CHAPTER 6

An Act to amend and reenact § 20 as amended, of Chapter 128 of the
Acts of Assembly of 1875-76 approved March 15, 1876, which act
provides a charter for the town of Franklin, and which section re-
lates to the appointment and jurisdiction of a civil and police justice
of the town, so as to change the qualifications for such office.

TH 15]
Approved February 13, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 20 as amended, of Chapter 123 of the Acts of Assembly of
1875-76, approved March 15, 1876, be amended and reenacted as follows:

§20. The Governing body of the town of Franklin may appoint a
civil and police justice for the town, whose term of office shall be two
years from the date of his appointment, and whose powers, duties, au-
thority and jurisdiction shall be as hereinafter provided. Any such
appointee shall serve for the term of two years, and thereafter until his
successor has been appointed and qualified. The mayor, or any other
qualified voter of the * Commonwealth of Virginia whom the governing
body deems qualified may be appointed as the civil and police justice.
In the event of the mayor being appointed as civil and police justice, he
shall discharge the duties pertaining to that office, in his capacity as civil
and police justice, and not as mayor, and he shall receive the salary pro-
vided for him by the governing body, for his services as mayor, and also
such salary, if any, as is provided by the governing body for his services
as civil and police justice. The civil and police justice is hereby vested
with all the power, authority, and jurisdiction, and charged with all the
duties within, and for, the town of Franklin, which are, or may hereafter
be, conferred or imposed upon trial justice, juvenile and domestic rela-
tions courts by the laws of this State so far as applicable and not in
conflict with the provisions of this section; and in criminal matters, such
power, authority and jurisdiction may be exercised in the parts of
Southampton county that lie within one mile of the corporate limits of
the town of Franklin; and any amendments of the laws governing or
relating to trial justices and juvenile and domestic relations courts, or
either, of this State shall be considered as amendments, also, of this section,
if applicable hereto.

Fees and costs shall be assessed by the civil and police justice and
shall be collected as provided by the laws of this State relating to trial
justices and juvenile and domestic relations courts as the same shall now
be, or as hereafter amended. All fees and costs collected by the civil
and police justice and all fines collected for violations of all laws and
ordinances of the town shall be paid into the town treasury for the use
and benefit of the town.

Removals may be had, and appeals from the decisions of the civil
and police justice may be taken, to the Circuit Court of Southampton
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
or juvenile or domestic relations courts, as the case may be, are provided
to be taken and tried by the laws of this State relating to trial justices
and juvenile and domestic relations courts as the same shall now be or
as hereafter amended.

The governing body may also appoint such clerk or clerks as it deems
necessary, provide for just compensation therefor, and provide necessary
records.

The governing body shall provide a salary to compensate the civil
and police justice in such amount and payable at such times at it deems
proper, and may provide also for a vacation period, either with or without
pay, and for such duration as it deems proper.

Like provisions may be made for a substitute civil and police justice,
and when such substitute acts he shall receive the compensation which
would have been paid his principal if he had acted, and which compensation
shall be deducted from the salary or allowance made to the principal.

Nothing contained herein shall prevent the town of Franklin from
combining with the county of Southampton for the use of one trial jus-
tice and one substitute trial justice for such combined town and county
in such manner as may be provided by the laws of this State relating to
trial justices and if the town of Franklin and county of Southampton
shall at any time combine for the use of one trial justice and one substi-
tute trial justice for the town and county, the laws of this State relating
to trial justices, so far as applicable, shall control and not this section:
provided that the combination of the town with the county for the use
of one trial justice and one substitute trial justice shall not prevent the
governing body, if at any time thereafter it desires so to do, from with-
drawing the town of Franklin from such combination, or by a vote of
the governing body, and appointing a civil and police justice and sub-
stitute civil and police justice for the town of Franklin under the pro-
visions of this section, notwithstanding anything in the trial justice laws
of Virginia to the contrary; and likewise nothing herein contained shall
prevent the town, after withdrawing from such combination, from again
adopting the combination with the county.

The powers and jurisdiction provided for in this section, as to mat-
ters other than those pertaining or relating to violations of ordinances of
the town and in criminal matters, may be exercised only to the extent
permitted by general law.

CHAPTER 6
Weights and Measures

§ 45-88. The * Chief shall be the inspector of weights and measures
for the purpose of inspecting, testing and ascertaining whether the scales
or measures, which are kept at coal mines for the purpose of weighing or
measuring coal produced therefrom, are correct, and for such purpose
shall have the authority vested in and be charged with the duties imposed
upon inspectors of weights and measures by general law.

2. §§ 45-138, 45-15, 45-36, 45-37, 45-44, through 45-60, 45-62, 45-63,
#564, £065, 45-66, 45-67, 45-68, and 45-76 of the Code of Virginia are
repealed.

CHAPTER 6
DEPARTMENT OF LAW

§ 6.01. Department of Law.—There shall be a department of law
which shall consist of the city attorney and such assistant attorneys and
other employees as may be provided by ordinance.

§ 6.02. City Attorney.—The head of the department of law shall
be the city attorney who shall be appointed by the council. He shall be
an attorney at law licensed to practice under the laws of the Common-
wealth. The city attorney shall be the chief legal advisor of the council,
the city manager and of all departments, boards, commissions, and agen-
cies of the city, including the school board, in all matters affecting the
interests of the city. He shall represent the city in all civil proceedings.
It shall be his duty to perform all services incident to his position as may
be required by the laws of the Commonwealth, this charter, or by ordi-
nance. He shall have general management and control of the department.

DEPARTMENT OF PUBLIC SAFETY
§ 7.01. Fire and Police Functions.—The department of public safety
shall consist of the division of fire and the division of police and such
other functions and activities as may be assigned to it by the city council.
The department of public safety shall be under the supervision of a di-
rector of public safety who may be the city manager or a person appointed
by the city manager with the approval of the council.

The division of police shall consist of such police officers as may be
appointed by the city manager and shall be under the supervision of a
chief of police to be appointed by the city manager. The city sergeant
may be appointed chief of police. The chief of police and police officers
Shall have all the powers and duties of police officers as provided by the
general laws of the Commonwealth. .

The division of fire shall be in charge of such officer and shall consist
of such persons, who shall perform such duties and receive such com-
pensation as may be prescribed by the city council in accordance with
provisions of this charter.

Chapter 6
Health and Sanitation

§ 6.01. The town shall have the power to provide for the general
preservation of the public health of the inhabitants of the town; and to
make regulations and ordinances to secure the same; to establish quaran-
tines within or without the town; to control infectious diseases; and to
enforce the removal of persons afflicted therewith to hospitals for the
treatment thereof.

§ 6.02. 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
ordinances 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.

§ 6.03. The town is empowered to collect and dispose of sewage,
offal, ashes, garbage, carcasses of dead animals and other refuse, to make
and collect reasonable charges therefor; to acquire and operate reduction
or any other plants or land for the utilization or destruction and disposal
of such materials, or any of them; to require and regulate the collection
and disposal thereof; to contract for and regulate the collection and dis-
posal thereof.

§ 6.04. The town council shall have the power and authority to pre-
vent injury or annoyance from anything dangerous, offensive, or unhealthy,
to provide by general ordinances what are nuisances, to cause the abate-
ment of any nuisance so declared to be by the general laws of the State
or by the general ordinances of the town and the town shall have the
authority to compel the abatement of nuisances within the town, or upon
property owned by the town without the corporate limits, at the expense
of the person, or persons causing the same, or of the owner or occupants
of the grounds or premises whereon the same may be, and to collect said
expenses by suit or motion; to require all lots, lands, and other premises
within the town to be kept clean and sanitary, free from all stagnant
waters, weeds, filth, fire hazards and unsightly deposits, or to make them
so, at the expense of the owners or occupants thereof, and to collect said
expenses by suit or motion, or by distress and sale; to regulate or prevent
slaughter houses, or other noisome or offensive businesses within said
town, the keeping of hogs or other animals, poultry or fowl therein, or
the exercise of any dangerous or unwholesome business, trade or employ-
ment therein; to compel the abatement of smoke or unnecessary noises;
to regulate the location, construction, operation, and maintenance of bill-
boards, signs, and advertising, and to generally define, prohibit, abate,
suppress, and prevent, all things detrimental to the health, morals, or
safety, convenience or welfare of the inhabitants of the town; and to
require all owners or occupants of property having sidewalks in front
thereof to keep the same clean and sanitary, free from all weeds, snow,
or other obstructions.

CHAPTER 6

Civil and Police Justice

6.01.—Appointment, Term and Qualification.

The council shall elect, at its first meeting in September 1954, a civil
and police justice for a term expiring December 31, 1956, and on or before
its regular meeting in December 1956, and every two years thereafter,
a civil and police justice, whose term shall begin January 1, following his
election. The civil and police justice shall be a resident of the City and
an attorney at law, licensed to practice under the laws of the Common-
wealth, and shall have practiced his profession in this State at least three
years. In lieu of appointing a civil and police justice the council may in
its discretion enter into an agreement with one or more counties in the
same judicial circuit, of which the City of Galax is a part, whereby it shall
conjointly employ with such county or counties a trial justice, who shall be
vested with all the power and authority conferred and charged with all the
duties imposed on the civil and police justice by this charter or such as
may be authorized by the Commonwealth.

6.02.—Oath and Bond.

Such civil and police justice, before entering upon the performance
of his duties, shall take the oath prescribed by law and shall enter into
bond in the penalty of two thousand dollars payable to the City of Galax,
Virginia, and conditioned as the law directs, which bond shall be filed
with the clerk of the City. |

6.03.—Compensation.

Such civil and police justice shall receive such monthly salary as the
council may determine, which salary is to be paid in the same manner
as the salaries of other officials are paid, and he shall receive no other
compensation for his services as civil and police justice.

6.04.—Fees and Costs.

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

6.05.—Jurisdiction.

The jurisdiction of the civil and police justice shall be as follows:
such civil and police justice shall be a conservator of the peace within the
corporate limits of the City of Galax and for one mile beyond said limits, and
within the City limits shall have exclusive original jurisdiction for the trial
of all offenses against the ordinances of the City provided that the City
shall have the right of appeal to the Circuit Court having jurisdiction over
the City from any decision of the civil and police justice affecting its
revenues or the legality or validity of any ordinance passed by the council.
He shall have concurrent jurisdiction with the circuit court having juris-
diction over the City in all cases of the violation of the revenue laws of
both State and City, and the laws regulating the manufacture, use, sale,
offering for sale, transportation, keeping for sale and giving away ardent
spirits. He shall possess all the jurisdiction and exercise all the powers
and authority in criminal cases of a trial justice for the county and except
where it is otherwise specifically provided by law, shall have exclusive
original jurisdiction for the trial of all misdemeanor cases occurring within
the corporate limits of the City. He shall possess all the jurisdiction and
exercise all the power and authority in civil cases as is provided by
general law for civil and police justices. The council may, by ordinance,
impose such other duties as it deems expedient. The said civil and police
justice shall have original jurisdiction in all civil matters cognizable by
trial justices for the counties, and shall also have jurisdiction to try and
decide attachment cases as provided by general law. He shall have con-
current jurisdiction with the circuit court having jurisdiction over the
City in actions at law, except for the recovery of a fine, where the amount
in controversy does not exceed one thousand dollars. An appeal shall be
allowed from the judgment of such justice only in cases where the amount
or thing in controversy exceeds twenty dollars in value, exclusive of
interest, and in all cases affecting the public revenues, but no such appeal
shall be granted unless and until the party applying for same shall have
given bond in the amount and with the surety to be approved by said
justice, to abide the judgment of the court to which the appeal is made.
In all misdemeanor trials before such justice, there may be an appeal to
the circuit court having jurisdiction over the City as is now or may here-
after be provided by law for appeals from judgments of justices. An
appeal to the circuit court having jurisdiction over the City shall also be
allowed from the judgment of such justice imposing a penalty for the
infraction of any City ordinance.
6.06.—Docket Books.

The said civil and police justice shall keep a civil docket book and
a criminal docket book, in which shall be entered all cases tried and
prosecuted before him and all civil processes issued by him, except sum-
monses for witnesses, the proceedings had therein and the disposition of
same, which docket books shall be furnished by the council. All papers
connected with any proceedings before such justice, except such as may
be removed on appeal, and such papers in criminal matters as may be
required by law to be returned or lodged in the office of the clerk of the
circuit court having jurisdiction over the City, shall be properly indexed,
filed and preserved. The council shall provide, for such justice, the neces-
sary and proper books, forms, files and office equipemnt, which shall be
and remain the property of the City and shall be turned over by such
justice to his successor in office. The books and papers in such office shall
be examined and audited at any time the council may see fit by such
person or persons as the council may designate.

6.07.—Record of Fees, Fines, Forfeitures and Costs. .

He shall keep a regular account of all fees, fines, forfeitures and costs
imposed or arising in the administration of his office in both civil and
criminal matters, which he shall report to the council, at such intervals
and in such form as the council may require. The said civil and police
justice or the clerk of the police court, if such officer is appointed, or such
other person as the council may designate for that purpose, shall collect
all fines, forfeitures and costs imposed in said court and report to the
council monthly such as have accrued to the City, and pay the same to the
finance officer not later than the fifth day of the next succeeding month
in which collected, and shall segregate and transmit to the State Treasurer
all fines and forfeitures accruing to the Commonwealth.

6.08.—Substitute Civil and Police Justice.

The council shall elect a substitute civil and police justice for such
term as the council may designate. He shall possess the qualifications for
the civil and police justice, and shall act for said civil and police justice,
when, from any cause, said civil and police justice is unable to perform the
duties of his office. When acting for said civil and police justice, he shall
be subject to all the provisions of law regarding the civil and police justice
and shall possess all the jurisdiction and exercise all the power and au-
thority and receive the same salary as is prescribed by the civil and police
justice, prorated on a per diem basis; and either of said justices while
serving as civil and police justice may perform acts, with reference to the
proceedings of the other in any matter, in the same manner and with the
same force and effect as if they were his own. He shall take the oath
prescribed by law and enter into bond in the sum of one thousand dollars,
conditioned as provided by law. The council may designate and appoint
the said substitute civil and police justice to also be the substitute judge
of the juvenile and domestic relations court.

6.09.—Clerk of the Civil and Police Court.

The council at its September, 1954, meeting shall elect a clerk of the
civil and police court, and every two years thereafter a clerk of the civil
and police court. He shall perform such duties and receive such compensa-
tion as the council may by ordinance prescribe. He shall give such bond
as the council may by ordinance require and shall qualify by taking the
oath required by law of public officers. He shall have authority to issue
summonses in criminal cases and criminal warrants, returnable before, and
to be heard and determined by the civil and police justice or the substitute
civil and police justice and bail persons charged with misdemeanors or
violations of the City ordinances, to issue warrants, attachments, sum-
monses and perform such other duties relating to civil matters as the clerks
of the trial justice court for counties are authorized to perform. He shall
also be clerk of the juvenile and domestic relations court.