CHAPTER 328

AN ACT to amend the Code of Virginia by adding in Title 15 thereof a new
Chapter numbered 5.1, containing new sections numbered 15-77.1
through 15-77.76, providing powers for certain municipal corporations,
and providing the procedure for requesting the General Assembly to
confer such powers on such municipal corporations. & an

[S 42]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 15 thereof
a new Chapter numbered 5.1, containing new sections numbered 15-77.1
through 15-77.76 as follows:
CHAPTER 5.1

Powers of Cities and Towns

ARTICLE I
General Powers

§ 15-77.1. The words “municipal corporation” as used in this chapter
shall be construed to include cities of the first class and cities of the second
class and incorporated towns whether organized by act of the General
Assembly or by order of a court, or under the provisions of §§ 15-220
through 15-231.4, both inclusive, of the Code of Virginia of 1950, as
amended, or §§ 15-231.4:1 through 15-231.4:78, both inclusive, of the
Code of Virginia of 1950, as amended, and this chapter may be used to
supplement or in lieu of the charters referred to in the aforesaid Code
sections.

§ 15-77.2. A municipal corporation shall have and may exercise any
or all powers set forth in this chapter when such powers are specifically
conferred upon the municipal corporation as provided in or pursuant to
the provisions of this chapter. All powers vested in a municipal corpora-
tion by this chapter shall be exercised by its council.

When any or all of the powers set forth in this chapter have been con-
ferred upon a municipal corporation as provided in or pursuant to the
provisions of this chapter, and the municipal corporation seeks to exercise
such powers outside its boundaries, such powers shall, except as to existing
non-conforming use, be subject to the zoning regulations of the political
subdivision in which the power is sought to be exercised, provided that,
except as to existing non-conforming uses, such political subdivision also
observes the zoning regulations of the municipality as to any of such polit-
ical subdivision’s property located within the corporate limits.

§ 15-77.8. A municipal corporation shall have and may exercise all
powers which it now has or which may hereafter be conferred upon or
delegated to it under the Constitution and laws of the Commonwealth
and, subject to the provisions of Article X hereof, all other powers perti-
nent to the conduct of the affairs and functions of the municipal govern-
ment, the exercise of which is not expressly prohibited by the Constitution
and the general laws of the Commonwealth, and which are necessary
or desirable to secure and promote the general welfare of the in-
habitants of the municipality and the safety, health, peace, good order,
comfort, convenience, morals, trade, commerce and industry of the munic-
ipality and the inhabitants thereof, and the enumeration of specific powers
shall not be construed or held to be exclusive or as a limitation upon any
general grant of power, but shall be construed and held to be in addition
to any general grant of power. The exercise of the powers conferred
under this section is specifically limited to the area within the corporate
limits of the municipality, unless otherwise conferred in the applicable
sections of the Constitution and general laws, as amended, of the Com-
monwealth.

§ 15-77.4. A municipal corporation, in addition to the powers granted
by §15-77.3, shall have all the powers granted to it in its charter; and noth-
ing contained in this chapter shall be construed to in anywise repeal, amend,
impair or affect any provision of any existing charter or of any charter
hereafter granted to a municipal corporation or any provision of any
other applicable law, unless such amendment or repeal so provides. When-
ever there appears to be a conflict between any provision of this chapter,
or any amendment hereof, and that of any charter of a municipal cor-
poration, the provisions of the charter shall be construed and held to take
precedence over such conflicting or apparently conflicting provisions of
this chapter or of any amendment hereof.

ARTICLE II

Financial Powers of Municipalities and Control and Management of
Municipal Affairs and Property
§ 15-77.5. A municipal corporation may raise annually by taxes and

assessments on property, persons and other subjects of taxation, which
are not prohibited by law, such sums of money as in the judgment of the
municipal corporation are necessary to pay the debts, defray the expenses,
accomplish the purposes and perform the functions of the municipal cor-
poration, in such manner as the municipal corporation deems necessary
or expedient.

§ 15-77.6. A municipal corporation may make appropriations for the
purposes for which it is empowered to levy taxes and make assessments,
for the support of the municipal government, for the performance of its
functions, and the accomplishment of all other lawful purposes and objec-
tives, subject to such limitations as may be imposed by law.

§ 15-77.7. A municipal corporation may, in the name of and for the
use of the municipal corporation, borrow money and issue evidence of in-
debtedness therefor, subject to such limitations as may be imposed by law.

§ 15-77.8. A municipal corporation shall provide for the control and
management of the affairs of the municipality, and may prescribe and
require the adoption and keeping of such books, records, accounts and
systems of accounting by the departments, boards, commissions, courts
or other agencies of the local government as may be necessary to give full
and true accounts of the affairs, resources and revenues of the municipal
corporation and the handling, use and disposal thereof.

§ 15-77.9. A municipal corporation may provide for the organi-
zation, conduct and operation of all departments, offices, boards, commis-
sions, and agencies of the municipal corporation, subject to such limita-
tions as may be imposed by its charter or otherwise by law. A municipal
corporation may establish, consolidate, abolish or change departments, of-
fices, boards, commissions and agencies of the municipal corporation and
prescribe the powers, duties and functions thereof, except where such de-
partments, offices, boards, commissions and agencies or the powers,
duties and functions thereof are specifically established or prescribed by
its charter or otherwise by law.

§ 15-77.10. A municipal corporation may construct, maintain and
equip all buildings and other structures necessary or useful in executing
its powers and duties, the performance of its functions and accomplish-
ment of its purposes and objectives.

§ 15-77.11. A municipal corporation may control and regulate the
use and management of all its property, real and personal, within and
without the municipal corporation; and may sell, lease, mortgage, pledge
or dispose of such property, subject to such limitations as may be im-
posed by law.

§ 15-77.12. A municipal corporation may accept or refuse gifts, dona-
tions, bequests or grants from any source, which are related to the powers,
duties and functions of the municipal corporation.

§ 15-77.18. A municipal corporation may establish a system for the
retirement of injured, or superannuated municipal officers and employees;
the members of the local police and fire departments; the public school
teachers and other employees of the local school board; and the judges,
clerks, deputy clerks, bailiffs and other employees of the local municipal
courts; or any of them; and may establish a fund or funds for the payment
of retirement allowances by making appropriations out of the municipal
treasury, by levying a special tax for the benefit of such fund or funds,
by requiring contributions payable from time to time from such officers,
employees, members of police and fire departments, teachers, judges, clerks,
deputy clerks and bailiffs, or by any combination of such methods, or by
any other method not prohibited by law; provided that the total annual
payments into such fund or funds shall be sufficient on sound actuarial
principles for the payment of such retirement allowances therefrom. The
benefits accrued or accruing to any person under such system shall not be
§ 15-77.14. A municipal corporation may impose on abutting land-
owners the assessments for local improvements provided for in article 2
of chapter 20 of Title 15 of this Code, subject to the limitations prescribed
by section 170 of the Constitution; and all of the provisions of said article
with respect to the imposition and apportionment of such assessments,
notices, objections, appeals, and liens and judgments with respect thereto
and the enforcement thereof, and docketing of instruments and documents,
pertaining to such assessments shall be applicable thereto. A municipal
corporation may delegate to its chief executive or administrative or other
appropriate officer the authority to perform the powers, duties and func-
tions of the council, committee, officer or board conferred and imposed
by the provisions of said article 2 of chapter 20 of Title 15 of this Code.

§ 15-77.15. A municipal corporation may acquire in any manner auth-
orized by this chapter or in its charter any interest or right of any abutting
landowner in or to any sewer, culvert or drain or in or to the use thereof.

ARTICLE IV

Powers to Secure and Promote Health, Safety, Welfare, Comfort,
Convenience, Trade, Commerce and Industry

§ 15-77.16. A municipal corporation, in order to secure, preserve and
promote health, safety, welfare, comfort, convenience, trade, commerce
and industry in the municipality, and among the inhabitants thereof, may
exercise the powers set forth in this article.

§ 15-77.17. A municipal corporation may regulate and inspect the
production, preparation, storage, distribution and sale of milk and milk
products, and other beverages, and food and food products, and the sanita-
tion of establishments in which the same are produced, prepared, pro-
cessed, handled, distributed, sold or offered for sale, and facilities, equip-
ment and vehicles used for such purposes; provided such regulations are
not inconsistent with the provisions of Chapters 17 and 24 of Title 3 of
the Code of Virginia, as amended; and may condemn, seize and dispose
of any adulterated, impure or dangerous milk, milk product, beverage,
food or food product, without liability to the owner thereof.

§ 15-77.18. A municipal corporation may regulate and inspect public
and private water supplies and the production, preparation, transmission
and distribution of water, and the sanitation of establishments, systems,
facilities and equipment in or by means of which water is produced, pre-
pared, transmitted and distributed; may adopt such regulations as are
deemed necessary to prevent the pollution of such water supplies; and
without liability to the owner thereof may prevent the transmission or
distribution of water when found to be polluted, adulterated, impure or
dangerous.

§ 15-77.19. A municipal corporation may regulate and inspect public
and private sewers, culverts, drains, sewerage disposal and treatment
systems, facilities and equipment; may adopt such regulations as are
deemed necessary to prevent the pollution of public and private water sup-
plies, and the contraction or spread of infections, contagious and danger-
ous diseases through the discharge, transmission, treatment or disposal
of sewage; and without liability to the owner thereof may prevent the
operation of such sewers, culverts, drains, systems, facilities or equip-
ment when they or any of them contribute or are likely to contribute to
the pollution of public or private water supplies or the contraction or
spread of infections, contagious and dangerous diseases. ; .

§ 15-77.20. A municipal corporation may require the installation,
maintenance and operation of, regulate and inspect septic tanks or other
means of disposing of sewage when sewers or sewerage disposal facilities
are not available; without liabality to the owner thereof may prevent the
maintenance and operation of septic tanks or such other means of dis-
posing of sewage when they contribute or are likely to contribute to the
pollution of public or private water supplies or the contraction or spread
of infections, contagious and dangerous diseases; and may regulate and
inspect the disposal of human excreta. .

§ 15-77.21. A municipal corporation may collect and dispose of gar-
bage and other refuse; may regulate and inspect incinerators, dumps and
other places and facilities for the disposal of garbage and other refuse
and the manner in which such incinerators, dumps, places and facilities
are operated or maintained; and without liability to the owner thereof
may prevent the use thereof for such purposes when they contribute or
are likely to contribute to the contraction or spread of infectious, con-
tagious or dangerous diseases.

§ 15-77.22. A municipal corporation may regulate and inspect the
operation, maintenance, and use of public swimming pools, lakes and other
natural or artificial waters and private pools and lakes operated by clubs
and associations; and without liability to the owner thereof, may prevent
the use thereof when such waters are found to be polluted, adulterated,
impure or dangerous or contribute or are likely to contribute to the
contraction or spread of infectious, contagious or dangerous diseases.

§ 15-77.23. A municipal corporation may regulate and inspect hos-
pitals, sanataria, convalescent homes, clinics, and other institutions, homes
and facilities for the care, treatment and maintenance of the sick, of child-
ren, the aged, insane, destitute or indigent, and without liability to the
owner thereof may prevent the use of any premises for such purposes
when it is found that the maintenance, operation and use thereof con-
tributes or is likely to contribute to the contraction or spread of infectious,
contagious or dangerous diseases, or when the safety of persons housed
therein is adversely affected by the manner in which they are maintained
and operated.

§ 15-77.24. A municipal corporation may regulate and inspect ceme-
teries and burials therein, prescribe records to be kept by the owners there-
of, and prohibit burials except in public cemeteries.

§ 15-77.25. A municipal corporation may provide for the care, treat-
ment, support and maintenance of the sick, of children, the aged, insane,
destitute and indigent.

§ 15-77.26. A municipal corporation may grant financial aid to mili-
tary units organized in the municipal corporation pursuant to the laws of
the Commonwealth, and to public libraries, and charitable or benevolent
institutions and corporations, including those established for scientific,
literary or musical purposes or the encouragement of agriculture and the
mechanical arts, whose functions further the public purposes of the
municipal corporation.

§ 15-77.27. A municipal corporation may regulate the construction,
maintenance and repair of buildings and other structures; and may divide
the municipality into districts and may regulate and restrict the character
of materials used in the construction, maintenance and repair of buildings
and structures in each district, provided such regulations and restrictions
shall be uniform and shall apply equally to all buildings and structures in
each district but the regulations and restrictions applicable in one district
may differ from those provided for other districts.

§ 15-77.28. A municipal corporation may regulate the installation,
maintenance, operation and repair of plumbing, electrical, heating, ele-
vator, escalator, boiler, unfired pressure vessel and air conditioning in-
stallations in buildings and structures.

§ 15-77.29. A municipal corporation may regulate or prohibit the con-
duct of any dangerous, offensive or unhealthful business, trade or employ-
ment, and the transportation of any offensive substance, and the manu-
facture, storage, transportation, possession and use of explosive or in-
UernTnale substance and the use and exhibition of fireworks and discharge
of firearms.

§ 15-77.30. A municipal corporation may regulate the sale of property
at auction; may regulate the conduct of and prescribe the number of pawn
shops and dealers in second hand goods, wares and merchandise; may
regulate or prohibit peddling; may prevent fraud or deceit in the sale of
property; may require weighing, measuring, gauging and inspection of
goods, wares and merchandise offered for sale; and may provide for the
sealing of weights and measures and the inspection and testing thereof.

§ 15-77.31. A municipal corporation may compel the abatement or re-
moval of all nuisances, including but not limited to the removal of weeds
from private and public property and snow from sidewalks; the covering
or removal of offensive, unwholesome, unsanitary or unhealthy substances
allowed to accumulate in or on any place or premises; the filling in to the
street level, fencing or protection by other means, of the portion of any
lot adjacent to a street where the difference in level between the lot and the
street constitutes a danger to life and limb; the raising or draining of
grounds subject to be covered by stagnant water; and the razing or repair
of all unsafe, dangerous or unsanitary public or private buildings, walls
or structures which constitute a menace to the health and safety of the
occupants thereof or the public. If after such reasonable notice as the
municipal corporation may prescribe the owner or owners, occupant or
occupants of the property or premises affected by the provisions of this
section shall fail to abate or obviate the condition or nuisance, the municipal
corporation may do so and charge and collect the cost thereof from the
owner or owners, occupant or occupants of the property affected in any
manner provided by law for the collection of State or local taxes.

§ 15-77.32. A municipal corporation may regulate the emission of
smoke, the construction, installation and maintenance of fuel burning
equipment, and the methods of firing and stoking furnaces and boilers.

§ 15-77.33. A municipal corporation may regulate the light, ventila-
tion, sanitation and use and occupancy of buildings heretorore or here-
after constructed, altered, remodeled or improved, and the sanitation of
premises surrounding the same.

§15-77.34. A municipal corporation may prevent cruelty to and abuse
of animals and fowl; and may regulate or prohibit the running at large and
the keeping of animals and fowl and provide for the impounding and con-
fiscation of any such animal or fowl found at large or kept in violation of
such regulations.

§ 15-77.35. A municipal corporation may regulate the use of parks,
playgrounds, playfields, recreational facilities and airports.

§ 15-77.36. A municipal corporation may regulate or prohibit the
making of fires in streets, alleys and other public places and to regulate
the making of fires on private property.
§ 15-77.37. A municipal corporation, in order to secure, preserve and
promote health, safety, welfare, comfort, convenience, trade, commerce and
industry in the municipality, and among the inhabitants thereof, may
exercise the powers and provide and operate the facilities and establish-
ments set forth in this article.

§ 15-77.88. A municipal corporation may provide and operate within
or without the municipal corporation public parks, parkways, playfields and
playgrounds, and lay out, equip and improve them with all suitable de-
vices, facilities, equipment, buildings and other structures.

15-77.89. A municipal corporation may provide and operate within
or without the municipal corporation water supplies and water production,
preparation, distribution and transmission systems, facilities and appur-
tenances for the purpose of furnishing water for the use of the inhabitants
of the municipality ; may contract with others for such purposes and serv-
ices; may require the connection of premises with facilities provided for
furnishing water; may charge and collect compensation for water thus
furnished; and may provide penalties for the unauthorized use thereof.

§ 15-77.40. A municipal corporation may provide and operate within
or without the municipal corporation sewers, drains, culverts and sewerage
transmission, treatment and disposal systems, facilities and appurtenances
for the purpose of furnishing sewerage disposal services for the inhabit-
ants of the municipality ; may contract with others for supplying such serv-
ices; may, within the corporate limits of the municipality, require the
connection of premises with facilities provided for such purposes; may
charge and collect compensation for such services; and provide penalties
for the unauthorized use of such facilities.

§ 15-77.41. A municipal corporation may provide and operate within
or without the municipal corporation plants, facilities, and appurtenances
for the production, transmission and distribution of electric energy for the
use of the municipal corporation and the inhabitants of the municipality;
may contract with others for such purposes and services; may charge and
collect compensation for electric energy thus furnished; and may provide
penalties for the unauthorized use thereof.

§ 15-77.42. A municipal corporation may provide and operate within
or without the municipal corporation plants, facilities, equipment and ap-
purtenances for the production, transmission, and distribution of natural
or manufactured gas for the use of the inhabitants of the municipality;
may contract with others for such purposes and services; may charge and
collect compensation for gas thus furnished; and may provide penalties for
the unauthorized use thereof.

§ 15-77.43. A municipal corporation may provide and operate, within
or without the municipal corporation, incinerators, dumps, facilities and
appurtenances for the disposal of garbage and other refuse of the in-
habitants of the municipality ; may contract with others for supplying such
services; may prohibit the disposal of garbage and refuse in or at any
place other than that provided for the purpose; may charge and collect
compensation for such service; and provide penalties for the unauthorized
use of such facilities.

§ 15-77.44. A municipal corporation may provide and operate public
libraries, armories and markets, or may contract with others for supplying
such facilities.

§ 15-77.45. A municipal corporation may provide and operate, within
or without the municipal corporation, hospitals, sanatoria, homes, clinics,
institutions and facilities for the care, treatment and maintenance of the
sick, of children, the aged, destitute and indigent; may contract with others
for supplying such services; and may charge and collect compensation for
such care, treatment and maintenance.

§ 15-77.46. A municipal corporation may provide and operate, within
or without the municipal corporation detentive, correctional and penal in-
stitutions; or may contract with others for supplying the services and
facilities provided at such institutions.

§ 15-77.47. A municipal corporation may provide and operate, within
or without the municipal corporation, cemeteries; may contract for the
perpetual care of lots and burial spaces therein; and may charge com-
pensation for lots and burial spaces and services in connection with in-
terments and the maintenance and operation of such cemeteries.

§ 15-77.48. A municipal corporation may provide and operate places
for, and limited to, the parking or storage of vehicles by the public, which
shall include but shall not be limited to parking lots, garages, buildings and
other land, structures, equipment and facilities; provde for their manage-
ment and operation by an agency of the municipality ; contract with others
for the operation and management thereof upon such terms and conditions
as shall be prescribed by the municipal corporation; and charge or au-
thorize the charging of compensation for the parking or storage of vehicles.

§ 15-77.49. A municipal corporation may provide and operate within
or without the municipal corporation airports and lands, structures, equip-
ment and facilities appurtenant thereto; provide for their management
and operation by an agency of the municipality; contract with others for
the operation and management thereof upon such terms and conditions as
shall be prescribed by the municipal corporation; and charge or authorize
the charging of compensation for the use of the airport or any of its
appurtenances or facilities.

§ 15-77.50. A municipal corporation may provide and operate stadia,
arenas, swimming pools and other sports facilities and lands, structures,
equipment and facilities appurtenant thereto; provide for their manage-
ment and operation by an agency of the municipality ; contract with others
for the operation and management thereof upon such terms and conditions
as shall be prescribed by the municipal corporation; and charge or author-
ize the charging of compensation for the use of or admission to such
stadia, arenas, swimming pools, sports facilities and appurtenances.

§ 15-77.51. Lands, buildings or structures used for any purpose de-
fined in this article shall be under the police jurisdiction of the municipal
corporation for the enforcement of its regulations respecting the use or
occupancy thereof. All regular and special police officers of the municipal
corporation shall have jurisdiction to make arrests on such land and in
such buildings or structures for violations of such regulations. The
municipal court having criminal jurisdiction in the municipal corporation
shall have jurisdiction in all cases arising thereunder within the municipal
corporation, and the county court of the county wherein the offense was
committed shall have jurisdiction of such cases arising without the munic-
ipal corporation. Appeals may be taken in such cases to the court of
record having jurisdiction.

ARTICLE VI

Streets, Alleys, and Other Public Ways, Places and Property

§ 15-77.52. A municipal corporation, in order to secure, preserve and
promote safety, welfare, comfort, convenience, trade, commerce and in-
dustry in the municipality, and among the inhabitants thereof, may exer-
cise the powers set forth in this article.

§ 15-77.53. A municipal corporation may lay out, open, extend, widen,
narrow, establish or change the grade of, close, construct, pave, curb,
gutter, plant and maintain shade trees on, improve, maintain, repair, clean
and light streets, including limited access or express highways, roads,
alleys, bridges, viaducts, subways and underpasses, and make and improve
sidewalks and walkways upon streets and improve and pave alleys within
the municipal corporation. A municipal corporation shall have the same
power and authority over any street, alley or other public way or place
dedicated or conveyed to the municipal corporation or dedicated or devoted
to public use as over other streets, alleys and other public ways and places.

§ 15-77.54. A municipal corporation may construct, improve and
maintain, or aid in the construction, improvement and maintenance of
streets, roads, highways, bridges and underpasses without the municipal
corporation in order to facilitate public travel and traffic into and out of
the municipal corporation or any property owned by the municipal cor-
poration situated without the municipal corporation.

§ 15-77.55. A municipal corporation may regulate and control the
operation of motor and other vehicles and the movement of vehicular and
pedestrian travel and traffic on streets, highways, roads, alleys, bridges,
viaducts, subways, underpasses and other public ways and places, provided
such regulations shall not be inconsistent with the provisions of Article 2
of Chapter 4 of Title 46 of this Code, or any amendment or revision there-
of or provisions of law which are successor thereto.

§ 15-77.56. A municipal corporation may provide for the issuance of
permits, under such terms and conditions as the municipal corporation
may impose, for the use of streets, highways, roads, alleys, bridges, via-
ducts, subways and underpasses and other public ways and places by rail-
roads, buses, taxicabs and other vehicles for hire; may prescribe the loca-
tion in, under or over and provide for the issuance of permits for the use
of such public ways and places for the installation, maintenance and opera-
tion of tracks, poles, wires, cables, pipes, conduits, bridges, viaducts, sub-
ways, vaults, areas and cellars; may require tracks, poles, wires, cables,
pipes, conduits, bridges, viaducts, subways and underpasses to be altered,
removed or relocated either permanently or temporarily; may charge and
collect compensation for the privileges so granted; and may prohibit such
use of said public ways and places except as otherwise provided by law.
No such use shall be made of the streets, highways, roads, alleys, bridges,
viaducts, subways and underpasses without the consent of the municipal
corporation.

§ 15-77.57. A municipal corporation may prevent any unlawful ob-
struction of or encroachment over, under or in any street, highway, road,
alley, bridge, viaduct, subway, underpass or other public way or place;
may provide penalties for maintaining any such unlawful obstruction or
encroachment; may remove the same and charge the cost thereof to the
owner or owners, occupant or occupants of the property so obstructing or
encroaching, and collect the cost in any manner provided by law for the
collection of state or local taxes; may require the owner or owners, occu-
pant or occupants of the property so obstructing or encroaching to remove
the same; pending such removal, may charge the owner or owners of the
property so obstructing or encroaching, compensation for the use of such
portion of the street, highway, road, alley, bridge, viaduct, subway, under-
pass or other public way or place obstructed or encroached upon the equiv-
alent of what would be the tax upon the land so occupied if it were owned
by the owner or owners of the property so obstructing or encroaching,
and, if such removal shall not be made within the time ordered impose
penalties for each and every day that such obstruction or encroachment
is allowed to continue thereafter; may authorize encroachments upon such
public ways and places subject to such terms and conditions as the munici-
pal corporation may prescribe, but the owner or owners, occupant or
occupants shall be liable for negligence on account of such encroachment;
and may institute and prosecute a suit or action in ejectment or other
appropriate proceedings to recover possession of any such public way or
place or any other property of the municipal corporation unlawfully oc-
cupied or encroached upon.

§ 15-77.58. A municipal corporation may grant franchises to use
public property and may exercise the powers granted in Article 2 of
Chapter 22 of Title 15 of this Code, to the extent and in the manner therein
prescribed, subject to the provisions of Section 125 of the Constitution.

§ 15-77.59. A municipal corporation may regulate the services rend-
ered to the public and rates charged therefor by any person, firm, associa-
tion, organization or corporation using the streets, highways, roads, alleys,
bridges, viaducts, subways, underpasses or other public ways or places
for the rendition of such services, which are not subject to regulation by
the State Corporation Commission.

§ 15-77.59:1. Nothing contained in this chapter shall have applica-
tion to any highway, road, street or other public way which constitutes a
part of any of the State Highway Systems.

ARTICLE VII

Acquisition of Property for Public Use
and Ownership

§ 15-77.60. A municipal corporation, for the purpose of exercising
any of its powers and duties and performing any of its functions, may
acquire by gift, bequest, purchase or lease, and may own and make use of,
within and without the municipal corporation, lands, buildings and other
structures and personal property, including any interest, right, easement
or estate therein; and may exercise the power of eminent domain for such
purposes as hereinafter provided in this article.

§ 15-77.61. A municipal corporation may acquire by condemnation
proceedings, in the manner and in accordance with the procedure provided
in Title 25 of the Code or in §§ 33-59 through 33-70 of this Code, or any
amendment or revision thereof or provisions of law which are successor
thereto, lands, buildings and other structures and personal property, in-
cluding any interest, right, easement or estate therein of any person or cor-
poration, whenever a public necessity exists therefor which shall be de-
clared in the resolution or ordinance adopted by the municipal corporation
directing such acquisition by condemnation proceedings, whenever the
municipal corporation cannot agree on the compensation to be paid the
owner or owners of such property or other terms of purchase or settlement,
or because of the incapacity of such owner or owners, or because such
owner or owners are nonresidents of the Commonwealth, or because such
owner or owners are unknown, or because such owner or owners are unable
to convey valid title to such property; provided, however, that the pro-
visions of § 33-70 shall not be used except for the acquisition of lands or
easements necessary for streets, water, sewer or utility pipes or lines or
related facilities.

§ 15-77.62. Condemnation proceedings for the acquisition of such
property shall be instituted in the circuit or corporation court of or in the
municipal corporation having jurisdiction of such proceedings if the subject
to be acquired is located within the municipal corporation. If the subject
to be acquired is located without the municipal corporation, then the pro-
ceedings shall be instituted in the circuit court of the county in which the
subject is located. If the subject to be acquired is located partly within
a municipal corporation of the first class and partly within a county, then
the circuit court of the county shall have concurrent jurisdiction of such
proceedings with the circuit or corporation court of the municipal corpora-
ion.
§ 15-77.63. A municipal corporation in the exercise of the power of
eminent domain, pursuant to the provisions of this article shall be subject
to the provisions of § 25-233 of this Code when the interest sought is held
by another corporation having the power of eminent domain.

ARTICLE VIII

Enforcement of Ordinances and Regulations—
Licenses and Permits—
Bonds Posted by Municipalities

§ 15-77.64. When a municipal corporation is authorized and deems it
necessary or expedient to adopt ordinances on any subject, it may impose
penalties for the violation of such ordinances. No penalty imposed shall
exceed a fine of one thousand dollars or imprisonment in a penal or correc-
tional institution for twelve months or both.

§ 15-77.65. Upon conviction for the violation of any such ordinance,
the court trying the case may require bond of the person so convicted with
proper security in the penalty of not more than two thousand dollars,
conditioned not to violate the ordinance for the breach of which he has
been convicted for the period of not more than one year.

§ 15-77.66. From any fine or imprisonment thus imposed an appeal
shall lie as in cases of misdemeanor. Whenever any fine shall be imposed
but not paid, the court trying the case may, unless an appeal be forthwith
taken, order the person convicted to be imprisoned in a penal or correctional
institution for one day for each three dollars thereof, and may issue a writ
of fieri facias directed to the sergeant or sheriff for the collection of the
amount due, returnable within sixty days from its issuance.

§ 15-77.67. A municipal corporation may require able-bodied persons
sentenced to confinement in a penal or correctional institution to work in
such institution or elsewhere in the municipal service, but such persons
shall not be deemed to be employees or agents of the municipal corporation
while engaged in such work.

15-77.68. A municipal corporation, in addition to the penalty im-
posed for the violation of any ordinance, may enjoin the continuing viola-
tion thereof by proceedings for an injunction brought in any court in the
municipal corporation having jurisdiction to grant injunctive relief.

§ 15-77.69. Whenever in the judgment of the municipal corporation
it is advisable in the exercise of any of its powers or in the enforcement
of any ordinance or regulation, it may provide for the issuance of licenses
or permits in connection therewith; fix a fee to be charged the licensee or
permittee and require from the licensee or permittee a bond or insurance
contract of such character and in such amount and upon such terms and
conditions as the municipal corporation may determine.

§ 15-77.70. Whenever the law requires the posting of a bond, with
or without surety, as a condition precedent to the exercise of any right, a
municipal corporation, without giving such bond, may exercise such right,
provided all other conditions precedent are complied with, and no action
shall be delayed or refused because the municipal corporation has not filed
or executed the bond that might otherwise be required, and the municipal
corporation shall be bound to the same extent that it would have been
bound had the bond been given.
§ 15-77.71. The boundaries of municipal corporations shall be and
remain as now established unless changed as provided in Title 15 of this
Code. No charter of any municipal corporation shall contain the metes
and bounds of such municipal corporation, but the boundaries thereof shall
be incorporated therein by reference to the recordation in the clerk’s office
of the court where deeds are admitted to record of the final decree or order
of the court establishing such boundaries or the Act of the General As-
sembly by which they are defined. The part of the charter of a municipal
corporation defining its boundaries hereafter amended shall not contain
the metes and bounds of the municipal corporation, but the boundaries
thereof shall be incorporated therein by reference to the recordation of
such final decree or order or to said Act.

ARTICLE X
Grant or Amendment of Charters

§ 15-77.72. No charter shall be granted to a municipal corporation
and no charter of a municipal corporation shall be amended with respect
to the powers provided for municipal corporations by this chapter, nor
shall any such power be granted to a municipal corporation except as
provided in this article.

§ 15-77.73. The municipal corporation shall provide for holding an
election to be conducted as provided in § 24-141 of this Code to determine
if the qualified voters of the municipal corporation desire that it request
the General Assembly to grant to the municipal corporation a new charter
or to amend its existing charter, or to grant to the municipal corporation
any of the powers provided in this chapter, as the case may be. Such elec-
tion shall be held within the thirty days following the action of the munici-
pal corporation with respect thereto. If a majority of the qualified voters
voting in such election vote in favor of such request, the municipal corpora-
tion shall transmit two copies of a bill to grant the new charter or to
amend the existing charter, or to grant the power to the Keeper of the
Rolls of the Commonwealth, whose duty it shall be at the then or next
regular session of the General Assembly to transmit one copy of the bill
to the presiding officer of the House of Delegates and one copy to the
presiding officer of the Senate, which shall constitute a request of the
General Assembly to grant the new charter or the amendment of the
existing charter or the power, as the case may be, specified in the bill, as
provided by Section 117 of the Constitution.

§ 15-77.74. In lieu of the election provided for in § 15-77.73, a munici-
pal corporation desiring the General Assembly to grant to it a new charter
or to amend its existing charter, or to grant such power, as the case may
be, may hold a public hearing with respect thereto, at which citizens shall
have an opportunity to be heard to determine if the citizens of the mu-
nicipal corporation desire that the municipal corporation request the Gen-
eral Assembly to grant to it a new charter, or to amend its existing charter,
or to grant such power. At least ten days’ notice of the time and place of
such hearing and the text or an informative summary of the new charter
or amendment or power desired, as the case may be, shall be published in
a newspaper of general circulation in the municipal corporation. Such
public hearing may be adjourned from time to time, and upon the com-
pletion thereof, the municipal corporation may request the General As-
genibiy to grant the new charter or amend the existing charter or grant

e power.
§ 15-77.75. Whenever a new charter is granted to a municipal corpo-
ration, the powers provided for municipal corporations by this chapter,
or such of them as the municipal corporation desires to exercise, shall be
incorporated in the new charter only by reference to the numbers of the
sections of this chapter. Such reference may contain appropriate language
making such modifications, if any, of the provisions of such sections as
are contained in the request for the new charter. .

§ 15-77.76. Whenever an existing charter of a municipal corporation
is amended, either by a change in or modification of a power similar or
related to a power provided for municipal corporations by this chapter, or
by granting any such power to the municipal corporation, such amendment
or grant of power shall be as follows, after setting forth the title and
enacting clause of an act granting the power sought:

“The powers set forth in (here insert the section number or numbers)
of Chapter 5.1 of the Code of Virginia as in force on
(here insert date), are hereby conferred on and vested in
(here insert the name of the municipal corporation) .”

There may also be inserted in the act appropriate language dealing
with the provisions of the charter amended or affected by the grant of
power; and when a modification of the provision or provisions of the
section or sections of this chapter are contained in the request for the
grant of power, appropriate language to that effect may be also inserted.