CHAPTER 69

An Act to amend and reenact §§ 8 and 9 of Chapter 709 of the Acts of
Assembly of 1952, approved April 8, 1952, which provided a charter
for the town of Monterey, the sections relating to powers of the
councu.

[fH 81]

Approved February 27, 1954

Be it enacted by the General Assembly of Virginia:

1. That §§ 8 and 9 of Chapter 709 of the Acts of Assembly of 1952,
approved April 8, 1952, which provided a charter for the town of Mon-
terey, be amended and reenacted as follows:

§ 8. The council shall have, subject to the provisions of the general
laws of the Commonwealth applicable to towns, the control and manage-
ment of the fiscal and municipal affairs of the town, and all property,
real and personal, belonging to it, and may make such ordinances, orders
and by-laws and regulations as they may deem necessary to enforce and
carry out the powers vested in the council, provided that no ordinance
hereafter passed by the council, as now constituted or as hereinafter
elected, for the violation of which any penalty is imposed, shall take
effect until the same shall have been published one time in a newspaper
published in the town, or by handbills, for one week, as the council may
order. If such publication be by handbills the same shall be posted in at
least three public places in the town, and a certificate of such posting
shall be filed by the sergeant in the office of the clerk of the council; pro-
vided, however, that after the expiration of six months from the date
of passage of any ordinance its publication shall not be questioned, or its
validity affected by any failure to publish the same, nor shall this section
apply to the ordinances of whatever kind now in force in the town of
Monterey so as to require republication thereof. In addition thereto the
council shall have the following powers which are hereby vested in them:

First: To lay off streets, walks, or alleys; to open, extend, widen,
grade, curb, pave, and otherwise improve and light the same; and it may
prevent and remove any structure, encroachment, or obstruction in any
sidewalk, street or alley.

Second: To acquire, establish, maintain, operate, lease, extend, or
enlarge any public utility within or without the limits of said town; to
contract or agree with the owners of any land for the use and purchase
thereot, or to have the same condemned according to law within or with-
out the town.

Third: To secure the inhabitants from contagious, infectious or other
dangerous disease.

Fourth: To regulate the operation of motor vehicles within the town
and to adopt ordinances for said purpose not in conflict with the State
law regulating the use, ownership and operation of motor vehicles, and
to prescribe punishment for the violation of such ordinances. To require
every owner of motor vehicles residing in said town to annually register
such motor vehicles and to obtain a license to operate the same and to re-
quire the said owner to pay an annual license fee to be fixed by the council.

Fifth: To prescribe and enforce quarantine regulations; to appoint
and organize a board of health for said town, with authority necessary
for the prompt and efficient performance of its duties and to establish,
erect and regulate hospitals.

Sixth: To regulate the building of stables, privies and hog pens, to
require and compel the abatement and removal of all nuisances, including
the removal of snow or ice from the sidewalks in front of private prop-
erties, or anything which, in the opinion of a majority of the council or
in the opinion of the mayor, under any ordinance vesting in him such
discretion, is a nuisance, within the said town, at the expense of the
person or persons causing the same, or the owner or owners of the ground
whereon the same may be, the collection of which said expense may be
enforced in the same manner as fines due in the town; to provide for the
drainage of lots by proper drains or ditches; to prevent or regulate
slaughter houses or the exercise of any dangerous, offensive or unhealthy
business, trade or employment within the town.

Seventh: To regulate or prohibit the sale and use of fireworks within
said town; to require and compel the owners of houses in the town to
connect their toilets or drains with the sewer of the town, or with the
sewers of any corporation or company within said town.

Eighth: To prevent hogs, dogs, cows or other animals from running
at large in the town and trespassing upon public property and may subject
the same and the owners thereof to such levies, taxes and regulations as
they may think proper.

Ninth: To restrain and punish drunkards, vagrants, and street beg-
gars; to prevent vice and immorality; to preserve public peace and good
order; to prevent and quell riots, disturbances and disorderly conduct and
assemblages; to suppress houses resorted to for the purpose of immoral-
ity and houses used for gambling purposes; to prevent and punish lewd,
indecent and disorderly conduct or exhibitions within the town, and to
expel therefrom persons guilty of such conduct; to punish for the use of
abusive language; to protect houses of divine worship and the public build-
ings in said town; to prevent the carrying of concealed weapons in said
town and to preserve the peace and good order of the town.

Tenth: To purchase, hold, sell and convey all real and personal prop-
erty for the purposes of the corporation, and 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 indebtedness, notes or
bonds. The council shall not contract any loan or issue bonds therefor
unless the same be approved or authorized by a two-thirds vote of the
council, endorsed by a majority of those voting of the qualified voters.
All proceedings for the purpose of authorizing the issuance of bonds or
other evidence of indebtedness by the town shall conform to the provi-
sions of the general laws of the State of Virginia with respect to the
issuance of bonds by towns, so far as the same are applicable. *

Eleventh: To acquire land by condemnation or otherwise without the
corporate limits of the town for public purposes.

Twelfth: To adopt any rule, regulation or ordinance authorized by
general laws of the Commonwealth to be adopted by towns.

§ 9. Where, by the provisions of law, the council have authority to
pass ordinances on any subject, they may prescribe punishment by fine
or imprisonment, or both, for all violations thereof, the fine not exceeding
one hundred dollars and the punishment not exceeding twelve months in
jail, either or both. Fines may be recovered, with costs, upon warrants
issued in the name of the town. Whenever judgment is rendered against
any person for a fine, the officer trying the offender may require imme-
diate payment thereof, and in default of such payment may, within the
limits provided by general law, commit the party so in default to jail
until such fine and cost are paid. All fines for the violation of the ordi-
nances of the town shall be paid into the treasury of the town and be
appropriated as the council shall determine. There is reserved to the
ener convicted the right of appeal to the Circuit Court of Highland

ounty.