CHAPTER XIX.
PUBLIC SAFETY.
Sec. 319. Fire limits.
The fire limits shall begin at a point on Ninth Street N. E., one
hundred and fifty feet north of High Street, thence by a line one
hundred and fifty feet north of and parallel to High Street westerly
to a point one hundred and fifty feet west of Second Street,
N. W., thence in a southerly direction parallel to Second Street,
N. W., to a point one hundred and fifty feet North of Main
Street, thence in a westerly course one hundred and fifty feet
north of and parallel to Main Street to the west side of Fourteenth
Street, thence South along the west side of Fourteenth
Street to Main Street, thence following the north side of Chesapeake
& Ohio Railway in an easterly direction to Ridge Street,
thence with Ridge Street north to a point one hundred and fifty
feet from the South side of Main Street, thence in an easterly
direction parallel to and one hundred and fifty feet south of Main
Street to Seventh Street, E., thence with Seventh Street north to
Market Street, thence east with Market Street to Ninth Street,
E., thence following Ninth Street to the beginning.
Sec. 320. Building permits—when and how secured.
Before the erection, construction, alteration or extension of any
building or part thereof in the city is begun, the owner, builder
or architect shall submit to the City Engineer a clear statement of
the material to be used and the mode of construction of the proposed
building or alteration, with the plans and specifications,
said statement to be in writing on suitable blanks to be furnished
by the City Engineer for that purpose, but no terra cotta flues
shall be used in the construction, alteration or extension of any
building, except when said terra cotta flues are used as flue linings
being encased in brick and well plastered up with lime or cement
mortar, and no building or part thereof, alteration or extension
shall be commenced until the owner or builder shall have received
from the City Engineer a certificate of permit specifying the material
of which the outer walls and outer covering of the roof of
said building is to be composed, the street upon which and the
distance therefrom at which said building is to be placed, a copy
of which shall be filed in the office of the City Engineer under
the date of issue, and said permit shall be issued by the City Engineer
after examination of the plans and specifications or detailed
description, if he approve the same. Provided, however,
that any person aggrieved by the action of the City Engineer under
this section shall have the right of appeal to the Council before
the decision is final. If a building or alteration or extension
of a building shall be begun without said certificate of permit,
the builder and owner shall both be deemed to have violated this
ordinance and shall be fined not less than $5 nor more than $100
for each offense.
Sec. 321. Buildings within the fire limits.
No person shall erect, or cause to be erected, within the fire
limits as hereinbefore defined, any building or buildings, or any
addition to an existing building, unless the walls thereof are composed
entirely of brick, stone, concrete or other material equally
substantial, permanent and fireproof, except that the outer walls
of any building within said limits and not fronting on Main Street,
may be constructed of what is commonly known as brick veneering,
and the roof or roofs of any and all buildings within said fire
limits shall be covered with slate, tile, metal or other material
which shall be deemed fireproof; provided, that a wooden building,
or a wooden addition to an existing building, costing $50 or
less may be erected upon the rear of any property, provided a
special permit be first obtained from the Council. No shingle roof
shall be put on any building within the fire limits, either in repairing
an old or constructing a new one.
Sec. 322. Wooden structures within the fire limits.
Any person desiring to erect, within the fire limits, a wooden
structure such as may be authorized under the preceding section,
shall first petition the City Engineer, or if there be none, then
the Committee on Grounds and Buildings, setting forth in writing
the location of his lot, with the boundaries thereof, the
dimensions of his proposed building, and the purpose for which
it is to be used; and reasonable notice of said petition shall be
given to the owners of the adjoining property, who shall be given
opportunity to be heard in objection to the granting thereof. The
City Engineer or committee shall rigidly inquire into the propriety
of granting such petition and shall endorse thereon his
approval or disapproval, with the reasons therefor, and shall transmit
the same to the Council for its action. Any permit granted
by the Council under this and the preceding sections shall contain
a provision that such building shall only be erected with the permission
and written approval of the local Board of Underwriters.
Sec. 323. Removal of wooden structures within the fire
limits.
Whenever any building is erected in violation of these ordinances,
it shall be the duty of the Mayor to order the same to be
removed within ten days from date of notice at the cost of the
owner, and the owner of such building shall further be fined not
less than $5 for each day the same shall remain standing after
the time specified in the order for its removal.
Sec. 324. Fire escapes.
Unless specially ordered otherwise by the Council, there shall
be placed by the respective owners on the outside of each factory,
workshop, hotel, boarding house, office building, school, hospital,
tenement house, seminary, college, academy and asylum, of over
two stories in height, each theatre, hall and place of public amusement
in the City of Charlottesville, a fire escape, or more than
one when declared necessary by the Council, to consist of iron
stairways, with iron handrails, leading from a platform at each
story, and easily accessible from the passageways of each story;
the said iron stairways shall continue to the ground; but, when
erected over a public highway, the lower section shall be adjustable
so as to keep at a distance of not less than twelve feet above
the ground, except when in use during fire, and the said lower
section shall be kept raised from the ground, except when in use
during a fire.
The manner and materials of construction shall be subject to
the approval of the City Engineer.
The owner of any building, subject to the requirements of this
section, who shall fail, after written notice from the Council, to
comply with its provisions, shall be fined not less than $25, nor
more than $100, for each month, or part of a month, that he shall
continue in default hereunder.
Sec. 325. Defective roofs and chimneys.
Whenever the Mayor shall receive information that the chimneys
or flues of any house are so constructed or that the roof of
any house is so much decayed as to cause danger from fire, he
shall notify the Fire Committee to have said house examined by
the Chief of the Fire Department, and to report to him the result
of such examination. If, from the report of the Fire Committee,
the Mayor shall deem it necessary for the public safety, he shall
give the owner or occupant of any such house notice to make such
repairs or alterations as may be requisite to remove the cause of
danger within not exceeding 60 days after the service of such
notice, under a penalty of $5 for every day there shall be
failure to make such repairs or alterations after the expiration
of the time specified in said notice.
Sec. 326. Dangerous buildings, chimneys and stove pipes
—condemnation of.
If any person shall apprehend danger by fire from any shop or
other building on account of any defective chimney, stove pipe or
from any other cause, or if any person shall apprehend danger
from the falling of any shop or other building, on application to
the Mayor, in either case, it shall and may be lawful for the
Mayor to issue his warrant to any three judicious freeholders
within the city, requiring them to view the situation of such shop,
house, chimney, stove pipe, or other cause complained of, and
make report thereon, and if on such report it shall appear that
such apprehensions are well founded, the Mayor shall issue his
summons to the owner or occupier of such shop, house or other
cause of danger, to appear before him to answer such complaint,
and if upon a full hearing, the Mayor shall adjudge the cause of
complaint to be dangerous, he shall give judgment requiring the
party complained of to remove the cause of danger by such
means to be specified in such judgments as the case may require,
and if such party shall refuse or neglect complying with such
judgment within a reasonable time, limited in the same, he shall
pay a fine of not less than $5 nor more than $50 for every day's
continuance of such neglect or refusal.
Sec. 327. The continuance of such cause of danger.
The continuance of such cause of danger after such proceedings
had as aforesaid, is hereby declared a nuisance, and shall be removed
or abated by order of the Mayor, and the delinquent shall
be liable for all the costs and expenses attending such removal or
abatement, not exceeding $50 to be recovered by warrant before
the Police Justice.
Sec. 328. Dangerous wires.
It shall not be lawful for any telegraph, telephone, electric light
or electric street railway company to negligently permit or allow
any wire to hang loose from their lines or poles. Any violation
of this ordinance shall be punished by a fine of not less than $25
nor more than $100 for each offense. And if after written notification
by the Mayor of this city, the nuisance is not abated within
12 hours, the above maximum fine shall be doubled.
Sec. 329. Burning trash, etc., in streets—making bon
fires.
No person shall burn leaves, rubbish or other material, or make
a bon fire within the city under penalty of not less than $1 nor
more than $10 for each offense. All leaves, trash and other materials
shall be packed in barrels or boxes and delivered to the
city wagons for removal, as provided elsewhere in these ordinances.
Sec. 330. Shooting fireworks.
No person shall set off any fireworks or explode and fire
crackers in any street or alley within the corporate limits. For a
violation of this section the penalty shall be not less than $1 nor
more than $10 for each offense.
Sec. 331. Gunpowder and other explosives.
(a) No person shall keep within the city more than ten pounds
of gunpowder or other explosive compound, except for purposes
of sale.
(b) Licensed retail dealers may, to supply their trade, keep any
quantity of gunpowder or blasting powder not exceeding fifty
pounds in all; provided such powder be kept in metal packages,
with good, closely-fitting and well-secured covers thereon. No
such retail or wholesale dealer shall keep in his store more than
40,000 loaded gun shells.
(c) Wholesale dealers may store within the city limits, in
suitably-constructed magazines, which shall be hereafter erected
only under special permission of the Council, such quantities of
powder, dynamite or other explosives as they may deem necessary.
Said wholesale dealers may also, for the purpose of their
trade, have in their possession elsewhere than in a magazine, between
the hours of 7 a. m. and 5 p. m., any quantity not exceeding
fifty pounds. But no dynamite or nitro-glycerine in any of its
forms shall be stored or kept for sale in any store within the
corporate limits.
(d) Every dealer in gunpowder, blasting powder, dynamite
or other high explosives shall place on the building containing the
same, over or at the side of the front door thereof, a sign with
the words "Powder for sale" printed or painted thereon in legible
characters, at least three inches in height; he shall store said
powder or other explosives, including explosive cartridges, within
fifteen feet of the front entrance to the building and shall notify
the Chief of the Fire Department in writing that the same has
been done. The Chief of the Fire Department is hereby authorized
to enter any building-in which powder or other explosives
may be habitually kept for sale and familiarize himself with the
location of such explosives, to the end that he may be able to take
the necessary steps to prevent disaster therefrom in case of a
fire.
(e) No person shall carry gunpowder, blasting powder, dynamite
or other explosives on any vehicle in any part of the city
unless the same shall be secured in kegs, boxes or canisters, so
that no part thereof can fall out or escape.
(f) No person shall allow any vehicle under his charge or control,
containing more than one keg or case of twenty-five pounds
of gunpowder, blasting powder, dynamite or other high explosives
to remain within the city limits more than two hours; and no person
shall permit more than the said quantity of any kind of the
said article to be upon any street or sidewalk more than thirty
minutes; provided, however, that said articles may, during the
day, be brought from magazines or depots in such quantities as
may be required to supply the trade of merchants and wholesale
dealers.
Penalty: Any person who shall violate any of the clauses of
the foregoing section in regard to gunpowder or other explosives,
or permit the same to be violated with his consent by any person
in his employment or under his control, shall, upon conviction,
be fined not less than $5 nor more than $50, for each offense.
Sec. 332. Gasoline, benzine and naptha.
It shall be unlawful to keep or store in any building within the
fire limits of Charlottesville, Virginia, on the premises for sale,
not to exceed ten (10) gallons of gasoline, benzine and naptha in
all, the same to be kept in close metallic cans, free from leak—
also warranted that the drawing of gasoline, benzine and naptha
shall be done by daylight only—and that no artificial light shall
be permitted in the room where such gasoline, benzine and naptha
is stored. Any one violating this section shall be fined not
more than $10 for each offense.
(When the office of City Engineer is vacant, then such duties
as prescribed for said officer in this chapter shall be performed
by the Committee on Grounds and Buildings.)
