unwholesome business, trade or
employment therein; to regulate the transportation of all articles
through the streets of the town; to compel the abatement of smoke
and dust and prevent unnecessary noise; to regulate the location of
stables and the manner in which they shall be kept and con-
structed; to regulate the location, construction, operation, and
maintenance of billboards, signs, advertising, and generally to de-
fine, prohibit, abate, suppress and prevent all things detrimental
to the health, morals, aesthetic sensibilities, safety, convenience
and welfare of the inhabitants of the town; and to require all
owners or occupants of property having sidewalks in front thereof
to keep the same clean and sanitary, and free from all weeds, filth,
unsightly deposits, ice and snow.

2.405. To extinguish and prevent fires, and to establish, regu-
late and control a fire department or division; to regulate the size,
height, materials and construction of buildings, fences, walls, re-
taining walls and other structures hereafter erected in such man-
ner as the public safety and conveniences may require; to remove
or require to be removed or reconstructed any building, structure
or addition thereto which by reason of dilapidation, defect of
structure or other causes may have become dangerous to life or
property, or which may be erected contrary to law; 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 fireproof materials; and may enact stringent
and efficient laws for securing the safety of persons from fires in
halls and buildings used for public assemblies, entertainments or
amusements.

2.406. To direct the location of all buildings for storing explo-
sives or combustible substances; to regulate the sale and use of
gun powder, nitroglycerine, kerosene oil or other like materials;
to regulate the discharge of fire arms, and the making of bonfires
in the streets and yards; to prohibit the sale and use of fireworks.

2.407. To provide for regular and safe construction of houses
in the town for the future; and to provide a building code for the
town, and set back lines on the streets.

2.408. To provide for the preservation of the general health
of the inhabitants of the town, make regulations to secure the
same, inspect all foodstuffs and prevent the introduction and sale
in the town of any article or thing intended for human consump-
tion, 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 liablility 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 afflicted with contagious or infectious diseases to hospitals
provided for them; to construct and maintain or to aid in the con-
struction and maintenance of a hospital or hospitals for the use
of the people of the town.

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

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

2.411. To prevent the riding or driving of horses or other
animals at an improper speed; to prevent the flying of kites, throw-
ing of stones, or engaging in any sort of employment in the public
streets which is dangerous or annoying to passersby, and to pro-
hibit and punish the abuse of animals.

2.412. To control, regulate, limit and restrict in so far as not
prohibited by general law the operation of motor vehicles carrying
passengers for hire upon the streets or alleys of the town; to regu-
late the use of automobiles and other automotive vehicles upon the
streets; to regulate the routes in and through the town to be used
by motor vehicle carriers operating in and through 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 neces-
sary for the general welfare.

2.413. To exercise full police powers and establish and main-
tain a department or division of police.

2.414. To restrain and punish drunkards, vagrants and street
beggars, to prevent and quell riots, disturbances and disorderly as-
semblages; to suppress houses of ill-fame and gambling houses;
to prevent and punish lewd, indecent and disorderly exhibitions in
the town; and to expel therefrom persons guilty of such conduct
who have not resided therein as much as one year.

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

2.416. To offer and pay rewards for the apprehension and con-
viction of criminals.

2.417. To prohibit begging, soliciting, or the peddling or hawk:-
ing of any article for sale on the streets of the town.

2.418. To punish for contempt of court, releasing or attempt-
ing to release a prisoner, or interfering in any manner with an
officer in the exercise of his official duties. |

2.419. To make and enforce ordinances to regulate, control,
license and tax the manufacture, bottling, sale, distribution, handl-
ing, advertising, possession, dispensing, drinking and use of
alcohol, and all liquids, beverages and articles containing alcohol
obtained by distillation, fermentation or otherwise; provided, how-
ever, that no such ordinance shall be in conflict with any of the
provisions of the Alcoholic Beverage Control Act or the general
laws of this Commonwealth with respect to such alcoholic bever-
ages, liquids, and articles.

2.420. To provide for the protection of the town’s property,
real and personal, the prevention of the pollution of the town’s
water supply, and the regulation of the use of parks, playgrounds,
playfields, recreational facilities, cemeteries, airports and other
public property, whether located within or without the town. For
the purpose of enforcing such regulations all town property wher-
ever located shall be under the police jurisdiction of the town.
Any member of the police force of the town or employee thereof
appointed as a special policeman shal] have power to make arrests
for violation of any ordinance, rule or regulation adopted pursuant
to this section and the police justice shall have jurisdiction in all
cases arising thereunder within the town and the trial justice
court of the county wherein the offense occurs shall have juris-
diction of all cases arising thereunder without the town.

2.421. To prescribe the location in, under or over, and grant
permits for the use of, streets, alleys, and other public places for
the maintenance and operation of tracks, poles, wires, cables, pipes,
conduits, bridges, subways, vaults, sewers, areas and cellars; re-
quire tracks, poles, wires, cables, pipes, conduits and bridges to
be altered, removed or relocated either permanently or tempor-
arily; charge and collect compensation for the privileges so
granted and prohibit such use of the streets, alleys and other pub-
lic places of the town, and no such use shall be made of the
streets, alleys or other public places of the town without the con-
sent of the council.
2.422. To prevent any obstruction of or encroachment over,
under or in any street, alley, sidewalk or other public place; pro-
vide penalties for maintaining any such obstruction or encroach-
ment; remove the same and charge the cost thereof to the owner
or owners, occupant or occupants of the property so obstructing or
encroaching, and collect the sum charged in any manner provided
by law for the collection of taxes; require the owner or owners or
the occupant or occupants of the property so obstructing or en-
croaching to remove the same; authorize encroachments upon
streets, alleys, sidewalks or other public places, subject to such
terms and conditions as the council may prescribe, and recover
possession of any street, alley, sidewalk or other public place or
any other property of the town by suit or action.

2.423. To regulate, in the interest of public health, the pro-
duction, preparation, distribution, and sale of milk, other beverages
and foods for human consumption, and the places in which they
are produced, prepared, distributed, sold, served or stored; regu-
late the construction, installation, maintenance and condition of
all water and sewer pipes, connections, toilets, water closets and
plumbing fixtures of all kinds; regulate the construction and use
of septic tanks and dry closets, and the sanitation of swimming
pools; compel the use of sewers, the connection of abutting prem-
ises therewith, and the installation in such premises of suitable
sanitary facilities; regulate or prohibit connections to and use of
sewers; to prevent the connecting of roof drains and storm sewers
to the sanitary sewer system; to regulate or prohibit the use of
garbage disposal units connected to the sanitary sewer system; and
make and enforce all regulations necessary to preserve and pro-
mote public health and sanitation and protect the inhabitants of
the town from contagious, infectious or other diseases.

2.424. To regulate the light, ventilation, sanitation and use
and occupancy of buildings heretofore or hereafter constructed,
altered, remodeled or improved, and the sanitation of the premises
surrounding the same.

2.425. To enjoin and restrain the violation of any town ordi-
nance or ordinances, although a penalty is provided for conviction
of such violation.

2.426. To prescribe penalties for the violation of any town
ordinance, rule, or regulation, not exceeding five hundred dollars
or twelve months’ imprisonment in jail, or both, but not exceeding
any penalty established by the Commonwealth for a similar offense.

2.427. To make and adopt a comprehensive plan for the town,
and to that end all plats and re-plats hereafter made subdividing
any land within the town or within two miles thereof, into streets,
alleys, roads, and lots or tracts shall be submitted to and approved
by the council or such official or board, including the Abingdon
Planning Commission, as the council designates in any regulations
controlling the orderly subdivision of land it may adopt before
such plats or re-plats are filed for record or recorded in the office
of the clerk of Washington County, Virginia.

2.428. To do all things whatsoever necessary or expedient and
lawful to be done for promoting or maintaining the general wel-
fare, comfort, education, morals, peace, government, health, trade,
commerce, or industries of the town, or its inhabitants.

ArticLe III—Tur Council.

§ 3.1. Creation and Composition.—The Government of the
Town of Abingdon shall be vested in one body to be known as the
Council of the Town of Abingdon, which body shall consist of five
members elected at large, all of whom shall be residents and quali-
fied voters of the town.

§ 3.2. Nominations and Elections.—The council shall be
elected, in the manner provided by law, as follows: At the regular
municipal election to be held on the second Tuesday in June,
nineteen hundred fifty, five members shall be elected. The
three members, each of whom has received more votes in said
election than either of the other two members shall serve as
members of the council for terms of four years each. The re-
maining two members shall serve for terms of two years each. At
the regular municipal election to be held on the second Tuesday in
June nineteen hundred fifty two, and each four years thereafter,
two councilmen shall be elected each for a term of four years be-
ginning on the first day of September next following their election.
At the regular municipal election to be held on the second Tuesday
in June nineteen hundred fifty four, and every four years there-
after, three councilmen shall be elected each for a term of four
years beginning on the first day of September next following their
election. Each councilman elected as hereinabove provided shall
serve for the term stated or until his successor shall have been
elected and qualified. The council shall be a continuing body, and
no measure pending before such body shall abate or be discontinued
by reason of expiration of the term of office or removal of any of
its members.

§ 3.3. Vacancies.—Vacancies in the council shall be filled
within thirty days, for the unexpired term, by a majority vote of
the remaining members, provided that if the term of office to be filled
does not expire for two years or more after the next regular elec-
tion for councilmen following such vacancy and such vacancy occurs
in time to permit it, then the council shall fill such vacancy only
for the period remaining until such election, and a qualified person
shall then be elected by the qualified voters and shall from and
after the date of his election and qualification succeed such ap-
pointee and serve the unexpired term. The number of candidates
equal to the number of vacancies to be filled for full terms receiving
the highest number of votes shall be entitled to such full terms and
the candidate receiving the next highest number of votes shall be
entitled to the unexpired term caused by such vacancy.

§ 3.4. Powers.—All powers of the town and the determination
of all matters of policy shall be vested in the council. Except as
otherwise provided in this charter, the council is empowered to :—

3.401. Appoint and remove the town manager, the town clerk,
the town attorney, the police justice, issuing justices, and officers
of the volunteer fire department.

3.402. Adopt the budget of the town.

3.403. Inquire into the conduct of any office, department or
agency of the town and make investigations as to municipal affairs.

3.404. Appoint the trustees of the Central School Board and
fill any vacancies thereon.

3.405. Appoint the members of the planning commission, the
board of zoning appeals, and the recreation commission, and fill
any vacancies thereon.

3.406. Create a housing authority.

3.407. Adopt and modify the official map of the town.

3.408. Pass all laws and ordinances relating to its municipal
affairs, subject to the Constitution and general laws of the Com-
monwealth and of this charter and may from time to time amend,
re-amend, or repeal any or all of its ordinances for the proper regu-
lation, management, and government of the town and impose fines
and penalties for the violation or nonobservance thereof.

3.409. To compel the attendance of its members and to punish
its members for disorderly behavior and by a vote of two-thirds of
the whole council, expel a member.

3.410. To be the judge of the election and qualifications and
returns of its members and for such purpose shall have power to
subpoena witnesses and require the production of records.

3.411. To require and secure such bonds for any of the town
employees as it may deem necessary.

3.412. To keep a journal of its proceedings, which journal
shall be open to public inspection.

3.413. To fix the salaries and wages of all officers and em-
ployees of the town as herein otherwise specifically provided.

§ 3.5. Mayor.—On the first day of September nineteen hun-
dred and fifty and on the first day of September of every second
year thereafter, or if such day shall fall on Sunday then on the
following Monday, the council shall choose by a majority vote of
all the members thereof one of their number to be mayor and one
to be vice-mayor for the ensuing two years. The mayor shall pre-
side over the meetings of the council, have the same right to speak
therein as other members and shall have a vote but no veto. He
shall be recognized as the head of the town government for all cere-
monial purposes, the purposes of military law, and the service of
civil process. The vice-mayor shall in the absence or disability of
the mayor perform the duties of mayor, and if a vacancy shall occur
in the office of mayor, shall become mayor for the unexpired portion
of the term. In the absence or disability of both the mayor and
vice-mayor the council shall, by majority vote of those present choose
one of their number to perform the duties of mayor.

§ 3.6. Compensation of Council Members.—The salaries of the
mayor and councilmen shall be fixed by a commission appointed by
the Circuit Court of Washington County according to the procedure
in § 15-448 et seq., Code of 1950.

§ 3.7. Rules of Procedure.—The council is empowered, subject
to the provisions of this charter, to adopt its own rules of pro-
cedure. Such rules shall provide for the time and place of holding
regular meetings of the council which shall not be less frequently
than once each month. They shall also provide for the calling of
special meetings by the mayor, or any three members of the council
and shall prescribe the method of giving notice thereof, provided
that the notice of each special meeting shall contain a statement of
the specific item or items of business to be transacted and no other
business shall be transacted at such meeting except by the unani-
mous consent of all the members of the council. The meetings of
the council shall be open to the public, except when the public
welfare, in the opinion of three-fourths of the council, requires
secrecy. A majority of the council shall constitute a quorum for
the transaction of business.

§ 3.8. Ordinances.—Except in dealing with questions of parli-
amentary procedure the council shall act only by ordinance or reso-
lution, and all ordinances except ordinances making appropriations,
or authorizing the contracting of indebtedness or issuance of bonds
or other evidences of debt, shall be confined to one subject, which
shall be clearly expressed in the title. Ordinances making appro-
priations or other obligations and appropriating the money to be
raised thereby shall be confined to those subjects respectively.

3.81. The enacting clause of all ordinances passed by the coun-
cil shall be “Be it ordained by the council of the Town of Abingdon.”
No ordinance, unless it be an emergency measure, shall be passed
until it has been read at two regular meetings not less than seven
days apart, unless the requirement of such reading has been dis-
pensed with by the affirmative vote of four of the members of the
council. No ordinance or section thereof shall be revised or amended
by its title or section number only, but the new ordinance shall
contain the entire ordinance, or section as revised or amended. The
ayes and nays shall be taken upon the passage of all ordinances or
resolutions and entered upon the journal of the proceedings of the
council and every ordinance or resolution shall require, on final
passage, the affirmative vote of at least three of the members.
3.82. All ordinances and resolutions passed by the council
shall be in effect from and after thirty days from the date of their
passage, except that the council may, by the affirmative vote of
two-thirds of its members present, pass emergency measures to take
effect at the time indicated therein. Ordinances appropriating
money for any emergency may be passed as emergency measures,
but no measure providing for the sale or lease of town property, or
making a grant, renewal, or extension of a franchise or other special
privilege, or regulating the rate to be charged for its service by any
public utility, shall be so passed.

3.83. Every ordinance or resolution upon its final passage
shall be recorded in a book kept for the purpose, and shall be au-
thenticated by the signature of the presiding officer and the town
clerk.

3.84. Every member, when present, when a question is put,
shall vote unless excused by the council. But no member who has
any personal or financial interest in the result of any ordinance or
resolution before the council shall vote thereon.

§ 3.9. Appointees.—At the first meeting in September follow-
ing each councilmanic election, or as soon thereafter as practicable
the council shall appoint :—

3.91. A Town Manager who shall be the administrative and
executive head of the municipal government. He shall be chosen
by the council without regard to political beliefs and solely upon
the basis of his executive and administrative qualifications. At the
time of his appointment he need not be a resident of the town or
the Commonwealth but during his tenure of office shall reside with-
in the town. He shall be appointed for an indefinite period and
shall hold office during the pleasure of the council. He shall re-
ceive such compensation as shall be provided by the council by
ordinance or resolution. He may be bonded as the council may
deem necessary. During the absence or disability of the town
Manager or in case of a vacancy, the council may designate some
properly qualified person to perform the duties of the office during
such absence, disability, or vacancy. No councilman shall receive
such appointment during the term for which he shall have been
elected, nor within one year after the expiration of his term.
Neither the council nor any of the members shall direct or request
the appointment, as hereinafter provided, of any person to office
by the town manager or by any of his subordinates. Except for
the purpose of inquiry, the council and its members shall deal with
the administrative service solely through the town manager and
neither the council nor any member thereof shall give orders to any
subordinates of the town manager, either publicly or privately.
The town manager shall have the authority and it shall be his

duty :
3.911. To see that all laws, ordinances, resolutions, and by:
laws of the council are faithfully enforced.

3.912. To appoint such officers and employees, as the council
shall determine and authorize as are necessary for the proper ad-
ministration of the affairs of the town with the power to discipline
and remove any such officer or employee, but he shall report each
appointment of any officer having supervisory or administrative
authority to the council for confirmation at the next meeting thereof
following any such appointment. The chief of police 80 appointed
by the town manager and confirmed by the council shall have the
power to discipline his subordinates and with the approval of the
town manager to discharge any subordinate for just cause. Any
officer or employee so removed shall have the right of appeal to
the council within thirty days after his removal and after notice
to the town manager. The action of the council on such appeal
shall be final.

3.913. To attend all meetings of the council, with the right to
take part in the discussion, but having no vote.

3.914. To recommend to the council for adoption such meas-
ures as he may deem necessary or expedient.

3.915. To make reports to the council from time to time upon
the affairs of the town and to keep the council fully advised of the
town’s financial condition and its future financial needs.

3.916. To prepare and submit to the council a tentative budget
for the next fiscal year as provided by general law and by this
charter.

3.917. To make all contracts on behalf of the town pursuant
to a resolution or an ordinance of the council and to act as town
purchasing agent.

3.918. To supervise and control all encumbrances, expendi-
tures and disbursements to insure that budget appropriations are
not exceeded and to appoint, or upon resolution of the council to
act as, the town treasurer with the following duties :—

3.9181. To be the collector and custodian of all funds belong-
ing to the town and the school board and to deposit such funds in
such depositories as may be designated by the council and the
school board respectively.

3.9182. To have custody of all investments and invested funds
of the town in a fiduciary capacity.

3.9183. To disburse by check all monies payable by the town
or the school board. If the treasurer be a person other than the
town manager, all checks shall be countersigned by the town man-
ager.

3.9184. To protect the interests of the town by withholding
the payment of any claim or demand by any person, firm, or corpo-
ration against the town until any indebtedness or other liability
due from such person, firm, or corporation shall first have been
settled and adjusted.

3.919. To perform such other duties as may be prescribed or
requested by council.

3.92. A Town Clerk, who also may be the town manager, for
an indefinite term. He shall receive such compensation as shall be
provided by the council by ordinance or resolution. He shall have
the following duties:

3.921. To be the custodian of the corporate seal.

3.922. To give notice of council meetings.

3.923. To keep a journal of council proceedings.

3.924. To authenticate by his signature and record in full in
a book kept for the purpose all ordinances and resolutions.

3.925. To serve as the commissioner of the revenue for the
town; prepare the land and property books and extend assess-
ments; and assess all license taxes required by ordinances.

3.926. To prepare all statements for monies owed the town
for supplies or services rendered.

3.927. To perform such other duties as may be prescribed or
requested by council.

3.93. A Town Attorney, for an indefinite term, who shall be
an attorney at law licensed to practice under the laws of the
Commonwealth and shall have actively practiced his profession
therein for at least five years immediately preceding his appoint-
ment and shall be a resident of the town. He shall receive such
compensation and fees as shall be provided by the council by ordi-
nance or resolution. He shall have the following powers and duties:

3.931. To be the legal advisor of the council, the town manager
and of all departments, boards, commissions and agencies of the
town, including the school board, in all matters affecting the in-
terests of the town and shall upon request furnish a written opin-
ion on any question of law involving their respective official powers
and duties.

3.932. To prepare, at the request of the town manager or any
member of the council, ordinances for introduction and, at the
request of the council or any member thereof, shall examine any
ordinance after introduction and render his opinion as to the form
and legality thereof. |

3.9383. To draw or approve all bonds, deeds, leases, contracts
or other instruments to which the town is a party or in which it
has an interest.

3.934. To represent the town as counsel in any civil case in
which it is interested and in any criminal case when so requested
by the town council.

3.94. A Police Justice, as provided in Article VI.

3.95. Issuing Justices, as provided in Article VI.
3.96. Fire Department Officers, as provided in Section 27-13
Code of 1950.

ARTICLE 1V—FINANCIAL ADMINISTRATION

§ 4.1. Budgets and Appropriations:

4.11. The fiscal year of the town shall begin on the first day
of July and end on the thirtieth day of June of the succeeding year.

4.12. Between the first and thirtieth day of April, the town
manager shall submit to the council separate current expense
budgets for the general operation of the town government, herein-
after referred to as the general fund budget, and for each utility
operated by the town and a capital budget.

4.13. The general fund and/or utility budgets shall contain:

4.131. An itemized statement of the appropriations recom-
mended with comparative statements in parallel columns showing
appropriations made for the current and next preceding year.

4.132. An itemized statement of the taxes and/or utility serv-
ice charges required and of the estimated revenues of the town
and/or utilities from all other sources for the ensuing year, with
comparative statements in parallel columns of the taxes and other
sources of revenue for the current and next preceding year and of
the increases or decreases estimated or proposed.

4.133. A statement of the financial condition of the town
and /or utilities. |

4.134. A budget message relative to the condition, reasons, etc.,
connected with the estimates for the ensuing year together with a
work program showing the undertakings to be begun and those
to be completed during the next year.

4.135. Such other information as may be requested by council.

4.14. At the same time that the town manager shall submit
a general fund and/or utility budget he shall introduce appropria-
tion ordinances listing the appropriation for each department,
utility, branch, board or commission which ordinances shall also
fix the tax rate on real and personal property; on bank stock for
the ensuing fiscal year; and service charges on utilities. Said
budgets shall act as the supporting schedules for the appropriation
ordinances.

4.15. A public hearing on the budget plan as a whole shall be
held by the council within thirty days after its submission to the
council but not until a resume of the proposed budgets and notice
of such hearing shall have been published at least one time in a
newspaper of general circulation within the town at least ten days
prior to such hearing. After the conclusion of the public hearing
the council may insert new items of expenditure or may increase,
decrease, or strike out any item of expenditure in the budgets
except that for debt service.
4.16. Within forty days, but in no event later than the thirty-
first day of May, the council shall approve, upon the affirmative vote
of a majority of the membership of the council, a general fund
and/or utility budget and adopt appropriation ordinances. If for
any reason the council fails to approve the budgets on or before
such date, then the budgets as submitted by the town manager
shall be the budgets for the ensuing year and the appropriation
ordinances recommended by the town manager shall have the same
force and effect as if the same had been adopted by the council.

4.17. The council may, after referring to the town manager
for a recommendation, make additional appropriations during the
fiscal year upon the affirmative vote of two-thirds of the member-
ship of the council.

4.18. Any portion of an annual appropriation, except for
capital expenditures, remaining unexpended and unencumbered at
the close of the fiscal year, shall lapse.

4.19. The capital budget shall contain a program previously
acted upon by the town planning commission, as provided in Sec-
tion 7.135 of this charter, of proposed capital improvement projects,
for the ensuing fiscal year and for the four fiscal years thereafter,
with his recommendations as to the means of financing the improve-
ments proposed for the ensuing fiscal year. The council shall have
power to accept with or without amendments or reject the proposed
program and proposed means of financing for the ensuing fiscal
year but, except in the case of emergency as provided in Section
3.82 of this charter, the council shall not authorize any capital
improvement project or make any appropriation therefor unless the
appropriation for such project is included in the capital budget as
adopted by it. The council shall take final action on the capital
budget not later than the twenty-eighth day after the date pre-
scribed for the adoption of the general fund budget. No appropria-
tion for a capital improvement project contained in the capital
budget shall lapse until the purpose for which the appropriation
was made shall have been accomplished or abandoned, provided that
any project shall be deemed to have been abandoned if three fiscal
years elapse without any expenditure from or encumbrance of the
appropriation therefor. Any such lapsed appropriation shall be
applied to the payment of any indebtedness incurred in financing
the project concerned and the next capital budget. Nothing herein
contained shall be construed to limit the power of the town council
to originate or initiate capital improvements.

§ 4.2. Bids and Purchases. At least two bids shall be secured
on all purchases involving more than $500.00 and shall be approved
by council. On purchases of less than $500.00, for which an appro-
priation has been made, the town manager may authorize the
expenditure without reference to council.
§ 4.3. Independent Audit. Prior to the end of each fiscal year
the council shall designate qualified certified public accountants
or the Auditor of Public Accounts of the Commonwealth of Virginia,
who, as of the end of the fiscal year, shall make an independent
audit of accounts and other evidence of financial transactions of
the town government and shall mail a copy of their report to each
member of the town council and to the town manager. The auditors
shall post-audit the books and documents kept by the treasurer and
any separate or subordinate accounts kept by any other office,
department or agency of the town government.

§ 4.4. Liens. A lien shall exist on all real estate within the
corporate limits for taxes, levies, and assessments in favor of the
town, together with all penalties and interest at the rate of six
per centum due thereon from the commencement of the year for
which the same were assessed and the procedure for collecting said
taxes, for selling real estate for town taxes and for the redemption
of real estate sold for town taxes shall be the same as provided
in the general law for the State to the same extent as if the pro-
visions of said general law were herein set out at length. The said
town and its treasurer shall have the benefit of all other and
additional remedies for the collection of town taxes which are now
or hereafter may be granted or permitted under the general law.
All goods and chattels wheresoever found may be distrained and
sold for taxes and licenses assessed and due thereon; and no deed
of trust or mortgage upon goods and chattels shall prevent the
same from being distrained and sold for taxes and licenses assessed
against the grantor in such deed while such goods and chattels
remain in the grantor’s possession.

ARTICLE V—SCHOOLS

§ 5.1. Creation of Separate District. The territory embraced
within the corporate limits of the Town of Abingdon as herein-
above described or as may be extended or contracted in the future,
shall constitute a separate district and unit for school purposes
and government. Said district shall be known as the Central School
District of Washington County, Virginia, and shall be a separate
and distinct unit within itself, in so far as the Constitution of the
Commonwealth of Virginia will permit.

§ 5.2. Appointment of Trustees. The school district shall
have a board of three trustees, to be appointed by the town council
from the residents and qualified voters, male or female, of the town.
If an appointee or a member shall cease to be a resident of the
town his office shall be deemed vacant. No later than the fourth
Monday in June of each year the council shall elect one trustee
for a term of three years from the first day of July following his
election. Vacancies for whatever cause arising shall be filled by
the council for the unexpired portion of the term. No trustee shall
be eligible to succeed himself for more than one term. The trustees
now in office shall hold office until the expiration of their respective
terms.

§ 5.38. School Board a Corporation. The trustees of the dis-
trict shall be a body corporate under the name and style of “The
Central School Board of the Town of Abingdon” by which name it
may sue and be sued, contract, and be contracted with, and pur-
chase, take, hold, lease, and convey school property, both real and
personal. The title to all school property, both real and personal,
within the town shall vest in the board, except by mutual consent
of the council and the school board the title to property may vest
in the town. ,

§ 5.4. Supervision by Division Superintendent. The school
district shall be under the supervision of the superintendent of
schools of Washington County, Virginia.

§ 5.5. School Board Rules of Procedure.—The school board
shall meet annually in July at which time the board shall fix the
time for holding regular meetings for the ensuing year, and may
adjourn from day to day, or time to time, before the time fixed
for the next regular meeting, until the business before it is com-
pleted. It may also hold special meetings when necessary, at such
time and places as they may find convenient, and shall have the
power to adjourn from time to time, as they may deem necessary ;
and at any meeting a majority of the school board shall constitute
a quorum. Special meetings of the school board shall be held when
called by the chairman or requested by two members thereof. The
school board shall fix its own procedure for calling and holding
of any special meeting. .Complete and accurate minutes of all
meetings shall be kept and signed by the chairman and clerk. The
business relating to school matters shall be transacted by the
school board at its meetings held as provided by law. At the first
annual meeting of the school board as hereinbefore provided for,
it shall elect one of its members chairman and elect or appoint a
competent person as clerk of the school board, and shall fix his
compensation. The chairman and clerk shall be selected annually.
The board may in its discretion also select a vice chairman and a
deputy clerk, who shall be empowered to act in all matters in case
of the absence or inability to act of the chairman or clerk, respec-
tively or otherwise as provided by resolution of the board. The
division superintendent shall be present at all meetings of the
school board, except on affirmative vote of a majority of the mem-
bers of the board, his attendance may be dispensed with, except
when matters pertaining to the division superintendent personally
are under discussion, at which time he shall remain subject to the
call of the board. All meetings of the board shall be public meet-
ings except when the public welfare, in the unanimous opinion of
the board, require secrecy. The board shall require the clerk and
his deputy, either of whom may be members of the board, to fur-
nish the town a corporate surety bond conditioned upon the faith-
ful performance and discharge of the duties herein assigned to
each such official. The board shall fix the amount of such bond or
bonds and the premium therefor shall be paid out of the school
funds of the town. Board members shall be entitled to receive
such compensation as shall be fixed by the council.

§ 5.6. Powers and Duties. The Central School Board shall
establish and maintain in the Town of Abingdon a general system
of public free schools in accordance with the requirements of the
Constitution and the general educational policy of the Common-
wealth for the accomplishment of which purpose it shall have the
following powers and duties:

5.601. To explain, enforce, and observe the school laws, and
to make rules for the government of the schools, and for regula-
ing the conduct of pupils going to and returning therefrom.

5.602. To determine the studies to be pursued, the methods of
teaching, the government to be employed in the schools, and the
length of the school term.

5.603. To employ teachers on recommendation of the division
superintendent and to dismiss them when delinquent, inefficient or
in anywise unworthy of the position; provided, that the school
board shall not employ or pay any teacher from the public school
funds unless the teacher shall hold a certificate in full force, ac-
cording to the provisions of § 22-204 Code of 1950; and pro-
vided, further, that it shall not be lawful for the school board
to employ or pay any teacher or other school employee from the
public funds if said teacher or other employee is the father,
mother, brother, sister, wife, son, daughter, son-in-law, daughter-
in-law, sister-in-law, or brother-in-law of the superintendent or of
any member of the board; provided, however, that this provision
shall not apply to any such relative employed by any school board
at any time prior to the effective date of this charter and provided,
further, that this provision shall not apply to any person within
such relationship or relationships who has been regularly employed
by any school board prior to the taking of office of any member
of such board or division superintendent of schools; if the school
board violates these provisions, the individual members thereof
shall be personally liable to refund to the town treasury any
amounts paid in violation of this law, and such funds shall be
recovered from members by action or suit in the name of the Com-
monwealth on the relation of the Town of Abingdon; such funds
when recovered shall be paid into the town treasury for the use
of the public schools.

5.604. To suspend or expel pupils when the prosperity and
efficiency of the school make it necessary.
5.605. To decide what children, wishing to enter the schools
of the town, are entitled by reason of the poverty of their parents
or guardians to receive textbooks free of charge, and to provide
for supplying them accordingly.

5.606. To establish high schools and such other schools as
may, in its judgment, be necessary to the completeness and ef-
ficiency of the schoo] system.

5.607. To see that the census of children required by § 22-223
Code of 1950 is taken within the proper time and in the proper
manner.

5.608. To hold regular meetings and to prescribe when and
how special meetings may be called.

5.609. To call meetings of the people of the town for consul-
tation in regard to the school interests thereof, at which meetings
the chairman or some other member of the board shall preside if
present.

5.610. To provide suitable schoolhouses, with proper furniture
and appliances, and to care for, manage, and control the school
property of the town. For these purposes, it may lease, purchase,
or build such houses according to the exigencies of the town and
the means at its disposal. No schoolhouse shall be contracted for
or erected until the plans therefor shal] have been submitted to and
approved in writing by the division superintendent of schools, and
no public school shall be allowed in any building which is not in
such condition and provided with such conveniences as are re-
quired by a due regard to decency and health; and when a school-
house appears to the division superintendent of schools to be unfit
for occupancy, it shall be his duty to condemn the same, and im-
mediately to give notice thereof, in writing, to the chairman of the
school board, and thenceforth no public school shall be held therein,
nor shall any part of the State or town fund be applied to support
any school in such house until the division superintendent shall
certify, in writing, to the town school board that he is satisfied
with the condition of such building, and with the appliances per-
taining thereto.

5.611. To visit the public free schools within the town, from
time to time, and to take care that they are conducted according
to law, and with the utmost efficiency.

5.612. To manage and control the school funds of the town,
to provide for the pay of teachers and of the clerk of the board,
for the cost of providing the school houses and the appurtenances
thereto and the repairs thereof, for school furniture and appli-
ances, for necessary textbooks for indigent children attending the
public free schools, and for any other expenses attending the ad-
ministration of the public free school system, so far as the same
is under the control or at the charge of the school officers.
5.613. To examine all claims against the school board, and
when approved, to order or authorize the payment thereof. A
record of such approval, order or authorization shall be made in
the proceedings of the board. Payment of each claim shall be
ordered or authorized by a warrant drawn on the treasurer or
other officer of the town charged by law with the responsibility
for the receipt, custody and disbursement of the funds of the
town. The warrant shall be signed by the chairman or vice-chair-
man Of the board and countersigned by the clerk or deputy clerk
thereof, payable to the person or persons, firm or corporation en-
titled to receive such payment. There shall be stated on the face
of the warrant the purpose or service for which such payment is
drawn and also that such warrant is drawn pursuant to an order
entered or authority granted by the board on the ...... day of
wee eeee The warrant may be converted into a negotiable check
when the name of the bank upon which the funds stated in the
warrant are drawn or by which the check is to be paid is desig-
nated upon its face and is signed by the treasurer, or other officer
of the town charged by law with the responsibility for the receipt,
custody and disbursement of the funds of the town.

5.614. To submit its budget estimates to the town manager
for transmittal to the council no later than the tenth day of March
of each year in the form prescribed by the State Board of Educa-
tion. The action of the council and the town manager on the
school budget shall relate to its total only and the school board
shall have authority to expend in its discretion the sums appro-
priated for its use, provided that if it receives an appropriation
greater or less than its original request it shall forthwith revise
its estimates of expenditure and adopt appropriations in accord-
ance therewith. The school board shall, before the beginning of
the fiscal year, file with the town treasurer its budget as finally re-
vised and its appropriations based thereon. The school board shall
have the power to order, during the course of the fiscal year, trans-
fers from one item of appropriation to another, notice of which
shall be transmitted immediately to the town treasurer.

5.615. To appoint one of its members to represent the Central
School District on the Washington County School Board.

5.616. To perform such other duties as shall be prescribed by
the State Board of Education or are imposed by general law.

§ 5.7. Payment of School Funds.—For the benefit of the Cen-
tral School District the county school board shall require the
county treasurer to pay over to the town treasurer, if and when
properly bonded, the following funds to be used for school purposes
with the Central School District :—

5.701. From the amount derived from the county levy and/or
appropriations for school purposes, a sum equal to the pro rata
amount from such levy or appropriations derived from the town of
Abingdon.

5.702. The amount due from State school funds received by
the county for general school purposes, to be determined as between
the county and the town on the same basis of distribution used by
the State in making the distribution of such school funds to the
counties and cities.

5.703. The amounts due from the county to the Central School
District from special State school funds to be determined in accord-
ance with the purposes for which the allocations are made.

§ 5.8. Procedure for Abolishing Special District.—Subject to
the provisions of subsection 5.82 the Central School District of
Washington County may be abolished, and the territory embraced
within the corporate limits of the Town of Abingdon shall then
constitute a part of the Abingdon School District which embraces
the Abingdon Magisterial District and the term of office of the
members of the Board of Trustees of the Central School District
will be terminated as of the date on which the abolition of said
school district becomes effective as hereinafter provided.

5.81. Prior to the abolition of Central School District as pro-
vided herein the Board of Trustees of the district and the town
council of the town of Abingdon shall provide for the disposition
of the real and personal property, if any, of the Central School Dis-
trict and the Board of Trustees of such District, and for the pay-
ment of any outstanding obligations of the district and of the
Board of Trustees thereof. The authority and power necessary and
proper to accomplish this purpose is hereby conferred and granted.

5.82. The foregoing provisions of this act shall not become
effective unless and until (a) the School Board of Central School
District and (b) the Town Council of the town of Abingdon shall
have approved the abolition of said district in the manner herein-
after set out. If the School Board of the Central School District
deem it advisable and expedient to abolish the district, it shall so
declare by a resolution setting forth the reasons for desiring to
abolish the same, which resolution shall be duly recorded in the
minutes of the meeting of the Board, and the Central School Board
shall certify a copy of the resolution to the Town Council of the
town of Abingdon. Before acting on the resolution of the Board,
the Town Council of Abingdon shall first publish the same once a
week for four successive weeks in some newspaper of general circu-
lation in the town of Abingdon, together with a notice of a special
meeting of the Town Council of the town of Abingdon to consider
the abolition of the Central School District, which notice shall set
forth the time and place the council will consider the question of
the abolition of the district, and shall state that at such meeting
any citizen may appear and state his views. If at such meeting, or
at any adjournment thereof, at least four-fifths of the members of
the Council in office are in favor of abolishing the Central School
District a resolution to that effect shall be prepared and adopted
by a four-fifths vote as herein provided, and the resolution shall be
duly recorded in the minutes of the meeting, which resolution shall
state the day and hour on which the district shall be abolished. On
the day so fixed by the Council the special school district shall be
abolished, and the provisions of § 5.8 of this act shall be and there-
after remain in full force and effect.

5.83. The repealing provisions of this act shall in no way affect
the right of the town of Abingdon to have representation on the
County School Board of Washington County; and in event the
Central School District is abolished as herein provided for the pur-
pose of being operated as a separate school district under the town
school board of three members, that thereupon the territory em-
braced within the then present corporate limits of Abingdon is
hereby constituted a special school district for the purpose of repre-
sentation on the County School Board of Washington County. The
Town Council shall then appoint a resident of the town of Abingdon,
Virginia, as a trustee of the special district, which trustee shall be
a member of the County School Board and entitled to serve as such.
The term of office of the trustee shall be for a term of two years,
and the trustee shall hold office thereafter until his successor is
appointed and qualified.

5.84. If and when the abolition of said district is effected as
hereinabove provided, §§ 5.1, 5.2, 5.8, 5.4, 5.5, 5.6, 5.7, and their
respective subsections of this charter will then become ineffective.

ARTICLE VI—ADMINISTRATION OF JUSTICE

§ 6.1. Police Justice—There is hereby created the office of
police justice for the Town of Abingdon.

6.11. Appointment.—Said police justice shall be appointed by
the council, at its first meeting in September nineteen hundred
fifty and at its first meeting in September every two years there-
after, for a two year term unless sooner removed by the council
upon proven charges preferred for malfeasance or misfeasance,
neglect of duty, or incompetency. Said justice shall remain in
office until his successor is appointed and qualified. Before enter-
ing upon the discharge of duties as police justice, the person so
appointed shall subscribe the oath prescribed for State officers, and
shall give such bond as may be required by council. The mayor,
or any qualified attorney-at-law residing in the town of Abingdon,
or within one mile of the corporate limits thereof may be appointed
as police justice. If the mayor is appointed as police justice he
shall discharge such duties as the police justice of the town under
this charter and not as the mayor of the town, in addition to the
duties of mayor imposed upon him by this charter; and his powers,
duties, authority and jurisdiction as such police justice shall be as
hereinafter provided for the police justice. Should the mayor be
appointed police justice he shall receive the salary of mayor pro-
vided for the discharge of his duties as mayor, in addition to such
salary as may be provided for the police justice.

6.12. Absence or vacancy in office—-During the absence or
disability of the police justice the mayor shall serve in the capacity
of substitute police justice, or if the mayor has been appointed as
police justice, then during his absence or disability, the vice mayor
shall act as substitute police justice, but no additional oath and
no bond shall be required of any such substitute police justice as a
prerequisite to his authority to act. The substitute police justice
shall receive for his services such per diem compensation as may
be prescribed by council.

6.13. Jurisdiction.—The police justice is hereby vested with
original and exclusive jurisdiction in criminal matters involving a
violation of any ordinance of the town of Abingdon, Virginia, which
violation occurs within the corporate limits of said town, or within
one mile thereof. Such police justice shall not exercise the juris-
diction conferred by §§ 63-259 to 63-266 inclusive and 20-61 of the
Code of 1950, and anything in this charter shall not be construed
as giving to such police justice the jurisdiction conferred by the
above sections.

6.14. Appeals and Warrants.—Appeals from the decision of
the police justice shall be as provided in §§ 16-102 to 16-107 in-
clusive Code of 1950 for appeals from civil and police justices
for cities, except that all cases appealed from the police justice
shall be appealed to the circuit court of Washington County,
Virginia. Should a warrant be issued charging a violation of a
town ordinance and it should develop prior to trial, or at any time
during trial, prior to the imposition of sentence, that the alleged
offense involved a felony, then, in lieu of final disposition by the
police justice, the case may be certified by the police justice to the
trial justice of Washington County, Virginia, to be there dealt
with as provided by law, and it may be there tried on the original
warrant, the same as though said warrant had charged the viola-
tion of State law and had been issued by a person authorized to
issue State warrants. In the event a warrant should be issued
charging a violation of a town ordinance, and it should for any
reason appear prior to trial, or at any time during trial, prior
to the imposition of sentence, that the police justice is for any
reason without jurisdiction to try the same, said warrant may be
certified to the proper court for trial where the same may be tried
upon the original warrant. The police justice shall also have juris-
diction to issue original warrants charging violation of town ordi-
nances; to issue subpoenas or to issue and/or try any other pro-
cesses incidental to the jurisdiction herein granted; power to ad-
mit to bail prior to trial in cases involving violation of town ordi-
nances, or to admit to bail subsequent to trial, upon an appeal;
power to take bond as security for the payment of fines and costs;
power to issue search warrants; and shall have the same powers
in matters of contempt as are granted or limited by §§ 16-95 and
14-184 of the Code of 1950, and shall be a conservator of the
peace within the corporate limits of the town of Abingdon and
for one mile beyond the corporate limits thereof.

6.15. Compensation and Clerical Assistant.—A salary to com-
pensate the police justice shall be fixed by the town council. The
council may also appoint such clerk or clerks as may, in their dis-
cretion, be necessary, and require of such clerk or clerks such bond
as it may deem proper, provide just compensation therefor and
provide necessary records.

6.16. Trial Justice—Nothing herein contained shall be con-
strued as affecting the provisions of § 16-129 of the Code of
1950, and in the event a resolution should be passed pursuant
to § 16-129 Code of 1950 and said resolution be subsequently re-
pealed by council, then the provisions of § 16-129.1 shall automatic-
ally become operative.

6.17. Necessity of Warrant.—Nothing contained in this char-
ter relating to the issuance of warrants shall be construed as affect-
ing or altering the provisions of § 16-5 Code of 1950.

§ 6.2. Issuing Justice.—There is hereby created the office of
Issuing Justice for the Town of Abingdon.

6.21. Appointment.—The council shall appoint at its first
meeting in September nineteen hundred fifty and its first meeting
in September every two years thereafter, for a two year term un-
less sooner removed by the council upon proven charge preferred
for malfeasance or misfeasance, neglect of duty, or incompetency,
at least one and not more than three issuing justices who are quali-
fied voters within the town and who already may be employees of
any department of the town.

6.22. Jurisdiction—The issuing justices so appointed shall
have power to issue warrants for violation of town ordinances; the
power to issue subpoenas or other processes the same as could be
issued by the police justice and the power to admit to bail in any
case where the police justice could admit to bail, but any warrant,
summons or process issued by such issuing justices shall be return-
able before the police justice for action thereon.

6.23. Compensation.—Compensation shall be paid to any such
issuing justices by the town as provided by the council. All costs
collected shall be paid into the town treasury.

§ 6.3. Fines and Costs.

6.31. Amounts Assessable.—The police justice shall assess
such fines and impose such punishment for violation of any ordi-
nance as may be prescribed by the council, and shall assess as cost
against the violator of any ordinance such fees and cost as may be
prescribed by the council, provided such fees and cost shall not ex-
ceed the amount assessable under the general laws of the State
for similar service incident to the trial of criminal cases.

6.32. How fines and cost paid.—All costs collected by the
police justice and all fines 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.

ARTICLE VII—-PLANNING, ZONING, AND SUBDIVISION CONTROL

§ 7.1. Power to Adopt a Master Plan. In addition to the
powers granted elsewhere in this charter the council shall have the
power to adopt by ordinance a master plan for the physical develop-
ment of the town to promote health, safety, morals, comfort, pros-
perity, and the general welfare. The master plan may include but
shall not be limited to the following:

7.101. The general location, character and extent of all streets,
highways, avenues, boulevards, roads, Janes, alleys, walks, parks,
squares, playfields, playgrounds, recreational facilities, stadia,
swimming pools, airports and other public places or ways, change
of use or extension thereof.

7.102. The general location, character and extent of all public
buildings, schools and other public property and of utilities whether
publicly or privately owned, off-street parking facilities, and the
removal, relocation, vacating, abandonment, change of use, altera-
tion or extension thereof.

7.103. A comprehensive zoning plan for the control of the
height, area, bulk, location and use of buildings and premises.

§ 7.11. Town Planning Commission. There shall be a town
planning commission consisting of seven members, appointed by the
council. One member shall be a member of the council appointed
for a term concurrent with his term in the council.’ One member
Shall be the town manager appointed for a term concurrent with his
term in such capacity. There shall be five citizen members, who
shall be qualified voters of the town appointed for a term of six
years, one of whom may be a member of the Board of Zoning
Appeals and who shall hold office for a term concurrent with his
term on said board. Citizen members appointed previous to the
effective date of this charter shall continue to serve as members
of the commission until the expiration of the terms for which they
were appointed. Vacancies on the commission shall be filled by
the council. Members of the town planning commission shall serve
as such without compensation.

§ 7.12. Organization and Expenditures of Planning Commis-
sion. The commission shall elect a chairman and vice-chairman
from among the citizen members appointed by the council, for a
term of one year, who shall be eligible for re-election, and appoint
a secretary. The commission shall hold at least one regular meeting
in each month, shall adopt rules for the transaction of its business,
and shall keep a record of its resolutions, transactions, findings and
determinations, which record shall be a public record. Four mem-
bers shall constitute a quorum. The commission shall appoint such
employees as it may deem necessary for its work and may contract
with city planners, engineers, architects and other consultants for
services it may require. All expenditures shall not exceed the sums
appropriated by the council therefor.

§ 7.13. Powers and duties of the Planning Commission.—The
Town Planning Commission shall have the following powers and
duties:

7.1381. To make and adopt a master plan which with accom-
panying maps, plats, charts and descriptive matter shall show the
commission’s recommendations for the development of the territory
covered by the plan. In the preparation of such plan the commis-
sion shall make careful and comprehensive surveys and studies of
existing conditions and future growth. The plan shall be made
with the general purpose of guiding and accomplishing a coordi-
nated, adjusted and harmonious development of the town and its
environs which will in accordance with existing and future needs
best promote health, safety, morals, comfort, prosperity and general
welfare, as well as efficiency and economy in the process of develop-
ment.

7.132. To act as a zoning commission as provided in Section
7.221.

7.133. To promote public interest in and an understanding of
the master plan and to that end may publish and distribute copies
of the plan or of any report and may employ such other means of
publicity and education as it may determine.

7.134. To authorize members of the commission to attend
planning conferences or meetings of planning institutes or to attend
hearings upon pending planning legislation or to visit other com-
munities and the commission may by resolution, pay the reasonable
traveling expenses incident to such attendance or visit from funds
appropriated for the use of the commission.

7.135. To prepare and revise annually a program of capital
improvement projects for the ensuing five years and submit the same
annually to the town manager, at such time as he shall direct,
together with its recommendations, and estimates of cost of such
projects and the means of financing them, to be undertaken in the
ensuing fiscal year and in the next four years, as the basis of the
capital budget to be submitted to the council by the town manager.

7.1386. To make an annual report to council concerning its
activities.
7.137. To preserve historical landmarks and to control the
design and location of statuary and other works of art which are
or may become the property of the town, and the removal, reloca-
tion and alteration of any such work; and to consider and suggest
the design of bridges, viaducts, airports, stadia, arenas, swimming
pools, street fixtures and other public structures and appurtenances.

§ 7.14. Adoption of Master Plan by the Commission. The
commission may adopt the plan as a whole by a single resolution or
may by successive resolutions adopt successive parts of the plan,
said parts corresponding to major geographical sections or geo-
graphical or topographical divisions of the town or with functional
subdivisions of the subject matter of the plan, and may adopt any
amendment or extension thereof or addition thereto. Before the
adoption of the plan or any such part, amendment, extension or
addition, the commission shall hold at least one public hearing
thereon at least fifteen days’ notice of the time and place of which
shall be given by one publication in a newspaper of general circula-
tion in the town. The adoption of the plan or of any such part,
amendment, extension or addition shall be by resolution of the
commission carried by the affirmative vote of not less than a ma-
jority of the entire membership of the commission. The resolution
shall refer expressly to the maps and descriptive matter and other
matter intended by the commission to form the whole or part of
the plan adopted, which resolution shall be signed by the chairman
of the commission and attested by its secretary. An attested copy
of the resolution, accompanied by a copy of so much of the plan in
whole or in part as was adopted thereby, and each amendment,
alteration, extension or addition thereto adopted thereby, shall be
certified to the council, and to the clerk of the circuit court of
Washington County who shall file the same in his office.

§ 7.15. Legal Status of Master Plan. Whenever the commis-
sion shall have adopted a master plan for the town or one or more
parts thereof, geographical, topographical or functional, and the
master plan or such part or parts thereof shall have been approved
by the council and it has been certified and filed as provided in the
preceding section, then and thereafter no street, square, park or
other public way, ground, open space, public building or structure,
shall be constructed or authorized in the town or in the planned
section or division thereof until and unless the general location,
character and extent thereof has been submitted to and approved
by the commission; and no public utility, whether publicly or
privately owned, shall be constructed or authorized in the town or
in the planned section or division thereof until and unless its
general location, but not its character and extent, has been sub-
mitted to and approved by the commission, but such submission and
approval shall not be necessary in the case of pipes or conduits in
any existing street or proposed street, square, park or other public
way, ground or open space, the location of which has been approved
by the commission; and no ordinance giving effect to or amending
the comprehensive zoning plan as provided in Section 7.2 shall
be adopted until it has been submitted to and approved by the
commission. In case of disapproval in any of the instances enum-
erated above the commission shall communicate its reason to the
council which shall have the power to overrule such action by a
recorded vote of not less than two-thirds of its entire membership.
The failure of the commission to act within sixty days from the
date of the official submission to it shall be deemed approval. The
widening, extension, narrowing, enlargement, vacation or change
in the use of streets and other public ways, grounds and places
within the town as well as the acquisition by the town of any land
within or without the town for public purposes or the sale of any
land then held by the town shall be subject to similar approval
and in case the same is disapproved such disapproval may be
similarly overruled. The foregoing provisions of this section shal]
not be deemed to apply to the pavement, repavement, reconstruc-
tion, improvement, drainage or other work in or upon any existing
street or other existing public way.

§ 7.2. Zoning Powers. In addition to the powers granted else-
where in this charter the council shall have the power to adopt by
ordinance a comprehensive zoning plan designed to lessen conges:
tion in streets, secure safety from fire, panic and other danger,
promote health, sanitation and general welfare, provide adequate
light and air, prevent the overcrowding of land, avoid undue con-
centration of population, facilitate public and private transporta-
tion and the supplying of public utility services and sewage dis-
posal, and facilitate provision for schools, parks, playgrounds and
other public improvements and requirements. The comprehensive
zoning plan shall include the division of the town into districts
with such boundaries as the council deems necessary to carry out
the purposes of this charter and shall provide for the regulation
and restriction of the use of land, buildings and structures in the
respective districts and may include but shall not be limited to the
following:

7.201. It may permit specified uses of land, buildings and
structures in the districts and prohibit all other uses.

7.202. It may restrict the height, area and bulk of buildings
and structures in the districts.

7.203. It may establish setback building lines and prescribe
the area of land that may be used as front, rear and side yards
and courts and open spaces.

7.204. It may restrict the portion of the area of lots that may
be occupied by buildings and structures.

7.205. It may prescribe the area of lots and the space in
buildings that may be occupied by families.
7.206. It may require that spaces and facilities deemed ade-
quate by the council shall be provided on lots for parking of ve-
hicles in conjunction with permitted uses of land and that spaces
and facilities deemed adequate by the council shall be provided on
lots for off-street loading or unloading of vehicles.

7.207. It may provide that land, buildings and structures and
the uses thereof which do not conform to the regulations and re-
strictions prescribed for the district in which they are situated
may be continued so long as the then existing or more restricted
use continues and so long as the buildings or structures are main-
tained in their then structural condition; and may require that
such buildings or structures and the use thereof shall conform to
the regulations and restrictions prescribed for the district or dis-
tricts in which they are situated whenever they are enlarged, ex-
tended, reconstructed or structurally altered; and may require
that such buildings or structures and the use thereof shall conform
to the regulations and restrictions prescribed for the district or
districts in which they are situated, in any event within a reason-
able period of time to be specified in the ordinance.

§ 7.21. Uniformity of Regulations. The regulations and re-
strictions shall be uniform and shall apply equally to all land,
buildings and structures and to the use and to each class or kind
thereof throughout such district but the regulations and restric-
tions applicable in one district may differ from those provided for
other districts.

§ 7.22. Effecting and Changing of Regulations.—The council
shall provide for the manner in which such regulations and restric-
tions and the boundaries of such districts shall be determined,
established and enforced, and from time to time amended, supple-
mented or changed. However, no such regulation, restriction or
boundary shall become effective until after a public hearing in
relation thereto, at which parties in interest and citizens shall have
an opportunity to be heard. At least fifteen days’ notice of time
and place of such hearing shall be published in a paper of general
circulation, in said town; provided, however, that where each pro-
posed change in, or amendment or supplement to, any such regula-
tion, restriction, or boundary, if initiated within council, shall be
first referred by the council to the planning commission for report
and recommendation, and where said commission makes such re-
port and recommendation to the council after a public hearing in
relation thereto held by said commission pursuant to prior notice
published five days in a paper of general circulation, in the town,
the public hearing by the council in relation to such change,
amendment or supplement may be held after at least ten days’
notice of time and place of such hearing published in a paper of
general circulation, in the town. In case, however, of a protest
against any change in such regulations signed by the owners of
twenty per centum or more either of the area of the lots includec
in each proposed change, or of those adjacent in the rear thereof
or of those directly opposite thereto, such amendment shall not be
come effective except by the favorable vote of three-fourths of al.
the members of the council. The provisions of this section relative
to public hearings and official notice shall apply equally to al!
changes and amendments.

7.221. The town planning commission acting as the zoning
commission shall recommend the boundaries of the various origina!
districts and appropriate regulations to be enforced therein. Such
commission shall make a preliminary report or reports and hold
public hearings thereon before submitting its final report, and the
council of the town of Abingdon shall take such action on said
preliminary report or reports, and also on the final report of the
commission, as it shall deem necessary.

7.23. Board of Zoning Appeals.—The council may appoint
a board of zoning appeals, and in the regulations and restrictions
adopted pursuant to the authority of this act may provide that the
board of zoning appeals may, in appropriate cases and subject to
appropriate conditions and safeguards, vary the application of the
terms of the ordinance in harmony with its general purpose and
intent and in accordance with general or specific rules therein con-
tained.

7.231. The board of zoning appeals shall consist of five mem-
bers, each to be appointed for a term of three years and removable
for cause by the appointing authority, upon written charges and
after public hearing. Vacancies shall be filled by the council for
the unexpired term of any member whose term becomes vacant
after the effective date of this charter. Members of the board of
zoning appeals in office at the effective date of this charter shall
continue to hold office until the first day of May nineteen hundred
fifty two at which time the council shall appoint one member for
a term of one year, two members each for a term of two years and
two members each for a term of three years. Thereafter, all ap-
pointments shall be for a term of three years.

7.232. The board shall select a chairman, a vice-chairman, and
a secretary, and shall adopt rules in accordance with the provi-
sions Of any ordinance adopted pursuant to this act. Meetings of
the board shall be held at the call of the chairman and such other
times as the board may determine. Such chairman, or in his
absence, the acting chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the board shall be open
to the public. The board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent
or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions,.all of which shall be
immediately filed in the office of the board, and shall be a public
record.

7.233. Appeals to the board of zoning appeals may be taken
by any person aggrieved or by any officer, department, board or
bureau of the town affected by any decision of the administrative
officer. Such appeal shall be taken within a reasonable time as
provided by the rules of the board by filing with the officer from
whom the appeal is taken and with the board of zoning appeals
a notice of appeal specifying the grounds thereof. The officer from
whom the appeal is taken shall forthwith transmit to the board
all papers constituting the record upon which the action appealed
from was taken. An appeal stays all proceedings in furtherance
of the action appealed from, unlesg the officer from whom the ap-
peal is taken certifies to the board of zoning appeals after the
notice of appeal shall have been filed with him that by reason of
facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case proceedings shall
not be stayed otherwise than by a restraining order which may be
granted by a court of record on application, and notice to the
officer from whom the appeal is taken and on due cause shown.

7.234. The board of zoning appeals shall fix a reasonable time
for the hearing of the appeal, give public notice thereof, as well
as due notice to the parties in interest, and decide the same within
a reasonable time. Upon the hearing any party may appear in
person or by agent or attorney.

7.24. Powers of Board of Zoning Appeals. The board shall
have the following powers:

7.241. To hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determination made
by an administrative official in the enforcement of this act or any
ordinance adopted pursuant thereto.

7.242. To hear and decide uses permissible on appeals and
other special exceptions to the terms of the ordinance upon which
such board is required to pass under such ordinance.

7.243. To authorize upon appeal in specific cases such variance
from the terms of the ordinance as will not be contrary to the
public interest where owing to special conditions a literal enforce-
ment of the provisions of the ordinance will result in exceptional
and peculiar hardship, and so that the spirit of the ordinance shall
be observed and substantial justice done.

7.25. Decisions by the Board of Zoning Appeals.—In exer-
cising the powers conferred upon it the board may reverse or
affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and may make such order,
requirement, decision or determination as should be made, and to
that end shall have all the powers of the administrative officer
charged by the ordinance with enforcement. The concurring affirm-
cH. 425] ACTS OF ASSEMBLY 812

ative vote of three members of the board shall be necessary to re-
verse any order, requirement, decision or determination of the ad-
ministrative officer or to decide in favor of the applicant in any
matter of which it has jurisdiction. The board shall act by formal
resolution which shall set forth the reason for its decision and the
vote of each member participating therein which shall be spread
upon its records and shall be open to public inspection. The board
may, upon the affirmative vote of three members, reconsider any
decision made and, upon such reconsideration, render a decision by
formal resolution. Every decision of the board shall be based upon
a finding of fact which may be based on sworn testimony which
finding of fact shall be reduced to writing and preserved among its
records.

7.26. Appeals from Decisions of Board of Zoning Appeals.—
Any person or persons, jointly or severally, aggrieved by any de-
cision of the board of zoning appeals, or any taxpayer, or any officer,
department, board or bureau of the municipality, may present to a
court of record a petition, duly verified, setting forth that such de-
cision is illegal, in whole or in part, specifying the grounds of the
illegality. Such petition shall be presented to the court within
thirty days after the filing of the decision in the office of the board.

7.261. Upon filing of the petition the court may cause a writ
of certiorari to issue directed to the board, ordering it to produce
within the time prescribed by the court, not less than ten days, the
record of its action and documents considered by it in making the
decision appealed from, which writ shall be served upon any mem-
ber of the board. The issuance of the writ shall not stay proceed-
ings upon the decision appealed from but the court may, on appli-
cation, notice to the board and due cause shown, issue a restraining
order. The board shall not be required to produce the origina]
record and documents but it shall be sufficient to produce certified
or sworn copies thereof or of such portions thereof as may be re-
quired by the writ. With the record and documents the board may
concisely set forth in writing such other facts as may be pertinent
and material to show the grounds of the decision appealed from,
verified by affidavit.

7.262. The court shall review the record, documents and other
matters produced by the board pursuant to the issuance of the writ
and may reverse or modify the decision reviewed, in whole or in
part, when it is satisfied that the decision of the board is contrary
to law or that its decision is arbitrary and constitutes an abuse of
discretion. Unless it is made to appear that the decision is con-
trary to law or is arbitrary and constitutes an abuse of discretion
the court shall affirm the decision. If the court finds that the testi-
mony of witnesses is necessary for a proper disposition of the
matter it may hear evidence.
7.27. Proceedings against Violators of Zoning Ordinance. When-
ever any building or structure is erected, constructed, reconstructed,
altered, repaired or converted, or whenever any land, building or
structure is used in violation of any ordinance adopted in accord-
ance with § 7.22 the town may institute and prosecute appropriate
action or proceedings to prevent such unlawful act and to restrain,
correct or abate such violation or to prevent any unlawful act,
conduct or use of such property.

7.28. Penalties for Violations.—Said regulations shall be en-
forced by a building and zoning inspector who shall be empowered
to cause any building, structure, place or premises to be inspected
and examined and to order in writing the remedying of any condi-
tion found to exist in violation of any provision of the regulations
made under authority of this or the preceding section. Any person
convicted of violating any rule or regulation enacted by ordinance
under the zoning powers granted the council by this charter and
general law shall be guilty of a misdemeanor and upon conviction
shall be subject to such penalties as may be prescribed by council.

§ 7.3. Subdivision Control.—In order to provide for the orderly
subdivision of land within the town and within two miles of the
corporate limits thereof there is hereby conferred upon the town
and the county in which the area outside the town but within
two miles thereof is included the power to adopt regulations and
restrictions relative to the subdivision of land in the manner here-
inafter provided. Such regulations and restrictions may prescribe
standards and requirements for the subdivision of land which may
include but shall not be limited to the following: the location, size
and layout of lots so as to prevent congestion of population and to
provide for light and air; the width, grade, location, alignment and
arrangement of streets and sidewalks with relation to other exist-
ing streets, planned streets and the master plan; access for fire-
fighting apparatus; adequate open spaces; adequate and convenient
facilities for vehicular parking; easements for public utilities;
suitable sites for schools, parks and playgrounds, planting of shade
trees and shrubs; naming and designation of streets and other public
places; laying out and constructing sidewalks; procedure for mak-
ing variations in such regulations and restrictions; requirements
for plats of subdivisions and their size, scale, contents and other
matters; the erection of monuments of specified type for making
and establishing property and street, alley, sidewalk and other
lines; the extent to which and the manner in which new streets
shall be graded, graveled or otherwise improved and water, sewer
and other utility mains, piping, connections or other facilities shall
be installed as a condition precedent to the approval of the plat.
Such regulations may provide that, in lieu of the completion of
such work previous to the final approval of a plat, the council or its
designated agents, may accept a bond, in an amount and with
surety or conditions satisfactory to the council or its designated
agents, providing for and securing to the council, the actual con-
struction and installation of such improvements and utilities with-
in a period specified by the council or designated agents.

7.31. Hearings on Subdivision Ordinance.—The council shall
not adopt or amend any ordinance establishing such regulations
and restrictions until notice of intention so to do has been published
once a week for two successive weeks in a newspaper of general
circulation in the town. The notice shall specify the time, not less
than ten days after final publication, and the place at which per-
sons affected may appear before the council and present their views.

7.382. Adoption of Subdivision Regulations.—After hearing as
above provided the council may adopt by ordinance any such regu-
lations and restrictions applicable within the limits of the town
and may adopt such regulations and restrictions applicable in an
area outside such limits, provided that such regulations and re-
strictions applicable in any area outside such town limits shall not
be adopted or become effective or applicable except in the manner
and to the extent provided by the general laws of the Common-
wealth. |

7.33. Filing of Regulations.—When such regulations have been
adopted, a certified copy thereof and all amendments thereto shall
be filed in the office of the building and zoning inspector and in
the office of the clerk of the circuit court of Washington County.

7.34. Making and Approval of Plats—Any owner or any pro-
prietor of any tract of land situated within the corporate limits
of the Town of Abingdon, who subdivides the same shall cause a
plat of such subdivision, with reference to known or permanent
monuments, to be made and recorded in the office of the Clerk of
the Circuit Court of Washington County. No such plat of sub-
division shall be recorded unless and until it shall have been sub-
mitted and approved by the town council or its designated agent
in accordance with regulations adopted under this act and so certi-
fied by the person authorized to make such certificate.

7.35. Recording of Plats of Subdivision—From and after the
date on which such regulations and restrictions become effective
in the town or in any area outside the town but within two miles
thereof, no plat of any subdivision to which such regulations and
restrictions are applicable shall be received or recorded by the
clerk of any court unless the plat has been approved as provided
in the preceding section. No owner of land in the town or outside
area in which such regulations and restrictions are applicable,
who has subdivided the same into two or more lots, shall sell or
offer for sale any such lot by reference to or exhibition of or by the
use of a plat of such subdivision or otherwise before the plat of
such subdivision has been approved as provided in the preceding
section and has been recorded in the office of the clerk of the cir-
cuit court of Washington County.

7.36. Transfer of Portion for Public Use——The recordation of
the plat shall operate to transfer in fee simple to the town or the
county in which the land lies such portion thereof as is on the
plat set apart for streets, alleys, easements or other public use or
purpose and to create a public right of passage over or use of the
same. The owner or owners of the land subdivided may construct,
reconstruct, operate and maintain with the consent of the town or
the county where the land lies, sewers, gas and water pipes or
electric lines along or under the streets, alleys, easements or other
land devoted to public use, provided that it shall not obstruct or
hinder the passage over the streets, alleys or other property de-
voted to public use further than is reasonably necessary to con-
struct, reconstruct, repair, operate and maintain such works.

7.37. Wacation of Recorded Plats.—Any plat or part thereof
recorded may be vacated, with the consent of the council or of the
governing body of the county wherein the land lies or both where
the plat has been approved by both, by the owners thereof at any
time before the sale of any lot therein, by a written instrument de-
claring the plat to be vacated which shall be duly executed, ac-
knowledged and recorded in the clerk’s office wherein the plat to
be vacated is recorded. The execution and recordation of the in-
strument shall operate to destroy the force and effect of the record-
ing of the plat and to divest all public rights in and to reinvest
the owners with the title to the streets, alleys, easements and other
land devoted to public use laid out or described in the plat. In
cases where lots have: been sold the plat or part thereof may be
vacated upon the application of the owners of the lots in the plat
and with the approval of the council or governing body of the
county, or both where the plat has been approved by both, and shall
not be vacated otherwise. The clerk in whose office any plat so
vacated has been recorded shall write in plain, legible letters across
the plat or part thereof vacated the word “vacated” and also make
a reference on the plat to the volume and page thereof in which the
instrument of vacation is recorded.

7.38. Violation of Subdivision Regulations.—In case of any
violation or attempted violation of the provisions of this act, or of
any of the provisions of the regulations adopted as authorized in
this act, the council, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such violation
or attempted violation, to restrain, correct, or abate such violation
or attempted violation, or to prevent any act which would consti-
tute such a violation. Any owner or proprietor of any tract of
land who subdivides that tract of land and who violates any of
the provisions of the regulations adopted as authorized in this act
shall be guilty of a misdemeanor, punishable by a fine of not less
than ten dollars and not more than two hundred and fifty dollars,
and each day after the first, during which violation shall continue,
shall constitute a separate violation.

§ 7.4. Present Master Plan, Comprehensive Zoning Plan, and
subdivision Regulations.—Portions of the master plan, and the
comprehensive zoning plan as heretofore adopted, approved, and
filed, with all amendments thereto, and the subdivision control
regulations as heretofore adopted, approved, and filed, with all
amendments thereto, are hereby validated and confirmed as if the
same had been prepared, adopted, approved and filed in accordance
with the provisions of this article. Every amendment or addition
thereto or extension thereof and every other master plan or por-
tion thereof, or comprehensive zoning ordinance, or subdivision
control ordinance henceforth adopted shall be in accordance with
the provisions of this article. Where existing ordinances are at
variance with the provisions of this article they shall be deemed
to be amended in accordance with the provisions of this article.

ARTICLE VIITI—-GENERAL PROVISIONS

§ 8.1. Officers to Hold Over Until Their Successors Are Ap-
pointed and Qualified— Whenever under the provisions of this
charter any Officer of the town or member of any board or com-
mission is elected or appointed for a fixed term, except the mayor
and vice-mayor, such officer or member shall continue to hold
office until his successor is appointed and qualified.

§ 8.2. Present Ordinances and Rules and Regulations Con-
tinued in Effect.—All ordinances of the town and all rules, regula-
tions and orders legally made by any department, board, commis-
sion or officer of the town, in force at the effective date of this
charter, insofar as they or any portion thereof are not inconsistent
herewith, shall remain in force until amended or repealed in ac-
cordance with the provisions of this charter.

§ 8.3. General Powers.—The town of Abingdon and al] the
officers thereof elected or appointed in accordance with the pro-
visions of this act shall be clothed with all the powers and subject
to all the provisions of general law not in express conflict with the
provisions of this act.

§ 8.4. Constitutionality—If any clause, sentence, paragraph,
section or part of this act shall, for any reason, be adjudged by
any court of competent jurisdiction to be unconstitutional or in-
valid, said judgment shall not affect, impair or invalidate the re.
mainder of said act, but shall be confined in its operations to the
clause, sentence, paragraph, section or part thereof directly in.
volved in the controversy in which said judgment shall have been
rendered.
§ 8.5. Repealing Clause.—All acts or parts of acts in conflict
with this charter insofar as they affect the provisions of this
charter, and all former charters and amendments thereto for the
town of Abingdon, Virginia, are hereby repealed.

§ 8.6. Citation of Act.—This act may for all purposes be
referred to or cited as the town of Abingdon Charter of 1950.

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