The code of the city of Charlottesville, Virginia : the charter as amended and the general ordinances of the city enacted as a whole June 6th, 1932, in effect July 15th, 1932 |
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 | APPENDIX |
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 | The code of the city of Charlottesville, Virginia : |  |
APPENDIX
Charter of City of Charlottesville
Sec. 1. Enactment.
All acts creating and amending the charter of the city of Charlottesville
are hereby amended and re-enacted in the manner and
form following:
Sec. 2. Territory and boundaries.
So much of the land as lies and is contained within the following
boundaries, beginning at a point at the intersection of the
northerly line of the right-of-way of the Southern railway company
and the western line of Jefferson Park avenue, or Fry
springs road, thence along the northern line of said Southern railway's
right-of-way line north seventy-one degrees twelve minutes
east one thousand four hundred and fifty-four feet to a stake,
thence north seventy-one degrees forty-nine minutes east one
thousand nine hundred and eighty-seven feet to a stake (leaving
out the right-of-way of the Southern railway, this being the modification
hereinbefore mentioned), thence crossing the right-of-way
of said Southern railway south one degree thirty-nine minutes
east three hundred and thirty-six feet (this change in distance
being necessitated by the modification hereinbefore referred to),
to a cast iron monument in the south side of Grove street in Fifeville
(this being an old city monument), thence south forty-three
degrees ten minutes east one hundred eighty-one and nine-tenths
feet to a concrete monument in L. H. Bingler's back yard, thence
south twenty-nine degrees thirty minutes east, three thousand
eight hundred and ninety-three and one-tenth feet to a stake near
rock out-crop at the south end of Ridge street one hundred and
thirty feet east of the line of said Ridge street, thence south
seventy-five degrees fifty-one minutes east, three thousand three
hundred twenty-seven and two-tenths feet to a pipe in the alley
south of Belmont park, sixty-three feet west of Rialto street line;
thence north sixty-six degrees fifty-nine minutes east, three thousand
one hundred twenty-six and nine-tenths feet to a stake in
the property of J. P. Burke near the northwest corner of said
forty minutes east, one thousand three hundred twenty-four
and two-tenths feet to a stake in the north edge of embankment
of Chesapeake and Ohio railway, sixty-six and five-tenths
feet west of Chesapeake and Ohio railway division sign; thence
north thirty degrees twenty-two minutes east, three thousand
seven hundred and thirty-eight feet to an iron pipe in the south
side of Free Bridge road; thence north twelve degrees forty
minutes east, three thousand six hundred and twenty-three and
seven-tenths feet to an iron pipe in the north end of Locust Grove
avenue at John A. Smith's gate; thence south eighty-three degrees
ten minutes west, three thousand one hundred and forty-four
feet to a stake in west side of Rio road; thence north forty-seven
degrees twenty-six minutes west, six hundred and fifty-eight feet
to a stake near gate-post in E. Bradbury's yard; thence north
forty-six degrees eighteen minutes west, eight hundred and fourteen
feet to a stake in the east fence of private road of M. Mason
about two hundred feet north of Rugby avenue; thence north
fifty-three degrees twenty-five minutes west, one thousand one
hundred thirty-eight and seven-tenths feet to a stake on north
side of new Southern railway cut about two hundred feet from
Rugby avenue; thence paralleling said Rugby avenue two hundred
feet therefrom, north seventy-eight degrees eleven minutes
west, four thousand four hundred thirty-one and three-tenths feet
to a stake two hundred feet west of Old Barracks road in the
Rosser property; thence south ten degrees forty minutes west,
paralleling Rugby road and two hundred feet therefrom, one
thousand one hundred nine and two-tenths feet to a stake opposite
gate posts of entrance to Rosser property; thence north seventy-two
degrees forty-nine minutes west, one thousand one hundred
ninety-six and three-tenths feet to a stake in fence between Dabney
and Moore properties; thence south fifty-six degrees fifty-five
minutes west, two thousand five hundred ninety-three and
seven-tenths feet to a stake near the westport of Massey's gate
on north side of Ivy road; thence south twelve degrees fifty-three
minutes west, five hundred eighty-eight and four-tenths feet to
stake in the north side of the Lynchburg road, the following
courses, forty-three degrees forty-three minutes west, one hundred
and ninety-seven and six-tenths feet to a stake; south fifty-two
and four-tenths feet to stake; south fifty-four degrees thirty-seven
minutes west, three hundred and twenty-five feet to a stake;
south forty-eight degrees fifty minutes west, one hundred feet
to stake; south fifty degrees forty-three minutes, eighty-five feet
to stake; south sixty-one degrees thirty-five minutes west, one
hundred and eighty feet to stake; south seventy-three degrees
fifty-five minutes west, one hundred and fifty-five feet to stake;
south eighty-seven degrees sixteen minutes west, one hundred
feet to stake; north eighty-two degrees twenty-one minutes west,
one hundred and forty-three feet to stake; north seventy-two
degrees sixteen minutes west, one hundred and sixty-eight feet
to stake; south eighty-two degrees eighteen minutes west, one
hundred and sixty-nine feet to stake; thence south twenty-two
degrees fifty-five minutes east, crossing Lynchburg road one
hundred and sixty-five feet to a stake in the west line of Maury
avenue; thence along said Maury avenue the following courses,
south eleven degrees fifty-three minutes east, sixty feet to a stake;
south no degrees thirty-eight minutes west, two hundred and
eighty feet to stake; south forty-three degrees thirty-three minutes
east, four hundred two and one-tenth feet to a stake; south
sixteen degrees forty-one minutes east, two hundred seventy
and three-tenths feet to stake; south no degrees eight minutes
east, three hundred thirteen and three-tenths feet to the place of
beginning, shall be and is hereby, made the city of Charlottesville;
and the inhabitants of the city of Charlottesville for all
purposes for which towns and cities are incorporated in this
Commonwealth, shall continue to be one body, politic in fact and
in name, under the style and denomination of the city of Charlottesville,
and as such shall have all the rights, immunities, powers,
and privileges, and be subject to all the duties and obligations
now incumbent and pertaining to said city as a municipal
corporation; and by that name may sue and be sued, and be subject
to all the provisions of the Code of Virginia, except so far
as may be herein otherwise provided.
Sec. 2½. University of Virginia excluded.
The grounds, walks, driveways and all the lands belonging to
"rectors and visitors of the University of Virginia," a corporation,
Charlottesville as described in section two, shall nevertheless be
deemed to be excluded therefrom and shall be, remain and continue
in all respects and for all purposes a part of the county of
Albemarle.
Sec. 3. Wards.
The said city shall be divided into [four] wards as now constituted,
but the number of wards may be hereafter increased or
diminished and the boundaries thereof changed by the city council
as authorized by law.
Sec. 4. Municipal authorities; terms of office; form of
government; corporate powers vested in council;
salaries of councilmen and mayor; city manager.
(a) The municipal authorities of the said city shall consist of
council of five members, one of whom shall be mayor, as hereinafter
set forth, unless and until this form be changed in manner
prescribed by law, a clerk of the corporation court, a Commonwealth's
attorney, a treasurer, a sergeant, a commissioner
of revenue, a civil and police justice, two justices of the peace, a
constable, who shall be elected by the qualified voters of the city
of Charlottesville at elections held at the intervals and on the
days prescribed for such elections by the laws of the State. All
persons who are qualified voters of the city of Charlottesville
shall be eligible to any of the said offices. The terms of office
of all of said officers shall begin and continue for such length
of time as is prescribed by law; provided, that any one of said
officers shall be eligible to one or more offices to be filled by the
council—that is to say, that any officer elected by the people may
hold office to which he was elected as well as one or more offices
to which he may be elected or appointed by the council. All the
corporate powers of said city shall be exercised by said council,
or under its authority, except as otherwise provided herein.
(b) The form of government for said city shall be modified
commission plan as follows: All corporate powers, legislative,
financial and police authority vested in the city of Charlottesville
by law shall be and is hereby vested in a council of five members
except as hereinafter provided.
(c) Each of said councilmen shall receive an annual salary of
three hundred dollars each (except the president of said council,
who shall be mayor, and shall receive five hundred dollars)
from the city for their services.
(d) An election shall be held in the said city pursuant to law,
at the time for the next regular election for councilmen in June,
nineteen hundred and twenty-eight. At said election the three
candidates receiving the highest number of votes shall hold office
for four years and the two receiving the next highest number
of votes shall hold office for two years. Thereafter the term
of office of the councilmen shall be four years. As soon as the
said councilmen shall qualify, they shall meet and elect from their
number a president, who shall be mayor without veto power, and
who shall preside and also have vote on all questions. Said council
shall also elect a vice-president. Said council so composed,
shall take office on September first, nineteen hundred and twenty-eight.
(e) It shall be the duty of the said council of five members to
immediately elect for a period of one year a business manager,
whose title shall be city manager, at the salary to be fixed by
them, who may be removed from office by said council at their
discretion.
(f) Said city manager shall have full executive authority in
the management of all ministerial affairs, and shall have the right
to employ and discharge all employees under his control. Said
city manager shall give a bond for the faithful performance of
his duties for such sum as said council may require. The duties
and responsibilities of said city manager are to be fixed by ordinance
of the city council. Except as said council so fixes his duties
and responsibilities, the said city manager shall have the
powers vested in city managers by sections two thousand nine hundred
and forty-four and two thousand nine hundred and forty-five
of the Code of Virginia, nineteen hundred and nineteen, and
general laws amendatory thereof.
In all other respects the said council shall have and be vested
with the same authority heretofore exercised by the council, and
by the existing laws, not in conflict herewith.
Sec. 5. Officers and clerks elected by council.
There may be elected by the council such officers and clerks as
said council deems proper and necessary, and any one or more of
said offices may be held and exercised by the same person. The
officers herein mentioned shall be elected or appointed by the
council on the first day of September, nineteen hundred and
twenty-two, or as soon thereafter as practicable, and biennially
thereafter, except when elected to fill a vacancy (which may be
done by the council), in which case the election shall be for the
unexpired term. It may be competent for the council, in order
to secure the services of a suitable person, to elect non-residents,
but such officer shall reside in the city during his tenure of office.
Sec. 6. Oath and qualification of officers elected by the
people.
The councilmen, and other officers elected by the people shall
each, before entering upon the duties of their offices, take the
oaths prescribed for all other officers by laws of Virginia, and
qualify before the corporation court of said city, or the judge
thereof in vacation, and in the cases of the mayor and councilmen
a certificate of such oaths having been taken, shall be filed
by them, respectively, with the clerk of the council, who shall
enter the same upon the journal thereof; but if any or either of
said officers shall fail to qualify, as aforesaid, for ten days after
the commencement of the term for which he, or they, were
elected, or shall neglect for a like space of time to give such bond
as may be required of him, or them, his office or their offices shall
be deemed vacant.
Sec. 7. Vacancy in office of mayor or councilmen; how
filled.
Whenever, from any cause, a vacancy shall occur in the office
of mayor, it shall be filled by the council and a vacancy in the
office of councilmen shall be filled by that body at its next regular
meeting from the qualified electors of said city, and the officer
thus elected shall hold his office for the term for which his predecessor
removal, or from other causes. An entry of said election shall
be made in the record book. If the mayor of said city or a councilman
shall remove from the city limits, such removal shall operate
to vacate his office.
Sec. 8. President and vice-president of council.
At its first meeting in September, nineteen hundred and twenty-two,
and biennially thereafter, the council shall elect one of its
members to act as president, who shall preside at its meetings
and continue in office two years. Or if a vacancy occur in the
office before the end of his term, such vacancy shall be filled as
provided in section seven.
At the same time the council shall elect one of its members to
be a vice-president, who shall preside at such meetings in the absence
of the president, and who, when the president shall be absent
or unable to perform the duties of his office, by reason of
sickness, or other cause, shall perform any and all duties required
of, or entrusted to, the president. The president, or the
vice-president, when authorized, as above stated, to act, shall have
power at any time to call a meeting.
Sec. 9. Quorum.
Three councilmen shall constitute a quorum for the transaction
of business at any meeting of that body.
Sec. 10. President and vice-president entitled to vote
on all questions.
The president, or vice-president, as the case may be, shall be
entitled to a vote on all questions as any other member, but in no
case shall he be entitled to a second vote on any question, though
it be necessary to break a tie—that is to say, his office shall not
entitle him to a vote.
Sec. 11. Authority of council in general; meetings;
journal of proceedings; general ordinance book; inspection
of documents in possession of clerk.
The council shall have authority to adopt such rules and to
appoint such officers and clerks as it may deem proper for the
of business, to compel the attendance of absent members, to punish
its members for disorderly behavior, and by vote of two-thirds
of all the members elected to it, expel a member for malfeasance
or misfeasance in office. The council shall keep a journal
of its proceedings, and its meetings shall be open, except
when, by a recorded vote of two-thirds of those members present,
it shall declare that the public welfare requires secrecy. The
council shall also require to be kept by its clerk a separate book,
termed "the general ordinance book," in which shall be recorded
all ordinances and resolutions of a general and permanent character,
properly indexed and opened to the public inspection.
Other documents or papers in the possession of the clerk of the
council which may affect the interest of the city shall not, without
special order of the body, its president or vice-president, be
exhibited, nor copies thereof furnished to other persons than the
committees or city officials entitled thereto.
Sec. 12. Minutes of council.
At each regular meeting of the council the proceedings of the
last regular meeting and all intervening called meetings, shall be
read, and thereupon be corrected, if erroneous, and signed by the
person presiding for the time being.
Upon the call of any member the ayes and noes shall be recorded
in the journal.
Sec. 13. General powers of council.
The council of the city, except as hereinbefore provided, shall
have power within said city to control and manage the fiscal and
municipal affairs of the city and all property, real and personal,
belonging to said city; they shall have power to provide a revenue
for the city, and appropriate the same to its expenses, also
to provide the annual assessments of taxable persons and property
in the city, and it may make such ordinances, orders, and bylaws
relating to the foregoing powers of this section as it shall
deem proper and necessary. They shall likewise have power to
make such ordinances, by-laws, orders and regulations as it may
deem desirable to carry out the following powers which are hereby
vested in them:
First. To close, extend, widen, narrow, lay out, grade, improve
and otherwise alter streets and public alleys in the said city, and
have them properly lighted and kept in good order, and it may
make or construct sewers or ducts through the streets or public
grounds of the city, and through any place, or places whatsoever,
when it may be deemed expedient by all the said councils. The
land included in any street that is closed shall revert to the abutting
owners on either side of the same, each receiving one-half
thereof. That is, the new line of each abutter shall be the middle
of the former street. The said council may have over any street
or alley in the street, which has been, or may be ceded to the city,
like authority as over other streets or alleys, and may prevent or
remove any structure, obstruction or encroachment over, or under,
or in a street or alley, or any sidewalk thereof.
Second. To prevent the cumbering of the streets, avenues,
walks, public squares, lanes, alleys, or bridges in any manner
whatsoever; to compel the occupant or owner of buildings or
grounds to remove snow, dirt or rubbish from the sidewalks in
front thereof.
Third. To extinguish and prevent fires, prevent property
from being stolen, and to compel citizens to render assistance to
the fire department in case of need, and to establish, regulate
and control a fire department for said city; to regulate the size
of materials, and construction of buildings hereafter erected, in
such manner as the public safety and convenience may require;
to remove, or require to be removed, any building, structure, or
addition thereto which, by reason of delapidation, defect of structure,
or other causes, may have, or shall, become dangerous to
life or property, or which may be erected contrary to law; to establish
and designate from time to time fire limits, within which
limits wooden buildings shall not be constructed, removed, added
to or enlarged, and to direct that all future buildings within such
limits shall be constructed of stone, natural or artificial, concrete,
brick or iron.
Fourth. To regulate and prescribe the breadth of tires upon
the wheels of wagons, carts, and vehicles of every kind and description
used upon the streets of said city.
Fifth. To provide for the preservation of the general health
same, prevent the introduction or spreading of contagious or infectious
diseases, and prevent and suppress diseases generally; to
provide and regulate hospitals within or without the city limits,
and to enforce the removal of persons afflicted with contagious or
infectious diseases to hospitals provided for them; to provide for
the appointment and organization of a board of health or other
board to have the powers of a board of health for said city, with
the authority necessary for the prompt and efficient performance
of its duties, with power to invest any or all the officials or employees
of such department of health with such powers as the police
officers of the city have; to regulate the burial, cremation, or
disposition of the dead; to compel the return of births and deaths
to be made to its health department, and the return of all burial
permits to such department.
Sixth. To acquire by purchase, condemnation, or otherwise,
either within or without the city, lands to be appropriated, improved
and kept in order as place for the interment of the dead,
and may charge for the use of the grounds in said places of interment,
and may regulate the same; to prevent the burial of the
dead in the city; except in public burying grounds; to regulate
burials in said grounds; to require the keeping and return of bills
of mortality by the keepers (or owners) of all cemeteries, and
shall have power to acquire by purchase, condemnation, or otherwise,
according to law, such lands, and in such quantity as it may
deem proper or necessary for the purpose of burying the dead.
Seventh. To establish a quarantine ground within or without
the city limits, and such quarantine regulations against infectious
and contagious diseases as the said councils may see fit, subject to
the laws of the State, and of the United States.
Eighth. To require and compel the abatement and removal, of
all nuisances within the said city, or upon any property owned by
said city, without its limits, at the expense of the person or persons
causing the same, or the occupant or owner of the ground
whereon the same may be; to prevent and regulate slaughter
houses, and soap and candle factories within said city, or the exercise
of any dangerous, offensive or unhealthy business, trade or
employment therein; to regulate the transportation of all articles
through the streets of the city; to compel the abatement of smoke
which they shall be constructed and kept.
Ninth. If any ground in the said city shall be subject to be covered
by stagnant water, or if the owner or occupant thereof shall
permit any offensive or unwholesome substance to remain or accumulate
thereon, the said councils may cause such ground to be
filled up, raised, or drained, or may cause such substance to be
covered or removed therefrom, and may collect the expense of so
doing from the said owner or occupant by distress or sale, in the
same manner in which taxes levied upon real estate for the benefit
of said city are authorized to be collected; provided, that reasonable
notice shall be first given to the said owner or occupant or
his agent. In case of non-resident owners, who have no agent in
said city, such notice may be given by publication for not less than
ten days, in any newspaper published in said city, such publication
to be at the expense of said owner, and cost thereof to be
collected as a part of the expense hereinbefore provided for.
Tenth. To direct the location of all buildings for storing gunpowder
or other explosive or combustible substance; to regulate
or prohibit the sale and use of dynamite, gunpowder, fire-crackers,
kerosene oil, gasoline, nitro-glycerine, camphene, burning fluid,
and all explosive or combustible materials, the exhibition of
fireworks, the discharge of firearms, the use of candles and
lights in barns, stables and other buildings, the making of bonfires
and the carrying of concealed weapons.
Eleventh. To prevent the running at large in said city of all
animals and fowls, and to regulate and prohibit the keeping or
raising of the same within said city, and to subject the same to
such confiscation, levies, regulations and taxes as it may deem
proper.
Twelfth. To prevent the riding or driving of animals at improper
speed, to regulate the speed and manner of use upon the
streets of said city of all animals or vehicles; to prevent the flying
of kites, throwing of stones, or the engaging in any employment
or sport in the streets or public alleys, dangerous or annoying
to the public, and to prohibit and punish the abuse of animals.
Thirteenth. To restrain and punish drunkards, vagrants,
medicants and street beggars.
Fourteenth. To prevent vice and immorality; to preserve public
peace and good order, to prevent and quell riots, disturbances
and disorderly assemblage; to suppress houses of ill-fame, and
gaming houses, to prevent lewd, indecent or disorderly conduct
or exhibitions in the city, and to expel from said city persons
guilty of such conduct.
Fifteenth. To prevent, prohibit or regulate the coming into
the city from points either within, or beyond the limits of the
State, of paupers or persons having no ostensible means of support,
or persons who may be dangerous to the peace or safety of
the city; and for this purpose may require any railroad company,
or the owners of any conveyances bringing any such person
to, or leaving him in said city, to enter into bond with satisfactory
security, that such person shall not become chargeable
to the city within one year from the date of his arrival, or may
compel such company, or owner, to take any such person back
to the city whence he was brought, and may compel any such
person to leave the city, if he has not been in the city more than
ninety days before the order is given.
Sixteenth. And the said council shall also have power to make
such other and additional ordinances as it may deem necessary
for the general welfare of said city; and nothing herein contained
shall be construed to deprive said city of any of the powers
conferred upon it, either by general or special laws of the
State of Virginia, except in so far as the same may be inconsistent
with the provisions of this charter.
Seventeenth. Said council shall have power to require and
take from the city's business manager, chief of police, treasurer,
auditor, commissioner of the revenue, and all other bonded officers,
bonds with security and in such penalty as they may see
fit, which said bonds shall be made payable to the city by its corporate
name, and conditioned for the faithful discharge of their
duties; said bonds shall be entered on the record of the council
and shall be filed with the clerk of the corporation court of the
city.
Eighteenth. Said council shall have power to erect, or authorize
or prohibit the erection of gas works, waterworks, or electric
light works in or near the city, and to regulate the same.
Nineteenth. To prohibit the pollution of water which may be
provided for the use of the city.
Twentieth. To pass all by-laws, rules and ordinances, not
repugnant to the Constitution and laws of the State, which they
may deem necessary for the good order and government of the
city, the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health, and protection
of its citizens or their property, including authority to
keep a city police force; and to do such other things, and pass
such other laws as may be necessary or proper to carry into full
effect any power, authority, capacity, or jurisdiction, which is,
or shall be granted to, or vested in said city, or officers thereof,
or which may be necessarily incident to a municipal corporation;
and to enable the authorities of said city more effectually to enforce
the provisions of this section, and any other powers conferred
upon them by this charter, their jurisdiction, civil and
criminal, is hereby declared to extend one mile beyond the corporate
limits of said city.
Twenty-first. To create a floating debt not exceeding one hundred
thousand dollars when, by a vote of the total membership
of the council, the council has passed a resolution declaring it expedient
to do so, and when the creating of the floating debt thereby
provided for is for the purpose of installing, or extending,
one or more public utilities, which shall constitute an asset, or
assets, at least equal in value to the amount expended thereon,
which utility, or utilities, shall materially add to the service rendered
by the city to its taxpayers and other citizens; and it shall
be the duty of the council to provide in the next bond issue for
the bonding of the floating debt thus created, and failure to do
this shall suspend this clause.
Sec. 13½. Borrowing money in anticipation of taxes;
issuing evidences of debt; rate of interest.
The council may also borrow money in anticipation of the collection
of the taxes and revenues in the city, in any amount or
amounts not exceeding one hundred thousand dollars at any one
time. The council may issue negotiable notes or other evidences
of debt for all money borrowed under this section. Such notes
or other evidences of debt may be renewed from time to time,
twelve months. No money shall be borrowed under this section
at a rate of interest exceeding six per cent per annum, and it
shall be the duty of the council to provide in the next bond issue
for the bonding of the floating debt thus created.
Sec. 14. Assessments upon abutting landowners.
Local assessments upon abutting landowners for making and
improving the sidewalks upon the streets and improving and
paving the alleys, and for either the construction or for the use
of sewers, may be imposed not in excess of the peculiar benefits
resulting therefrom to such abutting landowners. And the same
shall be regulated as prescribed by the general law.
Sec. 15. Enactment of ordinances, etc.; punishment for
violation; enjoining violation; use of county jail; appeal
to corporation court.
To carry into effect the powers herein enumerated, and all
other powers conferred upon said city and its council by the laws
of Virginia, said council shall have power to make and pass all
proper and needful orders, by-laws, and ordinances not contrary
to the Constitution and laws of said State, and to prescribe
reasonable fines and penalties, including imprisonment in the
city jail for a period not exceeding six months, and for the enforcement
of the collection of fines, to impose imprisonment for
a period not exceeding ninety days, which fines, penalties or imprisonment
shall be imposed, recovered and enforced by and
under the police justice, or any alderman or councilman of said
city. The city may maintain a suit to restrain, by injunction,
the violation of any ordinance, notwithstanding such ordinance
may provide punishment for its violation. And the authorities
of said city may, in accordance with the contract between the
councils of said city and the county of Albemarle, continue to
use the jail of said county for any purpose for which the use of
a jail may be needed by them, under the acts of the council or of
the State of Virginia; provided, however, that in all cases where
a fine or imprisonment is imposed by the police justice, or councilman,
or by the council, the party or parties so fined or imprisoned
shall have the right of appeal to the corporation court
by-laws, or ordinances, shall be paid into the city treasury.
Sec. 16. Conservators of the peace.
Each councilman, and the police justice of said city, for the
time being, are declared to be, and are hereby, constituted conservators
of the peace within said city, and within one mile from
the corporate limits thereof, and shall have all the powers and
authority, in civil, as well as in criminal cases, as justices of the
peace. And the chief of police and the policemen of the city
shall also be conservators of the peace within the limits aforesaid,
and all proper arrests may be made and warrants of arrest
executed by such chief of police and policemen.
Sec. 17. Budget; levy of taxes.
At least thirty days prior to the time when the annual tax levy
or any part thereof is made, the council shall cause to be prepared
a budget containing a complete itemized and classified
plan of all proposed expenditures and all estimated revenues
and borrowing for the ensuing appropriation year. Opposite
each item of the proposed expenditures the budget shall show in
separate parallel columns, the amount appropriated for the preceding
appropriation year, the amount expended during that
year, the amount appropriated for the current appropriation year
and the increases and decreases in the proposed expenditures for
the ensuing year as compared to the appropriation for the current
year. This budget shall be accompanied by an itemized and
complete financial balance sheet at the close of the last preceding
appropriation year.
A brief synopsis of the budget shall be published in a newspaper
published in the city of Charlottesville and notice given of
at least one public hearing at least fifteen days prior to the date
set for the hearing, at which any citizen of the said city of Charlottesville
shall have the right to attend and state his views
thereon. After such hearing is had, the council shall by appropriate
order adopt and enter on the minutes thereof a synopsis of
a budget covering all expenditures for the next appropriation
year hereinbefore required. The said council shall order a city
levy of so much money as in its discretion shall be sufficient to
meet all just demands against the city.
Sec. 18. Persons and property subject to levy.
The levy so made shall be laid on all persons who are residents
of said city over twenty-one years of age, upon dogs and upon
all tangible personal and real estate within said city, except such
persons, personal and real estate as are exempt from taxation under
the laws of this State, and also upon all other such subjects
within said city as may at the time be assessed with State taxes;
provided, however, that the tax on real estate and tangible personal
property shall not exceed in any one year, one dollar and eighty-five
cents on every hundred dollars value thereof; and provided,
also, that lands while used for agricultural or grazing purposes
included in this charter, at the time they are taxed, may be assessed
at a lower rate. In addition thereto the council of the
said city shall provide for such levy for the maintenance and
operation of the public schools and for interest and sinking fund
on bonds issued for school purposes as may be authorized or provided
for by the general laws of the State, provided, however,
that nothing in this act contained shall authorize the imposition
of a tax upon intangible personal property at a rate in excess of
that authorized by general law.
But nothing contained in this section, as hereby amended, shall
limit or restrict the power of the city council to levy such additional
taxation as they may deem necessary for the use and benefit
of the city; provided, such additional taxation shall be authorized
and sanctioned by a vote of the qualified voters of said
city, in the mode and manner prescribed in section twenty-three
of this charter or be authorized by the council by a vote equal to
at least two-thirds of the total membership. Provided, that
nothing in this section shall be construed to repeal or amend any
general law of the State now in effect.
Sec. 18½. Appropriation for advertising city.
The council may each year make appropriation out of the city
revenues of an amount not exceeding three cents on each one
hundred dollars of the assessed value of the property in the city
assessed for taxation for use in purposes which will, in the judgment
of the council, advertise the city.
Sec. 19. License taxes.
License taxes may be imposed by ordinance on businesses,
and corporations, engaged therein and the agent thereof,
except in cases where taxation by the localities shall be prohibited
by the general law of the State, and nothing herein shall
be construed to repeal, or amend any general law with respect
to taxation.
And this right to require a license and impose a tax thereon
shall apply to all persons who use the streets of the city for delivery
wagons; provided, that the license tax paid by any merchant
to the city of Charlottesville shall, if the council consent, be
in lieu of any tax on a delivery wagon used by him in said city.
And said council may also grant or refuse license to owners or
keepers of wagons, drays, carts, hacks, and other wheeled vehicles
kept or employed in said town for hire or as carriers for
the public, may prescribe a schedule of charges for their services,
and may require the owners of such wagons, drays, carts, and so
forth, using them in the city, to take out a license therefor, and
require taxes to be paid thereon, and subject same to such other
regulations as they may deem proper.
Sec. 20. Collection of revenue; custody of city funds.
The revenue from these and other sources shall be collected,
paid over, and accounted for at such times and to such persons
as the council shall order, and pursuant to such ordinance as now
exists or may hereafter be passed by the council. The city treasurer
shall be the custodian of all the funds of the city.
Sec. 21. Reports of treasurer.
The council shall require the treasurer of the said corporation
to make out a quarterly report of the receipts and expenditures,
together with a balance sheet of said city for the preceding quarter,
which report shall state on what account the expenditures
were made, and from what source or sources the receipts were
derived, which report when approved by the council, or in such
manner as the council may direct, shall be published in one or
more newspapers of the city on or before the twentieth day of
December, March, June and September of each year.
Sec. 22. Refunding bonds; rate of interest.
The council of said city of Charlottesville is hereby authorized
payable not exceeding forty years after their date, bearing
interest at not more than five per centum per annum, payable
semi-annually; said bonds to be used exclusively in paying off and
discharging the principal and interest of the present bonded debt
of the corporation of Charlottesville. The said councils shall not
be authorized to dispose of such bonds at less than par value, except
by a recorded affirmative vote of all the members elected to
the council. Said registered and coupon bonds shall be regularly
numbered, signed by the mayor, clerk and treasurer of the city,
and recorded in a book kept for that purpose.
Sec. 23. Sinking fund.
To provide for the payment of the bonded debt of the city
there shall be set apart annually by the council from the revenues
of the city such sum as will be sufficient to meet each issue of
bonds, either heretofore or hereafter issued, as the same shall become
due, except that for any issue of bonds a definite amount of
which is payable annually and known as serial bonds no sum shall
be so provided; but for such serial bonds the council shall make
in their annual budget definite provision for their payment. The
fund thus set apart shall be paid in two equal installments on the
first day of January and the first day of July of each year, to the
sinking fund commissioners hereafter designated, and shall, together
with the accretions thereto arising from interest on investments,
etc., be known as the sinking fund, and be held sacred for
the payment of the debt of the city as it shall become due; and if
no part of said debt be due or payable, said fund shall be invested
in the bonds or certificates of debt of said city, or of this State, or
the United States, or of some State of this Union, or any other
bonds the sinking fund commissioners may deem a safe investment;
said fund shall, in the hands of the treasurer, as to all questions
of investments, purchase or sale within the limitations of
this section, be subject to the orders and management of the
mayor, chairman of the finance committee of the council, auditor,
and treasurer, who together shall compose the sinking fund commission.
Sec. 24. Loans and bonds therefor.
The council of said city may negotiate any loan or loans for
necessary real estate, erecting public buildings, supplying the city
with water, sewerage, and for other purposes; and shall have
authority to issue registered and coupon bonds for the said loan
or loans, payable not more than forty years after the date of said
bonds, and said bonds shall bear interest at a rate not greater than
five per centum, payable semi-annually; provided, that the council
shall not negotiate such loan or loans, and issue bonds therefor,
for sums which when added to the debt of the city then existing,
shall cause the total indebtedness of the city to be greater
than eighteen per centum of the assessed valuation of the real estate
of the city subject to taxation, as shown by the last preceding
assessment for taxes; provided, however, that in determining the
limitation of the power of the city to incur indebtedness, there
shall not be included the classes of indebtedness mentioned in
subsection a and b of section one hundred and twenty-seven of
the Constitution of the State; and provided, further, that such
bonds are authorized by an ordinance enacted in accordance with
section one hundred and twenty-three of the Constitution of Virginia,
and approved by the affirmative vote of a majority of the
qualified voters of the city who vote upon the question of their
issuance, to be ascertained at a general election or at a special
election held for that purpose; said special election, if one be
held, to be ordered by the council, and to be conducted in accordance
with the law of the State of Virginia, regarding election by
the people. But no election touching the question shall be held
until notice thereof has been given by publication for four successive
weeks in one or more newspapers published in said city,
and recorded in a book to be kept for that purpose.
Sec. 25. Sale of public utilities to be approved by voters.
The rights of the city in its gas, water and electric works and
sewer plant, now owned, or hereafter acquired, shall not be sold
even after such action of the council as is prescribed by section
three thousand and sixteen of the Code of Virginia of nineteen
hundred and nineteen, until and except such sale shall have been
approved by a majority of the qualified voters of the city, voting
on the question at a special election ordered by the council and
subject in other respects to the provisions of section twenty-four
of this charter applicable to a special election.
Sec. 26. City sergeant.
The city sergeant shall attend the terms of the corporation
court of said city and shall act as the officer thereof; the said
sergeant may, with the approval of the said court, appoint one
or more deputies, who may be removed from office by the sergeant
or the said court, and may discharge any of the duties of the office
of sergeant, but the sergeant and his sureties shall be liable
therefor.
Sec. 27. Authority of officers appointed by council.
The officers of said city elected or appointed by the council
shall, during the time they are in office, have all the power and
authority of like officers in the State under its general laws, unless
the same be abridged or restricted by the councils.
Sec. 28. Prohibition of immoral shows, etc.
The mayor or the council may prohibit any theatrical or other
performance, show or exhibition within said city or a mile of its
corporate limits, which may be deemed injurious to morals or
good order.
Sec. 29. Particular powers and duties of mayor.
The mayor, except as hereinbefore provided in section four,
subsection f, shall be the chief executive officer of the city, and
shall take care that the by-laws and ordinances thereof are fully
executed. He shall see that the duties of the various city officers,
members of the police and fire departments, whether elected or
appointed, in and for the city, are faithfully performed. He shall
have power to investigate their acts, have access to all books and
documents in their offices, and may examine them and their subordinates
on oath. The evidence given by persons so examined
shall not be used against them in any criminal proceedings. He
shall also have power to suspend such officers and the members
of the police and fire departments, and to remove such officers
for misconduct in office or neglect of duty, to be specified in the
order of suspension or removal; but no such removal shall be
made without reasonable notice to the officer complained of and
an opportunity afforded him to be heard in person or by counsel,
and to present testimony in his defense. From such order of
or the member of the police and fire departments so suspended,
shall have an appeal of right to the corporation court.
Said mayor, except as herein provided, shall have all other
powers and duties which may be conferred upon him by general
laws. The corporation court of said city may remove the mayor
of said city from office for malfeasance, misfeasance, or gross
neglect of official duty, and such removal shall be deemed a vacation
of the office. All proceedings against the mayor for the
purpose of removing him from office shall be by order of or motion
before said court, upon reasonable notice to the party affected
thereby, and with the right to said party of an appeal to
the supreme court of appeals. In the event of the death, resignation
or removal of the mayor, or his inability to discharge his
duty from some other cause, his place shall be filled and his duties
shall be discharged by the vice-president of the council until such
inability ceases or another mayor is elected and qualified. A
vacancy in the office of mayor shall be filled as provided for in
section seven of this charter.
Sec. 30. Police justice.
The police justice shall have and possess all the jurisdiction
and exercise all the powers and authority in all criminal cases of
a justice of the peace for said city, and his jurisdiction shall extend
to within one mile of the corporate limits of the city; but he
shall receive no fees for services as such police justice, but all
such fees shall be turned into the city treasury. He shall also have
jurisdiction of and try violations of the city ordinances, and inflict
such punishment as may be prescribed for a violation of the
same. He shall have authority to issue his warrant for the arrest
of any person or persons violating any of the ordinances, acts or
resolutions of said city; it shall be his duty especially to see that
peace and good order are preserved, and persons and property
are protected in the city; he shall have power to issue executions
for all fines and costs imposed by him or he may require the immediate
payment thereof, and in default of such payment he may
commit the party in default to the city jail until the fine and costs
be paid, for a period, however, not exceeding ninety days. He
shall hold his court daily, except Sundays, at the place prescribed
he shall appoint any other justice of the peace, or any councilman
of said city, to discharge the duties of the police justice prescribed
herein during such inability, and who shall be paid for such services
by the police justice at the same rate per diem as such police
justice receives. The police justice shall keep a regular account
of all fines, forfeitures, fees and costs imposed, arising or collected
in the administration of his office, which he shall report
monthly to the city treasurer, except that all fines collected for
offenses committed against the State shall go to the literary fund,
as provided by law. The police justice of said city shall be removed,
as hereinbefore provided, by the mayor upon proof of
malfeasance or misfeasance in office. The police justice shall receive
a compensation for his services, to be fixed by the councils,
which shall not be increased or decreased during the term for
which he is elected, but said compensation shall not be more than
twelve hundred dollars per annum, but nothing herein contained
shall be deemed to repeal or alter the general law with respect to
civil and police justices in cities.
Sec. 31. Salaries fixed by council.
The salaries of all officers who receive stated compensation for
their services from the city shall be fixed by the council.
Sec. 32. Stated and special meetings of council.
The council shall fix by ordinance the time for holding their
stated meetings and no business shall be transacted at a special
meeting, unless by unanimous consent, except that for which it
shall have been called, and every call for a special meeting shall
specify the object thereof.
Sec. 33. Granting franchises.
The regulation and restrictions for granting any franchise in
the city shall be such as are provided by the general law as found
in section ten hundred and thirty-three-e of the Code of Virginia
of nineteen hundred and four [Code of 1930, § 3016].
Sec. 34. Receipt and disbursement of City moneys by
treasurer.
All moneys belonging to said city shall be paid over to the
same shall have been appropriated and ordered to be paid by the
councils, and the said treasurer shall also pay the same upon warrants
approved in such manner as may be prescribed by ordinance
of the council.
Sec. 35. Recovery against treasurer and sureties.
If the said treasurer shall fail to account for and pay over all
of the moneys that shall come into his hands when thereto required
by the council, it shall be lawful for the council, in the corporate
name of the city, by motion before any court of record having
jurisdiction in the city of Charlottesville, to recover from the
treasurer and his sureties, or their personal representatives, any
sum that may be due from said treasurer to said city on ten days'
notice.
Sec. 37. Collection of fines.
All fines imposed for any violation of any city ordinance or
State law shall be collected by the chief of police; and if said chief
of police shall fail to collect, account for, and pay over all the
fines in his hands for collection, it shall be lawful for the council
to recover the same, so far as the same are accruing to the city,
by motion, in the corporate name of the city, before the corporation
court of said city, against the said chief of police, his sureties
on his said bond, or any or either of them, his or their executors
or administrators, on giving ten days' notice of the same.
Sec. 38. Animals running at large.
The council shall have power to make such ordinances, bylaws,
orders and regulations as they may deem necessary to prevent
dogs, hogs and other animals from running at large in the
limits of the city, and may subject the owners thereof to such
fines, regulations and taxes as the councils may deem proper, and
may sell said animals at public auction to enforce the payment of
said fines and taxes; and may order such dogs, as to which are
in default, to be killed by a policeman or constable.
Sec. 39. Taking or damaging private property.
The city shall not take or damage any private property for
streets, or other public purposes, without making to the owner,
cases where the city council cannot by agreement obtain title to
the ground necessary for such purposes, it shall be lawful for it
to apply to the circuit court of the county in which the land shall
be situated, or to the proper court of the city having jurisdiction
of such matters, if the subject lie within the city, to condemn the
same.
Sec. 40. Encroachments upon streets.
In every case where a street in said city has been or shall be encroached
upon by any fence, building or otherwise, the city council
may require the owner or owners, if known, and if unknown
the occupant or occupants of the premises so encroaching, to remove
the same. If such removal shall not be made within the
time ordered by the city council, it may impose a penalty of five
dollars for each and every day that it is allowed to continue thereafter,
and may cause the encroachment to be removed, and collected
from the owner all reasonable charges therefor, with cost,
for which there shall be lien on the premises so encroaching,
which lien may be enforced in a court of equity having jurisdiction
of the subject. No encroachment upon any street, however
long continued, shall constitute an adverse possession thereto, or
confer any right upon the person claiming thereunder as against
said city.
Sec. 40½. Filing claim for damages condition precedent
to action against City.
No action shall be maintained against the said city for damages
for an injury to any person or property alleged to have been sustained
by reason of the negligence of the city, or any officer, agent
or employee thereof, unless a written statement, verified by the
oath of the claimant, his agent or attorney, 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
manager within six months after such cause shall have accrued.
Sec. 41. Continuance of rights, etc., of City; ordinances,
etc.
All rights, privileges and properties of the city of Charlottesville
an act now in force, not in conflict with this act, shall continue
undiminished and remain vested in said city under this act; and
all laws, ordinances and resolutions of the corporation of Charlottesville
now in force, and not inconsistent with this act, shall
be and continue in full force and effect in the city of Charlottesville,
until regularly repealed.
Sec. 42. Corporation court.
The corporation court of the city of Charlottesville shall remain
as it new exists and be held by the city judge at such times
as are, or may be, designated by law, and the jurisdiction of said
court shall be such as is now prescribed; provided, of course, that
the power to abolish said court in accordance with the Constitution
of the State is in no way hereby affected. And the city of
Charlottesville shall remain a part and parcel of the same legislative
and senatorial districts to which it now belongs.
Sec. 43. Water supply and sewerage system.
That the corporate authorities of said city be, and they are
hereby, authorized and empowered to erect suitable dams and reservoirs,
and to lay suitable pipes to supply said city with an adequate
supply of water, and to establish and construct a sewerage
system for said city; and for such purpose to acquire, either by
purchase or by condemnation, according to the provisions of the
general law for the condemnation of lands by incorporated cities,
such lands and so much thereof as may be necessary for the
aforesaid purposes.
Sec. 44. Elections.
All elections under this charter shall conform to the general
law of the State in regard to elections by the people.
Sec. 45. County property within City limits; arbitration;
school property in Charlottesville school district;
Miller Manual Labor School.
The property now belonging to the county of Albemarle within
the limits of the city of Charlottesville shall be within and subject
to the joint jurisdiction of the county and city authorities
of either county or city; and if the county and city aforesaid cannot
agree upon the term of joint occupancy and use of such
property in regard to which settlements may not have already
been effected, the right of said city to such joint occupancy and
use being hereby recognized, then the board of arbitration herein
provided for shall determine the terms of such joint occupancy
and use, and said board of arbitration shall determine what
rights, if any, the city aforesaid has in all other county property;
but this is subject to the recognition of the right of the city, as
well as the county (through the district school board or otherwise)
in the school property in Charlottesville school district;
and nothing herein contained shall affect the rights of the inhabitants
of said city to participate in the benefits of the Miller
Manual Labor School in the Samuel Miller district in said county.
Sec. 46. Board of arbitrators; duties; awards.
A board of arbitrators composed of three members, one to be
selected by the board of supervisors of Albemarle County, one by
the council of Charlottesville, and they to choose a third, is hereby
established, whose duty it shall be to adjust and decide the matters
hereinbefore submitted to them, and all such other questions
as may arise between said city and county, growing out of the
extension of the corporation limits, and the establishment of a
city government. The awards of said arbitrators shall be entered
upon the records as the judgments of the city court or the
county circuit court, as the arbitrators may designate.
Sec. 47. Same person may hold county and City office.
And it is further provided that the same person shall be eligible
to and, if elected, may hold a county office and a city office, if the
said offices be of the same nature, at the same time; provided,
such officer lives within the city limits; and any person otherwise
qualified, who is a resident of the city of Charlottesville, shall
be eligible to election or appointment to any county office of
Albemarle county.
Sec. 48. When charter effective.
It appearing that an emergency exists by reason of the fact
in June, nineteen hundred and twenty-two, and also
by reason of the fact that license taxes have to be adjusted in the
city of Charlottesville on the first day of May in each year, this
act is hereby declared to be an emergency act within the provisions
of section fifty-three of the Constitution of Virginia, and
shall be in force from its passage and retroactive and effective
as of the sixteenth day of March, nineteen hundred and twenty,
as herein provided.
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