CHAPTER 366

AN ACT to provide a new charter for the town of Irvington and to declare
void all former charters thereof. (Ht 180]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
ARTICLE I

The Town Corporate

§ 1. The inhabitants of the territory embraced within the present
limits of the Town of Irvington, in Lancaster County, Virginia, as herein-
after defined, or as the same may be hereafter altered or established by
law, shall constitute and continue a body politic and corporate, to be known
and designated as the town of Irvington, 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. No enumeration of particular powers by this
shall be held to be exclusive.

The town 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 said town as a municipal corporation,
and shal] 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.

ARTICLE II
Corporate Limits

§ 1. The territory embraced within the limits of the town of Irving-
ton is as follows:
Beginning at a point on the westerly side of Virginia State High-
way ¢ 8, which leads from the Town of Irvington to the Town of
Kilmarnock, Virginia, where the land now or formerly belonging to
the Leland estate corners with the land of Thomas Banks, which said
point of beginning is designated by a cement corner stone; thence
running along the line separating the property of the Leland Estate
from the Banks property South 82° 20’ 20” West 340.11 feet to an
old axle; thence continuing along said line South 81° 45’ 50” West
153.14 feet to a pipe; thence continuing along said line South
81° 32’ 50” West 749.20 feet to an old pipe; thence continuing along
said line separating the said Leland and Banks properties South
80° 39 50” West 940.52 feet to a marked Poplar tree, thence
continuing along said line South 79° 54’ 20” West 414.11 feet to a
cement marker ; thence continuing along the same course a distance
of approximately 180 feet to the center of Church Branch of Carters
Creek; thence running in a Southerly direction down the center of
said Branch by the Leland property, property of Dew and Hender-
son, property of E. A. Stephens and others to a point opposite the
property of Warner Moore; thence running in an easterly direction
along with center line of the eastern branch of Carters Creek by a
Black buoy, the old ferry slip, by the Yarbrough property, the James
property to a point in the center of said Creek opposite the property
of M. J. Alga; thence running in a Northerly direction along the
center of said Eastern Branch of Carters Creek by the lands of
Crosby Miller, T. D. McGinnes, through the center of a certain
bridge located on Virginia State Highway é 3 which leads from the
Town of Irvington to the Town of White Stone, Virginia, and con-
tinuing in a Northerly direction up the center of said Branch, known
as Old Mill Cove, and continuing in a general Northerly direction up
the center of said swamp by the S. A. Buchan estate to the Southern
boundary of the land of Earl M. Pittman; thence running North
85° 29 30” West approximately sixty feet to a cement marker;
thence continuing North 85° 20 30” West 2948.16 feet to another
cement marker on the Eastern edge of Virginia State Highway + 3
which leads from the Town of Irvington to the town of Kilmarnock,
Virginia, thence continuing same course approximately 110 feet
across said highway to the Leland property; thence running along
the western edge of Virginia State Highway + 3 in a northerly
direction approximately 955.50 feet to a cement marker, the point of
beginning, the said property embraced within the Town of Irvington
being shown on a certain plat of survey made by T. D. Wilkinson,
III, Certified Surveyor, dated the 3rd day of May, 1956, which said
plat is of record in the Clerk’s Office of the Circuit Court of
Lancaster County, Virginia.

ARTICLE III
Administration and Government

- 1. The present mayor and councilmen of the Town of Irvington
continue in office until the expiration of the term for which they were
d, or until their successors are duly elected and qualified.

; 2, On the second Tuesday in June, nineteen hundred and fifty-eight,
avery two years thereafter, there shall be elected by the qualified
s of the town, one elector of the town, who shall be denominated mayor
even other such electors who shall be councilmen and constitute the
council. They shall enter upon the duties of their offices on the first
f September next succeeding their election and shall continue in office
until their successors are duly elected and qualified. Every person so elected
shall take an oath faithfully to execute and discharge the duties of his office
to the best of his judgment and the mayor shall take the oath prescribed
by the law for State officers. The failure of any person elected or appointed
under the provisions of this charter to qualify or to take the oath required,
within the time prescribed for entering upon the discharge of the duties
of the office to which he is elected or appointed, shall vacate such office,
and the council shall proceed and is hereby vested with power to fill such
vacancy in the manner herein prescribed. ; .

§ 3. There shall be appointed for the town a registrar and officers
of election in the manner provided for by general law. All elections held
in the town shall be conducted in accordance with general law; the elec-
torate shall be that prescribed by general law.

§ 4. The council shall be judge of the election, qualification and
return of its members, subject to review by the Circuit Court of Lan-
easter County; may fine them for disorderly conduct and, with the
concurrence of two-thirds, expel a member. If any person returned be
adjudged disqualified, or be expelled, a new election to fill the vacancy shall
be held on such day as the council prescribes. Any vacancy occurring
otherwise during the term for which such person was elected shall be
filled by the council by the appointment of anyone eligible to such office.
In the event of the failure of the council to fill such vacancy within
fifteen days, the Circuit Court of Lancaster County shall make such ap-
pointment to fill the vacancy. A vacancy in the office of mayor shall be
filled by the council from the electors of the town and any member of the
council may be eligible to fill such vacancy.

§ 5. A majority of the members of the council shall constitute a
quorum for the transaction of business.

§ 6. Each member of the council may receive a salary to be fixed by
the council, payable at such time and in such manner as the council may
direct, but the salary paid to any one member during any year shall not
exceed the sum of one hundred twenty dollars per annum. The mayor
may receive a salary to be fixed by the council, payable in such manner
and at such times as the council may direct, not to exceed the sum of
five hundred dollars per annum.

§ 7. The mayor shall preside at the meetings of the council and
perform such other duties as are prescribed by this charter and by general
law and such as may be imposed by the council consistent with his office.
He shall take care and see that the by-laws, ordinances, acts and resolu-
tions of the council are faithfully executed and obeyed. He shall be ex
officio conservator of the peace within the town and within one mile of its
corporate limits. He shall see that peace and good order are preserved
and that persons and property within the town are protected. He shall
authenticate by his signature such documents and instruments as the
council, this charter, or the laws of the Commonwealth require. He shall
from time to time recommend to the council such measures as he may
deem needful for the welfare of the town.

§ 8. The council shall, as soon as practicable after qualification,
and biennially thereafter following the regular town election, appoint one
of its members as vice-mayor. The vice-mayor, during the absence or dis-
ability of the mayor shall perform the duties and be vested with all the
power, authority and jurisdiction of the mayor; in the event of a vacancy
for any reason in the office of mayor, he shall act as mayor until a mayor
is duly appointed by the town council or is elected. The member of the
council who shall be chosen vice-mayor shall continue to have all the
rights, privileges, powers, duties and obligations of councilman even
when performing the duties of mayor during the absence or disability of
the mayor of the town.
§ 9. The council shall, by ordinance, fix the time and place for their
regular meetings, which shall be held at least once a month. Special
meetings may be called by the Clerk at the instance of the mayor or any
three members of the council in writing; no other business shall be
transacted at a special meeting except that stated in the call, unless all
members be present and consent to the transaction of such other business.
The meetings of the council shall be open to the public except when, in the
judgment of the council, the public welfare requires executive meetings.

§ 10. The council shall keep a minute book, in which its Clerk shall
note the proceedings of the council, and shall record proceedings at large
on the minute book and keep the same properly indexed. ; .

§ 11. The council shall appoint at its first regular meeting in
September after its election, a clerk of the council who shall hold office
at the pleasure of the council. He shall attend the meetings of the council
and keep its minutes and records and have charge of the corporate seal
and shall attest the same. He shall keep all papers required to be kept
by the council, shall publish reports and ordinances as are required to be
published and shall perform such other duties as the council may require.
His compensation shall be fixed by the council. Any vacancy in this
office shall be filled by the council.

§ 12. The council may adopt rules for regulating its proceedings,
but no tax shall be levied, or corporate debt contracted, except by a
recorded two-thirds vote of all the members elected to the council or ap-
propriation of money exceeding the sum of one hundred dollars be made,
except by a recorded affirmative vote of a majority of all the members
elected to the council.

§ 13. The council shall appoint at its first meeting in September, or
as soon as practicable thereafter, a treasurer who shall hold office for a
term of two years. The council may provide a salary for the treasurer.
He shall give such bond, with surety and in such penalty as the council
prescribes. He shall receive all money belonging to the town, and keep
correct accounts of all receipts from all sources and of all expenditures of
all departments. He shall be responsible for the collection of all taxes,
license fees, levies and charges due to the town, and shall disburse the
moneys of the town in the manner prescribed by the council as it may
by ordinance direct. The treasurer shall make such reports and at such
time as the council may prescribe. The books and accounts of the
treasurer shall be examined and audited at such times as the council may
direct, such examination and audit to be reported to the council.

14. The council may designate the place of deposit of all town
funds, which shall be kept by the treasurer separate and apart and not
commingled with any personal or other accounts.

§ 15. The council may appoint at its first regular meeting in Septem-
ber or as soon as practicable thereafter, a town sergeant, who shall also be
chief of police and have all the powers vested in town sergeants by general
law. He shall hold office at the pleasure of the council. His duties shall
be such as the council prescribes. He shall be vested with the powers
of a aaa of the peace. His compensation shall be fixed by the
council.

§ 16. The council may appoint a police justice for the town pur-
suant to § 16.1-7 of the Code of Virginia, who shall be a resident of
Lancaster County, and who shall serve a term of two years or until his
successor is appointed and qualified. The police justice is hereby invested
with the right and authority to issue warrants, summon witnesses and
try cases involving violations of town ordinances; and he shall be com-
pensated in such manner and amount as the council may provide.

The conduct of all proceedings and trial and disposition of cases by
or before the police justice and the fees and costs assessed by him shall
be the same as provided by general law relating to County Courts. All

fees, costs and fines imposed and collected by the police justice shall be

paid into the town treasury unless the council by ordinance directs some

other disposition thereof. Appeals from the decisions of the police justice

shall be allowed and taken in the manner provided by general law for ap-

Se from County Courts, and shall be to the Circuit Court of Lancaster
ounty.

The council shall provide a courtroom for the conduct of such pro-
ceedings and trials, and for necessary records, equipment and supplies
incident thereto. The council may appoint a police court clerk to serve
at the pleasure of the council, to assist the police justice and who shall
after appointment and qualification be empowered to grant bail in matters
within the trial jurisdiction of the police justice. .

If there be appointed a police justice, the council may also appoint a
substitute police justice for the town who shall have the same residence
qualifications as the police justice, and whose appointment, qualification
and term shall be the same as the police justice. In the event of the
disability of the police justice to perform the duties of his office due to
sickness, absence, unavailability, vacation, or otherwise, the substitute
police justice shall be vested with and may exercise all the rights and
authority of the police justice, and he shall be compensated in such
manner and amount as the council may provide.

Notwithstanding the provisions of this section for the appointment
of a police justice and a substitute police justice, the council by ordinance
may invest the mayor as such with all or any part of the rights, authority,
duties and functions prescribed for the police justice, to exercise the same
and act when the office of the police justice is vacant, or in the event of
the disability of the police justice and the substitute police justice, if there
be one, to perform the duties of his office due to sickness, absence, unavail-
ability, vacation or otherwise. In any such event, the clerk mentioned
above in this section shall have the same duties and powers as there
specified.

§ 17. In addition to the officers of the town specifically provided for
herein, the council may appoint such other officers, including a town clerk
who may be the same person as the clerk mentioned in § 11 of this article,
as it may deem necessary, and define the duties, fix the compensation, set
the qualifications and terms of office and require proper bonds of each.
The council may provide for the payment of bond premiums for the official
bond of any of its officers.

§ 18. All ordinances, resolutions and by-laws passed by the council
shall take effect at the time indicated in such ordinances, resolutions or
by-laws, but in event no effective date shall be set forth in any such ordi-
nances, resolutions or by-laws passed by the council, the same shall become
effective thirty days from passage.

ARTICLE IV
Taxation and Finances

§1. The town council shall have control of taxation and finances for
municipal purposes. It shall have the following powers:

(1) To prepare or cause to be prepared annually a budget showing
the estimated receipts and proposed expenditures for town purposes as
required by general law, and to publish the same.

(2) To raise annually by levy and collection of taxes and assess-
ments in the town on all such property, real and personal, as is now or
may hereafter be subject to taxation by towns by the laws of the Common-
wealth, such sums of money as the council thereof may deem necessary
for the purposes of the town in such manner as the council deems ex-
pedient in accordance with this charter and the laws of this State; pro-
vided, however, that it shall impose no taxes on the bonds of said town.

(3) To impose special or local assessments for local improvements
and enforce the payment thereof, subject to such limitations as may be
prescribed by the laws of the Commonwealth, as may be in force at the
time of the imposition of such special or local assessments.

(4) To contract debts in the name of and for the use of the town
and make and issue, or cause to be made and issued, as evidence thereof,
bonds, notes and other obligations, within the limitations prescribed by
the laws of this State concerning bonds issued by the town upon credit
of the town, or solely upon the credit of specific property owned by the
town, or solely upon the credit of income derived from property used in
connection with any public utility owned and operated by the town.

(5) To borrow money temporarily, pending the issuance and sale
of any bonds, notes or other obligations authorized by this charter, or in
anticipation of the receipt of taxes and revenue of the current fiscal year,
and to issue notes or other evidences of indebtedness therefor, and from
time to time to renew such temporary loans or to use current funds to be
ultimately repaid from the proceeds of said bonds, notes or other obliga-
tions, or from the town taxes and revenues, as the case may be.

(6) To expend the money of the town for all lawful purposes.

(7) To levy a tax or a license on any slot machine or similar device
of any kind, whether a license may be required therefor by the State or
not, and may, if permitted by general law, exceed the State license if
any be required and may provide penalties for any violation thereof.

(8) To license and regulate the holding and location of shows, cir-
cuses, public exhibitions, carnivals and other similar shows or fairs, or
prohibit the holding of the same, or any of them, within the limits of
the town; and may assess a license fee for holding any of the foregoing
within one mile of the town which shall only be sufficient to provide
regulation and protection. This section shall not be construed to pro-
hibit a resident mechanic or artists from exhibiting any production of
his own art or invention without compensation, nor shall any license be
required of any industrial arts exhibit nor of any agricultural fair or the
shows exhibited within the grounds of such fair or fairs, during the
period of such fair, whether an admission be charged or not, nor of
resident persons performing in a show or exhibition for charity or other
benevolent purposes, nor of exhibitions of volunteer fire companies whether
an admission be charged or not. Whenever such show, exhibition, or per-
formance is given, whether exempted by the terms hereof or licensed,
those engaged therein and operating under either such license or exemp-
tion, shall be exempt from a license tax for performing or acting thereat;
provided, however, that this shall not be construed to allow without license
a performance for charitable or benevolent purposes by a company, asso-
ciation or persons, or a corporation, who makes it their business to give
exhibitions, no matter what terms of contract may be entered into or un-
der what auspices such exhibition is given by such company, association
or persons, or corporation, for benevolent or charitable purposes, it being
the intent and meaning of this section that every company, association
or persons, or corporation, which makes its business that of giving exhibi-
tions for compensation, whether a part of the proceeds are for charitable
or benevolent purposes or not, shall pay the license tax required by law.

(9) To impose licenses by ordinance upon business, trades, profes-
sions or callings, and upon persons, firms, associations or corporations en-
gaged therein or offering to do business within the boundaries of the town,
whose principal office is or is not located in the town, except when pro-
hibited by general law, whether or not a license may be required therefor
by the State. The fee for such license may exceed the State license fee
if any be required. .

(10) For every license issued or transferred under this charter,
there may be prescribed by ordinance a reasonable charge or fee, for
issuing or transferring the same. Such charges or fees shall be paid into
the town treasury.

(11) A lien shall exist on all real estate within the corporation
limits for taxes, levies, penalties or assessments in favor of the town,
levied or assessed thereon from the commencement of the year for which
the same was levied or assessed and the penalties and procedure for
collecting such taxes and for selling real estate for town taxes shall be
the same as provided by the general laws of the Commonwealth. The
council shall have the benefit of all other remedies for the collection of
town taxes which are now or may hereafter be permitted under the general
laws of the Commonwealth, including the power to distrain goods and
chattels for failure to pay taxes levied thereon.

ARTICLE V
Property

§ 1. The town council shall have the following powers:

(1) To acquire by purchase, gift, devise, condemnation, or otherwise,
property, real or personal, or any estate therein within the town, for any
purpose of the town, not inconsistent with the general law, and to hold, im-
prove, sell, lease, mortgage, or pledge, or otherwise dispose of the same or
any part thereof, including any property now owned by the town.

(2) To acquire by gift, purchase, exchange or by the exercise of power
of eminent domain within this State lands or any interest or estate in lands,
rock quarries, gravel pits, sandpits, water and water rights and the neces-
sary roadways thereto, either within or without the town, and to acquire and
install machinery and equipment and build the necessary roads or trainways
thereto and to operate the same for producing material required for any and
all purposes of the town.

(3) To acquire and operate parks, playgrounds and public grounds
within the corporate limits of the town and to acquire and operate the same
without said corporate limits by purchase, gift or devise and to place on the
same, either within or without the corporate limits of the town, stadia,
swimming pools, recreation and amusement buildings, structures or en-
closures of every character and charge admission thereto, and to rent out
or lease the privileges of the same.

_ (4) To acquire by condemnation, purchase or otherwise, provide for,
maintain, operate and protect aircraft landing fields either within or with-
out the corporate limits of the town.

(5) To acquire by purchase, gift or devise in any lawful manner, for
the purpose of encouraging commerce and manufacture, lands within or
without the town, not exceeding at any time five hundred acres in the aggre-
gate, and from time to time sell or lease the same or any part thereof for in-
dustrial or commercial use and purposes, irrespective of the consideration
paid for such lease or sale.

(6) To construct, purchase, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings, armor-
ies, water, gas and electric systems, sewage disposal plants, jails, comfort
stations, markets and all buildings and structures necessary or appropriate
for the use and proper operation of various departments of the town and to
acquire by condemnation or otherwise all lands, riparian and other rights
and easements necessary for such improvements or any of them and
within the town to construct, maintain or aid therein roads and bridges
to any property owned by the said town and situated beyond the corporate
limits thereof. The right of eminent domain herein granted shall be
exercised without the town only for the purposes of acquiring, construct-
ing and maintaining a water or a sewerage disposal system.

ARTICLE VI
Utilities

§ 1. The town council shall have the following powers:

(1) To own, operate and maintain electric light and gas works, either
within or without the corporate limits of the town and to supply electricity
and gas, whether the same be generated or purchased by said town, to its
customers and consumers, both within and without the corporate limits of
the said town, at such price and upon such terms as it may prescribe, and
to that end it may contract for and purchase electricity and gas from the
owners thereof upon such terms as it may deem expedient.

(2) To own, operate and maintain water works and to acquire in any
lawful manner in any county of the State, such water, lands, property
rights and riparian rights as the council of the town may deem necessary
for the purpose of providing an adequate water supply to the town and
piping and conducting the same; to lay, erect and maintain all necessary
mains and sewer lines, either within or without the corporate limits of the
town, and to require abutting property owners within such corporate limits
of the town to connect therewith for the distribution of water to its cus-
tomers and consumers, within the corporate limits of town and to charge
and collect water rents therefor; to erect and maintain all necessary dams,
pumping stations and other works in connection therewith; to make rea-
sonable rules and regulations promoting the purity of its water supply and
for protecting the same from pollution; and for this purpose to exercise
full police powers and sanitary patrol over the land comprised within the
limits of the watershed, tributary to any such water supply wherever such
lands may be located in this State; to impose and enforce adequate penalties
for the violation of any such rules and regulations; and to prevent by in-
junction any pollution or threatened pollution of such water supply and any
and all acts likely to impair the purity thereof, and to carry out the powers
herein granted, the town may exercise within the State all powers of
eminent domain provided by the laws of this State.

(3) To establish, construct and maintain sanitary sewers, sewer lines
and systems, and to require abutting property owners to connect therewith;
to establish, construct, maintain and operate sewage disposal plants, and to
acquire by condemnation or otherwise within or without the town limits, all
land, rights of way, riparian and other rights and easements necessary for
said purposes and to charge and assess and collect reasonable fees, rentals,
assessments of costs of service for connection with and using the same.

(4) To charge and collect fees for permits to use public facilities and
for public services and privileges; and to have the right and power to charge
for any service rendered or convenience furnished to those residing with-
out the corporate limits different from the rates charged for similar ser-
vices or conveniences to those residing within the corporate limits.

(5) 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 utilization and dis-
posal of such material; to contract for or regulate the collection and disposal
thereof; and to require the collection and disposal thereof, and to acquire
land within or without the town for said purpose.

(6) To establish, impose and enforce the collection of water and sew-
age rates and rates and charges for public utilities or other services, pro-
ducts or conveniences, operated, rented, or furnished by the town and to as-
sess or cause to be assessed, after reasonable notice to the owner or owners,
water and sewage rates and charges directly against the owner or owners of
the building or against the proper tenant or tenants; and may by ordinance
require a deposit of such reasonable amount as it may prescribe before
furnishing such service either to owner or tenant.

(7) To grant franchises for public utilities in accordance with the pro-
visions of the Constitution and general laws; provided, however, the town
shall at any time have the power to construct, own, operate, manage, sell,
encumber or otherwise dispose of, either within or without the town, any
and all public utilities for the town, and to sell the services therefor, if per-
mitted by any existing franchises; provided that such public utilities are
primarily for the purpose of serving the town.

ARTICLE VII
Streets

§ 1. The town council shall have the following powers:

(1) The town shall have the power to acquire, establish, enter, open,
widen, extend, grade, improve, construct, maintain and clear public high-
ways, streets, sidewalks, bottleyards, parkways, alleys, and to alter, vacate
or close the same; to establish and maintain parks, golf courses, playgrounds
and public grounds and to keep them lighted and in good order; to construct,
maintain and operate bridges, viaducts, subways, tunnels, sewers and drains
and to regulate the use of all such highways, parks, public grounds and
works; to plant and maintain or remove shade trees along the streets, alleys, .
and highways; to regulate the operation and speed of cars and vehicles
within the streets and highways within the town, subject to provisions of
general law; and to do all other things whatsoever, adapted to make the
streets and highways safe, convenient and attractive.

(2) To give names to or alter the names of the streets and to designate
by number all lots and buildings thereon.

ARTICLE VIII
Building Regulations

§ 1. The town council shall have the following powers:

(1) To regulate the size, height, materials and construction of build-
ings, fences, walls, retaining walls and ther structures hereafter erected in
such manner as the public safety and convenience may require; to remove or
require to be removed or reconstructed any building, structure or addition
thereto which by reason of dilapidation, defect of structure or other causes
is dangerous to life or property, or which may be erected contrary to law.

(2) To provide for regular and safe construction of houses in the town
for the future and to provide a building code for the town; to provide set-
back lines on the streets beyond which no building may be constructed if
permitted by general law; to require the standard of all dwelling houses to
be maintained in residential sections in keeping with the majority of res-
idences therein and if permitted by general law, to require the standard of
all business houses to be maintained in business sections in keeping with
the majority of the business houses therein.

(8) To make and adopt a comprehensive plan for the town and to that
end all plats and replats hereafter made subdividing any land within the
town, or within one mile thereof, into streets, alleys, roads and lots or tracts,
shall be submitted to and approved by the council before such plats or
replats are filed for record or recorded in the office of the clerk of the Cir-
cuit Court of Lancaster County, Virginia; provided that control of sub-
division of land without the town shall be subject to general law.
_ (4) To issue or refuse (in case of noncompliance with the building re-
quirements of the town) to issue, permits for the construction of buildings,
fences, walls and other structures in the said town; and provide for the
punishment of any person, firm or corporation failing to secure such permit
prior to the beginning of said construction or other work.

ARTICLE IX
Additional Powers

§ 1. In addition to the powers elsewhere mentioned in this charter
the town shall have the following powers:

(1) To compel the abatement and removal of all nuisances within the
town or upon property owned by the town without its limits at the expense
of the person or persons causing the same or of the owner or occupant of
the ground or premises wherein the same may be, and to collect said
expense by suit or motion or by distress and sale; to require all lands,
lots and other premises within the town to be kept clean and sanitary and
free from stagnant water, weeds, filth and unsightly deposits, or to make
them so at the expense of the owners or occupants thereof and to collect
said expense by suit or motion or by distress and sale; to regulate or pre-
vent noisome or offensive business within the said town, or the exercise of
any dangerous or unwholesome business, trade or employment therein;
to regulate the transportation of all articles through the streets of the
town; to compel the abatement of smoke and dust and prevent unneces-
sary noise; to regulate the location of stables and the manner in which
the same shall be constructed and kept; to regulate the location, construc-
tion, operation and maintenance of billboards and signs; and generally
to define, prohibit, abate, suppress and prevent all things detrimental to
health, morals, safety, convenience and welfare of the inhabitants of the
town and to require all owners or occupants of property having public
sidewalks adjacent thereto to keep the same clean and sanitary, free from
weeds, filth, unsightly deposits, ice and snow and any obstruction.

(2) To extinguish and prevent fires and to establish, regulate and
control a municipal fire department or division; to establish and designate
from time to time fire limits, within which limits wooden buildings shall
not be constructed, added to or enlarged and to direct that any or all
future buildings within such limits shall be constructed of stone, natural
or artificial, concrete, brick, iron or other fireproof materials; to enact
laws for securing the safety of persons from fire in halls and buildings
used for public assemblages, entertainments or amusements.

(3) To direct the location and construction of all buildings for
storing explosives or combustible substances; to regulate the sale and use
of gunpowder, nitroglycerin, fireworks, kerosene, gasoline and other like
material; to regulate or prevent the exhibition of fireworks, the discharge
of firearms and the making of bonfires within the corporate limits of the
said town.

(4) To provide for the preservation of the general health of the in-
habitants of said town, make regulations to secure the same, inspect all
foodstuffs and prevent the introduction and sale in the town of any article
or thing intended for human consumption which is adulterated, impure or
otherwise dangerous to health and to condemn, seize and destroy or other-
wise dispose of such article or thing without liability to the owner
thereof; to prevent the introduction or spread of contagious or infectious
diseases and prevent and suppress disease generally; to provide and regu-
late hospitals within the town limits, and if necessary to the suppression
of disease to enforce the removal of persons affected with contagious or
infectious diseases to hospitals provided for them; to provide for the
organization of a department or bureau of health, to have the powers of a
board of health for the town with authority necessary for the prompt and
efficient performance of its duties, with the power to invest any or all
of the officials or employees of such department of health with such powers
as the police officers of the town have, to establish quarantine ground with-
in the town, and establish and enforce such quarantine regulations against
contagious and infectious diseases as the council may see fit, subject to the
laws of the State and the United States. .

(5) To provide for the care, support and maintenance of children and
of sick, aged, insane or poor persons and paupers. .

(6) To provide and maintain either within or without the town
charitable, recreative, curative, corrective, detentive or penal institutions.

(7) To regulate poultry or other fowl, hogs, dogs or other animals
being kept in or running at large in the town, or any thickly populated por-
tion thereof, and to subject the same to such taxes, regulations and penalties
as the council may think proper.

(8) To prevent the riding or driving of horses or other animals at an
improper speed, to prevent the flying of kites, throwing of stones, the
setting off of fireworks or engaging in any sort of employment in the public
streets which is dangerous or annoying to passersby, and to prohibit and
punish the abuse of animals.

(9) To establish markets in the town and regulate the same and to
enforce such regulations in regard to the keeping and sale of fresh meats,
vegetables, eggs and other green groceries and the trade of hucksters and
junk dealers as may be deemed advisable.

§ 2. The town shall have the following further powers:

(1) To prevent any person having no visible means of support, paupers
and persons who may be dangerous to the peace and safety of the town from
coming to town from without the same; and to expel therefrom any such
person who has been in the town less than twelve months.

(2) To exercise full police powers and establish and maintain a depart-
ment of police.

(3) To restrain and punish drunkards, vagrants and street beggars;
to prevent and quell riots, disturbances and disorderly assemblages; to
suppress houses of ill fame and gambling houses and punish operators and
inmates of the same; to prohibit and punish the carrying of concealed
weapons within the town; to prevent and punish lewd, indecent and dis-
orderly exhibitions in the town; to prohibit and punish gambling and bet-
ting, disturbances of the peace, disorderly conduct and public swearing and
cursing within the town.

(4) To prohibit persons under 18 years of age from and punish them
for frequenting, playing or loitering in public poolrooms, billiard parlors,
or bowling alleys, and to punish any proprietor or agent thereof for per-
mitting same.

(5) To prohibit and punish mischievous, wanton or malicious damage
to school, church and public property, as well as to private property.

(6) To compel persons sentenced to confinement in jail for any viola-
tion of the laws or ordinances of the town to work on the public streets,
parks or other public works of the town; and on the requisition of the
mayor, it shall be the duty of the sergeant of the town to deliver such per-
son to the duly authorized agent of the town for such purposes from day to
day as he may be required. For the purpose of carrying into effect the
police regulations of the town, the town shall have the use of the county jail
of Lancaster County for the safekeeping and confinement of all persons who
shall be sentenced to imprisonment under the ordinances of the town.

(7) To enjoin and restrain the violation of any town ordinance or
ordinances, although a penalty is provided upon the conviction of such
violation.
(8) To pass and enforce all by-laws, rules, regulations and ordinances
which it may deem necessary for the good order and government of the
town, the management of its property, the conduct of its affairs, the peace
and comfort, convenience, order, morals, health, and protection of the
citizens and their property and to do such other things and pass such other
laws as may be necessary or proper to carry into full effect all powers,
authority, capacity or jurisdiction which is or shall be granted to or vested
in the town, or in the council, court or officers thereof, or which may be
necessarily incident to a municipal corporation.

(9) To do all things whatsoever necessary or expedient and lawful to
be done for promoting or maintaining the general welfare, comfort, edu-
cation, morals, government, peace, health, trade, commerce, or industries of
the town or its inhabitants.

(10) To offer and pay rewards for the apprehension of criminals.

(11) To provide by ordinance a system of meat and milk inspection
and appoint milk and meat inspectors, agents or officers to carry the same
into effect; to prevent, license, regulate, contro] and locate slaughterhouses
within the corporate limits of the town, and for such service of inspection
to make reasonable charges; and to provide reasonable penalties for the
violation of such ordinances.

§ 3. The town shall have the further power:

(1) To establish, organize, administer or contribute to the support of
public schools and libraries, subject to the general laws establishing a stand-
ard of education for the State.

(2) To inspect, test, measure and weigh any commodity or com-
modities or articles of consumption for use within the town, and to establish,
regulate, license and inspect weights, meters, measures and scales.

(8) To make and enforce ordinances, insofar as are not prohibited
by the general laws of this State, to regulate, control, license and/or tax
the manufacture, bottling, sale, distribution, transportation, handling, ad-
vertising, possession, dispensing, drinking and the use of alcoholic
beverages.

(4) To require every owner or operator of motor vehicles residing 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 ap-
plication to the treasurer of the town or such other person as may be desig-
nated by the council; to issue such license and to require the owner to pay
the annual license fees therefor to be fixed by the council, provided that the
license fees shall not exceed the amount charged by the State on such ve-
hicles. Such license plate shall be attached on a conspicuous part of the
motor vehicle for which issued and kept thereon in plain view for common
observation. The council may prorate such license fee over periods of not
less than three months.

(5) Insofar as not prohibited by general law, to control, regulate,
limit and restrict the operation of motor vehicles carrying passengers
for hire upon the streets or alleys of the town; to regulate the use of
automobiles and other automotive vehicles, upon the streets, to regulate
the routes in and through the town to be used by motor vehicle carriers
operating in and through the town and to prescribe different routes for
different carriers; to prohibit the use of certain streets by motor trucks;
and generally to prescribe such regulations respecting motor traffic therein
as may be necessary for the general welfare and safety.

(6) To make and enforce ordinances, not inconsistent with the laws
of this State.

(7) To put in force and effect by ordinance any and all of its powers
and to prescribe punishment for the violation of any town ordinance, rule,
or regulation, or any provision of this charter, the penalty not to exceed
five hundred dollars fine or twelve months in jail or both, provided such
penalties do not exceed those prescribed by the State for a similar offense.

(8) The town council may exercise all powers which, under the Con-
stitution and laws of the Commonwealth, it would be competent for this
charter specifically to enumerate.

ARTICLE X
Actions Against the Town

§ 1. No actions shall be maintained against the town for damages
for any injury to any person or property, or for wrongful death, alleged
to have been sustained by reason of the negligence of the town or any
officer, agent or employee thereof unless a written statement of the
claimant, his agent or attorney, or the personal representative of any
decedent whose death is a result of the alleged negligence of the town, its
officers, agents or employees, of the nature of the claim and the time and
place at which the injury is alleged to have occurred or to have been re-
ceived shall have been filed with the mayor or any attorney appointed by
the council for the purpose within sixty days after such cause of action
shall have occurred, except where the claimant is an infant or non compos
mentis or the injured party dies within such sixty days, such statement
may be filed within one hundred and twenty days, and no officers, agents,
or employees of the town shall have authority to waive such conditions
precedent or any of them.

ARTICLE XI
Miscellaneous

§ 1. Nothing contained in this act shall be construed to invalidate
or to, in any manner, affect the present existing indebtedness and liabili-
ties of the town of Irvington, whether evidenced by bonded obligations
or otherwise.

§ 2. All ordinances in force in the town of Irvington not inconsistent
with this charter shall be and remain in force until altered, amended or
repealed by the council.

§ 3. This act may for all purposes be referred to or cited as the
Town of Irvington Charter of 1958.

§ 4. If any clause, sentence, paragraph, or part of this act shall for
any reason be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder of the
act, but shall be confined in its operation to the part of the act directly
bie in the controversy in which the judgment shall have been rend-
ered.

2. All former charters of the town of Irvington shall hereafter be
void and of no effect.

8. An emergency exists and this act is in force from its passage.