CHAPTER 580

An Act to provide a new charter for the town of Elkton in Rockingham
County, and to repeal Chapter 347 of the Acts of Assembly of 1908,
approved March 14, 1908, which provided a charter for said town,
and all amendments thereof. ‘H 187)

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

1. § 1. The inhabitants of the present territory comprising the town
of Elkton, as such limitations are now or may be hereafter altered and
established by law, shall constitute and continue a body politic and
corporate, to be known and designated as: the Town of Elkton, 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 specifically enumerated herein, and no enumeration of
particular powers by this charter shall be held to be exclusive, and 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 the town as a municipal corporation, and the Town of
Elkton, as such shall have perpetual succession, may sue and be sued,
implead and be impleaded, contract and be contracted with, and may
have a corporate seal which it may alter, renew, or amend at its pleasure
by proper ordinance.

§ 2. The present territory comprising the Town of Elkton is
described by metes and bounds as follows:

Beginning at the intersection of the west line of First Street and the
north line of Spottswood Avenue (U.S. Route +33) ; thence north fifteen
degrees thirty minutes east four hundred and fifty-five feet to a post, a
corner to Dr. E. B. Miller; thence south seventy-four degrees thirty
minutes east eight hundred and thirteen feet to a post, a corner to Dr.
E. B. Miller; thence with his line and W. H. Miller’s line north twenty-five
degrees east eleven hundred and thirty-eight feet to a stake in Herbert L.
Miller’s and C. L. Kite’s line, two hundred and forty-two feet from center
of Shenandoah Avenue; thence north twenty degrees twenty-five minutes
east eight hundred and eighty feet to a stake in C. L. Kite’s north yard
fence (formerly M. M. Jarman), and with same to Shenandoah Avenue
south seventy-five degrees ten minutes east one hundred and eighty-three
feet to a stake in the east line of Shenandoah Avenue, and with said east
line north fifteen degrees fifty minutes east nine hundred and seventy-nine
and six-tenths feet; thence north twenty-four degrees east two hundred
and twenty feet to the west line of the Norfolk and Western Railway right
of way; thence north fifty-five degrees forty-five minutes east eighty-two
and five-tenths feet to the east line of said Norfolk and Western Railway
right of way; thence with south side of Public Road No. 633 south eighty-
six degrees thirty minutes east thirteen hundred feet, crossing Route No.
340, to west line of Elk Run Public Road (now North Street) ; thence
south forty-eight degrees ten minutes east thirty-five hundred and five
feet to old northeast corner of the Elk Run Cemetery, and with east line
of same south thirty-five degrees east five hundred and fourteen feet to
center of Furnace Public Road No. 759; thence south forty-three degrees
west seven hundred and forty-two feet to center of Rockingham Street
(Road No. 623) ; thence continuing same line with W. E. Kite, six hundred
and twenty-seven feet to Elk Run Creek, and with same thence north
eighty degrees thirty minutes west six hundred and fifty-six feet; thence
north eighty-seven degrees fifty minutes west seven hundred and eighty-
seven feet; thence south seventy degrees thirty minutes west three hun-
dred and thirty-one feet; thence south sixty-nine degrees fifteen minutes,
west four hundred and sixty-five feet in W. E. Kite’s land line; and the
line of the Elkton Improvement Company; thence with said line south
twenty-one degrees forty-five minutes east three hundred and eighty feet
to a corner in Route No. 33; thence south seven degrees west one hundred
and twenty-five feet to a hub; thence south thirty-six degrees forty-five
minutes west three hundred and twenty-three feet, crossing Route #340,
to a stake; thence south seven degrees west one hundred and sixty feet
to a stake in south line of Marshall Avenue; thence with said south line
north eighty-three degrees west four hundred and forty feet to a hub,
corner to the east line of Seventh Street, and with the east line thereof
south seven degrees west one thousand and fifty feet to a stake in south
line of Fairfax Avenue; thence, with the south line of Fairfax Avenue,
north eighty-three degrees west six hundred and sixty feet to a post on
east line of Sixth Street; thence, with the east line of Sixth Street, south
seven degrees west nine hundred and twenty-one feet to a hub, corner of
the lands of Lam and J. Dean, and with their lines; thence a continuation
of above line south seven degrees west five hundred and thirty-two and
six tenths feet to a hub on south side of a spring branch; thence crossing
said branch south seventy-one degrees east one hundred and fifty-one feet
to a post; thence south seven degrees west four hundred and seventy-four
and five-tenths feet, with Dean, to a post on north side of public road
(No. 633); thence with north side of said road, crossing Norfolk and
Western Railway and Shenandoah River, and with Laurie Wine, north
seventy-eight degrees west eight hundred and six feet to a stake on west
bank of said River; thence with the west bank thereof north eleven
degrees thirty minutes west four hundred and seventy-six feet; thence
north fifteen degrees fifteen minutes west three hundred and forty-seven
feet; thence north twenty-nine degrees west two hundred and ninety feet;
thence north forty degrees thirty minutes west five hundred and eighteen
feet to Chesapeake Western Railway; thence north twenty-nine degrees
forty-five minutes west two hundred and eight feet; thence north thirty-six
degrees thirty minutes west seven hundred and six and six-tenths feet;
thence north forty-four degrees forty-five minutes west two hundred and
fourteen feet; thence north fifty-five degrees west four hundred and
seventy-five feet; thence north seventy-one degrees forty-five minutes west
eleven hundred and twenty feet near the W. H. Marshall and Joseph
Taylor line on a bluff on west side of Shenandoah River; thence recrossing
the River, north sixty-nine degrees fifteen minutes east fourteen hundred
and sixty-five feet to a point in the middle of Elk Run, Herman Zetty’s
corner; thence with Zetty and the west line of First Street, north fifteen
degrees thirty minutes east one thousand ninety-two feet to the beginning.

§ 3. The administration and government of the town is vested in
the Council composed of a mayor and six councilmen, all of whom shall
be electors of the Town.

(a) The said Council shall be elected in the manner provided by
law, as follows: At the regular municipal election to be held on the
second Tuesday in June, nineteen hundred fifty-four, the Mayor and six
Councilmen shall be elected. The Mayor shall be elected for a term of
two years. The three members, each of whom has received more votes
in said election than each of the other members, shall serve as members
of the council for terms of four years each. The remaining three members
shall serve for a term of two years each. At the regular municipal elec-
tion to be held on the second Tuesday, June, nineteen hundred fifty-six,
and every two years thereafter, three councilmen shall be elected for
terms of four years each. Terms of office shall begin on the first day of
September next following their election. Each councilman and the mayor
elected as hereinabove provided shall serve for the term stated or until
his successor has been elected and qualified. The council shall be a con-
tinuing body, and no measure pending before such body shall abate or
be discontinued by reason of expiration of term of office or removal of
any of its members.

b) Any vacancy in the council shall be filled within thirty days,
for the unexpired term, by a majority vote of the remaining members;
provided, that if the term of office to be filled does not expire for two
years or more after the next regular election for councilmen, following
such vacancy and such vacancy occurs in time to permit it, then the
council shall fill such vacancy only for the period then remaining until
such election, and a qualified person shall then be elected by the qualified
voters and shall from and after the date of his election and qualification
succeed such appointee and serve the unexpired term. The number of
candidates for council equal to the number of vacancies to be filled for
full terms receiving the highest number of votes shall be entitled to such
full terms and the candidate receiving the next highest number of votes
shall be entitled to the unexpired term caused by such vacancy.

§ 4. The electors of the Town of Elkton shall be the actual residents
of the town, who are otherwise qualified to vote for members of the
General Assembly.

§ 5. The municipal officers of said town shall, in addition to the
mayor, consist of a treasurer, clerk of the council, a town attorney, and
such other officers, including a town sergeant, as may be provided for by
the town council; and the council may appoint such committees of the
council and create such boards and departments of town government and
administration with such powers and duties and subject to such regula-
tions as it may see fit, consistent with the provisions of this act and the
general laws of this State. The council may provide by ordinance that
said Treasurer and Clerk may be one and the same person.

§ 6. The Council of the Town of Elkton may, in its discretion,
elect a town manager who may also serve as town engineer. Upon the
election of a town manager by the council he shall be vested with the
administrative powers of the town and shall hold office during the
pleasure of the council. He shall receive such compensation as shall be
fixed by the council. He shall attend all meetings of the council and
recommend for adoption such measures as he shall deem expedient. He
shall make reports to the council from time to time upon the affairs of
the town, keep the council fully advised of the town’s financial condition
and its future financial needs. He shall prepare and submit to the council
a tentative budget for each fiscal year. He shall perform such other duties
as may be prescribed by the council and shall be bonded in such amount
as the council may deem necessary.

§ 7. All officers and employees appointed may be removed by the
town council at its pleasure, and where the appointment is by a com-
mittee or board, or where such appointment is by the mayor, or head of
a department, such removal may be by order of the mayor or head of
department.

§ 8. The council shall by ordinance or resolution fix the salaries of
all officers and employees of the town elected or appointed by it, or
appointed by its authority and may so far as is not inconsistent with the
provisions of this charter, define the powers and prescribe the duties of
all such officers and employees. To effectuate the powers conferred by
general law as well as the powers herein specifically granted, the council
may employ all such persons as may be necessary.

§ 9. It shall be lawful for any officer appointed by the council, any
committee, municipal board, or the head of any department to fill two or
more of the offices whose incumbents are appointed by the council or by
any appointing power designated by the council, subject to the same
penalties, liabilities and requirements as to each of said offices as would
apply to the incumbents thereof if held by different persons.

§ 10. No member of the town council during his tenure of office
as such shall be eligible for election to any remunerative office to be filled
by the council.

11. The mayor, councilmen and all municipal officers of said town
shall, before entering upon the duties of their respective offices, be sworn
in accordance with the laws of the State of Virginia by anyone authorized
to administer oaths under the laws of the State.

§ 12. When the mayor, councilmen, treasurer and clerk take the
oaths required of them, duplicate certificates of the court or person admin-
istering the same, stating the fact of their having been taken, shall be
obtained by the person taking the same and be by him delivered for
record as follows: one to the clerk of the circuit court of Rockingham
County and one to the clerk of the town council. When any other munici-
pal officer takes the oath required of him, a certificate as aforesaid, shall
be secured by him and delivered to the clerk of the town council.

§ 13. If any person elected or appointed to any office in said town
shall neglect to take such oath on or before the day on which he is to
enter upon the discharge of the duties of his office, or shall, for twenty
days after the beginning of his term of office, fail to give such bond with
such security as may be required of him by the council of said town, he
shall be considered as having declined said office, and the same shall be
deemed vacant, and such vacancy shall be filled as prescribed in this act
or by the general laws of this State.

§ 14. If any person, having been an officer of said town, shall not
within ten days after he shall have vacated or been removed from office,
and upon notification or request of the council within such time as it may
allow, deliver to his successor in office all property, books and papers
belonging to the town or appertaining to such office, in his possession or
under his control, he shall forfeit and pay to the town a sum not exceed-
ing five hundred dollars, to be sued for and recovered with costs; and all
books, records and documents used in any office by virtue of any provision
of this act, or of any ordinances or order of the town council, or any
superior officer of said town, shall be deemed the property of said town
and appertaining to said office, and the chief officer thereof shall be held
responsible therefor.

§ 15. The mayor shall be elected by the qualified electors of the
town for the term of two years. His salary shall be fixed by the town
council, and shall not be diminished during his term of office.

§ 16. The mayor shall be the chief executive officer of the town and
it shall be his duty to see that the by-laws and ordinances thereof are
fully executed, and he shall preside over the meetings of the town council,
voting only in case of a tie.

§ 17. The mayor shall communicate to the town council annually
at the beginning of each fiscal year, or oftener, if he be required by the
council, a general statement of the condition of the town in relation to
its government, finances and improvements, with such recommendations
as he may deem proper; and may from time to time communicate to the
council such suggestions and recommendations as he shall deem proper.

§ 18. In case of the absence or inability of the mayor to act, the
president pro tempore of the council, to be chosen by a majority of the
council present at a legal meeting or in his absence or inability to act,
some other member of the council selected in the same manner, shall
possess the same power and discharge the municipal duties of the mayor
during such absence or inability.

§ 19. In case a vacancy shall occur in the office of the mayor, the
vacancy shall be filled by the method provided in paragraph 3 (b) for
filling vacancies in council.

§ 20. The town council, composed of the mayor and six councilmen,
shall be elected at large by the popular vote of the qualified electors of
the town.

§ 21. The town council is hereby authorized and empowered, by
ordinance or resolution, passed by the affirmative recorded vote of two-
thirds of the full membership thereof, to be determined by yeas and nays,
to provide and fix salaries for its members, at such sums or in such
amounts not exceeding the sum or amount of two hundred and forty
dollars per annum for each member, as it may determine, to be payable
in such amounts and at such time or times as it may direct.

The council may provide and fix the salaries for its members, on
the basis of stated amounts or sums, not exceeding the limits herein pro-
vided, for each regular meeting of council attended by members, and
may prescribe that no member shall receive any compensation for any
meeting of said council not attended by such member.

And in the event said salaries shall be provided and fixed within nine
months from the date of the commencement of the terms of office of said
members, the said council is hereby further authorized and empowered
to make said salaries relate back to and become payable from the com-
mencement of the terms of said members.

Said salaries, when provided and fixed, shall be payable out of the
general funds of said town when approved for payment by said council.
Said salaries shall not be increased or diminished during term of office.

§ 22. The council shall by ordinance adopt such rules as it might
deem proper for the regulation of its proceedings and shall meet at such
times as may be prescribed by ordinance, provided, however, that it shall
hold at least one regular meeting each month. A majority of the council
shall constitute a quorum for the transaction of business, but no ordinance
or resolution shall be adopted having for its object the levying of taxes
or contracting a debt except by a recorded, affirmative vote of two-thirds
of the members elected to the council. The mayor, or any other two
members of the council, may call a special meeting of the council upon
at least twelve hours written notice of the time, place and purpose to
each member served personally or left at his usual place of business or
residence by the town sergeant, and no business shall be transacted by
the council in such special meeting which has not been stated in the
notice, provided, however, that these regulations shall not apply when all
memhers of the council attend such meeting or waive notice thereof, nor
shall it apply to an adjourned session from a regular meeting. No ordi-
nance or resolution appropriating money exceeding the sum of five hun-
dred dollars, imposing taxes, or authorizing the borrowing of money, shall
be passed by the council on the same day on which it is introduced, nor
shall any such ordinance or resolution be valid until at least three days
intervene between its introduction and the date of passage. No ordinance
or resolution appropriating money exceeding the sum of one hundred
dollars shall be passed except by the recorded affirmative vote of a
majority of all members elected to the council. The meetings of the
council shall be public, unless the council by a recorded affirmative vote
of two-thirds of its members shall declare that the public welfare demands
an executive session of the council; and citizens may have access to the
minutes and records of the council at any reasonable time.

§ 23. The mayor and four councilmen, or, in the absence of the
mayor, four councilmen, shall constitute a quorum for the transaction of
business, except as herein or by the general statutes of this State other-
wise provided. But no vote shall be reconsidered or rescinded at any
special meeting, unless at such special meeting there be present as large a
pombe of members of the council as were present when such a vote was
taken

§ 24. A journal shall be kept of the proceedings of the town council,
and at the request of any member present the yeas and nays shall be
recorded on any question. At the next meeting the proceedings shall be
read and signed by the person who was presiding when the previous meet-
ing adjourned, or if he be not then present, by the person presiding when
they were read.

§ 25. The clerk of the council shall keep said journal and shall
record the proceedings of the council at large thereon, and keep same
properly indexed.

§ 26. The town council shall be judge of the election, qualifications
and returns of its members; may compel the attendance of absent mem-
bers, and fine them for disorderly behavior, and, with the concurrence
of two-thirds, expel a member for malfeasance or misfeasance while in

§ 27. If any person returned as a member of the council shall be
adjudged by the council disqualified or be expelled, a new election to fill
the vacancy shall be held at the same place, on such day as the council
may prescribe.

Any vacancy in the town council occurring otherwise than as
mentioned in § 27 above, during the term for which a member of the
said council has been elected, shall be filled by the council, by the
appointment, of any one eligible to such office.

§ If any member of said council be voluntarily absent from its
meetings consecutively for three months, his seat may be declared vacant
by the council, and the unexpired term filled by appointment as provided
in paragraph 8 (b).

The town council shall have, subject to the provisions of this
act and the general laws of this State, the management and control of the
fiscal] and municipal affairs of the town, and of all property, real and
personal, belonging to the town.

§ 3 The town council shall have all power and authority that is
now or may hereafter be granted to the councils of towns by the Consti-
tution and general laws of this State; and the recital of special powers
and authorities herein shall not be taken to exclude the exercise of any
power and authority granted by the general laws of the State to town
councils, but not herein specified.

§ 32. For carrying into effect the powers granted by this act and
the general laws of this State, the town council may make ordinances and
by-laws, and prescribe fines and other punishments for violation thereof,
lay taxes and levies, appoint a collector of taxes and levies, and such other
officers as they may deem proper, define their powers, "prescribe their
duties and compensation, and take from any of them a bond, with surety,
in such penalty as to the council may seem fit, payable to the town by
its corporate name, and with condition for the faithful discharge of the
said duties.

§ 33. To raise annually by levy of taxes and assessments in the
town on all property, real and personal, as is now or may be subject to
taxation by towns by the laws of this Commonwealth, such sums of money
as the council shall deem necessary for the purposes of the town, in the
manner as the council shall deem expedient in accordance with the Con-
stitution of this State and of the United States.

§ 34. To require the owner of every motor vehicle kept or habitually
used in the town, on a date to be designated by the council, to annually
register such motor vehicle and to obtain a license to operate the same
by making application to the town treasurer, or such other person as may
be designated by the council to issue said license, and to require the vehicle
owner to pay an annual license fee therefor to be fixed by the council
provided that the license shall not exceed the amount charged by the State
on the said vehicle.

§ 35. To establish, levy, and collect, except when prohibited by
general law, a tax or license on any person, firm, or corporation pursuing
or conducting any trade, business, profession, occupation, employment or
calling whatsoever within the boundaries of the town, whether a license
may be required therefor by the State or not, and may exceed the State
ycense, if any be required and may provide penalties for nonpayment
thereof.

§ 36. Where not otherwise provided for by the laws of this State
the town council shall by ordinance provide for any irregular elections not
herein or by the State laws provided for, and appoint the necessary officers
to conduct the same.

The town council shall have the power and authority to pro-
tect the persons and property of the inhabitants of the town and others
within the town, restrain and punish drunkards, vagrants and street beg-
gars; to prevent vice and immorality; to preserve the public peace and
good order; to prevent and quell riots, disturbances and disorderly assem-
blages; to suppress houses of ill fame and gambling houses; to prevent and
punish lewd or indecent conduct or exhibitions in the town, and to expel
therefrom persons guilty of such conduct who have not resided therein
as much as one year; and for any violation of such ordinances may impose
fines and other punishments in addition to those prescribed by the laws
of the State.

§ 38. The town council shall have the power and authority to
prevent the coming into the town of persons having no ostensible means
of support, and of persons who may be dangerous to the peace and
safety of the town.

§ 39. The town council shall have the power and authority, where
any crime has been committed or attempted to be committed in the town,
in their discretion, to offer such reward as they think right to any person
or persons for information leading to the arrest or conviction of any such
criminal.

§ 40. 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.

. The town council shall have the power and authority to
provide for the weighing or measuring of oil, coal, or any other article
for sale, and regulate the transportation thereof through the streets.

§ 42. The town council shall have the power and authority to lay
off public grounds and to provide, erect and keep in order all buildings
proper for the use of the town; to provide a prison house and workhouse,
and employ managers, physicians, nurses and servants for the same,
and prescribe regulations for their government and discipline, and per-
sons therein.

§ 43. The town council shall have the power and authority to
prevent injury or annoyance from anything dangerous, offensive, or
unhealthy, to provide by general ordinances what are nuisances, to cause
the abatement of any nuisance so declared to be by the general laws of
this State or by the general ordinances of the town, and to require and
compel the abatement and removal of such nuisances within said town
by or at the expense of the owners of the ground whereon the same may
be or of other persons responsible therefor.

§ 44. The town council shall have the power and authority to
appoint a chief of police and such additional police officers and privates
as it may deem necessary or proper, to prescribe rules and regulations for
the government thereof, to prescribe uniforms and badges of officers
therefor, and to prescribe their rate of pay; and in addition thereto the
mayor, or in his absence, the president pro tempore of the council, or in
the absence of both, any councilman, shall have the power and authority
whenever the regular police force of the town is inadequate to meet the
needs of the occasion, to appoint and swear in such additional or special
policemen as he may deem requisite for a term of service not to exceed
ten days, and at such compensation as the council may fix for special
policemen. The duties and powers of such special policemen shall be the
same as that of private of the regular police force.

§ 45. The police force shall be under the control of the mayor the
the purpose of enforcing peace and order and executing the laws of the
State and ordinances of the town. They shall also perform such other
duties as the council may prescribe. For the purpose of enabling them
to execute their duties, each policeman is hereby invested with all the
power and authority which belongs to the office of constable at common
law in criminal cases. Their pay, uniforms, and the rules and regulations
for said police force shall be prescribed by the council.

§ 46. The policemen of the town shall have no power or authority
in civil matters, but they shall in all other cases execute such warrants
or summonses as may be placed in their hands by the mayor or any
councilman of said town, or any other properly constituted authority, and
shall make due return thereof. The criminal jurisdiction of the policemen
of the town shall extend one mile beyond the corporate limits of the town.

§ 47. The town council shall have the power and authority to
establish and maintain a fire department for the town, and all powers
necessary for the government, management, maintenance, equipment and
direction of such fire department and the premises, property and equip-
ment thereof; or the council may contract with other persons, firms,
corporations or organizations to furnish for the town such services as are
normally provided by a fire department and to provide such regulations
as it may determine to be appropriate to govern such persons, firms,
corporations or organizations in the performance of its functions under
such contracts. The council may make ordinances as it may deem proper
for the prevention and extinguishment of fires, for the regulation of the
conduct of persons in attendance at fires, in relation to the powers and
duties of the officers and men of the fire department, to require citizens
to render assistance to the fire department in case of public emergency
and in relation to the acquisition, use, maintenance and preservation of
real estate, personal property, fire apparatus and equipment necessary
or proper for the use of the fire department.

§ 48. The town council shall have the power and authority to
regulate the keeping or storage of gunpowder or other combustibles within
the town, and to provide magazines for the same, and direct the location
of all buildings for the storage thereof; to regulate the sale and use of
gunpowder and other combustibles, and firecrackers or fireworks manu-
factured therefrom, kerosene oil, nitroglycerine, camphene, burning fluid,
or other combustible material; to regulate the exhibition of fireworks
and the discharge of firearms, and to restrict the making of bonfires in
streets, alleys and yards.

§ 49. The town council shall have the power and authority to
acquire or otherwise obtain control of or establish, maintain, operate,
extend and enlarge waterworks, gasworks, electric plants, and other
public utilities within or without the limits of the town; and to acquire
within or without the limits of the town by purchase, condemnation or
otherwise, whatever land may be necessary for acquiring, locating, estab-
lishing, maintaining, operating, extending and enlarging said waterworks,
electric plants and other utilities, and the rights of way, rails, pipes, poles,
conduits and wires connected therewith or any of the fixtures or appurten-
ances thereof; promulgate and enforce reasonable rates, rules and regula-
tions for use of the same, any or all of which rates, rules and regulations
the council may alter at any time.

The council may discontinue serving water and electricity to any
consumer who defaults in payment for such service within the time
prescribed by the council for the payment thereof, for so long as such
default continues.

§ 50. The town council shall have the power and authority to
require the owners or occupiers of the real estate within the corporate
limits of the town which may front or abut on the line of any sewer or
water pipe line or conduit to make connections therewith, and to use such
sewer pipes and conduits and water furnished by the town under such
erdinances and regulations as the council may deem necessary to secure
the proper sewerage thereof and to improve and secure good sanitary
conditions; and shall have the power to enforce the observance of all such
ordinances and regulations by the imposition and collection of fines and
penalties, to be collected as other fines and penalties under the provisions
of this act.

§ 51. The town is empowered to make and adopt a comprehensive
plan for the town, and to that end all plats and re-plats hereafter made
subdividing any land within the town or 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 re-plats are filed for record or recorded in the Clerk’s
Office of the Circuit Court of Rockingham County.

§ 52. The town council shall have the authority to open, close, alter,
improve, widen or narrow streets, avenues, alleys and walkways; to have
them kept in good condition and properly lighted, to prevent the cumber-
ing of streets, sidewalks, alleys, lanes or bridges of the town in any
manner whatever; to prevent the building of any structure, obstruction
or encroachment over, under or in any street, sidewalk or alley in said
town. And in the construction or improvement or paving of any alley or
sidewalk assess the abutting land owner for all or part of the cost of the

e. ,

§ 58. 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, shutters, signs, cornices, gutters, downspouts
and bay windows and other appendages 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.
§ 54. The town council shall have the power and authority in their
discretion to establish and maintain parks, playgrounds and boulevards
and cause the same to be laid out, equipped and beautified.

§ 55. 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
buildings and other structures and their height, area and bulk and per-
centage 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.

§ 56. 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, to regulate traffic thereon, and for the
protection of persons and property thereon or near thereto.

§ 57. 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 plot, for which the said donation, gift,
or bequest shall have been made.

§ 58. The clerk of the council shall be appointed by the council, and
shall attend the meetings of the council and shall keep permanent records
of its proceedings; he shall be custodian of the town seal and shall affix it
to all documents and instruments requiring the seal, and shall attest the
same; he shall keep all papers, documents, and records pertaining to the
town, the custody of which is not otherwise provided for in this charter;
he shall give notice to all parties, presenting petitions or communications;
he shall give to the proper department or officials ample notice of the
expiration or termination of any franchise, contract or agreements; he
shall publish such records and ordinances as the council is required to
publish, and such other records and ordinances as it may direct; he shall
upon final passage transmit to the proper departments or officials copies
of all ordinances or resolutions of the council relating in any way to
such departments or to the duties of such officials, and he shall perform
such other acts and duties as the council may, from time to time, allow
or require.

§ 59. There shall be appointed by the council a town treasurer,
who shall hold office during the pleasure of the council; but the present
treasurer of the town shall continue to discharge the duties of the office
until his present term of office expires. Any vacancy in this office shall
be promptly filled by the council. The said treasurer shall be the disburs-
ing agent of the town and have the custody of all money and all evidences
of value belonging to the town or held in trust by the town. He shall
receive all money belonging to and received by the town and keep correct
accounts of all receipts from all sources and of all expenditures of all
departments. He shall collect all taxes and assessments, water rents,
electric bills, and other charges belonging to and payable to the town,
and for that purpose he is hereby vested with powers similar to those
which are now or may hereafter be vested in county and town treasurers
for the collection of county, town, and State taxes under the general law:
he shall keep, disburse and deposit all money or funds in such manner
and in such places as may be determined by ordinance or the provisions
of the law applicable thereto; he shall pay no money out of the treasury,
except in the manner prescribed by this charter or by ordinance or the
general law; he shall perform such duties as are usually incident to the
office of commissioner of revenue in relation to the assessment of property
for town taxation, other than such property as is assessed by the com-
missioner of revenue of the county, and town license taxes and shall have
power to administer oaths in the performance of his official duties ; and
shall make such reports and perform such other duties not inconsistent
with the office as may be required by this charter or by ordinance or
resolution of the council. The treasurer shall not be entitled to any com-
mission for handling the funds of the town but shall be paid such salary
as may be provided by the council, and before entering upon the duties
of his office shall execute a bond in such amount and with such security
as the council by ordinance may prescribe. The council may, in its
discretion, and if it deems it necessary or convenient, appoint some person
or persons from the electors of the town to assist the town treasurer in
the collection of all taxes and assessments, water rents, electric bills and
other charges belonging to and payable to the town, which person may
be the town sergeant, or superintendent of water works or electric depart-
ment, but before entering upon the discharge of his duties, such person
shall execute a bond in such amount and with such security as the council
by ordinance, may prescribe. The treasurer shall be subject to the super-
vision of the council of the Town of Elkton and shall perform such other
duties not inconsistent with his office as may be required of him by the
town council; and he shall make all such reports as may be required of
him by the town council. The said treasurer and clerk may be one and
the same person if the council may deem it more expedient.

§ 60. If the council should see fit to appoint a town sergeant he
shall qualify and give bond in such amount as the council may require.
He shall be vested with powers of a conservator of the peace, and shall
have the same powers and discharge the same duties as a constable
within the corporate limits of the town and to a distance of one mile
beyond the same, and shall perform such other duties as may be from
time to time prescribed by the council; this office may be held by the
Chief of Police.

§ 61. The town council, within the limits of the Constitution of
this State and in accordance with the provisions of the general laws
thereof, may, in the name of, and for the use of the town, contract loans
or cause to be issued certificates of debts, notes or bonds.

§ 62. The council shall have the power to negotiate temporary loans,
in anticipation of taxes, for the purpose of paying current expenses of
the town; such loans to be evidenced by bonds or notes bearing interest
and not exceeding six per centum per annum; such bonds or notes shall be
payable within one year from the date of issue out of the current revenue
of the year in which same are issued.

§ 63. Sinking Fund Provision. (a) There shall be set apart annu-
ally from the revenues of the town a sinking fund sufficient in amount to
pay the outstanding indebtedness of the town, which by its terms, is pay-
able in not less than one year as it matures, and the council may, in its
discretion annually from time to time, set aside such additional sinking
fund as may be deemed proper, and invest all of the sinking fund as
hereinafter set forth.

(b) All sinking funds shall be used exclusively in the payment or
purchase and redemption of the outstanding bonds of the town, and when
such sinking funds are not required or may not within a reasonable time
be required for payment of any bond of the town, or cannot be used to
advantage in the purchase and redemption of any bonds of the town,
which may be outstanding, the same shall be securely invested in interest
bearing municipal, State or government bonds or loaned upon otherwise
unencumbered real estate, within the town of Elkton upon the basis here-
inbefore provided, or invested in any securities approved by the general
laws of the State for the investment of such funds, or deposited in a
bank at a reasonable rate of interest. Such sinking fund may be used in
the payment or purchase and redemption of all bonds of the town at the
discretion of the council.

§ 64. All bonds, and other evidences of indebtedness of the town
shall be signed by the mayor and countersigned by the clerk of the council,
and to all bonds the clerk of the council shall affix the corporate seal of
the town and attest the same.

§ 65. No member of the council shall be interested directly or indi-

rectly in the profits of any contract or work or be financially interested
directly or indirectly in the sale to the town of any land, materials, sup-
plies or services, other than official services. Any member of the council
offending against the provisions of this section shall, upon conviction
thereof, be fined not more than $500.00 or be imprisoned not more than
ninety days, or both, in the discretion of the court, and shall forfeit his
office.
_. § 66. The town is empowered to levy and collect taxes, on all sub-
jects of taxation except as restrained by the Constitution or by general
law heretofore or hereafter adopted, provided that it shall impose no
taxes on the bonds of the said town.

§ 67. The assessment of real and personal property in the town
for the purpose of municipal taxation shall be the same as the assessment
for the purpose of county taxation, but where the treasurer for the town
knows of property, real or personal, that has been omitted by the com-
missioner of revenue of the county from his books, the treasurer of the
town shall advise the commissioner of revenue for the county thereof,
and the same shall be assessed for taxation as provided by law.

§ 68. The town is empowered 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 the utilization or destruction of such materials, or any
of them; to contract or regulate the collection and disposal thereof and
to require and regulate the collection and disposal thereof.

§ 69. The council is empowered to inspect, test, measure and weigh
any commodity or commodities or articles of consumption for use within
the town; and to establish, regulate, license, and inspect weights, meters,
measures, and scales.

§ 70. To regulate the holding and location of shows, circuses, public
exhibitions, carnivals, and other similar shows or fairs, or prohibit the
holding of same, or any of them, within the town or within one mile
thereof.

§ 71. (Omitted.)

§ 72. The council may grant or refuse license to owners or keepers
of wagons, drays, carts. hacks, automobiles, motorcycles and other wheeled
carriages kept or employed in the town for hire, and may require the
owners or keepers of wagons, drays and carts, automobiles, and other
wheeled vehicles using them in the town, to take out license therefor,
and may assess and require taxes to be paid thereon, and subject the same
to such regulations as they may deem proper, and may prescribe their
fees and compensation.

73. The town council is empowered to establish a local board of
health to consist of three persons, at least one of whom shall be a physi-
cian, to be elected by the council and to serve at its pleasure, and to
employ such health officers and other employees as it may in its discre-
tion determine to be proper. Such board of health, if established, shall
have the powers and perform the duties provided by general laws for
boards of health in towns and shall, in addition, perform such other
services as the council may direct.

§ 74. The town council is empowered to fix rates for water, lights,
gas and for use of sewer and other utilities supplied by the town from
its works, or utilities purchased from others.

§ 75. All ordinances now in force in the town of Elkton, not incon-
sistent with this act, shall be and remain in force until altered, amended
or repealed by the town council.

§ The town council is empowered to compel persons sentenced
to confinement in jail for misdemeanor or violations of town ordinances
to work on the public streets, parks or other public work of the town there
to perform such labor as the officer in charge may direct.

§ 77. The council may appoint pursuant to the provisions of
§ 16-129 of the Code of Virginia, a trial justice for the town who
shall serve for a term of two years or until his successor is appointed by
the council and qualifies. The mayor, or any other qualified voter of the
town of Elkton whom the council deems qualified, may be appointed by
it as such trial justice. If the mayor is appointed as trial justice he shall
discharge such duties as the trial justice of the town under this charter
and not as mayor of the town, in addition to the execution of the duties
of the mayor imposed upon him by this charter; and his powers, duties,
authority and jurisdiction as such trial justice shall be as hereinafter
provided for the trial justice; he may receive the salary of mayor provided
by the council for the discharge of his duties as mayor as well as such
salary of trial justice as may be provided by the council, if any.

The trial justice is hereby vested with the right and authority to
issue Warrants, summon witnesses and try cases involving violations of
town ordinances, or the collection of town taxes or assessments, or any
other debts due and owing to the town.

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 hereafter amended. All fees and
costs collected by the said trial justice and all fines collected for violations
of all 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 Rockingham 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 here-
after 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
deducted from salary or allowance made to the principal.

The town of Elkton may combine with the county of Rockingham
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 Elkton and the county of Rockingham shall at any time combine 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.

§ 78. The council may elect one or more special justices of the peace
to be known as warrant justices, who shall hold office during the pleasure
of the council and shall have such powers as are hereby conferred, and
no other. Such warrant justice or justices shall, at the time of his or
their election, and while holding such office, reside in the town, and no
person shall be ineligible to such office by reason of the fact that at the
time of his election or while holding such office he is an officer or employee
of the State or town unless to be justice of the peace while holding such
once or employment’ is contrary to the general laws and Constitution of

e :

Every warrant justice, before entering upon the performance of his
duties, shall take the official oaths required by State law before the clerk
of the circuit court of the county.

Every warrant and attachment within the jurisdiction conferred
upon the trial justice by this charter may be issued by one of such war-
rant justices, but every warrant so issued shall be made returnable before
the trial justice and shall, unless otherwise provided by law, be triable
only by him, or by the substitute trial justice, any every attachment so
issued shall be made returnable before the trial justice or the circuit court
of the county, as the law directs. Any such warrant justice may also
issue subpoenas for witnesses in cases to be tried by the trial justice.

In the absence of the trial justice of the town, each warrant justice
shall have the same power to admit to bail persons as the trial justice
would have under general law of the State if present, shall collect the
fees therefor and shall report and pay same to the officer authorized to
collect fines imposed by the trial justice.

Such warrant justice or justices shall receive such salary or other
compensation as the council may from time to time prescribe by ordinance,
but no officer or employee in any department of the town government who
may be elected warrant justice shall receive any salary or other compen-
sation as such justice while he holds such other office or continues in
such other employment, unless and until the council specifically provides
for such salary or other compensation by ordinance.

The present officers of the town shall be and remain in office
until expiration of their several terms, and until their successors have
been duly elected and qualified.

80. This act may for all purposes be referred to or cited as the
Elkton Charter of nineteen hundred and fifty-four.
2. Chapter 347 of the Acts of Assembly of 1908, approved March 14,
1908, and all amendments thereof, are hereby repealed.
8. An emergency exists and this act is in force from its passage.