CHAPTER 209

An Act to amend Chapter 184, as amended, of the Acts of Assembly of
1988, approved March 18, 1988, which provided a charter for the
town of Manassas in the county of Prince William, by adding a sec-
tion numbered 8a, relating to a police court and police justice; and
to amend and reenact § 18 of such chapter, relating to the powers
of the town council. [H 59]

Approved March 81, 1966

Be it enacted by the General Assembly of Virginia:

1. That Chapter 184, as amended, of the Acts of Assembly of 1938, ap-
proved March 18, 1938, be amended by adding a section numbered 8a, and
that § 18 of such chapter be amended and reenacted, as follows:

_§ 8a. The council shall have power to elect a legally qualified person
fratned tn the law, who is a resident of the town of Manassas, to be
known as the police justice of the town of Manassas, who shall have the
power to issue process, hear and determine prosecutions and controversies
which may arise under the ordinances of the town, impose fines and in-
flict punishment when and wherever they are authorized by the said
ordinances; and to issue executions for the collections of fines. Appeals
may be taken from the decision of the police justice to the circuit court
of Prince William County.

Such police justice shall qualify in the same manner as the mayor.
The term of office shall be four years beginning January one, nineteen
hundred sixty-six. Such police justice shall be paid a salary by the town
to be fixed by the council. The police justice may be removed from office
for cause by the council.

The police justice shall have original jurisdiction in criminal matters
wing the violation of any ordinance of the town of Manassas, which

se
violation occurs within the corporate limits of the said town and within
an area of one mile from the corporate limits of said town.

In instances where a warrant is issued charging the violation of a
town ordinance and it develops prior to trial or at any time prior to the
wmposition of sentence that the alleged offense involved is a felony, then
the police justice may certify said case to the judge of the county court
of Prince William County, Virginia, to there be dealt with as provided
by law, and it may be there dealt with on the original warrant the same
as though said warrant had charged the violation of a State law and had
been issued by a person authorized to issue State warrants provided such
warrant is amended to charge that the offense was committed agatnst the
peace and dignity of the Commonwealth. ;

_ The police justice shall have power to issue warrants for the viola-
tions of town ordinances; to issue subpoenas for witnesses, take recog-
pppoe and bail bonds, and in the performance of such duties to adminis-
er oaths.

Nothing herein contained shall impair the authority of the mayor
to exercise the same powers as the police justice in any case in which
the mayor shall act.

§ 18. The council of the town shall have, subject to the provision
of this act, the control and management of the fiscal and municipal affairs
of the town and of all property, real and personal, belonging to said town
and may make such ordinances and bylaws relating to the same as they
shall deem proper. The council shall in addition to other powers given
by law, have power to make such ordinances, orders, bylaws and regula-
tions as they may deem proper and necessary to carry out the following
powers, which are hereby vested in them: ;

First. To establish a public market in and for said town, provide
for the appointment of proper officers therefor, prescribe the time and
places for holding the market, provide suitable grounds and buildings
therefor, and enforce such regulations as shall be necessary and proper
to prevent huckstering, forestalling, or regrating.

Second. To construct, maintain, regulate and operate public im-
provements of all kinds, including municipal and other buildings, armories,
jails and all buildings and structures necessary or appropriate for the use
and proper operation of the various departments of the town and the
performance of its duties and functions.

Third. To establish, maintain and operate electric generating equip-
ment and distribution system within and without the town;. to purchase
electric energy for the use of the town and for distribution and resale, in-
cluding resale of its surplus electricity without the town; to acquire land
or rights of way by gift, purchase or condemnation for the location, ex-
tension or enlargement of an electric generating and/or distribution
system; to acquire by gift, purchase or condemnation riparian rights for
hydroelectric generation and to protect by ordinance, prescribing ade-
quate penalties, the said electric generating equipment and/or distribu-
tion system and their appurtenances whether within or without the limits
of the town.

Fourth. To establish, maintain, and operate waterworks and sewer
systems within and without the town; to purchase water therefor; to con-
tract and agree with the owners of any land, springs or water supplies
for the use of or purchase thereof, or have same condemned according
to law, for the location, extension, or enlargement of the said waterworks,
or sewer system, either or both, the pipes connected therewith, and the
fixtures or appurtenances thereof; and to protect from injury by or-
dinance, prescribing adequate penalties, the said waterworks, water sup-
ply, sewer systems, pipes, fixtures, and land, or anything connected there-
with, whether within or without the limits of the town.
CH. 209] ACTS OF ASSEMBLY 375

Fifth. To open, extend, widen or narrow, close, layout, graduate,
curb, and pave, and otherwise improve streets, sidewalks, and public
alleys in said town, and have them kept in good order and properly
lighted; in order to properly light the streets of said town, the council
may erect and operate such number of lamps and fixtures thereto belong-
Ing as they may deem necessary; they may build bridges in and culverts
under said streets, and may prevent or remove any structure, obstruc-
tion, or encroachment over, or under, or in any street, sidewalk, or alley
in said town, and may permit shade trees to be planted along said streets;
but no person shall occupy with his works, or any appurtenances thereof,
the streets, sidewalks, or alleys of the town, without the consent of the
council, duly entered upon its record; provided that so long as the said
town shall, at its own expense, maintain and keep its streets in good order
and repair, it shall be exempt from all labor and tax for county road
purposes.

Sixth. To prevent the cumbering of streets, sidewalks, alleys, lanes,
or bridges in the town in any manner whatever. |

Seventh. To determine and designate the route and grade of any
public utility laid out in said town. _

Eighth. To establish, maintain and operate a landing field or air-
port located within or without the town, and for such purposes to have
the right to acquire real estate by gift, lease, purchase or condemnation ;
to lease such landing field or airport to others to be used for any lawful
purpose; to erect and maintain buildings and appurtenances necessary
for the use of such landing field or airport and to prescribe and enforce
rules and regulations, not in conflict with laws, rules and regulations
prescribed by the State of Virginia and the Federal Government, for the
use and protection of such landing field or airport.

Ninth. To make provisions for and regulate weights, measures and
standards.

Tenth. To secure the inhabitants from contagious, infectious, or
other dangerous diseases; to establish, erect, and regulate hospitals; to
provide for and enforce the removal of patients to said hospitals; to. ap-
point and organize a board of health for said town, with the necessary
authority for the prompt and efficient performance of its duties. -

Eleventh. To require and compel the abatement and removal of
all nuisances within the said town, at the expense of the person or persons,
causing the same, or the owner or owners of the ground whereon the
same shall be; to regulate or prevent soap factories, and candle factories
within the town, and the exercise of any dangerous, offensive or unhealthy
business, trade or employment therein; and to regulate the transporta-
tion of coal, explosives, garbage and other articles through the streets
of the town, and to restrain and regulate the speed of locomotive engines
and cars upon the railroads within the town. :

Twelfth. If any ground in said town shall be subject to be covered
with stagnant water, or if the owner or owners, occupier or occupiers
thereof shall permit any offensive or unwholesome substance to remain
or accumulate thereon, the council may cause such grounds to be filled,
raised, or drained, or may cause such substance to be covered or to be
removed therefrom, and may collect the expense of so doing from the
owner, or owners, occupier or occupiers, or any of them (except in cases
where such nuisance is caused by the action of the town authorities or
their agents, or by natural causes beyond the control of the owner or
occupant, in which case the town shall pay the expense of abating the
game), by distress and sale in the same manner in which taxes levied
upon real estate for the benefit of said town are authorized to be col-
lected; provided, that reasonable notice and an opportunity to be heard
shall be first given to said owners or their agents. In case of nonresident
owners who have no agent in said town, such notice shall be given by
publication at least once a week for not less than two consecutive weeks
In any newspaper having general circulation in the said town.

Thirteenth. To establish fire zones and regulate the character of
buildings which may be erected or restored within same; to insure the
safety of building construction within the town through the adoption
and enforcement of a building code; to protect health and safety of per-
sons within the town through the adoption and enforcement of plumb-
ing, gas fitting, steam fitting and electrical codes; to regulate and direct
the storage of explosives and combustible substances and liquids; to pro-
hibit the discharge of fire works and fire arms within the town, the build-
ing of bonfires within the town and the use of candles or lights in barns,
stables, warehouses, etc.

Fourteenth. To prevent hogs, cows, horses, dogs and other animals
from running at large in the said town, and to subject the same to such
confiscation, regulations, and taxes as they may deem proper, and to
prevent the keeping of hogs within the limits of the town.

_ Fifteenth. To regulate the riding and driving of horses and other
animals and the operation of motor and other vehicles, but not in con-
flict with State law; to prevent the throwing of stones or engaging in
any employment or sport on the streets, sidewalks or public alleys, danger-
ous or annoying to persons; and to prohibit and punish the abuse or cruel
treatment of horses and other animals in said town.

Sixteenth. To restrain and punish drunkards, vagrants, and street
beggars; to prevent vice and immorality; to preserve the public peace
and good order; to prevent and quell riots; disturbances and disorderly
assemblages; to suppress houses of ill fame and gambling houses, and to
prevent and punish lewd, indecent and disorderly conduct or exhibitions
in said town.

Seventeenth. To establish, impose and enforce water, gas, elec-
tricity and sewerage rates and rates for charges for public utilities or
other service, products or conveniences, operated, rendered or furnished
by the town; and to assess, or cause to be assessed, water, gas, electricity
and sewerage rates and charges against the proper tenant or tenants
or such persons, firms or corporations as may be legally liable therefor;
and the council may by ordinance require a deposit of such reasonable
amount as it may by such ordinance prescribe, before furnishing any
of said services to any person, firm or corporation.

Such fees, rents, charges and interest due thereon shall constitute
a len, which shall rank on a parity with liens for unpaid town or county
taxes, against the property, which lien may be indexed and filed among
the judgment records of the circuit court of Prince William County, the
cost of such filing to be included in the total amount of such lien. Such
fees, rents, charges and interest due thereon may also be recovered by
the town by an action at law or a suit in equity; provided, however, this
paragraph shall not become operative unless and until the provisions of
this paragraph have been duly adopted by an ordinance enacted pursuant
to the town charter.

Eighteenth. Subject to the provisions of the Constitution of Vir-
ginia and of this charter, to grant franchises for public utilities under
terms and conditions to be fixed by the council.

Nineteenth. To divert the channels of creeks and flowing streams
and for that purpose to acquire property by condemnation.

Twentieth. Subject to the provisions of the Constitution of Vir-
ginia and of this charter, to contract debts, borrow money and make and
issue bonds and other evidence of indebtedness.

Twenty-first. To exercise the power of eminent domain within this
State with respect to lands and improvements thereon, machinery and
equipment for any lawful purpose of the said town.

The town shall also have, mutatis mutandis, the rights, privileges and
obligations set forth in §§ 38-70.1 through 88-70.11 of the Code of Virginia,
as amended, applicable to the Virginia State Highway Commissioner and
Department, with respect to all lawful purposes for which the town is
permitted to exercise the power of eminent domain, as made and provided
m §§ 15.1-897, 15.1-898, 15.1-899 and 15.1-900 of Chapter 18 of Title 15.1
of the Code of Virginia, as in force on January one, nineteen hundred

-Siz.

Twenty-second. To provide by ordinance for a system of meat and
milk inspection and to appoint meat and milk inspectors, agents or officers
to carry the same into effect, within or without the corporate limits of the
town; to 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 charges therefor; and to provide reasonable penalties
for the violation of such ordinances.

Twenty-third. To do all things whatsoever necessary or expedient,
and to pass all ordinances, resolutions and bylaws for promoting or
Maintaining the security, general welfare, comfort, education, morals,
peace, government, health, trade, commerce and industries of the town,
or its inhabitants, not in conflict with the Constitution and general laws
of the State, or the Constitution of the United States.

Twenty-fourth. The council shall have full control and regulation
over the public utilities now owned or that may hereafter be acquired by
the said town, and to this end it shall have full authority to employ from
time to time such employees as it deems necessary to properly maintain,
conduct and operate the same; and it shall have full authority to incur
indebtedness, unless otherwise prohibited by law whenever the said council
may deem it necessary for the proper conduct, management and mainte-
nance of the public utilities now owned by the said town, or such as may

r be acquired by it.

Twenty-fifth. The said council shall likewise have authority, by
ordinance duly enacted, to compel all owners of real estate within the cor-
porate limits of said town to connect with such sewerage pipes or con-
nections as may hereafter be installed or constructed by the said town,
whenever public health may render necessary such connection, upon such
reasonable terms as may be prescribed by said council, together with all
other authority necessary to a proper maintenance and operation of an
effective sewerage system.

Twenty-sixth. The said council shall have no authority to sell its
public utilities, without first submitting the question of such sale at a
special election to be called for that purpose only, to the qualified voters
of the town of Manassas, which election shall be conducted as now provided
by general law governing special elections. The circuit court of Prince
William County, or the judge thereof in vacation, shall order such special
election upon the petition of twenty-five per cent of the qualified voters of
the town of Manassas or upon a resolution passed by a majority of the
council of said town. For a period of not less than four weeks prior to
said special election, the substantial terms of any proposed sale shall be
published over the signature of the clerk of the said town, once a week for
four successive weeks in some newspaper published within the county of
Prince William. The qualifications of voters in said special election shall
be determined by existing statutes governing other special elections.

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