CHAPTER 560

AN ACT to provide a charter for the Town of Montross, in the
county of Westmoreland, Virginia.
[H 729]
Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:

ARTICLE I
THE Town Corporate

1. § 1. The inhabitants of the territory comprised within the
limits of the Town of Montross, as such limits are hereinafter
set out or as the same may be hereafter altered and established
by law, shall constitute and continue a body, politic and corporate,
to be known and designated as the Town of Montross, and as such
shall have and may exercise all powers which are now or hereafter
may be conferred upon or delegated to towns under the Constitu-
tion and laws of the Commonwealth of Virginia, as fully and com-
pletely as though such powers were specifically enumerated
herein, and no enumeration of particular powers by this charter
shall be exclusive, and shall have, exercise and enjoy all the rights,
immunities, powers and privileges and be subject to all the duties
and obligations now appertaining to and incumbent on said town
as a municipal corporation, and shall have perpetual succession,
may sue and be sued, implead and be impleaded, contract and be
contracted with, and may have a corporate seal which it may alter,
renew, or amend at its pleasure by proper ordinance.

‘ARTICLE II
CoRPORATE LIMITS

§ 1. The corporate limits of the Town of Montross are hereby
established as follows: Beginning at a point shown as A’ on a
certain plat of survey made by F. M. Murphy, surveyor, on the
10th day of May 1947, said point being a junction of the line of
State Highway No. 3 with the Western edge of Route No. 645
leading toward Crook Horn, thence south 39° 53’ west 923.5 feet
to point A located on western boundary of aforesaid Crook Horn
road; thence north 88° 04’ west 7157.6 feet to point B; thence
north 68° 30’ west 3498.5 feet to point C; thence north 51° 16’
west 1162.8 feet to point D; thence 47° 04’ west 731.6 feet to point
E; thence north 70° 48’ east 865.4 feet to point No. 3; thence
north 84° 00 east 3287.6 feet to point No. 2; thence south 78° 24’
east 8607 feet to point No. 1; thence south 4° 27’ west 943 feet
back to point A’, the point of beginning; containing, in all,
595.29 acres; a copy of said plat being of record in the Clerk’s
Office of the Circuit Court of Westmoreland County, Virginia.
ARTICLE III
ADMINISTRATION AND GOVERNMENT

§ 1. The present mayor and councilmen of the Town of Mont-
ross shall continue in office and exercise all the powers conferred
by this charter and the general laws of this State until the expira-
tion of the term for which they were elected, or until their succes-
sors are duly elected and qualified.

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

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

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

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

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

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

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

§ 9. The council shall, as soon as practicable after qualifica-
tion and biennially thereafter following the regular municipal elec-
tion, appoint one of its members as vice-mayor. The vice-mayor,
during the absence or disability of the mayor, shall perform the
duties and be vested with all the powers, authority, and jurisdic.
tion, of the mayor; and in the event of a vacancy for any reason
in the office of mayor, he shall act as mayor until a mayor is duly
appointed by the town council or is elected. The member of the
council who shall be chosen vice-mayor shall continue to have all
the rights, privileges, powers, duties and obligations of council-
man even when performing the duties of mayor during the absence
or disability of the mayor of the town.

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

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

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

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

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

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

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

§ 17. There shall be appointed by the council at its first regu-
lar meeting in September or as soon as practicable thereafter, a
town sergeant, who shall also be chief of police; and shall hold
office at the pleasure of the council. His duties shall be such as the
council prescribed. He shall be vested with the powers of a con-
servator of the peace. His compensation shall be fixed by the
council.

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

Said trial justice is hereby vested with all the powers, au-
thority and jurisdiction and charged with all the duties within
and for the Town of Montross, and in criminal matters for one
mile beyond the corporate limits thereof; which are or may here-
after be, conferred upon the trial justice by the laws of the State
of Virginia, so far as the same may be applicable, and not in con
flict with the provisions of this charter; and any amendments of
the trial justice laws of this State shall be considered as amend-
ments also of this section of this charter if the same are applicable
hereto.

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

Removals may be taken, and appeals from the decisions of the
trial justice may be taken, to the Circuit Court of Westmoreland
County in the same manner, upon the same terms and shall be
tried in the same way a8 removals, or as appeals from the decision
of trial justices, as the case may be, are provided to be taken and
tried by the laws of the State of Virginia, relating to trial justices
as the same shall now be or as hereafter amended.

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

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

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

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

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

§ 20. All ordinances, resolutions and by-laws passed by the
council shall take effect at the time indicated in such ordinances,
resolution or by-law, but in event no effective date shall be set
forth in any such ordinances, resolution or by-law passed by the
council, the same shall become effective thirty days from its

passage.
ARTICLE IV
TAXATION AND FINANCES

§ 1. The Town Council shall have control of taxation and
finances for its municipal purposes. It shall have the following
powers:

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

§ 3. To raise annually by levy and collection of taxes and
assessments in the said town on all such property, real and per-
sonal, as is now or may hereafter be subject to taxation by towns
by the laws of the Commonwealth, such sums of money as the
council thereof may deem necessary for the purposes of the said
town in such manner as the said council shall deem expedient in
accordance with this charter, the Constitution and laws of this
State and the United States; provided, however, that it shall im-
pose no taxes on the bonds of the said town.

§ 4. To impose special or loca] assessments for local improve-
ments and enforce the payment thereof, subject to such limitations
as may be prescribed by the Constitution and laws of this State,
as may be in force at the time of the imposition of such spetial or
local assessments.

§ 5. To contract debts in the name of and for the use of the
town and make and issue, or cause to be made and issued, as
evidence thereof, bonds, notes, or other obligations, within the
limitations prescribed by the constitution and the laws of this
State concerning bonds issued by towns, upon credit of the town,
or solely upon the credit of specific property owned by the town
or solely upon the credit of income derived from property used in
connection with any public utility owned and operated by the
town.

§ 6. To borrow money temporarily, pending the issuance and
sale of any bonds, notes or other obligations authorized by this
charter, or in anticipation of the receipt of taxes and revenue of
the current fiscal year, and to issue notes or other evidence of in-
debtedness therefor, and from time to time to renew such tempor-
ary loans or to use current funds to be ultimately repaid from the
proceeds of said bonds, notes or other obligations, or from the
town taxes and revenues, as the case may be.

§ 7. To expend the money of the town for all lawful purposes.
§ 8. To levy a tax or a license on any slot machine or similar
device of any kind, whether a license may be required therefor
by the State or not, and may, if permitted by general law, exceed
the State license, if any be required, and may provide penalties for
any violation thereof.

§ 9. To license and regulate the holding and location of
shows, circuses, public exhibitions, carnivals, and other similar
shows or fairs, or prohibit the holding of the same, or any of them
within the limits of the town or within one mile thereof; provided
that the license fee for holding any of the foregoing within one
mile of the town shall only be sufficient to provide regulation and
protection.

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

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

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

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

ARTICLE V

PROPERTY

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

(1) To acquire by purchase, gift, devise, condemnation, or
otherwise, property, real or personal, or any estate therein within
or without the town, for any purpose of the town, and to hold, im-
prove, sell, lease, mortgage, or pledge, or otherwise dispose of the
same or any part thereof, including any property now owned by
the town.

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

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

(4) To acquire by condemnation, purchase or otherwise, pro-
vide for, maintain, operate and protect aircraft landing fields
either within or without the corporate limits of the town.

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

(6) To construct, purchase, maintain, regulate and operate
public improvements of all kinds, including municipal and other
buildings, armories, sewage disposal plants, jails, comfort stations,
markets and all buildings and structures necessary or appropriate
for the use and proper operation of various departments of the
town and to acquire by condemnation or otherwise all lands,
riparian and other rights and easements necessary for such im-
provements, or any of them, and, either within or without the town
to construct, maintain, or aid therein, roads and bridges to any
property owned by the said town, and situated beyond the corpor-
ate limits thereof, and to acquire land necessary for the aforesaid
uses by condemnation or otherwise.

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

ARTICLE VI
UTILITIES

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

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

(2) To own, operate and maintain water works and to acquire
in any lawful manner in any county of the State, such water, lands,
property rights, and riparian rights as the council of the said
town may deem necessary for the purpose of providing an adequate
water supply to the said town and piping and conducting the
same; to lay, erect and maintain all necessary mains and sewer
lines, either within or without the corporate limits of the said
town, and to require abutting property owners within such corpo
rate limits to connect therewith, for the distribution of water to
its customers and consumers, both within and without the corpo
rate limits of the said town, and to charge and collect water rents
therefor; to erect and maintain all necessary dams, pumping sta-
tions and other works in connection therewith; to make reasonable
rules and regulations promoting the purity of its water supply and
for protecting the same from pollution; and for this purpose to
exercise full police powers and sanitary patrol over all land com-
prised 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 adquate penalties for the violation of any
such rules and regulations; and to prevent by injunction any pollu-
tion or threatened pollution of such water supply, and any and all
acts likely to impair the purity thereof; and to carry out the
powers herein granted, the said town may exercise within the
State all powers of eminent domain provided by the laws of this
State.

(3) To establish, construct, and maintain sanitary sewers,
sewer lines and systems, and to require abutting property owners
to connect therewith; to establish, construct, maintain and operate
sewage disposal plants, and to acquire by condemnation or other-
wise, within or without the town limits, all land, rights-of-way,
riparian and other rights and easements necessary for said pur-
poses, and to charge and assess and collect reasonable fees, rentals,
assessments or costs of service for connecting with and using the
same.
(4) To charge and collect fees for permits to use public facili-
ties and for public services and privileges; and to have the right
and power to charge for any service rendered or convenience fur-
nished to those residing without the corporate limits different from
the rates charged for similar services or conveniences to those re-
siding within the corporate limits.

(5) To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals, and other refuse, and make reasonable
charges therefor; to acquire and operate reduction or any other
plants for utilization and disposal of such material; to contract
for or regulate the collection and disposal thereof; and to require
the collection and disposal thereof, and to acquire land within or
without the town for said purpose.

(6) To establish, impose and enforce the collection of water
and sewage rates, and rates and charges for public utilities, or
other services, products, or conveniences, operated, rented, or fur-
nished by the town; and to assess, or cause to be assessed, after
reasonable notice to the owner or owners, water and sewage rates
and charge directly against the owner or owners of the building,
or against the proper tenant or tenants; and may by ordinance
require a deposit of such reasonable amount as it may prescribe
before furnishing such service either to owner or tenant.

(7) To grant franchises for public utilities in accordance with
the provisions of the Constitution and general laws; provided,
however, the town shall at any time have the power to construct,
own, operate, manage, sell, encumber, or otherwise dispose of, either
within or without the town, any and all public utilities for the
town, and to sell the services thereof any existing franchises to
the contrary.

(8) To regulate, telephone, and telegraph purposes erected or
to be erected and gas pipes to be laid in the streets and alleys of
the town; to require the owner or lessee of an electric light, tele-
phone, or telegraph pole, or poles, or wires, now in use or here-
after erected, to change the location of or move the same.

ARTICLE VII
STREETS
§ 1. The Town Council shall have the following powers:

(1) The town shall have the power to acquire, establish, enter,
open, widen, extend, grade, improve, construct, maintain, and clear
public highways, streets, sidewalks, boulevards, parkways, alleys,
and to alter, vacate, or close the same; to establish and maintain
parks, golf courses, playgrounds and public grounds and to keep
them lighted and in good order; to construct, maintain and operate
bridges, viaducts, subways, tunnels, sewers and drains, and to
regulate the use of all such highways, parks, public grounds and
works; to plant and maintain or remove shade trees along the streets
and upon such public grounds; to prevent the obstruction of such
streets, alleys and highways, to regulate the operation and speed
of cars and vehicles within said streets and highways within the
town; and to do all other things whatsoever adapted to make said
streets and highways safe, convenient and attractive.
(2) To give names to or alter the names of the streets.

ARTICLE VIII
BUILDING REGULATIONS

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

(1) To regulate the size, height, materials and construction
of buildings, fences, walls, retaining walls and other structures
hereafter erected in such manner as the public safety and con-
veniences may require; to remove or require to be removed or re-
constructed any building, structure or addition thereto which by
reason of dilapidation, defect of structure, or other causes may be-
come dangerous to life or property, or which may be erected con-
trary to law.

(2) To provide for regular and safe construction of houses in
the town for the future and to provide a building code for the
town: to provide setback lines on the streets beyond which no
buildings may be constructed if permitted by general law; to re-
quire the standard of all dwelling houses be maintained in resi-
dential sections in keeping with the majority of residences therein,
and if permitted by general law to require the standard of all busi-
ness houses to be maintained in business sections in keeping with
the majority of the business houses therein.

(3) To make and adopt a comprehensive plan for the town
and to that end all plats and replats hereafter made subdividing
any land within the town, or within one mile thereof, into streets,
alleys, roads and lots or tracts, shall be submitted to and approved
by the council before such plats or replats are filed for record, or
recorded, in the office of the clerk of Westmoreland County, Virginia.

(4) To issue, or refuse (in case of noncompliance with the
building requirements of the town) to issue, permits for the con-
struction of buildings, fences, walls and other structures in the said
town; and any person, firm or corporation, failing to secure such
permit prior to the beginning of said construction or other work
shall be deemed guilty of a misdemeanor and punished as herein-
before provided.
§ 1. In addition to powers elsewhere mentioned in this charter
and the powers conferred by general law and the Constitution, the
town shall have the following powers:

(1) To compel the abatement and removal of all nuisances
within the town or upon property owned by the town without its
limits at the expense of the person or persons causing the same or
of the owner or occupant of the ground or premises wherein the
same may be, and to collect said expense by suit or motion or by
distress and sale; to require all lands, lots and other premises
within the town to be kept clean and sanitary and free from 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 expense by suit or motion or by distress and sale; to regulate
or prevent noisome or offensive business within the said town, or
the exercise of any dangerous or unwholesome business, trade, or
employment therein; to regulate the transportation of all articles
through the streets of said town; to compel the abatement of smoke
and dust, and prevent unnecessary noise; to regulate the location
of stables and the manner in which the same shall be constructed
and kept; to regulate the location, construction, operation, and
maintenance of billboards and signs; and generally to define, pro-
hibit, abate, suppress, and prevent all things detrimental to the
health, morals, aesthetics, safety, convenience and welfare of the in-
habitants of the town; and to require all owners or occupants of
property having public sidewalks adjacent thereto to keep the same
clean and sanitary, free from weeds, filth, unsightly deposits, ice
and snow, and any obstruction.

(2) To exinguish and prevent fires, and to establish, regulate,
and control a fire department or division; to establish and desig-
nate from time to time fire limits, within which limits wooden build-
ings 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; to enact stringent and efficient laws for
securing the safety of persons from fires in halls and buildings used
for public assemblages, entertainments or amusements.

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

(4) To provide for the preservation of the general health of
the inhabitants of said town, make regulations to secure the same,
inspect all foodstuffs and prevent the introduction and sale in said
town of any articles or thing intended for human consumption
which is adulterated, impure, or otherwise dangerous to health, and
to condemn, seize, and destroy or otherwise dispose of any such
article or thing without liability to the owner thereof; to prevent
the introduction or spread of contagious or infectious diseases, and
prevent and suppress disease generally; to provide and regulate
hospitals within or without the town limits, and if necessary to
the suppression of disease, to enforce the removal of persons affected
with contagious or infectious diseases to hospitals provided for
them; to provide for the organization of a department or bureau of
health, to have the powers of a board of health for said town, with
authority necessary for the prompt and efficient performance of its
duties, with the power to invest any or all of the officials or em-
ployees of such department of health with such powers as the police
officers of the town have, to establish quarantine ground within or
without the town, and establish and enforce such quarantine regu-
lations against contagious and infectious diseases as the council
may see fit, subject to the laws of the State and the United States.

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

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

(7) To regulate poultry or other fowl, hogs, dogs or other
animals being kept in or running at large in the town, or any
thickly populated portion thereof, and to subject the same to such
taxes, regulations and penalties as the council may think proper.

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

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

(10) To prevent any person having Do visible means of sup-
port, paupers, and persons who may be dangerous to the peace
and safety of the town from coming to town from without the
same; and to expel therefrom any such person who has been in
said town less than twelve months,

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

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

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

(14) To prohibit minors from and punish them for frequent-
ing, playing or loitering in any public poolroom, billiard parlor,
or bowling alley, and to punish any proprietor or agent thereof
for permitting same.

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

(16) To enjoin and restrain the violation of any town ordi-
nance or ordinances, although a penalty is provided upon the con-
viction of such violation.

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

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

(19) To offer and pay rewards for the apprehension of crimi-
nals.

(20) To provide by ordinance for a system of meat and milk
inspection, and appoint milk and meat inspectors, agents, or of-
ficers to carry the same into effect; to prevent, license, regulate,
‘ontrol, and locate slaughterhouses within or without the corpor-
ate limits of the town; and for such services of inspection to make
reasonable charges; and to provide reasonable penalties for the
violation of such ordinances.

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

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

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

(24) to require every owner or operator of motor vehicles
residing in the said town, on a date to be designated by the coun-
cil, to annually register such motor vehicles and to obtain a license
to operate the same by making application to the treasurer of the
said town, or such other person as may be designated by the coun-
cil; to issue said license, and to require the said owner to pay the
annual license fee therefor to be fixed by the council, provided that
the said license fee shall not exceed the amount charged by the
State on such machines. The council shall have the right to require
the operator of said motor vehicle to attach a proper license plate
on a conspicious part of the said motor vehicle and to keep same
thereon in plain view for common observation. The council may
prorate such license fee over periods of not less than three months.

(25) In so far as not prohibited by general law, to control,
regulate, limit and restrict the operation of motor vehicles carry-
ing passengers for hire upon the streets or alleys of the town; to
regulate the use of automobiles and other automotive vehicles upon
the streets; to regulate the routes in and through the town to be
used by motor vehicle carriers operating in and through said town
and to prescribe different routes for different carriers; to prohibit
the use of certain streets by motor trucks; and generally to pre-
scribe such regulations respecting motor traffic therein as may
be necessary for the general welfare and safety.

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

(27) To put into force and effect by ordinances any and all
the foregoing powers, and any other powers and authority of the
said council given by this charter, or any State law, or any amend-
ments thereto; and to prescribe punishment for the violation of
any town ordinance, rule or regulation, or of any provision of this
charter, said penalty not to exceed five hundred dollars ($500.00)
fine or twelve months’ imprisonment in jail, or both.

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

ARTICLE X
Actions AGAINST TOWN

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

ARTICLE XI
MISCELLANEOUS

§ 1. If any clause, sentence, paragraph, or part of this act
shall for any reason be adjudged by a court of competent jurisdic-
tion to be invalid, said judgment shall not affect, impair or in-
validate the remainder of said act, but shall be confined in its
operation to the part of the act directly involved in the controversy
in which said judgment shall have been rendered.

2. This act may be referred to or cited as the Montross Charter
of nineteen hundred and fifty.
3. An emergency exists and this act is in force from its passage.