CHAPTER 7

An Act to amend and reenact § 1 of Article III of Chapter 540 of the Acts
of Assembly of 1950, approved April 7, 1950, the section relating to
powers of the council of the town of Haymarket.

(S 11]

Approved December 16, 1952

Be it enacted by the General Assembly of Virginia:
1. That §1 of Article III of Chapter 540 of the Acts of Assembly of 1950,
approved April 7, 1950, be amended and reenacted as follows:

ARTICLE III

ADMINISTRATION AND GOVERNMENT

§ 1. (1) The present mayor and councilmen of the town of Haymarket
shall continue in office and exercise all the powers conferred by this charter
and the general laws of this State until September Ist, 1951, or until their
successors are duly elected and qualified.

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

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

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

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

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

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

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

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

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

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

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

(13) There shall be appointed by the council at its first meeting in
September, or as soon as practicable thereafter, a treasurer, who shall
hold office for a term of two years. The council may provide a salary for
the treasurer. He shall give such bond, with surety and in such penalty
as the council prescribes. He shall receive all money belonging to the town,
and keep correct accounts of all receipts from all sources and of all ex-
penditures of all departments. He shall be responsible for the collection
of all taxes, license fees, levies and charges due to the town, and shall
disburse the moneys of the town in the manner prescribed by the council
as it may by ordinance direct.

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

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

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

(17) There shall be appointed by the council at its first regular
meeting in September or as soon as practicable thereafter, a town sergeant,
who shall also be chief of police; and shall hold office at the pleasure of the
council. His duties shall be such as the council prescribes. He shall be
vested with the powers of a conservator of the peace. His compensation
shall be fixed by the council.

(18) The council may appoint a trial justice for the town who shall
serve at the pleasure of the council and until his successor is appointed by
the council and qualifies. * He shall be an attorney at law licensed to
practice under the laws of the Commonwealth, but he need not be a resi-
dent of the town.

The trial justice is hereby vested with all the power, authority and
jurisdiction and charged with all the duties within and for the town of
Haymarket, and in criminal matters for one mile beyond the corporate
limits thereof, which are or may hereafter be conferred upon the trial
justice by the laws of the State of Virginia, so far as the same may be
applicable, and not in conflict with the provisions of this charter; and any
amendments of the trial justice laws of this State shall be considered as
pmeiuments also of this section of this charter if the same are applicable

ereto.

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

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

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

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

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

The town of Haymarket may combine with the County of Prince
William for the use of one trial justice and one substitute trial justice for
such combined town and county, in such manner as may be provided by
the laws of the State of Virginia relating to trial justices; and if the town
of Haymarket and the County of Prince William shall at any time com-
bine for the use of one trial justice and one substitute trial justice for the
said town and the said county, the laws of the State of Virginia relating to
trial justices, so far as applicable, shall control and not this section of this
charter.

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

(20) All ordinances, resolutions and by-laws passed by the council
shall take effect at the time indicated in such ordinances, resolutions or by-
laws, but in event no effective date shall be set forth in any such ordinances,
resolutions or by-laws passed by the council, the same shall become effective
thirty days from its passage.
2. An emergency exists and this act is in force from its passage.