CHAPTER 664

An Act to amend and reenact §§ 1, 7, 10, 11, 18, 20, 21, 22, 28, 82 and
40 of Chapter 481 of the Acts of Assembly 1942, approved Apri
7, 1942, as amended, which provided a new charter for the city of
Fredericksburg and to further amend said chapter by adding sections
numbered 2.1, 2.2, 30.1, 30.2, $2.1, the amended and added sections
relating, respectively, to the corporate name and general powers of
the city; the power as to public service and utilities; the number
terms, election, qualification of and filling vacancies in council, the
prohibition against councilmen and mayor holding other city offices;
the duties of the vice mayor; special meetings of council; vacancy wn
office or disability of mayor; duties and powers of mayor; powers
and compensation of the council; provisions concerning fire and police
departments; power of council concerning taxes and assessments;
notice to be given city of claims for damage from negligence; power
of city to construct, equip and maintain certain structures; adoption
by reference of certain provisions of Title 15.1 of the Code of Virginia
applicable to municipalities; appointment of bail commissioners and
justices of the peace; and the purposes for which the city may make
appropriations.

[H 400]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 1, 7, 10, 11, 18, 20, 21, 22, 28, 832 and 40 of Chapter 481 of
the Acts of Assembly 1942, approved April 7, 1942, as amended, be amended
and reenacted; and to further amend said chapter by adding sections num-
bered 2.1, 2.2, 30.1, 80.2, 32.1 as follows:

§ 1. The inhabitants of the city of Fredericksburg, Virginia, within
the boundaries as now established or hereafter established in the manner
provided by law, shall continue to be a body corporate and politic by
name, the city of Fredericksburg, and under that name shall have per-
petual succession; may use a corporate seal; contract and be contracted
with; may sue and be sued; may acquire from any source real and per-
sonal property within or without its boundaries for any municipal pur-
pose set forth in this charter, and if not set forth in this charter for any
purpose permitted by the laws of the State of Virginia, in fee simple or
lesser interest or estate, by purchase, grant, gift, donation, devise, bequest,
lease or condemnation and may sell, lease, mortgage, pledge, hold, manage,
regulate the use and management of, * control and dispose of such
property as its interests may require, and, except as prohibited by the
Constitution of Virginia or restricted by this charter, the city of Fred-
ericksburg shall have all municipal powers, functions, rights, privileges
and immunities of every name and nature whatsoever.

§ 2.1. The city may construct, maintain and equip all buildings and
other structures necessary or useful in executing its powers and duties,
ne performance of its functions and accomplishment of its purposes and
objectives.

8 22. The powers set forth in 88 15.1-845, 15.1-846, 15.1-858,
15.1-854, 15.1-855, 15.1-856, 15.1-857, 15.1-858, 15.1-859, 15.1-860, 15.1-861,
15.1-862, 15.1-8638, 15.1-864, 15.1-865, 15.1-866, 15.1-868, 15.1-869, 15.1-871,
15.1-872, 15.1-874, 15.1-880, 15.1-881, 15.1-882, 15.1-888, 15.1-884, 15.1-886,
15.1-887, 15.1-891, 15.1-892, 15.1-894, and 15.1-895 of Title 15.1 of the
Code of Virginia are hereby specifically adopted by reference in this
charter and conferred upon the city of Fredericksburg.

The council shall consist of * eleven members including the
Mayor, each of whom * shall hold office for a term of four years from the
first day of September, next ensuing their election, unless sooner removed
by death, resignation or other cause. * The Mayor and council shall be
elected at large. * The Mayor shall preside over meetings of the council
and shall have the same powers and duties as other members of the council,
with a vote, but no veto.

The Mayor and five members of the council * shall be elected on the
second Tuesday in June, nineteen hundred * sixty-eight, * and every *
four years thereafter on the * second Tuesday in June. Five members of
the council shall be elected on the second Tuesday in June, nineteen hun-
dred seventy and every four years thereafter on the second Tuesday
in June.

Vacancies in the council shall be filled within thirty days by a re-
corded majority vote of the council, and those elected to fill such vacancies
shall hold office for the unexpired term of the councilmen whose places
they fill, unless sooner removed by death, resignation or other cause. Mem-
bers of the council, including the Mayor, shall be qualified electors of the
city and shall hold no other public office while serving as such, except that
of notary public.

The term of members of the present council, and the Mayor, shall
expire at the time fixed by the law in effect when they were elected.

§ 10. No person elected to the council, or the Mayor, whether he
qualify or not, shall during the term for which he was elected or twelve
months after the expiration of that time, be elected by the council or
appointed by the city manager, to any position or office of trust or profit
of the City.

§ 11. The council shall elect one of its members, other * than the
Mayor, as Vice Mayor of the city, to * act in the place of the Mayor in
his absence or incapacity. The * Vice Mayor shall be elected for a term of
two years, the beginning date of such term to be prescribed by ordinance,
and any vacancy in the office of Vice Mayor shall be filled by * a recorded
majority vote of the council for the unexpired term.

§ The Mayor * or any five members of the council may call
special meetings of the council at any time upon written notice to each
member served personally or left at his usual place of business or resi-
dence, but special meetings may be held at any time without notice, pro-
ios e members of the council attend said meetings or waive notice

ereof.

§ 20. Should the person elected Mayor, omit or fail from any cause
to qualify on or before the first day of September, next following his elec-
tion, or, if after his election, he shall die or resign, or be removed from
office for any cause, then, and in all such events, the * Vice Mayor shall *
serve out the unexpired term.

Whenever, from any cause, the mayor shall be unable to perform
the duties of his office, these duties shall be discharged by the * Vice Mayor,
who shall, in such cases, exercise all of the powers of the Mayor, except
the power of * voting at council meetings in behalf of the Mayor.

§ 21. * The Mayor * of the city shall have, possess and exercise
the same rights and powers given him by general law or by special act,
and by ordinances enacted by the council, except insofar as the same are
amended or modified by the provisions of this charter; but the Mayor
shall have no power to remove any city officer or emplovee of the city,
MA tee policemen and firemen, and the Mayor shall not have the power
of veto.

§ 22. The council shall have all the general powers vested in it by
the Constitution and laws of the State, and it shall have power to enact
ordinances providing for the exercise within its jurisdiction of all police
powers which the State itself may exercise under the Constitution. except
such as may be specifically denied cities by the Acts of the General As-
sembly, and shall further have power:
(a) To levy, assess and collect taxes, and to borrow money within
the limits provided by the Constitution of Virginia and by the statute
laws of the Commonwealth.

(b) To establish a market in and for the city, provide for the
appointment of proper officers therefor, prescribe the time and place for
holding market, provide suitable grounds and buildings therefor, and
enforce such regulations as shall be necessary and proper to prevent
huckstering, forestalling or regrading.

(c) To erect and keep in order all public buildings necessary and
proper for the city, to erect and maintain within or without the city, a
city prison or prison farm, or both, for the safekeeping of all persons who
may be confined therein, and to establish a chain gang, and require
offenders to work thereon.

(d) To establish, maintain and operate waterworks and sewer sys-
tems and other public utility works, within and without the city; and
to contract and agree with the owners of any land for the use of and
purchase thereof, or have same condemned according to law, for the loca-
tion, extension or enlargement of the said works, the pipes, wires and
other appurtenances connected therewith and the fixtures or appurte-
nances thereof; and to protect from injury, by ordinance, prescribing
penalties, the said works, pipes, wires, appurtenances, fixtures and land,
or anything connected therewith. whether within or without the limits of
said city. However, the city shall not render sewer nor water service in
an existing sanitary district nor in the designated area for a project or
projects of a sanitary authority created under the terms of the Virginia
Water and Sewer Authorities Act, without the consent of such sanitary
district or sanitary authority, but said consent shall not be withheld un-
reasonably and the Circuit Court of the county in which said sanitary
district or sanitary authority is located shall determine, upon proper
petition to it, the reasonableness of the withholding of consent. Nothing
in this paragraph shall apply to water and sewer service rendered by
the city to customers in said sanitary district or sanitary authority on the
effective date of this act.

(e) To establish or change the grade of open, extend, construct,
widen or narrow, lay out, graduate, curb, pave, gutter, and otherwise
improve, maintain, repair, clean and close streets including but not limited
to limited access or express highways, roads. sidewalks, and public alleys
in said city, and have them kept in good order and properly lighted; in
order to properly light the streets of said city the council may erect and
operate such number of lamps and fixtures thereto belonging as they may
deem necessary, either on the outer side of the sidewalks, or in the center
of said streets; and over any street or alley in the city, which may be
ceded or conveyed to the city by proper deed, they shall have like power
and authority as over other streets and alleys; they may build bridges in
and culverts under said streets, viaducts, subways, and underpasses, and
may prevent or remove any structure, obstruction or encroachment over,
or under, or in any street, sidewalk or alley in said city, plant and main-
tam and may permit shade trees to be planted along said streets; but no
person, firm, company or corporation shall occupy with its works or any
appurtenances thereof, the streets, sidewalks, or alleys of the city, with-
out the consent of the council, duly entered upon its records. In the mean-
time, no order shall be made, and no injunction shall be awarded by any
court or judge, to stay proceedings of the city council in the prosecution
of their work, unless it be manifest that they, their officers or servants,
are transcending the authority given by law, and that the interposition
of the court is necessary to prevent injury that cannot be adequately com-
pensated in damages.
CH. 664] Acts OF ASSEMBLY 1171

(f) To prevent the cumbering of streets, sidewalks, alleys, lanes, or
bridges in the city in any manner whatever.

(g) To determine and designate the route and grade of any railroad
to be laid out in said city, and to restrain and regulate the speed of loco-
motive engines and cars upon the railroads within the said city.

(h) To make provision for and regulate the weighing, measuring or
testing of all products and articles offered for sale and barter in the city.

(i) To secure the inhabitants from contagious infection, or other
dangerous disease, by quarantine or otherwise; to establish, erect and
regulate hospitals, to provide for and enforce the removal of patients to
said hospitals; to appoint and organize a board of health for said city,
with the authority necessary for the prompt and efficient performance of
its duties.

(j) To require and compel the abatement and removal of all nuis-
ances, including, but not limited to, the removal of weeds from private
and public property and snow from sidewalks, within the said city, 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 slaugh-
terhouses, soap factories or candle factories within the city, and the
exercise of any dangerous, offensive or unhealthy business, trade or
employment therein; to regulate the transportation of coal, explosives,
oils and other articles through the streets of the city.

(k) If any ground in said city, or within one mile of its corporate
limits, shall be subject to be covered with stagnant water, or if the owner
or owners, occupier or occupiers thereof, shall permit upon any such land
or upon any building or structure thereon any offensive, unwholesome,
unsanitary or unhealthy substances to remain or accumulate thereon or
therein, the council may cause such ground to be filled, raised or drained,
or may cause such substance to be covered or to be removed therefrom,
and may require the razing or repair of all unsafe, dangerous or unsani-
tary public or private buildings, walls or structures within the city, which
constitute a menace to the health and safety of the occupants thereof or
the public, 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 city authorities, or their
agents, in which case the city shall pay the expense of abating the same),
by distress and sale in the same manner in which taxes levied upon real
estate for the benefit of said city are authorized to be collected; or by
any other legal proceeding; provided, that reasonable notice shall be first
given to said owners or their agents. In case of nonresident owners who
have no agent in said city, such notice shall be given by publication once
a week for not less than four consecutive weeks in any newspaper pub-
lished in the city.

(1) To regulate and direct the location and construction of all build-
ings for the storage of gunpowder, explosives and combustible substances;
to regulate the sale and use of pistols, zunpowder, explosives, firecrackers,
fireworks, gasoline, kerosene, oil or other combustible material; to regu-
late the exhibition of fireworks, the discharge of firearms, and to restrain
the making of bonfires within the city.

(m) To * regulate or prohibit hogs, dogs and other animals and
fowls, from running at large in said city and the keeping of animals and
fowl; to provide for the impounding of animals and fowl; and to subject
the same to such confiscation, regulations and taxes as they may deem
proper.

(n) To regulate the riding and driving of horses and other animals
and the operation of motor or other vehicles, but not in conflict with State
law; to prevent the throwing of stones or engaging in any employment
or sport on the streets, sidewalks or public alleys, dangerous or annoying
to persons; and to prohibit and punish the abuse or cruel treatment of
horses and other animals in said city.

(o) To provide for the punishment of misdemeanors committed
within the judicial limits of the city; 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; to prevent and punish indecent and disorderly conduct or exhi-
bitions in said city, and to expel from the city, persons guilty of such
conduct who have not resided therein as much as one year.

(p) To prevent the coming into the city of persons having no osten-
sible means of support, and of persons who may be dangerous to the peace
and safety of the city.

(q) To acquire by condemnation, purchase or otherwise provide for,
maintain, operate and protect aircraft landing fields or airports, includ-
ing lands, structures, equipment and facilities appurtenant thereto, either
within or without the corporate limits of the city; provide for their man-
agement and operation by an agency of the city; contract with others for
the operation and management thereof upon such terms and conditions as
shall be prescribed by the city; and charge or authorize the charging of
compensation for the use of the airport or any of its appurtenances or
facilities.

(r) To do all things whatsoever necessary or expedient for promot-
ing or maintaining the general welfare, comfort, education, morals, peace,
government, health, trade, commerce or industries of the city, or its inhab-
itants, not in conflict with the Constitution of the State.

(s) To regulate the burial of dead within the city and to regulate
the public cemeteries, and to require the return of bills of mortality by
keepers of all cemeteries in or near the city.

(t) Where, by provision of this act, the council has authority to pass
ordinances on any subject, they may prescribe any penalty not exceeding *
the penalty imposed under State law for a similar offense; and may pro-
vide that the offender on failing to pay the penalty imposed and costs,
shall be imprisoned in the jail * of the city for a term not exceeding *
the term permitted by State law for failure to pay a fine and costs, or
costs where there 1s no fine. The jailer, upon commitment, shall note the
amount of fine and costs, or costs where there is no fine, and the date of
commitment, and shall, without further order or direction, release the
defendant from jail promptly upon the expiration of the limitation above
prescribed, and the defendant shall not thereafter be imprisoned for
failure to pay the fine and costs, or costs, in that case; but nothing herein
shall prevent the issue of a writ of fieri facias after such release from jail.

(u) * The council may prevent any unlawful obstruction of or en-
croachment over, under or in any street, highway, road, alley, bridge,
viaduct, subway, underpass or other public way or place in the city; may
provide penalties for maintaining any such unlawful obstruction or en-
croachment; may remove the same and charge the cost thereof to the
owner or owners, occupant or occupants of the property so obstructing
or encroaching to remove the same; pending such removal may charge the
owner or owners of the property so obstructing or encroaching compensa-
tion for the use of such portion of the street, highway, road, alley, bridge,
viaduct, subway, underpass or other public way or place obstructed or
encroached upon the equivalent of what would be the tax upon the land
so occupied if 1t were owned by the owner or owners of the property so
obstructing or encroaching, and, if such removal shall not be made within
the time ordered impose penalties for each and every day that such ob-
struction or encroachment is allowed to continue thereafter; may authorize
encroachments upon such public ways and places subject to such terms
and conditions as the council may prescribe, but the owner or owners,
occupant or occupants shall be liable for negligence on account of such
encroachment; and may institute and prosecute a suit or action in eject-
ment or other appropriate proceedings to recover possession of any such
public way or place or any other property of the city unlawfully occupied
or encroached upon. No encroachment upon * such public way or place,
however long continued, shall constitute any adverse possession to or con-
city any rights upon the persons claiming thereunder as against the said
city.

(v) Whenever any street, alley or lane in said city shall have been
opened and used as such by the public for the period of five years, the
same shall thereby become a street, alley or land for public purposes,
and the council shall have the same authority and jurisdiction over and
right and interest therein, as they have by law over the streets, alleys and
lanes laid out by them, and any street or alley reserved in the division or
subdivision into lots of any portion of the territory within the corporate
limits of said city, by plan or plot of record, shall be deemed and held to be
dedicated to public use, unless it appears by said record that the street or
alley so reserved is designated for private use. But upon a petition of a
majority of the persons interested therein, the council shall have power
to open the same for the use of the public. The council shall have the right
to elect, by resolution entered of record, whether it will or will not accept
the dedication of any street or alley and shall also have the right to super-
vise all plotting and planning and any and all other activities for the
beautification of the city.

(w) The city council shall grant and pay to all city officers such
salaries or compensation as the said council may from time to time deem
just and proper, or shall be fixed by this act; provided the council may
permit the city manager to fix the salaries or compensation of any officer
which it may see fit.

(x) Whenever, by an act of assembly or ordinance of the council,
the necessity of collecting, maintaining and handling a sinking fund for
the retirement of city obligations may arise, the chairman of the finance
committee of the council, the city manager and the treasurer of the city
shall be, and the same are hereby constituted a board of sinking fund
commissioners, who are authorized to invest such sinking fund in bonds
of the State of Virginia, and the United States Government, and those
of the city of Fredericksburg, and to collect, care for and reinvest the
interest or income accruing from the same as may be directed by the city
council by resolution or ordinance. No fees or commission shall be paid
to any officer for the handling and control of the sinking funds.

(y) If any person, having been an officer of such city, shall not
within ten days after he shall have vacated or been removed from office,
and upon notification or request of the clerk of the council, or within such
time thereafter as the city council shall allow, deliver over to * his suc-
cessor in Office, all property, books and papers belonging to the city, or
appertaining to such office in his possession or under his control, he shall
forfeit and pay to the city the sum of one hundred dollars, to be sued for
and recovered, with costs, and all books, records and documents used in
such office by virtue of any provision of this act, or of any ordinance or
order of the city council, or any superior officer of the said city, shall be
deemed the property of the said city and appertaining to said office and the
chief officer thereof shall be responsible therefor.

(z) Compensation of councilmen.—Each member of the council shall
receive such annual compensation as may be determined by the council
but not exceeding the sum of twelve hundred dollars per annum. The
amounts so determined for the Mayor-cowncilman, for his services as
councilman shall not be im lieu of compensation for his services as Mayor
provided for in § 19 of this charter.

§ 28. There shall be a police department and a fire department
which may be incorporated into one department by the council, in which
event it shall be known as the department of public safety, with a director
thereof. * The city council shall provide by ordinances for the appointment
of the director of the department of public safety, the term or time for
which appointed, and his pay.

(a) The city council shall provide by ordinance for the appointment
or election of a * chief of police and members of the police force in the

city and shall include therein the method of their appointment, the term
or time for which appointed and their pay.

(b) The * chief of police and policemen shall constitute the police
force of the city and shall hold their respective positions as provided by
ordinance.

(c) The police force shall perform such duties as the council may
prescribe. For the purpose of enabling it to execute its duties, every
member thereof is hereby made a conservator of the peace and endowed
with the powers of a constable in criminal cases and with such other
powers under the laws of the State as may be necessary to the discharge
of the duties of his office.

(d) The pay, uniform, rules and regulations of the said police force
shall be prescribed by the council.

(e) The council shall provide by ordinance for the management,
direction and control of the fire department and of the members thereof,
whether paid or voluntary firemen, and for their selection and appoint-
ment.

§ 80.1. The Circuit Court of the City of Fredericksburg, Virginia,
shall appoint one or more bail commissioners for said city.

§ 30.2. The Circuit Court of the City of Fredericksburg, Virginia,
shall appoint one or more justices of the peace for said city to serve at
the pleasure of the said court. The present justices of the peace of said
city shall continue in office until the end of the term for which each was
heretofore elected.

§ 32. In the execution of its powers and duties, the city council
may annually levy and collect, in such manner as tt may deem appro-
priate, taxes by assessment in * said city on all subjects for taxation, the
taxation of which by * citzes, is not * forbidden by general law, including
consumer or subscriber taxes upon public utility services of all kinds used
within the city, and also tax upon admissions to performances within the
city for which a charge is made, all to such extent as the council shall
deem necessary to pay the debts to defray * expenses of the city and accom-
plish the purposes and perform the functions of the city, in such manner
as the council may deem expedient (in accordance with the laws of this
State and the United States).

§ 82.1. The city may make appropriations for the purposes for
which it 1s empowered to levy taxes and make assessments, for the sup-
port of the municipal government, for the performance of its functions,
and the accomplishment of all other lawful purposes and objectives, sub-
ject to such limitations as may be imposed by law.

§ 40. No action shall be maintained against the * city for * in-
jurv to anv person or property or for wrongful death alleged to have been
sustained by reason of the negligence of the city or of any officer, agent
or employee thereof, unless a written statement * by * the claimant, his
agent or attorney or * representative * of the nature of the claim and of
the time and place at which the injury is alleged to have occurred or *
been received, shall have been filed with the city attorney, or with the
Mayor, or the city manager, * within * sixty days after such cause of
action shall have accrued * ; except that when 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 twenty days, or if
the complainant be compos mentis during the said sixty-day period but
1s able to establish by clear and convincing evidence that due to the injury
sustained for which a claim is asserted, he was physically or mentally
unable to give such notice within the sixty-day period, then the time for
giving notice shall be tolled until the claimant sufficiently recovers from
said injury so as to be able to give such notice.

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