CHAPTER 314

An Act to amend and reenact §§ 1, 28, 25, 81, 84, 44, 45, 51, 59, 66, 88,
84, 86, 88, 89, 90, 104, 105, 109, 110, 112, as heretofore amended, of
an act entitled, “An Act to incorporate the City of Newport News,
in the County of Warwick, and to provide a charter therefor’, ap-
proved January sixteen, eighteen hundred ninety-siz, § 1 relating to
boundaries, § 23 relating to effect of absence of member from council
meeting, § 25 relating to markets-census, § 84 relating to prevention
of disease; hospitals; board of health, § 44 relating to cemeteries,
§ 45 relating to penalties for violation of ordinances; appeal to cor-
poration court, § 51 relating to regulation of vehicles on streets, § 59
relating to investigations, § 66 relating to receipt of city money by
city treasurer; books and accounts of city treasurer, § 83 relating to
clerk of hustings court, § 84 relating to Commonwealth’s attorney,
§ 86 relating to duty of commissioner of revenue as to assessment of
property for taxation; office, books, etc., of commissioner of revenue,
§ 88 relating to compensation of commissioner of revenue, § 89
relating to city sergeant, § 90 relating to deputy or deputies of city
sergeant; bond of city sergeant, § 104 relating to taxes assessed
annually; limitation on amount of municipal levy, § 105 relating to
subjects of license taxes, § 109 relating to fire prevention and pro-
tection—generally, § 110 relating to fire prevention and protection—
destruction of burning building by fire department, § 112 relating
to execution, etc., of bonds, contracts, etc., and to repeal §§ 8, 26, 65,
71, 106, 114, 115, 116, 126 and 180 of the said charter of the city of
Newport News.

[H 347]

Approved March 10, 1956

1. Be it enacted by the General Assembly of Virginia, that §§ 1, 23, 25,
84, 44, 45, 51, 59, 66, 88, 84, 86, 88, 89, 90, 104, 105, 109, 110 and 112, as
amended, be amended and reenacted as follows:

§ 1. Boundaries.—Beginning at the point of intersection of the Isle
of Wight County Line in the James River with a line 100 feet North of
CH. 314] ACTS OF ASSEMBLY 365

the North property line of 64th Street, if projected westerly and from the
point thus established, thence Easterly along a line parallel to and 100
feet North of the North property line of 64th Street to the West right of
way line of the Chesapeake and Ohio Railway, thence southerly along the
West right of way line of the Chesapeake and Ohio Railway to the South
right of way line of the Hampton Branch of Chesapeake and Ohio Rail-
way, thence Easterly along the South right of way line of the Hampton
Branch of the Chesapeake and Ohio Railway to the West City Limits of
Hampton, Virginia, thence southerly along the West City Limits of Hamp-
ton, Virginia, to the West Branch of Salters Creek, thence meandering
with the West Branch of Salters Creek to the Western Shore of the East
Branch of Salters Creek, thence along the said shore in a northerly direc-
tion with the meanders of the said creek; crossing 27th Street at Buxton
Avenue extended into 27th Street as shown on a plat of certain land that
belonged to the Newport News, Hampton, Old Point Development Com-
pany, thence continuing along said shore with the meanders of the said
creek to the intersection with a spring branch, thence N. 72° 47’ E. 365
feet to a point; thence S. 36° 45’ E. 664.8 feet to a point, thence S. 42° 15’
E. 920.5 feet to the centerline of 27th Street, thence along the centerline
of 27th Street N. 47° 45’ W. to the centerline of Pear Avenue, thence
along the centerline of Pear Avenue S. 42° 15’ E. to the Norfolk County
line in Hampton Roads in a Southwesterly direction to the East County
Line of Nansemond County in Hampton Roads, thence along the Nanse-
mond County Line in Hampton Roads in a Northwesterly direction to the
South County Line of the Isle of Wight County in the James River, thence
along the Isle of Wight County Line in the James River in a Northwest-
erly direction to the point of beginning.

§ 23. Effect of Absence of Member from Council Meeting.—Absence
from five consecutive regular meetings shall operate to vacate the seat
of a member, unless said absence is excused by the council by resolution
setting forth the reason thereof and entered upon the journal. For each
absence of a councilman from a regular meeting of the council, there
shall be deducted from his pay a sum equal to two per centum of his
annual salary, if his compensation be in the form of an annual salary.

§ 25. Powers of Council—Markets; Census.—To establish a market
or markets in and for the said City and to provide suitable buildings and
grounds therefor and to adopt such regulations as shall be necessary and
proper to prevent huckstering, forestalling and regrating; and to direct
and provide for a census or enumeration of the population of the city at
such time or times as it may deem expedient.

§ 34. Powers of Council—Prevention of Disease; Hospitals—To
secure its inhabitants from contagious, infectious, or other dangerous
diseases ; to establish, to erect, and to regulate hospitals; to provide for
and to enforce the removal of patients to the hospital or hospitals estab-
lished by the city, or to a private hospital or hospitals.

§ 44. Cemeteries——The council is empowered to hold such lands
ag may have already been acquired by the city of Newport News, to be
used as a place for the burial of the dead, and to acquire, by purchase or
otherwise, such additional lands as may be necessary for that purpose.
The said council shall also have power to prescribe and enforce all
needful rules and regulations not inconsistent with the laws of the state,
for the use, protection and preservation of the cemetery or cemeteries;
to set aside, in its discretion, by metes and bounds, a portion thereof
for the interment of strangers and indigent poor; to divide the remainder
into burial lots, and to sell or to lease the same, and to direct and
provide for the execution of all proper deeds and other writings in
evidence of such sale or lease, and to prescribe what class or condition
of persons shall be admitted to interment in the cemetery or cemeteries;
366 ACTS OF ASSEMBLY [va., 1956

and when established or enclosed, with the property included in it or
them, shall be exempt from all state, county and municipal taxation. _

§ 45. Penalties for Violation of Ordinances; Appeal to Corporation
Court.—Where, by the provisions of this Act, the council has the author-
ity to pass ordinances on any subject, it may prescribe any penalty for
the violation thereof, not exceeding one thousand dollars, or imprisonment
in the city jail or on the city farm, not exceeding one hundred eighty (180)
days, either or both, and may provide that the offender, on failing to pay
the penalty imposed, shall be imprisoned in the jail of the city or on the
city farm, for a term not exceeding two months and subject to the provi-
sions of § 19-809 of the Code of Virginia, which penalties may be prose-
cuted and recovered, with costs, in the name of the city of Newport News,
or may compel them to work on the streets or other public improvements
of said city. The accused, if convicted, shall have the right of appeal to the
corporation court of said city.

§ 51. Regulation of Vehicles and Traffic—The council shall have
the power to regulate the operation of motor vehicles, and all other
vehicles, and exercise control over traffic in the streets, and on street
and off street parking areas, of the city, and provide penalties for the
violation of such ordinances and regulations, provided that they are not
inconsistent with the motor vehicle code of Virginia.

§ 59. Investigations.—The council, the city manager, and any of-
ficer, board or commission authorized by them, or either of them, shall
have power to make investigations as to city affairs and for that purpose
to subpoena witnesses, administer oaths and compel the production of
books and papers.

Any person refusing or failing to attend, or to testify, or to produce
such books and papers may by summons issued by such board or officer
be summoned before the police justice of said city by the board or of-
ficial making such investigation, and upon failure to give satisfactory
explanation of such failure or refusal, may be fined by the police justice
not exceeding one hundred dollars or imprisoned not exceeding thirty
days, such person or the city to have the right to appeal to the corpora-
tion court of the city. Any person who shall give false testimony under
oath at any such investigation shall be liable to prosecution for perjury.

§ 66. Receipt of city money by city treasurer; books and accounts
of city treasurer.—The city treasurer shall receive all the money belonging
to the city, and shall keep his books and accounts in such manner as the
director of finance may prescribe, and such books and accounts shall be
subjected to the inspection of the director of finance or the mayor or any
committee of the council authorized to examine the same.

§ 83. Clerk of the corporation court and clerk of the circuit court.—
The clerk of the corporation court for the city of Newport News shall also
be the clerk of the circuit court for the city of Newport News, and shall,
subject to the provisions of this charter, exercise all the powers conferred
and perform all the duties imposed upon such office by general law and
be subject to the obligations and penalties imposed by general law.

§ 84. Commonwealth’s attorney.—There shall be one common-
wealth’s attorney who shall prosecute in all criminal cases in the corpora-
tion court of said city, and shall, subject to the provisions of this charter,
exercise all the powers conferred and perform all the duties imposed
upon such office by general law.

§ 8 Duty of commissioner of revenue as to assessment of property
for taxation; office, books, etc., of commissioner of revenue.—The said
commissioner of revenue shall perform all the duties in relation to the
assessment of property for the purpose of levying the city taxes that may
be ordered by the council. He shall keep his office in some convenient place
in said city as the council may designate, and shall keep therein such books,
CH. 314] ACTS OF ASSEMBLY 367

schedules, and records, and in such manner as the council may prescribe,
or as required by the state law, which books, records and other papers
shall be subject to the inspection of and examination of the director of
finance or the city auditor. :

; Compensation of commissioner of revenue.—The commis-
sioner of revenue shall receive for his services such compensation as pro-
vided by general law.

§ 89. City sergeant—There shall be one city sergeant who shall
attend the term of the corporation and circuit courts for said city, and act
as the officer thereof, and shall perform such other duties as may be pre-
scribed by law, and ordained by the council, and shall receive such
compensation and fees therefor as allowed by general law. _

§ 90. Deputy or deputies of city sergeant; bond of city sergeant.—
The sergeant may appoint such deputies as may be provided by general
law. The sergeant’s bond shall be determined by general law. ;

104. Taxes assessed annually.—For the execution of its powers
and duties, the council may raise taxes annually by assessments in said
city on all subjects not withheld from city taxation by the State, and such
subjects of taxation as have been, or may be, segregated to the city by the
State, for the purpose of taxation, such sums of money as may be neces-
sary to defray the expenses of the same, and in such manner as it shall
deem expedient. .

§ 105. Subjects of taxes, licenses and permits.—(1) The city shall,
when not prohibited by the laws of the Commonwealth, have power to levy
and collect ad valorem taxes on real estate and tangible personal property
and machinery and tools, and a capitation tax not exceeding one dollar
per annum on each resident of the Commonwealth within the limits of the
city; to levy and collect taxes for admission to or other charge for any
public amusement, performance, exhibition, sport or athletic event in the
city, which taxes may be added to and collected with the bills rendered
purchasers of such services; to require licenses, prohibit the conduct of
any business or profession without such a license, require taxes to be paid
on such licenses in respect of all businesses and professions which cannot,
in the opinion of the council, be reached by the ad valorem system; and
to require licenses of owners of vehicles of all kinds for the privilege of
using the streets, alleys and other public places in the city, require taxes
to be paid on such licenses, and prohibit the use of streets, alleys and
other public places in the city without such license.

(2) Whenever in the judgment of the council, it is advisable in the
exercise of any of the powers of the city, or in the enforcement of any
ordinance or regulation, it may provide for the issuance of licenses or
permits in connection therewith, establish the amount of the fee to be
charged the licensee or permittee and require from the licensee or per-
mittee a bond and an insurance policy of such character and in such
amount and upon such terms as it may determine.

§ 109. Fire prevention and protection—generally.—The city council
shall have power to ordain and enforce such rules and regulations as shall
be necessary and proper to prevent accidents by fire within said city or
to secure the inhabitants thereof and their property from injury thereby,
and to provide for the organization, equipment and government of fire
companies in said city, and to purchase and keep in order necessary fire
apparatus.

§ 110. Fire prevention and protection—destruction of burning
building by fire department.—Whenever any building in the said city shall
be on fire, it shall be the duty of and be lawful for the fire chief to order
and direct such building or any other buildings, which he may deem
hazardous and likely to communicate fire to other buildings, or any part
of such buildings, to be pulled down and destroyed, and no action shall be
maintained against any person or against the city therefor. But any person
interested in such building so destroyed or injured may, within three
months thereafter, apply to the city council to assess and pay the damages
he has sustained. At the expiration of the three months, if any such
application shall have been made in writing, the city council shall either
pay the claimant such sum as‘shall be agreed upon by the council, and
the said claimant for such damage, or if such agreement shall not be
effected shall proceed to ascertain the amount of such damages, and shall
provide for the appraisal, assessment, collection and payment of the same
in the same manner as is provided for the ascertainment, assessment,
collection and payment of damages sustained by the taking of land for
the purpose of public improvement.

§ 112. Execution, etc., of bonds, contracts, etc.—All bonds and deeds
shall be executed by the mayor under the direction of the council and the
seal of the corporation should be affixed and attested by the city clerk. All
contracts and other papers shall be executed by the city manager and
attested by the city clerk.

2. Be it enacted by the General Assembly of Virginia, that §§ 3, 26, 65,
71, 106, 114, 115, 116, 126 and 130 of the said charter of the city of New-
port News, are repealed.

38. An emergency exists, and this Act is in force from the date of its
passage.