CHAPTER 238

An Act to provide, subject to a referendum, for the incorporation of the
town of Poquoson in York County; to provide for the creation of a
special school district therein and prescribe its powers and duties;
and to provide for such referendum.

[fH 235]

Approved March 8, 1952
Be it enacted by the General Assembly of Virginia:

ARTICLE I
THE TOWN CORPORATE AND TOWN LIMITS

§ 1. The inhabitants of the territory comprised within the limits
of the town of Poquoson, 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 Poquoson, and as such shall have all powers which are now
or hereafter may be conferred upon or delegated to towns under the
Constitution and laws of the Commonwealth of Virginia, and of the
Constitution of the United States of America, as fully and completely
as though such powers were specifically enumerated herein; no enumera-
tion of particular powers by this charter shall be held to be exclusive; it
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 towns 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.

§ 2. The boundaries of the town shall be as follows: beginning at
a concrete monument, which said monument is marked “A” on a certain
map entitled “Plat showing the area and boundaries of the proposed town
of Poquoson in Poquoson Magisterial District, York County, Virginia”,
made December nineteen hundred fifty-one by J. B. ‘Sinclair, Jr., Civil
Engineer, which plat has been or shall be recorded in the plat book in
the clerk’s office of the Circuit Court of York County; and thence running
from the point of beginning thus established North twenty-one degrees
seventeen minutes twenty seconds West for a distance of eight thousand
three hundred twenty-one and three tenths feet to a concrete monument
marked “B” on said plat; thence twenty-one degrees seventeen minutes
twenty seconds West for a distance of twenty feet to a point located in
the center of the State Highway (York Road); thence South forty-five
degrees forty-three minutes ten seconds West along the center of said
road for a distance of one thousand two hundred and nine and four tenths
feet to a concrete monument marked ‘‘C’’, as shown on said plat; thence
North six degrees four minutes thirty seconds West for a distance of
one thousand three hundred and twenty-five feet to a concrete monument
marked “D”; thence North six degrees four minutes thirty seconds West
for a distance of one hundred and nineteen feet to the head of a stream
commonly known as the South Branch of Lamb’s Creek; thence along
the center of said stream in a Northerly direction, to the head of Lamb’s
Creek; thence along the center of Lamb’s Creek in a Northerly direction
to the center of Poquoson River, which said point marks the established
boundary line between Poquoson and Grafton Magisterial Districts; thence
running along the center of Poquoson River, which is coincident with
the said established boundary line separating said Magisterial Districts,
in a northeasterly direction to a point in Chesapeake Bay; thence running
in an easterly direction along the easterly boundary line of Poquoson
Magisterial District to a point located in the northerly boundary line of
Elizabeth City County, located off the mouth of Back River; thence running
in a southwesterly direction along the center of Back River, which said
line is coincident with the established boundary line between Poquoson
Magisterial District in York County and Chesapeake Magisterial District
in Elizabeth City County, to the mouth of the Northwest branch of Back
River; thence running in a westerly direction along the center of said
stream to a point where the center line of said stream is intersected by
the Westerly boundary line of said proposed town when the same is
projected from said concrete monument marked ‘“A’”’ twenty-one degrees
seventeen minutes twenty seconds East, which concrete monument marked
“A” is the point of beginning. :
ARTICLE II
POWERS OF THE TOWN

§ 1. General grant of powers.—In addition to the powers set forth
in Article I the town shall have and may exercise all powers pertinent
to the conduct of a town government the exercise of which is subject to
the general law of the Commonwealth, 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.

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

(a) 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, subject to the Constitution and general
law of the Commonwealth.

(b) To impose special or local assessments for local improvements
and to enforce 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.

(c) 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 one-half the amount charged by
the State on the said vehicle, except that any vehicle registered with the
Division of Motor Vehicles of the Commonwealth of Virginia as a truck,
in which case the license shall not exceed the amount charged by the
State on the said vehicle.

(d) To establish, levy, and collect, except when prohibited by general
law, a tax or license on any person, firm or corporation, except motor
vehicle carriers of passengers or property liable for and which pay the
road tax calculated on gross receipts prescribed by § 58-638 of the Code,
pursuing or conducting any trade, business, profession, occupation, employ-
ment 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
ereof.

(e) To establish, levy and collect taxes for admission to or other
charge for any public amusement, entertainment, performance, exhibition,
lecture, sport or athletic event in the town, which taxes may be added to
and collected with the price of such admission or other charge.

(f) 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.

(g) 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 and the Constitution of the United States of America.

§ 3. The town is so empowered: (a) 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 0)
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 office of the Circuit Court of York County and collected in
the same manner as delinquent taxes are filed and collected; and in the
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 reason-
able amount as it may by such ordinance prescribe before furnishing such
service to such tenant.

(b) To charge and 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 the citizens within the corporate limits.

(c) To accept or refuse gifts, donations, bequests, or grants from any
source for purposes related to the powers and duties of the town
government.

(d) To provide, or aid in the support of, public libraries, public
schools, and public hospitals.

(e) 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.

(f) 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.

(gz) To borrow money, contract debts, and make and issue, or cause
to be made and issued, as evidence thereof, bonds, notes, or other obliga-
tions, within the limitations prescribed by the Constitutions, 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.
(h) To expend the money of the town for all lawful purposes.

§ 4. Powers relating to public works, utilities and properties.—
In addition to the powers granted by other sections of this charter, the
town is empowered:

(a) 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.

(b) 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 within or without the town and to charge and
collect water rents therefor; to erect and maintain all necessary dams,
pumping stations and other works in connection therewith; to make
reasonable rules and regulations 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;
or at its election, the town may purchase or contract to purchase water
from any existing water works or utility as provided for by the general
laws of the Commonwealth and/or any amendment thereof.

(c) To construct, maintain, regulate and operate public improve-
ments 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 construct, 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 condemna-
tion or otherwise.

(d) 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 regulation of weights of loads does not conflict
with the general State laws relating to load limits to be carried or trans-
ported over State highways; to regulate the use of all such highways,
parks, streets, alleys, parkways, and public places; to prevent the obstruc-
tion, 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 opera-
tion 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 hereafter
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.

(e) 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 constructing or using such stadia, swimming pools, recrea-
tion or amusement buildings, structures, or enclosures of every character,
refreshment stands, or restaurants, et cetera.

(f) 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
reasonable fees, rentals, assessments or costs of service for connection
with and using the same.

(g) To grant franchises for public utilities subject to the provisions
of the Constitution and general laws of Virginia and of the Constitution
of the United States of America, and of 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

ereof.

§ 5. The town is also empowered: (a) To own, operate and main-
tain 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.

(b) 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 purposes; to erect and main-
tain buildings and appurtenances necessary 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.

(c) To give names to or alter the names of streets, highways, alleys,
parkways or parks.

(d) To acquire in any lawful manner for the purpose of encouraging
commerce, industry, and manufacture, lands within the town not exceed-
ing 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 commer-
cial uses and purposes.

__ (e) To acquire, construct, own, maintain and operate, within and
without the town, places for parking or storage of vehicles by the public,
which shall include but shall not be limited to parking lots, garages, build-
ings 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 reduce 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 agreement, upon such
terms or conditions as the council may determine by ordinance; and charge
or authorize the charging of compensation for the parking or storage of
vehicles or other services at or in such places.

(f{) 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 regu-
lations adopted under the provisions of this charter.

(g) 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 Section 25-233 of the
Code of Virginia, 1950, shall apply as to any property owned by a corpora-
tion possessing the power of eminent domain that may be sought to be
taken by condemnation under provisions of this act.

§ 6. 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.—The town shall have the power to pass
and enforce by-laws, rules, regulations, and ordinances, subject to the
provisions of this charter and the general law of the Commonwealth for
the preservation of the safety, health, peace, good order, comfort, con-
venience, morals, and welfare of its inhabitants, and among such powers,
but not in limitation thereof, the town is empowered:

(a) To collect and dispose of sewage, offal, ashes, garbage, carcasses
of dead animals and other refuse, and to make reasonable charges there-
for; to acquire and operate reduction or any other plants for the utiliza-
tion or destruction of such materials; to contract for or regulate the collec-
tion and disposal thereof and: to require and regulate the collection and
disposal thereof.

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

(c) To license and regulate the holding and location of shows, circus-
es, public exhibitions, carnivals, and other similar shows or fairs, or pro-
hibit the holding of the same, or any of them, within the town.

(d) To compel the abatement and removal of all nuisances within
the town or upon property owned by the town beyond its limits at the ex-
pense 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 stagnant 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 constructed; to regulate the location, construction, opera-
tion, and maintenance of billboards, signs, advertising, and generally to
define, 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.

(e) To extinguish and prevent fires, and to establish, regulate and
control a fire department or division; 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 reconstruct-
ed any building, structure or addition thereto which by reason or dilapida-
tion, 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 con-
structed of stone, natural or artificial, concrete, brick, iron or other fire-
proof materials; and may enact stringent and efficient laws for securing
the safety of persons from fires in halls and buildings used for public as-
semblies, entertainments or amusements.

(f) To direct the location of all buildings for storing explosives or
combustible substances; to regulate the sale and use of gun powder, nitro-
glycerine, kerosene oil or other like materials; to regulate the discharge
of firearms, and the making of bonfires in the streets and yards; to
prohibit the sale and use of fireworks.

(g) 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.

(h) To provide for the preservation of the general health of the in-
habitants of the town, make regulations to secure the same, inspect all food-
stuffs and prevent the introduction and sale in the town of any article
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 to prevent and suppress disease generally ; to pro-
vide and regulate hospitals within or without the town limits, and if neces-
sary 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 construction and main-
tenance of a hospital or hospitals for the use of the people of the town.

§ 7. The town shall also have power:

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

(b) 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
game to such taxes, regulations and penalties as the council may think

roper.
P wes To prevent the riding or driving of horses or other animals at
an improper speed; to prevent the flying of kites, throwing of stones, o1
engaging in any sort of employment in the public streets which is danger-

ous or annoying to passersby, and to prohibit and punish the abuse of
animals.

(d) To control, regulate, limit and restrict in so far as not prohibited
by general law the operation of motor vehicles carrying passenger for
hire upon the streets or alleys of the town; to regulate the use of automo-
biles and other automotive vehicles upon the streets; to regulate the
routes in and through the town to be used by motor vehicle carriers oper-
ating in and through the town and to prescribe different routes for
different carriers; to prohibit the use of certain streets by motor trucks;
and generally to prescribe such regulations respecting motor traffic therein
as may be necessary for the general welfare.

(e) To exercise full police powers and establish and maintain a de-
partment or division of police.

(f) 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; to prevent and punish
lewd, indecent and disorderly exhibitions in the town; and to expel there-
from persons guilty of such conduct who have not resided therein as much
as one year.

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

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

§ 8. The town shall further have power:

(a) To prohibit begging, soliciting, or the peddling or hawking of
any article for sale on the streets of the town.

(b) To punish for contempt of court, releasing or attempting to
release a prisoner, or interfering in any manner with an officer in the ex-
ercise of his official duties.

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

(d) 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
regulation of the use of parks, playgrounds, playfields recreational facili-
ties, cemeteries, airports and other public property, whether located with-
in or without the town. For the purpose of enforcing such regulations
all town property wherever 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 shall 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 jurisdiction of all cases arising
thereunder without the town.

(e) 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; require tracks, poles, wires,
cables, pipes, conduits and bridges to be altered, removed or relocated
either permanently or temporarily; charge and collect compensation for
the privileges so granted and prohibit such use of the streets, alleys and
other public places of the town, and no such use shall be made of the
streets, alleys or other public places of the town without the consent of
the council.

(f) To prevent any obstruction of or encroachment over, under or in
any street, alley, sidewalk or other public place, provide penalties for
maintaining any such obstruction or encroachment; 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 occupant or occupants of the property so obstructing
or encroaching to remove the same; authorize encroachments upon streets,
alleys, sidewalks or other public places, subject to such terms and condi-
tions 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.

(g) To regulate, in the interest of public health, the production,
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; regulate the construction, installation,
maintenance and condition of all water and sewer pipes, connections,
toilets, water closets and plumbing fixtures of all. kinds; regulate the con-
struction and use of septic tanks and dry closets, and the sanitation of
swimming pools; compel the use of sewers, the connection of abutting
premises therewith, and the installation in such premises of suitable sani-
tary 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 regu-
lations necessary to preserve and promote public health and sanitation
and protect the inhabitants of the town from contagious, infectious or
other diseases. ~

(h) To regulate the light, ventilation, sanitation and use and occu-
pancy of buildings heretofore or hereafter constructed, altered, remodeled
or improved, and the sanitation of the premises surrounding the same.

(i) To enjoin and restrain the violation of any town ordinance, or
ordinances, although a penalty is provided for conviction of such violation.

§ 9. The town shall have further power:

(a) 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.

¢b) 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 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 Poquoson Planning Commission, as the council
designates in any regulations controlling the orderly subdivision of land
it may adopt before such plats or replats are filed for record or recorded
in the office of the Clerk of York County, Virginia.

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

ARTICLE III
ADMINISTRATION AND GOVERNMENT
§ 1. The administration and government of the town of Poquoson
shall be vested in a town council and such administrative officers as may
herein be provided. ,

§ 2. The town council.—The town council shall consist of five mem-
bers. For the purpose of electing the town council, the town of Poquoson
shall be divided into two precincts, Tabernacle precinct and Trinity pre-
cinct. The dividing line between said precincts may be established, located,
relocated or altered by ordinance of the town council. Tabernacle precinct
shall be entitled to two representatives on the town council and Trinity
precinct shall be entitled to two representatives on said town council. One
representative shall be nominated and elected at large and the representa-
tive at large shall be the town mayor.

Nominations and elections.—Any citizen who is a qualified
voter and a bona fide resident of the town of Poquoson may become a
candidate for the town council from the precinct in which he votes and
resides and any citizen who is a qualified voter and a bona fide resident
of the town of Poquoson, may become a candidate at large for the town
council irrespective of which precinct in which he may vote and reside.

§ All candidates for the town council shall be voted on by both
precincts. The candidate at large (mayor) receiving the highest number
of votes shall be elected and he shall be mayor of the town. The two can-
didates nominated from each of the precincts receiving the highest num-
ber of votes from the town at large shall be declared elected as town
councilmen.

§ 5. Candidates for the town council shall be nominated as provided
by law or by petition from each of the two precincts; to be nominated, a
candidate must secure the signatures of at least fifty qualified voters from
the precinct in which he resides and the petition shall be presented to the
proper election officials under the general election laws of the Common-
wealth as they may be amended from time to time with respect to general
elections, and the petitioner’s name shall be placed on a separate ballot to
be voted upon at the general election to be held in November, nineteen
hundred fifty-two, except as otherwise hereinafter provided.

§ 6. Candidates for the town council at large (mayor) shall be
nominated by petition which shall contain at least fifty signatures of
qualified voters from each of the two precincts and the petition shall be
Presented in the same manner as provided in § 5 of Article III of this
charter.

(a) The councilmen and councilman at large (mayor) elected at the
first called election held pursuant to court order shall hold office until
January 1, 1958, or until their successors be elected, qualify to serve and
take office.

§ 7. The town councilman at large (mayor) shall be elected at the
general election in November, nineteen hundred fifty-two. His term of
office shall commence on the first day of January, nineteen hundred fifty-
three, and he or his successor shall be elected each four years thereafter.

. The candidates for the town council from each of the two
precincts shall be elected and take office in the same manner as provided
in § 7 of Article IV of this charter, except that the two candidates nomi-
nated from each precinct receiving the highest vote from the town at
large shall be declared elected as town councilmen from their respective
precincts. The candidate receiving the highest number of votes shall
serve for a term of four years and the candidate receiving the second
highest number of votes shall serve for a period of two years. However,
the part of this provision which relates to the term of office shall apply
to the general election of nineteen hundred fifty-two, and thereafter, can-
didates for reelection or their successors shall serve for a term of four
years irrespective of the number of votes they may receive but in any
event the two candidates receiving the highest and second highest number
of votes shall be declared elected to the town council.

Vacancies in the council shall be filled within thirty days after
such vacancy or vacancies occur 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 election
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 appointee 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.

ARTICLE IV

POWERS OF THE COUNCIL

§ 1. 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 shall:

(a) Appoint the town administrative officers.

(b) Adopt a town budget.

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

(d) Appoint the trustees of the town school district and fill any
vacancies thereon.

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

(f) Provide, if it so desires, for the creation of a housing authority.

(g) Adopt and modify the official map of the town.

(h) Pass all laws and ordinances relating to its municipal affairs,
subject to the Constitution and general laws of the Commonwealth and of
this charter and may from time to time amend, reamend, or repeal any
or all of its ordinances for the proper regulation, management, and gov-
ernment of the town and impose fines and penalties for the violation or
nonobservance thereof.

(i) Compel the attendance of its members and to expel its members
for improper behavior and by vote of three-fifths of the whole council,
expel a member.

(j) Fix salaries and wages of all officers and employees of the town,
unless otherwise provided by this charter or by the general laws of the
Commonwealth.

(k) Require and secure such bonds for any of the town employees
as it may deem necessary.

(1) Keep a journal of its proceedings, which shall be open to public
inspection.

(m) Adopt its own rules of procedure.

§ 2. The Mayor.—The mayor of the town shall be the member
nominated and elected at large. He shall preside over the meetings of the
council, have the right to speak therein as other members and shall have
a vote but not a veto. He shall be a conservator of the peace within the
town and within one mile of its corporate limits; and shall have jurisdic-
tion to issue process for and try all cases for the violation of the town
ordinances, and impose such punishment or fines as may be prescribed
for violation of the same, subject to an appeal to the Circuit Court of
York County; or at the election of the council, by a majority vote, the
judicial powers of the mayor may be discharged by the trial justice as
herein provided for in this charter.

The council shall elect by majority vote a vice-mayor from one
of its members and the vice-mayor shall in the absence or disability of
the mayor perform all of the duties of that office.

§ 4. Compensation of council] members.—The salaries of the mayor
and councilmen shall be fixed by a commission appointed by the Circuit
Court of York County according to the procedure in § 15-488 et seq., Code
) .

§ 5. Rules of procedure.—The council is empowered, subject to the
provisions of this charter, to adopt its own rules of procedure. Such rules
shall provide for the time and place of holding regular meetings of the
council, which shall not be less frequently than one 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 con-
tain 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
unanimous consent of all of 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-fifths of the council, requires secrecy. A majority
of the council shall constitute a quorum for the transaction of business.

§ 6. Ordinances.—Except in dealing with questions of parliamen-
tary procedure the council shall act only by ordinance or resolution, 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 appropriations or other obligations and
appropriating the money to be raised thereby shall be confined to those sub-
jects respectively.

§ 7. The enacting clause of all ordinances passed by the council
shall be “Be it ordained by the council of the TOWN OF POQUOSON.”
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 dispensed 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 pro-
ceedings of the council and every ordinance or resolution shall require,
on final passage, the affirmative vote of at least three of the members.

§ 8. 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 three-fifths 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 passed.
| § 9. Every ordinance or resolution upon its final passage shall be
recorded in a book or kept for the purpose, and shall be authenticated by
the signature of the presiding officer and the town clerk.

§ 10. 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.
§ 11. Appointees.—At the first meeting in January following each
couneilmanic election, or as soon thereafter as practicable the council shall
appoint:

(a) A town manager, who shall be the administrative and executive
head of the municipal government. He shall be chosen by the council with-
out 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 within the town. He shall be appointed for an indefi-
nite period and shall hold office during the pleasure of the council. He
shall receive 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 per-
son 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 expira-
tion 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 admin-
istrative service solely through the town manager and neither the council
nor any member thereof shall give orders to any subordinate of the town
manager, either publicly or privately. The town manager shall have the
authority and it shall be his duty:

(1) To see that all laws, ordinances, resolutions, and by-laws of the
council are faithfully enforced.

(2) To appoint such officers and employees, as the council shall
determine and authorize as are necessary for the proper administration
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.

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

(4) To recommend to the council for adoption such measures as he
may deem necessary or expedient.

(5) 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.

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

(7) To make all contracts on behalf of the town pursuant to a reso-
lution or an ordinance of the council and to act as town purchasing agent.

(8) To supervise and control all encumbrances, expenditures and dis-
bursements to insure that budget appropriations are not exceeded.

§ 12. The couneil shall appoint a town treasurer, who may also be
the town manager for an indefinite term. He shall receive such compen-
sation as provided by the council. He shall have the following duties:

(a) To be the collector and custodian of all funds belonging 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.

(b) To have custody only in a fiduciary capacity of all investments
and invested funds of the town.

(c) 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 manager.

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

(e) To perform such other duties as may be prescribed or requested
by council.

§ The council shall appoint a town clerk, who may also be the
town manager for an indefinite term. He shall receive such compensation
as provided by the council. He shall have the following duties:

(a) To be the custodian of the corporate seal.

(b) To give notice of council meetings.

(c) To keep a journal of council proceedings.

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

(e) To serve as the commissioner of the revenue for the town; pre-
pare the land and property books and extend assessments; and assess all
license taxes required by ordinances.

(f) To prepare all statements for monies owed the town for supplies
or services rendered.

(gz) To perform such other duties as may be prescribed or requested
by the council.

§ 14. The council may appoint an attorney for the town for an
indefinite term, who shall be an attorney at law licensed to practice under
the laws of the Commonwealth and who shall have actively practiced his
profession therein for at least five years immediately preceding his
appointment and who 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:

(a) To be the legal advisor of the council, the town manager and
of all departments, boards, commissions and agencies of the town, includ-
ing the school board, in all matters affecting the interests of the town and
shall upon request furnish a written opinion on any question of law involv-
ing their respective official powers and duties.

(b) 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 intro-
duction and render his opinion as to the form and legality thereof.

(c) 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.

(d) 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.

§ 15. The council may appoint a police justice as provided in Article
VII, issuing justices as provided in Article VII, and fire department
officers, as provided in § 27-13 of the Code of Virginia.

ARTICLE V
FINANCIAL ADMINISTRATION

§ 1. 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.

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

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

(a) An itemized statement of the appropriations recommended with
comparative statements in parallel columns showing appropriations made
for the current and next preceding year.

b) An itemized statement of the taxes and/or utility service 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.

(c) A statement of the financial condition of the town and/ or
utilities.

(d) A budget message relative to the condition, reasons, etc., con-
nected with the estimates for the ensuing year together with a work pro-
gram showing the undertakings to be begun and those to be completed
during the next year. ,

(e). Such other information as may be requested by council.

§ 4. At the same time as in § 2 of this Article that the town man-
ager shall submit a general fund and/or utility budget he shall introduce
appropriation 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.

§ 5. <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 expendi-
ture in the budgets except that for debt service.

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.

§ 7. The council may, after referring to the town manager for a
recommendation, make additional appropriations during the fiscal year
upon the affirmative vote of four-fifths of the membership of the council.

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

§ 9. The capital budget shall contain a program previously acted
upon by the town planning commission, as provided in Article VII, 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 improvements 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
Article IV 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 prescribed for the adoption of
the general fund budget. No appropriation 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 aban-
doned, 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.

§ 10. Bids and purchases.—At least two bids shall be secured on
all purchases involving more than five hundred dollars and shall be ap-
proved by council. On purchases of less than five hundred dollars, for
which an appropriation has been made, the town manager may authorize
the expenditure without reference to council.

§ 11. 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, town attorney
and to the town manager. The auditors shall postaudit 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.

§ 12. Liens.—A lien shall exist on all real estate within the cor-
porate 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 rea] 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 provisions 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. AII
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 VI
SCHOOLS

§ 1. Creation of separate district.—The territory embraced within
the corporate limits of the town of Poquoson as hereinabove 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 First Corporate School District of York County, Virginia,
and shall be a separate and distinct unit within itself, in so far as the
Constitution of Virginia permits.

§ 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 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 town council
for the year of nineteen hundred fifty-two shall elect three school trustees
not later than the last day of July nineteen hundred fifty-two, all of whom
shall serve until the thirty-first day of December nineteen hundred fifty-
two. The town council also shall elect three trustees to serve on a perma-
nent basis as is provided for in this section. One such trustee shall be
elected for a three year term, one for a two year term and one for a one
year term, all appointments commencing January one, nineteen hundred
fifty-three; and thereafter, the town council shall elect one trustee not later
than the fourth Monday in June of each succeeding year for a term of
three years from the first day of July following his election as provided
for in this section.

§ 3. The First Corporate School Board of the town of Poquoson.—
The trustees of the district shall be a body corporate under the name
and style of “The First Corporate School Board of the town of Poquoson’’
by which name it may sue and be sued, contract, and be contracted
with, and purchase, take, hold, lease, and convey school property, both
real and personal. The title to all after acquired 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.

§ 4. Supervision by division superintendent.—The school district
shall be under the supervision of the division superintendent of schools of
York County, Virginia.

§ 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 completed. 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 consti-
tute 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 herein-
before 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, respectively 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 members of the board, his attendance may be dispensed
with, except when matters pertaining to the division superintendent per-
sonally are under discussion, at which time he shall remain subject to
the call of the board. All meetings of the board shall be public meetings
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 furnish the town a corporate
surety bond conditioned upon the faithful 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.

Powers and duties.—The First Corporate School Board of
the town of Poquoson shall establish and maintain in the town of
Poquoson a general system of public free schools in accordance with
the requirements of the Constitution and the general educational policy
of the Commonwealth for the accomplishment of which purpose it shall
have the following powers and duties.

(a) To explain, enforce, and observe the school laws, and to make
rules for the government of the schools, and for regulating the conduct
of pupils going to and returning therefrom.

(b) 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.

(c) To employ teachers on recommendation of the division superin-
tendent and to dismiss them when delinquent, inefficient or in anywise
unworthy of the position; provided, that the schoo] board shall not employ
or pay any teacher from the public school funds unless the teacher shall
hold a certificate in full force, according to the provisions of § 22-204 of
the Code of Virginia and provided, 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 Commonwealth on the
relation of the town of Poquoson; such funds when recovered shall
be paid into the town treasury for the use of the public schools.

(d) To suspend or expel pupils when the prosperity and efficiency
of the school make it necessary.

(e) 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.

(f) To establish high schools and such other schools as may, in its
Judgment, be necessary to the completeness and efficiency of the school
system.

(zg) To see that the census of children required by § 22-223 of the
Code of Virginia is taken within the proper time and in the proper manner.

(h) To hold regular meetings and to prescribe when and how special
meetings may be called.

§ 7. Such town school board shall have power: (a) To call meetings
of the people of the town for consultation in regard to the school interests
thereof, at which meetings the chairman or some other member of the
board shall preside if present.

(b) 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.

(c) 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.

(d) 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, the school furniture and appliances, for necessary textbooks for
indigent children attending the public free schools, and for any other
expenses attending the administration of the public free school system,
0, far as the same is under the control or at the charge of the school
officers.

(e) To examine all claims against the school board, and when ap-
proved, 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-chairman
of the board and countersigned by the clerk or deputy clerk thereof,
payable to the person or persons, firm or corporation entitled 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... 0 FN A 0) ne 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 designated 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.

(f) To submit its budget estimates to the town manager for trans-
mittal to the council no later than the tenth day of March of each year
in the form prescribed by the State Board of Education. 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 discre-
tion the sums appropriated 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 accordance
therewith. The school board shall, before the beginning of the fiscal year,
file with the town treasurer its budget as finally revised and its appropria-
tions based thereon. The school board shall have the power to order,
during the course of the fiscal year, transfers from one item of appropria-
tion to another, notice of which shall be transmitted immediately to the
town treasurer.

(zg) To appoint one of its members to represent the First Corporate
School District on the York County School Board.

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

§ 8. For the benefit of the First Corporate School District the
county school board shall require the county treasurer to pay over to the
town treasurer, when properly bonded, the following funds to be used for
school purposes of the First Corporate School District.

(a) From the amount derived from the county levy and/or appro-
priations for school purposes, a sum equal to the pro rata amount from
such levy or approprations derived from the town of Poquoson.

(b) 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.
_ (c) The amounts due from the county to the First Corporate School
District from special State school funds to be determined in accordance
with the purposes for which the allocations are made.

§ 9. (a) The First Corporate School District of York County may
be abolished, as provided in § 22-43.1 of the Code, and the territory
embraced within the corporate limits of the town of Poquoson shall then
constitute a part of the Poquoson School District which embraces the
Poquoson Magisterial District and the term of office of the members of the
board of trustees of the First Corporate School District will be terminated
as of the date on which the abolition of said school district becomes effec-
tive as hereinafter provided.

(b) Prior to the abolition of First Corporate School District as
provided herein the board of trustees of the district and the town council
of the town of Poquoson shall provide for the disposition of the real and
personal property, if any, of the First Corporate School District and
the board of trustees of such district, and for the payment of any out-
standing 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. .

(c) The foregoing provisions of this act shall not become effective
unless and until (a) the school board of First Corporate School District
and (b) the town council of the town of Poquoson shall have approved
the abolition of said district in the manner hereinafter set out. If the
school board of the First Corporate School District deem it advis-
able and expedient to abolish the district, it shall so declare by a resolution
setting forth the reasons for desiring to abolish the same, which resolu-
tion shall be duly recorded in the minutes of the meeting of the board,
and the First Corporate School Board shall certify a copy of the resolu-
tion of the town council of the town of Poquoson. Before acting on
the resolution of the board, the town council of Poquoson shall first
publish the same once a week for four successive weeks in some newspaper
of general circulation in the town of Poquoson, together with a notice
of a special meeting of the town council of the town of Poquoson to
consider the abolition of the First Corporate 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 First Corporate 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 § 9 of this act shall be and thereafter remain in full force and effect.

(d) The repealing provisions of this act shall in no way affect the
right of the town of Poquoson to have representation on the School Board
of York County; and in event the First Corporate School District is
abolished as herein provided for the purpose of being operated as a
separate school district under the town school board of three members,
that thereupon the territory embraced within the then present corporate
limits of Poquoson is hereby constituted a special school district for
the purpose of representation on the county school board of York County.
The town council shall then appoint a resident of the town of Poquoson,
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
cla pall hold office thereafter until his successor is appointed and
qualified.

(e) If and when the abolition of said district is effected as herein-
above provided, then §§ 1 through 8, and their respective subsections of
this Article shall become ineffective.

§ 10. If the town school board and the county school board are
unable to agree upon any matter affecting their joint interest, each board
shall appoint one of its members to a committee of arbitration: such two
appointees shall select a third person but if they are unable to agree the
judge of the circuit court of the county shall upon request appoint a third
person to serve with the two above referred to. Such committee of three
shall have power to decide any matter as to which such board could not
agree, but an appeal to either party aggrieved as a matter of right shall
be to the Circuit Court of York County.

ARTICLE VII
ADMINISTRATION OF JUSTICE

§1. There is hereby created the office of police justice for the town.

§ 2. Said police justice shall be appointed by the council, at its first
meeting in December, nineteen hundred fifty-two, and at its first meet-
ing in September every two years thereafter, for a two year term unless
sooner removed by the council upon proven charges preferred for mal-
feasance or misfeasance, neglect of duty, or incompetency. Said justice
shall remain in office until his successor is appointed and qualified. Before
entering upon the discharge of duties as police justice, the person so
appointed shall subscribe to 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 Poquoson, 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 provided
for the discharge of his duties as mayor, in addition to such salary as may
be provided for the police justice.

§ 3. 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 pre-
requisite to his authority to act. The substitute police justice shall receive
for on services such per diem compensation as may be prescribed by
council.

§ 4. The police justice is hereby vested with original and exclusive
jurisdiction in criminal matters involving a violation of any ordinance
of the town of Poquoson, Virginia, which violation occurs within the
corporate limits of said town, or within one mile thereof. Such police
justice shall not exercise the jurisdiction 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.

§ 5. Appeals from the decision of the police justice shall be as pro-
vided in §§ 16-102 to 16-107, inclusive, 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 York County,
Virginia. Should a warrant be issued charging a violation of a town ordi-
nance 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 York 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 violation of State law and had been issued by a person
authorized to issue State warrant. 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 jurisdiction to issue original warrants charging
violation of town ordinances; to issue subpoenas or to issue and/or try
any other processes incidental to the jurisdiction herein granted; power to
admit to bail prior to trial in cases involving violation of town ordinances,
or to admit to bail subsequent to trial, upon an appeal; power to take bond
as a 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
Poquoson and for one mile beyond the corporate limits thereof.

§ 6. A salary to compensate the police justice shall be fixed by the
town council. The council may also appoint such clerk or clerks as may,
in their discretion, be necessary, and require of such clerk or clerks such
bond as it may deem proper, provide just compensation therefor and pro-
vide necessary records.

§ 7. Nothing herein contained shall be construed 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 repealed by council, then the provisions of § 16-129.1 shall
automatically become operative.

§ 8. Nothing contained in this charter relating to the issuance of
warrants shall be construed as effecting or altering the provisions of
§ 16-5, Code of 1950.

§ 9. (a) There is hereby created the office of Issuing Justice for the
town of Poquoson.

(b) The council shall appoint at its first meeting in December, nine-
teen hundred fifty-two, and its first meeting in December every two
years thereafter, for a two-year term unless 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 qualified voters within the town and who already may be
employees of any department of the town.

(c) The issuing justices so appointed shall have power to issue war-
rants 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 returnable before the police justice for action thereon.

(d) 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.

§ 10. (a) The police justice shall assess such fines and impose such
punishment for violation of any ordinance 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 exceed the amount assessable under the general laws of the
State for similar service incident to the trial of criminal cases.

(b) 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 VIII
PLANNING, ZONING, AND SUBDIVISION CONTROL

§ 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 development of the town to
promote health, safety, morals, comfort, prosperity, and the general wel-
fare. The master plan may include but shall not be limited to the
following:

(a) The general location, character and extent of all streets, high-
ways, avenues, boulevards, roads, lanes, alleys, walks, parks, squares, play-
fields, playgrounds, recreational facilities, stadia, swimming pools, air-
ports and other public places or ways, change of use or extension thereof.

(b) The general location, character and extent of all public build-
ings, schools and other public property and of utilities whether publicly
or privately owned, off street parking facilities, and the removal, reloca-
tion, vacating, abandonment, change of use, alteration or extension thereof.

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

§ 2. 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.

§ 3. Organization and expenditures of planning commission.—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 reelection, 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 resolu-
tions, transactions, findings and determinations, which record shall be a
public record. Four members 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 consult-
ants for services it may require. All expenditures shall not exceed the
sums appropriated by the council therefor.

§ 4. Powers and duties of the planning commission.—The town
planning commission shall have the following powers and duties:

(a) To make and adopt a master plan which with accompanying
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 commission 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 coordinated, 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 development.

(b) To act as a zoning commission as provided in Section I, Subsec-
tion 1, Article IX. ,

(c) 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.

(d) 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 communities and the com-
mission may by resolution, pay the reasonable traveling expenses incident
to such attendance or visit from funds appropriated for the use of the
commission.

(e) To prepare and revise annually a program of capital improve-
ment 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 recom-
mendations, 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. |

(f) To make an annual report to council concerning its activities.

(g) 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, relocation 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.

§ 5. 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 geographical or topographical divisions
of the town or with functional subdivisions of the subject matter of the
plan, and may adopt 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 circulation 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 majority 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 York County who shall file the same
in his office.

§ 6. Legal status of master plan.—Whenever the commission 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 te 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 submitted 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 Article
VIII shall be adopted until it has been submitted to and approved by the
commission. In case of disapproval in any of the instances enumerated
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 three-fifths of its entire membership. The failure of the com-
mission to act within sixty days from the date of the official submission
to it shall be deemed approval. The widening, extension, narrowing, en-
largement, 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 over-
ruled. The foregoing provisions of this section shall not be deemed to
apply to the pavement, repavement, reconstruction, improvement, drainage
or other work in or upon any existing street or other existing public way.

§ 7. Zoning powers.—In addition to the powers granted elsewhere
in this charter the council shall have the power to adopt by ordinance a
comprehensive zoning plan designed to lessen congestion 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 concentration of population, facilitate public and
private transportation and the supplying of public utility services and
sewage disposal, 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:

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

(b) It may restrict the height, area and bulk of buildings and struc-
tures in the district.

(c) 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.

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

(e) It may prescribe the area of lots and the space in buildings that
may be occupied by families. _—

(f) It may require that spaces and facilities deemed adequate by the
council shall be provided on lots for parking of vehicles 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.

(zg) It may provide that land, buildings and structures and the uses
thereof which do not conform to the regulations and restrictions pre-
scribed 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 maintained in their then structural condi-
tion; 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 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 reasonable period of time to be specified in
the ordinance.

§ 8. Uniformity of regulations.—The regulations and restrictions
shall be uniform and shall apply equally to all land, buildings and struc-
tures and to the use and to each class or kind thereof throughout such
district but the regulations and restrictions applicable in one district may
differ from those provided for other districts.

Effecting and changing of regulations.—The council shall pro-
vide for the manner in which such regulations and restrictions and the
boundaries of such districts shall be determined, established and enforced,
and from time to time amended, supplemented or changed. However, no
such regulation, restriction or boundary shail 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 proposed
change in, or amendment or supplement to, any such regulation, restric-
tion, 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 report 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 circula-
tion, 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 included in each proposed change, or of those
adjacent in the rear thereof, or of those directly opposite thereto, such
amendment shall not become effective except by the favorable vote of three-
fifths of all the members of the council. The provisions of this section
relative to public hearings and official notice shall apply equally to all
changes and amendments.

The town planning commission acting as the zoning commission shall
recommend the boundaries of the various original districts and appropriate
regulations to be enforced therein. Such commission shall make a pre-
liminary report or reports and hold public hearings thereon before sub-
mitting its final report, and the council of the town of Poquoson shall
take such action on said preliminary report or reports, and also on the
final report of the commission, as it shall deem necessary.

§ 10. 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 safe-
guards, 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 contained.

(a) The board of zoning appeals shall consist of five members, 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
appointments shall be for a term of three years.

(b) The board shall select a chairman, a vice-chairman, and a
secretary, and shall adopt rules in accordance with the provisions 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 imme-
diately filed in the office of the board, and shall be a public record.

(c) 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 trans-
mit 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, unless the officer from whom the appeal 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 certifi-
cate 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 restrain-
ing 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.

(d) 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.

11. Powers of board of zoning appeals.—The board shall have
the following powers:

(a) To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by an administra-
tive official in the enforcement of this act or any ordinance adopted pur-
suant thereto.

(b) 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.

. (ec) 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 enforcement 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
one.

§ 12. Decisions by the board of zoning appeals.—In exercising 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 affirmative vote of three members of the board shall be neces-
sary to reverse any order, requirement, decision or determination of the
administrative 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.

§ 13. Appeals from decisions of board of zoning appeals.—(a)
Any person or persons, jointly or severally, aggrieved by any decision 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 decision 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.

(b) 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 member of the board. The issuance of the
writ shall not stay proceedings upon the decision appealed from but the
court may, on application, notice to the board and due cause shown, issue
a restraining order. The board shall not be required to produce the
original record and documents but it shall be sufficient to produce certified
or sworn copies thereof or of such portions thereof as may be required
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.

(c) 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 contrary to law or is arbitrary and
constitutes an abuse of discretion the court shall affirm the decision. If
the court finds that the testimony of witnesses is necessary for a proper
disposition of the matter it may hear evidence.

§ 14. 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 struc-
ture is used in violation of any ordinance adopted in accordance with
§ 1, Article IX, 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.
§ 15. Penalties for violations.—Said regulations shall be enforced
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 condition found to exist in viola-
tion of any provision of the regulations made under authority of this or
the preceding section. Any person convicted of violating any rule or regu-
lation 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. .

§ 16. Subdivision controlIn order to provide for the orderly sub-
division of land within the town 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 hereinafter provided. Such regu-
lations 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 existing 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 making 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 any amount and with surety or conditions satisfac-
tory to the council or its designated agents, providing for and securing to
the council, the actual construction and installation of such improvements
and utilities within a period specified by the council or designated agents.

§ 17. Hearings on subdivision ordinance.—The council shall not
adopt or amend any ordinance establishing such regulations and restric-
tions 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 publi-
cation, and the place at which persons affected may appear before the
council and present their views.

Adoption of subdivision regulations.—After hearing as above
provided the council may adopt by ordinance any such regulations 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 restrictions applicable in any area out-
side 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 Commonwealth.

§ 19. 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 York County.
§ 20. Making and approval of plats —Any owner or any proprietor
of any tract of land situated within the corporate limits of the town of
Poquoson, who subdivides the same shall cause a plat of such sub-
division, with reference to known or permanent monuments, to be made
and recorded in the office of the clerk of the Circuit Court of York County.
No such plat of subdivision shall be recorded unless and until it shall have
been submitted and approved by the town council or its designated agent
in accordance with regulations adopted under this act and so certified by
the person authorized to make such certificate.

§ 21. 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 sub-
division has been approved as provided in the preceding section and has
been recorded in the office of the clerk of the Circuit Court of York County.

§ 22. 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
devoted to public use further than is reasonably necessary to construct,
reconstruct, repair, operate and maintain such works.

§ 23. Vacation of recorded plats—Any plat or part thereof re-
corded may be vacated, with the consent of the council or the governing
body of the county wherein the land lies or both where the plat has been
approved by both, by the owners thereof any time before the sale ef any
lot therein, by a written instrument declaring the plat to be vacated which
shall be duly executed, acknowledged and recorded in the clerk’s office
wherein the plat to be vacated is recorded. The execution and recordation
of the instrument shall operate to destroy the force and effect of the
recording 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 applica-
tion 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.

§ 24. Violation of subdivision regulations.—In case of any viola-
tion 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 constitute 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 fifty dollars, and each day after
the first, during which violation shall continue, shall constitute a separate
violation.

§ 25. Present master plan, comprehensive zoning plan, and sub-
division regulations.—Portions of the master plan, and the comprehen-
Sive 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 portion 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 vari-
ance with the provisions of this article they shall be deemed to be amended
in accordance with the provisions of this article.

ARTICLE IX
GENERAL PROVISIONS

§ 1. Officers to hold over until their successors are appointed and
qualified—Whenever under the provisions of this charter any officer
of the town or member of any board or commission 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.

§ 2. Present county ordinances and rules and regulations con-
tinued in effect.—All ordinances of the county of York, and all rules,
regulations and orders legally made by any duly constituted authority
empowered to pass such ordinances, and make such rules and regulations,
insofar as they or any portion thereof are not inconsistent herewith, shall
remain in force until amended or repealed in accordance with the provi-
sions of this charter.

§ 3. General powers.—The town of Poquoson and all the officers
thereof elected or appointed in accordance with the provisions 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.

§ 4. Citation of act.—This act may for all purposes be referred to
or cited as the town of Poquoson, Charter of 1952.

2. 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 invalid, said judgment shall not
affect, impair or invalidate the remainder of said act, but shall be con-
fined in its operations to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which said judgment shall
have been rendered. ,

8. Before this charter shall become effective, as to incorporation of the
town, the same shall be submitted for ratification or rejection, to the
qualified voters residing within the proposed corporate limits of the
town of Poquoson at a special election to be held on the first Tuesday
in May, nineteen hundred fifty-two. The charter shall be published once
a week for at least two successive weeks prior to the election in some
newspaper having general circulation within the proposed corporate limits
of the town of Poquoson. The election shall be called and held, and
the results thereof ascertained and certified as provided in § 24-141 of the
Code of Virginia. An election shall be held on the second Tuesday in June
1952, for the election of town councilmen, including a mayor, who shall
serve until January 1, 1953, and the charter shall become effective on
July 1, 1952.

4. An emergency exists and this act is in force from its passage insofar
as providing for an election is concerned; if the results of such election
be for incorporation such emergency shall exist and the remainder of this
act shall be in force thereafter.