CHAPTER 477

An Act to provide a new charter for the town of Middletown; and to re-
peal Chapter 870 of the Acts of Assembly of 1946, approved March
28,1946, which provided a charter for the town. ;

[S 7]

Approved April 5, 1954
Be it enacted by the General Assembly of Virginia as follows:

ARTICLE I
THE TOWN CORPORATE

1. § 1. The inhabitants of the territory embraced within the present
limits of the town of Middletown, in Frederick County, Virginia, as here-
inafter defined, or as the same be hereafter altered or established by law,
shall constitute and continue a body politic and corporate, to be known
and designated as the town of Middletown, and as such shall have and may
exercise all powers which are now, or hereafter may be conferred upon or
delegated to towns under the Constitution and laws of the Commonwealth
of Virginia, as fully and completely as though such powers were specifi-
cally enumerated herein. No enumeration of particular powers by this
charter shall be held to be exclusive.

The town shall have, exercise and enjoy all the rights, immunities,
powers and privileges and be subject to all the duties and obligations now
appertaining to and incumbent on said town as a municipal corporation,
and shall have perpetual succession, may sue and be sued, implead and be
impleaded, contract and be contracted with, and may have a corporate
seal which it may alter, renew, or amend at its pleasure by proper

ordinance.
ARTICLE II
CORPORATE LIMITS

§ 1. The territory embraced within the limits of the town of Middle-
town is as follows:

Both sides of main street, beginning at the Valley turnpike toll-house
property, on west side, and C. E. Sperry’s on east side, and extending
southwest to the property of Isac Rhodes, on both sides of said street and
including all said properties; both sides of Senseny Avenue (West Back
Street), beginning at the property ot E. C. Riding’s on the east side, and
Doctor Davidson’s on west side, and extending southwest to the end of the
original plan of said town, is the property of Isac Rhodes, on a line with
the ending of Main Street, as above, including all of E. C. Riding’s prop-
erty and Doctor Davidson’s residence and so forth to the alley west; both
sides of Church Street (East Back Street), beginning at the property of
J. S. Guyer, and including the same, on the east side, and A. Jenkins, on
west corner, and extending southwest to embrace the residence and
grounds thereof of A. N. Bragg, the several cross streets as are now open
or hereafter opened, and the alleys parallel with the first named three
streets, all as per original plan of town.

ARTICLE III

ADMINISTRATION AND GOVERNMENT

§ 1. The present mayor and councilmen of the town of Middletown
shall continue in office until the expiration of the term for which they
were elected, or until their successors are duly elected and qualified.

§ 2. On the second Tuesday in June, nineteen hundred and fifty-four
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 such electors who shall be councilmen and 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 per-
son 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 the 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 such 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. All elections held
in the town shall be conducted in accordance with general law; the
electorate shall be that prescribed by general law.

4. The council shall be judge of the election, qualification and
return 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 prescribes. Any vacancy occur-
ring otherwise during the term for which such person was elected shall
be filled by the council by the appointment of anyone eligible to such office.
In the event of the failure of the council to fill such vacancy within fifteen
days, the Circuit Court of Frederick County shall make such appointment
to fill the vacancy. 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 time 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 re-
ceive 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.

§ 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. He shall take
care and see that the by-laws, ordinances, acts and resolutions of the
council are faithfully executed and’obeyed. He shall be ex-officio con-
servator of the peace within the town and within one mile of its corporate
limits. 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 the 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. 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
power, authority and jurisdiction of the mayor; in the event of a vacancy
for any reason in the office of mayor, he shall act as mayor until a mayor
is duly appointed by the town council or is elected. The member of the
council who shall be chosen vice-mayor shall continue to have all the
rights, privileges, powers, duties and obligations of councilman even when
performing the duties of mayor during the absence or disability of the
mayor of the town, but when presiding over the council as vice-mayor,
he shall not have the right in case of a tie to cast a vote breaking such tie.

§ 9. The council shall, by ordinance, fix the time and place for their
regular meetings, which shall be held at least once a month. Special meet-
ings may be called by the clerk at the instance of the mayor or any three
members of the council in writing; 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 meet-
ings of the council shall be open to the public except when, in the judgment
of the council, the public welfare requires executive meetings.

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

11. The council shall appoint at its first regular meeting in Septem-
ber 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 reports and ordinances as are required to be published and
shall perform such other duties as the council may require. His compensa-
tion shall be fixed by the council. Any vacancy in this office shall be filled
by the council. oo

§ 12. The council may adopt rules for regulating its proceedings, but
no tax shall be levied, or corporate debt contracted, except by a recorded
two-thirds vote of all the members elected to the council 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. The council shall appoint 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 expenditures of
all departments. He shall be responsible for the collection of all taxes, li-
cense 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. 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
appointed by the Auditor of Public Accounts of the State, such examination
and audit to be reported to the council.

§ 14. The council may designate the place of deposit of all town funds,
which shall be kept by the treasurer separate and apart and not co-
mingled with any personal or other accounts.

§ 15. The council may appoint at its first regular meeting in Septem-
ber or as soon as practicable thereafter, a town sergeant, who shall also be
chief of police and have all the powers vested in town sergeants by general
law. He 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.

§ 16. The council may appoint a police justice for the town pursuant
to § 16-129 of the Code of Virginia, who shall be a resident of Frederick
County or the county seat thereof, and who shall serve a term of two years
or until his successor is appointed and qualified. The police justice is here-
by invested with the right and authority to issue warrants, summon wit-
nesses and try cases involving violations of town ordinances; and he shall be
compensated in such manner and amount as the council may provide.

The conduct of all proceedings and trial and disposition of cases by or
before the police justice and the fees and costs assessed by him shall be
the same as provided by general law relating to trial justices. All fees,
costs and fines imposed and collected by the police justice shall be paid into
the town treasury unless the council by ordinance directs some other dis-
position thereof. Appeals from the decisions of the police justice shall be
allowed and taken in the manner provided by general law for appeals from
trial justices, and shall be to the Circuit Court of Frederick County.

The council shall provide a courtroom for the conduct of such pro-
ceedings and trials, and for necessary records, equipment and supplies
incident thereto. The council may appoint a police court clerk to serve at
the pleasure of the council, to assist the police justice and who shall after
appointment and qualification be empowered to grant bail in matters within
the trial jurisdiction of the police justice.

If there be appointed a police justice, the council may also appoint a
substitute police justice for the town who shall have the same residency
qualifications as the police justice, and whose appointment, qualification
and term shall be the same as the police justice. In the event of the dis-
ability of the police justice to perform the duties of his office due to sick-
ness, absence, unavailability, vacation, or otherwise, the substitute police
justice shall be vested with and may exercise all the rights and authority
of the police justice, and he shall be compensated in such manner and
amount as the council may provide.
Notwithstanding the provisions of this section for the appointment of
a police justice and a substitute police justice, the council by ordinance may
invest the mayor as such with all or any part of the rights, authority,
duties and functions prescribed for the police justice, to exercise the same
and act when the office of police justice is vacant, or in the event of the
disability of the police justice and the substitute police justice, if there be
one, to perform the duties of his office due to sickness, absence, unavail-
ability, vacation or otherwise. In any such event, the clerk mentioned above
in this section shall have the same duties and powers as there specified.

§ 17. In addition to the officers of the town specifically provided for
herein, the council may appoint such other officers, including a town clerk
who may be the same person as the clerk mentioned in § 11 above, as it
may deem necessary, and define the duties, fix the compensation, set the
qualifications and terms of office and require proper bonds of each. The
council may provide for the payment of bond premiums for the official
bond of any of its officers.

§ 18. 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 ordi-
nances, resolutions or by-laws passed by the council, the same shall become
effective thirty days from passage.

ARTICLE IV
TAXATION AND FINANCES

§ 1. The town council shall have control of taxation and finances for
municipal purposes. It shall have the following powers:

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

(2) To raise annually by levy and collection of taxes and assessments
in the town on all such property, real and personal, as is now or may here-
after be subject to taxation by towns by the laws of the Commonwealth,
such sums of money as the council thereof may deem necessary for the
purposes of the town in such manner as the council deems expedient in
accordance with this charter and the laws of this State; provided, however,
that it shall impose no taxes on the bonds of said town.

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

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

(5) To borrow money temporarily, pending the issuance and sale of
any bonds, notes or other obligations authorized by this charter, or in
anticipation of the receipt of taxes and revenue of the current fiscal year,
and to issue notes or other evidences of indebtedness therefor, and from
time to time to renew such temporary loans or to use current funds to be
ultimately repaid from the proceeds of said bonds, notes or other obliga-
tions, or from the town taxes and revenues, as the case may be.

(6) To expend the money of the town for all lawful purposes.

(7) To levy a tax or a license on any slot machine or similar device of
any kind, whether a license may be required therefor by the State or not,
and may, if permitted by general law, exceed the State license if any be
required and may provide penalties for any violation thereof.

(8) To license and regulate the holding and location of shows, cir-
cuses, public exhibitions, carnivals and other similar shows or fairs, or
prohibit the holding of the same, or any of them within the limits of the
town; and may assess a license fee for holding any of the foregoing within
one mile of the town which shall only be sufficient to provide regulation
and protection. This section shall not be construed to prohibit a resident me-
chanic or artist from exhibiting any production of his own art or invention
without compensation, nor shall any license be required of any industrial
arts exhibit nor of any agricultural fair or the shows exhibited within the
grounds of such fair or fairs, during the period of such fair, whether an ad-
mission be charged or not, nor of resident persons performing in a show or
exhibition for charity or other benevolent purposes, nor of exhibitions of vol-
unteer fire companies whether an admission be charged or not. Whenever
such show, exhibition, or performance is given, whether exempted by the
terms hereof or licensed, those engaged therein and operating under either
such license or exemption, shall be exempt from a license tax for perform-
ing or acting thereat; provided, however, that this shall not be construed to
allow without license a performance for charitable or benevolent purposes by
a company, association or persons, or a corporation, who makes it their
business to give exhibitions, no matter what terms of contract may be
entered into or under what auspices such exhibition is given by such com-
pany, association or persons, or corporation, for benevolent or charitable
purposes, it being the intent and meaning of this section that every com-
pany, association or persons, or corporation, which makes its business that
of giving exhibitions for compensation, whether a part of the proceeds are
for charitable or benevolent purposes or not, shall pay the license tax
required by law.

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

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

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

ARTICLE V

PROPERTY
§ 1. The town council shall have the following powers:

(1) To acquire by purchase, gift, devise, condemnation, or otherwise,
property, real or personal, or any estate therein within the town, for any
purpose of the town, not inconsistent with the general law, and to hold,
improve, sell, lease, mortgage, or pledge, or otherwise dispose of the same
or any part thereof, including any property now owned by the town.

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

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

(4) To acquire by condemnation, purchase or otherwise, provide for,
maintain, operate and protect aircraft landing fields either within or with-
out the corporate limits of the town.

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

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

ARTICLE VI
UTILITIES
§ 1. The town council shall have the following powers:

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

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

(3) To establish, construct and maintain sanitary sewers, sewer
lines and systems, and to require abutting property owners to connect
therewith; to establish, construct, maintain and operate sewage disposal]
plants, and to acquire by condemnation or otherwise within or without the
town limits, all land, rights of way, riparian and other rights and ease-
ments necessary for said purposes and to charge and assess and collect
reasonable fees, rentals, assessments of costs of service for connection with
and using the same.

(4) To charge and collect fees for permits to use public facilities and
for public services and privileges; and to have the right and power to
charge for any service rendered or convenience furnished to those residing
without the corporate limits different from the rates charged for similar
services or conveniences to those residing within the corporate limits.

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

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

(7) To grant franchises for public utilities in accordance with the
provisions of the Constitution and general laws; provided however, the
town shall at any time have the power to construct, own, operate, manage,
sell, encumber or otherwise dispose of, either within or without the town,
any and all public utilities for the town, and to sell the services therefor, if
permitted by any existing franchises; provided that such public utilities are
primarily for the purpose of serving the town.

ARTICLE VII
STREETS

§ 1. The town council shall have the following powers:

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

(2) To give names to or alter the names of the streets and to designate
by number all lots and buildings thereon.

ARTICLE VIII
BUILDING REGULATIONS

§ 1. The town council shall have the following powers:

(1) To regulate the size, height, materials and construction of build-
ings, fences, walls, retaining walls and other structures hereafter erected
in such manner as the public safety and convenience may require; to re-
move or require to be removed or reconstructed any building, structure or
addition thereto which by reason of dilapidation, defect of structure or
other causes is dangerous to life or property, or which may be erected
contrary to law.

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

(3) To make and adopt a comprehensive plan for the town and to
that end all plats and replats hereafter made subdividing any land within
the town, or within one mile thereof, into streets, alleys, roads and lots or
tracts, shall be submitted to and approved by the council before such plats
or replats are filed for record or recorded in the office of the clerk of the
Circuit Court of Frederick County, Virginia; provided that control of sub-
divisions of land without the town shall be subject to general law.

(4) To issue or refuse (in case of noncompliance with the building
requirements of the town) to issue, permits for the construction of build-
ings, fences, walls, and other structures in the said town; and provide for
the punishment of any person, firm or corporation failing to secure such
permit prior to the beginning of said construction or other work.

ARTICLE IX
ADDITIONAL POWERS

§ 1. In addition -to powers elsewhere mentioned in this charter the
town shall have the following powers:

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

(2) To extinguish and prevent fires and to establish, regulate and con-
trol a municipal fire department or division; to establish and designate from
time to time fire limits, within which limits wooden buildings shall not be
constructed, added to, enlarged or repaired, and to direct that any or all
future buildings within such limits shall be constructed of stone, natural
or artificial, concrete, brick, iron or other fireproof materials; to enact laws
for securing the safety of persons from fire in halls and buildings used for
public assemblages, entertainments or amusements.

(3) To direct the location and construction of all buildings for storing
explosives or combustible substances; to regulate the sale and use of gun-
powder, nitroglycerin, fireworks, kerosene, gasoline and other like ma-
terial; to regulate or prevent the exhibition of fireworks, the discharge of
ipo and the making of bonfires within the corporation limits of the
said town.

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

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

(6) To provide and maintain either within or without the town chari-
table, recreative, curative, corrective, detentive or penal institutions.

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

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

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

§ 2. The town shall have further powers to:

(1) To prevent any person having no visible means of support,
paupers and persons who may be dangerous to the peace and safety of the
town from coming to town from without the same; and to expel therefrom
any such person who has been in the town less than twelve months.
(2) To exercise full police powers and establish and maintain a de-
partment of police.

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

(4) To prohibit persons under 18 years of age from and punish them
for frequenting, playing or loitering in the public poolroom, billiard parlor,
or bowling alley and to punish any proprietor or agent thereof for permitting
same.

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

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

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

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

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

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

(11) To provide by ordinance a system of meat and milk inspection
and appoint milk and meat inspectors, agents or officers to carry the same
into effect ; to prevent, license, regulate, control and locate slaughter houses
within the corporate limits of the town, and for such service of inspection
to make reasonable charges; and to provide reasonable penalties for the
violation of such ordinances.

§ 3. The town shall have the further power to:

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

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

(3) To make and enforce ordinances, insofar as are not prohibited by
the general laws of this State, to regulate, control, license and/or tax
the manufacture, bottling, sale, distribution, transportation, handling,
advertising, possession, dispensing, drinking and the use of alcoholic
beverages.

(4) To require every owner or operator of motor vehicles residing
in the town on a date to be designated by the council to annually register
such motor vehicle and to obtain a license to operate the same by making
application to the treasurer of the town or such other person as may be
designated by the council; to issue such license and to require the owner
to pay the annual license fees therefor to be fixed by the council, provided
that the license fees shall not exceed the amount charged by the State on
such vehicles. Such license plate shall be attached on a conspicuous part
of the motor vehicle for which issued and kept thereon in plain view
for common observation. The council may prorate such license fee over
periods of not less than three months.

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

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

(7) To put into force and effect by ordinance any and all of its powers
and to prescribe punishment for the violation of any town ordinance, rule,
or regulation, or any provision of this charter, the penalty not to exceed
five hundred dollars fine or twelve months in jail or both, provided such
penalties do not exceed those prescribed by the State for a similar offense.

(8) The town council may exercise all powers which, under the Con-
stitution and laws of the Commonwealth, it would be competent for this
charter specifically to enumerate.

ARTICLE X
ACTIONS AGAINST THE TOWN

-§ 1. No actions shall be maintained against the town for damages
for any injury to any person or property, or for wrongful death, alleged
to have been sustained by reason of the negligence of the town or any
officer, agent or employee thereof unless a written statement of the
claimant, his agent or attorney, or the personal representative of any
decedent whose death is a result of the alleged negligence of the town,
its officers, agents or employees, of the nature of the claim and the time
and place at which the injury is alleged to have occurred or to have been
received shall have been filed with the mayor or any attorney appointed
by the council for the purpose within sixty days after such cause of action
shall have occurred, except where the claimant is an infant or not compos
mentis or the injured party dies within such sixty days, such statement
may be filed within one hundred and twenty days, and no officers, agents
or employees of the town shall have authority to waive such conditions
precedent or any of them.

ARTICLE XI

MISCELLANEOUS
§ 1. That nothing contained in this act shall be construed to invali-
date or to, in any manner, affect the present existing indebtedness and
liabilities of the town of Middletown, whether evidenced by bonded obliga-
tions or otherwise.
§ 2. All ordinances in force in the town of Middletown not incon-
sistent with this charter shall be and remain in force until altered,
amended or repealed by the council.

§ 3. This act may for all purposes be referred to or cited as the
Town of Middletown Charter of 1954.

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

2. An emergency exists and this act is in force from its passage.
3. Chapter 370 of the Acts of Assembly of 1946, approved March 28,
1946, is repealed.