CHAPTER 189

An Act to repeal §§ 22, 26, 27 and 48, in Chapter 5 of Chapter 398, Acts
of Assembly of 1932, approved March 29, 1932, as amended, which
provided a charter for the city of Williamsburg; to amend such chap-
ter by amending §§ 23 and 25, in Chapter 5, and §8§ 49 and 50, m
Chapter 6, and § 62 in Chapter 8, and to further amend Chap. 398
by adding in Chapter 5, sections numbered 22.1 and 22.2; the re-
pealed, amended and added sections relating to, respectively, the
council’s power of control and management of fiscal and municipal
affairs; prohibition against city’s taking private property without
compensation in certain instances; the counctl’s power over encroach-
ments on city property and power to levy taxes; the power of the
city council to acquire land for burial of the dead, to prescribe fines
and penalties for violation of ordinances; and to organize a fire de-
partment and enact fire zoning ordinances; to enact zoning ordinances
generally and to adopt certain provisions relating thereto of Title
15.1 of the Code of Virginia; and the enumeration of the powers of
city council.

(H 1)

Approved March 13, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 22, 26, 27 and 43, in Chapter 5 of Chapter 398, Acts of
Assembly of 1932, approved March 29, 1932, as amended, are repealed.
2. That Chapter 393 of the Acts of Assembly of 1932, approved March
29, 1932, be amended by adding thereto §§ 22.1 and 22.2, in Chapter 5,
and to further amend such chapter by amending §§ 23 and 26 in Chapter

5, §§ 49 and 50 in Chapter 6, and § 62 in Chapter 8, the new and amended
sections, as follows:

§ 22.1. Adoption of certain provisions of Code of Virginia.—The
powers set forth in §§ 15.1-837 through 15.1-915, both inclusive, of Chap-
ter 18 of Title 15.1 of the Code of Virginia, as in force on January 1, 1968,
are hereby conferred on and vested in the city of Williamsburg.

§ 22.2. Powers generally; enumeration of powers.—The council of
the city shall have, subject to the provisions of this Charter, the control
and management of the fiscal and municipal affairs of the city, and of
all property, real and personal, belonging to said city, and may enact
ordinances and resolutions relating to the same as they shall deem proper.
The council shall, in addition to other powers given by law, have power to
enact such ordinances, resolutions, orders, and regulations as they may
deem proper and necessary to carry out the following powers, which are
hereby vested mm them:

(1) Market.—To establish a market im and for the city, 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.

(2) Waterworks and sewers.—To contract and agree with the owners
of any land for the use of and purchase thereof. or have the same con-
demned according to law. for the location, extension or enlargement of
waterworks or sewer systems, within or without the city, the pipes con-
nected therewith, and the fixtures or appurtenances thereof; and to pro-
tect from injury by ordinance, prescribing adequate penalties, such works,
pipes. fixtures and land, or anything connected therewith, whether within
or without the limits of the city.

(3) Shade trees.—To permit shade trees to be planted along the
streets and other public ways of the city.
(4) Protection from disease; board of health—To secure the in-
habitants from contagious, infectious, or other dangerous diseases; to
provide for and enforce the removal of patients to hospitals; to appoint
and organize a board of health for said city, with the authority necessary
for the prompt and efficient perjormance of its duttes.

(5) Slaughterhouses, soap factories, etc.; transportation of articles
through streets; speed of trains.—To regulate or prevent slaughterhouses,
soap factories and candle factories within the city, and to regulate the
transportation of coal, garbage and other articles through the streets of
the city, and to restrain and regulate the speed of locomotive engines and
cars upon the railroads within the city.

(6) Activities in streets——To prevent the throwing of stones or en-
gaging in any employment or sport on the streets, sidewalks or public
alleys, dangerous or annoying to persons.

(7) Offenses generally.—To restrain and punish drunkards, vagrants,
and street bengars; to prevent vice and immorality; to preserve the public
peace and good order; to prevent and quell riots, disturbances and dis-
orderly assemblages; to suppress houses of ill fame and gambling houses;
and to prevent and punish lewd, obscene and disorderly conduct or exhibi-
tions in the city.

(8S) Undesirable persons.—To prevent the coming into the city of
persons having no ostensible means of support, and of persons who may be
dangerous to the peace and sufety of the city.

(9) Promotion and maintenance of general welfare, comfort, peace,
etc.—To do all things whatsoever necessary or expedient for promoting
or maintaining the general welfare, safety, comfort, education, morals,
meace, government, health, trade, commerce and industries of the city and
its inhabitants, not in conflict with the Constitution of the State.

§ 23. City cemeteries exempt from taxation—* Any cemetery *
established * and maintained by the city shall be exempt from all State,
county and municipal! taxation.

§ 25. Penalties for violations of ordinances.—Where, by the pro-
visions of this * Charter, the council * has authority to pass ordinances *
of any subject, they may prescribe any penalty not exceeding * twelve
months in jail and/or a fine not exceeding * one thousand dollars, either
or both, for a violation thereof, and may provide that the offender, on
failing to pay the penalty recovered and costs, shall be imprisoned in the
jail * of the city for a term not exceeding ninety days, which penalties may
ve prosecuted and recovered with costs in the name of the city of Williams-

urg. *

§ 49. Fire department; fire prevention.—The city council may or-
ganize and maintain a fire department for the city, and provide for the
appointment of * a fire marshal, or chief, assistants and other officers with
any and all powers which have been or may be vested by law in such
officers, and it may make rules and regulations for the government of the
officers and men of said department; may prescribe their respective duties
in case of fire or alarms of fire, may fix their pay and may impose reason-
able fines for the breach of such regulations, and may * adopt such ordi-
nances as it may deem proper to extinguish and prevent fire; to prevent
property from being stolen, and to require citizens to render assistance
to the fire department in case of need.

§ 50. Removal of building; zoning; precautions against fires.—* The
city council may * provide for the removal of * wooden buildings or addi-
tions thereto which shall be erected contrary to * the ordinances at the
expense of the builder or owner thereof, or if any building in process of
erection or already built appears clearly to be unsafe, the council may cause
such building to be taken down, after reasonable notice to the owner.
* The council may, by proper ordinances, divide the city into zones, and
specify the kind and character of buildings which may be erected in the
different zones. * Jt may provide precautionary measures against danger
from fires. It may provide for the removal of buildings or structures of any
kind, erected in violation of city ordinances at the expense of the builder
or owner. *

§ 62. For the purposes stated in Chapter one hundred and ninety-
seven of the Acts of Assembly, approved March eighteenth, nineteen
hundred and twenty-six, as amended, the city council is hereby empowered
to pass zoning ordinances in conformity therewith, subject, however, to
the following modifications thereto:

(a) For any or all of the aforesaid purposes, the council may divide
the city and adjoining area within cne and one-half miles of the corporate
Imits.

(b) The council shall not adopt any zoning ordinance or map until it
shall have appointed a city planning commission, as provided in chapter
seven and shall have received from said commission its recommendations
as to a zoning ordinance and map, and shall have held a public hearing

ereon.

(c) Any zoning ordinance, regulations, restrictions, and boundaries
of districts may be changed from time to time by the council, either upon
its own motion or upon petition, under such conditions as the council may
prescribe, after a public hearing and adequate notice to all owners and
parties affected. If a protest or protests be filed with the council, signed
by the owners of twenty per centum or more of the area of the land in-
cluded in the proposed change, or by the owners of twenty per centum or
more of the area of the land immediately adjacent to the land included
in the proposed change, within a distance of one hundred feet therefrom,
or by the owners of twenty per centum or more of the area of the land
directly opposite across any street or streets from the land included in the
proposed change, within a distance of one hundred feet from the street
lines directly opposite, then no such change shall be made except by the
favorable vote of three-fourths of all the members of the council. No
change shall be made by the council in any zoning ordinance or map until
such change has been referred to the city planning commission for a report
thereon, and no action shall be taken by the council until a report has been
received from the commission, unless a period of thirty days has elapsed
after the date of reference to the commission.

(d) Within thirty days after the adoption of any zoning ordinance
and map, the council shall appoint a board of zoning appeals, consisting
of five members, at least one of whom shall be from the territory adjacent
to the city, none of whom shall hold any other position with the city.

Such board shall have the powers and duties imposed upon boards of
zon:ng appeals by * Chapter 11 of Title 15.1, Code of Virginia, as amended.

The council may remove any member of the board for cause, after a
puolic hearing. If a vacancy occurs otherwise than by the expiration of the
term of the different members, it shall be filled by the council for the
unexpired term.

Unless the council designates some member of the board as chairman,
the board shall select a chairman from among its own members, and may
create and fill such other offices as it may choose. The board may employ
such persons as the council may approve, and expend such sums as are
appropriated by the council for its work.

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