CHAPTER 578

An Act to provide a new charter for the City of Danville, Virginia; and
to repeal Chapter 262 of the Acts of Assembly of 1889-90, approved
February 17, 1890, which provided a charter for said city, and
amendments thereof.

[H 567]

Approved April 3, 1952
Be it enacted by the General Assembly of Virginia:
CHAPTER I
INCORPORATION, BOUNDARIES AND POWERS

§ 1. Incorporation.—The inhabitants of the territory comprised
within the limits of the City of Danville, as the same now are or may
hereafter be established by law, shall continue to be a body politic and
corporate under the name of the City of Danville and as such shall have
perpetual succession, may sue and be sued, contract and be contracted with
and may have a corporate seal which it may alter, renew or amend at its
pleasure.

§ 2. Boundaries.—The boundaries of the city shall be as described
in the Act of the General Assembly approved April 20, 1903, found in
Chapter 162 at page 237 of the Acts of Assembly of 1903 as enlarged by
the decree of the Circuit Court of Pittsylvania County entered June 1,
1907 in the annexation proceeding styled the City of Danville versus
Pittsylvania County and as enlarged by the decree of the Circuit Court of
Pittsylvania County entered November 18, 1932 in the annexation pro-
ceedings styled the City of Danville versus Pittsylvania County, and as
enlarged by the decree of the Circuit Court of Pittsylvania County entered
July 25, 1947 in the annexation proceeding styled the City of Danville
versus Pittsylvania County, and as enlarged by the decree of the Circuit
Court of Pittsylvania County entered November 25, 1950 in the annexation
proceeding styled the City of Danville versus Pittsylvania County, which
said decrees are respectively recorded in the Clerk’s Office of the Corpora-
tion Court of Danville, Virginia, in Deed Book 74 at page 264, in Deed
Book 152 at page 345, in Deed Book 217 at page 462 and in Deed Book 247
at page 98.

8 8. Administration.—The administration and government of the
said city shall be vested in the Council of the City of Danville as herein-
after constituted, and in such other boards and officers as are hereinafter
mentioned, or may be by law or the Council otherwise provided. And it
shall continue to consist of nine wards until such time as it may be sub-
divided into additional wards in the manner prescribed by law.

All contracts and obligations of the City of Danville heretofore made
by the present Council and government, while in office, not inconsistent
with this Charter and the general laws and Constitution of the State, shall
be and are hereby declared to be valid and legal obligations of the City
of Danville.

§ 4. Powers of the City.—In addition to the powers mentioned in
the preceding section, the said city shall have power:

_(1) To raise annually by taxes and assessment in said city on all
subjects the taxation of which by cities is not forbidden by general law,
such sums of money as the council herein provided for shall deem necessary
for the purposes of said city, and in such manner as said council shall deem
expedient, in accordance with the Constitution and laws of this State, and
of the United States.

(2) The Council may impose a tax of one dollar per annum upon
each male and female resident of the city above the age of twenty-one
years.

(3) The council may impose a tax upon all corporations located in
the city, or having their principal office therein, or doing business within
the city, and not exempted by law from taxation. It may impose a tax on
merchants, commission merchants, traders, lawyers, physicians, dentists,
bankers, brokers, manufacturers, hotel keepers, keepers of eating houses;
agents for the transaction of any taxable business; and any cooperative
association, group or corporation organized under Chapter 14 of Title 13
of the Code of Virginia or organized for the purpose of the sale of leaf
tobacco at public auction or otherwise; and the council may impose a tax
upon any other business, trade, persons, or employment, whether such busi-
ness, trade, person or employment be herein specifically enumerated or not,
and whether any tax be imposed thereon by the State or not unless prohib-
ited by general law. As to all such business, trade, persons or employment,
the council may lay a direct tax, or may require a license therefor, as may
be most expedient and proper, under such regulations as it may prescribe,
and levy a tax thereon.

(4) The council may require licenses of owners of vehicles of all kinds
for the privilege of using the streets, alleys and other public places in the
city, require taxes to be paid on such licenses and to prohibit the use of
streets, alleys and other public places in the city without such license.

(5) The council may subject any person who, without having obtained
a license therefor, shall do any act or follow any employment or business
in the city for which a license may be required by ordinance to such fine
or penalty as it is authorized to impose for violation of any of its laws.

(6) All goods and chattels wheresoever found may be distrained and
sold for taxes 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. ,

(7) There shall be a lien on real estate for the city taxes assessed
thereon from the commencement of the year for which they are assessed.
The collector of taxes of said city may distrain and sell therefor, in like
manner as a sergeant or city treasurer or other collector may distrain
and sell for state taxes, and shall have in other respects, like power to
enforce the collection of all taxes and assessments properly placed in his
hands for collection.

The council may require the real estate in said city which is delinquent
for the nonpayment of taxes to be sold for the same, with interest thereon
and such per centum as it may prescribe for charges and expenses of sale
and collection, and may regulate the terms on which real estate may be
sold or redeemed; provided, that such sales shall be made after the manner
prescribed by general law.

The council of the city of Danville may provide by ordinance now in
force, or hereafter adopted, for the collection of city taxes and levies on
real estate and tangible personal property in installments, at such times,
with such penalties for delinquent payments, and with such interest at not
exceeding the rate of six per centum per annum upon the principal and
penalties of all such taxes and levies, or installments thereof, from the
date such taxes or installments thereof respectively become due, as may
from time to time be fixed and prescribed by ordinance.

Should the collector of the city taxes, or other person designated to
receive same, fail to collect and pay over the said taxes at the time
prescribed by the council, he and the sureties on his bond given for the
faithful discharge of his duties, their executors and administrators, shall
be liable therefor and the same may be collected or enforced by motion
or action or other remedy prescribed by general law before the Corporation
Court of the city of Danville.

(8) (a) The council shall have the power, in lieu of the means and
methods prescribed by law, to provide by ordinance for the annual assess-
ment and reassessment and equalization of assessments of real estate
for local taxation and to that end shall elect as assessor or assessors, one
or more persons, to assess or reassess for taxation the real estate within
the city of Danville, and to prescribe the duties and terms of office of
Said assessor or assessors.

(b) All such real estate shall be assessed at its fair market value and
as of the first day of January of each year such assessor or assessors
shall have the same authority as the assessors appointed under the provi-
sions of the Code of 1950, and shall be charged with duties similar to
those thereby imposed upon such assessors, except that such assessments
or reassessments shall be made annually and the assessments and reassess-
ments so made shall have the same effect as if they had been made by
assessors appointed under the provisions of the Code of 1950. Said annual
assessments or reassessments shall be completed by said assessor or
assessors by the thirty-first day of August of the year in which they are
made. Taxes for each year on such real estate shall be extended on the
basis of the last assessment made prior to such year, subject to such
changes as may have been lawfully made.

(c) The term of such assessor or assessors shall be indefinite, and
any vacancy or vacancies, however, occurring, shall be filled by the coun-
cil. The council shall likewise fix the compensation of any such assessor
or assessors, provided such clerical or other assistance as may be neces-
sary, and provide for the payment of such salaries and other expenses as
may be properly incident to the work involved. And all such salaries, ex-
penses and other costs incurred in connection with such assessment or
reassessment shall be paid out of the treasury of the city.

(d) That notwithstanding any provision of §§ 58-895—58-902 and
Paragraph 58-914 of the Code of 1950, the Corporation Court of the
city of Danville, Virginia, or the judge thereof in vacation shall, annually,
appoint for the City of Danville, a board of review of real estate assess-
ments to be composed of three members, who shall be freeholders of the
city for which they serve. The terms of such members shall commence
on their appointment and shall expire on the thirtieth day of November
of the year in which they are appointed, unless such terms are extended.
The court or the judge thereof in vacation may extend the terms of the
members of the board of review and shall fill any vacancy therein for
the unexpired term. The members of the board shall receive per diem
compensation for the time actually engaged in the duties of the board to
be fixed by the council of the City of Danville, and to be paid out of the
treasury of such city, and the council may limit the per diem compensa-
tion to such number of days as, in its judgment, is sufficient for the com-
pletion of the work of the board.

(e) Such board of review shall have and may exercise the power to
revise, correct and amend any assessment of real estate made by the
assessor in the year in which they serve, and to that end shall have all
powers conferred upon boards of equalization by §§ 58-903—58-912 of

the Code of 1950. Notwithstanding any provision of such sections, the

board of review may adopt any regulations providing for the oral presenta-

tion, with formal petitions or other pleadings or requests for review, and

looking _ the further facilitation and simplification of proceedings before
e board.

(f) That any person or any such city aggrieved by any assessment
made by the board of review may apply for relief in the manner provided
by §§ 58-1145—58-1151 of the Code of 1950.

(g) That this act shall not apply to the assessment of any real estate
assessable under the law by the State Corporation Commission.

(9) A tenant from whom payment of taxes on his landlord’s prop-
erty shall be obtained by distress or otherwise shall have credit for the
same against such person on account of his rent, unless by contract the
tenant is required to pay such taxes.

(10) To impose special or local assessments for local improvements
and enforce payment thereof; subject, however, to such limitations pre-
scribed by the Constitution of Virginia as may be in force at the time
of the imposition of such special or local assessments.

(11) Subject to the provisions of the Constitution of Virginia and of
Chapter XII of this Charter, to contract debts, borrow money and make
and issue evidences of indebtedness.

(12) To expend the money of the city for all lawful purposes.

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

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

(15) To grant financial aid to military units organized in the city
in accordance with the laws of the Commonwealth and to charitable or
benevolent institutions and corporations, including those established for
scientific, literary or musical purposes or the encouragement of agricultural
or mechanical arts, whose functions further the public purposes of the
city; provided that no appropriation for any of the purposes mentioned
shall be made unless two-thirds of all the members elected to the council
shall vote therefor.

(17) To make and maintain public improvements of all kinds, in-
cluding municipal and other public buildings, armories, markets, libraries,
hospitals, comfort stations or rest rooms and all buildings necessary or
appropriate for the use of the departments of fire and police; and to
establish a market or markets in and for said city for the sale of food-
stuffs, to appoint proper officers therefor; to provide suitable buildings
and grounds therefor and to make and enforce such rules and regulations
as shall be necessary to restrain and prevent huckstering, forestalling
and regrating, and for the purpose of regulating and controlling the sale
of fresh meats, seafood, farm and domestic products and all perishable
foods in said city; the council shall also have authority to confine the
sale of such articles or products to the public markets and public squares
provided by the city for that purpose, and shall have full power and
authority to regulate the same.

(18) To acquire, construct, own, maintain and operate, within and
without the city, places for the parking or storage of vehicles by the
public, which shall include but shall not be limited to parking lots, garages,
buildings and other land, structures, equipment and facilities, when in the
opinion of the council they are necessary to relieve congestion in the use
of streets and to reduce hazards incident to such use; provide for their
management and control by a department of the city 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 and conditions as the council may determine by ordinance; and
charge or authorize the charging of compensation for’ the parking or
storage for the vehicles or other services at or in such places.

(19) To acquire, construct, own, maintain and operate, within and
without the city airports and all the appurtenances thereof; provide for
their management and control by a department of the city government or
by a board, commission or agency specially established by ordinance for
the purpose; charge or authorize the charging of compensation for the
use of any such airport or any of its appurtenances; lease any appurten-
ance of any such airport or any concession incidental thereto or, in the
discretion of the council, lease any such airport and its appurtenances with
the right to all concessions thereon to, or enter into a contract for the
management and operation of the same with, any person, firm or corpora-
tion on such terms and conditions as the council may determine by
ordinance.

(20) To acquire, construct, own, maintain and operate, within and
without the city, stadia, arenas, swimming pools and other sport facilities,
provide for their management and control by a department of the city
government or by a board, commission or agency specially established by
ordinance for the purpose; charge or authorize the charging of compen-
sation for the use of or admission to such stadia, arenas, swimming pools
and other sport facilities, including charges for any services incidental
thereto; lease, subject to such regulations as may be established by ordi-
nance, any such stadium, arena, swimming pool or other sport facility or
any concession incidental thereto, or enter into a contract with any person,
firm or corporation for the management and operation of any such
stadium, arena, swimming pool and other sport facility, including the right
to all concessions incident to the subject of such contract, on such terms
and conditions as the council may determine by ordinance.

(21) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public highways, streets, alleys, boule-
vards and parkways, and to alter or close the same; to establish and
maintain public parks, playgrounds and other public grounds; to regulate
the use of all such highways, parks, public grounds and works; to plant
and maintain shade trees along the streets and upon such public grounds;
to prevent the obstruction of such streets and highways; to regulate the
operation and speed of all locomotives, cars and vehicles using the streets
or railroads within the city; to regulate the services to be rendered and
the rates to be charged by taxicabs and other public vehicles used for
hauling passengers for hire, including the number of such vehicles; to
regulate the use of the streets by public busses and to designate what
streets may be used by them.

(22) To acquire, construct and maintain and authorize the construc-
tion and maintenance of bridges, viaducts, subways or underpasses over
or under Dan River, or any other stream, creek, or ravine when any
portion of such bridge, viaduct, subway. or underpass is within the city
limits, and to charge or authorize the charging of tolls for their use by
the public, and to require compensation for their use by public utility,
transmission or transportation companies, except as the right to require
such compensation is affected by any contract heretofore or hereafter
made with the company concerned.

(23) To establish, in the manner hereinafter provided for, adjacent
to or near the lines of existing streets, on either or both sides thereof,
building lines, and to provide that no new buildings shall thereafter be
erected upon the property (hereinafter called the interlying property)
lying between said building lines and the street lines. Said building lines
may be established for the whole or any part of a street (but not less
than one block or the distance between two cross streets), as the council
may determine. Before any such lines shall be established, the council
shall cause to be published, for at least ten days, in some paper of general
circulation in the city, a notice addressed generally, but without naming
them, to the owners of the property on which building lines are proposed
to be established, stating that it is proposed to establish building lines
thereon and naming a day when a hearing will be had in respect thereof.
After said hearing the council may proceed to establish such lines, and
the recording of the ordinance establishing the same shall be copied by
the Clerk of the Council in a book to be kept for that purpose, and indexed
in the name of the street near which said building lines are to be estab-
lished, and thereafter all persons shall be deemed to be affected with
notice of the establishment of such lines, and no permits shall be granted
for the construction of any building on the interlying property.

But the ordinance establishing such lines shall become null and void
as against any owner of property objecting thereto, unless:

(a) When the interlying property shall be unoccupied by buildings,
the city shall, within five years after the passage of the ordinance estab-
lishing said lines, purchase the same or institute condemnation proceedings
for the acquisition thereof; or

b) When the interlying property is occupied, in whole or in part,
by buildings, the city shall, within sixty days after receipt of notice in
writing that the said buildings have been removed from said interlying
property (it being hereby made the duty of the said owner to give such
notice), purchase said interlying property or institute condemnation pro-
ceedings for the acquisition thereof, and thereafter complete its acquisi-
tion of property in said proceedings.

The rights of the city shall not be prejudiced by any defect in the
proceedings instituted under paragraphs (a) and (b) hereof, resulting
in their dismissal, if within thirty days after said dismissal new proceed-
ings shall be instituted for the same purpose.

(24) To construct and maintain, or aid in constructing and main-
taining, public roads, boulevards, parkways and bridges beyond the limits
of the city, in order to facilitate public travel to and from said city and
any property owned by said city and situated beyond the corporate limits
thereof, and to acquire land necessary for such purposes by condemnation
or otherwise.

(25) To establish and maintain a proper system of sewers and drains,
and make and construct sewers or public ducts through said city and to
extend the same beyond the limits of the city where deemed expedient,
and to allow and compel persons owning property abutting upon streets
in which said sewers or ducts are laid to connect their property with said
sewers or ducts upon such terms, in such manner and at such time as the
council may determine, and upon failure or refusal of such property
owner to so connect his property the council may by ordinance prohibit
the further or continued use or inhabitation of such property until such
connection is made; to regulate or prohibit certain connections to and
use of sewers; and to construct, maintain and operate within and without
the city sewage disposal works.

26) To cause the footways or sidewalks upon the then existing
streets of the city to be paved, repaved and repaired, at the expense of the
abutting owners or occupiers of the lots or parts of lots; provided the
assessment so imposed shall not be in excess of the peculiar benefits result-
ing therefrom to such abutting landowners; and in case they or either
of them shall neglect or refuse to pave, repave or repair the sidewalks
when required, it shall be lawful for the council to have the same paved,
repaved or repaired, and recover the expense thereof before the Trial
Justice or the Corporation Court, and in all cases where a tenant is
required to pave in front of the property in his or her occupation, the
expense of the paving so done shall be a good offset against so much of
the rent as he or she shall have paid toward such paving, but no tenant
shall be required to pay more for or on account of such paving than such
tenant may owe at the time of the commencement of said work, or as
may become due to the end of his or her tenancy, provided that no owner,
or occupier of a lot or lots in front of which paving is laid shall be required
to- repave or repair said footways or sidewalks, in whole or in part, at
their own expense oftener than once in five years.

(27) The city is vested with the fee simple title to the public streets,
alleys and public ways within the city. Any street, alley, lane or other
public place reserved in the division or subdivision into lots within the
corporate limits of the city by a plat or plan of record shall be deemed
and held to be dedicated to the public use and the council shall have
authority upon the petition of any person or corporation interested therein
to open such street, alley, lane or other public place or any portion of the
same. No agreement between, or release of interest by, persons or cor-
porations owning the lands immediately contiguous to any such street,
alley, lane or other public place whether the same has been opened or
used by the public or not, shall avail to operate to abolish such street,
alley, lane or other public place or to divest the interest of the public
therein or the authority of the council over the same; provided that any
plat or part thereof recorded may be vacated, with the consent of the
council, by the owners thereof at any time before the sale of 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. |

(28) To furnish all local public services; to purchase, hire, construct,
own, maintain and operate local public utilities, to acquire by condemnation
or otherwise, within or without the corporate limits, lands and other
property necessary for any such purposes.

(29) To own, operate and maintain, within and without the city,
water works, gas plants and electric plants with the pipe and transmission
lines incident thereto, for the purpose of supplying water and gas and
generating and supplying electricity, both within and without the city
and to charge and collect compensation therefor and to provide penalties
for the unauthorized use thereof; but the council of said city shall not
sell, lease, or on any terms grant and convey the electric, gas or water
works or plants with their distributing systems and their necessarily
appurtenant franchises and rights, which are property of said city, unless
at a special election held after a proposal to sell or lease said electric, gas
or water works plant or plants, as the case may be, and franchise or
franchises, shall have been published once a week for four successive weeks
in some newspaper published in said city of Danville, any proposal or vote
of said council to sell, lease, or grant and convey, as aforesaid, the same
shall have been approved by two-thirds of the qualified voters of said city
who vote in said election, which two-thirds shall include a majority of
the qualified voters owning real estate in said city and voting in such
election. Said special election may be ordered by the Judge of the Corpora-
tion Court of said city after an ordinance or resolution of said council
requesting him to so order, and it shall be held according to the law of the
Commonwealth for special elections. Each ballot used in said special
election shall contain that part of the following that shall be applicable to
the particular case;

For the sale, or lease, of the electric plant, or for the sale or lease of
the gas plant, or for the sale or lease of the waterworks plant, including
franchises and rights, as the case may be.
Against the sale or lease of the electric plant, or against the sale or
lease of the gas plant, or against the sale or lease of the waterworks plant,
including franchises and rights, as the case may be.

If said majority shall approve as aforesaid, said judge shall enter an
order accordingly; but if it shall disapprove, no other election for the same
purpose shall be held until one year after the date of said special election.

(30) To establish, impose and enforce water, gas, electric and sewer-
age rates and rates and charges for public utilities, or other service,
products or conveniences, operated, rendered or furnished by the city;
and to assess or cause to be assessed, water, gas, electric and sewerage
rates and charges against the proper tenant or tenants of such persons,
firms, or corporations as may be legally liable therefor; and the council
may by ordinance require a deposit of such reasonable amount as it may
by such ordinance prescribe before furnishing any of said services to any
person, firm or corporation; and said city may refuse to restore any such
services to any person, firm or corporation, after the same may have been
disconnected for any reason, unless and until such person, firm or corpora-
tion shall have fully paid to said city any unpaid amount or amounts owing
to said city by such person, firm or corporation for past utility services.

(31) Subject to the provisions of the Constitution of Virginia, to
grant franchises for public utilities.

(82) To collect and dispose of sewage, offal, ashes, garbage, carcasses
of dead animals and other refuse, and to acquire such lands and provide
and operate such facilities, whether within or without the city, as may be
necesary for the utilization or destruction or disposal of such materials,
or any of them.

(33) To regulate or prevent slaughter houses, junk yards or other
noisome or offensive business within said city, the keeping of animals,
poultry or other fowls therein, or the exercise of any dangerous or
unwholesome business, trade or employment therein; to regulate the
transportation of all articles or materials through the streets of the city;
to compel the abatement of smoke, odors and dust; to prevent unnecessary
noise therein; to regulate the location of stables and the manner in which
they shall be kept and constructed, and generally to define, prohibit, abate,
suppress and prevent all things detrimental to the health, morals, comfort,
safety, convenience and welfare of the inhabitants of the city.

(34) To regulate the construction, maintenance and repair of build-
ings and other structures and the plumbing, electrical, heating, elevator,
escalator, boiler, unfired pressure vessel, and air conditioning installations
perm for the purpose of preventing fire and other dangers to life and

ealth.

(35) To provide for the protection of the city’s property, real and
personal, the prevention of pollution of the city’s water supply, and the
regulation of the use of parks, playgrounds, playfields, recreational facili-
ties, airports and other public properties, whether located within or with-
out the city. For the purpose of enforcing such regulations all city
property wherever located and for whatever purpose it may be used shall
be under the police jurisdiction of the city. Any member of the police
force of the city or employee thereof appointed as a special policeman shall
have power to make arrest for violation of any ordinance, rule or regula-
tion adopted pursuant to this Charter and the Trial Justice Court of said
city shall have jurisdiction in all cases arising thereunder within the city
and the Trial Justice Court of the County wherein the offense occurs shall
have jurisdiction of all cases arising thereunder without the city.

(36) To grant or authorize the issuance of permits under such terms
and conditions as the council may impose for the use of the streets, alleys,
and other public places of the city by railroads, buses, taxicabs and other
vehicles for hire; prescribe the location in, under or over, and grant per-
mits for the use of the streets, alleys and other public places for the
maintenance and operation of tracks, poles, wires, cables, pipes, conduits,
bridges, subways, vaults, 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 city, and no such use shall be made of the streets,
alleys and other public places of the city without the consent of the council.

(37) To regulate in the interest of the public health, the production,
preparation, distribution, sale and possession of milk, other beverages and
foods for human consumption, and the places in which they are produced,
prepared, distributed, sold, served or stored; to prevent the introduction
and sale in said city of any article or thing intended for human consump-
tion, which is adulterated, impure or otherwise dangerous to health, and
to condemn, seize and destroy or otherwise dispose of any such article or
thing without liability to the owner thereof; regulate the construction,
installation, maintenance and condition of all water and sewer pipes, con-
nections, toilets, water closets and plumbing fixtures of all kinds; regulate
the construction and use of septic tanks and dry closets, where sewers are
not available, and the sanitation of swimming pools and lakes; provide
for the removal of night soil, and charge and collect compensation for the
removal thereof; provide for the quarantine of any person afflicted with
a contagious or infectious disease, and for the removal of such person to
a hospital or ward specially designed for contagious or infectious diseases;
and make and enforce all regulations necessary to preserve and promote
public health and sanitation and protect the inhabitants of the city from
contagions, infections, or other diseases.

(38) To compel the removal of weeds from private and public
property and snow from sidewalks; the covering or removal of offensive,
unwholesome, unsanitary or unhealthy substances allowed to accumulate
in or on any place or premises; the erection of barriers or fences along the
street level of the portion of any lot adjacent to a street where the dif-
ference in level between the lot and the street constitutes a danger to life
and limb; the raising or drainage of grounds subject to be covered by
stagnant water; the razing or repair of all unsafe, dangerous or unsanitary
public or private buildings, walls, or structures which constitute a menace
to the health and safety of the occupants thereof or the public; and to
compel the abatement or removal of any and all other nuisances whatso-
ever. If after such reasonable notice as the council may prescribe by
ordinance the owner or owners, occupant or occupants of the property or
premises affected by the provisions of this section shall fail to abate or
obviate the condition or nuisance, the city may do so and charge and
collect the cost thereof from the owner or owners, occupant or occupants
of the property affected in any manner provided by law for the collection
of taxes.

(39) To regulate or prohibit the manufacture, storage, transporta-
tion, possession and use of explosives or inflammable substances and the
use and exhibition of fireworks and discharge of firearms.

(40) To regulate or prohibit the making of fires in the streets, alleys
and other public places in the city and to regulate the making of fires on
private property.

(41) To regulate or prohibit the running at large and the keeping
of animals and fowl and provide for the impounding and confiscation of
any such animal or fowl] found at large or kept in violation of such
regulations.

(42) To regulate the sale of goods, wares, and merchandise at auc-
tion; regulate the conduct of and prescribe the number of pawn shops and
dealers in second-hand goods, wares and merchandise; regulate or prohibit
the peddling or hawking of any article for sale on the streets of the city;
prevent fraud and deceit in the sale of goods, wares and merchandise;
require the weighing, measuring, gauging and inspection of goods, wares
and merchandise; require weights and measures to be sealed and subject
to inspection; and provide for the appointment of a sealer and one or more
weighmasters who shall perform such duties and functions as may be
prescribed by ordinance.

(43) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers; and to acquire lands
either within or without the city for such purposes.

(45) To establish, own, maintain and operate within or without the
city cemeteries for the interment of the dead, fix the price at which graves
and lots therein shall be sold, make contracts for their perpetual care and
establish the rates to be charged for the digging of graves, construction
of vaults and other services.

(46) To establish, maintain and operate, within or without the city,
a jail for the confinement of prisoners, ordered or sentenced to be confined
therein, and a jail farm; and compel able-bodied prisoners to work on such
farm, and in municipal service.

(47) To establish a system of pensions for injured, retired or super-
annuated city officers and employees, elective city officials and their em-
ployees, members of the police and fire departments, teachers and other
employees of the school board, judges, clerks, deputy clerks, bailiffs and
other employees of the municipal courts, and to establish a fund or funds
for the payment of such pensions by making appropriations out of the
treasury of the city; by requiring contributions payable from time to time
from such officers or employees, or by any combination of these methods
or by any other method not prohibited by law, provided that the total
annual payments and income into such fund or funds shall be sufficient on
sound actuarial principles to provide for the pensions to be paid therefrom,
and further provided that the benefits accrued or accruing to any person
under such system shall not be subject to execution, levy, attachment,
garnishment or any other whatsoever nor shall any assignment of such
benefits be enforceable in any court.

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

(49) To create, regulate and maintain a fire department for the city
and to prescribe the duties of said department and its officers.

(50) For the purpose of guarding against the calamities of fire, the
council may, from time to time, designate such portions and parts of the
city as it deems proper within which inflammable buildings may not be
erected. It may prohibit the erection of wooden buildings or buildings of
inflammable material in any portion of the city without its permission,
and may provide for the removal of such buildings or additions which
shall be erected contrary to such prohibition at the expense of the builder
or owner thereof; or if any building in process of erection or already
built appears clearly to be unsafe, the council may cause such building
to be taken down, after reasonable notice to the owner; and the council
may by ordinance divide the city into zones; specify the kind and character
of buildings which may be erected in the different zones; provide for the
disposition of waste; provide precautionary measures against danger from
fires; provide for the removal of buildings or structures of any kind,
erected in violation of ordinances, at the expense of builder or owner;
and may do all things lawful to be done looking to the health.and safety
of the inhabitants.

(51) 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 in any
manner provided by law for the collection of taxes; require the owner or
owners or the occupant or occupants of the property so obstructing or
encroaching to remove the same; pending such removal charge the owner
or owners of the property so obstructing or encroaching compensation for
the use of such portion of the street, alley, sidewalk or other public place
obstructed or encroached upon the equivalent of what would be the tax
upon the land so occunied if it were owned by the owner or owners of the
property so obstructing or encroaching, and, if such removal shall not be
made within the time ordered, impose penalties for each and every day
that such obstruction or encroachment is allowed to continue thereafter ;
authorize encroachments upon streets, alleys, sidewalks or other public
places, subject to such terms and conditions as the council may prescribe,
but such authorization shall not relieve the owner or owners, occupant or
occupants of the property encroaching, of any liability for negligence on
account of such encroachment; and recover possession of any street, alley,
sidewalk or other public place or any other property of the city by suit
or action in ejectment.

(52) The city shall have, for the purpose of carrying out any of its
powers and duties, power to acquire by gift, bequest, purchase or lease,
and to own and make use of, within and without the city, lands, buildings,
other structures and personal property, including any interest, right,
estate or easement therein, and in acquiring such property to exercise,
within and without the city, the right of eminent domain as hereinafter
provided in this Chapter; and to sell, lease or otherwise dispose of the
same.

(53) The city is hereby authorized to acquire by condemnation pro-
ceedings lands, buildings, structures and personal property or any interest,
right, easement or estate therein, of any person or corporation, whenever
in the opinion of the Council a public necessity exists therefor, which shall
be expressed in the resolution or ordinance directing such acquisition,
whether or not any corporation owning the same be authorized to exercise
the power of eminent domain, or whether or not such lands, buildings,
structures or personal property or interest, right, easement or estate has
already been devoted to a public use, provided, however, that the provi-
sions of § 25-233 or any other applicable section of the Code of 1950, as
amended, shall apply as to any property owned by a corporation possess-
ing the power of eminent domain that may be sought to be taken by con-
demnation under the provisions of this act, whenever the city cannot
agree on terms of purchase or settlement with the owners of the subject
of such acquisition because of incapacity of such owner, or because of the
inability to agree on the compensation to be paid or other terms of settle-
ment or purchase, or because the owner, or some of the owners, is a non-
resident of the State and cannot with reasonable diligence be found in the
State, or is unknown.

Such proceedings may be instituted in the Corporation Court of
Danville, if the subject to be acquired is located within the city, or, if it
not be located within the city, in the circuit court of the county in which
it is located. If the subject is situated partly within the city and partly
within any county the circuit court of such county shall have concurrent
jurisdiction in such condemnation proceedings with the court of the city
hereinbefore mentioned. The judge of the court exercising concurrent
jurisdiction shall appoint five disinterested freeholders, any or all of
whom reside either in the county or city, any three of whom may act as
Commissioners as provided by law.
(54) Land, buildings, fixtures and any property, real or personal,
owned by the city and situate outside the city, and used by the city for
the purpose of carrying out any of its powers and duties, shall be
exempt from taxation by the authorities of any county, city or town in
which the same may be located.

(55) The council may give names to or alter the names of streets
and shall have the right to direct that all houses on the respective
streets shall be assigned a number and require the property owner or
occupier to accept and display such number so assigned.

(56) Within the limits prescribed by the general laws of the Com-
monwealth, the council may require any railroad operating in the city to
provide, erect and maintain vertical arm gates on such railroad crossings
of streets as it may deem necessary.

(58) For the protection of the water supply of the city it may protect
from pollution, by proper penalties, the water in Dan River, by prohibiting
the throwing of filth or offensive matter therein for a distance of three
miles above the limits of the city, and may punish any offender by fine
or imprisonment, or both, or may enjoin any person from causing such
pollution.

(59) The city shall not take or use any private property for streets
or other public purposes without making just compensation therefor, but
when the city cannot obtain ground necessary for its purposes, it may
proceed to condemn the same in the method prescribed by law. No order
shall be made and no injunction shall be granted by any judge or court
of this Commonwealth to stay the proceedings of the city in the exercise
of any power granted it over its streets and highways unless it be mani-
fest it is exceeding its powers, and that the interposition of a court is
necessary to prevent injury which cannot be adequately compensated in
damages.

(60) To do all things whatsoever necessary or expedient for promot-
ing or maintaining the general welfare, comfort, education, morals, peace,
government, health, trade, commerce or industries of the city and its
inhabitants; and no injunction shall be awarded by any court or judge or
stay the proceedings of the city or any of its officers, employees or agents
in the exercise of any of their powers unless it be manifest that the city,
its officers, employees or agents are transcending the authority given
the city by this Charter and the general laws of the Commonwealth,
and also that the intervention of a court of equity is necessary to prevent
injury that cannot be compensated by damage.

(61) The council may vest in the Collector of City Taxes and Assess-
ments, the collector of Water, Gas and Electric rates, rents and charges
and in any other collector of license fees, rents and other sums due the
city which it may appoint, all powers which are now or may be hereafter
vested in county and city treasurers or which it may prescribe to enforce
collection by levy, distress or any other legal proceedings provided for
by general laws or by city ordinances. Any goods or chattels in the city
belonging to the person or estate liable for the taxes or levies, water, gas
and electric rates, rents or charges may be distrained therefor, in all
cases property liable hereunder to levy or distress may be subjected by
levy or distress in the hands of any person, except that goods or chattels
in the actual possession of a bona fide purchaser shall not be liable to
such levy, or distress, except for taxes assessed against the specific
property levied on.

No deed of trust, chattel mortgage or conditional sales contract upon
goods or chattels shall prevent the same from being distrained and sold
under distress warrant for taxes against the owner while such goods and
chattels remain in his possession nor shall any prior lien prevent the goods
and chattels subject thereto from being distrained and sold for taxes.
No landlord’s lien or distress for rent shall have priority over a
distress for taxes even though such landlord’s lien or distress is prior in
point of time to the levy made for the city. In any distribution of the
assets of any person, firm or corporation liable for city taxes, whether
actually distrained therefor or not, the sums due to the city shall have
priority over all claims of general creditors and over all liens thereon,
whether voluntary or created by operation of law; provided nothimg
herein contained shall be construed to affect general statutes regulating
the marshalling of assets of an insolvent decedent’s estate or those in
regard to the exemption of poor debtors.

(62) To make and enforce all ordinances, rules and regulations
necessary or expedient for the purpose of carrying into effect the powers
conferred by this Charter or by any general law, and to provide and
impose suitable penalties for the violation of such ordinances, rules and
regulations, or any of them, by fine not exceeding five hundred dollars or
imprisonment not exceeding twelve months, or both; the city may
maintain a suit to restrain by injunction the violation of any ordinance
notwithstanding such ordinance may provide punishment for its violation.
The enumeration of particular powers in this Charter shall not be deemed
or held to be exclusive, but in addition to the powers enumerated herein
or implied thereby, or appropriate to the exercise thereof, the city shall
have and may exercise all other powers which are now or may hereafter
be possessed or enjoyed by cities under the Constitution and general
laws of the Commonwealth not inconsistent with this Charter.

CHAPTER II
THE COUNCIL

There shall be a council which shall have full power and authority,
except as herein otherwise provided, to exercise all of the powers conferred
upon the city.

§ 1. Composition of Council_—The counci] shall consist of nine
members, who shall be elected on a general ticket at large, and shall
serve for a term of four years from the first day of September next fol-
lowing the date of their election and until their successors shall have been
duly elected and qualified. The members of the council in office at the
effective date of this Charter are hereby continued in office for the terms
for which they were elected. On the second Tuesday in June, 1952, there
shall be elected by the qualified voters of the City of Danville five council-
men and on the second Tuesday in June, 1954, there shall be elected four
councilmen, and on the second Tuesday in June in each succeeding two years
thereafter there shall be elected five or four councilmen as the case may be,
to fill the vacancies to be caused by the expiration of the terms of office of
the councilmen whose terms of office expire that year. No member of the
council shall during the tenure of his office and one year thereafter be
appointed to any office of profit under the government of the city. The
council shall be a continuing body, and no measure pending before such
body shall abate or be discontinued by reason of the expiration of the
term of office or removal of the members of said body or any of them.
The council may punish its members for misconduct and may compel the
attendance of members in such manner and under such penalties as may
be prescribed by ordinance. A majority of all the members of the council
shall constitute a quorum to do business, but a smaller number may
adjourn from time to time.

§ 2. Nominations of Candidates for Council.—Candidates for the
office of councilmen may be nominated by petition or under general law.
There shall be printed on the ballots used in the election of councilmen
the names of all candidates who have been so nominated. The require-
ments for nomination shall be:

(a) Any qualified voter of the city may be nominated by filing not
less than sixty days before such election, with the Clerk of the Corpora-
tion Court of Danville a petition signed by not less than fifty qualified
voters of the city, each signature to which has been witnessed by a person
whose affidavit to that effect is attached thereto, together with a notice
of candidacy required by the general laws of the Commonwealth relating
to elections.

(b) The petition shall state the name and the street address of the
residence of the person whose name is presented thereby as a candidate,
and the street address of the residence of the persons signing the same.
The requirements for nomination under general law shall be as therein
prescribed.

§ 2 (A). Conduct of General Municipal Election.—The ballots used
in the election of councilmen shall be without any distinguishing mark
or symbol. Each qualified voter shall be entitled to vote for as many
persons as there are vacancies to be filled, and no more; and no qualified
voter shall cast more than one vote for the same person. In counting the
vote any ballot found to have voted for a greater number of names for
the office of councilman than the number of vacancies in the council to
be filled shall be void, but no ballot shall be void for containing a less
number of names than is permitted hereby. The candidates equal in
number to the places to be filled, who shall receive the highest number
of votes cast in such election, shall be declared elected. The general laws
of the Commonwealth relating to the conduct of elections, so far as per-
tinent, shall apply to the conduct of a general municipal election.

§ 8. Vacancies.—Any vacancy in the council shall be filled by the
remaining members. No person shall be deemed to be elected unless he
shall have received at least five votes in his favor. If the council shall fail
to fill a vacancy in its membership within ninety days of the occurrence
of the vacancy, such vacancy shall be filled by appointment by the judge
of the Corporation Court of Danville.

§ 6. President. Vice-President.—On the first day of September,
1952, and on the first day of September, 1954, and on the first day of
September of every second year thereafter, or if such day shall fall on
Sunday, then on the following Monday, the newly elected council having
taken the oath of office as hereinafter provided, shall proceed to choose
by majority vote of all the members thereof, one of their number to be
president of the council and one to be vice-president for the ensuing two
years. The president shall preside at meetings of the council, and perform
such other duties consistent with his office as may be imposed by the
council. He shall be entitled to vote and speak as other members, but
shall possess no veto power. He shall be recognized as the head of the
city government for all ceremonial purposes, the purposes of military
law and the service of civil process. He may use the title of Mayor in any
case in which the execution of contracts or other legal instruments in
writing, or other necessity arising from the general laws of the state,
may so require; but this shall not be construed as conferring upon him
the administrative or judicial functions, or other powers or functions, of a
mayor, under the general laws of the state. , |

The vice-president shall in the absence or disability of the president
perform the duties of president, and if a vacancy shall occur in the office
of president, shall become president for the unexpired portion of the term.
In the absence or disability of both the president and vice-president the
council shall by majority vote of those present choose one of their number
to perform the duties of president.

§ 7. City Clerk.—The council shall appoint a City Clerk for an
indefinite term. He shall be the Clerk of the Council, shall keep the journal
of its proceedings and shall record all ordinances in a book kept for the
purpose. He shall be the custodian of the corporate seal of the city and
shall be the officer authorized to use and authenticate it. All records in his
office shall be public records and open to inspection at any time during
the regular business hours. He shall receive compensation to be fixed by
the council and all fees received by him shall be paid into the City
Treasury. He may appoint and remove, subject to approval of the council,
an Assistant City Clerk, who shall be authorized to act as City Clerk in the
absence or disability of the City Clerk and shall appoint and remove all
deputies and other employees in his office, and shall have such other powers
and duties as may be prescribed by this Charter or by ordinance. He may
also hold any other office or position in the city government to which he
may be appointed by the council or the City Manager.

§ 8 Induction of Members.—The first meeting of the newly elected
council shall take place in the council chamber in the Municipal Building
at twelve o’clock noon on the first day of September following their
election, or if such day shall fall on Sunday, then on the following Monday.
It shall be called to order by the City Clerk, who shall administer the oath
of office to the duly elected members. In the absence or inability of the
City Clerk, the meeting may be called to order and the oath administered
by the City Attorney. The first business of the council shall be the election
of a president and vice-president and the adoption of rules and of pro-
cedure. Until this business has been completed, the council shall not
adjourn for a period longer than forty-eight hours.

§ 9. Rules of Procedure.—The council shall have power, 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 once in each month.
They shall also provide for the calling of special meetings by the President
of the council, the City Manager or any three members of the council, and
shall prescribe the method of giving notice thereof, provided that the
notice of each special meeting shall contain a statement of the specific
item or items of business to be transacted, and no other business shall be
transacted at such meeting except by unanimous consent of all members
of the council present. ,

§ 10. Voting.—No ordinance, resolution, motion or vote shall be
adopted by the council, except at a meeting open to the public and, except
motions to adjourn, to fix the time and place of adjournment, and other
motions of a purely procedural nature, unless it shall have received the
affirmative votes of at least five members. All voting except on procedural
motions shall be by roll call and the ayes and noes shall be recorded in
the journal. No member of the council shall participate in the vote on any
ordinance, resolution, motion or vote in which he, or any person, firm or
corporation for which he is attorney, officer, director, employee or agent,
has a financial interest other than as a minority stockholder of a corpora-
tion or as a citizen of the city. No vote shall be rescinded or reconsidered
at any special meeting unless at such special meeting there be then present
as many members as were present when such vote was taken.

§ 11. Ordinances; When Required; Form.—In addition to such acts
of the council which are required by the Constitution and general laws
of the Commonwealth or by this charter to be by ordinance, every act
of the council creating, altering or abolishing any department or creating,
altering, assigning or abolishing any bureau, division, office, agency or
employment, fixing the compensation of any officer or employee of the
city, making an appropriation, authorizing the borrowing of money,
levying a tax, establishing any rule or regulation for the violation of
which a fine or penalty is imposed, or placing any burden upon or limit-
ing the use of private property shall be by ordinance.

§ 12. Procedure for Passing Ordinances and Resolutions.—An ordi-
nance or resolution may be introduced by any member or committee of
the council or by the City Manager at any regular meeting of the council
or at any special meeting when the subject thereof has been included in
the notice for such special meeting or been approved by the unanimous
consent of all members of the council present. Except as otherwise pro-
vided in this charter or by the general laws or Constitution of the Com-
monwealth, all ordinances and resolutions may be voted and passed at the
meeting in which they are introduced, and shall become effective upon
passage by the council.

§ 18. Ordinances requiring a two-thirds vote.—No ordinance impos-
ing taxes, authorizing the borrowing of money or appropriating money
exceeding the sum of ten thousand dollars shall be adopted unless it shall
have received the affirmative votes of two-thirds of all the members of
the council. An ordinance creating new departments in the city govern-
ment, combining or abolishing existing departments and distributing the
functions shall require for its adoption the affirmative vote of two-thirds
of all members elected to council; and all ordinances appropriating money
for the purposes mentioned in subsection (15) of § 4 of Chapter 1 of this
charter shall require such two-thirds vote.

§ 14. Ordinances required to Lie Over—No ordinance imposing
taxes or appropriating money in excess of five thousand dollars shall be
passed until after ten days from the introduction thereof; and no ordi-
nance authorizing the issuance of bonds shall be finally adopted unless it
shall have been introduced in the council at least ten days before its final
adoption.

§ 15. Record and Publication —Every ordinance or resolution upon
its final passage shall be recorded in a book kept for that purpose, and
shall be authenticated by the signatures of the presiding officer and the
City Clerk. All ordinances and resolutions of the council may be read in
evidence in all courts and in all other proceedings in which it may be
necessary to refer thereto, either from a copy thereof certified by the City
Clerk or from the volume of ordinances printed by authority of the council.

§ 16. Officers Elective by Council.—In addition to the election of a
City Clerk and a President and Vice-President as provided for in this
charter, the council shall also elect a City Manager, a City Attorney, a
Director of Finance, a Tax Assessor or Assessors. The said council shall
also appoint the members of such boards and commissions as may be pro-
vided for by ordinance, not inconsistent with this charter.

§ 17. Appointments and Removals.—The council in making appoint-
ments and removals shall act only by affirmative vote of at least five
members.

§ 18. Investigations.—The council and the City Manager, or either
of them, shall have power to make investigations as to city affairs, and
for that purpose the council, or the City Manager when authorized by
council, shall have power to subpoena witnesses, administer oaths, and
compel the production of books and papers. Any person refusing or failing
to attend, or to testify, or to produce such books and papers, may by
summons issued by the council or the City Manager be summoned before
the Trial Justice of said city, and upon failure to given satisfactory
explanation for such failure or refusal, may be fined by the Trial Justice
not exceeding one hundred dollars or imprisoned not exceeding thirty
days, such person to have the right to appeal to the Corporation Court
of the city. Any person who shall give false testimony under oath at any
such investigation shall be liable to prosecution for perjury.

§ 19. General Disqualifications—No member of the council, or
member of the School Board, or any other officer or agent of the city,
during the term for which they are elected or appointed, shall be a con-
tractor or subcontractor with the city, or its agents, nor shall they be
interested, directly or indirectly, in any contract, subcontract, or job of
work, or materials, or the profits or contract price thereof, or any services
to be performed by the city, for pay under any contract or subcontract;
and no such councilman, school board member, officer or employee shall
be interested, directly or indirectly in any contract, subcontract, or job
of work, or materials or the profits or the contract price thereof, or services
to be furnished or performed by the city for pay under any contract or
subcontract; nor as agent for such contractor or subcontractor, or other
person furnishing any supplies, or materials. Every such contract or sub-
contract shall be void, and the officer, councilman or agent making such
contract shall forfeit to the Commonwealth the full amount stipulated for
thereby.

The term, “contract”, as used in this section shall not be held to
include the depositing of the funds of the city, or the borrowing of funds
from local banks in which councilmen or other officers of the city may have
a stock interest; nor shall it include the granting of franchises to or
purchase of services from public service corporations; nor shall anything
in this section be deemed to preclude or prevent a councilman, member of
the school board, or any other officer or agent of the city during the term
for which they are elected or appointed from dealing with the city as a
contractor or subcontractor for pay when such dealings are pursuant to
competitive bidding for the job of work, materials or services to be
performed for the city.

§ 20. Removal of Councilmen and Members of Boards appointed by
the Council for Specified Terms.—Any member of the council or any
member of a board, including the School Board, appointed by the council
for a specified term may be removed by the council, but only for mal-
feasance in office or neglect of duty. From the decision of the council
an appeal shall lie to the Corporation Court of Danville. Any officer,
elective or appointive, or employee of the city, who shall be convicted by
a final judgment of any court from which no appeal has been taken or
which has been affirmed by a court of last resort on a charge involving
moral turpitude shall forfeit his office or employment.

CHAPTER III
OTHER ELECTIVE OFFICERS

§ 1. Election of other officers.—There shall be elected by the quali-
fied voters of said city, on the Tuesday after the first Monday in November,
1953, and quadrenially thereafter, the following officers: one attorney for
the Commonwealth, one Commissioner of the Revenue, one city Sergeant
and one city Treasurer, who shall hold their offices for the term of four
years from the first day of January ensuing their election and until their
successors are duly elected and qualified, unless sooner removed from
office; and there shall be elected by the qualified voters of said city on the
Tuesday after the first Monday in November, 1953, and every eight years
thereafter, one Clerk of the Corporation Court of Danville, whose term
shall begin and end as is now or may hereafter be prescribed by the
General Assembly of the Commonwealth; and there shall be elected by the
qualified voters of said city on the Tuesday after the first Monday in
November, 1955, one High Constable, who shall hold his office for the
term of two years from the first day of January ensuing his election, and
on the Tuesday after the first Monday in November, 1957, and quadrenially
thereafter the qualified voters of said city shall elect one High Constable
who shall hold his office for the term of four years from the first day of
January ensuing his election and until his successor is duly elected and
qualified, unless sooner removed from office.

§ 2. Powers and Duties of Elective Officers.—The powers and duties
of the officers named in the preceding section shall be as defined in the
Constitution and general laws of the Commonwealth and in this Charter,
or as fixed by ordinance not inconsistent therewith.

§ 8. Compensation of Elective Officers.—The council may supple-
ment the compensation fixed by the general laws of the Commonwealth
to the Commonwealth’s Attorney, the Commissioners of the Revenue, the
City Treasurer, the Clerk of the Corporation Court and the City Sergeant;
and said officers may appoint one or more assistants or deputies, provided
the council sees fit to make the necessary appropriation for the compensa-
tion of such assistants or deputies.

8 4. Attorney for the Commonwealth; Duties.—In addition to such
duties as imposed by the general laws of the Commonwealth, the Attorney
for the Commonwealth shall prosecute the violations of all city ordinances,
both in the trial justice court and upon appeal, and shall notify the City
Attorney nm all such prosecutions in which the validity of a city ordinance
is attacked.

CHAPTER IV
CITY MANAGER

8 1. Appointment and Qualifications—There shall be a City Man-
ager, who shall be the chief executive officer of the city and shall be
responsible to the council for the proper administration of the city govern-
ment. He shall be appointed by the council for an indefinite term. He shall
be chosen solely on the basis of his executive and administrative qualifica-
tions, with special reference to his actual experience in or knowledge of
accepted practice in respect to the duties of his office. At the time of his
appointment he need not be a resident of the city or the Commonwealth,
but during his tenure of office he shall reside within the city. During the
absence or disability of the City Manager the council shall designate some
properly qualified person to perform his duties.

§ 2. Power of Appointment and Removal.—The City Manager shall
appoint for an indefinite term, except as otherwise provided in this
Charter, the heads of all departments and all other officers and employees
of the city. The City Manager shall have power to remove any officer or
employee appointed by him. All department heads appointed by the City
Manager shall obtain the approval of the City Manager for assistants,
division heads and supervisory employees appointed by them.

8 8. Council not to Interfere in Appointments or Removals.—Neither
the council nor any of its members shall direct the appointment of any
person to or his removal from any office or employment by the City
Manager or by any of his subordinates. Except for the purpose of enquiry,
the council and its members shall deal with the administrative services
solely through the City Manager, and neither the council nor any member
thereof shall give orders publicly or privately to any subordinate of the
City Manager. Nothing herein contained, however, shall be construed as
prohibiting any councilman from discussing with the City Manager any
appointment or removal.

8 4. Duties and Powers.—The City Manager shall be responsible to
the council for the efficient administration of all affairs of the city. He
shall have power and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

(b) To exercise supervision and control over all administrative
departments and divisions created herein, or that may be hereafter
created by the council, except as otherwise provided for in this Charter.
(c) To attend all regular meetings of the council, with the right to
take part in the discussion, but having no vote. He shall be entitled to
notice of all special meetings.

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

(e) To make and execute all contracts on behalf of the city except
as may be otherwise provided in this Charter or by ordinances passed in
pursuance thereof.

(f) To prepare and submit to the council the annual budget, after
receiving estimates made by the heads or directors of the departments, or
of any board or commission not within a department.

(g) To keep the council at all times fully advised as to the present
and future physical needs of the city.

(h) To perform all such other duties as may be prescribed by this
Charter, or be required of him by ordinance or resolution of the council.

§ 5. Relations with Boards and Commissions.—The City Manager
shall have the right to attend and participate in the proceedings of, but
not vote in, the meetings of all boards and commissions created by this
Charter or by ordinance.

CHAPTER V
ADMINISTRATIVE DEPARTMENTS

§ 1. Creation of Departments.—The following administrative de-
partments are hereby created:

(a) Department of Law.

(b) Department of Public Works.

(c) Department of Utilities.

(d) Department of Public Health.

(e) Department of Finance.

The council may by ordinance adopted by an affirmative vote of two-
thirds of its members, create new departments or subdivisions thereof,
combine or abolish existing departments, and distribute the functions
thereof, or establish temporary departments for special work.

§ 2. Qualifications of Department Heads.—The Director of each
department shall be chosen on the basis of his general executive and admin-
istrative ability and experience, and of his education, training and
experience in the class of work which he is to administer.

8 8. Responsible to City Manager.—The Directors of the several
departments except the department of law and the department of finance
shall be immediately responsible to the City Manager for the administra-
tion of their respective departments, and their advice, in writing, may be
required by him on all matters affecting their departments. They shall
make reports and recommendations concerning their departments at stated
intervals, or when required by the City Manager, under such rules and
regulations as he may prescribe.

CHAPTER VI
DEPARTMENT OF LAW

§ 1. City Attorney.—There shall be a department of law which
shall consist of the City Attorney and such Assistant City Attorneys and
other employees as may be prescribed by ordinance.

§ 2. Qualifications and Appointment of City Attorney.—The head
of the department of law shall be the City Attorney. He shall be an
attorney at law licensed to practice under the laws of the Commonwealth
and shall have actively practiced his profession therein for at least five
years. He shall be appointed by the council for an indefinite term and
shall be responsible to the council for the administration of the depart-
ment of law.

§ 3. Power and Duties of City Attorney.—The City Attorney shall:

(a) Be the legal advisor of the council, the City Manager and of
departments and boards and agencies of the city in all matters affecting
the interests of the city, and shall upon request furnish a written opinion
on any question of law involving their respective official powers and duties.

(b) At the request of the City Manager or a member of the council,
prepare ordinances for introduction and at the request of the council or
any member thereof shall examine ordinances after introduction and
render his opinion as to the form and legality thereof.

(c) Draw or approve all deeds, leases, contracts, bonds or other
instruments to which the city is a party or in which it has an interest.

(d) Have the management and control of all law business of the
city and the departments thereof or in which the city has an interest, and
represent the city as counsel in any civil case in which it is interested;
and in criminal cases in which the constitutionality or validity of a city
ordinance is brought in issue.

(e) Institute and prosecute all legal proceedings he shall deem neces-
sary to protect the interests of the city.

(f) Attend the regular meetings of the council, unless excused for
good cause by the President, in which case he may assign one of his
assistants to attend such meetings, if he has an assistant.

_ (g) Appoint and remove, with the consent of Council, such Assisant
City Attorneys and other employees as shall be authorized by the council,
and authorize the Assistant City Attorneys or any of them or special
counsel to perform any of the duties imposed upon him in this Charter.

(i) Have such other powers and duties as may be assigned toyhim
by ordinance.

CHAPTER VII
DEPARTMENT OF PUBLIC WORKS

§ 1. Department of Public Works.—There shall be a department of
public works, which shall consist of the Director of Public Works and
such other officers and employees organized into such units or divisions
as may be provided by ordinance or by the orders of the Director with
the approval of the City Manager.

§ 2. Qualifications and Appointment.—The Director of the depart-
ment of Public Works shall be by profession an engineer who has had
experience in the field of Engineering. He shall be appointed by the City
Manager for an indefinite term.

The Director of Public Works shall perform such duties as may be
prescribed by ordinance and such other duties relating to his department
as may be required of him by the City Manager. He shall appoint and
remove, subject to the provisions of Chapter IV of this Charter all offieers
and employees of the department and shall have power to make rules and
regulations, by and with the consent of the City Manager, consistent with
this Charter and the ordinances of the city for the conduct of its business.

CHAPTER VIII
DEPARTMENT OF PUBLIC UTILITIES

§ 1. Department of Public Utilities—There shall be a Department
of Public Utilities which shall consist of the Director of Public Utilities
and such officers and employees organized into such bureaus, divisions
and other units as may be provided by ordinance or by the orders of the
Director consistent therewith.
§ 2. Functions——The Department of Public Utilities shall be re-
sponsible for: (a) the operation of the water, gas and electric utilities of
the city, including street lighting; (b) the collection of all charges for the
services of such utilities; (c) the installation and maintenance of electric-
ally controlled traffic signs and signals; (d) until otherwise provided by
ordinance, the enforcing of all laws and ordinances relating to the
installation of electric wiring and electrical devices, and the examining
and licensing of electricians; and (e) such other powers and duties as may
be assigned to the department by ordinance.

§ 8. Director of Public Utilities - Qualifications and Appointment.—
The head of the Department of Public Utilities shall be the Director of
Public Utilities. He shall be a person trained and skilled in public utility
problems and shall have had at least five years’ experience in public
utility operation or administration. He shall be appointed by the City
Manager for an indefinite term.

§ 4. Director of Public Utilities - Powers and Duties.—The Director
of Public Utilities shall have general management and control of the
several divisions, units or bureaus of the department. He shall appoint
and remove, subject to the provisions of Chapter IV of this Charter,
all officers and employees of the department and shall have the power
to make rules and regulations, with the consent of the City Manager,
consistent with the Charter and the ordinances of the city for the conduct
of its business.

§ 5. Bureau of Billing and Collection.—There shall be a Bureau of
Billing and Collection in the Department of Public Utilities, which shall
be responsible for the collection of all charges for the use of water, gas
and electricity and other services incident thereto. The collection of
unpaid bills may be enforced in the manner now or hereafter prescribed
by ordinance.

§ 6. Each Utility a Separate Enterprise.—The water, gas and electric
utilities shall each be conducted as a separate enterprise, provided that
nothing herein shall prevent the transfer of employees from one utility
to another or the division of the time of any officer or employee between
two or more of such utilities.

CHAPTER IX
DEPARTMENT OF PUBLIC HEALTH

§ 1. Department of Public Health.—There shall be a Department
of Public Health which shall consist of the Director of Public Health and
such other officers and directors and employees organized into such
bureaus, divisions or other units as may be provided by ordinance or by
the orders of the Director consistent therewith.

§ 2. Functions.—The Department of Public Health shall be respon-
sible for: (a) enforcing all laws and ordinances and aH lawful rules and
regulations of the department as hereinafter provided, relating to the
preservation and promotion of public health and sanitation: (b) the
protection of the inhabitants of the city from contagious, infectious and
other diseases; (c) the abatement of nuisances detrimental to public
health; (d) the operation of laboratories and the furnishing of medical
aid and care to the indigent; (e) the conducting of clinics, nursing and
educational services for the preservation and promotion of public health;
(f) the collecting of morbidity and vital statistics; and (g) such other
powers and duties as may be assigned to the department by ordinance.

§ 8. Director of Public Health—Qualifications and Appointment.—
The head of the Department of Public Health shall be the Director of
Public Health. He shall be a graduate of an approved medical school.
He shall be appointed by the City Manager for an indefinite term.
§ 4. Director of Public Health—Powers and Duties.—The Director
of Public Health shall have general management and control of the several
bureaus, divisions and other units of the department. He shall appoint
and remove, subject to the provisions of Chapter IV of this Charter, all
officers and employees of the department.

§ 5. Director of Public Health—Further Powers and Duties.—The
Director of Public Health shall further have all the powers and duties
with respect to the preservation of the public health which now are or
may hereafter be conferred or imposed on municipal boards of health
and health officers by the laws of the Commonwealth, as well as all the
powers and duties conferred or imposed on him by this Charter and the
ordinances of the city. He shall have power, with the approval of the
City Manager, to make rules and regulations for the preservation of the
public health, not inconsistent with the laws of the Commonwealth and
the ordinances of the city, which shall have the force of law. The penalties
tor the violation of any such rules and regulations shall be fixed by
ordinance.

CHAPTER X
DEPARTMENT OF FINANCE

§ 1. Department of Finance.—There shall be a Department of
Finance which shall consist of the Director of Finance and such other
officers and employees organized into such bureaus, divisions and other
units as may be provided by ordinance or by the orders of the Director
consistent therewith.

§ 2. Director of Finance—Qualifications and Appointment.—The
head of the Department of Finance shall be known as the Director of
Finance. He shall be a person skilled in municipal accounting and financial
control. He shall be appointed by the council for an indefinite term. He
shall give such bond as required by council.

§ 3. Director of Finance—Powers and Duties.—The Director of
Finance shall have general management and control of the several divi-
sions and other units of the department. He shall appoint and remove
the employees of the department and shall have power to make rules and
regulations, consistent with this Charter and the ordinances of the city
for the conduct of its business. He shall have charge of the administration
of the financial affairs of the city and to that end shall have authority and
be required to:

(a) Cooperate with the City Manager in compiling estimates for the
current expense and capital budgets.

(b) Supervise and control all encumbrances, expenditures and dis-
bursements to insure that budget appropriations are not exceeded; and
keep the council advised as to the financial needs of the city.

(c) Require at such intervals as he may deem expedient, a report
of receipts from each of the departments, boards, commissions, agencies,
and he may prescribe the times at and the manner in which moneys
received by them shall be paid to the City Treasurer or deposited in a
city bank account under his control.

(d) Examine all contracts, purchase orders and other documents,
except bonds and notes authorized as provided in Chapter XII, which
create financial obligations against the city, and approve the same only
upon ascertaining that money has been appropriated and allotted therefor.

(e) Audit for payment, for legality and correctness, all accounts,
claims and demands against the city, and no money shall be drawn from
any bank account of the city except by warrant or check countersigned by
the Director of Finance, based upon a voucher duly approved by him as
above provided.
(f) Submit to the City: Manager and to the council, not later than
the tenth day of each month, a statement showing receipts and disburse-
ments of the city and each utility for the preceding calendar month.

(g) Prepare and submit to the City Manager and to the council as
soon as practicable after the end of each fiscal year, for the preceding
year, a complete financial statement and report of the financial transac-
tions of the city.

(h) Designate, with the approval of the council, an employee of the
Department of Finance as Deputy Director of Finance, who during the
temporary absence or incapacity of the Director of Finance shall have
and perform all the powers and duties conferred or imposed upon the
Director of Finance. In lieu of the designation of an employee of the
Department of Finance to so act, the council shall have authority to
designate the City Manager to act as such Deputy Director of Finance.

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

§ 4. Division of Accounting and Control.—There shall be a Division
of Accounting and Control of which the Director of Finance shall act as the
head unless and until the council shall authorize by ordinance the Director
of Finance to appoint another head. It shall be the duty of this division
to maintain a general accounting system for the city.

§ 5. Division of Purchasing.—There shall be a Division of Purchas-
ing, the head of which shall be the Director of Finance. It shall be the
duty of this division to purchase all supplies for the city, except the fol-
lowing: scientific instruments and equipment, medicines and drugs, legal
and scientific books and periodicals, and printing of legal briefs; manu-
scripts, maps, charts, books, pamphlets and periodicals, when ordered by
any City Library, and such perishable articles as may be designated in
any rules and regulations established by ordinance; and sell all personal
property of the city that may have been declared useless by the director of
a department. The division shall have charge of such store rooms of
the city as may be provided by ordinance, in which shall be stored all
supplies and materials purchased by the city and not delivered directly
to the various departments, and it shall be the duty of this division to
inspect or cause to be inspected all supplies delivered to determine quality
and quantity and conformity to specifications. The Services of the Divi-
sion of Purchasing shall be available to the School Board whenever it
wishes to make use thereof.

§ 6. Competitive Bidding.—Before making any purchase or sale in
excess of two hundred and fifty dollars the Division of Purchasing shall
give opportunity for competition, all proposals to be upon precise specifi-
cations. Whenever practicable, the Division of Purchasing shall furnish
standard specifications and invite bids or proposals on the basis thereof.

In cases of emergency purchases may be made without competition, if
a sufficient appropriation has theretofore been made against which said
purchases may be lawfully charged. In such cases the requisition issued
by the respective department for which the purchase is made shall contain
a certificate by the head of such department stating the facts constituting
the emergency.

§ 7. Agencies, boards, commissions and offices.—All agencies,
boards, commissions and offices of the city may be required by ordinance,
except where prohibited by the general laws of the Commonwealth, to
make their purchases and sales through the Division of Purchasing under
the provisions of this charter concerning sales and purchases.

8 8. Council may appoint City Manager as Acting Director of
Finance.—Whenever a vacancy occurs in the office of Director of Finance,
pending the appointment of the Director of Finance, the council may
appoint the City Manager to act as head of the Department of Finance
until a Director is chosen and appointed.

§ 9. City Treasurer—The City Treasurer shall be elected at the
time and in the manner and for the term provided in Chapter III of this
Charter, and shall give such bond as required by the council. He shall be
the custodian of all public money of the city, and of all other money coming
into his hands as City Treasurer, and shall be vested with any and all
powers which now or hereafter may be vested in such City Treasurer as
collector of state taxes. He shall keep and preserve such moneys in such
banks or trust companies as may be selected by him, subject to the right
of the council to require that such moneys on deposit be secured by such
banks by the pledge of appropriate collateral. He shall perform such other
duties, have such powers and be liable to such penalties as are now or may
hereafter be prescribed by law or ordinance. He shall have custody of all
investments and invested funds of the city or in its possession in a fiduciary
capacity, unless otherwise provided by this Charter or by law, ordinances
or the terms of any trust, and the safekeeping of all bonds and notes of
the city and the receipt and delivery of city bonds and notes for transfer,
registration and exchange.

§ 10.—Commissioner of the Revenue.—The Commissioner of the
Revenue shall be elected at the time, in the manner and for the term pro-
vided in Chapter III of this Charter and shall give bond in such sum as
the council may by ordinance prescribe. He shall perform such duties
not inconsistent with the laws of the Commonwealth in relation to the
assessment of property and the assessment of licenses as may be required
by the council in the assessment of license taxes or other taxes for the city.
He shall make such reports in regard to the assessment of both property
and licenses, or either, as may be required by the council or by the Director
of Finance. He shall perform such other duties as may be required by
ordinance.

§ 11. The City Collector.—The City Collector shall be appointed by
the City Manager for an indefinite term. It shall be his duty to collect all
taxes, assessments and penalties of the city and all sums owing to the
city except where otherwise provided for by this Charter or ordinances.
He shall perform such other duties as may be required by ordinance. He
shall deposit to the credit of the City Treasurer all funds on hand in such
banks or trust companies as may be designated by the City Treasurer;
and shall give such bond as required by ordinance.

CHAPTER XI
THE BUDGET

§ 1. Preparation and Submission of the Budget.—At least sixty days
before the end of each fiscal year, the City Manager shall prepare and
submit to the council for its consideration an annual budget for the ensuing
fiscal year, based upon detailed estimates furnished by the several depart-
ments and other divisions of the city government according to a classifica-
tion as nearly uniform as possible. The budget shall present such other
information as may be prescribed by ordinance. At least thirty days
before the end of each fiscal year the City Manager, after collaboration
with the council, shall have the budget completed and ready for introduc-
tion at a regular or special meeting of the council.

§ 2. Publication; Hearing.—A brief synopsis of the budget shall be
published in a newspaper or newspapers having general circulation in the
city, and notice given of a public hearing. After the conclusion of the
public hearing the council may insert new items of expenditures or may
increase, decrease or strike out items of expenditure in the budget, except
that no item of expenditure for debt service or required to be included by
this Charter or other provision of law shall be reduced or stricken out.

§ 8. Annual Appropriation.—Prior to the end of each fiscal year the
council shall pass an appropriation ordinance which shall be based on the
budget submitted by the City Manager; and shall levy such tax for the
ensuing fiscal year as may be necessary to meet the appropriations made
and all sums required by law to be raised for account of the city debt. The
total amount of appropriations shall not exceed the estimated revenues of
the city.

§ 4. Fiscal Year.—The fiscal year uf the city shall begin on the first
day of January and shall end on December the thirty-first ; unless otherwise
provided by the council by ordinance.

CHAPTER XII
BORROWING

§ 1. Borrowing Power.—The council may, in the name and for the
use of the city, incur indebtedness by issuing its negotiable bonds or notes
for the purposes, in the manner and to the extent provided in this Chapter.

§ 2. Purposes for which Bonds or Notes may be issued.—(a) To
finance capital expenditures, or for the purpose of financing the payment
of any sum or compensation which the city may be required to pay by
order of any court heretofore or hereafter made in annexation proceedings
pursuant to Chapter eight of Title Fifteen of the Code of Virginia, 1950,
or the payment or funding or refunding of any indebtedness or bonds or
other obligations assumed by the city in such annexation proceedings.
Bonds and notes in anticipation of bonds when the issue of bonds has
been authorized as hereinafter provided, may be issued for the purpose
of financing the whole or any part of the cost of any capital improvement
project which is hereby defined to include: any public improvement or
utility which the city is authorized to undertake, including the acquisition
of any property, real or personal, incident thereto, the construction or re-
construction in whole or in part of any building, plant, structure or facility
necessary or useful in carrying out the powers of the city, and the equip-
ment or reequipment of the same.

(b) To anticipate the collection of revenue. Notes may be issued,
when authorized by the council, at any time during the fiscal year in
anticipation of the collection of revenue of such year.

§ 8. Limitations on Indebtedness.—In the issuance of bonds and
notes the city shall be subject to the limitations as to amount contained
in § 127 of the Constitution of the Commonwealth.

§ 4. Notes in Anticipation of Bonds and Revenues.—Whenever an
issue of bonds for any capital improvement project has been authorized by
the council, the Director of Finance when authorized by ordinance, shall
have power to issue notes of the city in anticipation of such bonds, for
the purpose of defraying the whole or any part of the cost of such project.
Such notes in anticipation of bonds shall be authenticated by the signature
of the Director of Finance and shall mature not later than twelve months
after the date of issue. They shall be paid at maturity from the proceeds
of the sale of the bonds in anticipation of which they have been issued.
Notes in anticipation of revenue shall be authorized by the council by
ordinance. They shall be authenticated by the signature of the Director
of Finance, shall not exceed in the aggregate $500,000 issued and outstand-
ing at any one time, and shall mature not later than twenty-four months
after the date of issue. If not paid at maturity, the amount of such unpaid
notes shall be included as an appropriation in the budget for the ensuing
year. The said notes may be disposed of by public or private negotiations.
§ 5. Form and Term of Bonds.—All bonds shall be in serial form
payable, as consecutively numbered, in annual installments, the first of
which shall be payable not more than two years from the date of issue
of such bonds and no such installment shall be more than five per cent in
excess of the smallest previous installment. Bonds shall be authenticated
by the manual signature of the Director of Finance and shall bear the
facsimile signature of the President of the council as Mayor and the
facsimile signature of the City Treasurer and a facsimile of the seal of
the city attested by the facsimile signature of the City Clerk. Interest
coupons transferable by delivery shall be attached to the bonds and shall
be authenticated by the facsimile signature of the City Treasurer. All
bonds shall be made payable within the probable period of usefulness of
the improvement or undertaking on account of which they are to be issued,
or, if the bonds are to be issued for several improvements or undertakings,
within the average probable period of usefulness of such improvements
or undertakings. In the case of a bond issue for several improvements
or undertakings having different probable periods of usefulness the council
shall determine the average of said periods, taking into consideration the
amount of bonds to be issued on account of each purpose, and the period
so determined shall be the average period of usefulness. The determination
of the council as to the probable period of usefulness of any such improve-
ment or undertaking shall be conclusive. The probable period of usefulness
of any improvement or undertaking shall not be deemed to be more than
thirty years; provided, however, that the probable period of usefulness of
real property acquired by the city may be deemed to be as long as forty
years. Such probable period of usefulness or average probable period of
usefulness shall be computed from the date of the bonds but if bonds are
issued for the same purpose or purposes in two or more separate series or
issues having different dates, such period shall be computed, in the case of
each such series or issue, from the date of the bonds of such series or issue.

§ 6. Issuance of Bonds; How Authorized.—The procedure for the
passage of an ordinance authorizing the issuance of bonds or notes shall
be the same as for the passage of any other ordinance, except that no
ordinance or resolution authorizing an issuance of bonds or notes in excess
of five hundred thousand dollars shall be finally adopted by the council
until it shall have been introduced in the council at least ten days before
its final adoption; and six affirmative votes shall be necessary for the
adoption of any ordinance or resolution authorizing the borrowing of
money.

§ 7. Election on Question of Issuance of Bonds.—Except as other-
wise provided in this Chapter, no bonds of the City of Danville shall be
issued until the question of issuing them shall have first been submitted
to the qualified voters of the city at a general or special election and shall
have been approved by two-thirds of such voters voting on the question
of such issue, which two-thirds shall include a majority of the qualified
registered voters owning real estate in said city and voting in such election
on the question of such issue, provided, however, any bond issue for classes
of indebtedness described in subdivision (b) of Section One Hundred
Twenty-seven of the Constitution of Virginia of Nineteen Hundred
Two (1902) shall require the approval of only a majority of such voters
voting on the question of such issue, which majority shall include a
majority of the qualified registered voters owning real estate in said city
and voting in such election on the question of such issue. The question or
proposition submitting to the voters as aforesaid shall state in general
terms the purpose or purposes of the proposed bond issue and the actual
or maximum amount of the bond issue. All other details of the bond issue
shall be left to be determined by the council of the City of Danville. At
least twenty days before any election at which the question of issuing
bonds of the city is to be submitted to the voters of the city, the Treasurer
and the Commissioner of the Revenue of the city shall prepare and file
in the office of the Clerk of the Corporation Court of Danville a list of the
qualified registered voters owning real estate in said city and shall cause
the list to be published as a whole at one time, or in parts from time to
time, in one. or more newspapers published in the City of Danville. At
any time after said list is published before the election until sundown of
the day preceding the election, objections to the accuracy of the list and
any corrections thereto may be presented to the Judge of the Corporation
Court of said city, who shall hear and determine all such and his deter-
mination shall be conclusive. On the day preceding such election the
Judge of the said Corporation Court shall certify the corrected list of the
qualified registered voters owning real estate in said city as provided for
herein, and such list so certified by him for the purpose of conducting the
election and determining its results shall be taken as final and conclusive.
No question as to the validity of such an election, or as to the determina-
tion of the result thereof shall be raised in any court except in an action or
proceeding commenced within ten days after the determination of the
result of said election.

§ 8. Issuance of Bonds without Election.—The council may, without
submitting the question of their issuance to the qualified voters of the city,
in the name and for the use and benefit of said city, issue, negotiate and
sell bonds in any amount or amounts not exceeding five hundred thousand
dollars in any one calendar year for any and all purposes specified in
§ 2 of this Chapter. The council may also in the name and for the use and
benefit of said city, without submitting the question of their issuance to
the qualified voters of the city, issue, negotiate and sell bonds in any
amount or amounts necessary to pay any sum or compensation which the
city may be required to pay by the order of any court heretofore or here-
after made in annexation proceedings pursuant to the general laws of
the Commonwealth or to pay or fund or refund any indebtedness or bonds
or other obligations assumed by the city in any such annexation pro-
ceedings. The council may also in the name and for the use and benefit
of said city, without submitting the question of their issuance to the
qualified voters of the city, issue, negotiate and sell notes in anticipation
of the collection of revenue as provided for in this Chapter.

§ 9. Payment of Bonds and Notes.—The power and obligation of the
city to pay any and all bonds and notes hereafter issued by it pursuant to
this Charter shall be unlimited and the city shall levy ad valorem taxes
upon all taxable property within the city for the payment of such bonds
or notes and interest thereon, without limitation of rate or amount. The
faith and credit of the city are hereby pledged for the payment of the
principal and interest on all bonds and notes of the city hereafter issued
pursuant to this Chapter, whether or not such pledge be stated in the
bonds or notes or in the bond ordinance authorizing their issuance.

§ 10. Investment of Proceeds of Bond issue pending use.—The
council may by ordinance instruct the Director of Finance to invest
temporarily the proceeds of any bond issue, pending the use of same, for
the purposes designated in the ordinance pursuant to which they were
issued, in any obligations of the United States, the Commonwealth of
Virginia or any political subdivision thereof.

§ 11. Authority to Issue Bonds heretofore authorized.—The author-
ity to issue any bonds authorized for any municipal purpose by any
ordinance passed by the council of the city prior to the effective date of
this act and approved by two-thirds of the qualified voters of the city
voting at a general or special election upon the question of issuing such
bonds, which two-thirds shall have included a majority of the qualified
registered voters owning real estate in the city and voting in such election,
shall not lapse or terminate or be otherwise affected by reason of any of
the provisions contained in this Act and such bonds may be sold or issued
in accordance with such ordinance and with the provisions of law in force
prior to the effective date of this Chapter, or in accordance with the provi-
sions of this Act.

CHAPTER XIllI
THE COURTS

§ 1. The Corporation Court.—The Corporation Court as it is now
established shall be continued, and shall be held by the judge thereof, with
such powers and jurisdiction and at such times as the Constitution and
laws of the Commonwealth for the government of Corporation Courts may
provide. The council shall be authorized and empowered to supplement
the salary of the judge of said Corporation Court as fixed by general law;
and any such supplementary salary paid pursuant to ordinance of the
council shall not be reduced during the term of office of such judge.

§ 2. The Trial Justice.—There shall be a Trial Justice appointed by
the Corporation Court of Danville, or by the judge thereof in vacation,
who shall hold office for a term of four years, or until his successor be
appointed and qualified. The present Trial Justice shall continue in office
until the expiration of the term for which he was appointed. Any vacancy
in the office of Trial Justice shall be filled for the unexpired term by the
said Corporation Court or by the judge thereof in vacation.

Such Trial Justice shall be an attorney at law licensed to practice in
Virginia. The powers, duties and jurisdiction of the Trial Justice, and
the conduct of his office in all respects, shall be as the general laws of the
Commonwealth now or hereafter may provide in cases of Trial Justices
of the several counties, provided, that the territorial extent of his juris-
diction in criminal matters shall be the same as that of the Corporation
Court of Danville. Such Trial Justice shall not during his term of office,
engage in the practice of law. The Trial Justice shall be provided with a
suitable court room and quarters in the Municipal Building and the hear-
ing and trial of all matters cognizable by said Trial Justice shall be in
said court room and quarters. The council shall provide such books, sta-
tionary and supplies as may be necessary.

The Corporation Court or the judge thereof in vacation shall in the
same manner appoint a Substitute Trial Justice, whose term of office shall
run concurrently with that of the Trial Justice, and whose qualifications
shall be the same as those imposed on and required of the Trial Justice,
except that he may engage in the practice of law. He shall act for and
in the place of the Trial Justice when the Trial Justice is absent from the
city, or unable to perform his duties for any reason. He shall receive for
his services a per diem compensation equivalent to one-twenty-fifth of a
month installment of the salary of the Trial Justice. For each day in
excess of thirty days within a single calendar year that such Substitute
Trial Justice is required to act, the amount of his compensation as above
provided may be deducted from the salary of the Trial Justice.

ta Trial Justice shall receive such salary as may be fixed by the
council.

Notwithstanding any provision to the contrary in the case of Trial
Justice Courts of the several counties, all fees collected by the Trial
Justice, or any officer of his court, except such fees as belong to officers
other than the Trial J ustice, his clerk, the Commonwealth’s Attorney and
the Clerk of the Corporation Court, shall be promptly paid over in full to
the treasury of the City of Danville, except in such cases as the general
law may provide for the payment of said fees or any part thereof into the
State Treasury.

There shall be a clerk of the Trial Justice Court and when the judge
of the Corporation Court shall at any time certify by an order entered
in the Common Law Order Book of said Corporation Court that it is
reasonably necessary for the prompt and proper dispatch of the business
of the Trial Justice Court to provide the clerk thereof with one or more
deputies, there shall be appointed such number of deputies as may be
agreed upon jointly by the Trial Justice and the City Manager. The Trial
Justice shall appoint such clerk and deputy clerks and they shall receive
such salary as the council may provide.

Before entering upon the performance of their duties the Trial Justice
and the Substitute Trial Justice and clerk shall take the oath required
by law of other judicial officers, and shall enter into a bond before the
Corporation Court of Danville in the penalty of not less than five hun-
dred dollars nor more than two thousand dollars in the discretion of the
court with surety to be approved by said court, and conditioned for the
faithful performance of their duties; and in like manner the council of
said city may by ordinance require the deputy clerks of said court to take
the said oath and enter into a bond in like amount. _

The clerk of the Trial Justice Court and all deputy clerks thereof
shall have the same power to admit to bail as the Corporation Court of
Danville or the judge thereof in vacation would have if application had
been to said court or judge thereof in vacation in the first instance. Such
clerks or deputy clerks shall also have concurrent jurisdiction with the
Trial Justice to issue warrants for all offenses against the ordinances of
the City of Danville, committed within the City of Danville, and to issue
warrants for all offenses against the laws of the Commonwealth of Vir-
ginia, committed within said City of Danville, or within one mile of the
corporate limits thereof; and such clerks and deputy clerks shall perform
such other duties as directed by the Trial Justice or the City Manager
not inconsistent with this charter, or the general laws of the Common-
wealth.

Any warrant charging any misdemeanor and returnable before the
Trial Justice, upon which the accused has been summoned or recognized
to appear before such Trial Justice and shall fail to appear in response
to said summons or recognizance, may be tried by such Trial Justice as
if the accused had appeared and pleaded not guilty.

The council may by ordinance direct that any desk sergeant of the
police department on duty shall act in the place and stead of a deputy
clerk of the Trial Justice Court in the issuance of criminal warrants and
admitting accused persons to bail when the Trial Justice or the clerk or a
deputy clerk of the Trial Justice Court is not on duty or immediately
available.

§ 8. The Juvenile and Domestic Relations Court.—The Juvenile and
Domestic Relations Court, heretofore created under and pursuant to the
authority granted by general law, is continued. There shall be the position
of a Special Justice of the Peace to be known as the Judge of the Juvenile
and Domestic Relations Court of the City of Danville. He shall be
appointed by the Corporation Court of Danville, or by the judge thereof
in vacation, for a term of six years, provided that the present Judge of
of the Juvenile and Domestic Relations Court may continue in office
until the expiration of the term for which he was appointed. Any vacancy
in the office of Judge of the Juvenile and Domestic Relations Court shall
be filled for the unexpired term by the said corporation Court or by the
judge thereof in vacation.

Such judge of the Juvenile and Domestic Relations Court shall hold
court as often as may be necessary for the transaction of business; his
jurisdiction shall be such as is prescribed by law; and he shall have all
the powers, be subject to all the limitations, and shall perform all the
duties prescribed by law. He shall not have to be an attorney at law.

There shall be such officers of said court as may be required by law
and such Clerks, Deputy Clerks and other employees as may be necessary
for the reasonable dispatch of the business and functions of said court.
The judge of the Juvenile and Domestic Relations Court shall appoint
his Clerk and such other officers as may be required by law and the other
personnel engaged in the work of his office, subject to the approval of the
City Manager.

The Corporation Court of Danville, or the judge thereof in vacation,
may appoint a Substitute Judge of the Juvenile and Domestic Relations
Court, whose term of office would run concurrently with that of the
Judge of the Juvenile and Domestic Relations Court. Such Substitute
Judge of the Juvenile and Domestic Relations Court would act for and in
the place of the Judge of the Juvenile and Domestic Relations Court when
the Judge of the Juvenile and Domestic Relations Court is away from the
city, or unable to perform his duties for any reason.

Such Judge of the Juvenile and Domestic Relations Court, and such
Substitute Judge, and, the Clerk of such court and any other officers
thereof required by law, and all personnel engaged in the work of such
court shall receive such compensation as may be allowed by the council.

CHAPTER XIV

PUBLIC SCHOOLS

§ 1. School Board.—The school board shall consist of seven trustees,
from and after July the first, 1955, who shall be qualified voters of the
city. The trustees in office at the effective date of this Charter are hereby
continued in office for the terms for which they were elected. Each trustee
shall be elected as herein provided from the city at large by the council
of the said city for the term of three years from the first day of July next
following the date of his or her election.

On or before June 12, 1952, the council shall elect three trustees; on
or before June 12, 1953, and on or before June 12 of every third year
thereafter, the council shall elect three trustees; on or before June 12,
1954, and on or before June 12 of every third year thereafter, the council
shall elect two trustees; and on or before June 12, 1955, and on or before
June 12 of every third year thereafter, the council shall elect two trustees.
Any vacancy occurring in the School Board shall be filled by the council
for the unexpired term. Each school trustee before entering upon the
duties of his or her office shall take and subscribe before some officer
authorized to administer oaths, the oath prescribed for state officers and
file said oath in the office of the City Clerk. :

§ 2. Powers and Duties of School Board.—The school trustees of
said city shall be a body corporate under the name and style of the School
Board of the City of Danville. Except as provided in this Charter, the
School Board shall have all the powers, perform all of the duties and be
subject to all limitations now provided or which may hereafter be provided
by the laws of the Commonwealth in regard to School Boards of cities.
None of the provisions of this Charter shall be interpreted to refer to or
include the School Board unless the intention so to do is expressly stated
or is clearly apparent from the context. )

CHAPTER XV

ZONING

§ 1. Zoning Powers.—In addition to the powers granted elsewhere
in this Charter and under the general laws of the Commonwealth, 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 the population, facilitate public and private transportation
and the supplying of public utility services and sewage disposal, and facii-
tate provisions for schools, parks, playgrounds and other public improve-
‘ments and requirements. The comprehensive zoning plan shall include the
division of the city 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 their 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.

It may restrict the height, area and bulk of buildings and struc-
tures in the districts.

(c) It may. establish set back lines and prescribe the area of land
that may be used as a 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 permit the use and development of land not less than ten
acres in extent in a manner that does not conform in all respects with the
regulations and restrictions prescribed for the district or districts in which
such land is situated, provided that such is approved by the City Planning
Commission and the council.

(h) It may provide that land, buildings and structures and the uses
thereof which do not conform to the regulations and restrictions prescribed
for the district in which they are situated may be continued so long as the
then existing or more restricted use continues and so long as the buildings
or structures are maintained in their then structural condition; and may
require that such buildings or structures and the use thereof shall conform
to the regulations and restrictions prescribed for the district or districts
in which they are situated whenever they are enlarged, extended, recon-
structed or structurally altered. |

§ 2. Adoption and Amendment of Ordinances, Regulations and
Restrictions.—The council shall have power by ordinance to adopt the
regulations and restrictions hereinbefore described and determine the
boundaries of the districts in which they shall apphy and provide for their
enforcement, and from time to time amend, supplement or repeal any
zoning ordinanees, regulations, restrictions and boundaries of districts
may be changed from time to time by the council, under such conditions
as the council may prescribe, after a public hearing and adequate notice
to all owners and parties affected, as required by § 15-822 of the Code of
Virginia. If a protest is filed with the City Clerk against such amendment,
supplement or repeal, signed and acknowledged before a person authorized
to administer oaths, by the owners of twenty per cent or more of the total
area of the lots included in such proposed change or of the total area of
the lots outside of the proposed change any point in which is within one
hundred and fifty feet of the boundary of such area, the council shall not
adopt the ordinance making such amendment, supplement or repeal, by
less than seven affirmative votes. The council shall have the right to
provide for the collection of fees to cover costs involved in the considera-
tion of any regulation for amendment, supplement or repeal of any such
regulation, restriction or determination of boundaries, to be paid to the
City Clerk by the applicant upon filing such request.

§ 8. Board of Zoning Appeals—Composition.—The Board of Zoning
Appeals as now constituted shall remain in office for the remainder of their
terms and until their successors are appointed by the council. The Board
of Zoning Appeals shall consist of five members appointed by the council
of said city for a term of three years. The council may remove any
member of the board for cause, after a hearing. If a vacancy occurs
otherwise than by expiration of the term of the different members, it shall
be filled by the council for the unexpired term.

§ 4. Board of Zoning Appeals—Organization.—The board shall elect
one of its members as chairman. The chairman shall preside at all meet-
ings of the board and in his absence a member designated by the board
shall act as chairman and shall preside. The board shall-appoint a secre-
tary and such other employees as may be needed for the conduct of the
work of the board and approved by the City Manager.

§ 5. Board of Zoning Appeals—Procedure.—The meetings of the
board shall be held at the call of the chairman and at such other times as
the board may determine. The board shall keep minutes of its proceedings
showing the vote of each member on 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 filed in the office of the
board and shall be a public record.

§ 6. Appeals to Board of Zoning Appeals.—Appeals to the board
may be taken by any person aggrieved, or by any officer, department,
board, commission or agency of the city affected by any decision of the
administrative officer designated by the council to administer and enforce
the ordinance dividing the city into districts and regulating and restrict-
ing the use of land, buildings and structures therein. Appeals shall be
taken within such reasonable time as shall be prescribed by the board by
general rule, by filing with the said administrative officer and with the
poard a notice of appeal specifying the grounds thereof. The administra-
tive officer shall forthwith transmit to the board all papers constituting
the record upon which the action appealed from was taken. The board
shall fix a reasonable time for the hearing of the appeal, shall give notice
to the parties in interest and may be required by ordinance to give public
notice of all such hearings. At the hearing any party may appear in
person, by agent or by attorney, and shall be given an opportunity to be
heard. The board may prescribe a fee to be paid whenever an appeal is
taken and may require a deposit from the applicant to cover the reason-
able costs of giving required notices.

§ 7. Powers of Board of Zoning Appeals.—The board shall have the
following powers and it shall be its duty:

(a) To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination by the administrative
officer in the administration and enforcement of the provisions of the
ordinance.

(b) To grant variations in the regulations when a property owner
can show that his property was acquired in good faith and where by
reason of the exceptional narrowness, shallowness or shape of a specific
piece of property at the effective date of the ordinance or where by reason
of the exceptional topographical conditions or other extraordinary or
exceptional situation the strict application of the terms of the ordinance
actually prohibit or unreasonably restrict the use of the property, or
where the board is satisfied, upon the evidence heard by it, the granting
of such variation will alleviate a clearly demonstrated hardship approach-
ing confiscation as distinguished from a special privilege or convenience
sought by the owner; provided, however, that all variations granted shall
be in harmony with the intended spirit and purpose of this chapter and
the ordinance.

(c) To permit, when reasonably necessary in the public interest,
the use of land, or the construction or use of buildings or structures, in
any district in which they are prohibited by ordinance, by any agency of
the city, county or state of the United States, provided such construction
or use shall adequately safeguard the health, safety and welfare of the
occupants of the adjoining and surrounding property, shall not unreason-
ably impair an adequate supply of light and air to adjacent property, shall
not increase public danger from fire or otherwise affect public safety.

(d) To permit the following exceptions to the district regulations
and restrictions, provided such exceptions shall by their design, construc-
tion and operation adequately safeguard the health, safety and welfare
of the occupants of the adjoining and surrounding property, shall not
unreasonably impair an adequate supply of light and air to adjacent prop-
erty, shall not increase congestion in streets and shall not increase public
danger from fire or otherwise unreasonably affect public safety and shall
not diminish or impair the established property values in surrounding
areas:

(1) Use of land or erection or use of a building or structure by a
public service corporation for public utility purposes exclusively which
the oard finds to be reasonably necessary for public convenience and
welfare.

(2) Extension of a district where the boundary lines of a district
divide a lot in single ownership as shown of record at the time of the
effective date of the ordinance.

(3) Use of land or construction or use of buildings and structures
in any district in which they are prohibited by ordinance, by educational,
religious, philanthropic or eleemosynary institutions; the use of land or
construction or use of buildings and structures in any district in which
they are prohibited by the ordinance, for cemetery purposes, airports or
landing fields, greenhouses and nurseries and wireless or radio towers
or stations, provided that the height thereof is approved by the board;
and the extraction of raw materials from land, such as rock, gravel, sand
and similar products.

(4) Use of land in dwelling districts immediately adjoining or sepa-
rated from business, commercial or industrial districts by alleys, of widths
to be specified in the ordinance, for parking of vehicles of customers of
business, commercial or industrial establishments, provided such use shall
not extend more than the distance specified in the ordinance from the
business, commercial or industrial district.

(5) Use of buildings for dwelling purposes in district specified in
the ordinance for use for other purposes, where it can be shown that
conditions in the specified districts are not detrimental to the health,
safety, or welfare of the inhabitants of such buildings and on condition
that the buildings will be removed within a time specified in the ordinance.

(6) Reconstruction of buildings or structures that do not conform
to the comprehensive zoning plan and regulations and restrictions pre-
scribed for the district in which they are located, which have been dam-
aged by explosion, fire, act of God or the public enemy, to the extent of
more than sixty per cent of their assessed taxable value, when the board
finds some compeHing public necessity for a continuance of the use and
such continuance is not primarily to continue a monopoly, provided that
nothing herein shall relieve the owner of any such building or structure
from obtaining the approval of such reconstruction by the council or any
department or officer of the city when such approval is required by any
law or ordinance. .

(e) To modify the interpretation and application of the provisions
of the ordinance where the street layout actually on the ground varies
from the street layout as shown on the map fixing the districts and their
boundaries adopted with and as a part of the ordinance.

§ 8. Form and Scope of Decisions by 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 necessary 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.

§ Appeals from Board of Zoning Appeals.—Any person, firm or
corporation, jointly or severally, aggrieved or in fact affected by any
decision of the Board of Zoning Appeals, or any officer, department, board
or agency of the city government charged with the enforcement of any
order, requirement or decision of said board, may appeal from such
decision by filing a petition in the Corporation Court of Danville, verified
by affidavit, setting forth the alleged illegality of the action of the board
and the grounds thereof. The petition shall be filed within thirty days
from the date of the decision of the board.

§ 10. Procedure on Appeal.—Upon filing of the petition the court
may cause a writ of certorari 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, after 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.

§ 11. Powers and Duties of the Court.—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.

° § 12. Proceedings Against Violators of Zoning Ordinance.—When-
ever any building or structure is erected, constructed, reconstructed,
altered, repaired or converted, or whenever any land, building or structure
is used in violation of any ordinance adopted in accordance with § 2
of this Chapter, the city 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.
§ 18. Penalties for Violation of Zoning Ordinance.—The council
may in such ordinance provide that fines and jail sentences, either or
both, shall be imposed for violations of the ordinance by owners of land,
buildings or structures, their agents having possession or control of such
property, lessees, tenants, architects, builders, contractors or any other
persons, firms or corporations who take part in or assist in any such
violations or who maintain any land, building or structure in which such
violations exist.

CHAPTER XVI
MISCELLANEOUS PROVISIONS

§ 1. Department of Police—The police force shall be composed of
a Chief of Police and of such officers, patrolmen and other employees as
the City Manager may determine. The Chief of Police shall be appointed
by the City Manager and shall have immediate direction and control of
said force, subject, however, to the supervision of the City Manager
and to such rules, regulations and orders as the City Manager may
prescribe; and the Chief of Police shall, subject to the approval of the City
Manager, promulgate all orders, rules and regulations for the government
of the whole force. In case of the disability of the Chief of Police to
perform his duties by reason of sickness, absence from the city or other
cause, the City Manager shall designate an officer of the police force to
act as Chief of Police during such disability, and the officer so designated
shall serve without additional compensation. The members of the police
force shall be selected in accordance with such rules as the City Manager
may prescribe. In case of riot or emergency, the City Manager may
appoint additional patrolmen and officers for temporary service. Each
member of the police force, both rank and file, shall have issued to him
a warrant of appointment signed by the City Manager, in which the date
of his appointment shall be stated, and such warrant shall be his commis-
sion. Each member of the said force shall, before entering upon the
duties of his office, take and subscribe an oath administered by the City
Manager or the president of the council that he will faithfully without
fear or favor, perform the duties of his office, and such oath shall be filed
and preserved with the records of said department. And in addition the
several officers of the said force shall, if required by the council, give
bond in such penalty and with such security as the council may by ordi-
nance prescribe.

No person except as otherwise provided by general law or by this
Charter shall act as a special police, special detective or other special
police officer for any purpose whatsoever except upon written authority
from the City Manager. Such authority when conferred, shall be exercised
only under the direction and control of the Chief of Police and for a
specified time.

The officers and privates constituting the police force of said city
shall be, and they are, hereby invested with all the powers and authority
which pertains to the office of constable at common law in taking cogni-
zance of and in enforcing the criminal laws of the Commonwealth and the
ordinances and regulations of said city, and it shall be the duty of each
such officer and private to use his best endeavors to prevent the commission
within the city of offenses against the laws of the Commonwealth, and
against the ordinances and regulations of the city; to observe and enforce
all such laws, ordinances and regulations; to detect and arrest offenders
against the same; to preserve the good order of the city, and to secure the
inhabitants thereof from violence, and the property therein from injury.
Such policeman shall have no power or authority in civil matters, but
shall execute any criminal warrant or warrants of arrest that may be
placed in his hands by any justice of the city, and shall make due return
thereof. Such policemen shall not receive any fee or other compensation
for any services rendered in the performance of his duty, other than the
salary paid him by the city; nor shall he receive a fee as a witness in any
case arising under the criminal laws of the Commonwealth, or under the
ordinances or regulations of the said city.

The City Manager shall prescribe the uniforms and badges for the
members of the police force, and direct the manner in which the members
of said force shall be armed. Any person other than a member of said
force who shall wear such uniform or badge as may be prescribed as
aforesaid, may be subjected to such fine or imprisonment, or both, as may
be prescribed by the council by ordinance.

The City Manager may remove or suspend any member or employee
of the police force in accordance with the provisions of this Charter
relating to the suspension and removal of officers and employees of the
city by the City Manager.

§ 2. The Fire Department.—The Fire force shall be composed of
a Chief and of such other officers, firemen and employees as the City
Manager may determine. The Fire Chief shall be appointed by the City
Manager and shall have immediate direction and control of the said force,
subject, however, to the supervision of the City Manager, and to such rules
and regulations and orders as the City Manager may prescribe; and the
Fire Chief shall promulgate, subject to the approval of the City Manager,
all orders, rules and regulations for the government of the whole force.
The members of the fire force shall be appointed in accordance with such
rules and regulations as may-be prescribed by the City Manager, and in
cases of riot, conflagration or emergency, the City Manager may appoint
additional firemen and officers for temporary service.

The Chief of the Fire Department and his assistants are authorized
to exercise the powers of police officers while going to, attending or
returning from any fire or alarm of fire. The Fire Chief and each of his
assistants shall have issued to him a warrant of appointment signed by
the City Manager in which the date of his appointment shall be stated,
and such warrant shall be his commission.

The City Manager shall prescribe the uniform and badges for the
members of the fire force.

The City Manager may suspend or remove any member or employee
of the fire force in accordance with the provisions of this Charter relating
to the suspension and removal of officers and employees of the city by the
City Manager.

§ 8. Department of Public Welfare.—There shall be a Department
of Public Welfare. It shall consist of the Director of Public Welfare, the
Superintendent of Public Welfare, and such other officers and employees
organized into such bureaus, divisions or other units as may be provided
by ordinance or by the orders of the Director consistent therewith.

(a) Functions. The Department of Public Welfare shall be respon-
sible for: Administration of all public assistance within the City of Dan-
ville and administration of the Public Assistance Program of the Social
Security Act and carry all the duties of a local welfare board as prescribed
by public welfare laws of the Commonwealth and such additional duties
as are designated by the local governing body.

(b) Director of Public Welfare. There shall be a director of welfare,
who may be the City Manager or some other person so designated by him
to act for him as director. He shall be the Local Board of Welfare in
accordance with the public welfare laws of the Commonwealth.

(c) Superintendent. There shall be a superintendent who shall be
appointed by the Director subject to the personnel standards, rules and
regulations of the State Board of Welfare. The superintendent shall be
the executive officer for the local Board of Welfare in compliance with the
laws of the Commonwealth.

§ 4. Clerk of Corporation Court to Furnish List of Transfers of
Realty.—It shall be the duty of the Clerk of the Corporation Court of said
city to furnish to the tax assessing authority of the city at the end of each
calendar month a certified list of all transfers of real estate which have
been made in his office during the preceding calendar month.

§ 5. The Electoral Board.—The council of said city shall have the
right to determine and fix the compensation to be paid to the members of
the Electoral Board of the city and to the judges, clerks and commissioners
of any election.

§ 6. The General Registrar.—The General Registrar of said city
may also during the term for which he is appointed hold any other office,
either by election or appointment, by and with the consent of the council
of said city. There shall at all times be a General Registrar for said city,
appointed by the council for the term of two years, beginning on the first
day of May following his appointment, and such General Registrar shall
be charged with all the duties, powers and responsibilities as provided in
the general laws of the Commonwealth.

§ 7. Bonds of Officers.—The council may by ordinance require any
officer, Clerk or employee of the city to give bond and fix the amount of
the penalty thereof, unless otherwise fixed by this Charter. In all cases
where a bond is required of any officer such bond shall be with corporate
surety and conditioned for the faithful discharge by himself, his deputies,
assistants or other subordinates, of the duties imposed on him by this
Charter and all ordinances passed in pursuance thereof. Unless the council
shall adopt an ordinance to the contrary, the premium on any such bond
shall be paid by the city.

§ 8. Oaths of Office and Qualifications of Officers.—Every person
elected or appointed to any office under this Charter or under any ordi-
nance of the council except clerks and laborers shall before entering upon
the duties of his office, take and subscribe the oaths prescribed by the
laws of the Commonwealth for state officers. Such oaths may be admin-
istered by any person competent to administer oaths under the laws of the
Commonwealth, or by the City Clerk, and a certificate of such oaths having
been taken, shall be filed with the City Clerk, unless otherwise provided
by law, and said Clerk shall enter the same upon the journal of the council.
The Clerk of the Corporation Court of said city shall notify all persons
elected by the people under this Charter of their election and the City Clerk
shall notify all persons elected or appointed by the council of their election
or appointment. If any person elected or appointed to any office in said
city shall neglect to take such oath for thirty days after receiving notice
of his election or appointment, or shall neglect or refuse for the like space
of time to give such securities as may be required by the council, his office
shall be deemed vacant, and another election or appointment shall be made.

§ 9. Officers to Hold over until Their Successors are Appointed and
Qualified; Officers whose terms under former Charter have not Expired.—
Whenever under the provisions of this Charter any officer of the city,
judge or member of any board or commission is elected or appointed for
a fixed term, such officer, judge or member shall continue to hold office
until his successor is appointed and qualified. All officers of the city,
judges, members of boards or commissions elected or appointed for a
specified term commencing before the passage of this Charter and whose
terms have not expired upon the passage of this Charter shall continue
to hold the same until the term of such office shall expire, unless such
office be not provided for in this Charter.

§ 10. Present Ordinances and Resolutions and Rules and Regulations
Continued in Effect.—All ordinances and resolutions of the city and all
rules, regulations and orders legally made by any department, board or
officer of the city, in force at the effective date of this Charter, in so far
as they or any portion thereof are not inconsistent therewith, shall remain
in force until amended or repealed by the council of said city.

2. Chapter 262 of the Acts of Assembly of 1889-90, approved February
17, 1890, and all acts amendatory thereof is repealed; and all other acts
and parts of acts in conflict with this charter are repealed to the extent
of such conflict.

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