CHAPTER 4

An Act to amend the Code of Virginia by adding thereto a section, num-
bered 58-484.1, relating to the taxation of the stockholders of banks,
so as to provide when a bank may omit filing a list of its taxable stock-
holders for any tax year, prescribing the effect of such omission, and
declaring when such list must be subsequently filed. ;

[S 45]

Approved February 13, 1954
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding thereto a section
numbered 58-484.1, as follows:
§ 58-484.1. When bank may omit filing list of taxable stockholders;
effect of such omission; when such list must be subsequently filed.—The
foregoing provisions of this chapter are subject to the qualifications con-
tained in this section.

Any bank may for any tax year make a return, on a form prescribed
by the Department of Taxation, of the shares of stock issued by it, giving
the total number of such shares, the names and residences of the owners
of all tax-exempt shares with the number of shares owned by each such
tax-exempt stockholder, and such other facts and figures as may be
required by the Department of Taxation for an accurate computation of
the actual value of such total number of shares and the actual value of
each share, without accompanying such return by a list of the taxable
stockholders with their names and residences and the number and actual
value of the shares of stock held by each such taxable stockholder; and in
such case it shall be deemed that an assessment was made against each
taxable stockholder on the taxable value of his shares.

But if any such bank fails to pay the total amount of the taxes due
by all its taxable stockholders within the time and in the manner prescribed
by this chapter, then such bank shall, not later than the fifteenth day of
June of the tax year, file with the Department of Taxation a list, on a
form provided by the Department of Taxation, giving the names and resi-
dences of all its stockholders and the number and actual value of the shares
of stock held by each stockholder; whereupon the Department of Taxation
shall proceed to extend the taxes and assess the same against each taxable
stockholder in the same manner as the commissioner of the revenue would
have been required to do by Section 58-473 if this section had not been
enacted, and the Department of Taxation shall transmit a copy of the
assessment list to the bank, which shall have the effect prescribed by Sec-
tions 58-474 and 58-475.

If any assessment of taxes or the liability of any stockholder to taxes
under this chapter for any tax year shall become the subject of a proceed-
ing in any court to which the Commonwealth or any political subdivision
thereof may be a party, the bank concerned shall file the list mentioned
in the next preceding paragraph with the Department of Taxation forth-
with on demand made by the Department of Taxation, if such list has not
been theretofore filed, whether the bank has paid such taxes or not,
whereupon the Department of Taxation shall proceed in the manner set
out in the next preceding paragraph and with like effect.

CHAPTER 4
Oils and Explosives

45-43. Inflammable oils not to be used underground; Diesel engines;
prohibited haulage equipment.—(a) No gasoline, benzine, kerosene or
other inflammable oils shall be used underground in operating machinery,
except that equipment powered by Diesel engines, approved by the * Chief
before installation, may be used underground in the operation of * other
than coal mines, and except as hereinafter provided.

(b) Internal combustion engines shall not be permitted underground
im any coal mine except with the written approval of the Chief. The Chief
may in his discretion approve diesel-powered locomotives, shuttle cars, or
other equipment, which may be operated only upon his written permission
and under such rules as he may promulgate.

§ 45-45.1. Storage of lubricants underground.—(a) Oiling or greas-
ing of cars and machinery inside coal mines is permitted only when the
work and storage areas are kept reasonably clean at all times. Storage of
oil or grease for this purpose is limited to three barrels, and must be in a
fireproof compartment connecting with the return airway to the surface
and without contacting active workings.

(b) Lubricants for use in underground shops must be kept in ap-
proved portable containers, kept securely closed when not in use and not to
exceed one day’s supply in any mine; provided that more than one day’s
supply may be stored underground in reasonable quantities if stored in a
fireproof compartment connecting with the return airway to the surface
and without contacting active workings.

(c) Lubricants for use in sections using mechanical equipment must
be kept in approved portable containers, kept securely closed when not in
use, in quantities not to exceed one day’s supply in mines; provided, that
reasonable quantities may be stored in a fireproof compartment connecting
with the return airway to the surface and without contacting active
workings.

(d) All points at which lubricants are used, kept, or stored, shall be
kept reasonably clean, and free of avoidable spillage.

(e) Five hundred pounds of rock dust or sand or a chemical liquid,
gas, or dry dust fire extinguisher suitable for use in extinguishing oil and
grease fires, shall be kept convenient to each oil or grease storage room in
coal mines.

(f) In coal mines five hundred pounds of rock dust or sand and/or a
chemical liquid, gas, or dry dust fire extinguisher suitable for use in
extinguishing otl grease, and electrical fires, shall be kept convenient to
each station or room containing mine transformers, rectifiers, motor gen-
erator sets, battery chargers, permanent pump or air compressor control
rooms, and such other stationary and permanent or semi-permanent equip-
ment as may be classed by the Chief as a serious. hazard in the event of
fire. Equipment designed and constructed to be fireproof is exempted from
this requirement.

§ 45-53.1. Explosives; general—(a) (1) The use of black blasting
granular powder is prohibited in all underground coal mines.

(2) In order to use Pellet powder in any coal mine in Virginia, every
such operator must obtain from the Chief a permit; together with fair and
reasonable written instructions as to the storage, transportation, handling,
charging, tamping, detonating, mis-fire handling, required ventilation and
rock dusting. These instructions will be made conditions of the permit
and wilful violations of any of them will be considered violations of this
section of the law, and shall be sufficient reason for the immediate revoca-
tion of the permit by the Chief.

(3) Blasting with Pellet powder shall be done only after the end of the
shift with all men out of the mine, except the minimum necessary number
of men to do the actual shooting.

(4) The owner, operator or lessee of any coal mine obtaining a permit
to use Pellet powder will be held jointly responsible along with any of their
employees who violate any of the provisions of this section, in consideration
of the revocation of the permit.

(5) Any owner, operator, lessee, or other employee of any coal mining
company, or any other person, who shall violate any of the provisions of
this section, shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than ten dollars nor more than five hundred dollars,
or be imprisoned in jail not less than ten days nor more than one year,
either or both, in the discretion of the court or jury trying the case.

(b) Prior to the use of Cardox or air breaking methods, both of which
are classed as permissible blasting methods, or any other blasting device or
method that may later be classed as permissible, the operator must secure
written approval from the Chief. The Chief, in granting approval, will
issue instructions as to storage, transportation, handling, charging, tamp-
ing, detonating, and handling misfires. These instructions will be made
conditions of the approval, and violations of any of them will be considered
violations of this section.

(c) Prior to the use of dynamite or any other non-permissible explo-
sive in coal mines for blasting in rock tunnels, shafts, etc., the operator
must secure written approval from the Chief. The Chief, in granting
approval, will issue instructions as to storage, transportation, handling,
charging, tamping, detonating, and handling misfires. These instructions
will be made conditions of the approval, and violations of any of them will
be considered violations of this section of the law.

§ 45-53.2. Explosives; magazines. All magazines used for storing
powder or other explosives in greater quantities than an estimated daily
supply shall be located not less than 300 feet from any mine opening or
building used or occupied by any person or persons, or distances greater
than 300 feet at the discretion of the Chief, and the outside construction
of such magazine shall be of noncombustible material. This provision s
not apply to a magazine built prior to the effective date of this act unless
the Chief deems it unsafe.

§ 45-58.8. Explosives; transportation; containers. (a) Individual
containers used to carry permissible explosives or detonators shall be con-
structed of substantial, non-conductive material, kept closed, and main-
tained in good condition.

(b) When explosives or detonators are transported underground by
locomotive, rope, or shuttle car, they shall be in covered cars or in special
containers.

(1) The bodies and covers of special cars and the containers shall
be constructed of non-conductive material.

(2) If explosives and detonators are hauled in the same explosive
car or in the same special containers, they shall be separated by at
least a four inch substantially fastened hardwood partition or the
equivalent.

(3) Where quantities of explosives and detonators are trans-
ported in special cars or in special containers in cars, they shall be
hauled on a special trip, not connected to any other trip, and shall
not be hauled into or out of a mine within five minutes preceding or
folowing a man trip. When traveling with the air current, the
explosive trip shall precede; and if against the current, the man
trip shall precede.

(4) Explosives or detonators shall not be transported on the same
trip with workmen other than those required in the transportation
of the explosives or detonators.

(c) Explosives and detonators shall be transported underground by
belt only under the following conditions:

(1) In the original and unopened case, in special closed cases
constructed of non-conductive material, or in suitable individual
containers.

(2) Clearance requirements shall be the same as those for trans-
porting men on belts.

(8) Suitable loading and unloading stations shall be provided.

(4) There shall be an attendant at loading and unloading points
and stop controls at these points.

(d) Explosives or detonators shall not be transported on flight or
shaker conveyors, or by scraper or mechanical loading machines.

§ 45-53.4. Explosives; underground containers; underground storage.

(a) Underground section boxes or magazines shall be of substantial
construction of non-sparking material, and placed in a crosscut or idle room
neck at least twenty-five feet from roadways, trolley wires, or power lines,
at least seventy-five feet from any working face; and in a reasonably dry
and well rock dusted place, free from oil, grease, or other debris.

(bo) Explosives and detonators shall be stored separately and at least
twelve feet apart. Not more than a forty-eight hour supply of explosives
and detonators, including any surplus remaining from the previous day,
shall be stored underground 1 in section boxes or magazines. This maximum
of a forty-eight hour supply will include supplies in individual or face boxes
where used.

(c) A one day’s supply of explosives and detonators may be kept in
individual or face boxes. These boxes shall be wooden, with hinged lids,
and kept not less than fifteen feet from roadways, trolley wires, or power
lines; provided that the fifteen foot distance may be reduced to five feet
when kept in a niche in the rib, at least seventy-five feet from any working
face, and in a location out of line of blast where they will not likely be
subjected to shock. Separate boxes, kept at least 12 feet apart, shall be
used for explosives and detonators.

(d) Explosives and detonators shall be kept in their containers until
removed for use at the working faces.

(e) Care shall be exercised to use the oldest explosives from storage
before new supplies are used, so that explosives will not remain in under-
ground storage long enough to deteriorate.

(f) The use of suitably designed and located underground magazines
for storage of more than a 48 hour supply of explosives and detonators in
mines producing mineral, stone, sand, clay, talc, salt, etc., may be per-
mitted with written approval of the Chief.

§ 45-53.5 Explosives; blasting practices—(a) Only competent and
experienced persons shall be designated or permitted to handle explosives
or do blasting.

(b) Electric detonators used must be of proper strength.

(c) The Chief may at his discretion approve the use of delay electric
detonators, which may be used upon his written permission, and under such
rules as he may promulgate.

(ad) Primers shall be made up as needed for blasting coal, and pre-
pared in accordance with safety standards of the Institute of Makers of
ee or of the manufacturer of the explosives, as approved by the

tef.

(e) Care shall be used in the placement and drilling of holes. Roof,
face, ribs, and timbers shall be tested for dangerous conditions before drill-
ing or preparing holes. In mines classed as gaseous or gassy, certified
officials or approved competent persons must test for methane with per-
missible flame safety lamps before drilling with electric powered drills
and before charging boreholes.

(1) Boreholes in coal mines shall not be drilled beyond the back
of the cut or into the solid ribs, roof or floor.

(2) Where it is impractical to undercut, top cut, or shear the coal
face and solid shooting ts necessary, the method of placing and
firing holes shall be subject to the approval of the Chief.

(8) Any operator or mine foreman, who causes or permits any
solid shooting to be done in any mine without first having obtained
a written permit from the Chief or one of his deputies, or any
miner therein who shoots coal from the solid without first having
obtained permission so to do from the operator, or the mine fore-
man, shall be guilty of a misdemeanor and, upon conviction, shall
be fined as provided in § 45-17.

(4) Boreholes shall be cleaned and checked to see that they are
placed properly and are of correct depth in relation to the cut before
being charged.

(5) To prevent blown out or windy shots, all portions of the
boreholes, where the height of the coal permits, shall have a bur-
den in all directions of at least 18 inches before being fired.

(6) In coal mines charges exceeding one and one-half pounds, but
not exceeding three pounds, shall be used only if boreholes are
siz feet or more in depth, the explosives are charged in a continuous
train, with no cartridges deliberately deformed or crushed, with
all cartridges in contact with each other, and with the end car-
tridges touching the back of the hole and the stemming respectively,
and Class A or Class B permissible explosives are used. Provided,
however, that the three pound limit shall not apply to solid rock
work.
(7) Boreholes shall be tamped with wooden tamping bars, and
an shooting coal shall be stemmed to the mouth of the hole with
incombustible material. The Chief, may, in his discretion, approve
the use of newly developed permissible methods of confining the
charge.

(8) When explosives or Air-breaking Methods are used, the shot
firer and all other persons in the vicinity must take position in a
protected place around at least one solid corner, or equally safe
place. For Cardox firing, the shot firer and all other persons in the
vicinity must take position in a protected place around at least two
solid corners, or equally safe place.

(9) It shall be the operator’s responsibility to provide incom-
bustible stemming material in each working heading of each mine
wherein clay or other noninflammable material, approved for use by
the inspector, cannot be readily obtained. It shall be the duty of the
miner, or other person designated to fire shots, to provide himself
with a sufficient quantity of material approved for stemming when
such material is obtainable in the entry, or is provided by the op-
erator in piles in the entry. No blasting hole, in a coal mine shall
be fired that is not sufficiently and properly stemmed.

(10) Methods of multiple shooting shall be subject to approval
by the Chief.

(11) In mines classed as gaseous or gassy, a certified mine fore-
man or fire boss or approved competent person designated by such
official must make gas examination on return to face after blasting.

(12) If gas or other dangerous conditions are found that cannot
be made safe in normal course of work, mark place out with
DANGER sign and report to mine foreman or supervisor in charge.

(18) Holes shall not be drilled, charged, or fired in any place
where methane gas can be detected on a flame safety lamp.

(14) In mines where shooting is done from the surface with all
men out of the mine, a separate blasting circuit must be provided,
with a switch kept locked when not in use for blasting, or written
approval of the Chief must be secured. Requests to use power or
signal circuit for blasting with all men out of the mine, shaft, or
slope, must state precautions taken to guard against electrocution
and premature detonation hazards. Approval by the Chief will be
conditioned on compliance with these precautions, violations of
which will be considered violations of this section of the law.

(15) The firing of adobe (mudcap) or other open, unconfined
shots 1s prohibited in any coal mine.

§ 45-58.6 Explosives; blasting cables.—Blasting cables shall be: (a)
Kept well insulated and as long as may be necessary to permit the shot
firer to get around a solid corner or in an adequate shelter hole.

(b) Short-circuited at the battery end until ready to attach to the
blasting unit.

(c) Staggered as to length or kept well separated when attached to the
detonator leg wires.

(d) Kept clear of power wires and all other possible sources of active
or stray currents.

5 45-53.7 Explosives; misfires—(a) Where misfires occur with elec-
tric detonators, the person firing the shots shall disconnect his firing cable
from the source of power and short-circuit it by reshunting the end of
the cable. No person shall return to the shot until five minutes has elapsed
from the misfire, and the firing cable must not be left behind anyone return-
ang to the face.

(b) If a defect in the firing cable or connections is found, another
attempt may be made to fire the shot or shots, exercising cautions as
covered in the preceding section.

(c) If the misfire is definite, explosives shall be removed by drilling
and firing borehole for separate charge at least two feet away from and
parallel to the misfired charge, or by washing the stemming and the charge
from the borehole with water, or by inserting and firing a new primer
after the stemming has been washed out.

(d) A very careful search of the working place, and if necessary of
the coal after it reaches the tipple, shall be made after blasting a misfired
hole, to recover any undetonated explosive.

(e) The handling of a misfired shot shall be under the direct super-
vision of the mine foreman, his assistant, or any competent person desig-
nated by the mine foreman or his assistant.

(f) If fuses or caps are used for blasting, misfires may not be ap-
proached by anyone until twenty-four hours have elapsed, and handling of
the misfire, must be done with due care and under the direction of a super-
visor or other competent person. If blasting is on the surface, misfires
may not be approached by anyone until six hours have elapsed.

§ 45-58.8. Explosions; miscellaneous provisions.—(a) Fuses.—When
fuses are used, in no case shall such fuses be of less length than the drill
hole, and extend not less than four inches outside the hole. In no case
shall a fuse less than three and one-half feet in length be used.

(6) Blasting circuits—Firing shots from a properly installed and
protected blasting circuit may be permitted by the Chief.

(c) Returning to work.—After firing any shot or shots no workman
shall return to the working place until the smoke has reasonably cleared
away. Before returning to work he shall make a careful examination as
to the condition of the roof and do what is necessary to make the place safe
before beginning to load coal, slate or refuse.

Two or more kinds of explosives in same hole.—In no case shall
more than one kind of explosive be used in the same drill hole except in strip
mining operation.

CHAPTER 4
THE CITY MANAGER

§ 4.01. Appointment, Tenure, Compensation, and Residence.—The
council shall appoint a city manager, who need not be a resident of the
city at the time of his appointment, and fix his compensation. He shall
be the chief administrative and executive officer of the city and shall
devote his full time to the work of the city. No member of the council
shall, during the time for which he has been elected, or for one year
thereafter, be chosen city manager, nor shall the managerial powers be
given to a person who at the same time is filling an elective office.

The city manager shall not be appointed for a definite tenure, but
shall be removable at the pleasure of the council. The council may suspend
him from office, provided that the period of suspension shall be limited to
thirty days. The action of the council in suspending or removing the city
manager shall not be subject to review.
In case of the absence or disability of the city manager, the council
may designate some qualified person to perform the duties of the office.

§ 4.02.—Powers and Duties.—The city manager shall be responsible
to the council for the proper administration of all the affairs of the city
which the council has authority to control, except the legal and judicial
departments. As the administrative and executive head of the city govern-
ment, he shall be responsible to the council for supervising the collection
of all revenues, guarding adequately all expenditures, securing proper
accounting for all funds, looking after the physical property of the city,
exercising general supervision over all city departments, institutions, and
agencies, and coordinating the various activities of the city and unifying
the management of its affairs. To accomplish these purposes he shall have
the following specific powers and duties.

(a) The city manager shall appoint all employees in the service of
the city, except as otherwise provided in this charter. All appointments
shall be on the basis of ability, training and experience of the appointees
which fit them for the work they are to perform. All appointments shall
be without definite term, unless for temporary service not to exceed sixty
days. Any employee of the city appointed by the city manager, may be
laid off, suspended, or removed from employment by the manager.

(b) The city manager may be appointed by the council to act as the
director or head of one or more or all departments of the city, provided
he is otherwise eligible to head such department or departments.

(c) With the approval of the council the city manager shall, subject
to the limitations of § 3.08 (d), fix the compensation of all employees
whom he or a subordinate may appoint or employ.

(d) The city manager shall enforce all resolutions, ordinances and
orders of the council and see that all laws of the State required to be
enforced through the council or other city officers subject to the control
of the council are faithfully executed.

(e) He shall attend all meetings of the council and have the right
to take part in all discussions, to present his views on all matters coming
before the council, and to recommend such action as he may deem
expedient.

(f) He shall submit to the council each year a proposed annual budget,
with his recommendations and execute the budget as finally adopted.

(zg) He shall make regular monthly reports to the council in regard
to matters of administration and keep the council fully advised as to the
financial condition of the city.

(h) He shall examine regularly the books and papers of every officer
and department of the city and report to the council the condition in which
he finds them.

(i) The city manager shall perform such other duties as may be im-
posed upon him by the council.

Chapter 4
, Property—Buildings—Utilities—Streets

§ 4.01. The town is empowered to make and adopt a comprehensive
plan for the town, and to that end all plats and replats hereafter made
subdividing any land within two miles of its corporate limits into streets,
alleys, roads and lots or tracts shall be submitted to and approved by the
council within such limitations as they may prescribe before such plats
or replats are filed for record or recorded in the office of the clerk of the
circuit court of Montgomery County, Virginia.

_ The town council shall have the authority to require real estate sub-
dividers within the corporate limits of the town to construct, at the sub-
dividers’ expense, water mains, sewer mains, streets, drainage, sidewalks,
curbs and gutters. Such construction to be as prescribed by and under the
direction of the town council.

_ _ The town council shall have the authority to negotiate with sub-
dividers without the corporate limits as to the construction of water
mains, sewer mains, and as to water and sewer service.

§ 4.02. The town council shall have the power and authority to
acquire, establish and maintain public grounds, parks, parking lots, play-
grounds and boulevards, to equip and beautify same; to erect and maintain
public buildings for the proper use of the town, to provide a prison house,
workhouse, and to employ managers, physicians, nurses and servants for
the same, and prescribe regulations for their government and discipline,
and persons therein.

§ 4.03. To provide, in or near the town, lands to be used as burial
places for the dead; to improve and care for the same and the approaches
thereto, and to charge for and regulate the use of the ground therein, to
cooperate with any nonprofit corporation in the improvement and care
of burial places and approaches thereto; and to provide for the perpetual
upkeep and care of any plot or burial lot therein, the town is authorized
to take and receive sums of money by gift, bequest, or otherwise to be
kept invested, and the income thereof used in and about the perpetual
upkeep and care of the said lot or plat, for which the said donation, gift,
or bequest shall have been made. .

§ 4.04. For the promotion of health, safety, morals, comfort, prop-
erty and general welfare, the town is empowered to provide by ordinance,
for the adoption of a master plan, divide the area of the town into one or
more districts, establish setback building lines, regulate and restrict the
location, construction, reconstruction, alteration and repair or use of build-
ings and other structures and their height, area and bulk and percentage
of lot to be occupied by buildings or other structures and the trade,
industry and other specific uses of the premises in such districts and adopt
building, plumbing, electrical and other codes to carry these purposes into
effect.

§ 4.05. The town council shall have the power and authority to
establish a market or markets in and for said town, and appoint proper
officers therefor; to provide suitable buildings and grounds therefor; to
prescribe the time for holding markets and to regulate the same, and to
make and enforce such regulations as may be necessary and proper.

§ 4.06. The town council shall have the power and authority to
acquire or otherwise obtain control of, or establish, maintain, operate,
extend and enlarge waterworks, sewerage systems and treatment facilities,
gasworks. electric plants, airports and other public utilities within or
without the limits of the town; and, subject to the provisions of § 25-233
of the Code of Virginia, to acquire within or without the limits of
the town by purchase, condemnation or otherwise, whatever land may
be necessary for acquiring, locating, establishing, maintaining, operating,
extending and enlarging said waterworks, electric plants, airports, and
other utilities, and the rights of way, rails, pipes, manholes, poles, conduits
and wires connected therewith or any or all of which rates, rules and
regulations the council may alter at any time without notice. The town
council may, by ordinance, prohibit the waste and unnecessary use of
water.

§ 4.07. The town council shall have the power and authority to make
and enforce ordinances to secure the safe and expeditious use of the
streets and alleys of the town, and to regulate traffic and parking thereon,
and for the protection of persons and property thereon or near thereto.

§ 4.08. The town council shall have the authority to open, grade,
close, alter, improve, pave, drain, widen or narrow streets, avenues, alleys,
construct curbs, gutters, and walkways.

§ 4.09. The town council shall have the power to require the pay-
ment by the abutting property owners benefitted by the installation of
curbs, gutters and sidewalks, at half of the cost thereof. Such payments
shall be made upon their real estate and collectable in the same manner
as is herein provided for the collection of taxes.

§ 4.10. The town council shall have the exclusive authority to deter-
mine the grades for all streets, sidewalks, curbs, gutters and alleys not in
conflict with the State Department of Highways, and shall have the right
to require permits for, and control of any opening in any street under its
jurisdiction.

§ 4.11. The town council shall have the power and authority to
adopt ordinances authorizing owners: or occupants of property abutting
upon any street or alley in the town, within such limitation as they may
prescribe, to construct and maintain in, upon and over such street or alley,
awnings, fire escapes, sidewalk gratings, basement entrances, shutters,
signs, cornices, gutters, down spouts and bay windows and other append-
ages to buildings; but such permission so granted shall be held and deemed
to be a license merely and shall be revocable at the pleasure of the town,
and said permission shall not be construed to relieve the said owners of
any negligence on their part.

An Act to amend the Code of Virginia by adding to Title 10, Chapter 4
thereof, an Article 6.1, containing §§ 10-83.1 through 10-88.8 providing
for conservation of Dogwood trees (Cornus Florida) and providing
penalties for violations.

[S 88]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding to Title 10, Chapter
4 thereof, an Article 6.1 containing §§ 10-83.1 through 10-83.3, as follows:
ARTICLE 6.1
Dogwood Trees

§ 10-83.1. It shall be unlawful for any person, for himself or as agent,
factor or employee, to purchase or otherwise acquire, or to advertise for the
purchase or acquisition of, unless the advertisement clearly specifies that
the purchase will be limited to Dogwood which measures more than six
inches in diameter at ground level, for manufacturing purposes any Dog-
wood, (cornus florida), which has been cut from any tree having a diameter
at ground level of less than six inches. This prohibition shall not apply to
any newspaper or other publication which accepts and publishes the ad-
vertisement offered by the person, firm or corporation advertising for the
purchase of Dogwood.

§ 10-83.2. The State Forester shall distribute notices calling atten-
tion to the provisions of this article to Forest Wardens for posting in con-
spicuous places in all counties and may cause such notices to be published
in newspapers of general circulation in counties.

§ 10-83.3. Any person purchasing or otherwise acquiring any Dog-
wood in violation of any provision of this article shall be guilty of a mis-
demeanor, and shall upon conviction, forfeit to the Commonwealth the sum
of ten dollars for each such Dogwood tree purchased or otherwise acquired
in violation of the provisions of § 10-83.1 above. Any person advertising
for the purchase or acquisition of Dogwood in violation of the provisions of
this article shall be guilty of a misdemeanor and upon conviction shall be
fined not to exceed one hundred dollars. Any person may enter a com-
plaint as to alleged violation of the provisions of this article, before the
trial justice of the county in which the offense was committed.

/ CHAPTER 4

City Manager

4.01.—Appointment and Qualification.

The council shall appoint a city manager, who shall be the administra-
tive and chief officer of the City. The manager shall be chosen by the
council solely on the basis of his executive and administrative qualifications
and need not, when appointed, be a resident of the City or State, but during
his tenure of office he shall reside within the City. No member of the
council shall, during the time for which elected, be chosen as city manager.
The manager shall be appointed for an indefinite term, but shall be remov-
able at the pleasure of the council. Before the manager may be removed
he shall, if he so demand, be given a written statement of the reasons alleged
for his removal and the right to be heard publicly thereon at a meeting
of the council prior to the final vote on the question of his removal, but
pending and during such hearing the council may suspend him from office.
The action of the council in suspending or removing the manager shall be
final, it being the intention of this charter to vest all authority and fix all
responsibility for such suspension or removal in the council. In case of the
absence or disability of the manager the council may designate some quali-
fied person to perform the duties of the office during such absence or
disability.

; 4,02.—Responsible to Council; Appointment and Removal of Em-
ployees.

The city manager shall be responsible to the council for the proper
administration of all affairs of the City placed in his charge, and to that
end, except as otherwise provided herein, he shall have the power to ap-
point, discipline and remove all officers and employees in the administrative
service of the City, other than elective officials, but the manager may
authorize the head of a department or office responsible to him to appoint
and remove subordinates in such department or office, but he shall report
each appointment of any officer having supervisory or administrative
authority to the council for confirmation at the next meeting thereof follow-
ing any such appointment. The chief of police so appointed by the city
manager and confirmed by the council shall have the power to discipline his
subordinates, and with the approval of the city manager, to discharge any
subordinate for just cause. Appointments made by, or under the authority
of, the city manager shall be on the basis of executive and administrative
ability and of the training and experience of such appointees in the work
which they are to perform. Officers and employees appointed by the city
manager, or under his authorization, may be removed by him, or by the
officer by whom appointed, at any time. The decision of the city manager,
or other officer, in any such case, removing an officer or employee of the
City shall be final, subject to review by the council.

4.03.—Powers and Duties.

It shall be the duty of the city manager to act as chief conservator
of the peace within the City; to supervise the administration of the affairs
of the City; to see that the ordinances of the City and the laws of the
State are enforced; to make such recommendations to the council con-
cerning the affairs of the City as may seem to him desirable; to keep the
council advised of the financial conditions and future needs of the City;
to prepare and submit to the council the annual budget estimate; to prepare
and submit to the council such reports as may be required by that body;
and to perform such other duties as may be prescribed by this charter
or required of him by the council.