CHAPTER 470

An Act to amend Chapter 412 of the Acts of Assembly of 1887-1888,
approved March 5, 1888, as amended, which provided a charter for
the town of Gate City, formerly Estillville, in Scott County, by adding
a section numbered 2.2, providing certain powers.
[H 365]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That Chapter 412, Acts of Assembly of 1887-1888, approved March 5,
1888, as amended, be amended by adding a section numbered 2.2, as
follows:

§ 2.2. Powers of the Town of Gate City.—In addition to the powers
elsewhere mentioned in this charter and the powers conferred by the
general law and the Constitution, the said town of Gate City shall have
the following powers:

(1) To raise annually, by the levy of taxes and assessments in the
said town, on all such property, real and personal, as is now or may be
subject to taxation by towns by the general laws of this Commonwealth,
such sums of money as the council thereof shall deem necessary for the
purpose of the said town, in such manner as the said council shall deem
expedient in accordance with the Constitution of this State and of the
United States, provided that the tax rate shall not exceed two dollars
on the one hundred dollars assessed value of any such property; provided,
however, that it shall impose no taxes on the bonds of the said town.

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

(3) To impose a tax not exceeding one dollar per annum upon all
persons residing in said town above the age of twenty-one, not exempt
from the payment of State capitation tax.

(4) To contract debts, borrow money and make and issue evidences
of indebtedness.

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

(6) To acquire by purchase, gift, devise, condemnation or otherwise,
property, real or personal, or any estate therein within or without the
town, for any of the purposes of the town; and to hold, improve, sell,
lease, mortgage, pledge or otherwise dispose of the same or any part
thereof, including any property now owned by the town.

((7) To establish markets in the town and regulate the same, and to
enforce such regulations in regards to the keeping and sales of fresh meat,
vegetables, eggs and other green groceries and the trade of hucksters and
junk dealers as may be deemed advisable; and to make and enforce such
regulations as shall be necessary to prevent huckstering, forestalling or
regrating.

(8) 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 said town may deem
necessary for the purpose of providing an adequate water supply to the
said town and piping and conducting the same; to lay, erect and maintain
all necessary mains and service lines, either within or without the cor-
porate limits of the said town, for the distribution of water to its cus-
tomers and consumers, both within and without the corporate limits of
the said 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 reasonable rules and regulations for pro-
moting the purity of its said water supply and for protecting the same
from pollution; and for this purpose to exercise full police powers and
sanitary patrol over all land comprised within the limits of the water
shed, tributary to any such water supply wherever such land 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 injunction
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 said town may exercise within the State all
powers of eminent domain provided by the laws of this State.

(9) To acquire by gift, purchase, exchange or by the exercise of the
power of eminent domain within this State lands, or any interest or estate
in lands, rock quarries, gravel pits, sand pits, water and water rights and
the necessary roadways thereto, either within or without the town, and
acquire and install machinery and equipment, and build the necessary
roads or tramways thereto; and operate the same for the purpose of pro-
ducing materials required for any and all purposes of the town; and to
acquire, by purchase, exchange or by the exercise of the power of eminent
domain within this State, lands, machinery and equipment, and build and
operate a plant or plants for the preparation and fixing of materials for
any and all purposes of the said town.

(10) 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 the utilization or
destruction of such materials, or any of them; to contract or regulate the
collection and disposal thereof and to require and regulate the collection
and disposal thereof.

(11) 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.

(12) 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 town or
within one mile thereof.

(13) To require every owner of motor vehicles residing in the said
town, on a date to be designated by the council, to annually register such
motor vehicles and to obtain a license to operate the same by making
application to the treasurer of the said town, or such other person as may
be designated by the council of the said town, to issue said license, and to
require the said owner to pay an annual license fee therefor to be fixed
by the council; provided that the said license fee shall not exceed the
amount charged by the State on the said machine.

(14) To construct, maintain, regulate and operate public improve-
ments of all kinds, including municipal and other buildings, markets, and
all buildings and structures necessary or appropriate for the use and
proper operation of the 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.

(15) To establish, enter, open, widen, extend, grade, improve, con-
struct, maintain and clean public highways, streets, sidewalks, boulevards,
parkways, and alleys, and to alter, vacate, or close the same; to establish
and maintain parks, playgrounds, and public grounds; 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 and upon such public grounds; to
prevent the obstruction of such streets, alleys, and highways, abolish and
prevent grade crossings over the same by railroads in the manner pre-
scribed by the general law for the elimination of grade crossings; to
require any railroad company operating a railroad at a place where any
highway or street is crossed within the town limits to erect and maintain
at such crossing any style of gate deemed proper and keep a man in
charge thereof, or keep a flagman at such crossing during such hours
as the council may require in accordance with the general law of the State,
and to regulate the length of time such crossing may be closed due to any
operations of the railroads; to regulate, to the extent permitted by general
law, the operation and speed of cars, and vehicles upon said streets and
highways, as well as the speed of all engines, cars, and trains on railroads
within the town; and to do all other things whatsoever adapted to make
said streets and highways safe, convenient and attractive.

(16) To construct in such parks, playgrounds, and public grounds,
as it may maintain, or upon any town property, stadiums, swimming
pools, and recreation or amusement buildings, structures, or inclosures
of every character, refreshment stands, restaurants, et cetera; to charge
for admission, and use of the same, and rent out or lease the privileges of
construction or using such stadiums, swimming pools, recreation or amuse-
ment buildings, structures, or inclosures of every character, refreshment
stands, or restaurants, et cetera.

(17) To establish, impose, and enforce the collection of water and
sewage rates, and rates and charges for public utilities, or other services,
products, or conveniences, operated, rented or furnished by the town, and
to assess, 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 buildings or against the proper tenant or tenants; and
in event such rates and charges shall be assessed against a tenant or
owner or owners then the council may by ordinance, require of such
tenant or owner or owners a deposit of such reasonable amount as it may
by such ordinance prescribe before furnishing such service to such tenant,
or owner or owners.

(18) To establish, construct, and maintain sanitary sewers, sewer
lines and systems. After a public hearing the council may adopt an ordi-
nance to require the abutting property owners to connect therewith and
use same to the exclusion of any other means of disposing of sewage,
waste or other polluted matter, and to establish, construct, maintain and
operate sewage disposal plants, and to acquire by condemnation or other-
wise, within or without the town, all lands, rights of ways, riparian and
other rights, and easements necessary for the purposes aforesaid, and to
charge, assess, and collect reasonable fees, rentals, assessments or cost of
service for connecting with and using the same.

(18) (a). To combine the fees and charges for water and sewerage
service into one statement; to require payment of both charges as a unit
and to enforce the payment of such charges by disconnecting either or
both such services until payment has been made.

(19) Subject to the provisions of the Constitution and general laws
of Virginia and this charter to grant franchises for public utilities.

(20) To charge and to collect fees for permits to use public facilities
and for public services and privileges. The said town shall have the power
and right to charge a different rate for any service rendered or convenience
furnished to citizens without the corporate limits from the rates charged
for similar service to citizens within the corporate limits.

(21) To compel the abatement and removal of all nuisances within
the town or upon property owned by the town beyond its limits at the
expense of the person or persons causing the same, or of the owner or
occupant of the ground or premises whereon 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 prevent slaughter houses or other 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 unnecessary noise; to regulate the location
of stables and the manner in which they shall be kept and constructed;
to regulate the location, construction, operation, and maintenance of bill-
boards and generally to define, prohibit, abate, suppress and prevent all
things detrimental to the health, morals, aesthetic, well being, safety, con-
venience and welfare of the inhabitants of the town; and to require all
owners or occupants of property having sidewalks in front thereof to
keep the same clean and sanitary, and free from all weeds, filth, unsightly
deposits, ice and snow.

(22) To prevent or extinguish fires, and to establish, regulate, and
control a fire department or division; to regulate the size, heights, ma-
terials and construction of buildings, fences, walls, retaining walls or
other structures hereafter erected, in such manner as the public safety
or conveniences 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, may have become
dangerous to life or property, or which may be erected contrary to law;
to establish or designate from time to time fire limits, within which limits
wooden buildings shall not be constructed, removed to, added to, enlarged,
or repaired and to direct that any and all future buildings within such
limits shall be constructed of stone, natural or artificial, concrete, brick,
iron or other fireproof material; and may enact stringent and efficient laws
for securing the safety of persons from fires in halls and buildings used
for public assemblies, entertainments or amusements.

(23) To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gunpowder,
nitroglycerin, fireworks, gasoline, kerosene oil or other like materials, to
the extent not prohibited by general law of the State; to regulate the
exhibition of fireworks, the discharge of firearms, and the making of
bonfires in the streets and yards.

(24) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect all
foodstuffs and prevent the introduction and sale in said town of any
articles or thing intended for human consumption, which is adulterated,
impure or otherwise dangerous to health, and to condemn, seize and
destroy or otherwise dispose of any 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 regulate hospitals within or without the town limits, and
if necessary to the suppression of disease, to enforce the removal of
persons afflicted with contagious or infectious diseases to hospitals pro-
vided for them; to provide for the organization of a department or bureau
of health, to have the powers of a board of health for said town, with
the 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 public officers of the
town have, to establish quarantine ground within or without the town
and establish such quarantine regulations against infectious and contagious
diseases as the council may see fit, subject to the laws of the State and
of the United States.
(25) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers.

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

(27) To the extent permitted by general law of the State: To con-
trol, 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 said 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.

(28) To acquire in any lawful manner, for the purpose of en-
couraging commerce and manufacture, lands within or without the town
not exceeding at any one time five hundred acres in the aggregate, and
from time to time to sell or lease the same or any part thereof for industrial
or commercial uses and purposes.

(29) To provide in or near the town, lands to be used as burial places
for the dead; to improve and care for the same and the approaches thereto,
and to charge for and regulate the use of the ground therein, and to co-
operate with any nonprofit corporation in the improvements and care of
burial places and approaches thereto; and to provide for the perpetual
upkeep and care of any plot or burial lot therein, the town is authorized
to take and receive sums of money by gift, bequest, or otherwise to be
kept invested, and the income thereof used in and about the perpetual up-
keep and care of the said lot or plot, for which the said donation, gift, or
bequest shall have been made.

(30) To prevent any person having no visible means of support, pau-
pers, and persons who may be dangerous to the peace and safety to the
town, from coming to said town from without the same; and also to expel
nin ilies any such person who has been in said town less than twelve
months.

(31) To exercise full police powers and establish and maintain a de-
partment or division of police.

(32) To restrain and punish drunkards, vagrants and street beggars,
to prevent and quell riots, disturbances and disorderly assemblages ; to sup-
press houses of ill fame and gambling houses; to prevent and punish lewd,
indecent and disorderly exhibitions in said town; and to expel therefrom
persons guilty of such conduct who have not resided therein as much as
one year.

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

(84) To prohibit and punish mischievous, wanton, or malicious dam-
age to school and public property, as well as private property.

(85) To prohibit and punish minors from frequenting, playing in or
loitering in any public poolroom, billiard parlor, or bowling alley, and to
punish any proprietor or agent thereof for permitting same.

(36) To compel persons sentenced to confinement in the jail of the
town for any misdemeanor or other violation of the laws or ordinances of
the said town to work on the public streets, parks or other public works of
the town; and on the requisition of the mayor, or other person acting as
judge of the municipal court, it shall be the duty of the sergeant of the
town to deliver such person 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 said town, the town shall be
allowed to use the county jail of Scott County, for the safe keeping and con-
finement of all persons who shall be sentenced to imprisonment under the
ordinances of said town. a.

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

(88) To give names to or alter the names of the streets.

(39) To enjoin and restrain the violation of any town ordinance or
ordinances, although a penalty is provided upon conviction of such viola-
tion.

(40) To pass and enforce all by-laws, rules, regulations and ordi-
nances 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, comfort, convenience, order, morals, health and protection of its
citizens of 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 said town, or in the council, court, or officers thereof, or which may be
necessarily incident to a municipal corporation.

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

(42) To prescribe any penalty for the violation of any town ordi-
nance, rule, or regulation or of any provision of this charter, not exceeding
five hundred dollars or twelve months’ imprisonment in jail, or both.

(43) To make and adopt a comprehensive plan for the town, and to
that end all plats and re-plats 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 re-plats are filed for record or recorded in the office of the clerk
of Scott County, Virginia.

(44) 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 without and within the corpor-
ate limits of the said town, at such price and upon such terms as it may
prescribe, and to that end it may contract and purchase electricity and gas
from the owners thereof upon such terms as it may deem expedient.

(45) To provide by ordinance for a system of meat and milk inspec-
tion, and appoint milk and meat inspectors, agents, or officers to carry the
same into effect, license, regulate, control and locate slaughter houses
within or without the corporate limits of the town, and for such services
of inspection to make reasonable charge therefor; and to provide such
reasonable penalties for the violation of such ordinances.

(46) To regulate, permit or prohibit poles and wires for electric,
telephone and telegraph purposes to be erected and gas pipes to be laid in
the streets and alleys, and to prescribe and collect annual charge for such
privileges, heretofore or hereafter granted; to require the owner or lessee
of an electric light, telephone or telegraph pole, or poles, or wires, now in
use or hereafter erected, to change the location or move the same; to re-
quire all telephone and telegraph wires and all wires and cables carrying
electricity, now in use or hereafter used, to be placed in conduits under-
ground and prescribe rules and regulations for the construction and use of
such conduits.

(47) To negotiate and contract with any person, firm, corporation,
municipality, or sanitary district with regard to the connections of any
water system or sewage system owned and operated by the town with any
other system or systems now in operation or hereafter to be established,
within or without the corporate limits and with regard to any other matter
necessary and proper for the construction or operation and maintenance of
any such systems within or without the said town.

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