University of Virginia Library

II. Part II.

The Code

CHAPTER 1.

General Provisions.

§ 1-1. How Code designated and cited.

§ 1-2. Rules of construction.

§ 1-3. Constitutionality.

§ 1-4. Catchlines of sections.

§ 1-5. General penalty; continuing violations.

§ 1-6. Repeal not to affect liabilities.

§ 1-7. Repeal not to revive former ordinance.

§ 1-8. Ordinances and resolutions in evidence.

§ 1-9. Corporate seal.

§ 1-10. Same—Custodian.

§ 1-11. Execution of deeds, contracts, etc.

§ 1-12. Designation and boundaries of wards.

§ 1-13. Election districts; voting places.

§ 1-14. Acceptance of certain building, electrical and plumbing inspections.

Sec. 1-1. How Code designated and cited.

The ordinances embraced in this section and the following
sections shall constitute and be designated "The Code of the City
of Charlottesville, 1965," and may be so cited. The Code may also
be cited as "Charlottesville City Code of 1965."

Sec. 1-2. Rules of construction.[1]

In the construction of this Code, and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of council:

Bond. When a bond is required, an undertaking in writing
shall be sufficient.

City. The words "the city" shall mean the City of Charlottesville,
in the County of Albemarle and the Commonwealth
of Virginia.

Computation of time. Whenever a notice is required to be
given, or any other act to be done, a certain time before any

motion or proceeding, there must be that time, exclusive of the
day for any such motion or proceeding, but the day on which such
notice is given, or such act is done, may be counted as part of the
time; but when a notice is required to be given, or any other act to
be done, within a certain time after any event or judgment, that
time shall be allowed in addition to the day on which the event or
judgment occurred.

Council. Whenever the word "council" is used, it shall be
construed to mean the council of the City of Charlottesville.

Gender. A word importing the masculine gender only shall
extend and be applied to females and to firms, partnerships and
corporations as well as to males.

Joint authority. Words purporting to give authority to three or
more officers or other persons shall be construed as giving such
authority to a majority of such officers or other persons.

Month. The word "month" shall mean a calendar month.

Number. A word importing the singular number only may
extend and be applied to several persons or things as well as to
one person or thing, and a word importing the plural number only
may extend and be applied to one person or thing as well as to
several persons or things.

Oath. The word "oath" shall be construed to include an
affirmation in all cases in which by law an affirmation may be
substituted for an oath, and in such cases the words "swear" and
"sworn" shall be equivalent to the words "affirm" and
"affirmed."

Owner. The word "owner," applied to a building or land, shall
include any part owner, joint owner, tenant in common, tenant
in partnership, joint tenant or tenant by the entirety, of the whole
or of a part of such building or land.

Person. The word "person" shall extend and be applied to
associations, firms, partnerships and bodies politic and corporate
as well as to individuals.

Preceding; following. The words "preceding" and "following"
mean next before and next after, respectively.

Sidewalk. The word "sidewalk" shall mean any portion of
the street between the curb and the adjacent property line
intended for the use of pedestrians.

Signature; subscription. "Signature" or "subscription"
includes a mark when a person cannot write.

State. The words "the state" or "this state" shall be construed
to mean the Commonwealth of Virginia.

Street. The word "street" shall be construed to embrace
streets, avenues, boulevards, roads, alleys, lanes, viaducts,
bridges and the approaches thereto and all other public highways
in the city.

Tenant. The words "tenant" or "occupant," applied to a
building or land, shall include any person holding a written
or oral lease of, or who occupies, the whole or a part of such
building or land, either alone or with others.

Time. Words used in the past or present tense include the
future as well as the past and present.

Written; in writing. "Written" or "in writing" shall be
construed to include any representation of words, letters or
figures, whether by printing or otherwise.

Year. The word "year" shall mean a calendar year.

Other words. The rules of construction given in sections
1-13 to 1-15.1, Code of Virginia, shall govern, so far as applicable,
the construction of all other words not defined in
this section. (Code 1959, § 1-2.)

Sec. 1-3. Constitutionality.

If any part or parts, section or subsection, sentence, clause
or phrase of this Code is for any reason declared to be unconstitutional
or invalid, such decision shall not affect the
validity of the remaining portions of this Code. (Code 1959,
§ 1-3.)

Sec. 1-4. Catchlines of sections.[2]

The catchlines of the several sections of this Code, printed

in boldface type, are intended as mere catchwords to indicate
the contents of the sections, and shall not be deemed or taken
to be titles of such sections, nor as any part of the sections,
nor, unless expressly so provided, shall they be so deemed
when any of such sections, including the catchlines, are
amended or re-enacted. (Code 1959, § 1-4.)

Sec. 1-5. General penalty; continuing violations.[3]

Wherever in this Code or in any ordinance of the city or
in any rule, regulation or order promulgated by any officer
or agency of the city under authority duly vested in him or it,
any act is prohibited or is made or declared to be unlawful or
an offense or a misdemeanor, or wherever in such Code or
ordinance the doing of any act is required or the failure to
do any act is declared to be unlawful or an offense or a misdemeanor,
where no specific penalty is provided therefor, the
violation of any such provision of this Code or any such ordinance
shall be punished by a fine not exceeding one thousand
dollars or confinement in a penal or correctional institution
not exceeding twelve months, or both.

Each day any violation of this Code or of any such ordinance
of the city or such rule, regulation or order shall continue
shall constitute a separate offense. (Code 1959, § 1-5;
7-20-64.)

Sec. 1-6. Repeal not to affect liabilities.[4]

No new ordinance shall be construed to repeal a former
ordinance as to any offense committed against the former
ordinance or as to any act done, any penalty, forfeiture or
punishment incurred, or any right accrued or claim arising

under the former ordinance, or in any way whatever to affect
any such offense or act so committed or done, or any penalty,
forfeiture or punishment so incurred, or any right accrued,
or claim arising before the new ordinance takes effect, save
only that the proceedings thereafter had shall conform, so
far as practicable, to the ordinance in force at the time of
such proceedings. (Code 1959, § 1-6.)

Sec. 1-7. Repeal not to revive former ordinance.[5]

When an ordinance which has repealed another shall itself
be repealed, the previous ordinance shall not be revived without
express words to that effect. (Code 1959, § 1-7.)

Sec. 1-8. Ordinances and resolutions in evidence.[6]

A copy of any ordinance or joint resolution of the city certified
by the clerk of the council, or a printed copy thereof
which purports to have been printed by the authority of the
council, shall be received as prima facie evidence for any purpose
for which the original ordinance or resolution could be
received. (Code 1959, § 1-8.)

Sec. 1-9. Corporate seal.

The corporate seal of the city shall be a design within a
circle, one and three-quarter inches in diameter, with the word
"VIRGINIA" across the face; in the exergue this inscription
"CITY OF CHARLOTTESVILLE," and all of such words
shall be raised letters; the design being the same as that
heretofore in use as the seal of the city. No other seal shall
be used for the city and no paper issued by municipal authority,
which requires the seal of the city, shall be valid
unless the seal prescribed above be duly affixed thereto; provided,
however, that an identifying device, the design of which
was approved by the council of the city on July 6, 1971, shall
be used as the seal of the city for all purposes except those

where the corporate seal is required by law to be affixed to
any document. (Code 1959, § 1-9; 7-19-71.)

Sec. 1-10. Same—Custodian.

The clerk of the council shall be the custodian of the corporate
seal of the city, and shall affix it to such papers or
documents as he may be required to affix it by any ordinance
or resolution of the council. (Code 1959, § 1-10.)

Sec. 1-11. Execution of deeds, contracts, etc.

All papers duly authorized to be executed in the name of
and on behalf of the city shall, unless otherwise provided by
ordinance or resolution of the council, be signed as follows:

Deeds, bonds and other instruments requiring the seal of
the city to be affixed thereto shall be signed by the mayor
and the seal shall be attested by the clerk of the council.

Notes or other similar evidences of debt shall be signed by
the mayor or by the finance committee.

The city purchasing agent shall sign all contracts covering
sales or purchases which he is authorized to make.

All other contracts shall be signed by the city manager.
(Code 1959, § 1-11.)

Sec. 1-12. Designation and boundaries of wards.[7]

The territory within the city shall be divided into four
wards, whose boundaries shall be as follows:

(a) First ward. The first ward shall embrace all the territory
in the eastern part of the city which is not embraced
within the boundaries of the second ward and the third ward,
as hereinbelow defined.

(b) Second ward. The second ward shall embrace all territory
lying north of the center line of Main Street, beginning
at the intersection of 2nd Street, N.E., west to the intersection
of the center line of 10th Street, N.W.; thence north

with a center line of 10th Street, N.W., to the intersection of
the center line of Preston Avenue; thence in a northwesterly
direction along the center line of Preston Avenue to the intersection
of the center line of Rugby Road and Preston Avenue;
thence in the same northwesterly direction along the
center line of Rugby Road to the junction of the center line
of Hydraulic Road and Rugby Road; thence along the center
line of Hydraulic Road to the southeastern corner of the
intersection of Route 29 North and Hydraulic Road; thence
along the eastern margin of Route 29 North, north to the city
limits; thence in a westerly direction along the city limits line to
the southern margin of Virginia Highway 631; thence along the
southern margin of Virginia Highway 631 to the western margin
of the Southern Railway Company right of way; thence south
along the western margin of the Southern Railway Company
right of way to the intersection of the center line of Route 250A;
thence east along the center line of Route 250A to the intersection
of the center line of McIntire Road; thence in a southeasterly
direction along the center line of McIntire Road to the intersection
of the center line of Nelson Drive; thence along the center line of
Nelson Drive to the intersection of the center line of 2nd Street,
N.E.; thence along the center line of 2nd Street, N.E. to the point
of beginning.

(c) Third ward. The third ward shall embrace all territory lying
south of the center line of Main Street beginning at the
intersection of the center line of 2nd Street, N.E., west to the
intersection of the center line of 9th Street, S.W.; thence along the
center line of 9th Street, S.W., south to the western margin of the
Southern Railway Company right of way; thence along the
western margin of the Southern Railway Company right of way
to the city limits; thence in a southeasterly and easterly direction
along the city limits to the center line of Virginia Highway 742;
thence along the center line of 6th Street, S.E., north to the
northern margin of the Chesapeake & Ohio Railway Company
right of way; thence along the northern margin of the Chesapeake
& Ohio Railway Company right of way west to the intersection of
the center line of 2nd Street, S.E.; thence north along the center
line of 2nd Street, S.E., to the point of beginning.

(d) Fourth ward. The fourth ward shall embrace all the
territory in the western part of the city which is not embraced
within the boundaries of the second ward and the third ward, as
above defined. (Code 1959, § 1-12; 10-18-62.)

Sec. 1-13. Election districts; voting places.[8]

Each ward of the city shall constitute two election districts or
precincts, as defined in this section. Elections in each district in

each ward shall be held at such voting places as may from time to
time be designated by the council. The voting places, as now
constituted, shall be so continued unless and until changed by the
council, but no change shall be made in any voting place within
thirty days next preceding any general election.

(a) First ward.

(1) Clark School Precinct. The Clark School Precinct of the
first ward shall embrace all territory in the first ward lying south
of the center line of the Chesapeake & Ohio Railway Company
right of way.

(2) Recreation Center Precinct. The Recreation Center
Precinct of the first ward shall embrace all territory in the first
ward lying north of the center line of the Chesapeake and Ohio
Railway Company right of way. The voting place for this precinct
shall be the former National Guard Armory now city recreation
center on East Market Street.

(b) Second ward.

(1) Lane High School Precinct. The Lane High School
Precinct of the second ward shall embrace all territory in the
second ward lying south of the center line of Rugby Avenue.

(2) Walker Junior High School Precinct. The Walker
Junior High School Precinct of the second ward shall embrace all
territory in the second ward lying north of the center line of
Rugby Avenue. The voting place for this precinct shall be the
Walker Junior High School.

(c) Third ward.

(1) Central Fire Station Precinct. The Central Fire Station
Precinct of the third ward shall embrace all the territory in the
third ward lying east of the line running along the center line of
9th Street, S. W.; thence south along the center line of 7½ Street,
S. W.; thence along an imaginary line south to the center line of
5th Street, S. W.; thence along the center line of 5th Street, S. W.
to the city limits.

(2) Johnson Precinct. The Johnson Precinct of the third ward
shall embrace all territory in the third ward lying west of the line
set forth in paragraph (1) above. The voting place for this precinct
shall be the United States Army Reserve Armory located at 1634
Cherry Avenue.

(d) Fourth ward.

(1) Venable School Precinct. The Venable School Precinct
of the fourth ward shall embrace all territory in the fourth ward
lying north of a line beginning at Main Street and 10th Street, N.
W.; thence along the center line of Main Street to its intersection
with Ivy Road; thence along the center line of Ivy Road to the city
limits.

(2) University Precinct. The University Precinct of the
fourth ward shall embrace all territory in the fourth ward lying
south of the line set forth in paragraph (1) above.

(e) Central absentee voter district. There is hereby established
a central absentee voter election district in the office of the
electoral board of the city in City Hall for the purpose of
receiving, counting and recording all absentee ballots in all
elections cast within the city. Such central absentee voter election
district shall receive, count and record all absentee ballots in
accordance with the requirements of section 24.1-233.1 and all
other applicable provisions of law. (Code 1959, § 1-13; 10-18-62;
1-18-72; 2-20-73; 8-19-74, § 1; 1-31-75, § 1.)

Sec. 1-14. Acceptance of certain building, electrical and
plumbing inspections.

Pending the implementation of Chapter 305, Acts of the
Assembly, 1970, the city manager is authorized to accept certified
inspections from any person deemed qualified by the city
manager for inspections required by chapters 7, 10 and 22.1 of
this Code with respect to the fabrication of industrialized building
units and mobile homes, as defined in the above-cited act, when
such units would otherwise require inspections by officials of this
city. (11-16-70.)

CHAPTER 2.

Administration.

Article I. Council.

Division 1. In General.

§ 2-1. Powers, duties and responsibilities generally.

§ 2-2. Members—Election; term.

§ 2-3. Repealed.

§ 2-4. Same—Oaths of office, etc.

§ 2-5. Organization meeting.

§ 2-6. Election of president, vice-president and president pro tempore; vacancies;
powers and duties generally.

§ 2-7. Meetings—Regular meetings.

§ 2-8. Same—Special meetings.

§ 2-9. Same—To be open; exception.

§ 2-10. Three members constitute quorum.

§ 2-11. Absence of quorum; compelling attendance of absent members.

§ 2-12. Punishing and expelling members.

§ 2-13. Vacancies in office of mayor or councilman.

§ 2-14. Disqualification of members for certain offices.

§ 2-15. Appointment, composition and term of finance committee; special
committees.

§ 2-15.1. Limitation on terms of members of boards and commissions.

§ 2-16. Powers and duties of finance committee.

§ 2-17. Witnesses before council, committees, etc.; production of books and
papers.

§ 2-18. Annual and special appropriations.

§ 2-19. Annual budget and levy.

Division 2. Rules of Order and Procedure.

§ 2-20. Adoption and suspension.

§ 2-21. Robert's Rules of Order.

§ 2-22. Duties of presiding officer.

§ 2-23. President to decide questions of order; appeal from decision.

§ 2-24. President to state questions and declare results.

§ 2-25. Members—Withdrawing without leave.

§ 2-26. Same—Conduct in addressing body.

§ 2-27. Same—Order of recognition by the president.

§ 2-28. Same—Number and length of speeches.

§ 2-29. Same—How called to order.

§ 2-30. Same—Conduct while council sitting.

§ 2-31. Nonmembers addressing council.

§ 2-32. Communications to be in writing.

§ 2-33. Motions, etc. — To be in writing; stating before discussing; withdrawing.

§ 2-34. Same—Admitting under color of amendment.

§ 2-35. Same—Order of procedure.

§ 2-36. Same—To reconsider.

§ 2-37. Same—When motion to adjourn in order.

§ 2-38. Previous question—Motion for.

§ 2-39. Same—How put.

§ 2-40. Majority vote to govern unless otherwise provided.

§ 2-41. Aye and no vote.

§ 2-42. Dissent or protest.

§ 2-43. Committees—Reports—When made.

§ 2-44. Same—Same—Form.

§ 2-45. Same—Meetings; chairman; quorum.

§ 2-46. Calendar of unfinished business.

§ 2-47. General order of business.

§ 2-48. Special order of business.

§ 2-49. Reconsidering or rescinding vote at special meetings.

§ 2-50. Voting at elections.

§ 2-51. Same—Members failing to vote; disqualifications.

Division 3. Ordinances and Resolutions.

§ 2-52. Style of ordinances and resolutions.

§ 2-53. Procedure in enacting general ordinances.

§ 2-54. To be in writing.

§ 2-55. Repealing and amending ordinances.

§ 2-56. Filling blanks involving money or time.

§ 2-57. Ordinances passed subsequent to adoption of Code.

§ 2-58. Effective date.

§ 2-68. Keeping minute book and ordinance book.

§ 2-69. Publication of synopsis of budget and notice of hearings.

Article II. Mayor.

§ 2-70. Powers and duties generally.

§ 2-71. Suspension or removal of subordinate officers.

§ 2-72. Removal from office.

§ 2-73. Vacancy in office.

Article III. City Manager.

§ 2-74. Election; term; compensation; removal.

§ 2-75. Powers and duties generally.

§ 2-76. Officers appointed by city manager.

§ 2-77. Creation, consolidation and abolition of departments.

§ 2-78. Custody of city property.

§ 2-79. Insuring city buildings.

§ 2-80. Preparing and keeping maps and records.

§ 2-81. Inspection of poles carrying wires; defective and dangerous
poles.

Article IV. City Treasurer.

Division 1. In General.

§ 2-82. Election; term; oath.

§ 2-83. Office.

§ 2-84. Compensation.

§ 2-85. Custodian of funds.

§ 2-86. Custodian of bonds, notes, etc.

§ 2-87. Books, stationery and equipment.

§ 2-88. Record of receipts and disbursements.

§ 2-89. Manner of making disbursements.

§ 2-90. Inspection of records, etc.

§ 2-91. Placing funds on certificates of deposit, etc.

§ 2-92. City depositories.

§ 2-93. Receipt and disbursement of school funds.

§ 2-94. Daily reports.

§ 2-95. Wages of officers or employees indebted to city.

Division 2. Collection of Taxes.

§ 2-96. Duty of treasurer.

§ 2-97. Mailing bills to taxpayers.

§ 2-98. Tax tickets.

§ 2-99. Right of distress, levy, lease and garnishment.

§ 2-100. Sale after levy or distraint.

§ 2-101. When taxes due.

§ 2-102. Penalties.

§ 2-103. Calling on persons failing to pay taxes; collection by distress,
etc.

§ 2-104. Persons about to leave city.

§ 2-105. Lists of uncollectible taxes and delinquents to be made out.

§ 2-106. Delinquent lists to speak as of June thirtieth; form; oath.

§ 2-107. Submission of delinquent lists to council; allowance of credit
to treasurer, etc.

§ 2-108. Publication of lists of delinquent real estate and personal property
taxes.

§ 2-109. Transmitting list of delinquent lands to clerk of corporation
court; recordation; reports of collections.

§ 2-110. Continuing collection of delinquent taxes for one year.

§ 2-111. Resubmission of delinquent lists to council; subsequent collections.

§ 2-112. Sale of delinquent lands.

Article V. Director of Finance.

§ 2-113. Election; term.

§ 2-114. Powers and duties generally.

§ 2-115. Books, etc.; suggestions to council; reports generally.

§ 2-116. Employment of personnel.

§ 2-117. Collection of revenues; keeping accounts; delivery of money
to treasurer.

§ 2-118. Collection of gas and water bills; list of delinquents; cutting
off supply.

§ 2-119. Monthly reports of receipts and disbursements.

§ 2-120. Preparation and publication of quarterly reports.

§ 2-121. Annual reports.

§ 2-122. Examination of claims; warrants generally.

§ 2-123. Warrants for salaries and wages; checks to employees; deductions.

§ 2-124. Fixing payday.

Article VI. City Attorney.

§ 2-125. Appointment; qualifications; term; residency requirement.

§ 2-126. Powers and duties generally.

§ 2-127. Accounting for and paying over city funds.

§ 2-128. Reports.

§ 2-129. Attendance at meetings of council and committees.

§ 2-130. Drafting resolutions and ordinances; inspection of journal and
ordinance book.

§ 2-131. Salary to be in full compensation for services; traveling expenses.

Article VII. City Purchasing Agent.

§ 2-132. Appointment.

§ 2-133. Powers and duties generally.

§ 2-134. Purchases made only upon agent's order; exception.

§ 2-135. Requisitions for supplies.

§ 2-136. Appropriation prerequisite to furnishing supplies.

§ 2-137. Authority to secure bids; specifications to bidders.

§ 2-138. Sales of material and personal property.

Article VIII. Attorney for the Commonwealth.

§ 2-139. Term, duties and compensation generally.

§ 2-140. Additional duties.

§ 2-141. Calling upon city attorney for assistance.

Article IX. Commissioner of Revenue.

§ 2-142. Election; city assessor; vacancy in office; bond.

§ 2-143. Compensation.

§ 2-144. When to begin duties.

§ 2-145. Duties generally; office; books and papers.

§ 2-146. Books, forms, etc., to be used; city to furnish books, forms, stationery,
etc.

§ 2-147. Assessment of personal property — Listing governed by state law.

§ 2-148. Same — Lists of valuations; personal property used in connection with
business, etc.

§ 2-149. Same — Revaluation of property.

§ 2-150. Same — Penalty for failure to make return or refusal to exhibit property

§ 2-151. State law followed as to personal property books.

§ 2-152. Licenses and license taxes — Assessing and issuing.

§ 2-153. Same — Penalty for failure to pay when due.

§ 2-154. Same — Commissioner to report delinquents to city manager.

§ 2-155. Same — City manager to cause delinquents to be summoned before
court.

Article X. Sinking Fund Commission.

§ 2-156. Members.

§ 2-157. President and secretary; keeping journal; preserving books and papers.

§ 2-158. City treasurer to keep account and be custodian of funds.

§ 2-159. Setting apart sinking fund.

§ 2-160. Investment of funds; redemption of city debt.

§ 2-161. Annual report.

§ 2-162. Disbursements.

§ 2-163. Opening safety deposit box.

Article XI. Real Estate Assessment.

§ 2-164. Annual assessment.

§ 2-165. Assessor of real estate — Office created; appointment; salary; term of
office; qualifications.

§ 2-166. Same — Employees; annual budget; purchases.

§ 2-167. Same — Powers and duties.

§ 2-168. Same — Removal.

§ 2-169. Time of making assessments; land book.

§ 2-170. Right of assessor to examine witnesses, obtain information, etc.; refusal
to supply information or permit inspection.

§ 2-171. Notice of change in assessment.

§ 2-172. Clerk to furnish lists of real estate transfers to assessor.

§ 2-172.1. Board of equalization — Membership; appointment and qualifications
of members.

§ 2-172.2. Same—Term of office of members; filling of vacancies.

§ 2-172.3. Same—Compensation and expenses of members.

§ 2-172.4. Same—Powers and duties.

§ 2-172.5. Same—Hearings before assessor and board of equalization.

§ 2-172.6. Right of appeal to corporation court.

Article XII. Airport Commission.

§ 2-173. Creation; composition; appointment, terms and compensation of
members.

§ 2-174. Officers; minutes of meetings.

§ 2-175. Vacancies.

§ 2-176. Powers and duties generally.

§§ 2-177, 2-178. Repealed.

Article XIII. Officers and Employees Generally.

§ 2-179. Officers elected by council; term; vacancies.

§ 2-180. Authority of officers appointed by council.

§ 2-181. Compensation fixed by council; traveling expenses; officers in arrears or
default.

§ 2-181.1. Repealed.

§ 2-182. Appointment of substitute during inability to serve.

§ 2-183. Removal by mayor or council.

§ 2-184. Salary of suspended officer.

§ 2-185. Absence from city of superintendents of departments.

§ 2-186. Bonds.

§ 2-187. Same—Failure to give.

§ 2-188. Same—Report by finance committeee; bonds filed with clerk of the
council.

§ 2-189. Reports to city manager.

§ 2-189.1. Legal holidays.

§ 2-189.2. Creation of personnel department.

§ 2-189.3. Director of personnel.

§ 2-189.4. Personnel appeals board—Generally.

§ 2-189.5. Same—Powers and duties; appeals by employees to board.

§ 2-189.6. Employee classification plan.

§ 2-189.7. Employee pay plan—Generally.

§ 2-189.8. Same—Changes.

§ 2-189.9. Same—Interpretation.

§ 2-189.10. Administrative personnel regulations.

§ 2-189.11. Equal employment opportunity.

Article XIV. Beautification Commission.

§ 2-190. Established; name.

§ 2-191. Bylaws.

Article XV. Retirement Plan Commission.

§ 2-192. Membership; purpose.

§ 2-193. President and secretary; keeping of journal; preserving
of books and papers.

§ 2-194. City treasurer to keep account and be custodian of funds.

§ 2-195. Setting apart funds for retirement plan.

§ 2-196. Investment of funds.

§ 2-197. Annual report to council.

§ 2-198. Disbursements.

§ 2-199. Opening safety deposit box.

Article XVI. Supplemental Retirement or Pension Plan.

§ 2-200. Definitions.

§ 2-201. Established; effective date; name.

§ 2-202. Contributions by employees not required; amount of social security
payments to be deducted from benefits.

§ 2-203. Benefits from police, fire, etc., benefit associations in addition to benefits
under article.

§ 2-204. Benefits not affected by employment after retirement.

§ 2-205. Minimum length of service prior to retirement.

§ 2-206. Applicability of plan; retirement age; reduced benefits for retirement at
sixty-two; retirement of certain employees over sixty-two may be
requested.

§ 2-207. Basis for retirement pay.

§ 2-208. Retirement pay rates.

§ 2-209. Disability retirement after ten years service.

§ 2-210. Commencement date of retirement pay.

§ 2-211. Withholding from benefits for taxes.

§ 2-212. Continuation of employment after age sixty-five.

§ 2-213. Employees not having ten years of service at age sixty-five.

§ 2-214. Employment after sixty-five deemed temporary.

§ 2-215. Increase or decrease in retirement pay.

§ 2-216. When employees not eligible for retirement pay.

§ 2-217. Applicability of article to previous retirants.

§ 2-218. Early retirement for police and firemen.

§ 2-219. Right of council to make changes of policy; waiver of strict application of
policy.

Article XVII. Official Safety Program.

§ 2-220. Duties of departments, officers and organizations.

Article XVIII. Social Development Commission.

§ 2-221. Established; purpose.

§ 2-222. Composition, appointment and terms.

§ 2-223. Removal from office.

§ 2-224. Meetings.

§ 2-225. Officers.

§ 2-226. Powers and duties.

Article I. Council.

Division 1. In General.

Sec. 2-1. Powers, duties and responsibilities generally.[9]

In addition to the powers, duties and responsibilities set out in
this article, the city council shall exercise such powers, perform
such duties, and assume such responsibilities as are provided by
the Charter of the city and the Constitution and laws of Virginia.
(Code 1959, § 2-1.)

Sec. 2-2. Members—Election; terms.[10]

The city council shall be composed of five members, to be
elected at large from the qualified voters of the city as provided
by section 5 of the Charter. Their terms of office shall be four
years; except, that all elections to fill vacancies shall be for the
unexpired terms. (Code 1959, § 2-2.)

Sec. 2-3. Repealed by Ordinance adopted July 15, 1974.

Sec. 2-4. Same—Oaths of office, etc.[11]

Each councilman shall, before entering upon the duties of
his office, take oath as prescribed for councilmen by the laws
of Virginia and qualify before the corporation court, or the
judge thereof in vacation, a certificate of which shall be filed
with the clerk of the council, who shall enter the same upon
the journal thereof. If any councilman shall fail to qualify
as aforesaid, for ten days after the commencement of the term
for which he was elected, his office shall be deemed vacant.
(Code 1959, § 2-4.)

Sec. 2-5. Organization meeting.

The city council shall meet for organization on the first day
of September after their election (unless that day is a Sunday
or a legal holiday, in which case they shall meet on the following
day), but in case of unavoidable absence from such meeting
of any member elect, it shall be competent to adjourn
the meeting from time to time as the city council may deem
proper. (Code 1959, § 2-5.)

Sec. 2-6. Election of president, vice-president and president
pro tempore; vacancies; powers and duties generally.[12]

The city council shall, at its first meeting in September after
the regular biennial election of councilmen, or as soon thereafter
as practicable, elect one of its members president, who
shall continue in office two years. If a vacancy occurs in the
office before the end of the term, such vacancy shall be filled
as provided by section 2-13. The president of the city council
shall be the mayor of the city, without veto power.

At the same time, the city council shall elect one of its members
to be vice-president, who shall continue in office two years.
If a vacancy occur in the office before the end of his term,
such vacancy shall be filled as provided by section 2-13.

The president shall preside at the meetings of the city council
and when, from any cause, he shall be absent, the vice-president
shall preside. In the absence of both, a president pro
tempore may be elected.

The president, vice-president or president pro tempore,
whichever shall preside when the proceedings of the previous
meeting are read, shall sign the same.

He may call any member to the chair, who shall exercise
its functions for the time, and during such substitution he
may participate in the debates.

The vice-president, in the absence of the president and while
acting as president, shall be vested with all the rights and
duties of the president.

The president or vice-president, as the case may be, shall
be entitled to 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. (Code 1959, § 2-6.)

Sec. 2-7. Meetings—Regular meetings.[13]

The city council shall hold its regular meetings at the customary
place for such meetings, or at such other place in the
city as may be designated by the president of the city council,
on the first and third Mondays of each month at such hour
as may be agreed upon (unless such day be a legal holiday,
in which event such meeting shall be held on the day following).
(Code 1959, § 2-7.)

Sec. 2-8. Same—Special meetings.[14]

The president of the city council or the vice-president, if acting
in his stead, or any three members of the city council, may
call a special meeting of the city council at any time upon at
least five hours' written notice to each member, served personally
or left at his usual place of business or residence. But
special meetings may be held at any time without notice, provided
all members of the city council attend and unanimously
consent to the transaction of all business transacted thereat.

Every call for a special meeting shall specify the object
thereof, and no business shall be transacted at a special meeting
except that for which it shall have been called, unless by
a unanimous consent. (Code 1959, § 2-8.)

Sec. 2-9. Same—To be open; exception.[15]

The city council shall be open except when, by a recorded
vote of two-thirds of those members present, it declares that
the public welfare requires secrecy, in which case it shall go
into executive session. (Code 1959, § 2-9.)

Sec. 2-10. Three members constitute quorum.[16]

Three members of the city council shall constitute a quorum
for the transaction of ordinary business. (Code 1959, § 2-10.)

Sec. 2-11. Absence of quorum; compelling attendance of absent
members.[17]

If a quorum fails to attend a meeting of the city council
within a half hour after the appointed time for such meeting,
those present may adjourn to such time as they deem proper,
after the names of those present shall have been entered on
the journal.

At such meeting, two or more members shall have authority
to compel the attendance of absent members by a process in
writing signed by them and addressed to any policeman, directing
him to summons such absent members at the time and
place to which the meeting shall have been adjourned. Any
member refusing to obey such summons may be fined by a
four-fifths vote of the city council in a sum not less than five
dollars nor more than twenty-five dollars. (Code 1959, § 2-11.)

Sec. 2-12. Punishing and expelling members.[18]

The council may, by a majority vote of its whole number,
punish one of its own members for disorderly behavior by a
fine not exceeding three hundred dollars and, by a two-thirds
vote of its whole number, expel a member of its own body
for malfeasance or misfeasance in office. Fines imposed under
this section shall be collected in such manner as fines imposed
by the judge of the municipal court. (Code 1959, § 2-12.)

Sec. 2-13. Vacancies in office of mayor or councilman.[19]

Whenever, from any cause, a vacancy shall occur in the office
of mayor, it shall be filled by the city council. A vacancy
in the office of councilman shall be filled by the city council at
its next regular meeting, from the qualified electors of the city.
The officer thus elected shall hold office for the term for which
his predecessor was elected, unless sooner vacated by death,
resignation, removal or from other causes. An entry of such
election shall be made in the journal. If the mayor or a councilman
shall remove his residence from the city limits, such
removal shall operate to vacate his office. (Code 1959, § 2-13.)

Sec. 2-14. Disqualification of members for certain offices.

No member of the city council shall be eligible during his
tenure of office, or for one year thereafter, to any office to be
filled by the city council either by election or appointment.
(Code 1959, § 2-14.)

Sec. 2-15. Appointment, composition and term of finance committee;
special committees.

The president of the city council shall, within ten days after
the organization of the city council, appoint the finance committee,
consisting of three members, to continue for a term
of two years. The president of the city council shall also appoint
all special committees unless otherwise ordered by the
city council. Vacancies on committees shall be filled in like
manner. (Code 1959, § 2-15.)

Sec. 2-15.1. Limitation on terms of members of boards and
commissions.

Unless otherwise provided, no person shall be appointed by
council to any board or commission for more than two complete
terms. (9-18-72.)

Sec. 2-16. Powers and duties of finance committee.[20]

The finance committee shall investigate and report to the

city council as to all matters relating to the finances, debts,
revenues and assets of the city. After approval by the city council,
such committee shall have power to borrow money in the name of
"the finance committee of the City of Charlottesville," signed by
all the members of the committee. The finance committee shall
approve all surety bonds of city officials and employees, as
provided for by sections 2-186 to 2-188. (Code 1959, § 2-16.)

Sec. 2-17. Witnesses before council, committees, etc.;
production of books and papers.[21]

The city council, or any committee or officer of the city, when
specially authorized by the city council, shall have the power to
require the attendance of any person as a witness and the
production by any person of all proper books and papers, when, in
any investigation by such body, such attendance and investigation
is necessary and proper. Summons to attend as a witness or to
produce books and papers shall be in writing, signed by the
presiding officer of the city council, and shall be served by a
member of the police force in the same manner as a process to
commence an action at law. Such witnesses shall be sworn by the
officer presiding at the investigation, and shall be liable to the
penalties for perjury or false testimony at such investigation. Any
person failing or refusing to obey such summons, and refusing to
testify, or produce such books or papers, may be summoned
before the judge of the municipal court and upon failure to give
satisfactory excuse shall be fined not exceeding one hundred
dollars or imprisoned not exceeding thirty days. A person found
guilty under this section and fined shall have a right of appeal to
the corporation court of the city. (Code 1959, § 2-17.)

Sec. 2-18. Annual and special appropriations.

As soon as practical after the first day of July in each year, the
city council shall make an annual appropriation covering all fixed
expenditures provided for in the annual budget, which are
approved. All other appropriations shall be deemed special
appropriations. (Code 1959, § 2-18.)

Sec. 2-19. Annual budget and levy.[22]

The city council shall cause to be prepared by the city manager
an annual budget containing all proposed expenditures and
estimated revenues and borrowing for the ensuing year, and at
least thirty days thereafter shall order a city levy as provided for
by state law and sections 14, 19 and 20 of the city Charter and
amendments thereto. The city council shall adopt or approve the
annual budget and shall make such city levy prior to April
fifteenth in each year. (Code 1959, § 2-19; 11-14-73, § 1.)

Division 2. Rules of Order and Procedure.

Sec. 2-20. Adoption and suspension.[23]

The city council shall determine the rules of its proceedings,
except so far as the same are determined by the Constitution
and laws of the state and the Charter of the city.

The rules of order and procedure of the city council, with the
right of the body to suspend the same by a four-fifths vote,
shall be as set out in this article.

No rule adopted by the city council shall be suspended except
by the consent of four members. Suspension of the rules may
be made by a motion. (Code 1959, § 2-20.)

Sec. 2-21. Robert's Rules of Order.

The proceedings of the city council, except as its own rules may
otherwise provide, shall be governed by Robert's Rules of Order.
(Code 1959, § 2-21.)

Sec. 2-22. Duties of presiding officer.

The presiding officer shall enforce the rules of the city council,

preserve order and decorum, appoint all committees not
otherwise provided for and discharge such other duties as
appertain to his office. (Code 1959, § 2-22.)

Sec. 2-23. President to decide questions of order; appeal from
decision.

The president shall decide questions of order and may, without
vacating his chair, give his reasons for his decisions.

From any decision of the chair an appeal may be made to
the city council, the question being, "Shall the decision of the
chair be sustained as the decision of the council?"

Upon such appeal no debate shall be allowed if it refers to
a question of decorum, but if it relates to the priority of business,
or to relevancy or applicability of propositions, the appeal
may be debated. (Code 1959, § 2-23.)

Sec. 2-24. President to state questions and declare results.

Questions shall be distinctly put in the following form,
namely, "As many as agree that, etc., etc. (as case may be),
say `aye'," and after the affirmative vote is given, "Those opposed,
say `no'." The president shall declare all votes. (Code
1959, § 2-24.)

Sec. 2-25. Members—Withdrawing without leave.

After a member, at any meeting, has been recorded as
present, he shall not, without permission of the city council,
absent himself from such meeting until its adjournment.
(Code 1959, § 2-25.)

Sec. 2-26. Same—Conduct in addressing body.

Every member shall confine himself to the question before
the city council and avoid all personal or indecorous language.
No discussion of a sectarian or political nature shall be allowed.
No member shall interrupt another while speaking,
except to make a point of order, the point to be briefly stated
to the presiding officer. (Code 1959, § 2-26.)

Sec. 2-27. Same—Order of recognition by the president.

When two members rise at the same time, the president
shall name the one to speak; but in all cases, the member
first arising and addressing the chair shall speak first. (Code
1959, § 2-27.)

Sec. 2-28. Same—Number and length of speeches.

No member shall speak more than once on the same question
until every member choosing to speak shall have done so,
nor more than twice, nor for a longer time than fifteen minutes
on any question without the permission of the city council.
(Code 1959, § 2-28.)

Sec. 2-29. Same—How called to order.

If, in speaking, any member shall transgress the rules of
the city council, the president shall call him to order. If there
is no appeal, the decision of the chair shall be submitted to.
If the decision is in favor of the member called to order, he
may proceed; if otherwise, he shall not proceed except by leave
of the city council. (Code 1959, § 2-29.)

Sec. 2-30. Same—Conduct while council sitting.

No member shall, while the city council is sitting, interrupt
or hinder its business by standing up, moving about, talking,
expressing approval or disapproval of any of the proceedings
or by any other conduct tending to disorder or confusion.
(Code 1959, § 2-30.)

Sec. 2-31. Nonmembers addressing council.

No person who is not a member of the city council shall
orally address it, until leave to do so has been applied for
through a member of the city council and granted by it, or
until invited so to do by the presiding officer. (Code 1959, § 231.)

Sec. 2-32. Communications to be in writing.

No communication, petition or request to the city council
shall be entertained unless the same be in writing, which shall
be filed with the clerk of the council. (Code 1959, § 2-32.)

Sec. 2-33. Motions, etc.—To be in writing; stating before discussing;
withdrawing.

Every motion or proposition, except such as are subsidiary
or incidental, shall be in writing and shall be filed with the

clerk of the council. When a motion is made and seconded, it
shall be stated by the president before it is debated. A motion
or proposition may be withdrawn by the mover, with consent
of the second, at any time before it is decided, amended or
otherwise acted upon by the city council. (Code 1959, § 2-33.)

Sec. 2-34. Same—Admitting under color of amendment.

No motion, proposition, or subject different from that under
consideration shall be admitted under color of amendment.
(Code 1959, § 2-34.)

Sec. 2-35. Same—Order of procedure.

When a question is under debate no motion shall be entertained
unless specially provided for, except the following,
which shall take precedence in the order given:

1. To adjourn, to be made without preliminary remarks and
decided without debate.

2. To lay on the table, to be decided without debate.

3. For the previous question, to be decided without debate.

4. To postpone, either indefinitely, or to a day or hour certain.

5. To refer or recommit.

6. To substitute or amend.

7. To adopt or approve.

(Code 1959, § 2-35.)

Sec. 2-36. Same—To reconsider.

In all cases a motion to reconsider will be entertained only
when made by a member who voted with the prevailing side.
A majority of those present can reconsider any vote, but the
motion to do so shall be made at the same session of the council
during which such vote was taken. A motion to reconsider
shall have precedence of all other questions, and when it has
once been put and lost, it shall not be renewed. This rule, however,
is subject to section 2-49. (Code 1959, § 2-36.)

Sec. 2-37. Same—When motion to adjourn in order.

A motion to adjourn shall always be in order except when
a member has the floor, when the city council is engaged in

voting, when the previous question has been ordered or when
the motion to adjourn has been put and lost and no other business
has intervened. (Code 1959, § 2-37.)

Sec. 2-38. Previous question—Motion for.

Any member who obtains the floor during the debate and
submits no other motion or remark may move for the previous
question, which motion, if seconded, shall forthwith be
put to the city council. If the motion for the previous question
be not carried, debate may continue as if the motion had not
been made. (Code 1959, § 2-38.)

Sec. 2-39. Same—How put.

The previous question shall be in this form: "Shall the
main question now be put?" If carried, its effect shall be to
end all debates and bring the council to a direct vote upon
a motion to commit, if pending; then upon pending amendments,
if any; and then upon the main question. (Code 1959,
§ 2-39.)

Sec. 2-40. Majority vote to govern unless otherwise provided.

In all matters pending before the city council, a majority
shall govern except in cases where it is otherwise specially
provided. (Code 1959, § 2-40.)

Sec. 2-41. Aye and no vote.

On the call of any member of the city council, the vote on
any question may be taken by ayes and noes and recorded, provided
the demand be made before other business has been
taken up. (Code 1959, § 2-41.)

Sec. 2-42. Dissent or protest.

Any member shall have the liberty to dissent from or protest
against any ordinance, resolution or order of the city
council and have the reason of his dissent entered upon the
record. (Code 1959, § 2-42.)

Sec. 2-43. Committees—Reports—When made.

Every committee shall, unless otherwise ordered, report at

the next regular meeting upon the subject matter referred to
it or show good cause why such report is not made. (Code
1959, § 2-43.)

Sec. 2-44. Same—Same—Form.

The reports of a committee shall be in writing, signed by
at least two members, and the papers referred, as well as
all written opinions in reference thereto from the city attorney,
shall be returned with the reports. (Code 1959, § 2-44.)

Sec. 2-45. Same—Meetings; chairman; quorum.

The members of a committee shall meet on the call of the
chairman, who shall be the first named person on the committee.
In the absence of the chairman, the person named
second on the committee shall be recognized as chairman.
A majority shall constitute a quorum for the transaction of
business. (Code 1959, § 2-45.)

Sec. 2-46. Calendar of unfinished business.

A calendar of all new, referred and deferred petitions and
communications to the city council shall be kept by the clerk
of the council and copies shall be furnished by him to the
members of the city council, city attorney and city manager
at least six hours prior to each meeting of the city council at
such time as notice is given. (Code 1959, § 2-46.)

Sec. 2-47. General order of business.

At every regular meeting of the city council, the order of
business shall be as follows:

1. Call to order.

2. Opening ceremonies.

3. Roll call.

4. Approval of minutes of preceding meetings, not already
approved. When texts of minutes have been furnished all
members of council and have been read by them, the formal
reading aloud may, on motion of any member, be dispensed
with, and the minutes approved.

5. Petitions and communications. After their purport has
been briefly stated by the member offering same, the city
council may consider the same or otherwise dispose of them.

6. Reports and communications from city officers, including
financial statements.

7. Reports of committees.

8. Offering of original resolutions, orders and ordinances.

9. Ordinances for second reading.

10. Miscellaneous and unfinished business.

The order of business shall not be departed from except by
unanimous consent. (Code 1959, § 2-47; 6-21-71.)

Sec. 2-48. Special order of business.

When any matter is made the special order for a future
meeting, it shall at such meeting take priority of all other
business except the reading of the minutes of the last meeting.
(Code 1959, § 2-48.)

Sec. 2-49. Reconsidering or rescinding vote at special meetings.[24]

No vote of a former meeting of the city council shall be reconsidered
or rescinded at a special meeting unless there be
then present as many members as were present when such vote
was taken, and three-fifths of all members present vote in
favor thereof. (Code 1959, § 2-49.)

Sec. 2-50. Voting at elections.

At all elections by the city council each member shall be
entitled to one vote. Only one person shall be elected at a time,
except with the consent of all members present. If, on any
vote, no one receives a majority of all the votes, the name of
the person receiving the smallest number of votes shall be
dropped and shall not again be put in nomination until a vote
intervenes.

At each election the roll shall be called by the clerk in alphabetical
order and each member shall vote when his name is
called, unless excused or disqualified by section 2-51. (Code
1959, § 2-50; 6-21-71.)

Sec. 2-51. Same—Members failing to vote; disqualifications.

A member of the city council who is present and fails to vote

when the "ayes" and "noes" are taken shall be entered on the
journal as present and not announcing his vote but no member
who has an immediate personal or pecuniary interest in
the result of the question shall either vote or be counted upon
it. (Code 1959, § 2-51.)

Division 3. Ordinances and Resolutions.[25]

Sec. 2-52. Style of ordinances and resolutions.

The style in which ordinances shall be enacted by the council
shall be as follows: "Be it ordained by the Council of the
City of Charlottesville," and that in which resolutions shall
be passed shall be, "Be it resolved by the Council of the City
of Charlottesville." (Code 1959, § 2-52.)

Sec. 2-53. Procedure in enacting general ordinances.[26]

No general ordinance shall be passed by the city council on
the same day of its introduction, nor shall any such ordinance
be valid unless at least three days intervene between its introduction
and passage; provided, that by a four-fifths vote of
the city council, a general ordinance may be passed on the
same date of its introduction and be valid; provided further,
that any zoning ordinance or amendment to the zoning ordinance
may be passed at the same meeting at which a public
hearing on such zoning ordinance or amendment to the zoning
ordinance is held. (Code 1959, § 2-53; 2-4-63.)

Sec. 2-54. To be in writing.

Every proposed ordinance and resolution having the effect
of an ordinance shall be in writing. (Code 1959, § 2-54.)

Sec. 2-55. Repealing and amending ordinances.

No ordinance shall be amended or repealed except by an
ordinance regularly introduced and adopted. (Code 1959, § 255.)

Sec. 2-56. Filling blanks involving money or time.

In filling blanks in ordinances or resolutions involving
money or time, the question shall be put first upon the largest
sum or longest time. (Code 1959, § 2-56.)

Sec. 2-57. Ordinances passed subsequent to adoption of Code.

Each ordinance passed subsequent to the adoption of this
Code shall as far as practical be numbered in accordance with
the numbering of sections in this Code. If such ordinance
repeals a part of this Code, the same shall be given the number
of the repealed section. If such ordinance amends or reenacts
a part of this Code, the same shall be given the same
number as the section amended or re-enacted. (Code 1959, § 257.)

Sec. 2-58. Effective date.

Every ordinance shall take effect from the date of its passage
unless otherwise provided. (Code 1959, § 2-58.)

Sec. 2-59. Appropriating money, imposing taxes, etc.

For every ordinance or resolution appropriating money exceeding
one hundred dollars, imposing or releasing taxes, authorizing
the borrowing of money, creating a debt or donating
any property of the city, where the value of such property is
one hundred dollars or more, a vote of a majority of all members
elected to the council shall be necessary and the "ayes"
and "noes" shall be entered on the journal of the council.

No ordinance or resolution appropriating money exceeding
the sum of one thousand dollars, imposing taxes or authorizing
the borrowing of money shall be passed by the city council
on the same day of its introduction, nor shall any such
ordinance or resolution be valid unless at least three days
intervene between its introduction and passage, but this paragraph
shall not apply to the annual appropriations as provided
in section 2-18.[27] (Code 1959, § 2-59; 5-7-51; 7-6-64.)

Sec. 2-60. Appropriating money in excess of annual appropriation.

No money shall be expended on any department of the city

government beyond the amount estimated in the budget for
such department in the general appropriation ordinance for
the fiscal year unless such expenditure be authorized by the
recorded vote of three-fifths of all the members elected to the
city council. (Code 1959, § 2-60.)

Sec. 2-61. Appropriating money for improvements outside
city.

No ordinance or resolution appropriating money for the
purpose of improving streets, airports and bridges located
outside of the city shall be passed by the city council except
by a recorded affirmative vote of four-fifths of all members
elected to the city council. (Code 1959, § 2-61.)

Sec. 2-62. Granting aid to various associations or to public
charity.

No ordinance or resolution granting aid to military, agricultural,
literary or benevolent associations or to the public
charity shall be passed except by the vote of three-fifths of
the members elected to the city council. (Code 1959, § 2-62.)

Sec. 2-63. Disposition of public property; granting franchise.[28]

No ordinance or resolution granting, leasing, selling or
otherwise disposing of any public property or franchise shall
be valid unless the same be passed by the council by a recorded
affirmative vote of three-fourths of all members elected
to the city council.

No franchise, lease or right of any kind to the use of any
such public property in a manner not permitted to the general
public shall be granted for a period of over thirty years.
Before granting such franchise or privilege for a term of
thirty years, except for a trunk railway, bids therefor shall
be advertised once a week for four successive weeks in a
newspaper published in the city. Such grant, and any contract
in pursuance thereof, may provide that upon the termination
of the grant, the plant, as well as the property, if
any, of the grantee in the streets, avenues and other public

places, shall thereupon, without compensation to the grantee,
or upon the payment of a fair valuation therefor, be and
become the property of the city, but that the grantee shall
be entitled to no payment by reason of the value of the franchise.
Every such grant shall specify the mode of determining
any valuation therein provided for and shall make adequate
provision by way of forfeiture of the grant, or otherwise,
to secure efficiency of public service at reasonable rates
and the maintenance of the property in good order throughout
the term of the grant.

All persons to whom privileges or franchises have been or
may be granted by the city council shall pay in advance for the
printing and advertising of all ordinances granting such privileges
or franchises after the approval thereof and all of such
printing shall be done under the supervision and direction of
the clerk of the council.

The rights of the city in its gas, water, electric works and
sewer system, now owned or hereafter acquired, shall not be
sold even after such action of the council as is prescribed in
the first paragraph of this section, 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 27 of the Charter applicable to a special election.
(Code 1959, § 2-63.)

Division 4. Clerk of the Council.[29]

Sec. 2-64. Election; duties generally.[30]

The city council shall elect a clerk, whose duty it shall be to
attend every meeting of the city council and keep an accurate
record of its proceedings. The clerk of the council shall file
and preserve all written opinions furnished by the city attorney
to the city council or its committees, a copy of every contract
entered into by the city and such other papers and books

as may come into his hands as clerk. He shall also supervise
the printing of all official reports and ordinances that may
be ordered by the city council to be printed and generally perform
all such duties as properly appertain to his office or may
hereafter be required of him by the city council. (Code 1959,
§ 2-64.)

Sec. 2-65. Keeping of books and documents; inspection and
exhibition.[31]

The clerk of the council shall keep a journal of its proceedings
and all resolutions and permanent contracts which shall
be spread therein except as otherwise provided. He shall also
keep 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 open
to public inspection. All matter spread upon the journal and
ordinance book shall be inspected by the city attorney before
the same is signed by the presiding officer. Other documents
or papers in possession of the clerk of the council which may
affect the interest of the city shall not, without special order
of the city council, its president or vice-president, be exhibited
nor copies thereof furnished to other persons than the committees
or city officials entitled thereto. (Code 1959, § 2-65.)

Sec. 2-66. Furnishing officers with ordinances and resolutions;
notifying certain persons of action by
council.

The clerk of the council shall, within forty-eight hours
after each session of the city council, furnish the officers or
heads of departments of the city a copy of every ordinance or
resolution specially pertaining to their respective departments;
provided, that copies of all ordinances making appropriations
or authorizing the payment of money shall be
furnished to the director of finance within twenty-four hours
after their passage. The clerk of the council shall notify persons
who have presented petitions or communications to the

city council, of the final action of that body in regard thereto,
within forty-eight hours after such action. He shall also notify
all persons elected to any office by the city council, of such
election. (Code 1959, § 2-66.)

Sec. 2-67. Calendar of petitions, etc., presented to council.

The clerk of the council shall keep a calendar of petitions
and other papers presented to the council, as provided by section
2-46. (Code 1959, § 2-67.)

Sec. 2-68. Keeping minute book and ordinance book.[32]

The clerk of the council shall enter upon the minute book
the introduction and passage of every ordinance and shall
spread upon the book of ordinances all duly adopted ordinances.
In all cases of repeal, amendment or re-enactment,
the clerk shall make notation on the ordinance book showing
cross references to the pages on which both the old and new
law is spread. (Code 1959, § 2-68.)

Sec. 2-69. Publication of synopsis of budget and notice of
hearings.

The clerk of the council shall cause to be published a synopsis
of the annual budget and notice of public hearings thereon
as provided by section 19 of the Charter. (Code 1959, § 2-69.)

Article II. Mayor.[33]

Sec. 2-70. Powers and duties generally.[34]

The mayor shall be the chief executive officer of the city
and shall advise with the city manager and supervise the
administration of the affairs of the city by the city manager.

He shall have power to investigate the acts of the city officers
and employees, have access to all books and documents
in their offices and may examine them and their subordinates
on oath. Evidence given by persons so examined shall not be
used against them in any criminal proceedings.

The mayor shall exercise a general supervision over all the
city's rights, franchises, properties and affairs, departments
and offices.

The mayor shall have all other powers and duties which
may be conferred upon him by ordinances or resolutions of
the city and by the laws of the state. (Code 1959, § 2-70.)

Sec. 2-71. Suspension or removal of subordinate officers.[35]

The mayor shall have the power to suspend any officer of
the city for proper cause and to remove such officers for misconduct,

malfeasance, misfeasance or nonfeasance in office.
No order of removal under this section shall be made until
the officer affected shall have been given reasonable notice of
the charge against him and an opportunity to be heard in
person or by counsel and to present testimony in his defense.
Such order shall specify the cause of removal and an appeal
shall lie therefrom, of right, to the corporation court of the
city. The mayor, when he has made such a suspension or
removal, shall report the facts, with the reasons for his action,
to the next regular meeting of the city council. (Code 1959, §
2-71.)

Sec. 2-72. Removal from office.[36]

The corporation court of the city may remove the mayor
from office for malfeasance, misfeasance or gross neglect of
official duty and such removal shall be deemed a vacation of
the office. All proceedings under this section shall be by order
of or by motion before such court, upon reasonable notice to
the party to be affected thereby, and with the right of the
mayor to an appeal to the supreme court of appeals. (Code
1959, § 2-72.)

Sec. 2-73. Vacancy in office.[37]

In the event of the death, resignation or removal of the
mayor, or his inability to discharge his duties from some other
cause, his place shall be filled and his duties shall be discharged
by the vice-president of the city council until another
mayor is elected and qualified or until such inability shall
cease. A vacancy in the office of the mayor shall be filled as
provided for in section 8 of the Charter. (Code 1959, § 2-73.)

Article III. City Manager.[38]

Sec. 2-74. Election; term; compensation; removal.

The city council shall elect, on September 1 of each even
numbered year or as soon thereafter as is practicable, for a
term of two years, a business manager, to be known as
city manager, at a salary to be fixed by the council. The city
manager may be removed from office by the city council at its
discretion. (Code 1959, § 2-74.)

Sec. 2-75. Powers and duties generally.

Subject to the supervision, direction and control of the city
council and mayor, the city manager shall:

(1) See that the laws, ordinances, resolutions and bylaws
of the city council are satisfactorily executed, except as hereinafter
provided.

(2) Keep the city council fully advised of the city's financial
condition and of its future financial needs and make such
reports upon the affairs of the city as may be required of him
by the city council.

(3) On or before the fifteenth day of March in each year,
the city manager shall prepare and submit to the city council a
tentative budget for the next fiscal year.[39] Such budget shall
contain a complete itemized and classified plan of all proposed
expenditures and all estimated revenues and borrowings for
the ensuing appropriation year and shall indicate thereon
which expense items are fixed expenditures. 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 and a
copy of the last director of finance's monthly report as provided
in section 2-119.

(4) Have full power to employ and discharge city employees
except as may be otherwise provided for by the city
council. He shall fix the salaries of all persons employed by
him whose yearly compensation is not more than four thousand
dollars. Where the compensation exceeds four thousand
dollars per year, it shall be fixed by the city council before
such person is employed.

(5) The city manager, under the direction of the mayor
and city council, shall be the executive officer for supervising
all the business affairs of the city, including the building,
maintenance and operation of all public works, necessary purchases
for the various departments and the work of the heads
of the various departments and city employees.

He shall give general supervision to all streets, grounds,
buildings, water and gas works, sewers and all other property
belonging to the city and shall cause to be made such surveys
and estimates as the city council or mayor may direct. (Code
1959, § 2-75.)

Sec. 2-76. Officers appointed by city manager.[40]

There shall be appointed by the city manager, with the
approval of the city council, such officers and heads of departments
as he may consider necessary for the proper conduct
of the affairs of the city under his management and for which
he is responsible. One or more of such positions may be held
and exercised by the same person. The officers so appointed
shall hold office at the will of the city manager. (Code 1959, §
2-76.)

Sec. 2-77. Creation, consolidation and abolition of departments.

The city manager may, in order to promote the efficient
operation of the affairs of the city under his management and

control, create new departments and consolidate or abolish
existing departments. (Code 1959, § 2-77.)

Sec. 2-78. Custody of city property.

Except as otherwise provided, the city manager shall have
charge and be custodian of all real and tangible personal
property of the city. (Code 1959, § 2-78.)

Sec. 2-79. Insuring city buildings.

The city manager shall keep all city buildings insured for
such amounts as may be approved by the finance committee.
(Code 1959, § 2-79.)

Sec. 2-80. Preparing and keeping maps and records.

The city manager shall cause to be kept on file as property
of the city all maps showing:

(1) The location of all public streets and the extent to
which they have been paved, macadamized or graded and the
grades of the same when established.

(2) The location and dimensions of all culverts, sewers
and water and gas mains.

He shall cause to be prepared and kept on file maps and
records of such improvements as may be made in the future.
He shall cause to be made and kept a record of the location
and dimensions of all sewers and water and gas mains not
shown on the existing maps and records, as the same may be
discovered. (Code 1959, § 2-80.)

Sec. 2-81. Inspection of poles carrying wire; defective and
dangerous poles.

The city manager shall cause to be made such inspections
as he may deem necessary of all telegraph, telephone and
other poles carrying wire, erected within the corporate limits
of the city, and if any pole be found to be defective or dangerous
from any cause, he shall notify the person owning such
pole and the owner shall forthwith replace the same with a
sound pole. If such owner neglects or refuses to replace such
defective pole within twenty-four hours after receiving such
notice, the person so offending shall be punished as provided
in section 1-5. (Code 1959, § 2-81.)

Article IV. City Treasurer.[41]

Division 1. In General.

Sec. 2-82. Election; term; oath.[42]

The city treasurer's election, term and oath shall be as fixed by
the state laws except as modified by the city council. (Code 1959,
§ 2-82.)

Sec. 2-83. Office.

The city treasurer shall keep his office in such place as is
provided for him by the city council. (Code 1959, § 2-83.)

Sec. 2-84. Compensation.[43]

The city treasurer shall receive compensation within the limits
provided by the statutes of the state. (Code 1959, § 2-84.)

Sec. 2-85. Custodian of funds.[44]

The city treasurer shall be custodian of all city funds and he
shall receive all taxes and other revenues and money which it is
his duty to collect from persons owing the same to the city, or
which it is the duty of other officers of the city to collect and pay
over to him. (Code 1959, § 2-85.)

Sec. 2-86. Custodian of bonds, notes, etc.

The city treasurer shall be the custodian of all bonds, notes,
choses in action and other like assets of the city. (Code 1959, § 286.)

Sec. 2-87. Books, stationery and equipment.

The city council shall, at the expense of the city, provide for the
city treasurer suitable books and stationery, appropriate cases
and other furniture for the safe and convenient keeping of all
books, documents and papers in his custody and also such other
office equipment and appliances, including typewriters and
adding machines, as in its judgment may be reasonably necessary
for the proper conduct of his office. (Code 1959, § 2-87.)

Sec. 2-88. Record of receipts and disbursements.

The city treasurer shall keep a record of all receipts and
disbursements in such manner as may be prescribed by the city
council and the director of finance. (Code 1959, § 2-88.)

Sec. 2-89. Manner of making disbursements.[45]

The city treasurer shall pay no money out of the treasury except
on the warrant of the director of finance. (Code 1959, § 2-89; 12-3170.)

Sec. 2-90. Inspection of records, etc.

All records, funds and accounts of the city shall be open to the
inspection of the mayor, members of the city council, director of
finance, city manager, city attorney and such other persons as
the city council may direct. (Code 1959, § 2-90.)

Sec. 2-91. Placing funds on certificates of deposit, etc.

When directed so to do by the chairman of the finance
committee, the treasurer shall place funds of the city on
certificates of deposit or interest-bearing deposit in any of the
banks of the city approved by the city council until such time as
said funds are necessary to meet the city's obligations. (Code 1959,
§ 2-91.)

Sec. 2-92. City depositories.

The funds of the city, including funds held by the treasurer,
as treasurer of the sinking fund commission, shall be deposited
to the credit of the city or to the credit of the sinking fund
commission, as the case may be, by the treasurer, in such banks as
the city council may direct and such banks shall secure such
deposits in such manner as the city council may determine. The
sufficiency of securities deposited by such banks to secure such
deposits shall be subject to the approval of a committee consisting
of the finance committee, the director of finance and the
treasurer. (Code 1959, § 2-92.)

Sec. 2-93. Receipt and disbursement of school funds.[46]

All taxes, levies and other sums received by the treasurer for
public school purposes shall be credited by the treasurer to the
order of the school board of the city and paid out by him on
warrants of such board. Such warrants shall be signed by the
clerk of the board and countersigned by the chairman thereof. All
such money shall be deposited to the credit of the school board of
the city. (Code 1959, § 2-93.)

Sec. 2-94. Daily reports.

The city treasurer shall report to the director of finance daily,
on forms prescribed by the director of finance, all collections for
the preceding day, showing the source from which such funds are
derived, and such other reports as are or may be required of the
city treasurer by law or by the city council. (Code 1959, § 2-94.)

Sec. 2-95. Wages of officers or employees indebted to city.[47]

The city treasurer shall not pay the wages to any officer or
employee of the city who may be indebted to the city unless the
amount of the indebtedness shall be less than the amount of
wages due, in which case he may pay over the excess. (Code 1959,
§ 2-95.)

Division 2. Collection of Taxes.[48]

Sec. 2-96. Duty of treasurer.[49]

It shall be the duty of the city treasurer to collect all taxes,
assessments and penalties and such other income and revenue as
he may be required to collect by the city council. (Code 1959, §
2-96.)

Sec. 2-97. Mailing bills to taxpayers.[50]

The city treasurer shall, as soon as may be possible in each
year, not later than December 1, send by United States mail to
each taxpayer assessed with taxes and levies on tangible personal
property, machinery and tools and merchant's capital for that
year, a bill for such taxes in the form prescribed by the state
department of taxation. Beginning with the year 1974 and in each
subsequent year, the treasurer shall twice annually mail to each
taxpayer assessed with taxes on real estate a bill for such real
estate taxes. Each such semiannual bill shall be in the amount of
one-half of the taxes assessed on such real estate for the taxable
year, and such bills shall be mailed not later than June 1 and
December 1 of each year; provided, that the bill mailed on or
before June 1 may show the total amount of tax assessed for the
year with a notation that only one-half of such tax is payable as of
June 5. (Code 1959, § 2-97; 11-14-73, § 1.)

Sec. 2-98. Tax tickets.[51]

It shall be the duty of the city treasurer to make from the books
of the commissioner of revenue and from the books of the board
of real estate assessors, for each taxpayer shown therein, a tax
ticket according to forms prescribed by the state department of
taxation. Upon collecting such tax, he shall deliver to the taxpayer
such tax ticket, showing plainly the date of payment. (Code 1959,
§ 2-98.)

Sec. 2-99. Right of distress, levy, lease and garnishment.[52]

For the purpose of collecting taxes, assessments and other
duties to the city, the city treasurer shall have the rights of
distress, levy, lease and garnishment as provided by the state law.
All property subject to levy to satisfy taxes due to the state may
be taken to satisfy taxes due to the city. (Code 1959, § 2-99.)

Sec. 2-100. Sale after levy or distraint.

When it becomes necessary for the treasurer to levy or distrain
upon the property of any delinquent taxpayer, the same shall be
sold at public auction (unless the claim is satisfied prior to sale)
on the premises of the taxpayer, or at such public place as the
treasurer may deem best to secure a fair price for such property.
From the proceeds of such sale, he shall satisfy the tax due the
city and all costs of collection and shall pay the residue over to the
delinquent taxpayer, taking his receipt therefor. (Code 1959, §
2-100.)

Sec. 2-101. When taxes due.[53]

The city treasurer shall commence to receive taxes on personal
property, machinery and tools and merchant's capital as soon as
he receives copies of the commissioner's books and shall continue
to receive the same without addition of a penalty up to and

including the fifth day of December of each year. Likewise, the
treasurer shall commence to receive taxes assessed on real estate
as soon as practicable in each year. Beginning with the year 1974
and in each subsequent year, fifty percentum of each such real
estate tax assessment shall be payable not later than June 5, and
the remaining fifty percentum shall be payable not later than
December 5. (Code 1959, § 2-101; 11-14-73, § 1.)

Sec. 2-102. Penalties.[54]

Any person failing to pay taxes on personal property,
machinery and tools, and merchant's capital on or before the fifth
day of December shall incur a penalty thereon of five percentum,
which shall be added to the amount due from such taxpayer.
Likewise any person failing to pay that portion of the taxes on
real estate due on or before the fifth day of June and the fifth day
of December respectively shall incur penalties thereon of five
percent of the amount of tax respectively becoming payable on
such dates; provided, however that for the taxable year 1974, and
only for such year, the portion of taxes on real estate due in June
of such year shall be payable on or before the fifteenth day of
June, and such penalty shall be incurred only on those taxes
which have not been paid as of such date. Such taxes and
penalties, when collected by the treasurer, shall be accounted for
in his settlements.

Should such taxes and penalties remain uncollected, there shall
be collected interest at the rate of eight percentum upon both
principal sum and penalties. Such interest shall commence from
the thirtieth day of June next following with regard to taxes
payable December fifth, and from the thirty-first day of
December next following with regard to taxes payable June fifth.
All such penalties and interest shall be collected and accounted
for by the treasurer along with the principal of such taxes. (Code
1959, § 2-102; 11-14-73, § 1; 5-9-74, § 1.)

Sec. 2-103. Calling on persons failing to pay taxes; collection
by distress, etc.[55]

It shall be the duty of the city treasurer, after the fifth day of
December, to call upon each person chargeable with taxes who
has not paid the same prior to that time, or upon the agent, if any,

of such person resident within the city, for the payment thereof,
and upon failure or refusal of such person or agent to pay the
same, he shall proceed to collect them by distress or otherwise.
(Code 1959, § 2-103.)

Sec. 2-104. Persons about to leave city.[56]

Should it come to the knowledge of the city treasurer that any
person owing taxes is moving or contemplates moving from the
city prior to the fifth day of December, he shall have the power to
collect the same by distress or otherwise at any time after bills
shall have come into his hands. (Code 1959, § 2-104.)

Sec. 2-105. Lists of uncollectible taxes and delinquents to be
made out.[57]

The city treasurer, after ascertaining which of the taxes and
levies assessed cannot be collected, shall, not later than the first
day of August in each year, make out lists as follows:

(1) A list of real estate on the commissioner's land book
improperly placed thereon or not ascertainable, with the amount
of taxes and levies charged thereon.

(2) A list of other real estate which is delinquent for the
nonpayment of the taxes and levies thereon.

(3) A list of such of the taxes and levies assessed on tangible
personal property, machinery and tools and merchants' capital, or
other subjects segregated for local taxation exclusively, except
real estate, as he is unable to collect. (Code 1959, § 2-105.)

Sec. 2-106. Delinquent lists to speak as of June thirtieth;
form; oath.[58]

The lists mentioned in section 2-105 shall speak as of June
thirtieth of each year — that is to say, such lists shall conform to
the facts as they existed on that date; provided, that with respect
to delinquent real estate, the list required by section 2-105(2)

shall include those delinquencies outstanding from the preceding
calendar year or years but shall not be required to include those
properties on which the portion of the tax payable June 5 of the
then current calendar year has not been collected.

Such lists and also, except as herein provided, the form of the
oath to be taken by the treasurer by which each list shall be
verified shall be as prescribed by the state department of
taxation. The oath shall declare that the treasurer verily believes
that no part of the taxes embraced in such lists has been or could
have been collected by him. But the treasurer, in returning the
list of real estate mentioned in paragraph (2) of section 2-105,
shall, at the foot of such list, subscribe the following oath:

"I, . . . . . . . . . . . . . . . . . . . . . . , treasurer of the City of
Charlottesville, do swear that the foregoing list is, I verily believe,
correct and just, that I have received no part of the taxes or levies
for which the real estate therein mentioned is returned
delinquent, and that, although I have used due diligence to collect
such taxes and levies, no part of such taxes and levies have been
collected by me." (Code 1959, § 2-106; 11-14-73, § 1.)

Sec. 2-107. Submission of delinquent lists to council;
allowance of credit to treasurer, etc.[59]

A copy of each of the three lists mentioned in section 2-105 shall
be submitted by the city treasurer to the city council. Such lists
shall be submitted at the first meeting of the city council held
after the city treasurer shall have completed the lists.

The city council or a committee thereof, together with the
director of finance and the commissioner of the revenue, shall
examine such lists and if the same are found correct, the director
of finance shall allow the city treasurer credit for the amounts
thereof in his annual settlement, which shall be made as of the
first of July in each year; but if such lists, or any of them, be
found incorrect, credit shall be allowed for only so much thereof
as is correct. The director of finance shall deliver a copy of the
first of such lists to the commissioner of the revenue, who shall
correct his books accordingly. (Code 1959, § 2-107.)

Sec. 2-108. Publication of lists of delinquent real estate and
personal property taxes.[60]

The city council shall cause such lists mentioned in paragraphs
(2) and (3) of section 2-105, or such parts thereof as may be
deemed advisable, to be published for two successive weeks in a
newspaper in the city, or in handbills to be posted generally
throughout the city, and at the front door of the courthouse for a
period of thirty days. (Code 1959, § 2-108.)

Sec. 2-109. Transmitting list of delinquent lands to clerk of
corporation court; recordation; reports of
collections.[61]

A certified copy of the list mentioned in paragraph (2) of section
2-105 shall be transmitted by the city treasurer to the clerk of the
corporation court not later than the first day of August in each
year.

All officers thereafter collecting any such delinquent taxes on
real estate shall at least monthly transmit to the clerk of the
corporation court a list of such collections under oath. (Code 1959,
§ 2-109.)

Sec. 2-110. Continuing collection of delinquent taxes for one
year.[62]

The city treasurer shall continue to collect the taxes shown
on the delinquent lists for one year following June 30 of the
year as of which such delinquent lists speak. (Code 1959, § 2110.)

Sec. 2-11. Resubmission of delinquent lists to council; subsequent
collections.[63]

At the expiration of one year following June 30 of the year
as of which such delinquent lists speak, the city treasurer
shall again submit a copy of each of the lists mentioned in
paragraphs (2) and (3) of section 2-105 to the city council at
its first meeting held after the expiration of such year. Such
lists so resubmitted shall show the changes which have occurred
since June 30 of the preceding year, and the city treasurer
shall continue his efforts to collect the then unpaid taxes
upon the real estate included in the list mentioned in paragraph
(2) of section 2-105 until the real estate shall be sold
under the provisions of sections 58-1029 to 58-1031 of the
Code of Virginia.

The city council may authorize and require the city treasurer
to continue to collect the delinquent taxes included in the
list mentioned in paragraph (3) of section 2-105 for an additional
period of two years or may place the same in the
hands of the city sergeant for collection, or employ a delinquent
tax collector to make such collections, upon such terms
as may be agreed upon. Such officer or collector shall have all
the power and authority to enforce collection by levy, distress
or otherwise as the city treasurer has under the law.

When any such collections shall be made by such officer or
collector, the same shall be reported by him to the city council
and the money shall be paid over to the city treasurer, who
shall be held accountable therefor. All lists of uncollected taxes
shall be returned by such officer or collector to the city council,
which shall deliver them to the city treasurer, who shall
thereafter be held accountable for any collections thereunder.
(Code 1959, § 2-111.)

Sec. 2-112. Sale of delinquent lands.[64]

The city treasurer shall give notice and sell the real estate
shown on the delinquent lists, unless the taxes thereon and
the costs be paid to him before the sale, in the manner provided
by statute for the sale of lands for delinquent taxes,
subject to the right of redemption and the right of any purchaser
to obtain title to lands purchased, as provided by law.
(Code 1959, § 2-112.)

Article V. Director of Finance.[65]

Sec. 2-113. Election; term.

The city council shall elect a director of finance, who shall
hold his office for two years and be removable at the will of
the city council. (Code 1959, § 2-113.)

Sec. 2-114. Powers and duties generally.[66]

The director of finance shall superintend the fiscal affairs
of the city and shall manage the same in the manner required
by the city council.

He shall have the supervision of the fiscal affairs of all departments
and officers of the city who shall collect, receive
or disburse the public moneys, or who are charged with the
custody or management thereof, and may, at any time, require
from any of them an account in writing of any or all
moneys or property of the city intrusted to them or under
their control. He shall, immediately upon the discovery of

any default, irregularity or delinquency, report the same to
the city council. He shall have power to prescribe the form and
manner of keeping all such accounts unless otherwise provided
by state law.

The director of finance shall perform such other duties as
are or may hereafter be required of him by the city council.
(Code 1959, § 2-114.)

Sec. 2-115. Books, etc.; suggestions to council; reports generally.

The director of finance shall keep a regular set of books,
in which shall be opened and kept as many accounts under
appropriate titles as may be necessary to show distinctly all
the estate and property whatsoever, real and personal, vested
in the city by law or otherwise, and of trusts in the care of
the same; all funds due and owing by the city; all receipts
and expenditures in the various departments of the city government,
and all appropriations made by the council and the
sums expended under the same, respectively. He shall from
time to time, as often as he may deem necessary, or the council
may direct, suggest plans to the city council for the management
or improvement of the finances of the city. He shall
make such reports as are required of him by state law. (Code
1959, § 2-115.)

Sec. 2-116. Employment of personnel.

In the performance of the duties imposed upon the director
of finance, he shall have the power to employ such persons as
may be necessary and to fix the salaries of such persons, so
long as any such salary does not exceed three thousand six
hundred dollars per year, and to require such bond as he may
think proper. No person shall be employed at a salary in excess
of three thousand six hundred dollars per year except
with the approval of the city council. All persons so employed
shall be directly responsible to the director of finance.
(Code 1959, § 2-116.)

Sec. 2-117. Collection of revenues; keeping accounts; delivery
of money to treasurer.

The director of finance shall collect all revenues of the city

and moneys from persons owing the same to the city, except
property taxes and business, professional and occupational license
taxes.

The director of finance shall keep an accurate account of
all collections made by him and shall deliver the money collected
by him daily to the city treasurer, together with a
statement showing the sources from which these funds were
derived. (Code 1959, § 2-117.)

Sec. 2-118. Collection of gas and water bills; list of delinquents;
cutting off supply.

The director of finance shall cause all gas and water meters
to be read and shall notify each debtor of the amount of water
and gas bills due by such debtor to the city and that the
amount is due and payable not later than the fifteenth day
after the bill is rendered. He shall supply the superintendent
of public utilities with a list of delinquents and it shall be
the duty of the superintendent to immediately discontinue the
gas or water services of such delinquents as provided in sections
14-7 and 35-5, respectively, but the furnishing of such
list of delinquents, as aforesaid, shall not relieve the director
of finance of the responsibility of the collection of the delinquent
bills. (Code 1959, § 2-118.)

Sec. 2-119. Monthly reports of receipts and disbursements.

The director of finance shall prepare, as soon after the close
of each month as may be practicable, a statement showing
the receipts and disbursements for the previous month. The
statement shall show under disbursements, in separate parallel
columns, the amount estimated in the budget, the amount
appropriated, the amount expended during the preceding
month, the amount expended to date for the current fiscal
year and the unexpended balance or deficit of each appropriation.
Under receipts shall be shown the amount estimated
in the budget, the amount collected during the current month,
the amount collected to date and the balance anticipated or
overage based upon the budget estimate. The director of finance
shall furnish a copy of the same to each member of the
city council and the city manager. (Code 1959, § 2-119.)

Sec. 2-120. Preparation and publication of quarterly reports.[67]

The director of finance shall, on or before the twenty-fifth
day of July, October, January and April in each year, prepare
a statement of the condition of the city's finances as of the
end of the previous quarter, consisting of a statement of the
receipts and disbursements for so much of the fiscal year as
may then have expired and a balance sheet. (Code 1959, §
2-120.)

Sec. 2-121. Annual reports.

The director of finance shall make out and deliver to the city
council, within thirty days after the close of each fiscal year, a
full and detailed statement of all receipts and expenditures
during such year. Such report shall be accompanied by a statement
showing under disbursements the amount estimated in
the budget, the amount of appropriations, the amount expended,
and the balance or deficit in the account as compared
with the budget estimate for each department of the city.
Under receipts shall be shown the amount estimated in the
budget, the amount received during the fiscal year, the balance
anticipated and such information as the city council may
direct. The items shown shall conform to the classification in
the annual budget and the report shall be spread upon the
journal upon adoption by the city council. (Code 1959, §
2-121.)

Sec. 2-122. Examination of claims; warrants generally.

The director of finance shall examine all claims and demands
for or against the city, and no money shall be drawn from the
treasury or paid to any person, unless the balance so due or
payable be first audited, adjusted or determined by the director
of finance. All accounts so audited and approved by the director
of finance shall be paid by drawing his warrant on the
treasurer, stating to whom payable, on what account and the
particular appropriation from which the same is payable, and
no money shall be drawn from the treasury except upon the

warrant of the director of finance as aforesaid. In no other
case shall any warrant be drawn by the director of finance
for the payment of money, unless the same is authorized by
some ordinance or resolution of the city council, making a
special appropriation to the person or department in whose
behalf the same is drawn. (Code 1959, § 2-122; 12-31-70.)

Sec. 2-123. Warrants for salaries and wages; checks to
employees; deductions.

Upon the last day of each month, or not more than ten days
prior thereto, the director of finance shall draw a warrant to
each officer and employee of the city who receives a fixed annual
salary for a sum equal to one-twelfth part of such salary.

The director of finance shall issue weekly a warrant for the
amount of payrolls submitted by the various departments for
all employees receiving their wages weekly, and the proceeds
of such warrant shall be deposited in a special account entitled
"Payroll Account." Checks to the several employees for the
amount of their respective wages, less any deductions authorized
by the employee with the consent of the director of
finance and any deductions required to be made by the city
on account of taxes, shall be drawn, signed by the director
of finance and the treasurer, and checks similarly signed shall
be drawn for the disbursement of amounts deducted as herein
set forth. (Code 1959, § 2-123.)

Sec. 2-124. Fixing payday.

The director of finance is hereby authorized and directed
to fix a payday on which all persons having claims against the
city will be entitled to receive their warrants. (Code 1959, §
2-124.)

Article VI. City Attorney.[68]

Sec. 2-125. Appointment; qualifications; term; residency requirement.

The city manager, with the advice and consent of the city
council, shall appoint an attorney for the city, who shall have
been admitted to practice in the courts of the commonwealth.
The city attorney shall be removable at any time by the city
manager with the concurrence of the city council. The city
attorney shall reside in the city during such term of office.
(Code 1959, § 2-125; 2-20-73.)

Sec. 2-126. Powers and duties generally.

The city attorney shall have the management, charge and
control of all law business of the city and shall be the legal
adviser of the city council, any committee thereof, the city
officers and the several departments of the city government
and, when required, shall furnish written or verbal opinions
upon any subject involving questions of law submitted to him
by any of them.

It shall be the duty of the city attorney to draft all bonds,
deeds, obligations, contracts, leases, conveyances, agreements
or other legal instruments of whatever nature which may be
required of him by any ordinance or order of the city council
or any committee thereof or which may be required by any
person contracting with the city in its corporate capacity
and which, by law, usage or agreement, the city is to be at
the expense of drawing. It shall also be his duty to commence
and prosecute all actions and suits to be brought by the
city before any tribunal in the city or state, whether in law
or in equity, and also to appear and defend and advocate the
rights and interest of the city, or any of the officers thereof,
in any suit or prosecution for any act in the discharge of their

official duties, wherein any estate, right, privilege, ordinance
or act of the city government may be brought in question,
and when the mayor shall direct the prosecution for a nuisance,
he shall appear for the prosecution when the case shall
come into the corporation court and shall perform such other
duties as are or may be required of him by any ordinance or
resolution of the city council.

It is the duty of the city attorney to assist in the prosecution
of all cases arising under the Zoning Ordinance, Building
Code and License Ordinances when so directed by the city
council or by the city manager. (Code 1959, § 2-126.)

Sec. 2-127. Accounting for and paying over city funds.

The city attorney shall promptly account for and pay over
to the director of finance any and all funds belonging to the
city, collected or received by him, and shall at the time of
turning over such money to the director of finance, or immediately
thereafter, furnish the director of finance with an
itemized statement showing from whom and for what account
the money was received. (Code 1959, § 2-127.)

Sec. 2-128. Reports.

The city attorney shall prepare for submission as soon after
the close of each month as it may be practicable, a report
setting forth all action that has been taken by his office during
the preceding month.

At the close of each fiscal year, the city attorney shall make
an annual report to the city council, giving a condensed statement
of all business done in his office for the city in the year
immediately preceding such report, with a list of all deeds and
contracts prepared to which the city was a party, of all written
opinions given upon city business, of all suits and actions
ended and those pending at the time of the report, and he
shall make such suggestions touching the interests of the city
in connection with his official duties as he may deem partinent.
(Code 1959, § 2-128.)

Sec. 2-129. Attendance at meetings of council and committees.

It shall be the duty of the city attorney to attend all meetings
of the city council unless excused by the presiding officer
or the city manager. He shall attend all meetings of the committees
of the city council when notified so to do by the clerk
of the council or the city manager. (Code 1959, § 2-129.)

Sec. 2-130. Drafting resolutions and ordinances; inspection of
journal and ordinance book.

The city attorney shall prepare a draft of all resolutions
and ordinances to be submitted to the city council and shall inspect
all matter spread upon the journal and ordinance book
before the same is signed. (Code 1959, § 2-130.)

Sec. 2-131. Salary to be in full compensation for services;
traveling expenses.

The salary of the city attorney shall be in full compensation

for his services. When the duties of his office require his attendance
out of the city, his reasonable traveling expenses
shall be allowed him. (Code 1959, § 2-131.)

Article VII. City Purchasing Agent.[69]

Sec. 2-132. Appointment.

There shall be appointed by the city manager a city purchasing
agent. Such appointment must be approved by
city council before becoming final. (Code 1959, § 2-132; 8-19-68.)

Sec. 2-133. Powers and duties generally.

The city purchasing agent shall make purchases of every
kind and character necessary, for or on behalf of the city.
He shall perform such other duties as may be required of him
by the city manager. (Code 1959, § 2-133; 8-19-68.)

Sec. 2-134. Purchases made only upon agent's order; exception.

No purchases shall be made except upon the written order
of the purchasing agent, or his duly authorized agent, except
when specially authorized by the city manager, or as otherwise
provided by law. (Code 1959, § 2-134; 8-19-68.)

Sec. 2-135. Requisitions for supplies.[70]

All officers or department heads of the city, or other persons
in the employ of the city, entitled to and needing materials,
supplies, printing or other articles of merchandise or
equipment in the operation of their respective departments
and for the transaction of the business of the city shall make
requisition for the same to the city purchasing agent on such
forms and in such manner and at such time as the city purchasing
agent may prescribe. All such requisitions must be
approved by the city manager. (Code 1959, § 2-135.)

Sec. 2-136. Appropriation prerequisite to furnishing supplies.

The city purchasing agent shall not furnish any supplies
for any department of the city unless there be to the credit
of such department, on the books of the director of finance,
an available appropriation sufficient to pay for such supplies.
(Code 1959, § 2-136.)

Sec. 2-137. Authority to secure bids; specifications to bidders.

The city purchasing agent is authorized to give notice and
secure bids on purchases when he deems it advisable. Whenever
practicable, the city purchasing agent shall furnish
standard specifications to the bidders. (Code 1959, § 2-137.)

Sec. 2-138. Sales of material and personal property.

It shall be the duty of the city purchasing agent to make
sales of material or personal property of the city, authorized
to be sold, and he shall keep an accurate account thereof in
his office, from which he shall report in detail such sales to
the director of finance and all moneys derived from the sale
of such property, so far as practicable, shall be collected by
the director of finance. (Code 1959, § 2-138.)

Article VIII. Attorney for the Commonwealth.

Sec. 2-139. Term, duties and compensation generally.[71]

The term of office, duties, compensation, etc., of the attorney
for the commonwealth shall be the same as those prescribed
for him by the laws of the state. (Code 1959, § 2139.)

Sec. 2-140. Additional duties.

In addition to the duties prescribed in section 2-139, it shall
be the duty of the attorney for the commonwealth to represent
the city in the prosecution of all cases arising under
criminal and quasi-criminal ordinances, including those under
the

Zoning Ordinance, Building Code and License Ordinances.
(Code 1959, § 2-140.)

Sec. 2-141. Calling upon city attorney for assistance.

The attorney for the commonwealth may call upon the city
attorney to assist him in all cases in which the construction,
interpretation or validity of a provision of this Code or other
city ordinance is involved. (Code 1959, § 2-141.)

Article IX. Commissioner of Revenue.[72]

Sec. 2-142. Election; city assessor; vacancy in office; bond.[73]

The commissioner of revenue shall be elected at such time
and in such manner as is or may hereafter be fixed by law.
He shall be the assessor of the city in accordance with the
Constitution and laws of the state and with this Code and
other ordinances, rules and regulations of the city council not
inconsistent therewith. Any vacancy arising in such office shall
be filled in accordance with the laws of the state. He shall give
bond in such a sum as the city council may require. (Code
1959, § 2-142.)

Sec. 2-143. Compensation.[74]

The commissioner of revenue shall receive such compensation
as is provided by the statutes of the state. (Code 1959, § 2143.)

Sec. 2-144. When to begin duties.[75]

It shall be the duty of the commissioner of revenue, annually,
on the first day of January of each year, to begin and proceed

without delay to ascertain the value of all personal property
and list all other property of whatever character, except
real estate, subject to taxation and license, and to otherwise
discharge the duties of his office as prescribed by the laws of
the state, the Charter, this Code and other ordinances of the
city and the rules and regulations of the city council. (Code
1959, § 2-144.)

Sec. 2-145. Duties generally; office; books and papers.

The commissioner of revenue shall perform all the duties
in relation to the assessment of personal property for the purpose
of levying the city taxes that may be ordered by the city
council. He shall keep his office in some convenient place in
the city, which shall be provided by the city and shall keep
therein such books, schedules and records and in such manner
as the city council or the director of finance may direct
and prescribe, which books, records and other papers shall
be subject to the inspection and examination of the mayor,
members of the city council, or any committee thereof, the city
manager, the director of finance, the city attorney and the
city treasurer. (Code 1959, § 2-145.)

Sec. 2-146. Books, forms, etc., to be used; city to furnish
books, forms, stationery, etc.

The commissioner of revenue shall use the personal property
books, and other tax books and forms sent him by the
state department of taxation as provided by law, unless lawful
changes in such books and forms are directed by the city
council, in which case he shall use the books and forms prescribed
and furnished by the city. He shall be furnished by
the city with all other books, forms and all necessary printing,
stationery, office supplies and equipment for the proper
conduct of his office. (Code 1959, § 2-146.)

Sec. 2-147. Assessment of personal property—Listing governed
by state law.

In ascertaining what personal property is to be listed for
taxation, who is to list the same and when and how it is to be
listed, the provisions of the laws of the state shall be followed;
provided, that no person shall be required to list for taxation

the items classified in section 58-829.1 or in section 58-832,
Va. Code Ann., as amended. (Code 1959, § 2-147; 12-28-65.)

Sec. 2-148. Same—Lists of valuations; personal property
used in connection with business, etc.

The commissioner of revenue shall furnish to each person
forms for list of valuations and such person shall, within the
time and in the manner therein mentioned, make out and
deliver to the commissioner sworn statements of all livestock,
automobiles, trailers, boats under five tons burthen, boat
trailers, tractors or other motor vehicles, and mobile homes
which such person is required by the laws of Virginia and this
chapter to list; and, such person shall also make out and
deliver to the commissioner sworn statements of all machinery,
tools and other tangible personal property used or
held in connection with any mining, manufacturing or other
business, trade, occupation or profession including furnishings,
furniture and appliances in rental units. (Code 1959, §
2-148; 2-7-55; 7-17-61; 12-28-65.)

Sec. 2-149. Same—Revaluation of property.

If the commissioner of revenue is not satisfied with the taxpayer's
valuation of property, he may upon his own view
or such information as he may obtain or possess, adopt
what he deems a fair and proper valuation thereof; provided,
that where it is practicable he shall give an opportunity to the
taxpayer to be heard before his books are returned as hereinafter
provided. (Code 1959, § 2-149; 7-17-61; 12-28-65.)

Sec. 2-150. Same—Penalty for failure to make return or
refusal to exhibit property.[76]

If any person shall fail within the time mentioned in this

chapter to deliver the lists in the manner prescribed therein, or if
any person shall refuse to exhibit to the commissioner of revenue
any property listed or required by this chapter to be listed by him,
in order that a fair valuation thereof may be assessed, he shall be
fined not less than ten nor more than one hundred dollars.

In addition to the foregoing, for failure to file a return listing
personal property within the time or in the manner prescribed by
section 2-148 and applicable state law, there is hereby imposed a
penalty in the amount of ten percentum of the tax assessable or
due on such property, or two dollars, whichever is greater. (Code
1959, § 2-150; 10-1-73, § 1.)

Sec. 2-151. State law followed as to personal property books.

The personal property books shall be made up, examined,
certified and delivered as provided by the laws of the
Commonwealth of Virginia. (Code 1959, § 2-151.)

Sec. 2-152. Licenses and license taxes — Assessing and
issuing.

It shall be the duty of the commissioner of revenue to assess the
taxes on licenses and to issue a license to carry on or practice any
business, trade or profession for which a license is required. In
assessing the taxes on and issuing licenses, he shall be guided by
the laws in force for the assessment of license taxes for the state,
except where it is otherwise provided by an ordinance of the city.
(Code 1959, § 2-152.)

Sec. 2-153. Same — Penalty for failure to pay when due.

Any person failing to pay a license tax on the date fixed by the
annual license tax ordinance shall be subject to a penalty of five
percentum of the amount of the license tax then due. Such
penalty shall be assessed and paid along with the license tax and
shall become a part of the license tax. (Code 1959, § 2-153.)

Sec. 2-154. Same — Commissioner to report delinquents to
city manager.

It shall be the duty of the commissioner of revenue to report in

writing to the city manager each month all cases of default in the
payment of a license tax, as soon as they come to his knowledge,
and if there be no default, he shall so report. (Code 1959, § 2-154.)

Sec. 2-155. Same — City manager to cause delinquents to be
summoned before court.

It shall be the duty of the city manager immediately upon
receipt of the report required by section 2-154 to cause such
delinquents to be summoned before the judge of the municipal
court to show cause why they should not be fined under the
provisions of the license tax ordinance. (Code 1959, § 2-155.)

Article X. Sinking Fund Commission.[77]

Sec. 2-156. Members.

For the purpose of managing, preserving and applying the
sinking fund required to be created by the Charter and the
ordinances of the city, the mayor, the chairman of the finance
committee of the city council, the director of finance and the
treasurer shall constitute a board to be called the sinking fund
commission. (Code 1959, § 2-156.)

Sec. 2-157. President and secretary; keeping journal;
preserving books and papers.

The mayor shall be the president and the director of finance and
the secretary of the sinking fund commission. The secretary
shall keep a correct journal of the proceedings of every meeting,
to be signed by himself and the president, and shall preserve all
books and papers of the board in his office. (Code 1959, § 2-157.)

Sec. 2-158. City treasurer to keep account and be custodian of
funds.

The city council shall set apart from the sources of the

custodian of all money, bonds and other evidences of debt
belonging to the sinking fund. (Code 1959, § 2-158.)

Sec. 2-159. Setting apart sinking fund.

The city council shall set apart from the resources of the

city such proportion of its annual revenues as will be sufficient to
meet each issue of sinking fund bonds, either heretofore or
hereafter issued, as the same shall become due. One-half of such
fund shall be set apart on the first day of January of each year
and the other half on the first day of July of each year, and the
fund shall be placed to the credit of the sinking fund commission.
The fund thus set apart and invested, together with the annual
interest and profits therefrom, shall be called the sinking fund,
and shall be kept for, and is hereby dedicated to, the payment of
the bonded debt of the city and shall not be applied by the city
council to any other purpose. (Code 1959, § 2-159.)

Sec. 2-160. Investment of funds; redemption of city debt.

The sinking fund commission shall apply all appropriations,
interest and profits from any bonds held by them to purchase of
bonds or certificates of debt of this city, of this state, of the United
States or of some other state of this union or to the purchase of
any other securities which, under the laws of this state, are
designated and approved for the investment of fiduciary funds.
The accrued interest on such securities shall be collected by the
city treasurer when due and deposited to the credit of the sinking
fund. All such securities, or reinvestments of the same, and the
interest thereon, shall be reinvested according to the provisions of
this section, until some part of the city debt shall become due,
when, unless some other provisions be made by the city council,
such securities, so far as may be necessary, shall be sold and the
proceeds applied to the payment of such matured part of the city
debt. (Code 1959, § 2-160.)

Sec. 2-161. Annual report.

The sinking fund commission shall, through the city treasurer,
not later than the thirty-first day of each July, make a report of
the condition of the sinking fund to the city council. Such report
shall state the cash receipts for the year, in detail, an itemized list
of bonds bought or sold, with the price paid or received, and a
detailed list of all securities held by the sinking fund commission.
Such report shall be audited and approved by the secretary of the
sinking fund commission before it is presented to the city council.
(Code 1959, § 2-161.)

Sec. 2-162. Disbursements.

All disbursements by the sinking fund commission shall be by
warrant of the secretary, countersigned by the president of the
sinking fund commission, drawn on the city treasurer. (Code
1959, § 2-162.)

Sec. 2-163. Opening safety deposit box.

The bank safety deposit box of the sinking fund commission
shall be opened only in the presence of the city treasurer or his
deputy and one member of the sinking fund commission other
than the city treasurer. (Code 1959, § 2-163.)

Article XI. Real Estate Assessment.[78]

Sec. 2-164. Annual assessment.

All real estate in the city, not exempted from taxation by the
Constitution of Virginia and not assessable for taxation by the
state corporation commission, as provided by law, shall be
assessed annually for taxation by the city. (11-6-61.)

Sec. 2-165. Assessor of real estate—Office created; appointment;
salary; term of office; qualifications.

For the purpose of assessing real estate for annual taxation, the
office of assessor of real estate is hereby created. The assessor of
real estate shall be appointed by the city council at a salary to be
fixed by the city council, and shall give his entire time to the
duties of his office. The assessor of real estate shall be appointed
for a two year term, ending August 31 of every even-numbered
year. He shall be chosen on the basis of his knowledge of and
experience in real estate appraisal practices and procedures and
his administrative ability. (11-6-61; 9-8-70.)

Sec. 2-166. Same—Employees; annual budget; purchases.

The assessor of real estate may employ a deputy assessor,
subject to approval of the city council, and such other clerical

and other assistants as the city council may from time to time
authorize and for which appropriations have been made. Any
persons so employed shall be under the general supervision of the
assessor of real estate. The assessor of real estate shall submit to
the city manager, on or before February 15 of each year, a
proposed budget for the operation of his office for the next fiscal
year. All purchases made by the assessor of real estate shall be
made through the city purchasing agent. (11-6-61.)

Sec. 2-167. Same — Powers and duties.

The assessor of real estate shall have the general management
and control of the assessment of real estate for taxation in
accordance with the applicable state laws and subject to the
control of the city council. He shall annually assess for taxation,
at its fair market value, all real estate in the city not exempted
from taxation by the Constitution of Virginia and not assessable
for taxation by the state corporation commission, which shall
include all land, buildings, structures and improvements thereon
and all rights thereto and interests therein. He shall further
perform all other duties required by law to be performed by the
commissoner of revenue in respect to real estate assessments.
(11-6-61.)

Sec. 2-168. Same — Removal.

The city council may remove the assessor of real estate from his
office for cause. No order of removal under this section shall be
made until the assessor of real estate has been given reasonable
notice in writing of the charge against him and an opportunity to
be heard in person or by counsel and to present testimony in his
defense. Such order shall specify the cause for removal, and an
appeal shall lie therefrom, of right, to the corporation court of the
city. Such order shall not be passed except by a vote by a majority
of the city council. (11-6-61.)

Sec. 2-169. Time of making assessments; land book.

The annual assessment by the assessor of real estate shall be
completed by April 15 of the year in which such assessments are
made. The assessor of real estate shall prepare a book in such

form as he may adopt, showing such assessments in the manner
provided by the applicable state laws, which shall constitute the
land book. Taxes for each year shall be extended on the basis of
the land book made in that year, subject to such changes as may
have been lawfully made. Sufficient copies of such book shall be
prepared to comply with the statutes relating to land books.
(11-6-61; 11-14-73, § 1.)

Sec. 2-170. Right of assessor to examine witnesses, obtain
information, etc.; refusal to supply information
or permit inspection.

The assessor of real estate shall have the right to summons,
swear and examine witnesses and require owners of property to
furnish any pertinent information or records with respect to the
cost of land or improvements, materials used in construction,
insurance carried, rental value or other information relating to
the actual value of the property to be assessed. He shall have the
right to inspect both the exterior and interior of improvements on
property to be assessed. No person shall fail to supply pertinent
information or records requested by the assessor of real estate or
refuse to permit an inspection of property as hereinabove
provided. (11-6-61.)

Sec. 2-171. Notice of change in assessment.

Upon determination by the assessor of real estate that the
assessment of any property should be changed, notice of such
determination shall be given by mail to the owner at his last
known post office address. (11-6-61.)

Sec. 2-172. Clerk to furnish lists of real estate transfers to
assessor.

The clerk of the corporation court of the city shall furnish to the
assessor of real estate the lists of real estate transfers required by
law to be furnished the commissioner of revenue. (11-6-61.)

Sec. 2-172.1. Board of equalization — Membership;
appointment and qualifications of members.[79]

The corporation court of the city, or the judge thereof in

vacation, shall, annually, appoint for the city a board of
equalization of real estate assessments, to be composed of three
members. Each member shall be a freeholder of the city and shall
be selected by the court, or the judge thereof in vacation, from the
citizens of the city. Each member shall remain a resident of the
city during his term of office. (11-6-61.)

Sec. 2-172.2. Same — Term of office of members; filling of
vacancies.

The terms of the members of the board of equalization shall
commence on the first day of December and shall expire on the
thirtieth day of the following November, unless such terms are
extended. The corporation court of the city, or the judge thereof in
vacation, may extend the terms of the members of the board and
shall fill any vacancy therein for the unexpired term. (11-6-61.)

Sec. 2-172.3. Same — Compensation and expenses of
members.

The members of the board of equalization shall receive per diem
compensation for the time actually engaged in the duties of the
board, to be fixed by the city council; provided, that the city
council may limit the per diem compensation to such number of
days as in its opinion is sufficient for the completion of the work
of the board. The board may be allowed its reasonable expenses
for the operation of its affairs. Such compensation and expenses
shall be paid out of the city treasury. (11-6-61.)

Sec. 2-172.4. Same—Powers and duties.

The board of equalization shall have and exercise the power to
revise, correct and amend any assessment of real estate made by
the assessor of real estate in the year in which they served. To
that end, the board shall have all the powers conferred on such
boards by chapter 19 of title 58 of the Code of Virginia and any
acts amendatory thereof and supplemental thereto. (11-6-61.)

Sec. 2-172.5. Hearings before assessor and board of
equalization.

Any person aggrieved by an assessment made by the assessor

of real estate shall have the right, upon filing a written request
with him within thirty days after mailing of the notice of such
assessment or of a change in such assessment, to a hearing before
the assessor of real estate. No fee or charge shall be assessed
against the owner for or because of such hearing.

After the hearing before the assessor of real estate, if the
person is still aggrieved by the assessment, he may apply to the
board of equalization for a hearing. Such application shall be in
writing and filed with the board of equalization within thirty
days after the hearing before the assessor of real estate and be
made pursuant to the rules and regulations for such hearings
adopted by the board. The board of equalization may adopt such
rules and regulations, notwithstanding chapter 19 of title 58 of
the Code of Virginia, as it deems proper, looking to the further
facilitation and simplification of proceedings before it. (11-6-61.)

Sec. 2-172.6. Right of appeal to corporation court.

Any person aggrieved by any assessment made by the assessor
of real estate or the board of equalization may, after a hearing
before the assessor of real estate and after a hearing before the
board of equalization, apply for relief to the corporation court of
the city in the manner provided by section 58-1145 of the Code of
Virginia. (11-6-61.)

Article XII. Airport Commission.[80]

Sec. 2-173. Creation; composition; appointment, terms and
compensation of members.

There is hereby established a Charlottesville-Albemarle Joint
Airport Commission, to consist of seven members. The members
shall be citizens of the city or of Albemarle County who hold no
other municipal office and who shall be appointed by joint action
of the city council and the board of supervisors of Albemarle
County.

All members of the commission shall serve without
compensation. The city manager, county executive, and the
airport manager will serve as advisory, non-voting members of
the commission, and will be in addition to the seven voting
members of the commission. All voting members will serve terms
which expire on December first of the third year following their
appointment.

No voting member will be reappointed who has served as a
member for six consecutive years immediately preceding such
reappointment. (Code 1959, § 2-173; 12-21-64; 12-2-68; 4-15-74, § 1.)

Sec. 2-174. Officers; minutes of meetings.

As soon after their appointment as possible, the voting
members of the Airport Commission will convene and elect a
chairperson and vice-chairperson from their group for a term of
one year. The airport manager's secretary will serve as secretary
to the airport commission and will perform such other duties as
he may be assigned, including the keeping of proper minutes of
the meetings of the commission. (Code 1959, § 2-174; 4-20-70;
4-15-74, § 1.)

Sec. 2-175. Vacancies.

Vacancies occurring in the airport commission for any reason
shall be filled by appointment through joint action of the city
council and the board of supervisors of Albemarle County. (Code
1959, § 2-175; 4-15-74, § 1.)

Sec. 2-176. Powers and duties generally.

The airport commission shall be an advisory body having the
duty of keeping the two governing bodies and the
Charlottesville-Albemarle Airport Board advised on all matters
pertaining to the airport. (Code 1959, § 2-173; 12-21-64; 12-2-68;
4-20-70; 4-15-74, § 1.)

Sec. 2-177. Repealed by Ordinance adopted April 20, 1970.

Sec. 2-178. Repealed by Ordinance adopted April 15, 1974.

Article XIII. Officers and Employees Generally.[81]

Sec. 2-179. Officers elected by council; term; vacancies.[82]

There may be elected by the city council such officers and clerks
as the city council deems proper and necessary and any one or
more of the offices may be held and exercised by the same person.
Unless otherwise specially provided, every municipal officer
elected by the city council shall hold his office for a term of two
years and be removable at the will of the city council. The term of
all officers so elected shall commence as soon as they have
qualified and given bond as required. Vacancies occurring in such
offices shall be filled by the city council as soon as practicable. All
persons elected to fill a vacancy shall hold office only during the
unexpired term of the office in which such vacancy occurs. Any
officer elected by the city council shall hold office until his
successor shall have been elected and shall have qualified and
given bond unless he be sooner removed. (Code 1959, § 2-179.)

Sec. 2-180. Authority of officers appointed by council.[83]

The officers of the city elected or appointed by the city council
shall, during the time they are in office, have all the power and
authority of like officers of the state under its general laws,
unless the same be abridged or restricted by the city council.
(Code 1959, § 2-180.)

Sec. 2-181. Compensation fixed by council; traveling expenses;
officers in arrears or default.[84]

The salaries of all officers who shall receive stated
compensation for their services from the city shall be fixed by the

city council except as otherwise provided. They shall be paid their
reasonable traveling expenses when the duties of their offices
require their attendance out of the city. No payment shall be
made to any officer who is in arrears to the city or in default in
rendering any account or report required of him. (Code 1959, §
2-181.)

Sec. 2-181.1. Repealed by Ordinance adopted July 1, 1974.

Sec. 2-182. Appointment of substitute during inability to
serve.

If any officer elected by the city council is at any time unable,
by reason of sickness or other unavoidable cause, to discharge the
duties of his office, he may, in writing, appoint a substitute to act
for him during such inability and he and his sureties shall be liable
for the conduct of such substitute while in office. No such
appointment shall be valid until ratified by the city council and
approved in writing by the surety on such officer's bond. Nothing
herein shall be construed to affect the right of the mayor to
remove any officer appointed by the city council. (Code 1959, §
2-182.)

Sec. 2-183. Removal by mayor or council.[85]

For malfeasance, misfeasance, neglect of duty, incapacity
or any other good cause, the mayor or city council may remove
from office any officer elected or appointed by the city
council. (Code 1959, § 2-183.)

Sec. 2-184. Salary of suspended officer.

Any officer who shall be suspended by the mayor or city
council shall forfeit his salary from the day of his suspension
until he is reinstated or discharged and shall only receive
the pro rata part of his pay for the time he may have actually
served; provided, that if the suspension is not sustained, the

officer so suspended shall receive his pay in full, as if no
suspension had occurred. (Code 1959, § 2-184.)

Sec. 2-185. Absence from city of superintendents of
departments.[86]

The superintendents of such departments as require the regular
employment or working of a force of hands shall not be absent
from the city without the consent of the city manager. (Code 1959,
§ 2-185.)

Sec. 2-186. Bonds.[87]

All city employees and officials shall give bond to the city, with
corporate surety to be approved by the finance committee of the
city council, conditioned so as to secure the faithful performance
of their duties to the city. The penalties of such bonds shall be as
follows:

         

City treasurer	$40,000.00
Purchasing agent	10,000.00
Director of finance and clerk of the council	10,000.00
City manager	10,000.00
All other officials and employees of the city, each	5,000.00

The premium on all such bonds shall be paid by the city. (Code
1959, § 2-186; 8-19-68.)

Sec. 2-187. Same—Failure to give.

Any person elected or appointed to any office who shall, for ten
days after the beginning of the term for which he was elected or
appointed, neglect to give such bond and security as may be
required of him, shall thereby vacate his office. (Code 1959, §
2-187.)

Sec. 2-188. Same — Report by finance committee; bonds filed
with clerk of the council.

The finance committee of the city council shall report to the

city council all official bonds given as required by sections 2-186
and 2-187 for entry upon its journal. The bonds shall be filed in
the office of the clerk of the city council. (Code 1959, § 2-188.)

Sec. 2-189. Reports to city manager.

All superintendents of departments, officers and employees are
directed to make such reports and furnish such information upon
the affairs of their departments or offices as may be required by
the city manager. (Code 1959, § 2-189.)

Sec. 2-189.1. Legal holidays.

In each year, the first day of January (New Year's Day), the
third Monday in January (Lee-Jackson Day), the third Monday in
February (George Washington's Birthday), the thirteenth day of
April (Jefferson's Birthday), the last Monday in May (Confederate
Memorial Day), the fourth day of July (Independence
Day), the first Monday in September (Labor Day), the eleventh
day of November (Veterans' Day), the fourth Thursday in November
(Thanksgiving Day), the twenty-fifth day of December
(Christmas Day), or whenever any of such days shall fall on
Saturday, the preceding Friday shall be a legal holiday and
whenever such days shall fall on Sunday, the Monday next following
such day shall be a legal holiday. (1-4-71; 8-20-73.)

Sec. 2-189.2. Creation of personnel department.

There shall be a department of personnel which shall consist of
a director of personnel, a personnel appeals board and such
employees as may be authorized from time to time. (7-1-74, § 1.)

Sec. 2-189.3. Director of personnel.

The director of personnel shall be appointed by, and at the
pleasure of the city manager. He shall be chosen on the basis of
his general executive and administrative ability and experience,
with due regard for his education, training and experience in
personnel management. The director shall appoint the employees
of the department, and shall have general management and
control over them. He shall be responsible for the formulation and
administration of the personnel policies of the city. He shall serve

ex officio as the secretary of the personnel appeals board but shall
have no vote thereon. (7-1-74, § 1.)

Sec. 2-189.4. Personnel appeals board—Generally.

There is hereby created a personnel appeals board which shall
consist of three persons who are not employees of the city who
shall be appointed by the council. Of those first appointed one
shall be appointed to serve for one year, one for two years, and
one for three years. Thereafter, members shall be appointed for
the full term of three years. Vacancies shall be filled by the
council by appointment for the unexpired portion of the term. The
board shall annually choose one of its members to act as
chairman. Two members of the board shall constitute a
quorum. The members of the board shall serve without
compensation. No member of the board shall serve more than two
consecutive full terms; provided, that members initially
appointed to lesser terms or appointed to fill unexpired terms
may thereafter serve two full terms. (7-1-74, § 1.)

Sec. 2-189.5. Same—Powers and duties; appeals by employees
to board.

The personnel appeals board shall constitute the final authority
to rule upon grievances filed by employees under the grievance
procedure promulgated pursuant to section 2-189.10.

In addition any city officer or employee subject to appointment
by an appointee of the city council or of the city manager shall
have an appeal of right to the board from any administrative
action suspending such employee for more than five consecutive
work days, reducing such employee in rank or pay, changing the
classification of such employee adversely, or removing or
discharging such employee, which types of personnel actions are
not considered to be subject to the aforementioned grievance
procedures. Such appeals shall be made within ten calendar days
after the exhaustion of all administrative remedies available to
such employee; provided, however, that such an appeal shall not
be available to heads of city departments or non-clerical
employees in the office of the city manager.

Within ten working days of receipt of notice of such an appeal

the board shall convene a hearing which may be in public or in
executive session at the option of the appellant and at which the
appellant may be represented by legal counsel or by some other
person of his own choosing. The city may be represented by
counsel or by the head of the department in which the appellant
employee is employed. As soon as practicable after such hearing
the board shall report in writing its findings and
recommendations to the city manager, which findings and
recommendations are to be merely advisory and in no way
mandatory or binding upon the city manager. (7-1-74, § 1.)

Sec. 2-189.6. Employee classification plan.

A classification plan shall be recommended by the director of
personnel and approved by the city manager. It shall set forth
titles, duties and specifications for the various kinds of work
performed by employees of the city. Changes in the classification
plan may be recommended from time to time by the director of
personnel and shall take effect when approved by the city
manager. The class titles set forth in the classification plan shall
be used to designate such positions in all official records,
documents, vouchers and communications, and no person shall be
appointed to or employed in a position within the city service
under any class title which has not been recommended by the
director of personnel and approved by the city manager as
appropriate to the duties to be performed. (7-1-74, § 1.)

Sec. 2-189.7. Employee pay plan—Generally.

There shall be a pay plan consisting of a salary range for each
class of positions in the classification plan, which shall provide for
increments within such range to be earned by length of service
and satisfactory performance. Each class of positions shall be
allocated to a salary range with due regard to the salary ranges
for other classes and to the relative difficulty and responsibility
of characteristic duties of positions in the class, the desirable
qualifications, the prevailing rates paid within the effective
recruiting area, and any other factors that have a bearing on the
adequacy and fairness of the range. The pay plan shall be
submitted to city council by the city manager for review and
approval. (7-1-74, § 1.)

Sec. 2-189.8. Same—Changes.

The director of personnel shall constantly review the pay
ranges of classifications within the pay plan and, when
necessary, make recommendations for changes to the city
manager. The ranges of pay for each class of positions may be
changed by the city manager upon such recommendation of the
director of personnel, provided appropriate funds are available
for any increases in the ranges, and provided further, that no
more than five percent of the total authorized positions are
affected by any single action. Any amendment or revision of the
pay plan which exceeds the foregoing limitation shall be
transmitted to the council for approval. (7-1-74, § 1.)

Sec. 2-189.9. Same—Interpretation.

The director of personnel shall be responsible for interpreting
and applying the pay plan to pay questions or problems which are
not specifically addressed by the pay plan. (7-1-74, § 1.)

Sec. 2-189.10. Administrative personnel regulations.

The director of personnel shall prepare and recommend to the
city manager a grievance procedure and such other
administrative regulations as he may consider necessary to carry
out the provisions of sections 2-189.2 to 2-189.11 and to provide
systematic and equitable handling of the personnel affairs of the
city. Before recommending any such regulations to the city
manager the director of personnel shall cause copies of the same
to be posted in a conspicuous place in city hall and in such other
locations as are reasonably calculated to inform all city employees
of the provisions of the proposed regulations. There shall be
attached to such posted copies a notice setting forth the time and
place at which the director of personnel shall conduct a public
hearing at which any city employee may appear to be heard for or
against such regulations. Such notice shall be posted not less than
five working days prior to such hearing. Following such hearing
the director of personnel shall submit such amendments or
revisions thereto as he shall deem necessary to the city manager
for final approval or disapproval. Upon approval by the city

manager such regulations shall be in force until amended or
rescinded by the foregoing process. (7-1-74, § 1.)

Sec. 2-189.11. Equal employment opportunity.

The City of Charlottesville shall maintain and promote equal
employment opportunity. Appointments, tenure and promotions
shall be based upon fitness and performance without regard to
sex, race, religion, national origin, political affiliation or other
non-job related factors. (7-1-74, § 1.)

Article XIV. Beautification Commission.

Sec. 2-190. Established; name.

There is hereby established a Charlottesville-Albemarle joint
commission for beautification, which shall be known as the
Charlottesville and Albemarle Beautification Commission.
(4-15-63.)

Sec. 2-191. Bylaws.

The beautification commission shall act in accordance with
bylaws adopted by the city council and Albemarle County Board
of Supervisors hereafter, which bylaws shall be spread in the
current ordinance books of the city and county, and which are
herein incorporated by reference. (4-15-63.)

meeting, to be signed by himself and the president, and shall
preserve all books and papers of the commission in his office.
(1-6-64.)

Sec. 2-194. City treasurer to keep account and be custodian
of funds.

The city treasurer shall keep an account of and shall be the
custodian of all money, securities, bonds and other evidences
of debt belonging to the retirement fund. (1-6-64.)

Sec. 2-195. Setting apart funds for retirement plan.

The city council shall appropriate each year a sum estimated
to be sufficient for that fiscal year to make all payments
required by the city's supplemental retirement or pension
plan, and any unexpended funds so appropriated, shall be
placed in a fund to be known as the Retirement Fund. The
Retirement Fund and the annual increments to the fund, if
any, shall be invested as set forth in section 2-196. The annual
income from the Retirement Fund may be used toward
the payments due under the city's supplemental retirement or
pension plan, as amended; or, such annual income may be
added to the principal of the fund until such time as the city
council determines that the Retirement Fund has sufficient
principal and that income from such principal will suffice to
make the payments due under such retirement plan. (1-6-64.)

Sec. 2-196. Investment of funds.

The retirement fund commission shall apply all appropriations,
interest and profits from any securities, bonds or other
evidences of debt held by them to the purchase of bonds or
certificates of debt of this city, of this state, of the United
States or of some other state of the United States or to the
purchase of any other securities which, under the laws of
this state, are designated and approved for the investment of
fiduciary funds. The accrued interest and dividends on such
securities shall be collected by the city treasurer when due and
deposited to the credit of the Retirement Fund. All such securities
or reinvestments of the same and the interest and
dividends thereon shall be reinvested according to the provisions
of this section; provided, that unless some other

provision is made by the city council for such payment, sufficient
funds shall be retained as cash in the fund to provide
for the payments under the retirement plan. (1-6-64.)

Sec. 2-197. Annual report to council.

The retirement plan commission shall, through the city
treasurer, not later than February 28 of each year, make a report
of the condition of the retirement fund to the city council.
The report shall contain any changes the retirement plan
commission desires to recommend concerning the retirement
fund or the retirement plan and such report shall also state
the cash receipts for the year in detail, an itemized list of securities
bought or sold, with the price paid or received and
a detailed list of all assets of the fund. Such report shall be
audited and approved by the secretary of the retirement plan
commission before it is presented to the city council. (1-664.)

Sec. 2-198. Disbursements.

All disbursements by the retirement plan commission shall
be by warrant of the secretary, countersigned by the president
of the commission, drawn on the city treasurer. (1-6-64.)

Sec. 2-199. Opening safety deposit box.

The bank safety deposit box of the retirement plan commission
shall be opened only in the presence of the city treasurer
or his deputy and one member of the retirement plan
commission other than the city treasurer. (1-6-64.)

Article XVI. Supplemental Retirement or Pension Plan.[88]

Sec. 2-200. Definitions.

For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to
them by this section:

Continuous service. Service during which time an employee

was not absent from the payroll of the city for longer than
ninety days at any one time, except with the consent of the
city council. Should an absence for a longer period than ninety
days be caused by accident, illness or other event beyond
the control of the employee, the city council may authorize
such absence to be considered as continuous service.

Absence on account of service in the armed forces of the
United States in time of war or under any military training
law of the United States or any state, territory or district
thereof shall not be regarded as interrupting continuous service,
provided the employee returns to the service of the city
within ninety days after termination of his military service.

Should an employee leave the service of the city and later
be reemployed, the basis for computing time for retirement
pay purposes shall be from the time of reemployment.

Full-time employees of the city. Those employees who are
employed by the city on a full-time year-round basis, whether
paid by the hour, week, month or otherwise. Such term does
not include any person, judicial, professional or otherwise,
employed either on a part-time basis or on a seasonal basis;
nor does it include any official elected by the people or any
person employed in the office of such people; except, that it
does include the commissioner of revenue, the city treasurer,
the city sergeant, the clerk of the corporation court and their
full-time employees; and, it does include the judge of the municipal
court, the judge of the juvenile domestic relations
court and the commonwealth attorney, but not their employees.
Employees of the public school system of the city
and the employees of the joint health department are not
included since these departments participate in the state retirement
system. State officials and persons employed in the
office of such officials, regardless of whether or not the city
contributes to the salaries of such persons, are not included.

Regular annual salary. The annual amount of money paid
by the city to an employee. The regular annual salary of the
city commissioner of revenue, city treasurer, city sergeant,
the clerk of the corporation court and their full-time employees
shall be the amount set by the state compensation
board. The regular annual salary of an employee paid on an
hourly basis shall be computed at his regular hourly rate

times the regular number of working hours per week times
fifty-two. (11-2-59; 4-3-61.)

Sec. 2-201. Established; effective date; name.

Effective November 2, 1959, there is hereby established a
retirement or pension plan for city employees, to be known
as "The Supplemental Retirement or Pension Plan of the City
of Charlottesville, 1959." (11-2-59.)

Sec. 2-202. Contributions by employees not required; amount
of social security payments to be deducted from
benefits.

No contribution by city employees will be required in connection
with the retirement pay plan established under this
article, but the amount of any payments for primary social
security benefits to which such employee is entitled under the
old age or disability benefit provisions of the federal Social
Security Act, at the time he becomes eligible to receive retirement
or disability pay shall be deducted from the total
amount of such retirement pay due from the city as is set
forth in section 2-208 so that the primary social security benefits
to which the employee is entitled under the federal Social
Security Act together with the supplemental retirement pay
to be paid by the city to such employee, shall equal the total
amount of such retirement pay as is set forth in section 2-208,
and any increase in social security benefits to an employee subsequent
to the time he becomes eligible to receive retirement
or disability pay will not decrease the amount of retirement
pay due from the city. (11-2-59; 2-19-68.)

Sec. 2-203. Benefits from police, fire, etc., benefit associations
in addition to benefits under article.

Any payments or benefits received by an employee from
the police or fireman's benefit associations or other similar
organizations which are not financially dependent upon the
city are separate and in addition to any retirement pay to
be paid under the provisions of this article. (11-2-59.)

Sec. 2-204. Benefits not affected by employment after retirement.

The city makes no limitations on the activities of an employee

after retirement. The fact that he may be employed
elsewhere after retirement will not affect the payment of the
retirement pay herein provided. (11-2-59.)

Sec. 2-205. Minimum length of service prior to retirement.

No city employee shall be eligible for retirement unless such
employee has at least ten years of continuous full time service
with the city. (11-2-59; 2-2-70.)

Sec. 2-206. Applicability of plan; retirement age; reduced
benefits for retirement at sixty-two; retirement
of certain employees over sixty-two may be
requested.

The provisions of this article shall extend to all full-time
employees of the city who

(1) Remain in the continuous service of the city until they
reach the age of sixty-five years and have ten years or more of
continuous service with the city; or

(2) Meet the requirements of (1) above but decide to retire at
age sixty-two or over at reduced benefits as set forth in section
2-207; or

(3) Are forced to retire for reasons of disability as set forth in
section 2-209; or

(4) Are, having reached the age of sixty-two or over and having
at least twenty years of continuous service, requested to retire by
the city council, if appointed by them, or by the city manager, if
employed by him or his department heads; or

(5) Complete at least twenty years of continuous and full-time
employment with the city and terminate their employment either
voluntarily or involuntarily, prior to their reaching retirement
age. These persons shall be eligible to receive retirement pay from
the city when they reach the age of sixty-five, or at reduced
benefits at age sixty-two or over as provided in this article, at the
rates set forth in section 2-208.

Retirement pay under this section shall be based on the amount
of the employee's salary and the number of years of service
effective at the time his city employment is terminated.

Notwithstanding any other provision of this article or section,
any employee, regardless of age, who shall have been
continuously employed by the city on a full-time basis for a period
of forty-five years or more, shall be eligible to retire with full
benefits as set forth in this article. (11-2-59; 4-3-61; 2-19-68; 4-2-73.)

Sec. 2-207. Basis for retirement pay.

Retirement pay shall be based upon regular annual salary
received at the time of retirement, except as otherwise provided in
this article, and upon years of continuous service, not less than
ten, in accordance with the table set out in this article. Except in
those cases covered in subsection (a) of section 2-213, the
retirement pay of any employee who continues his service with
the city after reaching the age of sixty-five years shall be based on
rate of compensation and length of service at age of sixty-five,
regardless of any further service with the city, but subject to and
including any increase or decrease that the employee would have
received under the provisions of section 2-208 had he retired at
age sixty-five; provided, that if such retirement is done prior to
the age of sixty-five, the employee shall receive reduced benefit as
follows: If retired at the age of sixty-two, eighty per cent; if
retired at the age of sixty-three, eighty-six and two-thirds per
cent; if retired at the age of sixty-four, ninety-three and one-third
per cent of the amount he would receive if he retired at the age of
sixty-five. (11-2-59; 4-15-63.)

Sec. 2-208. Retirement pay rates.

Subject to the terms of this article, including the reduction for
primary social security benefits, as provided in section 2-202, the
city will pay retirement pay on a monthly basis to any person
eligible to receive such retirement pay in accordance with the
formula set forth below.

FORMULA FIXING RETIREMENT PERCENTAGES
BASED ON SALARY AND YEARS OF SERVICE
AND INCLUDING PRIMARY SOCIAL SECURITY
BENEFITS.

       

Annual Salary At Time of Retirement	10 Yrs. Thru 14 Yrs.	15 Yrs. Thru 19 Yrs.	20 Years and Over
Up to $15,000 per yr.	30% of salary, plus 2% for each full year of service after 10th thru 14th	40% of salary, plus 2% for each full year of service after 15th thru 19th	50% of salary, plus ½ of 1% for each full year of service after the 20th
On portion of salary over $15,000	The above plus— On portion of salary in excess of $15,000, 20%, plus 2% for each full year of service after 10th thru 14th	The above plus— On portion of salary in excess of $15,000, 30%, plus 2% for each full year of service after 15th thru 19th	The above plus— On portion of salary in excess of $15,000, 40%, plus ½ of 1% for each full year of service after the 20th
Minimum	Minimum pay from city, $30.00 per month	Minimum pay from city, $40.00 per month	Minimum pay from city, $50.00 per month plus 5% for each full year in excess of 20 years

(11-2-59; 4-15-63; 2-15-65; 7-29-66; 2-19-68; 2-2-70.)

Sec. 2-209. Disability retirement after ten years service.

A city employee shall be eligible for disability retirement
under the applicable conditions and terms of this article when
due to physical disability after at least ten years of continuous
employment such retirement is recommended by the
employee's physician and, at the city's option a physician
selected by the city concurs in the medical findings and recommendation
of the employee's physician and such retirement is
approved by the city council. (11-2-59; 4-15-63; 2-2-70.)

Sec. 2-210. Commencement date of retirement pay.

Any person entitled to retirement pay under this plan shall
be paid on a monthly basis, commencing with the last day of
the month in which he becomes eligible to receive retirement
pay. (11-2-59; 2-19-68.)

Sec. 2-211. Withholding from benefits for taxes.

Retirement pay provided under this article is taxed as income
to the employee under the present federal income tax
laws, and the city will withhold and remit the tax to the government
as is required by law. (11-2-59.)

Sec. 2-212. Continuation of employment after age sixty-five.

All employees who come under the terms of this article
will be retired upon reaching the age of sixty-five, except as
provided in section 2-206, unless their continued services are
requested by the department head in whose department such
employees are employed and agreed to by the city manager
and such employees. In the case of department heads, their
service may be continued by the city manager, with the approval
of the city council. In the case of city council appointees,
the commissioner of revenue, the city treasurer, the city sergeant,
the clerk of the corporation court and their employees,
continued service shall be approved by the city council. No
employee shall be required to serve beyond the retirement age
if he wishes to retire, and he shall be eligible for any retirement
pay to which his length of service, not less than ten
years, and rate of pay entitle him under the provisions of this
article. (11-2-59; 4-15-63.)

Sec. 2-213. Employees not having ten years of service at
age sixty-five.

(a) When an employee employed before November 2, 1959,
reaches the age of sixty-five years and does not have at least
ten years of continuous employment with the city, his
employment shall terminate forthwith unless his continued
service is requested as provided in section 2-212. If such employee's
service is continued until he does have at least ten

years or more of continuous service with the city, he shall
then become eligible for retirement under this article, with
his retirement pay being based on rate of annual salary at
age of sixty-five and length of service being computed at
ten years.

(b) When an employee employed after November 2, 1959,
reaches the age of sixty-five years and does not have at least
ten years of continuous employment with the city, his employment
shall terminate forthwith, except as provided in section
2-212. (11-2-59.)

Sec. 2-214. Employment after sixty-five deemed temporary.

If an employee continues his service with the city after reaching
the age of sixty-five years, such continued service is temporary
and may be discontinued at any time by recommendation of the
department head and the city manager, or by the city council, as
the case may be. (11-2-59.)

Sec. 2-215. Increase or decrease in retirement pay.

Whenever the city increases or decreases the pay of its active
employees, the retirement pay of all retired employees may be
increased or decreased by the city council in approximately the
same ratio as the active employees within the same compensation
group. (11-2-59.)

Sec. 2-216. When employees not eligible for retirement pay.

Any employee whose employment with the city is terminated
either voluntarily or involuntarily before becoming eligible for
retirement pay under section 2-206 and related provisions of this
article shall not be eligible for retirement pay under this article.
(11-2-59; 5-6-68.)

Sec. 2-217. Applicability of article to previous retirants.

Retirement pay being paid by the city to retired city employees
as of November 2, 1959, shall not be affected by this article;
except, that the provisions of sections 2-215 and 2-218 shall apply
thereto. (11-2-59.)

Sec. 2-218. Early retirement for police and firemen.

Notwithstanding the provisions of sections 2-200 through 2-217,
all police and firemen serving as such shall be retired at the end of
the month in which they attain the age of sixty years. The pension
payable shall be computed in accordance with section 2-208.

Upon the attaining of the age of sixty-five years, or upon earlier
accepting social security benefits, the contribution of the city
shall be reduced by an amount equal to the primary social

security benefits for which the retired employee is eligible or is
actually receiving. (6-21-71.)

Sec. 2-219. Right of council to make changes of policy; waiver
of strict application of policy.

The city council reserves the right, from time to time, to make
changes in the policy expressed in this article and to make
exceptions in individual cases where the strict application of the
policy herein expressed would, in the opinion of the city council,
cause an unjust hardship. (11-2-59; 6-21-71, § 1.)

Article XVII. Official Safety Program.

Sec. 2-220. Duties of departments, officers and organizations.

The official safety program shall be carried into effect by the
following organizations or departments.

(a) The police department and all of its sworn personnel.

(b) The paid fire department and all of its personnel.

(c) The volunteer company designated as the "Charlottesville
Fire Company" and all of its members.

(d) The city sheriff and all of his deputies and correctional
officers.

(e) The Charlottesville-Albemarle Rescue Squad, Inc. and all of
its volunteer members. (9-5-72.)

Article XVIII. Social Development Commission.

Sec. 2-221. Established; purpose.

There is hereby created and established a commission to be
designated as the social development commission, whose purpose
shall be to advise the city council on matters related to human
resources and social development and to provide a mechanism for
citizen involvement in more effective planning and delivery of
human services. The matters with respect to which the
commission shall advise council shall include but not be limited to
the following: Manpower and job development, youth services,

elderly, the arts, information and referral, aspects of
transportation and aspects of housing. (3-11-74, § 1.)

Sec. 2-222. Composition, appointment and terms.

The social development commission shall be composed of
thirteen members, who shall be appointed by city council with a
view to providing a broad representation of various segments of
the community.

Of the members first appointed, five shall be appointed for
terms of three years each, four for terms of two years each and
four for terms of one year each. Thereafter all appointments shall
be for three years, except for appointments to fill vacancies,
which shall be for the unexpired remainder of the term. No
member shall serve for more than two terms, except for the
members initially appointed to a term of one or two years and
members appointed to fill vacancies, who may serve for two
additional full terms. (3-11-74, § 1.)

Sec. 2-223. Removal from office.

Any member of the social development commission may be
removed from office by city council for malfeasance or for
absence from four or more regularly scheduled meetings in any
calendar year. (3-11-74, § 1.)

Sec. 2-224. Meetings.

The social development commission shall hold a minimum of
one regularly scheduled meeting per month and may hold such
additional special meetings and work sessions as may be called by
the chairman or at the request of any five members made in
writing to the secretary of the commission. Upon receipt of such
written request, the secretary shall notify the membership of the
time, place and purpose of the meeting, at least five days in
advance thereof. A majority of the members appointed to the
commission shall constitute a quorum. All meetings of the
commission shall be subject to the provisions of the Virginia
Freedom of Information Act. A complete record of all public

meetings shall be maintained and available to the public. (3-11-74,
§ 1.)

Sec. 2-225. Officers.

The social development commission shall elect annually from
among its membership a chairman and a vice-chairman, who
shall act as presiding officer in the absence of the chairman. The
director of the department of community development shall
serve, ex officio, as secretary of the commission but shall have no
vote in matters being considered by the commission. (3-11-74, § 1.)

Sec. 2-226. Powers and duties.

In furtherance of the general purposes for which it is
established, the social development commission is hereby
authorized to:

(a) Promulgate regulations and procedures for the conduct of
its business, consistent with general law and with such directives
as city council may from time to time issue to the commission.

(b) Conduct public hearings on human service issues and
establish rules for the advertisement and conduct of such
hearings.

(c) With approval of city council, establish task forces to
examine and make recommendations upon specific matters
related to human resources and human services being delivered or
proposed to be delivered by the city and other public or private
agencies.

(d) Examine, discuss, amend or critique the reports of such
task forces, and reports or matters submitted to it by the
department of community development and other city
departments or agencies, and make recommendations of its own
on such matters, to city council; provided, that at such time as
such reports or recommendations are transmitted to city council,
the city manager may append to such reports or
recommendations such comments and recommendations as he
may deem necessary and proper. The city manager shall transmit
the report of the commission and any such comments and

recommendations to council within five business days of receipt
of such report.

(e) Publish and distribute any such reports if the commission
finds such preparation and publication to be advisable.

(f) Develop, review and recommend for adoption or amend
from time to time the human resource components of the city's
comprehensive plan.

(g) Meet jointly with the city planning commission, by
agreement therewith or at the direction of the city council, to
discuss issues which are of mutual concern to both commissions,
to coordinate activities and to exchange information.

(h) Consider and report upon any other matter which city
council may from time to time refer to the commission.

The commission shall have no authority to charge the city with
any liability or to incur any expenses except as may be expressly
authorized by the city council and after funds have been
appropriated by the city council for the purpose. (3-11-74, § 1.)

CHAPTER 3.

Animals, Birds and Fowl.[89]

§ 3-1. Definitions.

§ 3-2. Dangerous animals.

§ 3-3. Destructive animals.

§ 3-4. Barking or howling dogs.

§ 3-5. Domestic animals at large.

§ 3-6. Straying of pigeons or other fowl.

§ 3-7. Keeping hogs in city.

§ 3-8. Keeping sheep in city.

§ 3-9. Keeping animals overnight for shipment or sale.

§ 3-10. Parking vehicles containing livestock.

§ 3-11. Bitches in heat.

§ 3-12. City designated bird sanctuary; exception.

§ 3-13. Killing birds.

§ 3-14. Animals with contagious or infectious diseases.

§ 3-15. Carcasses—Carrying beyond city limits or burial.

§ 3-16. Same—Placing or permitting to remain on street, lot, etc.

§ 3-17. Same—Death from infectious diseases.

§ 3-18. Exhibiting stallion or jack.

§ 3-19. Feeding animals in the streets.

§ 3-20. Unattended animals attached to vehicles.

§ 3-21. Selling, trading or speeding animals in streets.

§ 3-22. Cockfighting.

§ 3-23. Fighting dogs or other animals.

§ 3-24. Disposal of manure.

§ 3-25. Cruelty to animals.

§ 3-26. Keeping unlicensed dog.

§ 3-27. Confinement of dog that has bitten person.

§ 3-28. Dogs at large.

§ 3-29. Dogs in public buildings, food establishments, etc.

§ 3-30. Rabies—Confining or muzzling dogs.

§ 3-31. Same—Cats.

§ 3-32. Same—Compulsory inoculation.

§ 3-33. Same—Same—Evidence required before issuance of license.

§ 3-34. Same—Same—Tag evidencing vaccination.

§ 3-35. Same—Same—Dogs brought into city for showing or breeding.

Sec. 3-1. Definitions.

The following words, terms and phrases, when used in this
chapter, shall have the meaning ascribed to them in this section:

Dog. Every dog, regardless of sex or age.

Owner. Every person having right of property in a dog, or
who keeps or harbors a dog, or has a dog in his care, or
who acts as a custodian of a dog.

To run at large or running at large. To roam, loiter, walk,
run or be off the premises of the owner without being caged,
physically carried or held by leash by a person thoroughly
capable both physically and mentally of controlling the dog.
(7-5-60.)

Sec. 3-2. Dangerous animals.

No person shall suffer or permit any animal belonging to
him or under his control and known or reasonably suspected
of being dangerous to go at large in the city or be kept in the
city at any time except in strict confinement in such manner
as to be safe for the public at large or any person who may
have occasion to go on the premises on which such animal is
kept.

If the owner of any animal known or reasonably suspected
of being dangerous shall fail to take it into custody after
being notified to do so by the chief of police, such animal may
be killed by any police officer who may deem it necessary for
the safety of the public. Upon complaint or warrant alleging
that a dangerous animal is being allowed to run at large
in the city, or is not being confined in the manner provided
by the preceding paragraph, the owner or person in control
of such animal shall be brought before the judge of the
municipal court of the city and, after inquiry into the facts,
such judge shall order such animal killed by the police department
or make such further disposition of the case as
shall insure the future safety of the public from danger from
such animal. If the owner or party in control of such animal
cannot be ascertained, then such animal shall be taken into
custody by the police department and, upon its being determined
that the preceding paragraph is being violated with

respect to such animal, it shall be disposed of as hereinbefore
provided, just as if the owner or party in control of such animal
were present. (Code 1959, § 3-1.)

Sec. 3-3. Destructive animals.

No person shall suffer or permit any animal belonging to
him or under his control to go upon the land of any other
person and damage or destroy any garden, shrub, grass or
other property thereon.

Any person owning property which is damaged or destroyed
by any violation described in the foregoing paragraph
may enter his complaint by a warrant issued against
the owner or custodian of the animal involved and the complaint
shall be heard by the judge of the municipal court as
all other complaints under criminal warrants are heard.
Upon a second conviction within the period of one year of
any offense under this section involving the same animal, the
judge of the municipal court shall order the owner or custodian
of such animal to take it into custody and to confine
it in such a way that it will not be permitted to run at large
at any time. Upon the failure of such owner or custodian
to comply with this order, such animal shall be seized by the
chief of police or his duly authorized representative and destroyed.
(Code 1959, § 3-2.)

Sec. 3-4. Barking or howling dogs.

The harboring or keeping of any dog which, by loud, frequent
or habitual barking or howling, shall cause annoyance
and disturb the peace and quiet of any person or neighborhood
is hereby declared to be a nuisance and unlawful.

Any person annoyed by such loud, frequent or habitual
barking or howling may enter his complaint by warrant returnable
to the municipal court, where the complaint shall
be heard as all other complaints under criminal warrants
are heard. Upon a finding by the judge of the municipal
court that the dog involved is a loud, frequent and habitual
barker or howler and causes annoyance and disturbs the
peace and quiet of the complainant or neighborhood, the
owner or custodian of such dog shall be punished as provided
in section 1-5. Upon a second conviction within the period of

one year of any offense under this section involving the same
dog, the judge of the municipal court shall order the owner
or custodian of such dog to remove it from the city within
a period of two weeks. Upon the failure of such owner or
custodian to comply with this order, such dog shall be seized
by the chief of police or his duly authorized representative
and destroyed. (Code 1959, § 3-3.)

Sec. 3-5. Domestic animals at large.

No person shall permit a horse, mule, cow or hog to go at
large in the city. Any horse, mule, cow or hog found at large
shall be impounded until redeemed. If not redeemed within
five days after advertisement has been made in one of the
city papers, it may be sold by the chief of police and the proceeds,
after deducting the amount of the fine and costs of
arrest, keeping and advertising, shall be held by the city
treasurer for the benefit of the owner; provided, that no
such animal shall be advertised until it has been impounded
for forty-eight hours. (Code 1959, § 3-4.)

Sec. 3-6. Straying of pigeons and other fowl.

It shall be unlawful for any person to permit any pigeons
or other fowl belonging to him to go at large in the city;
except, that homing pigeons may be released for return to
their cote without violating this section. (Code 1959, § 3-5;
8-3-59.)

Sec. 3-7. Keeping hogs in city.

No hogs shall be kept in the city except for immediate
shipment or slaughter. (Code 1959, § 3-6.)

Sec. 3-8. Keeping sheep in city.

No sheep shall be kept in the city except for immediate
shipment or slaughter. (Code 1959, § 3-7.)

Sec. 3-9. Keeping animals overnight for shipment or sale.

It shall be unlawful to keep within the city, between
the hours of 10:00 P. M. and 5:00 A. M., any herd, flock or

group of cattle, calves, sheep or swine intended for shipment
or sale; provided, that this section shall not apply between
the hours of 10:00 P. M. on Saturday and 5:00 A. M. on
Sunday and shall not apply to animals which may have been
delivered to any railway company for shipment, while in the
custody of such railway company.

Three or more animals shall be considered a herd, flock or
group within the terms of this section. (Code 1959, § 3-8.)

Sec. 3-10. Parking vehicles containing livestock.

It shall be unlawful to park any vehicle containing livestock
on any street within any R-1 residential district, R-2
residential district or R-3 multiple-dwelling district within
the city, as designated by the Zoning Ordinance,[90] for more
than one-half hour. A vehicle shall be considered parked for
one-half hour if it is not moved at least one block within that
period. (Code 1959, § 3-9.)

Sec. 3-11. Bitches in heat.[91]

No owner of any bitch in heat shall permit her to go at
large in the street or allow her to remain on his premises to
the annoyance of the neighborhood. Any such bitch shall be
taken into custody by the police, and if not redeemed by the
payment of the fine within twenty-four hours, the bitch
shall be killed; but the killing of the bitch shall not exempt
its owner from a penalty for the violation of this section.
(Code 1959, § 3-10.)

Sec. 3-12. City designated bird sanctuary; exception.

The entire area embraced within the corporate limits of
the city is hereby designated as a bird sanctuary. Except as
provided in section 3-13, it shall be unlawful to trap, hunt,
shoot or attempt to do the same, any bird or wild fowl or to
tamper with or rob nests of any bird or wild fowl. (3-2-64.)

Sec. 3-13. Killing birds.

No person shall kill any sparrow, martin, wren or other

bird. This section and section 3-12 shall not apply to pigeons
or starlings. (Code 1959, § 3-11; 8-3-59; 3-2-64.)

Sec. 3-14. Animals with contagious or infectious diseases.

It shall be unlawful for any person to bring into the city
or drive through the streets of the city any horse or other
animal suffering from any contagious or infectious disease.
(Code 1959, § 3-12.)

Sec. 3-15. Carcasses—Carrying beyond city limits or burial.

The carcasses of all animals which die in the city shall be
carried one-half mile beyond the limits of the city or be
buried in some suitable place. (Code 1959, § 3-13.)

Sec. 3-16. Same—Placing or permitting to remain on street,
lot, etc.

No person shall place or cause to be placed, in any street
or lot within the city, the carcass of any animal, or shall
suffer any such nuisance to remain on any such lot owned or
held by him. (Code 1959, § 3-14.)

Sec. 3-17. Same—Death from infectious diseases.

When any cow, horse or other animal shall die of a contagious
or infectious disease, the owner thereof shall forthwith
notify the chief of police and he shall at once cause such
animal to be buried in some suitable place at least four feet
deep. All expenses of such burial shall be borne by the owner
and may be collected of him as fines are collected, should he
refuse to pay the same. (Code 1959, § 3-15.)

Sec. 3-18. Exhibiting stallion or jack.

No person shall exhibit any stallion or jack, otherwise
than in harness or under saddle, or have the same serve a
mare, within the city. (Code 1959, § 3-16.)

Sec. 3-19. Feeding animals in the streets.

No person shall feed any animal in the streets of the city.
(Code 1959, § 3-17.)

Sec. 3-20. Unattended animals attached to vehicles.

No owner or driver or person having charge of any wagon,
dray, cart, carriage or other vehicle shall permit any horse
or other animal attached thereto to run away with the same
in the city through negligence or want of proper care, or
permit such animal to stand upon any street of the city without
being properly fastened by the bridle or reins, or without
having some person to watch the same and prevent its starting.
(Code 1959, § 3-18.)

Sec. 3-21. Selling, trading or speeding animals in streets.

No person shall trade or show or offer for sale or sell any
stock of any kind in the streets of the city. (Code 1959, §
3-19.)

Sec. 3-22. Cockfighting.[92]

No person shall cause any match or main of cocks to be
fought within the city, or shall heel, trim, pit or handle any
cock so fought, or shall bet at any such match or main. Every
owner of any such cock consenting to his fighting shall be
deemed equally guilty. (Code 1959, § 3-20.)

Sec. 3-23. Fighting dogs or other animals.[93]

No person shall cause any match of dogs or other animals
to be fought within the city, or shall handle any such dog
or other animal so fought, or shall bet at any such match, or
shall allow his dog or other animal to be so matched, either
for prize or diversion. (Code 1959, § 3-21.)

Sec. 3-24. Disposal of manure.

Every person owning or occupying any building or part of
a building where one or more horses, mules, cows or similar
animals are kept shall maintain in connection therewith, constructed
and screened in accordance with regulations of the
health department, a bin or pit for the reception of manure

and, pending the removal from the premises of the manure
from the animals aforesaid, shall place such manure in such
bin or pit.

No person owning or occupying any building or part of a
building in which any horse, mule, cow or similar animal is
kept shall keep any manure, or permit any manure to be kept,
in or upon any portion of the premises other than the bin
or pit provided for that purpose nor shall any person aforesaid
allow any such bin or pit to be overfilled or to be needlessly
uncovered.

No person shall permit any manure to accumulate on premises
under his control in such manner or to such an extent as
to give rise to objectionable odors upon any public highway
or upon any premises owned or occupied by any person other
than the person owning or occupying the premises on which
the manure is located. Every person having the use of any
manure bin or pit shall cause all such manure to be removed
from the premises weekly. (Code 1959, § 3-22.)

Sec. 3-25. Cruelty to animals.[94]

It shall be unlawful for any person to overdrive, overload
or to drive when overloaded or unfit for work, or deprive
of necessary sustenance, or to torture, torment, or cruelly
beat, mutilate, or cause or procure to be so overdriven, overloaded,
overworked, deprived of necessary sustenance, tortured,
tormented, cruelly beaten or mutilated, any animal,
either as owner or otherwise.

The word "animal" shall be held to include every living
dumb creature. The words "torture" and "torment" shall be
held to include every act, omission or neglect, whereby unnecessary
or unjustifiable physical pain or suffering is caused
or permitted; and the words "owner" and "person" shall be
held to include corporations as well as individuals; and the
knowledge and acts of any person employed by corporations
in regard to animals transported, owned or employed by or
in the custody of such corporation, shall be held to be the
act and knowledge of such corporation. (Code 1959, § 3-23.)

Sec. 3-26. Keeping unlicensed dog.[95]

It shall be unlawful for any person to keep within the city
any dog for which a license has not been secured as provided
by the laws of the state. (Code 1959, § 3-24.)

Sec. 3-27. Confinement of dog that has bitten person.

Upon information to the police department or the game
warden that a dog has bitten a person, it shall be the duty
of the chief of police, the game warden or the official representative
of either, upon ascertaining the identity of such
dog, to direct that it be confined for a period of not less than
ten days and not more than forty-five days, such confinement
to be either in the city pound or with a veterinarian approved
by the health officer, as the person who owns or controls such
dog shall select; provided, that the person who owns or controls
such dog shall bear the cost of any such confinement
with a veterinarian. It shall further be the duty of the chief
of police, the game warden or the official representative of
either, immediately after directing that such dog be so confined,
to notify the health officer and he or his designated
representative shall then assume the responsibility of supervising
such confinement and ordering the dog to be released
when he deems that it is safe for the dog to run at large.

Should the person who either owns or controls such dog
fail or refuse to confine it as hereinabove provided, the chief
of police, the game warden or the official representative of
either shall immediately take such dog into custody and confine
it in the city pound and the person owning or controlling
such dog shall forthwith be summoned by the chief of police,
the game warden or the official representative of either to
appear in the municipal court, where the matter shall be
heard as all other matters are heard on criminal warrants.
Upon finding that such person either owns or controls a dog
that has bitten a person, the judge of the municipal court
shall order the dog confined in the city pound or with a veterinarian
approved by the health officer for a period of not less
than ten days and not more than forty-five days, at the cost
of the person who owns or controls such dog. Such confinement
shall be under the supervision of the health officer or

his designated representative, either of whom shall later
inform the court when, in his opinion, such dog may with
safety be released. (Code 1959, § 3-25.)

Sec. 3-28. Dogs at large.

It shall be unlawful for the owner of any dog to allow such
dog to run at large, at any time, within the city, even though
the dog be both lawfully licensed and vaccinated. Any person
violating this section, upon conviction, shall be fined a minimum
of two dollars for the first offense in any one year,
and for each successive violation in any one year, shall be
fined a minimum of five dollars, with a maximum fine of not
more than one hundred dollars for any offense, whether first
in any one year or subsequent. (7-5-60.)

Sec. 3-29. Dogs in public buildings, food establishments, etc.

It shall be unlawful for the owner of any dog to allow,
cause or permit such dog to enter any public building, restaurant,
ice cream parlor, soft drink parlor or any office or
store during the time that such business establishments are
open for public business, unless the dog is on a leash or
otherwise under the immediate control of such owner. (7-5-60.)

Sec. 3-30. Rabies—Confining or muzzling dogs.[96]

If at any time the mayor has cause to apprehend the existence
of rabies among the dogs in the territory over which the
city has police jurisdiction, it shall be lawful for him to
require, by proclamation, placarded in conspicuous places,
and published in one or more of the newspapers of the city,
that all dogs be confined to the premises of their owners or
effectively muzzled for such time as he may prescribe. During
such period the owners or keepers of all unmuzzled dogs,
if known, shall be summoned before the judge of the municipal
court to show cause why they should not be punished for
noncompliance with this section. If the owners or keepers are
not known, the dogs shall be caught by the police in as quiet

a manner as possible and confined forty-eight hours, at the
end of which time the judge of the municipal court shall
order them to be killed, if not redeemed by the owners or
some other person paying such fine as may be prescribed by
the judge, the fine not to exceed ten dollars in any case. No
policeman shall shoot any unmuzzled dog found at large, in
the street, unless necessary to protect the public. (Code 1959,
§ 3-26.)

Sec. 3-31. Same—Cats.

If at any time the mayor has cause to apprehend the existence
of rabies among the cats in the city, it shall be lawful
for him to require by proclamation, published in a newspaper
in the city, that all cats be confined to the premises of their
owners for such time as may be prescribed. No person shall
permit a cat to run at large during such period.

Any cat found running at large during such period may
be caught and confined and, if not claimed within forty-eight
hours, shall be destroyed. (Code 1959, § 3-27.)

Sec. 3-32. Same—Compulsory inoculation.

No dog over six months old shall be permitted within the
boundaries of the city unless such dog shall have been vaccinated
or immunized against rabies, within a period of thirty-six
months, with a chicken embryo (Flury strain) rabies vaccine.

It shall be unlawful for any person to own, keep or harbor
any dog over six months old within the city unless such dog
shall have been vaccinated or inoculated against rabies, within
a period of thirty-six months, with a chicken embryo
(Flury strain) rabies vaccine approved by the state department
of health. (Code 1959, § 3-28; 5-20-63.)

Sec. 3-33. Same—Same—Evidence required before issuance
of license.

No license shall be issued by the city treasurer or his agent
for any dog unless there is presented to the city treasurer or
his agent, at the time application for such license is made,
evidence satisfactory to him or his agent that such dog has
been inoculated or vaccinated against rabies, within the past

thirty-six months, with a chicken embryo (Flury strain)
rabies vaccine approved by the state department of health.
(Code 1959, § 3-29.)

Sec. 3-34. Same—Same—Tag evidencing vaccination.

It shall be unlawful for any owner or his agent to allow a
dog to run at large in the city at any time without a collar
and tag evidencing the latest vaccination. (Code 1959, § 3-30.)

Sec. 3-35. Same—Same—Dogs brought into city for showing
or breeding.

Sections 3-32 to 3-34 shall not apply to any dogs temporarily
brought into the city, for a period not to exceed thirty
days, for showing or breeding purposes, if such dogs remain
confined at all times. (Code 1959, § 3-31.)

CHAPTER 4.

Architectural Design Control.[97]

§ 4-1. Restricted design district.

§ 4-2. Board of architectural review—Created.

§ 4-3. Same—Powers and duties.

§ 4-4. Same—Composition; qualifications of members.

§ 4-5. Same—Terms of members.

§ 4-6. Same—Vacancies; continued absence from meetings.

§ 4-7. Same—When alternate member shall serve.

§ 4-8. Same—Compensation.

§ 4-9. Same—Quorum.

§ 4-10. Same—Chairman; vice-chairman; secretary.

§ 4-11. Same—Removal of member.

§ 4-12. Certificate of appropriateness—Required before issuance of
building permit; exceptions.

§ 4-13. Same—Issuance; signing; copy to be attached to plans; failure
of board to act within sixty days.

§ 4-14. Rejection of plans.

§ 4-15. Appeals.

§ 4-16. Injunctions.

Sec. 4-1. Restricted design district.

In order to promote the general welfare of the city through
the preservation and protection of an area of historic, artistic
and cultural interest in the city and for the preservation of
economic values represented thereby, there is hereby created
an area to be designated as the "restricted design district."
Such district is situate in the general environs of Court
Square and is defined by a sketch of the engineering department
of the city on file in the office of the clerk of the council,
wherein the outside boundaries of the restricted design district
are established by stated distances from the street lines
upon which those properties affected about. (Code 1959, § 4-1.)

Sec. 4-2. Board of architectural review—Created.

For the purpose of making effective the provisions of this
chapter, there is hereby created a board to be known as the
"board of architectural review." (Code 1959, § 4-2.)

Sec. 4-3. Same—Powers and duties.

The board of architectural review shall pass upon the appropriateness
of exterior arhcitectural features of buildings
and structures hereafter erected, reconstructed, altered or restored
in the restricted design district wherever such exterior
features are subject to public view from a part of any street
within the restricted design district. All plans, elevations and
such other information deemed necessary by the board to determine
the appropriateness of the exterior features of such
buildings shall be made available to the board by the applicant,
through the office of the building official.

The board, in passing upon the appropriateness of exterior
architectural features, in any case, shall keep in mind the
purposes set forth in section 4-1 and shall consider among
other things the general design of buildings or structures
which shall be Early Virginia, Greek Revival, Mid-Nineteenth
Century Vernacular, or a contemporary interpretation of any
of these styles, which shall be harmonious in materials and
color with the old and conforming buildings or structures in
the designed controlled area.

The board shall not consider structural details, relative
size of building and structures, interior arrangements or

features not subject to public view from a part of any street
within the restricted design district.

The board shall not make any requirements except for the
purpose of preventing developments obviously incongruous to
the historic and cultural aspect of the district. (Code 1959, §
4-3.)

Sec. 4-4. Same—Composition; qualifications of members.

The board of architectural review shall be composed of
seven members and an alternate member, appointed by the
city council, all of whom shall be qualified residents of the
city.

Of the members, two shall be certified architects, one a
member of the city planning commission, one an established,
licensed real estate broker and three other persons. The
alternate member, at the discretion of the appointing authority,
may be from any one of the foregoing categories. (Code
1959, § 4-4.)

Sec. 4-5. Same—Terms of members.

Of the members of the board of architectural review first
appointed, two shall be appointed for a term of one year,
two for a term of two years, two for a term of three years
and one for a term of four years. Thereafter, members shall
be appointed for terms of four years respectively. The alternate
member shall be appointed for a term of one year. Any
member, including the alternate member, at the discretion of
the appointing authority, may be reappointed for a full term
and the fact that a person has served a term as an alternate
member shall not disqualify him from appointment as one
of the regular members. No member shall serve for more
than two consecutive four-year terms. (Code 1959, § 4-5.)

Sec. 4-6. Same—Vacancies; continued absence from meetings.

Vacancies in the board of architectural review shall be
filled for an unexpired term in the manner in which original
appointments are required to be made. The continued absence
of any member from the regular or called meetings of
the board shall, at the discretion of the appointing authority,

render such member liable to immediate removal from office.
(Code 1959, § 4-6.)

Sec. 4-7. Same—When alternate member shall serve.

The alternate member of the board of architectural review
shall serve, at the request of the board's chairman, at any
meeting when, for any reason, a regular member is absent
or declines to serve at such meeting. (Code 1959, § 4-7.)

Sec. 4-8. Same—Compensation.

All members of the board of architectural review, including
the alternate member, shall serve as such without compensation.
(Code 1959, § 4-8.)

Sec. 4-9. Same—Quorum.

Four members of the board of architectural review present
and voting shall constitute a quorum and for this purpose the
alternate member shall be deemed to be a member of the
board. (Code 1959, § 4-9.)

Sec. 4-10. Same—Chairman; vice-chairman; secretary.

At the first meeting of the board of architectural review,
the members, by majority vote, shall elect one of their number
to serve as chairman. Thereafter, a chairman shall be elected
annually at the first meeting to be held on or after July first
in each year. Similarly, the members shall elect a vice-chairman
and a secretary. (Code 1959, § 4-10.)

Sec. 4-11. Same—Removal of member.

Any member of the board of architectural review may be
removed from office by the city council, after a public hearing,
for inefficiency, neglect of duty or malfeasance. (Code
1959, § 4-11.)

Sec. 4-12. Certificate of appropriateness—Required before issuance
of building permit; exceptions.

No building permit under the provisions of the Building
Code shall hereafter be issued for the erection, reconstruction,

alteration or restoration of the exterior of any building
or structure, or part thereof, within the restricted design district,
unless and until the applicant shall have secured a certificate
of appropriateness from the board of architectural
review; provided, that this requirement shall not apply when
the work proposed is only to maintain or repair part of a
building, such as a roof, porch, cornice, etc., and when no
change of design or general outside appearance of such building
is involved. (Code 1959, § 4-12.)

Sec. 4-13. Same—Issuance; signing; copy to be attached to
plans; failure of board to act within sixty days.

Upon approval of the plans for the erection, reconstruction,
alteration or restoration of the exterior of any building or
structure, or part thereof, within the restricted design district,
the board of architectural review shall cause a certificate
of appropriateness, certifying approval, to be issued to
the applicant. Such certificate is to be signed by the chairman
of the board and a copy thereof attached to the plans
submitted for approval.

If the board shall fail to take final action in any case within
sixty days after an application for a certificate of appropriateness
has been made, the application shall be deemed to have
been approved; provided, that such time limit may be extended
by mutual agreement. (Code 1959, § 4-13.)

Sec. 4-14. Rejection of plans.

In case of disapproval of plans submitted, the board of
architectural review shall state to the applicant its reasons
from such disapproval in writing and may make recommendations
to the applicant with respect to proper design, arrangement,
texture, material, color and the like of the building
rejected. (Code 1959, § 4-14.)

Sec. 4-15. Appeals.

An applicant whose plans have been disapproved by the
board of architectural review may, within thirty days after
receipt of notice of disapproval, file an appeal to the corporation
court of the city, in such manner as appeals are made
under the provisions of the statutes of Virginia from decisions

of the board of zoning appeals of the city.[98] (Code 1959,
§ 4-15.)

Sec. 4-16. Injunctions.

In addition to any penalty imposed for a violation of this
chapter, any such violation may be enjoined by the court
having jurisdiction and, as a part of such equitable relief, the
owner found to be in violation of this chapter may be required
to remove all nonconforming work and material from the
building or structure. (Code 1959, § 4-16.)

CHAPTER 5.

Barbershops.[99]

§ 5-1. Definitions.

§ 5-2. Permits.

§ 5-3. Equipment and appliances generally.

§ 5-4. Infectious diseases.

§ 5-5. Keeping in clean condition.

§ 5-6. Cleanliness of articles used on customers; sterilization.

§ 5-7. Towels and washcloths.

§ 5-8. Cleansing hands before serving customers.

§ 5-9. Alum, etc.

§ 5-10. Coverings for headrests.

§ 5-11. Shaving persons with skin infections.

§ 5-12. Treating skin diseases.

§ 5-13. Posting copy of chapter.

Sec. 5-1. Definitions.

For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:

Barber. Any person who shaves, or trims the beard, or cuts
or dresses the hair of any other person for pay, and such term
includes "barber's apprentices" and barbershop boys and
beauty shop operators.

Manager. Any person having for the time being control of
the premises and of persons working or employed therein.
(Code 1959, § 5-1.)

Sec. 5-2. Permits.

No person shall conduct a barbershop or hairdressing parlor
without a permit to do so, which permit shall be issued
by the health officer upon approval of the sanitary conditions
and methods used in conducting such business. Such permit
shall expire on December thirty-first of each year, but shall
be revoked at any time upon the violation of any provision
of this chapter. The fee for the permit shall be one dollar.
(Code 1959, § 5-2.)

Sec. 5-3. Equipment and appliances generally.

The owner and the manager of any barbershop shall equip
such shop and keep it equipped with running hot and cold
water and with all such appliances, furnishings and material
as may be necessary to enable persons employed in and about
the shop to comply with the requirements of this chapter.
(Code 1959, § 5-3.)

Sec. 5-4. Infectious diseases.

No owner and no manager of a barbershop shall knowingly
permit any person suffering from a communicable skin disease
or from venereal disease to act as a barber in such shop.
No person who to his knowledge is suffering from a communicable
or from a venereal disease shall act as a barber. (Code
1959, § 5-4.)

Sec. 5-5. Keeping in clean condition.

Every manager of a barbershop shall keep the shop and
all furniture, tools, appliances and other equipment used
therein at all times in a clean condition. (Code 1959, § 5-5.)

Sec. 5-6. Cleanliness of articles used on customers; sterilization.

No barber shall use for the service of any customer a comb,
hair brush, hair duster or any analogous article that is not

thoroughly clean, nor any mug, shaving brush, razor, shears,
scissors, clippers or tweezers that are not thoroughly clean
or that have not been sterilized since last used. (Code 1959,
§ 5-6.)

Sec. 5-7. Towels and washcloths.

No barber shall use for the service of a customer any towel
or washcloth that has not been boiled and laundered since
last used. (Code 1959, § 5-7.)

Sec. 5-8. Cleansing hands before serving customers.

Every barber shall cleanse his hands thoroughly immediately
before serving each customer. (Code 1959, § 5-8.)

Sec. 5-9. Alum, etc.

No barber shall, to stop the flow of blood, use alum or other
material unless the same be used as a powder or liquid and
applied on a clean towel or in a similar manner. (Code 1959,
§ 5-9.)

Sec. 5-10. Coverings for headrests.

No barber shall permit any person to use the headrest of
any barber chair under his control until after the headrest
has been covered with a towel that has been washed since
having been used before or with clean, new paper. (Code
1959, § 5-10.)

Sec. 5-11. Shaving persons with skin infections.

No barber shall shave any person when the surface to be
shaved is inflamed or broken out, or contains pus, unless such
person be provided with a cup and lather brush for his individual
use. (Code 1959, § 5-11.)

Sec. 5-12. Treating skin diseases.

No barber shall undertake to treat any disease of the skin.
(Code 1959, § 5-12.)

Sec. 5-13. Posting copy of chapter.

The owner and the manager of any barbershop shall keep
a copy of this chapter, to be furnished by the health officer,
posted in the shop in a conspicuous place, for the information
and guidance of persons working or employed therein and for
the information of the public. (Code 1959, § 5-13.)

CHAPTER 6.

Bicycles.[100]

§ 6-1. Registration required.

§ 6-2. Registration devices and cards; register kept by chief of police.

§ 6-3. Transfer of ownership.

§ 6-4. Reports by dealers in secondhand bicycles.

§ 6-5. Removal, destruction or alteration of registration number, device
or card; bicycle without legible serial number.

§ 6-6. Fee for registration; transferring registration; loss of devices or
cards.

§ 6-7. Penalties.

Sec. 6-1. Registration required.

It shall be unlawful for any person to operate or use a bicycle
propelled wholly or in part by muscular power upon
any of the streets or public highways of the city without first
obtaining a certificate of registration from the chief of police
of the city and attaching to such bicycle a registration number.
(Code 1959, § 6-1; 8-21-72.)

Sec. 6-2. Registration devices and cards; register kept by
chief of police.

The city shall provide registration devices and seals, together

with registration cards. The registration devices and
registration cards shall be numbered in numerical order, beginning
with the number one, and the design and identification
lettering thereon shall be approved by the chief of police. It
shall be the duty of the chief of police to cause to be attached
one of such registration devices to the frame of each bicycle
and to issue a corresponding registration card to the owner of
such bicycle upon the payment of the registration fee required
by section 6-6. Such registration device shall remain attached
to the bicycle for which it was issued during the period such
bicycle is operated within the city. The chief of police shall
keep a permanent register in which shall be entered the name,
address and age of the owner of each registered bicycle, the
date of registration and sufficient information to identify such
bicycle. (Code 1959, § 6-2; 8-21-72.)

Sec. 6-3. Transfer of ownership.

It shall be unlawful for any person to sell or transfer ownership
of any bicycle without reporting to the chief of police
within forty-eight hours from the time thereof full, complete
information relative to such transfer, so that such bicycle
may be registered in the name of the transferee. The
purchaser or transferee of any such bicycle shall apply for a
transfer of registration therefor within five days from the
time the same is acquired by him. (Code 1959, § 6-3.)

Sec. 6-4. Reports by dealers in secondhand bicycles.

It shall be unlawful for any person engaged in the business
of buying secondhand bicycles, or any parts of secondhand
bicycles, to fail to report to the chief of police of the
city within forty-eight hours after acquiring any secondhand
bicycle, or parts thereof. Such report shall include the registration
number of such bicycle, a description of each bicycle
acquired, the frame number thereof and the name and address
of the person from whom the same was acquired. In case
of the purchase of any parts of a bicycle, the report shall describe
each part and give the name and address of the person
from whom the same was acquired. (Code 1959, § 6-4.)

Sec. 6-5. Removal, destruction or alteration of registration
number, device or card; bicycle without legible
serial number.

It shall be unlawful for any person wilfully or maliciously to
remove, destroy, mutilate or alter the number of any bicycle
frame registered pursuant to this chapter. It shall also be
unlawful for any person wilfully or maliciously to remove,
destroy, mutilate or alter any registration device or registration
card issued pursuant to the provisions of this chapter during the
time in which the bicycle for which such registration device or
card was issued is operated. Nothing in this chapter shall prohibit
the chief of police from stamping a number on the frame of a
bicycle on which no serial number can be found or on which such
number is illegible or insufficient for identification purposes.
(Code 1959, § 6-5; 8-21-72.)

Sec. 6-6. Fee for registration; transferring registration; loss
of devices or cards.

The registration fee to be paid for each bicycle registered shall
be twenty-five cents. Once a bicycle has been registered in a given
name, the registration thereof may be transferred from one
owner to another, without the payment of an additional fee. The
fee above required shall cover all charges incident to registration
and the issuance of registration devices and cards. In the event of
the loss of a registration device or card, a duplicate may be issued
at the cost of twenty-five cents. All fees collected shall be turned
over to the director of finance, who shall pay the same into the
city treasury. (Code 1959, § 6-6; 8-21-72.)

Sec. 6-7. Penalties.

Every person convicted of a violation of this chapter shall, upon
conviction thereof, be punished as provided in section 1-5. In lieu
of a fine, or in case such fine is not paid, or in addition to such
fine, the court may require that any bicycle operated by the
owner or other person lawfully in control thereof, in violation of
the provisions of this chapter, be removed from the streets of the
city and that the person operating the same in violation of this

chapter shall not be permitted to operate such bicycle on the
streets of this city for a period not exceeding thirty days, in the
discretion of the trial judge. (Code 1959, § 6-7.)

CHAPTER 7.

Buildings.

§ 7-1. Building Code — Adoption.

§ 7-2. Repealed.

§ 7-2.1. Schedule of building permit fees.

§ 7-3. Fire zones established.

§ 7-4. Registration and bonding of contractors; exemptions.

Sec. 7-1. Building Code — Adoption.[101]

There are hereby incorporated by reference in this Code those
documents which, effective September 1, 1973, have been duly
adopted and designated by the authorized agencies of the state as
the Virginia Uniform Statewide Building Code. Copies of such
documents shall be kept on file for public inspection in the office
of the division of inspections. The provisions thereof shall govern
and control all matters concerning the construction, alteration,
addition, repair, removal, demolition, occupancy and maintenance
of all buildings, and all other functions which pertain to the
installation of systems vital to all buildings and structures and
their service equipment as defined by such Virginia Uniform
Statewide Building Code, and shall apply uniformly to all
buildings within the city. (10-15-73, § 1.)

Sec. 7-2. Repealed by ordinance adopted 10-15-73, § 1.

Sec. 7-2.1. Schedule of building permit fees.

Fees for building permits issued pursuant to the BOCA Basic
Building Code shall be as follows:

Schedule of Building Permit Fees

A minimum fee of five dollars shall be charged for each permit
issued when the total cost of the total physical value of the work
performed is less than one thousand dollars.

For all permits when the cost or the total physical value of the
work is in excess of one thousand dollars, the fee shall be based on
the following schedule:

One thousand dollars up to and including ten thousand
dollars, three dollars for each one thousand dollars or part
thereof.

Ten thousand and one dollars up to and including twenty
thousand dollars, two dollars for each one thousand dollars or
part thereof.

Twenty thousand and one dollars up to and including one
hundred thousand dollars, one dollar and fifty cents for each one
thousand dollars or part thereof.

All over one hundred thousand dollars, basic fee, one
hundred seventy dollars plus one dollar for each one
thousand dollars or part thereof.

All building permits shall be issued upon payment of a fee
based on the estimated total physical value. Upon completion of
the work for which a permit is issued, an accurate statement of
the actual cost thereof shall be furnished to the building official
by the party to whom the permit was issued. An adjustment of
the difference between the fee paid, based on the estimated total
physical value, shall be made. If the actual cost exceeds the
estimated cost, the party to whom the permit was issued shall pay
the difference in the fee; if the actual cost be less than the
estimated cost, the city director of finance is hereby authorized,
upon direction of the building official, to refund to the party, by
whom the estimated fee was paid, such portion thereof as
constitutes an overpayment. (3-17-75, § 1.)

Sec. 7-3. Fire zones established.

All areas within the B-3 Business, M-1 Restricted Industrial
and M-2 Industrial districts of the city are hereby declared to be
in and are hereby established as Fire District No. 1, and areas
within the B-Office Shop, B-1 and B-2 Business districts of the
city are hereby declared to be in and are hereby established as
Fire District No. 2 for the application of the regulations included
in the Virginia Uniform Statewide Building Code. (9-20-65,
10-15-73, § 2.)

building permit, shall not relieve the applicant or holder of
the permit from the payment, of other fees that may be prescribed
by law or ordinance for water taps, sewer connections,
plumbing or electrical permits, erection of signs and
display structures, marquees or other appurtenant structures,
or fees for inspections or other privileges or requirements,
both within and without the jurisdiction of the department
of building inspection.

"In applying the provisions of this code in respect to new
work, existing buildings, alterations and repairs, and the installation
of heating, air-conditioning, ventilating or other
equipment, the total physical value of the work may be determined
by the building official on the basis of current cost.

"Fees for permits issued hereunder shall be as follows:

"TABLE I

Schedule of Building Permit Fees

"A minimum fee of five ($5.00) dollars shall be charged
for each permit issued when the total cost of the total physical
value of the work performed is less than one thousand
dollars ($1,000).

"For all permits when the cost or the total physical value
of the work is in excess of one thousand dollars ($1,000),
the fee shall be based on the following schedule:

"$1,000.00 up to and including $10,000.00—$3.00 for each
one thousand dollars or part thereof.

"$10,001.00 up to and including $20,000.00—$2.00 for each
thousand dollars or part thereof.

"$20,001.00 up to and including $100,000.00—$1.50 for
each thousand dollars or part thereof.

"All over $100,000.00—$1.00 for each thousand dollars or
part thereof.

"All building permits shall be issued upon payment of a
fee based on the estimated total physical value. Upon completion
of the work for which a permit is issued, an accurate
statement of the actual cost thereof shall be furnished to the
building official by the party to whom the permit was issued.
An adjustment of the difference between the fee properly
chargeable, based on the actual cost, and the fee paid, based
on the estimated total physical value, shall be made. If the
actual cost exceeds the estimated cost, the party to whom the
permit was issued shall pay the difference in the fee; if the

actual cost be less than the estimated cost, the city director
of finance is hereby authorized upon direction of the building
official, to refund to the party, by whom the estimated fee
was paid, such portion thereof as constitutes an overpayment."

Section 311.0 is hereby amended and reenacted to read as
follows:

"Except as herein provided, no part of any building hereafter
erected and no additions to an existing building heretofore
erected shall project beyond the street lot line without
the consent of the city council."

Section 1904.1 is hereby amended and reenacted in the following
respects: That the words "City Electrical and Plumbing
Codes" be inserted after "Basic Code."

The following sections of the BOCA Basic Code, edition
1965, are hereby deleted:

• (1) Section 119.0. "Volume Computation".

• (2) Section 120.0. "Indemnity Bonds".

• (3) Section 403. "Volatile Flammables".

• (4) Section 425. "Trailer Camps".

• (5) Section 519. "Rear Yards".

• (6) Article 14. Signs and Outdoor Displays.

• (7) Article 15. Electrical Wiring and Equipment.

• (8) Article 17. Plumbing, Drainage and Gas Piping.

(9-20-65; 11-20-67; 10-21-68.)

Sec. 7-3. Fire zones established.

All areas within the B-3 Business, M-1 Restricted Industrial
and M-2 Industrial districts of the city are hereby declared
to be in and are hereby established as Fire District No.
1, and areas within the B-Office Shop, B-1 and B-2 Business
districts of the city are hereby declared to be in and are hereby
established as Fire District No. 2 for the application of
the regulations included in the Basic Building Code, edition
1965, published by the "Building Officials Conference of America."
(9-20-65.)

Sec. 7-4. Registration and bonding of contractors; exemptions.

It shall be the duty of every contractor or builder who
shall make contracts for the erection, construction, alteration,
repair or demolition of a building or structure, or part
thereof, or for the installation of any heating, air-conditioning
or ventilating unit or other equipment for which a permit
is required, and every contractor making such contracts
or subletting the same or any part thereof to register in the
office of the building official, giving full name, business and
residence address. Every such person shall give good and sufficient
bond in the sum of five thousand dollars, to be approved
by the city attorney, conditioned to conform to approved plans
and specifications prepared by a duly licensed architect or
engineer or, otherwise, conditioned to conform to the Building
Code and other ordinances of the city pertaining to buildings
and building construction, to indemnify and save harmless
the city, its citizens, residents and property owners against
any and all loss by reason of failure to comply with the requirements
of this chapter and from neglect or carelessness in
performance of the work.

No person shall be issued a license to engage in the contracting
business until a certificate of registration shall have
been issued by the building official, and then only upon presentation
of such certificate to the commissioner of revenue of
the city.

All plumbing and electrical contractors required to register
under chapter 22 and chapter 10 shall be exempt from the
above registration and bonding requirements.

Heating, air-conditioning and ventilating contractors not
registered under the provisions of chapter 22 and chapter 10
shall be required to register and post bond in the same manner
as required for plumbing and electrical contractors.

Such registration and bond shall be renewed annually and
placed in the hands of the building official on or before the
first day of May of each year. Such registration and bonds
shall be properly recorded and filed in the department of engineering

and shall be open to public inspection during office
hours.

The building official may suspend the registration of any
person found to be willfully in violation of the requirements
of this chapter and may revoke a permit or approval issued
under the terms of this chapter in case there has been any
false statement or misrepresentation as to a material fact in
the application or plans on which a permit or approval was
based. (9-20-65.)

CHAPTER 8.

City Planning.[102]

§ 8-1. City planning commission established.

§ 8-2. Composition of commission; appointment, terms and compensation;
vacancies.

§ 8-3. Chairman and vice-chairman of commission; secretary.

§ 8-4. Meetings of commission; adoption of rules; records.

§ 8-5. Powers and duties of commission.

§ 8-6. Improvements in subdivisions prior to installation of gas, water
and sewer mains.

Sec. 8-1. City planning commission established.

There is hereby created and established, pursuant to sections
15.1-437 to 15.1-445 of the Code of Virginia, a planning
commission for the city, which shall be known as the city
planning commission. (Code 1959, § 8-1.)

Sec. 8-2. Composition of commission; appointment, terms and
compensation; vacancies.[103]

The city planning commission, heretofore established, is
hereby continued. It shall consist of seven members, all of

whom shall be appointed by the city council and shall serve
without compensation. The members shall be qualified voters
from the city who hold no other municipal office. The appointments
and terms of the six members not holding municipal
office are hereby ratified and confirmed. In July 1972, the council
shall appoint the seventh member not holding municipal
office. Such initial appointment shall expire on August 31, 1974.
Upon the expiration of such terms, all subsequent appointments
shall be for four year terms.

Vacancies occurring otherwise than through the expiration
of the term of a member shall be filled by appointment by the
council for the unexpired term. (Code 1959, § 8-2; 10-18-65;
4-3-69; 2-16-71; 7-10-72.)

Sec. 8-3. Chairman and vice-chairman of commission; secretary.[104]

The members of the city planning commission shall elect
from their number a chairman and vice-chairman, who shall
serve as such for a term of one year and shall be eligible for
re-election. They shall also select a secretary, who need not
be a member of the planning commission, but who shall serve
without compensation unless and until payment or compensation
shall have been expressly authorized by the city council.
(Code 1959, § 8-3.)

Sec. 8-4. Meetings of commission; adoption of rules; records.[105]

The city planning commission shall hold at least one regular
meeting in each month, shall adopt such rules and regulations
for the transaction of its business as it may deem necessary
and shall keep a written record of its resolutions, transactions,
findings and determinations. (Code 1959, § 8-4.)

Sec. 8-5. Powers and duties of commission.

The city planning commission shall have such powers and
perform such duties as are set forth in sections 15.1-437 to
15.1-445 of the Code of Virginia.

The commission shall have no authority to charge the city
with any liability or to incur any expenses except as may be
expressly authorized by the city council and after funds have
been appropriated by the city council for the purpose. (Code
1959, § 8-5.)

Sec. 8-6. Improvements in subdivisions prior to installation of
gas, water and sewer mains.[106]

After the approval by the planning commission, in accordance
with the subdivision ordinance,[107] of the plan of any new
subdivision of land proposed to be made within the city and
before any lots are offered for sale in such subdivision, the
subdivider shall make the improvements required by the subdivision
ordinance on all streets on which lots are to be offered
for sale.

A subdivider with a subdivision approved by the planning
commission prior to February 19, 1962, may make the improvements
required by the subdivision ordinance in force at
the time the subdivision was approved; or, the subdivider
with such subdivision may make the improvements required
by the subdivision ordinance after February 19, 1962. (Code
1959, § 8-6; 12-18-60; 4-15-63.)

CHAPTER 9.

Courts.[108]

Article I. Municipal Court.

§ 9-1. Appointment, term, qualifications, etc., of judge.

§ 9-2. Jurisdiction; powers and duties of judge.

§ 9-3. When court open for business; vacation period.

§ 9-4. Compensation of judge.

§ 9-4.1. Retirement of judges.

§ 9-5. Trial fees; accounting for fines, fees and costs.

§ 9-6. Fines for use of city; collection.

§ 9-7. Imprisonment upon nonpayment of fine.

§ 9-8. Substitute judge.

§ 9-9. Courtroom, office and supplies.

§ 9-10. Bailiff and clerk of court.

Article II. Juvenile and Domestic Relations Court.

§ 9-11. Appointment and term of judge.

§ 9-12. Jurisdiction and duties.

§ 9-13. Compensation of judge.

§ 9-14. Accounting for fines and fees.

Article I. Municipal Court.[109]

Sec. 9-1. Appointment, term, qualifications, etc., of judge.[110]

The appointment, term, qualifications, oath and bond of the
judge of the municipal court shall be as fixed by state law and
the charter of the city. (Code 1959, § 9-1.)

Sec. 9-2. Jurisdiction; powers and duties of judge.[111]

The judge of the municipal court shall have jurisdiction of
and shall try all violations of the City Code and other city
ordinances within the corporate limits and inflict such punishment
as may be prescribed for a violation of the same. He
shall also have such jurisdiction and powers and perform such
duties as are provided by state law and the Charter of the
city. (Code 1959, § 9-2.)

Sec. 9-3. When court open for business; vacation period.[112]

The municipal court shall be open for the transaction of
business every day in the year except Saturdays, Sundays and
legal holidays, but the judge shall be allowed annually a vacation
period of not more than two weeks with pay. (Code 1959,
§ 9-3.)

Sec. 9-4. Compensation of judge.[113]

The judge of the municipal court shall receive a salary, in
such amount as may be fixed by the city council, to be paid by
the city in monthly installments. He shall receive no other
compensation for his services. (Code 1959, § 9-4.)

Sec. 9-4.1. Retirement of judges.

Notwithstanding any other provision of this Code, any
municipal court judge having attained the age of fifty-five
years who has completed ten years or more of continuous
service in such position shall be eligible for retirement, and
upon electing to retire, shall receive an annual pension during
his lifetime equal to four and one-half percent of the

highest annual salary he has received during his term of service
multiplied by the number of years of such service, not
to exceed fifteen years; provided, however, that in no case
shall the amount of such pension exceed the sum of six thousand
dollars annually. No rights under this section shall be
deemed to have vested until such judge shall have attained the
age of fifty-five and completed ten years of service; however,
upon the attainment of such age and completion of such service,
the rights of any such judge shall be deemed vested
and contractual and shall not be abrogated or diminished
on account of any subsequent amendment or repeal of this
section. In addition to such pension, any judge electing to retire
pursuant to this section shall be eligible upon such retirement
to receive the hospitalization and life insurance benefits
allowed to city employees retiring pursuant to article XVI of
chapter 2 of this Code. (3-9-73.)

Sec. 9-5. Trial fees; accounting for fines, fees and costs.

At or before the time of hearing had before the judge of
the municipal court on any claim over which such judge is
given jurisdiction, the plaintiff in such claim shall pay to the
judge of the municipal court a trial fee of fifty cents for one
hundred dollars of value or fraction thereof, claimed in such
warrant. The trial fee shall be taxed as part of the costs.

In all criminal cases heard on warrant by the judge of the
municipal court, there shall be taxed as a part of the costs a
trial fee of one dollar.

The judge of the municipal court shall cause to be kept a
record of all fines, forfeitures, fees and costs imposed, arising
or collected in the administration of his office, and shall cause
to be reported and paid by the clerk of the municipal court
to the director of finance, daily, all trial fees and civil and
criminal costs except that all fines collected for convictions
under the state law shall be reported and paid to the clerk
of the corporation court, as is provided by state law. (Code
1959, § 9-5.)

Sec. 9-6. Fines for use of city; collection.[114]

All fines imposed under this Code or any other ordinance of
the city shall be for the use of the city. When imposed, the
offender may be committed and the fines may be collected by
execution directed to the chief of police and returnable in
fifteen days before the judge of the municipal court. The
officer levying shall sell the article levied on for cash, on the
City Hall lot, or at such other place in the city as the officer
levying may desire, after five days' notice posted at the door
of the municipal court. (Code 1959, § 9-6.)

Sec. 9-7. Imprisonment upon nonpayment of fine.[115]

Anyone against whom a fine is adjudged may be confined
in jail by the order of the judge of the municipal court until
such fine and the costs are paid; provided, that no term of
imprisonment for the nonpayment of a fine and costs shall
exceed ninety days. (Code 1959, § 9-7.)

Sec. 9-8. Substitute judge.[116]

A substitute judge of the municipal court shall be appointed
as provided by state law. Such substitute judge shall have
such powers, perform such duties and receive such compensation
as are provided by state law. (Code 1959, § 9-8.)

Sec. 9-9. Courtroom, office and supplies.[117]

The city manager shall furnish the judge of the municipal
court, at the expense of the city, with a courtroom, an office
and all necessary furniture, books and stationery, which shall
be under the control of the judge, but shall remain the property
of the city. (Code 1959, § 9-9.)

Sec. 9-10. Bailiff and clerk of court.[118]

The judge of the municipal court shall appoint a bailiff, who
shall also be clerk of the municipal court. The bailiff and
clerk shall attend all sessions of the court, receive all fees and
fines imposed and report and pay the same daily to the director
of finance and shall perform such other duties as may be
required of him by the judge, by state law, and by the city
council. He shall be paid such monthly salary as may be fixed
by the city council and shall give such bond as is prescribed
by section 2-186. (Code 1959, § 9-10.)

Article II. Juvenile and Domestic Relations Court.[119]

Sec. 9-11. Appointment and term of judge.[120]

The judge of the juvenile and domestic relations court of
the city shall be appointed at such time, and in such manner
and for such term of office and by such authority as is or may
be provided for by the laws of the state. (Code 1959, § 9-11.)

Sec. 9-12. Jurisdiction and duties.[121]

The judge of the juvenile and domestic relations court shall
have such duties and jurisdiction as may be prescribed by
the laws of the state. (Code 1959, § 9-12.)

Sec. 9-13. Compensation of judge.[122]

The judge of the juvenile and domestic relations court shall
receive such salary as may be fixed by the city council. Such
salary shall be full compensation for his services as such
judge. (Code 1959, § 9-13.)

Sec. 9-14. Accounting for fines and fees.[123]

All fines or fees collected for the violation of this Code or
any other city ordinance shall be accounted for and paid by
the judge of the juvenile and domestic relations court, on or
before the tenth day of each month, to the director of finance.
(Code 1959, § 9-14.)

CHAPTER 10.

Electrical Code.[124]

§ 10-1. City electrician—Appointment; compensation; bond.

§ 10-2. Same—Powers and duties generally.

§ 10-3. Same—Not to engage in electrical business.

§ 10-4. Same—Right of entry; obstructing.

§ 10-5. Registered electrician only may make installations, etc.;
helpers.

§ 10-6. Electrical contractors — License and registration required;
examination; fee.

§ 10-7. Same—Bond required.

§ 10-8. Same — Liability for damages resulting from violation of
chapter.

§ 10-9. Registration of electricians; type of work authorized.

§ 10-10. Individual permits for installations or alterations—Form and
content of application; issuance.

§ 10-11. Same—For others than employees.

§ 10-12. Same—Upon undertaking work started by another.

§ 10-13. Same—Fees.

§ 10-14. Annual permit for installation, etc., on applicant's premises.

§ 10-15. Inspections—When required; uncovering concealed work.

§ 10-16. Same—Notice to city electrican; certificate of approval; connection
certificate.

§ 10-17. Same—Additional inspections.

§ 10-18. Temporary installations and wiring.

§ 10-19. Requirements for installations generally; conformity with
National Electrical Code.

§ 10-20. Standards for air conditioning installation.

§ 10-21. Rigid metal conduit; metallic tubing or armored metal cable;
surface metal raceways.

§ 10-22. Service entrance requirements.

§ 10-23. Wiring in existing buildings.

§ 10-24. Installation of radio and television antennas.

§ 10-25. Materials and appliances to be approved.

§ 10-26. Selling unapproved appliances, etc.

§ 10-27. Trademarks, identification, etc., of materials, equipment, etc.

§ 10-28. Dead wires; unsafe poles, wires, etc.

§ 10-29. Identification of utility poles.

§ 10-30. Electrical construction in streets, etc.

§ 10-31. Use of poles for city wires.

§ 10-32. Electrical board.

Sec. 10-1. City electrician — Appointment; compensation;
bond.

A city electrician shall be appointed by the city manager
subject to the approval of the city council. He shall receive
such compensation as the city council, on the recommendation
of the city manager, may fix, payable in equal monthly installments.
The city electrician shall give bond in such amount
as the city council may deem necessary. (Code 1959, § 10-1.)

Sec. 10-2. Same—Powers and duties generally.

The city electrician shall be charged with the duty of enforcing
the laws of the city relating to electricity. He shall
also perform such other duties as the city manager may assign
to him.

He shall inspect all buildings in the course of erection,
alteration or repair for the purpose of seeing that the laws
and ordinances covering electrical work are complied with.

Upon being notified by an electrical contractor engaged in
work for which he has received a permit, the city electrician
shall promptly examine such work and shall approve or condemn
it, ordering the removal of any defective or illegal material
or any electrical work failing to comply with the provisions
of this chapter.

The city electrician or his authorized assistant shall issue
all permits for electrical work and issue the required approval
certificate upon the satisfactory completion of such work.

The city electrician shall have general supervision of all
electrical lights used for city purposes and it shall be his duty
to require any person furnishing electricity to the city under
contract to comply with its terms, and in the event of failure
to do so, he shall report such failure to the city manager.

The city electrician shall be charged with the upkeep and
maintenance in good working order of the electric fire alarm
and traffic systems. He or his representative shall attend all
fire alarms, reporting to the person or officer in command at
the scene of the fire, and shall be empowered to require the
electrical utility company to remove all lines and turn off all
current where the circuits interfere with the work of the fire
department, or are liable to injure life or property, and shall
supervise such work by the electrical utility company.

The city electrician shall direct, regulate and determine the
placing, operation and maintenance of electric wires and other
appliances for light, heat or power and he shall cause all such
wires or appliances to be so placed, constructed, guarded and
insulated that they will not cause injury to life or property.

The city electrician shall have special charge of the enforcement
of all ordinances relating to electricity and the use
thereof in the streets of the city, parks or other public places.
He shall report to the city manager any person violating any
of the provisions of this Code relative to electricity.

The city electrician shall also examine electrical wiring and
apparatus in existing buildings when so requested in writing
by any citizen or when he may deem it in the public interest.
If the city electrician shall find, after examination, that the
electrical wiring or apparatus is in a condition so as to endanger
life or property, he shall cause the current to the
building to be cut off, unless the defective conditions are
immediately remedied in accordance with his directions.
(Code 1959, § 10-2.)

Sec. 10-3. Same—Not to engage in electrical business.

The city electrician shall not engage in the electrical business
or any other business pertaining thereto or be interested,
either directly or indirectly, in any firm or corporation

engaged in such lines of business during his term of office.
(Code 1959, § 10-3.)

Sec. 10-4. Same—Right of entry; obstructing.

The city electrician or his duly authorized representative is
hereby authorized and empowered to enter upon any building
or premises in the city for the purpose of seeing that the
laws, rules and regulations in regard to electrical installations
are complied with. Any person preventing the city electrician
or his duly authorized representative from entering
any building or premises in the performance of his official
duties or obstructing or hindering him in the performance
of such duties shall be punished as provided in section 1-5.
(Code 1959, § 10-4.)

Sec. 10-5. Registered electrician only may make installations,
etc.; helpers.

Only a registered electrician shall be allowed to make any
electrical installations or alterations (except radio and antenna
as provided in section 10-26); provided, that each registered
electrician actually engaged in performing electrical
work may have one or more helpers or apprentices directly
under his supervision. (Code 1959, § 10-5.)

Sec. 10-6. Electrical contractors—License and registration required;
examination; fee.

No person shall be licensed to make installations of electrical
systems for the general public or be engaged in the
electrical business, unless such person has been examined as
set forth below, and has had at least three years' apprenticeship
in the electrical trade, or, if a firm or corporation, unless
such firm or corporation has in its employ and in charge of its
electrical work a person who has been trained as aforesaid.
Any person about to engage in the electrical business or
the installation of electrical systems in the city shall first
be licensed as required by the license laws of the city. Before
such license shall be issued by the commissioner of revenue,
the applicant shall exhibit a certificate of registration, issued
by the city electrical board, which shall show that

such person has had at least three years' apprenticeship in the
electrical trade, has successfully passed a written examination
as to his knowledge of standard electrical practices based on
the provisions of this chapter and the current National Electrical
Code and has executed the bond required by section
10-7. Such certificate of registration shall be sufficient proof
that the applicant has been duly qualified to engage in the
electrical business as required by this chapter. A fee of ten
dollars shall be paid for such examination and the issuance of
the certificate, independent of the city license tax. The fee
shall be paid in advance of the examination. (Code 1959, §
10-6; 3-20-61.)

Sec. 10-7. Same—Bond required.

Each person engaged in the electrical business shall enter
into a bond with corporate security satisfactory to the city
manager, in the penalty of five thousand dollars, to indemnify
and save harmless the city, its citizens, residents and property
owners against any and all loss by reason of his failure
to comply with the requirements of this chapter or for neglect
or carelessness in his work, and conditioned further that
should any such work be defective or incomplete and should
such person fail to correct the same within the time specified
by the city electrician on forms provided for this purpose, the
city manager may have such work corrected or completed and
the cost thereof, as well as all the costs or expenses incurred
in collecting the same, may be recovered on the bond.

Such bond shall be renewed annually and filed with the city
electrician on or before the first day of May of each year.

The increase in the sum of the bond shall apply to bonds required
to be filed on or before May 1, 1973. (Code 1959, § 10-7;
7-3-72.)

Sec. 10-8. Same—Liability for damages resulting from violation
of chapter.

Every person engaged in the electrical business shall make
good all damages arising by reason of any violation of this

chapter. Work improperly done and not corrected as required
by the city electrician may be corrected by the city manager
and the cost thereof and twenty per cent additional collected
from such person. Any such violation shall subject such person
to punishment as provided in section 1-5 and to revocation
of his license to do business. (Code 1959, § 10-8.)

Sec. 10-9. Registration of electricians; type of work authorized.

A person not registered as an electrical contractor under
sections 10-6 to 10-8 who has had at least two years' apprenticeship
in the electrical trade and has successfully passed an
examination, either oral or written, as to his knowledge of
standard electrical practices, based on the provisions of this
chapter and the latest edition of the National Electrical Code,
may be registered as an electrician. Such registered electrician
may do electrical work as follows:

(1) Under the supervision of a registered electrical contractor,
or

(2) On the premises of a person by whom he is regularly
employed as an electrician, and who has secured a permit
upon application to the city electrician to have electrical work
done by a regularly employed registered electrician, or

(3) Such registered electrician employed on a full-time
basis by a dealer in electrical appliances may install and connect
such appliances to suitable outlets installed by an electrical
contractor.

A fee of two dollars and fifty cents shall be paid for such
examination and for the issuance of such certificate. (Code
1959, § 10-9.)

Sec. 10-10. Individual permits for installations or alterations
—Form and content of application; issuance.

No alterations or installations of electrical wiring or any
type of electrical appliance or fixture shall be made without
first obtaining a permit therefor. An application for such

permit shall be made to the city electrician on forms prescribed
by him. Such application shall be accompanied by
such sketches and other information as may be required by
the city manager to enable the city officials to determine
whether or not such proposed work is in conformity with the
provisions of this chapter. Upon the approval of such application
the city electrician shall issue a written permit for
such work. (Code 1959, § 10-10.)

Sec. 10-11. Same—For others than employees.

It shall be unlawful for any electrical contractor to take out

permits for any person not in his employ. (Code 1959, §
10-11.)

Sec. 10-12. Same — Upon undertaking work started by
another.

Any electrical contractor taking a job which has been
started by another shall take out a new permit for such work
and shall be responsible for the entire work. (Code 1959, §
10-12.)

Sec. 10-13. Same—Fees.

The following fees shall be paid to the city for each permit
issued by the city electrician for the installation or alteration
of wiring, except as provided in section 10-21, within the city,
and the receipt of these fees shall be endorsed on the application
by the city electrician:

Estimated Cost

                               

Minimum	Maximum	Permit Fee
$ 1.00	$ 15.00	$ 1.00
15.01	50.00	2.00
50.01	75.00	3.00
75.01	100.00	4.00
100.01	150.00	6.00
150.01	200.00	8.00
200.01	250.00	10.00
250.01	300.00	12.00
300.01	400.00	15.00
400.01	500.00	18.00
500.01	1,000.00	20.00
1,000.01	2,000.00	25.00
2,000.01	3,000.00	30.00
3,000.01	4,000.00	35.00
4,000.01	5,000.00	40.00

When the estimated cost exceeds five thousand dollars, the
permit fee shall be forty dollars, plus two dollars for each
additional one thousand dollars or fraction thereof, but in no
event exceeding five hundred dollars.

The estimated cost shall include labor and material involved
in the installation, or replacement of all electric wires, cords,
cables, raceways, busways, boxes, cabinets, gutters, troughs,
fittings, switches, devices, circuit breakers, controllers, relays;
signal, time, temperature and communication equipment;
overcurrent devices, receptacles, lampholders; lighting fixtures,
fittings and accessories; panelboards, switchboards,
switchgear, transformers, batteries, resistors, reactors, rectifiers,
control and distribution centers; light posts and standards,
poles and accessories and other nonelectrical materials
used in conjunction therewith; but shall exclude the cost of
labor and materials involved in the installation or replacement
of appliances, motors, generators, machinery and similar
equipment.

All such electrical permits shall be issued upon payment of
a fee based on the estimated total physical value as hereinabove
set forth. Upon completion of the work for which such
a permit is issued, an accurate statement of the actual cost
thereof shall be furnished to the city electrician by the party
to whom the permit was issued; and thereupon adjustment of
the difference between the fee properly chargeable, based on
the actual cost, and the fee paid, based on the estimated total
physical value, shall be made. If the actual cost exceeds the
estimated cost, the party to whom the permit was issued shall
pay the difference in fee; if the actual cost be less than the
estimated cost, then the director of finance is hereby authorized,
upon request of the city electrician to refund to the
party, by whom the estimated fee was paid, such portion
thereof as constitutes an overpayment. (Code 1959, § 10-13;
12-20-48; 2-6-61.)

Sec. 10-14. Annual permit for installation, etc., on applicant's
premises.

In lieu of an individual permit for each installation or
alteration, an annual permit shall, upon application therefor,
be issued to any person regularly employing one or more
electricians for the installation, alteration and maintenance
of electrical equipment in or on buildings or premises owned
or occupied by the applicant for the permit. The application
for this annual permit shall be made in writing to the electrical

inspector and shall contain a description of the premises
on which work is to be done under the permit.

The person to whom an annual permit is issued shall keep
a record of all electrical equipment installed under such permit,
and the electrical inspector shall have access to such
records. Each annual permit shall expire on the thirty-first
day of December of the year in which it was issued.

No fee shall be required for an annual permit, but upon
inspection by the city electrician of the work done thereunder,
the holder of such annual permit shall pay the fees which
would have been payable for the issuance of individual permits
for each item of work done. (Code 1959, § 10-14.)

Sec. 10-15. Inspections — When required; uncovering concealed
work.

All electrical work for which a permit is issued under the
provisions of this chapter shall be inspected by the city electrician
at such stages in the process of the work as he may
consider necessary in order to determine whether or not the
provisions of this chapter have been fulfilled. In the course
of such inspections, the city electrician shall be empowered
to demand that any uninspected electrical work, which may
have become concealed in the further construction on the
given project, be uncovered and any obstructions moved in
order to allow a careful examination of the work. (Code 1959,
§ 10-15.)

Sec. 10-16. Same—Notice to city electrician; certificate of approval;
connection certificate.

Upon the completion of the work covered by a given permit,
the person doing the same shall notify the city electrician,
who in turn shall make a final inspection of the work
within thirty-six hours thereafter, and shall issue a certificate
of approval on the same if the work is satisfactorily
completed. In case the permit calls for a lighting or power
service, the city electrician shall certify to the person selling
power that the work has passed a satisfactory inspection.
Such certification shall be made in writing on a "connection
certificate" form provided therefor. In no case shall a lighting
or power service be connected until the proper inspection

has been made and a "connection certificate" issued, unless
the city electrician grants at his discretion a temporary service
connection which shall be disconnected on the verbal request
of the city electrician. In case of the refusal of the city
electrician to issue the certificates as set forth above, complaint
may be made to the city manager and his decision shall
be deemed final in the matter. (Code 1959, § 10-16.)

Sec. 10-17. Same—Additional inspections.

When additional inspections are necessary due to the failure
of the holder of a permit to properly install electrical
work, or for improper notice of completion on a job, an additional
fee of one dollar for each such inspection may be
charged at the discretion of the city manager. (Code 1959, §
10-17.)

Sec. 10-18. Temporary installations and wiring.

The installation of an electrical appliance for sales purposes
only shall be deemed a temporary installation of the
appliance. No inspection or fee shall be required but the
person making the temporary installation shall notify the
city electrician of the same. After a period not greater than
ten days, the city electrician shall require that the appliance
be either disconnected or permanently wired and installed,
the necessary permits obtained and the proper inspection
made.

Temporary or decorative wiring for show windows, exhibitions,
conventions, circuses, carnivals, entertainments, etc.,
may be made. The term of such temporary wiring shall not
be greater than ten days, except upon written approval of the
city manager. A regular inspection shall be required on such
temporary wiring, and a fee of one half the regular rate as
set forth in section 10-13 shall be charged. (Code 1959, § 1018.)

Sec. 10-19. Requirements for installations generally; conformity
with National Electrical Code.

All installations of electrical wiring or any type of electrical
appliance or fixture shall be made in accordance with the
most approved methods of electrical construction with due

regard to the safety of life and property and in a most workmanlike
manner.

Where no specific standards are prescribed by this chapter
or by the statutes of the state or by any orders, rules or regulations
issued by authority thereof, conformity with the regulations
set forth in the most recent edition of the National
Electrical Code, as approved by American Standards Association,
shall be prima facie evidence of conformity with approved
standards for safety to persons and property. (Code
1959, §§ 10-19, 10-20.)

Sec. 10-20. Standards for air conditioning installation.

All air conditioning units shall be plugged into wall-type
receptacle outlets or directly connected with the service line.

All air conditioning units rated above seven and one-half
amperes shall be connected to a separate electrical circuit
which shall use conductors at least as large as No. 12. Any
air conditioning unit rated at seven and one-half amperes or
less may be connected to a circuit carrying other loads; provided,
a circuit breaker or type "S" fusestat of proper size is
installed to protect the conductors of the circuit. (Code 1959,
§ 10-21; 5-6-68.)

Sec. 10-21. Rigid metal conduit, metallic tubing or armored
metal cable; surface metal raceways.

All installations of electrical wiring in buildings to be used
for industrial or commercial purposes, public use, and churches
shall be installed in rigid metal conduit or electrical metallic
tubing. All installations of electrical wiring in all other buildings,
including multiple family dwellings, shall be installed in
rigid metal conduit, electrical metallic tubing or may be wired
in armored cable or nonmetallic sheathed cable with grounding
conductor. Electrical wiring with voltage not exceeding
fifty volts between conductors may be installed in any building
without the use of conduit or tubing.

Where flexibility is required for connections, flexible metallic
conduits may be permitted in lengths not to exceed four feet.

The city electrician may authorize the use of surface metal
raceway for the extension of existing electrical wiring. (Code
1959, § 10-23; 2-6-61; 3-19-62; 5-6-68; 7-31-69.)

Sec. 10-22. Service entrance requirements.

All new buildings and all old buildings being rewired in the
city shall be equipped with a rigid conduit service; provided,
that those buildings used for single and multiple dwelling purposes
may be equipped with service entrance cable if the cable
meets all of the requirements of the National Electrical Code
and Underwriters' Laboratories, Inc., and if it is supported by
approved service cable straps placed at intervals not exceeding
twenty-four inches apart and within twelve inches of the
weatherhead and meter socket.

When any new electrical wiring, fixtures or outlets are
added in any existing building or dwelling unit in order to
meet the standards set forth in chapter 15.1 of the Code of the
City of Charlottesville, or for any other purpose, the incoming
electrical services that will be used to serve such building or
dwelling unit must be sized to conform to the requirements of
the most recent edition of the National Electrical Code and
this chapter, even if it is necessary to install one or more new
services. (Code 1959, § 10-25; 3-17-69; 7-31-69.)

Sec. 10-23. Wiring in existing buildings.

All existing buildings or dwelling units being completely
rewired and all wiring in newly created dwelling units in
existing buildings shall comply with the requirements of the
most recent edition of the National Electrical Code and this
chapter. (Code 1959, § 10-25; 3-17-69.)

Sec. 10-24. Installation of radio and television antennas.

All radio and television antennas shall be installed in conformity
with the regulations set forth in the National Electrical
Code, as approved by the American Standards Association.
(Code 1959, § 10-26; 2-6-61.)

Sec. 10-25. Materials and appliances to be approved.

All electrical materials, devices, appliances and equipment
hereafter sold or installed in the city shall conform with the
most recent standards of the Underwriters' Laboratories, Inc.,
as indicated by lists of inspected electrical appliances; provided,
that such standards shall not apply to material and
equipment owned, installed and maintained on private property

by the Virginia Electric and Power Company. (Code
1959, § 10-27; 2-6-61; 12-7-64.)

Sec. 10-26. Selling unapproved appliances, etc.

Every person, before selling, offering for sale or exposing
for sale at retail any electrical material, device or equipment,
shall first determine if such electrical material, device or
equipment complies with the provisions of this chapter and
is approved for sale, installation and use in the city. It shall
be unlawful for any person, or any principal, agent or employee
thereof, to sell, offer for sale or expose for sale at retail
any such electrical material, device or equipment which is
not approved for sale, installation and use in the city. (Code
1959, § 10-28.)

Sec. 10-27. Trademarks, identification, etc., of materials,
equipment, etc.

All electrical materials, devices and equipment which are
sold, offered for sale or exposed for sale at retail shall have
the maker's name, trademark or other identification symbol
placed thereon, together with such other markings, giving
voltage, current, wattage or other appropriate ratings as may
be necessary to determine the character of the material, device
or equipment and the use for which it is intended. It
shall be unlawful for any person to remove, alter, change or
deface the maker's name, trademark or other identification
symbol, or any of the necessary rating markings required by
this chapter. (Code 1959, § 10-30.)

Sec. 10-28. Dead wires; unsafe poles, wires, etc.

No person shall maintain or permit "dead wires" to remain
on his poles in or over the streets nor shall any person erect
or maintain any unsafe, unsuitable or improperly located pole
that is not in accordance with the provisions of the city ordinances
nor shall any person construct or maintain in or over
the streets of the city any unsafe, unsuitable or improperly
located crossbars or any defective or improperly installed or
located wires or electrical apparatus. (Code 1959, § 10-31.)

Sec. 10-29. Identification of utility poles.

All utility poles erected in the city shall be stenciled, painted
or branded with the owner's name or initials, approximately
six feet from the ground. (Code 1959, § 10-32; 2-6-61.)

Sec. 10-30. Electrical construction in streets, etc.

No electrical conductors, wires, conduits, poles, lamps or
other electrical devices or fixture shall be constructed,
erected, strung, laid, maintained, changed or altered above,
below or in any street, park or public place in any part of
the city nor shall any extension of the electrical conductors
either overhead or underground be made without the written
consent of the city electrician; provided, that for any work
contemplated which will require any disturbance of the streets
or excavations in them or the placing of any obstruction in the
streets, such permit from the city electrician shall be approved
by the city manager.

In every case of refusal of a permit by the city electrician,
the person who has been refused such permit may make application
to the city manager for the permit and the city
manager's decision shall be final. (Code 1959, § 10-33.)

Sec. 10-31. Use of poles for city wires.

A safe zone on every pole shall at all times be reserved for
the free use of the city in stringing its fire alarm or communication
wires and no person shall run any wire within less
than twenty-two inches of them. Whenever it becomes necessary
to move the city wires for any reason, the person for
whose benefit they are moved shall, at his expense, provide
for them a safe place and shall notify the city electrician,
who shall supervise and direct the moving of such city wires.
(Code 1959, § 10-34.)

Sec. 10-32. Electrical board.

There shall be an electrical board, consisting of the city
engineer, the city electrician and two registered electrical
contractors appointed by the city manager. The electrical contractors
shall serve for terms of two years or until their successors
are appointed or until one or both are reappointed.

The board shall select its own chairman. Three members of
the board shall constitute a quorum. Meetings shall be held
at the call of the chairman after at least two hours' notice
to each member. The members of the board shall serve without
pay. The board shall examine applicants for registration,
as provided by section 10-6, and grant registration to successful
applicants. From time to time, the board shall make recommendations
to the city council with respect to changes considered
desirable by the board in this Code or other ordinances
of the city affecting electrical work. (3-20-61.)

CHAPTER 11.

Explosives and Inflammables.[125]

Article I. In General.

§ 11-1. Fireworks.

§ 11-2. Steam boilers.

§ 11-3. Repealed.

Article II. Explosives.

§ 11-4. Duty of chief of fire department; right of entry.

§ 11-5. To be kept only in conformity with article.

§ 11-6. Keeping for purpose other than sale.

§ 11-7. Keeping by retail dealers.

§ 11-8. Keeping by wholesale dealers.

§ 11-9. Keeping dynamite or nitroglycerin in store.

§ 11-10. Dealers to post signs; location of explosives in buildings;
notice to fire chief.

§ 11-11. Transporting explosives.

§ 11-12. Permits for purchases.

§ 11-13. Reserved.

Article III. Flammable Liquids.

§ 11-14. Storage of gasoline, benzine, naphtha, etc., aboveground.

§ 11-15. Bulk storage; restrictions on underground storage; truck transports.

§ 11-16. Unloading tank cars.

§ 11-17. Piping from unloading point to storage tank.

§ 11-18. Tanks, etc., for wholesale storage outside fire limits.

§ 11-19. Permits for installing storage tanks.

Article I. In General.

Sec. 11-1. Fireworks.[126]

"Fireworks," whenever used in this section, shall be held
to mean any sparkler, squib, rocket, firecracker, Roman
candle, fire balloon, signal lights, railroad track torpedo, flashlight
composition or other devices or compositions used to
obtain visible or audible pyrotechnic display.

No person shall have, keep, store, use, discharge, manufacture,
sell, handle or transport any fireworks in the city;
provided, that nothing in this section shall be held to apply
to the possession or use of signaling devices for current daily
consumption by railroads and others requiring them.

The chief of the fire department may, upon due application,
issue a permit to a properly qualified person for giving a
pyrotechnic display of fireworks in the public parks or other
open places. Such permits shall impose such restrictions as,
in the opinion of the chief of the fire department, may be
necessary to properly safeguard life and property in each
case.

It shall be lawful for wholesale dealers to have, keep, store
or handle fireworks in original or unbroken packages only
when such fireworks are intended for sale, shipment and
delivery in such original or unbroken packages outside of the
corporate limits of the city and in no case shall it be lawful
for such wholesale dealers to sell or deliver such fireworks
within the city. (Code 1959, § 11-1.)

Sec. 11-2. Steam boilers.[127]

No steam boiler, carrying over ten pounds of pressure per
square inch, shall be erected or operated within the city limits
unless an inspection certificate of a recognized insurance or
casualty company is filed with the city manager on or before
such steam boiler is put in operation and not later than May
first of each year. (Code 1959, § 11-2.)

Sec. 11-3. Repealed by Ordinance adopted October 4, 1971.

Article II. Explosives.[128]

Sec. 11-4. Duty of chief of fire department; right of entry.

It shall be the duty of the chief of the fire department and
the assistant chief to familiarize themselves with the premises
where high explosives are sold or stored and to see that
the ordinances governing the storing or handling of explosives
are properly carried out.

For the purpose of carrying out the provisions of this section,
the chief of the fire department and the assistant chief
are hereby authorized to enter any building in which explosives
may be sold or stored. (Code 1959, § 11-4.)

Sec. 11-5. To be kept only in conformity with article.

Except as hereinafter provided, no gunpowder, blasting
powder, nitroglycerin or other high explosives shall be kept
within the city limits; provided, however that the term "explosive"
or "high explosive" shall not include cartridges for
small arms or shotguns. (Code 1959, § 11-5; 8-16-65.)

Sec. 11-6. Keeping for purpose other than sale.

No person shall keep within the city more than ten pounds
of gunpowder or other explosive compound, except for the
purposes of sale. (Code 1959, § 11-6.)

Sec. 11-7. Keeping by retail dealers.

Licensed retail dealers may, to supply their trade, keep any
quantity of gunpowder or blasting powder not exceeding fifty
pounds in all; provided, that such powder shall be kept in
metal packages, with good, close-fitting and well-secured
covers thereon. (Code 1959, § 11-7; 8-16-65.)

Sec. 11-8. Keeping by wholesale dealers.

Wholesale dealers may, for the purpose of their trade, have
in their possession elsewhere than in a magazine, between the
hours of 7:00 A. M. and 5:00 P. M., any quantity of gunpowder
or blasting powder not exceeding fifty pounds. (Code
1959, § 11-8.)

Sec. 11-9. Keeping dynamite or nitroglycerin in store.

No dynamite or nitroglycerin in any of its forms shall be
stored or kept for sale in any store within the city. (Code
1959, § 11-9.)

Sec. 11-10. Dealers to post signs; location of explosives in
buildings; notice to fire chief.

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 such powder or other explosives 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. (Code 1959, § 11-10; 8-16-65.)

Sec. 11-11. Transporting explosives.[129]

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.

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 more than two
hours, and no person shall permit more than twenty-five
pounds of any such explosives to be upon any street or sidewalk
more than thirty minutes; provided, that such explosives
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. (Code 1959, § 1111.)

Sec. 11-12. Permits for purchases.

No person shall sell within the city any dynamite or blasting
powder or other high explosive except upon a written
permit from the chief of police, which permit shall be issued
upon application by the purchaser showing that such explosives
are to be used for legitimate purposes within a reasonable
time after their purchase, and the provisions of this
article with respect to the keeping of all such explosives shall
in all respects apply to such purchaser; provided, that this
section shall not be construed to apply to the purchase of
shotgun, rifle and pistol ammunition at retail. (Code 1959, §
11-12.)

Sec. 11-13. Reserved.

Article III. Flammable Liquids.[130]

Sec. 11-14. Storage of gasoline, benzine, naphtha, etc., aboveground.

Gasoline, benzine, naphtha or other highly volatile liquids
shall not be kept or stored aboveground within the city except
as hereinafter in this section and the subsequent sections of
this article provided:

(a) In dwelling, apartment, or tenant houses, not exceeding
one gallon in an approved metal can, free from leaks.

(b) In drug, hardware, paint or oil stores, or in garages,
ten gallons or less if in approved metal cans, free from leaks.

(c) In tailoring shops, printing offices, pressing establishments
or other establishments where the use of gasoline, benzine
or naphtha is inherent to the business, not exceeding five
gallons in approved standard metal cans made for the purpose.
No other can shall contain more than one quart.

(d) Outside of any building and not less than thirty feet
therefrom, not exceeding ten gallons in closed metallic cans.

(e) No gasoline, benzine, naphtha or other highly volatile
liquid shall be poured into or removed from any container in
the presence of any artificial light other than an incandescent
electric lamp. (Code 1959, § 11-14.)

Sec. 11-15. Bulk storage; restrictions on underground storage;
truck transports.

The storage or keeping of gasoline or any other highly explosive
liquids in quantities of more than ten thousand gallons
in any one container is hereby defined to be "bulk storage".

Except in M-2 industrial districts of the city, as now existing
or as hereafter changed, and except as provided in section
61 of article XV of Appendix II of this Code, the bulk storage
of gasoline or other highly explosive liquids is prohibited within
the city, and it shall be unlawful for any person to store,
keep or handle the same in bulk within the city except in M-2
industrial districts, or as provided in section 61 of the Zoning
Ordinance. The foregoing provisions shall not apply to tank
cars or truck transports in transit, but shall apply to the unloading
of tank cars or truck transports within all parts of
the city, except in M-2 industrial districts and existing nonconforming
bulk storage plant sites in M-1 industrial districts,
and it shall be unlawful for any person to place or spot
a tank car or truck transport containing bulk storage as herein
defined within the city for the purpose of loading and unloading,
except in M-2 industrial districts and existing nonconforming
bulk storage plant sites in M-1 industrial districts.

Storage underground of quantities not in excess of ten thousand
gallons, in any one container complying with the provisions
of section 11-18 with respect to underground tanks, may

be permitted within the city, except in any R-1 or R-2 residential
districts, R-3 multiple dwelling districts or B office
shop districts; provided, that if such underground tank is located
within ten feet of any building, the maximum permitted
in any one container shall be two thousand gallons; provided
further, that in an R-3 multiple dwelling or B office-shop district,
one underground tank may be installed to contain not
in excess of five hundred and fifty gallons, so long as such
tank is not located within one hundred feet of any dwelling
unit and is to serve a nonconforming business use; provided
further, that the contents of such five hundred and fifty gallon
tank shall not be resold to others; provided further, an
elementary or secondary school, whether public or private, located
in any R-1 or R-2 residential district, R-3 multiple dwelling
district or B office-shop district, may install an underground
tank to contain not in excess of five hundred and fifty
gallons, so long as such tank is not located within one hundred
feet of any dwelling unit or one hundred feet of any
building used for school purposes and so long as the contents
of such five hundred and fifty gallon tank are not resold to
others.

Truck transports shall not make any stops within the city
except for the purpose of making deliveries to wholesalers or
retailers or in the event of mechanical failure. In the event
of a stop for delivery, such delivery shall be made as expeditiously
as possible, and the truck transport shall not remain
at the place of delivery longer than is reasonably necessary
for the purpose of making delivery. In the event of a stop on
account of mechanical failure, the driver of the truck transport
shall immediately arrange to have such truck transport
removed from the city, and in the event of the failure so to do,
it may be removed at the direction of any police officer of the
city and the cost of such removal shall be recoverable by the
city from the owner and the operator of the truck transport,
in addition to the other penalties herein provided for violation
of this article. Such truck transport may be impounded until
the cost of removal has been paid. (Code 1959, § 11-15; 10-360;
6-5-61; 11-19-62; 2-20-67.)

Sec. 11-16. Unloading tank cars.

In addition to the prohibitions and restrictions set forth in
section 11-15, it shall be unlawful to unload a tank car of

gasoline or other flammable liquid which has a flash point
below seventy degrees, closed cup tester, at any point within
the city limits, except under the following conditions and
restrictions:

(a) The railroad siding on which the tank car is placed for
unloading shall be equipped with facilities for piping liquid
directly from the tank car to the storage tank.

(b) The pump required for this shall be of an approved
type and securely installed. If electrically driven, the motor
shall be of a type approved for use in hazardous atmospheres.
Remote control as well as control at the pump shall be provided.

(c) Tank cars shall not be discharged by the use of compressed
air.

(d) Tank cars shall not be unloaded directly into tank
trucks.

(e) Before unloading is started, the tank car shall be electrically
grounded in an effective manner. (Code 1959, § 1116.)

Sec. 11-17. Piping from unloading point to storage tank.

No pipe or other conduit of any kind used for the purpose
of transporting flammable liquids shall be constructed in,
under or over any public street in the city. It shall be unlawful
to transport or handle gasoline or other flammable
liquid through pipes or other conduits of any kind from any
unloading point as provided for in section 11-16 to any storage
tank or other container within the fire limits until after
an application to pipe such flammable liquid has been finally
approved by the city manager. No such final permit shall be
issued until the following requirements have been complied
with:

(a) All applications for a permit shall be accompanied by
complete plans and profiles of the proposed underground pipe
systems.

(b) Pipe shall be standard weight wrought iron or steel.

(c) Except within eight feet from the tank car and a like
distance from the storage tank, piping shall be buried a minimum
depth of three feet and shall be laid below all other
piping. Where pipe passes under railroad tracks it shall be
laid at least four feet below the bottom of the ties.

(d) Piping shall rest on a solid earth foundation or shall
be otherwise securely installed to minimize the possibility of
undue stresses at the joints from settling.

(e) Piping shall be suitably protected against corrosion by
coating with asphalt or other corrosion-resisting material.

(f) Pipe joints shall be made up with threaded couplings
or shall be welded or otherwise made up in a substantially
equivalent manner. Joint compounds used on screwed joints
shall be of shellac, litharge, glycerine or other material not
affected by the liquid carried in the pipe.

(g) Provision shall be made for taking care of expansion
and contraction in the pipe line.

(h) Shut-off valves shall be installed in the discharge line,
at the pump and at a convenient location near the storage
tank. Where the elevation of the top of the storage tank is
higher than that of the pump, a check valve shall be placed
in the discharge line to prevent the liquid from backing up
into the tank car. Long pipe lines shall be provided with
intermediate shut-off valves, the number depending on the
length of the line.

(i) Valves shall be set in manholes or have the valve stem
extended to a valve box having a cover normally locked to
prevent operation by unauthorized persons. Valve box or
manhole covers shall be plainly marked to indicate the nature
of the line which the valve controls.

(j) Piping shall be tested after installation and before
being covered, at a pressure of not less than one hundred fifty
pounds per square inch, nor less than one and one-half times
the working pressure. Tests shall continue for at least thirty
minutes without a noticeable drop in pressure. (Code 1959, §
11-17.)

Sec. 11-18. Tanks, etc., for wholesale storage outside fire
limits.

Outside the fire limits, as now existing or as hereafter
changed or amended, no tanks of more than one hundred
thousand gallons capacity for the wholesale storage of gasoline,
benzine, naphtha or other flammable liquids shall be
erected or installed; provided, that nothing contained herein
shall prevent the repair or use of any such tank for this purpose

installed prior to the passage of the ordinance from which
this article is derived.

Tanks shall be of galvanized steel, of basis open hearth
steel or wrought iron, of a thickness according to the following
table:

               

Capacity (gallons)	Minimum thickness (gauge—U. S. Standards)	Lbs. per sq. foot
1 to 285	16	2.50
286 to 560	14	3.127
561 to 1100	12	4.375
1101 to 4000	7	7.50
4001 to 12000	¼″	10.00
12001 to 20000	5/16″	12.50
20001 to 30000	⅜″	15.00

Tanks above thirty thousand gallons capacity shall conform
to the National Board of Fire Underwriters standards.

Tanks shall be riveted, welded or brazed and shall be soldered,
caulked or otherwise made tight in mechanical and
workmanlike manner, and if to be used with a pressure discharge
system, shall safely sustain a hydrostatic test at least
double the pressure to which the tank may be subjected. The
top of the tank shall be securely fastened to the top ring with
joints of equal tightness to those between the rings. Tanks
shall be covered with asphaltum or other nonrusting paint or
coating. All pipe connections shall be made through flanges
or reinforced metal securely riveted, welded or bolted to the
tank and made thoroughly tight. The use of wooden-top tanks
is prohibited.

Tanks shall be constructed entirely of metal, including the
top, sides and bottom. All openings shall be gastight, except
beneath the vent, which shall be screened. All tanks shall be
electrically grounded by resting directly on moist earth or
otherwise electrically grounded to permanent moisture, preferably
to water piping, and to the satisfaction of the city
electrician and the chief of the fire department. No insulated
connection shall be permitted. Telephone or similar poles or
other projections liable to act as discharge points shall be
kept as far as practicable from tanks.

If buried underground, the tanks shall be lower than the
floors, basements, cellars or pits of all buildings within a
radius of fifty feet. The top of the tank shall also be at least

three feet under the ground and below any piping to which
the tank may be connected. Except in lieu of the three feet
of earth, tanks may be buried under eighteen inches of earth
and covered with reinforced concrete, at least six inches in
thickness, which shall extend at least one foot beyond the outline
of the tank in all directions, shall be set on a firm foundation
and shall be surrounded with soft earth or sand, well
tamped into place, or encased in concrete. The tank may
have a test well, if the test well extends near the bottom of
the tank and twelve feet above the source of supply, and the
top shall be hermetically sealed and locked, except when necessarily
open. The tank shall have a vent pipe at least one inch
in diameter which shall extend from the top of the tank to
at least twelve feet aboveground level, and shall terminate in
a goose neck protected in the outer end by a 40 × 40 mesh or
equivalent noncorrodible wire screen.

If erected aboveground, the tank shall conform to the same
specifications and requirements as heretofore outlined and, in
addition, such tank shall be erected only on steel or metal
supports of sufficient size and thickness for carrying the load
to be imposed thereon and on a concrete foundation.

All aboveground tanks shall be individually diked, or the
entire property, together with contiguous or adjoining property
used for such storage or piping, shall be provided with a
dike or retaining wall sufficient to prevent the discharge of
flammable liquids onto other property in case of a rupture in
the tanks or piping.

Such dikes or walls shall be of earth or masonry construction.
The impounding basin shall have a capacity of not less
than one and one-half times the capacity of the tank. The
height of the dike shall not exceed one quarter the height of
the tank but in no case be less than four feet high. The height
and capacity of the dikes shall be properly maintained to afford
the approved protection. Earthen dikes shall have a
flat section at the top and shall have a slope consistent with
the angle of repose of the materials of which they are constructed.

All installations under the authority of this article shall be
under the direction and meet with the approval of the city
manager, and all such installations shall be made in a workmanlike
manner and in accordance with recognized standards
consistent with safety and good engineering. Except when

herein otherwise provided, the applicable standards of the National
Board of Fire Underwriters shall be recognized. (Code
1959, § 11-18; 6-5-61; 12-18-67.)

Sec. 11-19. Permits for installing storage tanks.

No tank for the storage of gasoline, benzine, naphtha or
other highly volatile liquid of more than ten gallons capacity
shall be installed without a written permit from the city manager.
The fee for such permit shall be one dollar for each
tank installed. (Code 1959, § 11-19.)

CHAPTER 11.1.

Finance and Taxation.[131]

Article I. In General.

§ 11.1-1. Tax on bank stock.

§ 11.1-2. Tax on recordation of deeds.

§ 11.1-3. Tax on probate of wills or grants of administration.

§ 11.1-4. Investment of city funds.

Article II. Utility Taxes.

§ 11.1-5. Definitions.

§ 11.1-6. Levy of tax; amount.

§ 11.1-7. Duty of seller to collect tax; reports to commission of revenue;
remittances to treasurer.

§ 11.1-8. Records to be kept by seller.

§ 11.1-9. Exemptions.

§ 11.1-10. Telephone service.

§ 11.1-11. Bottled water.

§ 11.1-12. Computation of tax where seller collects periodically.

Article III. Retail Sales and Use Tax.

§ 11.1-13. Imposition; rate; to be additional to state sales tax.

§ 11.1-14. Administration and collection.

Article IV. Transit Lodging Tax.

§ 11.1-14.1. Definitions.

§ 11.1-14.2. Levy of tax; collection generally.

§ 11.1-14.3. Procedure as to collection.

§ 11.1-14.4. Reports and remittances.

§ 11.1-14.5. Interest and penalty.

§ 11.1-14.6. Duty to collect tax; report to commissioner.

§ 11.1-14.7. Records.

§ 11.1-14.8. Cessation of business.

§ 11.1-14.9. Exceptions.

§ 11.1-14.10. Enforcement.

§ 11.1-14.11. Violations.

Article V. License Tax on Motor Vehicles.

§ 11.1-15. Vehicles — Motor driven.

§ 11.1-16. Same — For hire or for rent.

§ 11.1-17. Duplicate plate, tag or other indicia of license; transfers and refunds,
etc.

Article VI. Real Estate Tax Relief for the Elderly.

§ 11.1-18. Definitions.

§ 11.1-19. Purpose of article; effective date.

§ 11.1-20. Qualifications for exemption.

§ 11.1-21. Application for exemption; investigation of affidavit.

§ 11.1-22. Calculation of amount of exemption.

§ 11.1-23. Changes in status.

§ 11.1-24. Penalty for violation of article.

§ 11.1-25. Severability.

Article I. In General.

Sec. 11.1-1. Tax on bank stock.

(a) There shall be assessed and levied, pursuant to section
58-476 of the Code of Virginia, for each year, a tax of forty cents
for each one hundred dollars of the value of the shares of stock of
banks located within the city, as determined pursuant to sections
58-465 to 58-485 of the Code of Virginia.

(b) There shall be assessed and levied, pursuant to section
58-476.1 of the Code of Virginia, on all branch banks within the
city of banks whose principal office is located outside the city, a
tax of forty cents for each one hundred dollars of value on such
proportion of the taxable value of the shares of stock in such bank
as the deposits through the branch or branches so located in the
city bear to the total deposits of the bank, as determined pursuant
to sections 58-465 to 58-485 of the Code of Virginia.

(c) Each bank subject to taxation under this section shall
deliver to the commissioner of revenue of the city a copy of the
report which such bank is required to furnish pursuant to sections
58-465 to 58-485 of the Code of Virginia, and it shall be the duty of
the commissioner of revenue to extend the tax hereby imposed
against the stockholders of such bank at the rate herein levied.

(d) Each bank subject to taxation under this section shall, on
and before the first day of June in each year, pay to the treasurer
of the city the taxes hereby levied and so assessed, and the
treasurer of the city shall give to such bank paying such taxes
duplicate receipts as prescribed by the department of taxation. It
shall be the duty of the treasurer of the city to collect the tax
hereby levied in the manner prescribed by sections 58-465 to
58-485 of the Code of Virginia. (Code 1959, § 1-14; 12-27-60.)

Sec. 11.1-2. Tax on recordation of deeds.

There is hereby imposed and levied by the city, pursuant to
section 58-65.1 of the Code of Virginia, a tax equal to one-third of
the amount of the state recordation tax collectable for the state on
the first recordation of each taxable instrument in the city;
provided, that no tax under this section shall be imposed or levied

upon any instrument upon which the state recordation tax is fifty
cents specifically; provided further that where a deed or other
instrument conveys, covers or relates to property located within
the city and also to property located in Albemarle County, the tax
imposed under this section shall be computed only with respect to
the property located in the city. The clerk of the corporation court
shall
collect such tax and pay the same to the city treasurer. (12-27-60.)

Sec. 11.1-3. Tax on probate of wills or grants of administration.

There is hereby imposed and levied by the city, pursuant to
section 58-67.1 of the Code of Virginia, a tax equal to one-third
of the amount of the state tax collectable for the state
on the probate of a will or the grant of administration. The
clerk of the corporation court shall collect such tax and pay
the same to the city treasurer. (12-27-60.)

Sec. 11.1-4. Investment of city funds.

For the purpose of preserving and investing all surplus
funds of the city, other than The Retirement Fund and The
Sinking Fund, the mayor, the chairman of the finance committee
of the city council, the director of finance, the city
manager and the city treasurer shall constitute an investment
committee. The investment committee may invest all surplus

funds, except The Retirement Fund and The Sinking Fund, as it
deems desirable in any securities which, under the laws of this
state, are designated and approved for the investment of fiduciary
funds. (1-21-64.)

Article II. Utility Taxes.

Sec. 11.1-5. Definitions.

The following words and phrases when used in this article,
shall, for the purposes of this article, have the following
respective meanings, except where the context clearly indicates a
different meaning:

Purchaser. Every person who purchases a utility service.

Seller. Every person, whether a public service corporation of
the city or not, who sells or furnishes a utility service.

Utility services. Such phrase shall include local telephone
service, electricity service, gas service, water service and the
monthly or periodical television service, after installation,
through coaxial cable or any other medium on a franchise basis
(cooperative or community) furnished within the city. (Code 1959,
§ 34-1.)

Sec. 11.1-6. Levy of tax; amount.

There is hereby imposed and levied by the city, upon every
purchaser of a utility service a tax in the amount of ten per cent
of the charge made by the seller against the purchaser with
respect to each utility service, which tax, in every case, shall be
collected by the seller from the purchaser and shall be paid by the
purchaser to the seller for the use of the city at the time that the
purchase price or such charge shall become due and payable
under the agreement between the purchaser and the seller;
provided, that in case any monthly bill submitted by any seller
for service shall exceed three thousand dollars, the tax on that
portion of the charge in excess of three thousand dollars shall be
at the rate of four per cent of the excess. Bills shall be considered
monthly bills if submitted twelve times annually for a period of
approximately one month.

The tax levied or imposed under this section with respect to the
purchase of any water, gas or electric service, shall become
effective on bills rendered on meter readings on and after July 1,
1972, and with respect to local telephone and cable television
service on charges first appearing on bills rendered on accounts
falling due on July 1, 1972, and thereafter. (Code 1959, § 34-2;
5-1-72.)

Sec. 11.1-7. Duty of seller to collect tax; reports to
commissioner of revenue; remittances to
treasurer.

It shall be the duty of every seller, in acting as the tax collecting
medium or agency for the city, to collect from the purchaser for
the use of the city the tax imposed and levied by this article at the
time of collecting the purchase price charged therefor and the
taxes collected during each calendar month shall be reported by
each seller to the commissioner of revenue and the seller shall
remit the amount of tax shown by such report to have been
collected to the city treasurer on or before the last day of the first
calendar month thereafter, together with the name and address of
any purchaser who has refused to pay his tax. The required
reports shall be in the form prescribed by the commissioner of
revenue. (Code 1959, § 34-3.)

Sec. 11.1-8. Records to be kept by seller.

Each seller shall keep complete records showing all purchases
in the city, which records shall show the price charged against
each purchaser with respect to each purchase, the date thereof,
the date of payment thereof and the amount of tax imposed
hereunder, and such records shall be kept open for inspection by
the duly authorized agents of the city at reasonable times, and the
duly authorized agents of the city shall have the right, power and
authority to make such transcripts thereof during such times as
they may desire. (Code 1959, § 34-4.)

Sec. 11.1-9. Exemptions.

The United States, the state and the political subdivisions,

boards, commissions and authorities thereof are hereby exempted
from the payment of the tax imposed and levied by this article
with respect to the purchase of utility services used by such
governmental agencies. (Code 1959, § 34-5.)

Sec. 11.1-10. Telephone service.

The tax hereby imposed and levied on purchasers with respect
to local telephone service shall apply to all charges made for local
telephone service, except local messages which are paid for by
inserting coins in coin-operated telephones. (Code 1959, § 34-6.)

Sec. 11.1-11. Bottled water.

The tax imposed and levied by this article shall not apply to the
purchase of bottled water. (Code 1959, § 34-7.)

Sec. 11.1-12. Computation of tax where seller collects
periodically.

In all cases where the seller collects the price for utility services
periodically, the tax imposed and levied by this article may be
computed on the aggregate amount of purchases during such
period; provided, that the amount of tax to be collected shall be
the nearest whole cent to the amount computed. (Code 1959, §
34-8.)

Article III. Retail Sales and Use Tax.

Sec. 11.1-13. Imposition; rate; to be additional to state sales
tax.

Pursuant to title 58, chapter 8.1, section 58-441.49 of the Code of
Virginia, a local general retail sales tax at the rate of one per cent
to provide revenue for the general fund for the city is hereby
levied. Such tax shall be added to the rate of the state sales tax
imposed by chapter 8.1, title 58 of the Code of Virginia. It shall be
subject to all provisions of chapter 8.1 of title 58 of the Code of
Virginia, all the amendments thereto and the rules and
regulations published with respect thereto. (4-18-66, § 1.)

Sec. 11.1-14. Administration and collection.

Pursuant to title 58, chapter 8.1, section 58-441.49 of the Code of
Virginia, the local general retail sales tax levied pursuant to this
article shall be administered and collected by the state tax
commissioner in the same manner, subject to the same penalties
as provided for the state sales tax, with the adjustments required
by sections 58-441.50 and 58-441.51. (4-18-66, § 2.)

Article IV. Transient Lodging Tax.

Sec. 11.1-14.1 Definitions.

The following words and phrases, when used in this article,
shall, for the purposes of this article, have the following
respective meanings:

Commissioner. The commissioner of the revenue of the city
and any of the commissioner's duly authorized deputies or agents.

Hotel. Any public or private hotel, inn, hostelry, tourist home
or house, motel or rooming, boarding or lodging house within the
city offering lodging as defined in this section, for compensation,
to any transient as defined in this section.

Lodging. The rental of room or space to any transient for
compensation, by a hotel as defined in this section, or the
occupancy of such room or space by such transient. If the charge
made by any hotel to such transient includes any charge for
meals, parking or other services or accommodations in addition to
lodging or the use of such room or space, then such portion of
such total charge as represents only room or space rental shall be
distinctly set out and billed to such transient by such hotel as a
separate item.

Person. Any individual, corporation, company, association,
firm, copartnership, or any group of individuals acting as a unit.

Transient. Any person who, for a period of not more than
thirty consecutive days, either at his own expense or at the
expense of another, obtains lodging for which a charge is made at
a hotel, as defined in this section.

Treasurer. The treasurer of the city and his duly authorized
deputies or agents. (6-3-74, § 1.)

Sec. 11.1-14.2. Levy of tax; collection generally.

There is hereby imposed and levied upon every transient
obtaining or occupying lodging within the city, in addition to all
other taxes and fees of every kind now imposed by law, a tax
equivalent to two percentum of the amount charged for such
lodging by any hotel. Such tax shall be collected from such
transients in the manner and at the time provided in this article.
(6-3-74, § 1.)

Sec. 11.1-14.3. Procedure as to collection.

Every person receiving any payment for lodging with respect to
which a tax is levied under this article shall collect the amount of
such tax so imposed from the transient on whom such tax is
levied, or from the person paying for such lodging at the time
payment for such lodging is made. The taxes so collected shall be
deemed to be held in trust for the city by the person required to
collect them, until they have been remitted to the city as provided
in this article. (6-3-74, § 1.)

Sec. 11.1-14.4. Reports and remittances.

The person collecting any tax, as provided in section 11.1-14.3
shall make out a report thereof, upon such forms and setting
forth such information as the commissioner of the revenue may
prescribe and require, showing the amount of lodging charges
collected and the amount of tax required to be collected thereon,
and shall sign and deliver the same to the commissioner together
with a remittance of such tax, made payable to the treasurer of
the city. Such reports and remittances shall be made on or before
the last day of each month, covering the amount of tax collected
during the preceding month. All remittances received hereunder
by the commissioner shall be promptly turned over to the
treasurer. (6-3-74, § 1.)

Sec. 11.1-14.5. Interest and penalty.

If any person, whose duty it is to do so, shall fail or refuse to
make such report and remit such tax as required by this article
within the time and in the amount required, there shall be added
to such tax by the commissioner a penalty in the amount of five
percentum of such tax, or a minimum of two dollars, if such
failure is for not more than thirty days duration, and thereafter
interest shall be payable on such overdue tax in the amount of six
percentum per annum. (6-3-74, § 1.)

Sec. 11.1-14.6. Duty to collect tax; report to commissioner.

If any person, whose duty it is to do so, shall fail or refuse to
collect the tax imposed under this article and make timely report

and remittance thereof, the commissioner shall proceed in such
manner as is practicable to obtain facts and information on which
to base an estimate of the tax due. As soon as the commissioner
shall have procured such facts and information as may be
obtainable, upon which to base the assessment of any tax payable
by any person who has failed to collect, report or remit such tax,
the commissioner shall proceed to determine and assess against
such person the tax, penalty and interest provided in this article,
and shall notify such person by registered mail sent to his last
known address, of the amount of such tax, penalty and interest,
and the total amount thereof shall be payable within ten days
from the date such notice is sent. (6-3-74, § 1.)

Sec. 11.1-14.7. Records.

It shall be the duty of every person liable for the collection and
remittance of any tax imposed by this article to keep and preserve
for a period of two years such suitable records as may be
necessary to determine the amount of such charges for lodging
and tax thereon as he may have been responsible for collecting
and paying to the city. The commissioner shall have the right to
inspect all such records at any reasonable time. (6-3-74, § 1.)

Sec. 11.1-14.8. Cessation of business.

Whenever any person required to collect and remit to the city
any tax imposed by this article shall cease to operate or otherwise
dispose of his business, such tax shall immediately become due
and payable, and such person shall forthwith make a report and
remittance thereof. (6-3-74, § 1.)

Sec. 11.1-14.9. Exceptions.

No tax shall be payable hereunder in any of the following
instances:

(a) On any charge for lodging paid by or for any officer or
employee of the government of the United States, the state or the
city, when such lodging is occupied by such person while on
official business.

(b) On any charge for lodging in, and during care or
treatment in, any hospital, medical clinic, nursing or convalescent
home, extended health care facility, sanatorium or sanitorium,
home for the aged, infirmed, orphaned, disabled, or mentally
retarded or other like facility; or in any educational institution.
(6-3-74, § 1.)

Sec. 11.1-14.10. Enforcement.

It shall be the duty of the commissioner to ascertain the name
of every person operating a hotel in the city, liable for the
collection of the tax imposed by this article, who fails, refuses or
neglects to collect such tax or to make the reports and remittances
required by this article. The commissioner may have issued a
summons for such person, which summons may be served upon
such person by any city police officer in the manner provided by
law, and one return of the original thereof shall be made to the
General District Court for the City of Charlottesville. (6-3-74, § 1.)

Sec. 11.1-14.11. Violations.

Any person violating or failing to comply with any of the
provisions of this article shall, upon conviction thereof, be fined
not less than twenty-five nor more than two hundred dollars.
Such conviction shall not relieve any such person from the
payment collection or remittance of the tax as provided in this
article. (6-3-74, § 1.)

Article V. License Tax on Motor Vehicles.

Sec. 11.1-15. Vehicles — Motor driven.

Every owner of a motor driven vehicle, on or before the first
day of May of each year, or before he shall commence to operate
his machine, shall obtain a license to operate the same by making
application to the director of finance for a license to operate and
by presenting a state motor vehicle registration card. The
application must contain the name of the applicant, his residence
and if a corporation, its place of business, giving the make, a brief
description showing the style and model of the machine and

weight, as computed by the provisions of the state law now in
force or in accordance with any modifications that hereafter may
be made by the state. After application and payment of the
required license tax fee has been made, the director of finance
shall issue a certificate of registration and license plate, tag or
other indicia of license. Metal license plates issued to the licensee
pursuant to this article shall be displayed with the state license
plate at the front or rear of the vehicle. Decalcomania or other
stickers issued pursuant to this article shall be attached to the
lower right-hand side of the windshield, or to such other location
as the director of finance shall direct on vehicles not equipped
with windshields. Such license plates or tags shall always be in
evidence upon the front or rear of each machine and all plates,
tags or other indicia of license shall be maintained in such a
condition as to be legible at all times. The rates shall be as
follows:

Automobiles, station wagons and hearses, not used for hire:

 

FLAT RATE

$10.00

For trucks, tractor trucks and semitrailers, not used for hire,
the license fee shall be computed on the gross weight of the
vehicle as per the following schedule:

                                                                                                                                                                   

Weight	Rate Per 1000 Lbs.	Full Year Fee
10000 and under		$ 10.00
10001 - 10499	$ 1.00	10.00
10500 - 11000	1.00	10.50
11001 - 11499	1.00	11.00
11500 - 12000	1.00	11.50
12001 - 12499	1.00	12.00
12500 - 13000	1.00	12.50
13001 - 13499	1.00	13.00
13500 - 14000	1.00	13.50
14001 - 14499	1.00	14.00
14500 - 15000	1.00	14.50
15001 - 15499	1.00	15.00
15500 - 16000	1.00	15.50
16001 - 16499	1.00	16.00
16500 - 17000	1.00	16.50
17001 - 17499	1.20	20.40
17500 - 18000	1.20	21.00
18001 - 18499	1.20	21.60
18500 - 19000	1.20	22.20
19001 - 19499	1.20	22.80
19500 - 20000	1.20	23.40
20001 - 20499	1.40	28.00
20500 - 21000	1.40	28.70
21001 - 21499	1.40	29.40
21500 - 22000	1.40	30.10
22001 - 22499	1.40	30.80
22500 - 23000	1.40	31.50
23001 - 23499	1.60	36.80
23500 - 24000	1.60	37.60
24001 - 24499	1.60	38.40
24500 - 25000	1.60	39.20
25001 - 25499	1.60	40.00
25500 - 26000	1.60	40.80
26001 - 26499	1.80	46.80
26500 - 27000	1.80	47.70
27001 - 27499	1.80	48.60
27500 - 28000	1.80	49.50
28001 - 28499	1.80	50.40
28500 - 29000	1.80	51.30
29001 - 29499	2.20	63.60
29500 - 30000	2.20	64.90
30001 - 30499	2.20	66.00
30500 - 31000	2.20	67.10
31001 - 31499	2.20	68.20
31500 - 32000	2.20	69.30
32001 - 32499	2.20	70.40
32500 - 33000	2.20	71.50
33001 - 33499	2.20	72.60
33500 - 34000	2.20	73.70
34001 - 34499	2.20	74.80
34500 - 35000	2.20	75.90
35001 - 35499	2.20	77.00
35500 - 36000	2.20	78.10
36001 - 36499	2.20	79.20
36500 - 37000	2.20	80.30
37001 - 37499	2.20	81.40
37500 - 38000	2.20	82.50
38001 - 38499	2.20	83.60
38500 - 39000	2.20	84.70
39001 - 39499	2.20	85.80
39500 - 40000	2.20	86.90
40001 - 40499	2.20	88.00
40500 - 41000	2.20	89.10
41001 - 41499	2.20	90.20
41500 - 42000	2.20	91.30
42001 - 42499	2.20	92.40
42500 - 43000	2.20	93.50
43001 - 43499	2.20	94.60
43500 - 44000	2.20	95.70
44001 - 44499	2.20	96.80
44500 - 45000	2.20	97.90
45001 - 45499	2.20	99.00
45500 - 46000	2.20	100.10
46001 - 46499	2.20	101.20
46500 - 47000	2.20	102.30
47001 - 47499	2.20	103.40
47500 - 48000	2.20	104.50
48001 - 48499	2.20	105.60
48500 - 49000	2.20	106.70
49001 - 49499	2.20	107.80
49500 - 50000	2.20	108.90

The fee for all tractor trucks is a flat charge of ten dollars.
To determine semitrailer fees, deduct ten dollars from fees
applicable to the gross weight of the combination.

 

Motorcycles: $3.00; with sidecar

$5.00.

(3-18-68; 3-1-71; 2-20-73.)

Sec. 11.1-16. Same—For hire or for rent.

Automobiles, stationwagons, ambulances and trucks with a
gross weight in excess of thirteen thousand pounds, used for
hire, shall pay a flat fee of twenty-two dollars and fifty cents
in addition to the regular license tax fee. For those trucks for
hire having a gross weight of thirteen thousand pounds or
less, the license fee shall be as set forth below:

                 

Weight	Full Year Fee
5499 and under	17.00
5500—10000	22.00
10001—10499	23.00
10500—11000	24.30
11001—11499	25.40
11500—12000	26.80
12001—12499	28.00
12500—13000	29.50

For the purposes of this section every vehicle for which a
state for hire license is required shall be considered a vehicle
used for hire, including U-Drive-It vehicles. Only one city license
shall be required for each vehicle. (3-18-68.)

Sec. 11.1-17. Duplicate plate, tag or other indicia of license;
transfers and refunds, etc.

When a license plate, tag or other indicia of license is lost,
a duplicate plate, tag or other indicia of license may be furnished
by the director of finance upon the payment of fifty
cents to the director of finance.

The license under this section shall be transferable only to
another motor vehicle, trailer or semitrailer purchased by the
person to whom such license was issued upon application to the
director of finance accompanied by a fee of fifty cents, or if
such vehicle be of greater weight or different design from
that for which the license was issued, upon the payment of
fifty cents and the amount of difference in license fees between
the two vehicles.

Any person holding a current motor vehicle license plate,
tag or other indicia of license who disposes of the vehicle
for which it was issued and does not purchase another vehicle
may surrender the license plate, tag or other indicia
of license and registration receipt to the director of finance
and request a refund for the unused portion of the fee paid.

The director of finance shall refund to the applicant one-half
of the total cost of the license plate, tag or other indicia
of license if application for such refund is made prior to the
first day of November of the current license year, but such
refund shall only be one-third of such total cost when the
application is made subsequent to the first day of November
of the current license year, but prior to the first day of February
of the current license year.

No refund shall be made when the application therefor is
made after the first day of February of the current license
year.

The taxes on licenses accruing under the provisions of this
article shall be due and payable, except where otherwise herein
provided, on or before the first day of May of each year
and shall be paid by the persons against whom assessed to
the director of finance in his office on or before the first day
of May.

After November first, the taxes imposed by this article shall be
one-half of the original rates. (3-18-68; 2-20-73.)

Article VI. Real Estate Tax Relief for the
Elderly.

Sec. 11.1-18. Definitions.

For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them by
this section, unless another meaning shall clearly appear from the
context:

Affidavit. The real estate tax exemption affidavit.

Dwelling. The sole residence of the person or persons claiming
exemption.

Exemption. The percentage exemption from the real property
tax imposed by the city allowable under the provisions of this
article.

Taxable year. The calendar year, from January 1st through
December 31st, for which such real property tax is imposed or
exemption claimed. (2-20-73.)

Sec. 11.1-19. Purpose of article; effective date.

It is hereby declared to be the purpose of this article to provide
real estate tax exemptions for qualified property owners who are
not less than sixty-five years of age and who are otherwise
eligible according to the terms of this article. Pursuant to the
authority of section 58-760.1 of the Code of Virginia, the city
council finds and declares that persons qualifying for exemption
hereunder are bearing an extraordinary real estate tax burden in
relation to their income and financial worth. This article shall be
effective, as of the date of this article,[132] to provide for such
exemption for the taxable year 1973 and subsequent taxable
years. (2-20-73.)

Sec. 11.1-20. Qualifications for exemption.

Exemption pursuant to this article shall be granted to persons
and for property complying with the following provisions:

(a) The title to the property for which exemption is claimed is
held, or partially held, by the person or persons claiming such
exemption, as of January 1 of the taxable year for which such
exemption is claimed.

(b) The dwelling for which the exemption is claimed is occupied
as the sole dwelling of such claimant or claimants.

(c) The head of household claiming such exemption is sixty-five
years of age or older as of December 31 of the year immediately
preceding the taxable year for which the exemption is claimed.

(d) The gross combined income from all sources of such
claimant owner or owners of such dwelling living therein, and of
their relatives living in such dwelling, for the immediately
preceding calendar year, does not exceed the sum of seven
thousand five hundred dollars; provided, that the first two
thousand five hundred dollars of income of each relative other
than spouse, of such claimant owner or owners, who is living in
such dwelling shall not be included in such total.

(e) The net combined financial worth of such claimant owner or
owners and of their relatives living in such dwelling as of
December 31 of the year immediately preceding the taxable year
for which the exemption is claimed does not exceed twenty
thousand dollars. Net combined financial worth shall include the
value of all assets, including equitable interests, exclusive of the
fair market value of the dwelling for which exemption is claimed
and of the land, not exceeding one acre, upon which it is situated.
(2-20-73; 8-20-73.)

Sec. 11.1-21. Application for exemption; investigation of
affidavit.

(a) Annually, and not later than March 1 of each taxable year,
every person claiming an exemption under this article shall file a
real estate tax exemption affidavit with the commissioner of
revenue of the city; provided, however, that for the taxable year
1973, such affidavit shall be filed on or before May 1, 1973.

(b) The affidavit shall set forth the names of the related

persons occupying the real estate for which exemption is claimed
and the total combined net worth and combined income of such
persons as defined in this article. The form of such affidavit shall
be determined by the commissioner of revenue and approved by
the city manager, and shall contain such other information as
may be required to adequately determine compliance with the
provisions of section 11.1-20. In addition, the commissioner may
make such further inquiry of persons seeking to claim exemptions
requiring answers under oath and the production of certified tax
returns, as may be deemed reasonably necessary to determine
eligibility for an exemption.

(c) The commissioner, after audit and investigation of such
affidavits, shall certify a list of the persons and property
qualifying for exemption and the amount thereof to the city
treasurer, who shall forthwith deduct the amounts of such
exemptions from the real estate tax chargeable for the taxable
year to such persons and property. (2-20-73; 1-28-74.)

Sec. 11.1-22. Calculation of amount of exemption.

The amount the exemption granted pursuant to the article shall
be a percentage of the real estate tax assessed for the applicable
taxable year in accordance with the following scale:

Net Combined Financial Worth

         

Gross Combined Income	$ 0 to $5,000	$ 5,000 to $10,000	$10,000 to $15,000	$15,000 to $20,000
$0 to $3,000	100%	75%	50%	25%
$3,001 to $4,500	75%	50%	35%	15%
$4,501 to $6,000	50%	35%	20%	10%
$6,001 to $7,500	25%	15%	10%	5%

(2-20-73.)

Sec. 11.1-23. Changes in status.

Changes in respect to income, financial worth, ownership of
property or other factors occurring during the taxable year for
which the affidavit is filed and having the effect of violating or
exceeding the limitations and conditions of section 11.1-20, shall
nullify any exemption for the then current taxable year and for

the taxable year immediately following; provided, however, that
no change in income or financial worth which does not have the
effect of violating the maximum limitations of section 11.1-20
shall operate to increase or decrease the percentage of exemption
previously determined by the commissioner of revenue pursuant
to section 11.1-22. (2-20-73.)

Sec. 11.1-24. Penalty for violation of article.

Any person falsely claiming an exemption under this article
shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty nor more than five hundred
dollars for each offense. (2-20-73.)

Sec. 11.1-25. Severability.

The provisions of this article are hereby declared to be
severable. If any section, subsection, clause or phrase thereof
shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty nor more than five hundred
dollars for each offense. (2-20-73.)

CHAPTER 12.

Fire Protection.[133]

Article I. In General.

§ 12-1. Driving through streets occupied by fire department.

§ 12-2. Vehicles construed as part of apparatus of fire department; vehicle
impressed by chief.

§ 12-3. Obstructing access to fire hydrants.

§ 12-4. Crossing fire hose.

§ 12-5. Publishing information with respect to fire alarm boxes.

§ 12-6. False fire or ambulance alarms.

§ 12-7. Excluding persons from fires; interference with fire company.

§ 12-8. Inspection of buildings, etc., by chief; abatement of fire hazards; refusal
to permit inspection.

Article II. Fire Department.

§ 12-9. Repealed.

§ 12-9.1. Composition; direction and control.

§ 12-9.2. Officers of volunteer company.

§ 12-9.3. Powers and duties of chief.

§§ 12-10 to 12-12. Repealed.

Article III. Repealed.

§§ 12-13 to 12-16. Repealed.

Article I. In General.

Sec. 12-1. Driving through streets occupied by fire
department.

It shall be unlawful, without the authority of the officer in
command, for any person to drive a vehicle or ride through any
block of any street in which the fire department is assembled for
the purpose of extinguishing a fire. (Code 1959, § 12-11.)

Sec. 12-2. Vehicles construed as part of apparatus of fire
department; vehicle impressed by chief.

No vehicle shall be construed as part of the apparatus of the
fire department which is not driven by a driver in the employ of
the department; provided, that the chief of the fire department, in
an emergency, may impress a vehicle for his own personal use in
going to a fire, in which case the speed of such vehicle shall not
exceed that of the other apparatus of the department. (Code 1959,
§ 12-10.)

Sec. 12-3. Obstructing access to fire hydrants.[134]

No person shall place or cause to be placed around or near any
fire hydrant of the city any goods or other thing in such manner
as to obstruct the free access to such hydrant. (Code 1959, §
12-12.)

Sec. 12-4. Crossing fire hose.

Whenever any hose of the fire department is laid upon any
street, it shall be unlawful for any vehicle to pass over the same.
(Code 1959, § 12-13.)

Sec. 12-5. Publishing information with respect to fire alarm
boxes.

It shall be unlawful to publish for sale or for distribution to the
general public in any manner, or as a part of any other

publication designed for general distribution, any list showing the
numbers and location of fire alarm boxes within the city, but this
section shall not be construed to prohibit the publication of such a
list and the delivery of copies thereof to the chief of the fire
department for distribution to members of the fire department
and other authorized persons. (Code 1959, § 12-14.)

Sec. 12-6. False fire or ambulance alarms.

No person shall, without just cause therefor, call or summon,
by telephone or otherwise, any ambulance or fire fighting
apparatus. (Code 1959, § 12-15; 9-8-64.)

Sec. 12-7. Excluding persons from fires; interference with fire
company.

The officers of the fire department and the police officers of the
city shall exclude all persons from buildings and grounds adjacent
thereto during a fire, and no person, except city officials and
employees in the discharge of their duties, shall have the right to
enter within the ropes surrounding such fire, except owners of
property thereat or such other persons as may obtain permission
of the chief or his assistant. Such officers shall have authority to
take into custody all persons persisting in any interference with
the work of the fire company. (Code 1959, § 12-7; 9-28-64.)

Sec. 12-8. Inspection of buildings, etc., by chief; abatement of
fire hazards; refusal to permit inspection.

It shall be the duty of the chief of the fire department or his
assistants designated by him to make such inspections of all
buildings (except one and two-family dwellings), premises, streets
and alleys as the city manager may direct, for the purpose of
determining whether or not the laws and ordinances for
protection against fires or fire hazards are obeyed.

Whenever, in their opinion, the laws or ordinances for
protection against fires or fire hazards are not being obeyed or
when, in their opinion, any combustible materials are collected
and deposited, or any other condition exists which may endanger
the security of the city from fires, they shall direct the tenant,
occupant or owner of the premises, or in case of such deposits

being found in streets or alleys, the tenant, occupant or owner of
the building or premises adjacent thereto, to comply with such
laws and ordinances or to remove such combustible materials. In
case of the refusal of such tenants, occupants or owners so to do,
the city manager shall cause the same to be removed at the
expense of such tenant, occupant or owner who shall, in addition,
be punished as provided in section 1-5 for such neglect or refusal.

It shall be unlawful for the occupant or owner of any such
building or premises to fail or refuse to permit such inspection to
be made. Each day of such refusal shall constitute a separate
offense. (Code 1959, § 12-8; 9-28-64.)

Article II. Fire Department.[135]

Sec. 12-9. Repealed by Ordinance of August 19, 1974.

Sec. 12-9.1. Composition; direction and control.

The Charlottesville Fire Department shall be composed of a
volunteer organization known and designated as the
Charlottesville Fire Company, and a corps of paid full time
employees, employed by the city manager. Such entire
department shall be subject generally to the direction and control
of a full time paid officer, appointed by the city manager, to be
entitled chief of the fire department; provided, however, that such
officer shall exercise control over the volunteer company and its
members only at the scene of a fire. The chief of the fire
department is empowered to designate such subordinate officers
among the paid employees as he may deem appropriate. (8-19-74,
§ 2.)

Sec. 12-9.2. Officers of volunteer company.

At its regular meeting in August of each year, or as soon
thereafter as may be practicable, the volunteer company shall
elect from among its members a chief of the fire company and
such other volunteer officers as it may deem appropriate, whose

terms of office shall commence on the first of September next
following, and shall communicate the names of the officers
so elected to the city manager and city council. Such
volunteer officers shall have full direction and control over
the members of the volunteer company at all times except as
provided in this article for conduct at the scene of a fire. (8-19-74,
§ 2.)

Sec. 12-9.3. Powers and duties of chief.

The chief of the fire department, or in his absence the next
ranking full time paid fire department officer with the rank of
captain or above, shall be in full authority and have complete
supervision of all equipment and personnel in attendance at a
fire. The chief and other officers of the volunteer company shall
exercise direct supervision and control over volunteer personnel
during a fire, but shall receive direction and instructions from the
full time officers with the rank of captain or above. In the event
no full time paid officer with the rank of captain or above is on
the fireground, then a volunteer officer with the rank of captain
or above will be in charge.

It shall be the duty of the chief of the fire department to keep a
record of all fires, their place and time of occurrence, and to
ascertain if possible the amount of insurance, if any, and actual
loss, and make a report thereof to the city manager for each
month by the tenth of the next month. This monthly report shall
show, in addition, the general condition of the fire department
together with an inventory of all apparatus and equipment and
the condition and estimated value thereof and such other
information as the chief may deem proper or the city manager
may require. He shall also make such reports to the state
commissioner of insurance as may be required of him by state
law. A monthly volunteer attendance report shall be made each
month to the Volunteer Company. The chief of the fire
department shall deliver to his successor in office all records
pertaining to the department which may be in his control.

The chief of the fire department shall have charge of the
firehouse and apparatus, and shall see that the apparatus is kept
in good condition and ready at any and all times to respond to a

call and properly cared for at and after returning from a fire, that
the hose is properly dried out, that the house is properly cared for,
and perform such other duties as may be necessary to keep the
firehouse and apparatus in good condition. (8-19-74, § 2.)

Secs. 12-10 to 12-12. Repealed by Ordinance of August 19, 1974.

Article III. Repealed.

Secs. 12-13 to 12-16. Repealed by Ordinance adopted November
18, 1974.

CHAPTER 13.

Food and Food Establishments.[136]

Article I. In General.

§ 13-1. Protection from flies, dust and dirt; exposing on street or sidewalk.

§ 13-2. Spoiled, diseased, adulterated or misbranded foodstuffs.

§ 13-3. Vegetables grown on soil impregnated with human excrement.

§ 13-4. Handling and sale of meats, fowl, etc.; permit to sell meat not inspected
at abattoir.

§ 13-5. Wrapping bakery products.

Article II. Food Establishments.

§ 13-6. Definitions.

§ 13-7. Permit to operate restaurant.

§ 13-8. Employee's permit.

§ 13-9. Examination of food or drink; condemnation.

§ 13-10. Health officer to enforce article; inspections.

§ 13-11. Notification of disease.

§ 13-12. Procedure when infection suspected.

§ 13-13. Floors.

§ 13-14. Walls and ceilings.

§ 13-15. Lighting.

§ 13-16. Ventilation.

§ 13-17. Toilet facilities; posting handwashing signs.

§ 13-18. Water supply.

§ 13-19. Personal cleanliness of employees; washing hands, etc.

§ 13-20. Handwashing facilities for employees.

§ 13-21. Screens; self-closing doors, etc.

§ 13-22. Construction of utensils and equipment.

§ 13-23. Washing and bactericidal treatment of utensils.

§ 13-24. Storing and handling utensils; single-service utensils.

§ 13-25. Disposal of wastes.

§ 13-26. Refrigeration.

§ 13-27. Milk and cream.

§ 13-28. Storage and display of food and drink; animals and fowl;
flies.

§ 13-29. Cleanliness generally; use of rooms for domestic purposes;
dressing rooms; soiled linen, etc.

§ 13-30. Materials used for cleaning or polishing utensils.

§ 13-31. Tables, shelves and napkins.

§ 13-32. Vermin and rodent control methods.

§ 13-33. Penalty; revocation of permit.

Article I. In General.

Sec. 13-1. Protection from flies, dust and dirt; exposing on
street or sidewalk.

Food in the process of manufacture, preparation and packing
and when stored, on sale or offered for sale shall be
securely protected from flies, dust and dirt. Food ready for
consumption without further preparation, maintained or offered
for sale or exchange, shall be covered by some permanent
means, such as glass, wood, metal or other suitable
materials, in such manner or means as to adequately protect
the same from dirt, dust and other contamination. The use
of newspaper, old sacks, unclean paper or any paper that
has been formerly used as an outside or inside wrapping for
articles of food is hereby prohibited. No food, meat or other
food article shall be exposed on the sidewalks or streets,
except as may be necessary in transporting from one place
to another. (Code 1959, § 13-1.)

Sec. 13-2. Spoiled, diseased, adulterated or misbranded foodstuffs.

Whenever any health officer, sanitary officer, police officer
or other officer of the joint health board shall find in any
food establishment or other place any rotten, diseased, unwholesome,
adulterated or misbranded foodstuffs, substances
or articles intended for human food or drink, it shall
be the duty of such officer to notify the owner, manager or
person in charge of such articles to remove such foodstuffs
or articles to some proper place and destroy the same in the
presence of such officer, or such officer may seize such foodstuffs
or articles and destroy them; provided, that such officer
may retain any amount desired for examination or use
as evidence in any prosecution under this section. All containers
in which spoiled food has been placed shall be thoroughly
cleansed before a second use. (Code 1959, § 13-2.)

Sec. 13-3. Vegetables grown on soil impregnated with human
excrement.

It shall be unlawful for any person, after notification by
the health officer, to offer for sale or sell vegetables that have
grown on soil that has been impregnated or fertilized with
human excrement, within a period of twelve months from the
time of such fertilization. (Code 1959, § 13-3.)

Sec. 13-4. Handling and sale of meats, fowl, etc.; permit to
sell meat not inspected at abattoir.

All beef, pork, mutton, goat, poultry, fish, oysters and
shellfish, and other meats offered for sale, shall be subject to
inspection by a proper representative of the joint health department,
which shall have power to condemn any such
meats or fowl unfit for human consumption. It shall be unlawful
for any person engaged in the sale of meats and other
foodstuffs to permit meat articles of food which are of such
nature that they may be defiled or polluted by handling to be
exposed for sale in such manner that they may be handled
by prospective purchasers or others by whom such handling
is not necessary. Meats, meat products or other foodstuffs
shall not be brought into, transported or sold in the city
unless properly covered and adequately protected against

pollution, flies, dust, dirt, etc. Meats, meat products, fish and
shellfish on sale, or in storage, shall be kept refrigerated or
in iced containers. Any person selling or offering for sale any
beef, pork, mutton or goat which has not been killed and inspected
at an abattoir approved by the health officer, shall
first obtain a permit from the joint health department. Such
meat and all animals to be slaughtered, and the premises
where slaughtered, shall at all times be subject to inspection
by a representative of the joint health department. It shall
be unlawful for any person knowingly to sell or offer for sale
any part of the carcass of a diseased animal unless approved
by an accredited veterinarian. Any person violating any
provision of this section shall, in addition to any penalty imposed
pursuant to section 1-5, have his permit revoked. (Code
1959, § 13-4.)

Sec. 13-5. Wrapping bakery products.

All breads, rolls, biscuits, cakes and pies and all other
baked goods sold, exchanged or delivered in the city shall be
closely wrapped in a clean paper or otherwise protected against
pollution, flies, dirt, etc., before leaving the bakery; provided,
that the provisions of this section shall not apply to hotels,
restaurants, boardinghouses or other places where bread is
made for their own use. (Code 1959, § 13-5.)

Article II. Food Establishments.[137]

Sec. 13-6. Definitions.

As used in this article, the following words and phrases
shall have the meanings respectively ascribed to them in this
section:

Eating, drinking and cooking utensils. Any kitchenware,
tableware, cutlery, containers or other equipment with which
food or drink comes in contact during storage, preparation
or serving.

Employee. Any person who handles food or drink during
preparation or serving or who comes in contact with any
eating or cooking utensils or who is employed at any time in
a room in which food or drink is stored, prepared or served.

Health officer. The director of health activities of the city
or his authorized representative.

Other food establishments. All places that manufacture,
pack, store, sell or distribute food or food products and beverages,
that are not eating or drinking establishments.

Restaurant. A restaurant, coffee shop, cafeteria, short-order
cafe, luncheonette, hotel dining room, tavern, sandwich
shop, soda fountain, vending truck selling food or ice cream
or other similar frozen desserts to the consumer and all other
eating and drinking establishments.

Unwholesome food. "Unwholesome food" shall mean any
food or drink not fit for human consumption. (Code 1959,
§ 13-6; 6-4-62.)

Sec. 13-7. Permit to operate restaurant.

It shall be unlawful for any person to operate a restaurant
in the city who does not possess an unrevoked permit from
the health officer and in whose place of business such permit
is not posted in a conspicuous place, and no license to operate
a restaurant shall be issued by the commissioner of revenue
until a health department permit is presented by the operator
or proprietor. Persons who meet the requirements of this
article shall be entitled to receive and retain such a permit
or to secure a license to operate.

The fee to be charged for such permit shall be one dollar.
(Code 1959, § 13-7.)

Sec. 13-8. Employee's permit.

It shall be unlawful for any employee to work in a restaurant
or other food establishment without first securing a permit
from the joint health board. To obtain such permit, the
employee shall furnish such information and laboratory specimens
and submit to such physical examination as the joint
health board may require, and receive instructions on personal

hygiene and an explanation of the provisions of this
article. Each permit shall remain in force until revoked for
cause. (Code 1959, § 13-8.)

Sec. 13-9. Examination of food or drink; condemnation.

Samples of food and drink may be taken and examined by
the joint health board as often as it deems necessary for the
detection of unwholesomeness. The joint health board may
condemn, remove and destroy any food or drink which it
deems unwholesome. (Code 1959, § 13-9.)

Sec. 13-10. Health officer to enforce article; inspections.

The health officer appointed by the joint health board is
hereby made responsible for the enforcement of this article.
Inspections shall be made as frequently as deemed necessary
by the health officer.

One copy of the inspection report shall be retained by the
establishment and another copy shall be filed with the records
of the joint health board. (Code 1959, § 13-10.)

Sec. 13-11. Notification of disease.

Notice shall be sent to the joint health board immediately
by the owner or manager of a restaurant or other food establishment,
or by the employee concerned, if the manager or
any employee or any member of his respective household contracts
any infectious, contagious or communicable disease or
has a fever, a skin eruption, a cough lasting more than three
weeks or any other suspicious symptom. It shall be the duty
of any such employee to notify the owner or manager of the
restaurant or other food establishment immediately when any
of such conditions exist. If neither the manager nor the employee
concerned notifies the joint health board immediately
when any of such conditions exist, they shall be held jointly
and severally to have violated this section. (Code 1959, §
13-11.)

Sec. 13-12. Procedure when infection suspected.

When suspicion arises as to the possibility of transmission
of infection from an employee of any restaurant or other food

establishment, the joint health board is authorized to require
any or all of the following measures:

(1) The immediate exclusion of the employee from all restaurants
or other food establishments.

(2) The immediate closing of the restaurant or other food
establishment concerned until no further danger of disease
outbreak exists, in the opinion of the joint health board.

(3) Adequate medical examinations of the employee and
of his associates, with such laboratory examinations as may
be indicated. (Code 1959, § 13-12.)

Sec. 13-13. Floors.

The floors of all restaurants and other food establishments
shall be of such construction as to be easily cleaned, shall be
smooth and shall be kept clean and in good repair. (Code
1959, § 13-13.)

Sec. 13-14. Walls and ceilings.

Walls and ceilings of all restaurants and other food establishments
shall be kept clean and in good repair, finished in
light color and have a smooth, washable surface up to the
level reached by splash or spray. (Code 1959, § 13-14.)

Sec. 13-15. Lighting.

If lighting of window space is less than ten per cent of the
floor area, its equivalent in artificial light shall be provided.
(Code 1959, § 13-15.)

Sec. 13-16. Ventilation.

All restaurants and other food establishments shall be well
ventilated. Exhaust fans and metal hoods over ranges,
equipped with ventilators, must be provided when necessary
to prevent odors and condensation and to promote cleanliness.
(Code 1959, § 13-16.)

Sec. 13-17. Toilet facilities; posting handwashing signs.

Adequate, approved toilet facilities must be provided for
employees. Toilets must be constructed and maintained in

accordance with the rules and regulations of the state health
department.

Toilets shall be entirely separate and apart from any room
used for the manufacture, storage or handling of food products.
Flush toilets used in any restaurant or other food establishment
shall be provided with tight, self-closing doors, all
new construction shall be vestibuled and the toilet room shall
be ventilated by means of a window or flue leading to the outside.
All flush toilets shall be connected to an approved sewer
system or provided with a properly constructed septic tank.

Walls, floors, seats and commodes shall be clean and a supply
of toilet paper must be provided.

Handwashing signs shall be posted in each toilet room used
by employees. (Code 1959, § 13-17.)

Sec. 13-18. Water supply.

Any water supply used at a restaurant or other food establishment
shall be properly located, constructed, operated and
shall be easily accessible, adequate, and of a safe, sanitary
quality. (Code 1959, § 13-18.)

Sec. 13-19. Personal cleanliness of employees; washing hands,
etc.

All employees shall observe a high standard of personal
cleanliness and they shall be constantly supervised in this
respect by the employer. The hands of all employees shall
be washed thoroughly with soap and water after visiting the
toilet. Employees, such as clerks, waiters, cooks, etc., shall
keep their hands away from the mouth and nose and wash
their hands immediately with soap and water should they
become contaminated with oral or nasal secretions. Employees
shall keep fingernails short and clean.

All employees shall wear clean outer garments and shall
keep their hands clean at all times while engaged in handling
food, drink, utensils or equipment. (Code 1959, § 13-19.)

Sec. 13-20. Handwashing facilities for employees.

Adequate handwashing facilities shall be provided for employees
and shall include running hot and cold water, or a
suitable vessel and an adequate supply of clean water, soap

and a clean individual towel for each employee. (Code 1959,
§ 13-20.)

Sec. 13-21. Screens; self-closing doors, etc.

All openings to the outer air shall be effectively screened
and doors shall be self-closing and open outward, unless other
effective means are provided to prevent the entrance of flies.
(Code 1959, § 13-21.)

Sec. 13-22. Construction of utensils and equipment.

All eating and cooking utensils and all show and display
cases or windows, counters, shelves, tables, refrigerating
equipment, sinks and other equipment or utensils used in connection
with the operation of a restaurant or other food establishment
shall be constructed as to be easily cleaned and
shall be kept clean and in good repair. (Code 1959, § 13-22.)

Sec. 13-23. Washing and bactericidal treatment of utensils.

Adequate facilities shall be provided and maintained for
the washing, rinsing and bactericidal treatment of all eating
and drinking utensils, each to be a separate and distinct
operation requiring a minimum of a three compartment sink.
Adequate facilities for heating water for cleaning must be
provided. An approved washing powder must be used. A
sufficient number of dish baskets must be provided.

Either hot water or chlorine chemicals shall be used for the
bactericidal treatment of eating and drinking utensils. Utensils
must be submerged in hot water at one hundred seventy
degrees Fahrenheit, or more, for at least two minutes, or
submerged in a chlorine solution containing not less than
fifty parts per million of residual chlorine for at least two
minutes. (A solution containing one hundred parts per million,
or more, is recommended.)

The practice of drying eating and drinking utensils with a
towel shall not be permitted.

In establishments where only beverages and ice cream are
served, cold water washing of glassware and silver may be
approved, if thorough and effective.

The above requirements apply to manual dishwashing
methods. Where dishwashing machines are used, the operation

of the machine, the temperature of wash and rinse waters
and the retention period of dishes in the machine shall meet
the approval of the joint health board.

Nothing contained under this section shall be construed as
disbarring any other process which has been demonstrated as
of at least equal efficiency and is approved by the joint health
board. (Code 1959, § 13-23.)

Sec. 13-24. Storing and handling utensils; single-service utensils.

After bactericidal treatment, no utensils shall be stored
except in a clean, dry place protected from flies, dust or other
contamination. No utensil shall be handled except in such
manner as to prevent contamination as far as practicable.
Single-service utensils shall be purchased only in sanitary
containers and shall be stored therein in a clean, dry place
until used. (Code 1959, § 13-24.)

Sec. 13-25. Disposal of wastes.

All wastes shall be properly disposed of and all garbage
and trash shall be kept in suitable covered receptacles, in
such manner as not to become a nuisance.

Drain and waste pipes from floors, wash sinks, soda fountains,
iceboxes, etc., must be of sufficient size, well trapped
and in a good state of repair. (Code 1959, § 13-25.)

Sec. 13-26. Refrigeration.

Refrigerators, iceboxes, etc., shall be of adequate size to
store all perishable food, constructed of materials that will
permit thorough cleaning, shall be properly drained and ventilated,
shall be equipped with a thermometer and shall be
kept at a temperature of fifty degrees Fahrenheit, or lower,
at all times, except during periods of defrosting. Floors,
walls, ceilings, racks, hooks, pipes, etc., shall be kept clean.
Drains from iceboxes shall not be connected directly to a
sewer but shall drain into an open fixture. (Code 1959, §
13-26.)

Sec. 13-27. Milk and cream.[138]

Only graded milk or cream shall be used or served in a food
establishment. Official placards, stating the grade of milk
served, whether pasteurized or raw, shall be displayed in a
place designated by the health officer. (Code 1959, § 13-27.)

Sec. 13-28. Storage and display of food and drink; animals
and fowl; flies.

All food and drink shall be so stored and displayed as to be
protected from dust, flies, vermin, handling, droplet infection,
overhead leakage and other contamination. No animals
or fowl shall be kept or allowed in any room in which food
or drink is prepared or stored. All means necessary for the
elimination of flies shall be used. (Code 1959, § 13-28.)

Sec. 13-29. Cleanliness generally; use of rooms for domestic
purposes; dressing rooms; soiled linen, etc.

The surroundings of all restaurants and other food establishments
shall be kept clean and free of litter or rubbish.
None of the operations connected with a restaurant shall be
conducted in any room used for domestic purposes. Adequate
lockers or dressing rooms shall be provided for employees'
clothing. Soiled linens, coats and aprons shall be kept in containers
provided for this purpose. (Code 1959, § 13-29.)

Sec. 13-30. Materials used for cleaning or polishing utensils.

No articles, polish or other substance containing any cyanide
preparation or other poisonous material shall be used for
the cleansing or polishing of eating or cooking utensils.
(Code 1959, § 13-30.)

Sec. 13-31. Tables, shelves and napkins.

All tables must be properly constructed of materials that
can be thoroughly and easily cleaned. All the table tops must
be of nonabsorbent material when deemed necessary by the
health officer. Table tops must be free of unnecessary articles.
Table covers, napkins, etc., must be clean and all shelves shall

be clean, free of unnecessary articles and neatly arranged. All
napkins shall be discarded or laundered after each usage. (Code
1959, § 13-31.)

Sec. 13-32. Vermin and rodent control methods.

Methods used for the control of vermin and rodents shall be
effective at all restaurants and other food establishments. (Code
1959, § 13-32.)

Sec. 13-33. Penalty; revocation of permit.

Any person who violates any provision of this article shall be
punished as provided in section 1-5. Each violation of the
provisions of this article shall constitute a separate offense. In the
case of two offenses, the permit herein required may be revoked
by the health officer. (Code 1959, § 13-33.)

CHAPTER 14.

Gas.[139]

§ 14-1. Application for service; connections outside city; charge for turning on
service.

§ 14-1.1. Moratorium on new gas service.

§ 14-2. Rates — Generally.

§ 14-2.1. Same — Summer air conditioning.

§ 14-2.2. Same — Ornamental gas lights.

§ 14-3. Interruptible service.

§ 14-4. Repealed.

§ 14-5. Deposits by consumers.

§ 14-6. When bills payable.

§ 14-7. Cutting off service for nonpayment of bills, etc.

§ 14-8. Same — Charge for restoring service.

§ 14-9. Removing or interfering with meters or fixtures.

§ 14-10. Repair and replacement of meters.

§ 14-11. Complaints against gas bills; testing meters.

§ 14-12. Preservation of gas and city property at fires, etc.

§ 14-13. Customer responsibility for stopping leaks.

§ 14-14. Standards for gas appliances; who may install, etc.

§ 14-15. Responsibility for installations.

§ 14-16. Repair of pipes and fixtures.

§ 14-17. Injury to gas apparatus; unlawful use of gas.

§ 14-18. Right of access to premises.

§ 14-19. Obstructing stopcocks or fixtures; interfering with pipes.

§ 14-20. Inspection, maintenance and use of pipe lines laid by property owners.

§ 14-21. Location of lines.

§ 14-22. Venting gas appliances.

§ 14-23. Requirements as to piping.

§ 14-24. Repealed.

Sec. 14-1. Application for service; connections outside city;
charge for turning on service.

Whenever any person occupying property along the line of any
gas main shall desire such property to be supplied with gas, he
shall make written application therefor to the director of finance
on a form prescribed by him and approved by the city manager.
Such application shall be accompanied by the deposit required in
section 14-5 and shall set forth the name of the applicant and the
location and description of the property to be served. No city gas
shall be furnished to any person outside of the city limits other
than those now being supplied, unless the same shall be
authorized by the council; except, that in outside areas where city
gas mains have been extended, with the approval of the council,
the city manager may grant a county connection without further
authorization from the council; provided, that such authorization
will not be granted until the applicant executes a contract with
the city agreeing to comply with all city gas ordinances.

There shall be a charge of two dollars for turning on gas
service. (Code 1959, § 14-1; 9-4-56; 11-2-64; 9-25-67; 12-31-73, § 1.)

Sec. 14-1.1. Moratorium on new gas service.[140]

Notwithstanding the provisions of section 14-1, no new gas
service to any property shall be initiated following the adoption of

this section, nor shall any gas customer be permitted to convert
any facility presently using another fuel source to the use of
city supplied gas.

The foregoing paragraph shall not be deemed to prohibit the
replacement of any existing gas burning apparatus or to prohibit
the installation of gas service in a newly constructed building on
any property previously receiving gas service, provided such
replaced or newly installed gas equipment does not result in
increased gas consumption on such property. Neither shall such
foregoing paragraph be deemed to prohibit the initiation of gas
service to any building under construction as of the adoption of
this section for which building and plumbing permits
contemplating the use of gas equipment have already been issued,
or to any individual single family or duplex residence for which
such permits are issued prior to April 1, 1975.

Nothing contained herein shall be deemed to prohibit the
transfer of existing gas service from the name or account of the
customer presently receiving such service to the name or account
of a new customer occupying the same property, provided there
is no change in the gas consuming equipment installed upon such
property which would result in increased gas consumption.
(3-17-75, § 1.)

Sec. 14-2. Rates — Generally.

The gas rates based on monthly meter readings shall be as
follows:

         

First 500 cu. ft.	$2.20
Next 2500 cu. ft., per 1,000 cu. ft.	2.67
Next 3000 cu. ft., per 1,000 cu. ft.	2.33
Next 144,000 cu. ft., per 1,000 cu. ft.	1.76
All over 150,000 cu. ft., per 1,000 cu. ft.	1.65

Rates outside the city for gas sold to customers living outside
the limits of the city shall be greater by ten percent than the rates
specified above. (Code 1959, § 14-2; 6-21-71; 6-19-72; 8-5-74, § 1;
3-17-75, § 1.)

Sec. 14-2.1. Same—Summer air conditioning.

Gas service under the following rate shall be available to
customers, provided such request is made in writing, who have
installed and use air conditioning equipment operated by natural
gas as the principal source of energy. The air conditioning rate
will be available for bills rendered during the months of June
through October of each year, and shall be as follows:

(a) Residential. For the first 4,000 cubic feet of gas used per
month, the charge shall be the sum as set forth under section
14-2, and for all gas used in excess of 4,000 cubic feet per month,
the rate shall be one dollar and five cents per 1,000 cubic feet.

(b) Other. All gas used for summer air conditioning shall be
separately metered and billed at the rate of one dollar and five
cents per 1,000 cubic feet. All gas used during billing
periods other than June through October of each year shall be at
the rates set forth in section 14-2, or section 14-3, if the customer
has an interruptible contract. The city manager may, when he
deems it impractical to install a separate meter for air
conditioning equipment, permit the use of one meter for all gas
delivered to the customer, in which instance the director of
finance shall estimate the amount of gas for uses other than air
conditioning and shall bill for such gas at the rates provided in
section 14-2 or section 14-3.

(c) The rate for gas used under this section outside the city
shall be greater by ten per cent than the rates specified in
subsections (a) and (b).

(d) The minimum monthly charge under this section shall be
two dollars and twenty cents. (6-15-64; 6-21-71; 6-19-72; 8-5-74, § 1;
3-17-75, § 1.)

Sec. 14-2.2. Same—Ornamental gas lights.

Where the city manager has determined that gas service is
available for such purposes, unmetered gas service under this
section may be furnished to consumers who install or have
installed ornamental gas lights.

(a) Monthly charge. The monthly charge for ornamental gas
lights shall be as follows:

Three dollars and fifty-five cents per month for each light
with single mantle or orifice where the monthly use of gas will
not exceed 2 mcf per month per light.

Two dollars and sixty-five cents per month for each mantle
or orifice in each light using more than one mantle or orifice where
the monthly use of gas through each orifice will not exceed 1 mcf
per month.

The above rates shall be ten per cent higher for such use outside
of the city.

(b) Contracts with city. Each consumer desiring service under
this section shall execute a contract with the city prior to the
installation of such light or lights agreeing to the following
conditions:

All installation costs on private property shall be at the expense
of the property owner and all work in connection with such
installation within the street right of way shall be at the expense
of the city. Lights installed in the street right of way shall belong
to the city and shall be maintained by the city. Lights installed on
private property shall belong to the property owner but shall be
serviced by the city. Except for gas mantles, all replacement parts
for lights installed on private property shall be at the expense of
the owner who shall be billed for such parts, if provided by the
city.

Prior to the installation of a gas light a permit shall be secured
from the city authorizing such installation.

The contract may be cancelled by either party at any time.
(5-16-66; 6-21-71; 6-19-72; 8-5-74, § 1.)

Sec. 14-3. Interruptible service.

(a) Conditions. Interruptible gas service shall be supplied at
locations where facilities are available to supply the amount of
gas requested by the consumer, subject to the following
conditions:

1. Gas delivered hereunder shall be separately metered and
shall not be used interchangeably with gas supplied under any
other schedule;

2. The consumer has installed and has available for immediate
use equipment which will use some other fuel and which can be
put in operation within two hours after being notified by the city;

(b) Rate. The rate inside the city shall be one dollar and five
cents per thousand cubic feet and the rate outside the city shall be
ten per cent greater than the rate inside the city.

(c) A customer purchasing gas pursuant to this section agrees
to discontinue the service when requested by the city manager or
his representative, on two hours' notice, at any time whenever in
the sole judgment of the city manager, such gas is not available
for delivery hereunder. If the customer continues to use or
consume gas under this section after being notified by the city
manager or his representative, the customer shall be billed for all
gas so consumed at a rate of ten dollars per thousand cubic feet,
and the city shall, as soon as the violation comes to its attention,
cut off the service at the street until the period of interruption is
over.

(d) Minimum monthly charge. The minimum monthly charge
under this rate shall be one hundred and five dollars; provided,
that when the supply of gas available shall be less than
ninety-four thousand five hundred cubic feet, in any one month,
due to the service having been interrupted as hereinbefore
described, the minimum monthly charge shall be waived and the
customer charged at the rate of one dollar and five cents per
thousand cubic feet for gas actually delivered during the billing
month.

(e) Contract required. Before service is turned on under this
section, the customer shall agree in writing to abide by the terms
and conditions of this section. (Code 1959, § 14-3; 6-21-71; 6-19-72;
8-5-74, § 1; 3-17-75, § 1.)

Sec. 14-4. Repealed by Ordinance passed 3-17-75.

Sec. 14-5. Deposits by consumers.

Any person who shall hereafter begin the use of city gas shall,
before the connection is made and a meter placed, make a deposit
according to the following schedule:

For all gas consumers, the deposit shall be five dollars.

The deposit, or any part thereof, may, at the option of the city,
be applied on any obligation the consumer may owe the city in
connection with city gas. Until the account of such consumer with
the city shall be closed out, the deposit shall be kept unimpaired.
When the account is closed out, the balance, if any, shall be
returned to the consumer or his personal representative or
assigns. (Code 1959, § 14-5.)

Sec. 14-6. When bills payable.

All gas bills for the preceding month are due and payable on or
before the fifteenth day after a statement is rendered. (Code 1959,
§ 14-6.)

Sec. 14-7. Cutting off service for nonpayment of bills, etc.

Gas service furnished to any consumer shall be cut off
whenever any charge therefor remains unpaid beyond the last
day allowed for payment and when any consumer shall fail, after
ten days' notice, to make good any impairment of the deposit
provided for in section 14-5. (Code 1959, § 14-7.)

Sec. 14-8. Same — Charge for restoring service.

For turning gas on again after it has been cut off for
nonpayment, there shall be a charge of two dollars payable in
advance. (Code 1959, § 14-8; 12-31-73, § 1.)

Sec. 14-9. Removing or interfering with meters or fixtures.[141]

No person, unless authorized by the city gas superintendent,
shall at any time remove or undertake to repair or in any way
interfere with any gas meter or fixtures connected therewith.
(Code 1959, § 14-9; 3-17-75, § 1.)

Sec. 14-10. Repair and replacement of meters.

All repairs or replacement of meters shall be made by the city.
(Code 1959, § 14-10.)

Sec. 14-11. Complaints against gas bills; testing meters.

A complaint against a gas bill shall not be taken as a proper
excuse for the complainant not paying the bill when due nor
exempt him from the imposition of penalties for failure to pay his
bill at the proper time.

On request of the consumer, the city shall cause the gas meter
to be tested and if the meter is found inaccurate, exceeding two
per cent, the meter shall be replaced at the expense of the city. If
the meter is found to be accurate within two per cent, the
consumer shall pay five dollars for this service. (Code 1959, §
14-11; 12-31-73, § 1.)

Sec. 14-12. Preservation of gas and city property at fires, etc.

It shall be the duty of the city gas superintendent, and such
other men employed about the works as he may from time to time
designate, to attend at places where, from fire or other cause,
there is danger of loss of gas by burning or waste, shut off the
gas, remove meters or do anything else proper for the safety of
persons or property. (Code 1959, § 14-12; 3-17-75, § 1.)

Sec. 14-13. Customer responsibility for stopping leaks.

Gas apparatus and premises of consumers shall be examined
free of charge, on receiving notice of any suspected leak. If
the gas superintendent or his representative determines that a
gas leak on customer premises is a safety hazard, he may
terminate service immediately or may require that the leak be
repaired within a reasonable length of time; and if such repairs
are not completed within the specified time period, he may terminate
service until such repairs are completed.

For purposes of this section leaks occurring downstream from
the meter shall be considered to be on customer premises. (Code
1959, § 14-13; 3-17-75, § 1.)

Sec. 14-14. Standards for gas appliances; who may install,
etc.

No gas appliance shall be sold or installed in the city which does
not conform to approved standards for safety to persons and
property. Approval or listing of an appliance by the testing
laboratories of the American Gas Association or the American
Standards Association shall be prima facie evidence that the
appliance conforms to the requirements of this section and lack of
such approval or listing shall be presumptive evidence that the
appliance does not conform to approved standards for safety to
persons and property.

All work of installing, changing, altering or repairing gas
service connections, or pipes, connected to fixtures, equipment
and appliances shall be done only by a master plumber or a
master gas fitter or by a qualified mechanic employed by them
and working under their immediate supervision or by the city gas
department; and it shall be the duty of each master plumber or
master gas fitter to secure a permit from the plumbing inspector
prior to performing any of the above work. The permit fee for
each such installation shall be two dollars and fifty cents.
(Code 1959, § 14-14; 3-17-75, § 1.)

Sec. 14-15. Responsibility for installations.

All gas connections from gas mains downstream to and
including the meter shall be installed by the city at its own
expense. All service pipes from the meter to the fixtures shall be
installed at the expense of the owner or consumer, by or under the
supervision of a master plumber or master gas fitter. The gas
superintendent shall have the authority and responsibility to
determine the location of all lines downstream to and including
the meter. (Code 1959, § 14-15; 3-17-75, § 1.)

Sec. 14-16. Repair of pipes and fixtures.

All repairs to pipes and fixtures upstream from and including
the meter, shall be done by the city at its own expense. No person
shall under any circumstances be allowed to open a street or in any
way interfere with the gas pipes under the responsibility of the

city without the permission of the gas superintendent. (Code
1959, § 14-16; 3-17-75, § 1.)

Sec. 14-17. Injury to gas apparatus; unlawful use of gas.[142]

No person shall unlawfully install, alter, injure or destroy, or,
having the right to prevent it, permit to be installed, altered,
injured or destroyed, any meter, pipe, line or other gas apparatus
belonging to the city, or shall unlawfully prevent a gas meter
from duly registering the quantity of gas supplied, or in any way
interfere with the meter's proper action or just registration, or
shall, without the consent of the city, unlawfully divert, use or
cause to be used any city gas. (Code 1959, § 14-17; 8-5-63.)

Sec. 14-18. Right of access to premises.

The authorized agents of the city shall have the right of free
access to the premises into which a service pipe is laid, whether
gas is being used or not, for the purpose of examining the whole
gas apparatus; replacing any natural gas pipeline to comply with
U. S. Department of Transportation Minimum Safety Standards,
or for the removal of the meter and service pipe. (Code 1959, §
14-18; 3-17-75, § 1.)

Sec. 14-19. Obstructing stopcocks or fixtures; interfering
with pipes.

No person shall obstruct any fixture connected with the gas
works in any manner, or remove or injure any pipe or open the
same so as to waste gas. (Code 1959, § 14-19; 3-17-75, § 1.)

Sec. 14-20. Inspection, maintenance and use of pipe lines laid
by property owners.

Before the city furnishes gas through pipe lines laid by
property owners, such private lines, including the size, location
and construction, shall be inspected and approved by the city

manager or his authorized representative. Whenever the city
furnishes gas through any privately laid pipe lines, the city shall
maintain such lines so long as it furnishes gas through them. In
consideration of such maintenance, the city shall have the right to
connect with and furnish gas to such additional consumers
through such lines as the city may determine, without any charge
being made by the owners of the lines to the city or to the owners
of any property connected therewith. (Code 1959, § 14-20.)

Sec. 14-21. Location of lines.

No utility line shall be located within one foot of a gas line,
except that a sanitary sewer line shall not be located within five
feet of a gas line. (Code 1959, § 14-21; 3-17-75, § 1.)

Sec. 14-22. Venting gas appliances.

All gas water heaters, and all gas space heating appliances or
furnaces rated in excess of thirty thousand B. T. U.'s per hour,
must be vented to a flue or outside pipe installed for this purpose
and all gas space heating appliances installed in bedrooms or
rooms used regularly for sleeping purposes must be vented and
equipped with an automatic safety cutoff device approved by the
American Gas Association.

The plumbing inspector may require any other gas appliances
to be vented if he deems it necessary.

Appliances requiring vent pipes must be equipped with a draft
diverter hood.

This section shall not apply to heaters or gas appliances
installed prior to November 5, 1951. (Code 1959, § 14-22.)

Sec. 14-23. Requirements as to piping.

All natural gas pipe lines shall be installed to meet the U. S.
Department of Transportation Minimum Safety Standards for
transportation of natural gas and the requirements of the
Virginia Uniform Statewide Building Code. (7-2-62; 2-18-63;
10-9-72; 3-17-75, § 1.)

Sec. 14-24. Repealed by Ordinance passed 3-17-75.

CHAPTER 15.

Health and Sanitation.[143]

§ 15-1. Joint health board—Composition.

§ 15-2. Same—Appointment and term of member selected by city;
terms of other members.

§ 15-3. Same—Powers and duties generally.

§ 15-4. Same—Powers and duties of officers, agents and employees.

§ 15-5. Same—Rules and regulations; penalty for violation.

§ 15-6. Fluoridation of city water.

§§ 15-7 to 15-15. Reserved.

§ 15-16. Condemnation of wells and springs.

§ 15-17. Vaccination of school teachers and pupils.

§ 15-18. Inspection of streets and premises; abatement of accumulated
filth and nuisances.

§ 15-19. Drains and running water; stagnant water.

§ 15-20. Discharge of water, slops, etc.

§ 15-21. Failure to remove nuisance, etc., after notice.

§ 15-22. Rodent and vermin control—Duty to keep premises clean.

§ 15-23. Same—Inspection of buildings; orders to remedy conditions.

§ 15-24. Same—Interference with inspection; failure to comply with
health officer's orders.

§ 15-25. Removal of ashes, trash, garbage, etc.

Sec. 15-1. Joint health board—Composition.

The city board of health shall be composed of a member of
the joint health board which is selected by the County of Albemarle,
a member of the joint health board which is selected
by the University of Virginia, and a member of the
joint health board which is selected by the city. Such joint
health board, when selected and organized as provided for in
a contract dated May 29, 1936, by and between the county,

city and university, creating such joint health board, shall be
in fact, and the same is hereby made the board of health of
the city. (Code 1959, § 15-1.)

Sec. 15-2. Same—Appointment and term of member selected
by city; terms of other members.[144]

The member of the joint health board to be selected by the
city as aforesaid shall be appointed by the city council for a
term of two years, beginning on the first day of September in
each even-numbered year, and the other members of the board
shall hold office so long as they, or their successors, shall remain
members of the joint health board. (Code 1959, §
15-2.)

Sec. 15-3. Same—Powers and duties generally.

The joint health board shall exercise, perform and carry
out all the powers, duties and obligations now or hereafter
prescribed by this Code or state law with respect to public
health and sanitation. (Code 1959, § 15-3.)

Sec. 15-4. Same—Powers and duties of officers, agents and
employees.

Such officers, agents and employees as the joint health
board shall appoint in pursuance of the aforesaid contract
of May 29, 1936, shall have all the powers and shall perform
all the duties now or hereafter prescribed by city ordinance
or state law pertaining to public health and sanitation. (Code
1959, § 15-4.)

Sec. 15-5. Same—Rules and regulations; penalty for violation.[145]

The joint health board shall have power to adopt and enforce
such reasonable rules and regulations as they may deem

necessary for health and sanitation, not in conflict with this
chapter and state law, but such rules and regulations shall
be subject to the approval of the city council and spread upon
the ordinance book and shall be published in a newspaper
published in the city. In case of epidemics, rules and regulations
for suppressing the same shall immediately become
effective.

It shall be unlawful for any person to violate any such
rules and regulations. Upon conviction of the person so
offending, he shall be punished by a fine of not less than ten
dollars nor more than fifty dollars for the first offense, and not
less than twenty-five dollars nor more than one hundred dollars
for each subsequent offense. (Code 1959, § 15-5.)

Sec. 15-6. Fluoridation of city water.[146]

The city manager is hereby authorized and directed to provide
the means and to proceed with the introduction of fluorine,
sodium fluoride or a compound thereof to the city's public
water supply in such quantities as are required to maintain
throughout the city's water distribution system a fluoride
ion concentration of approximately one part per million.

The water department shall keep an accurate daily record
showing the number of gallons treated and the fluoride ion
concentration of the water after treatment. Such department
shall also determine and record the fluoride ion concentration
in the distribution system at such points and at such intervals
as may be directed by the director of the Albemarle-Charlottesville
Joint Health Department.

The director shall have general supervision over treatment
of the public water supply with fluoride, and the water department
shall furnish to the joint health department copies
of records specified herein, at daily, weekly or monthly intervals
as may be required by the director. The water department
shall also furnish copies of these records to the state
department of health at monthly intervals. (12-2-63.)

Sec. 15-7 to 15-15. Reserved.

Sec. 15-16. Condemnation of wells and springs.

Whenever the city health officer is informed or learns that
any well or spring in the city may be in such condition as to

endanger the health of persons who use or may use water
therefrom, he shall immediately cause such spring or well to
be examined. If, after such examination, he shall be of the
opinion that the spring or well is in such condition as to endanger
the health of persons using or who may use water
therefrom, he shall serve a warning notice on those who are
liable to use the water and put a warning sign upon or near
such well or spring or other source of water and shall summon
the owner of the property or his agent, if he be a nonresident,
or his guardian or committee, requiring him to appear
before the judge of the municipal court, to show cause
why the spring or well should not be closed or put in safe
condition.

If, after hearing the case, it shall appear that the spring or
well is in such condition as to endanger the health of persons
using or who may use water therefrom, the judge of the
municipal court shall require such spring or well to be effectively
closed or made safe within a reasonable time to be fixed
by him. If the spring or well shall not be closed or made safe
within the time specified, the judge of the municipal court
shall summon the owner or his agent, if he be a nonresident,
or his guardian or committee, to show cause why such owner
should not be fined for failure to comply with such order and
to show cause why the spring or well should not be effectively
closed or made safe at the expense of the owner thereof.

If, at such hearing, no sufficient cause be shown for failure
to comply with such order, the owner of the spring or well
shall be punished as provided in section 1-5 for each day his
failure to comply with such order is continued and the judge
of the municipal court may further require such spring or
well to be effectively closed or made safe, at the expense of the
owner thereof. (Code 1959, § 15-16.)

Sec. 15-17. Vaccination of school teachers and pupils.[147]

Every teacher and pupil shall, within ten days after entering
the city schools, furnish a certificate from a reputable
physician certifying that such teacher or pupil has been successfully
vaccinated for smallpox or a certificate from the
health officer that such teacher or pupil is entitled to exemption

from vaccination by reason of a peculiar physical condition;
but nothing in this section shall preclude the school
board from requiring immediate vaccination in the case of
an epidemic of smallpox or the annual revaccination of those
who have not furnished certificates of proper vaccination.
(Code 1959, § 15-17.)

Sec. 15-18. Inspection of streets and premises; abatement of
accumulated filth and nuisances.[148]

The health officer shall cause to be inspected all streets,
cellars, yards, lots, privies and other places which may be,
or are alleged to be or are likely to become offensive. It shall
be the duty of all police officers to observe at all times the
sanitary condition of their districts and to report promptly
to the health officer, through the chief of police, any nuisance
or accumulated filth found to exist in any part of the city.
When any such thing shall be found, which, in the opinion
of the health officer, is or is likely to become injurious to
health, the health officer shall require the person causing such
nuisance, or the owner or the occupant of the premises on
which such thing is, to correct the evil forthwith in such
manner as he may deem expedient. Should such person fail
to execute the order of the health officer, the nuisance may
be removed by the city manager and the cost thereof shall be
collected of such persons, as other fines for the violation of
city ordinances are collected. Such costs shall be in addition to
any penalty imposed pursuant to section 1-5 for failure to
obey the order of the health officer. (Code 1959, § 15-18.)

Sec. 15-19. Drains and running water; stagnant water.

If, upon any ground in the city, there is found a drain or
running water, the owner thereof or abutting property
owners, shall be required to keep the same clean, free and
unobstructed from filth, garbage or vegetation. If stagnant
water or a marshy place shall be found upon any premises
in the city, the owner thereof shall be required to drain such
stagnant water or fill such marsh forthwith, upon order of
the health officer. Upon failure to comply, the city manager

is hereby authorized to have such stagnant water drained and
such marshy place filled at the expense of the city and may
collect the expense for so doing from the owner or occupant
of the property. Such expense shall be in addition to any
penalty imposed pursuant to section 1-5 for failure to comply
with the order of the health officer. (Code 1959, § 15-19.)

Sec. 15-20. Discharge of water, slops, etc.

No discharge from any bathtub, hydrant or other water
fixture and no water which has been used for the washing of
automobiles, trucks or other vehicles shall be permitted to
flow into the street, upon the sidewalk or upon any adjoining
property. Under no circumstances shall the discharge
from a water closet, a kitchen sink, or the slops from a
kitchen, be turned into the street.

Any one violating this section shall be punished as provided
in section 1-5 for each day the same may continue
after notice from the health officer or the chief of police to
abate the same. (Code 1959, § 15-20.)

Sec. 15-21. Failure to remove nuisance, etc., after notice.

If any person, after being notified by the health officer to
remove anything belonging to him, or any nuisance caused
by him, or to bury or to destroy anything belonging to him,
or found on premises owned or occupied by him, shall fail
to do so within twenty-four hours after such notice, it shall
be the duty of the city manager to have the same done at
the expense of the city, which expense shall be reimbursed
to the city by the person through whose default the same incurred.
Such expense shall be in addition to any penalty imposed
pursuant to section 1-5 for failure to comply with the
order of the health officer. (Code 1959, § 15-21.)

Sec. 15-22. Rodent and vermin control—Duty to keep premises
clean.

Every dwelling or building and all premises and every part
thereof shall be kept clean and free from any accumulation
of dirt, filth, rubbish, garbage or any matter which is likely
to provide food or harborage for rats and shall be kept free
from vermin or rodent infestation. All yards, lawns and

courts shall be similarly kept clean and free from rodent infestation.
It shall be the duty of each occupant of a dwelling
unit to keep that portion of the property which he occupies
or over which he has exclusive control clean and free
from accumulation of such matter as is likely to provide food
or harborage for rats. (Code 1959, § 15-22.)

Sec. 15-23. Same—Inspection of buildings; orders to remedy
conditions.

The health officer of the city is authorized to make, or cause
to be made, inspections of existing buildings and other structures
to determine the prevalence of rats and, if necessary for
the protection of the public health, he may order the following
things to be done:

(1) The vent stoppage of any rat-infested building or other
structure.

(2) The elimination of rat harborages.

(3) The protection of food and garbage from rats.

(4) The extermination of rats on the premises.

For the purpose of this section, "vent stoppage" shall mean
the closure of openings, providing entry by rats, with a material
that is impervious to rat gnawing.

The phrase "elimination of rat harborages" shall mean the
effective application of such measures as the following:

Whenever an accumulation of rubbish, boxes, lumber, scrap
metal, car bodies or any other materials provide rat harborage,
the person owning or in control of such materials shall
cause the materials to be removed or the materials shall be
stored so as to eliminate the rat harborage. Lumber, boxes
and similar materials shall be neatly piled. The piles shall
be raised at least a foot above the ground. When the owner
of the material cannot be found after a reasonable search,
the owner or manager of the premises on which the material
is stored shall be responsible for the disposal or proper
piling of the material. (Code 1959, § 15-23.)

Sec. 15-24. Same—Interference with inspection; failure to
comply with health officer's orders.

It shall be unlawful for any person to refuse to permit or
interfere with any inspections pursuant to section 15-23, or

for any owner or occupant of any building or premises to
fail or neglect to comply with any order issued under the authority
of section 15-23, within the time specified by the
health officer. (Code 1959, § 15-24.)

Sec. 15-25. Removal of ashes, trash, garbage, etc.[149]

All ashes, glass, kitchen garbage consisting in whole or
in part of foodstuff, tin cans and other damp garbage must
be drained and placed in a nonleaking metal container, with
a close-fitting top, of not over thirty gallons capacity.

Dry trash, such as paper, old cartons, weeds, leaves, brush
or brush trimmings, may be placed in the same containers
or may be placed in baskets or boxes, if the material is secured
so as to prevent the trash from being blown therefrom.
Newspapers and magazines may be bundled and tied.

Such receptacles or bundles shall be placed along the edge
of the sidewalk area on such days and at such hours as may
be prescribed in rules and regulations issued by the city
manager.

All such receptacles, unless installed below the ground, shall
be removed by the owner from the sidewalk area and taken
behind the building setback line within a reasonable time
after being emptied.

Factory cuttings, trade wastes or rejected building materials
will not be removed by the city. They may be hauled
to the city dump by the property owner or his agent.

The city manager is hereby empowered to adopt and put
into force such rules and regulations governing the removal
of ashes, garbage and trash as he may deem necessary. Any
such regulations, after approval by the city council, shall have
the force and effect of an ordinance. (Code 1959, § 15-26.)

CHAPTER 15.1

Housing Standards.[150]

Article I. In General.

§ 15.1-1. Definitions.

§ 15.1-2. Inspection of premises.

§ 15.1-3. Repealed.

§ 15.1-3.1. Notice of violation.

§ 15.1-3.2. Appeal of order of enforcing officer.

§ 15.1-3.3. Variations and modifications.

§ 15.1-4. Repealed.

§ 15.1-5. Emergency action.

§ 15.1-6. Administrative liability of health department and city employees.

§ 15.1-7. Conflicting ordinances.

§ 15.1-7.1. Failure to comply with order of enforcing officer.

§ 15.1-7.2. Transfer of ownership or occupancy of noncomplying dwelling units.

Article II. Housing Board of Adjustments and Appeals.

§ 15.1-8. Established; membership; appointment of members.

§ 15.1-9. Term of office of members; vacancies; maximum number of terms.

§ 15.1-10. Quorum; minimum vote required for action; conflict of interest.

§ 15.1-11. Meetings; procedure.

§§ 15.1-12 to 15.1-14. Repealed.

Article III. Responsibilities of Owners and Occupants of Dwellings.

§ 15.1-15. General responsibilities of owners.

§ 15.1-16. General responsibilities of occupants.

§ 15.1-17. Responsibilities of owners and occupants when premises are infested.

Article IV. Minimum Standards for Basic Equipment and Facilities.

§ 15.1-18. Minimum kitchen and bathroom equipment.

§ 15.1-19. Minimum heating facilities.

§ 15.1-20. Electric service.

Article V. Minimum Standards for Light and Ventilation.

§ 15.1-21. Minimum window area.

Article VI. Minimum Standards for Space and Use.

§ 15.1-22. "Occupant" defined for purposes of article.

§ 15.1-23. Floor area requirements.

§ 15.1-23.1. Minimum standards for adequate egress.

§ 15.1-24. Repealed by ordinance passed November 20, 1967.

§ 15.1-25. Cellars.

§ 15.1-26. Basements.

Article VII. Minimum Standards of Maintenance.

§ 15.1-27. Protection against vermin.

§ 15.1-28. Stairways.

§ 15.1-29. Interruption of utilities and services.

Article IX. Rooming Houses, Lodging Houses, and Hotels.

§ 15.1-30. Minimum standards.

§ 15.1-31. Permit — Required; display; term; notice of transfer of ownership.

§ 15.1-32. Same—Suspension by enforcing officer.

§ 15.1-33. Same—Hearing on suspended permit.

Article X. Dwellings Unfit for Human Habitation.

§ 15.1-34. Grounds for condemnation of unfit dwellings.

§ 15.1-35. Placarding of condemned dwellings.

§ 15.1-36. Use of condemned buildings prohibited; removal of placard upon
correction of defects.

§ 15.1-37. Unauthorized removal of placard.

§ 15.1-38. Hearing on condemnation order.

§ 15.1-39. Correction or removal of unfit buildings.

§ 15.1-40. Period during which dwellings shall not be placarded or remain vacant.

Article I. In General.

Sec. 15.1-1. Definitions.

For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:

Basement. A story having part but not more than one-half of
its height below grade. A basement is counted as a story for the
purpose of height regulations if subdivided and used for business
or dwelling purposes by others than a janitor employed on the
premises.

Cellar. A story having more than one-half its height below
grade.

Dwelling. Any building which is wholly or partly used or

intended to be used for living or sleeping by human occupants.

Dwelling unit. Any room or group of rooms forming a single
habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking and eating.

Enforcing officer. The city housing inspector, who shall be
employed in the public works department, subject to the
supervision and control of the superintendent of inspections.

Extermination. The control and elimination of insects, rodents
or other pests by eliminating their harborage places, by removing
or making inaccessable materials that may serve as their food, by
poisoning, spraying, fumigating, trapping or by any other
recognized and legal pest elimination methods approved by the
enforcing officer.

Garbage. The animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.

Grade. With reference to a building, such term shall mean,
when the curb level has been established, the mean elevation of
the curb level opposite those walls that are located on, or parallel
with and within fifteen feet of street lines; or, when the curb level
has not been established, or all the walls of the building are more
than fifteen feet from street lines, "grade" means the average of
the finished ground level at the center of all walls of a building.

Habitable room. A room occupied or designed to be occupied by
one or more persons for living, eating or sleeping, but not
including toilets, laundries, serving and storage space, corridors,
cellars, halls and spaces not used frequently or during extended
periods.

Infestation. The presence of household pests, vermin or rodents
on the premises.

Multiple dwelling. A building or portion thereof designed for
occupancy by three or more families.

Occupant. Any person, over one year of age, living, sleeping,
cooking or eating in or having actual possession of a dwelling unit
or rooming unit.

Operator. Any person who has charge, care or control of a
building or part thereof in which dwelling units or rooming units
are let.

Ordinary minimum winter conditions. The temperature twenty
degrees Fahrenheit above the lowest recorded temperature for the
previous fifteen year period.

Owner. Any person who, alone or jointly, or severally with
others:

(a) Shall have legal title to any dwelling or dwelling unit; or

(b) Shall have charge, care or control of any dwelling or
dwelling unit, as owner or agent of the owner, or guardian of the
estate of the owner.

Plumbing. All gas pipes or burning equipment, waste pipes,
water pipes, water closets, sinks, lavatories, bathtubs,
catchbasins, drains, vents or other fixtures, together with their
connections to the water, sewer or gas lines.

Premises. Any land, together with any buildings or structures
occupying it.

Rooming house. Any dwelling or that part of any dwelling
containing one or more rooming units, in which space is let by the
owner or operator to three or more persons, who are not husband
or wife, son or daughter, mother or father, or sister or brother of
the owner or operator.

Rooming unit. Any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking. (10-5-64; 3-3-69; 7-2-73.)

Sec. 15.1-2. Inspection of premises.

The enforcing officer is hereby authorized and directed to
make inspections to determine the condition of dwellings,
dwelling units, rooming houses and premises located within
the city. For this purpose, the enforcing officer or his representative
duly designated is authorized to execute such powers
as may be necessary and convenient to carry out the purposes
and provisions of this chapter, including but not limited
to the following powers:

(a) To investigate dwelling conditions of the city.

(b) To enter upon premises for the purpose of making inspections;
provided, that such entries shall be made in such
manner as to cause a minimum of inconvenience to persons
in possession.

The city manager is hereby authorized to make and adopt such
written rules and regulations as may be necessary for the proper
enforcement of this chapter; provided, that such rules and
regulations shall be subject to the approval of the city council,
which approval shall be given only after council has followed the
same procedure it uses for adoption of general ordinances. Such
rules and regulations of enforcement shall not be in conflict with
the provisions of this chapter and shall become effective on the
date following final approval by city council. The penalty for
violation thereof shall be the same as the penalty for violation of
any provision of this Code. (10-5-64; 3-3-69; 7-2-73.)

Sec. 15.1-3. Repealed by Ordinance adopted August 19, 1974.

Sec. 15.1-3.1. Notice of violation.

Whenever the enforcing officer determines that there has been
a violation of any provision of this chapter, he shall give written
notice of each violation to the person or persons responsible
therefor and order compliance with this chapter, as hereinafter
provided. Such notice and order shall:

(a) Include a list of alleged violations, together with a copy of
the sections of this chapter violated and remedial action, which, if
taken, will effect compliance with the provisions of this chapter.

(b) Be served upon the owner or occupant, as the case may
require, at their last known address by certified mail, return
receipt requested. Should delivery of such notification be refused,
or if the whereabouts of such person is unknown and cannot be
ascertained by the enforcing officer in the exercise of reasonable
diligence, the enforcing officer will make affidavit to such effect
and cause such notice to be published in a newspaper published in
this city once a week for two consecutive weeks.

(c) Order the notified person or his designated representative
to correct the violation at once or appear in a hearing before the
enforcing officer at a specified time not less than ten nor more than
fourteen days after the date said notice of violation is received or
after publication of such notice; provided, that after the owner
has received notice of violation, if the property becomes vacant, it
shall remain vacant until the acts required by the notice have
been performed; and further provided, that no occupant shall be

ejected by an owner or operator from the premises which are the
subject of any such notice, except for non-payment of rent, until
the acts required by the order are performed. A violation of this
section shall be a misdemeanor punishable as provided in section
1-5 of this Code.

(d) Upon conclusion of such hearing, the enforcing officer may
declare such order to be in full force or effect or may modify the
same upon a finding that any or all of the alleged violations do not
exist or have been corrected or may establish, by agreement with
the violator or otherwise, an extended time for compliance with
the provisions of such order; provided, however, that in any case
in which the enforcing officer extends the time for compliance
with such order by more than twenty-one days, he shall estimate
the cost of repairs and improvements necessary to effect
compliance with the order and shall require the violator to
provide bond with a surety adequate to guarantee the completion
by the time established in such order of such repairs or
improvements. The city attorney is authorized to accept instead
of corporate surety, a letter of credit, joint savings account,
escrow agreement, or where the value of such improvements and
repairs does not exceed five hundred dollars, a certified check or
other pledge or deposit of collateral which the City Attorney may
consider satisfactory to insure compliance. (8-19-74, § 2.)

Sec. 15.1-3.2. Appeal of order of enforcing officer.

(a) Any person aggrieved by the decision of the enforcing
officer which has been rendered in accord with the above
provisions shall have the right of appeal to the housing board of
adjustments and appeals.

(b) Notice of appeal shall be in writing and filed with the
enforcing officer within ten days after entry of a final order of the
enforcing officer pursuant to section 15.1-3.1.

(c) Any appeal which is filed with the housing board of
adjustments and appeals must be heard by that board within ten
days of its receipt.

(d) A decision must be rendered within twenty-one days after
hearing the appeal. (8-19-74, § 2.)

Sec. 15.1-3.3. Variations and modifications.

(a) The housing board of adjustments and appeals, when so
appealed to and after a hearing within ten days of the appeal,
may vary the application of any provision of this chapter to any
particular case, when in its opinion, the enforcement thereof
would do manifest injustice and be contrary to the spirit and
purpose of this chapter or public interest, or when, in its opinion
the interpretation of the enforcing officer should be modified or
reversed.

(b) A decision of the housing board of adjustments and appeals
to vary the application of any provision of this chapter or to
modify an order of the enforcing officer shall specify in what
manner such variation or modification is made, the conditions
upon which it is made and the reasons therefor.

(c) In any case in which the housing board of adjustments and
appeals modifies or varies the order of the enforcing officer by
extending the time for compliance therewith, the board shall
estimate the cost of repairs or improvements and require the
violator to furnish a bond as in like manner as provided in section
15.1-3.1 (d).

(d) Every decision of the housing board of adjustments and
appeals shall be final; subject, however, to such remedy as any
aggrieved party might have at law or in equity. Every such
decision shall be in writing and shall indicate the vote upon
the decision. Every decision shall be promptly filed in the
office of the enforcing officer and shall be open to public
inspection. A certified copy shall be sent by mail or otherwise to
the appellant and a copy shall be kept posted in the office of the
enforcing officer for two weeks after filing. (8-19-74, § 2.)

Sec. 15.1-4. Repealed by Ordinance adopted August 19, 1974.

Sec. 15.1-5. Emergency action.

Whenever the enforcing officer finds that an emergency exists
which requires immediate action to protect the health and safety
of the occupants of a particular building or of the public, he may
issue an order reciting the existence of an emergency and

requiring immediate action to be taken as deemed necessary to
meet the emergency. Regardless of other provisions of this
chapter, such order shall take effect immediately and any person
to whom such order is directed shall comply therewith
immediately; however, upon petition such person shall be
afforded a hearing before the housing board of adjustments and
appeals within twenty-four hours. After such hearing, depending
upon its findings as to whether the provisions of this chapter have
been complied with, the housing board of adjustments and
appeals shall continue, modify or revoke such order. (10-5-64.)

Sec. 15.1-6. Administrative liability of health department and
city employees.

No officer, agent or employee of the joint health department or
of the city shall be personally liable for any damage that may
accrue to persons or property as a result of any action required or
permitted in the discharge of his duties under this chapter.
(10-5-64.)

Sec. 15.1-7. Conflicting ordinances.

Whenever the regulations contained in this chapter impose
higher requirements than regulations contained in other
provisions of this Code or other city ordinances, the regulations of
this chapter shall prevail. (10-5-64.)

Sec. 15.1-7.1. Failure to comply with order of enforcing
officer.

Failure to comply with the final order of the enforcing officer
or of the housing board of adjustments and appeals after all
rights of appeal have been exhausted or waived shall constitute a
misdemeanor punishable as provided in section 1-5 of this Code.
The penalties provided thereunder shall be in addition to and not
in lieu of, any forfeiture of performance bond posted to guarantee
compliance with such order. (8-19-74, § 2.)

Sec. 15.1-7.2. Transfer of ownership or occupancy of
noncomplying dwelling units.

It shall be unlawful for the owner of any dwelling unit who has

received a violation order in accordance with the provisions of this
article to sell, lease or otherwise transfer title or possession of
such dwelling unit to another until the provisions of the violation
order have been complied with, or until such owner shall first
have furnished to the grantee, lessee, or transferee, a true copy of
any such violation order as issued by the enforcing officer or as
modified by the housing board, and have furnished to the
enforcing officer a signed and notarized statement from the
grantee, lessee, or transferee acknowledging the receipt of such
violation order. Failure to comply with this section shall be
deemed a misdemeanor and shall be punishable as provided in
section 1-5 of this Code. (8-19-74, § 2.)

Article II. Housing Board of Adjustments
and Appeals.

Sec. 15.1-8. Established; membership; appointment of members.

There is hereby established in the city a board to be called the
housing board of adjustments and appeals, which shall consist of
seven members appointed by the city council. (10-5-64; 11-27-74.)

Sec. 15.1-9. Term of office of members; vacancies; maximum
number of terms.

Of the members first appointed to the housing board of adjustments
and appeals, two shall be appointed for a term of one year,
two for a term of two years and one for a term of three years.
Members of the board in office on November one, nineteen
hundred seventy-four, shall continue in office until the expiration
of the terms for which respectively appointed. Subsequent
appointments shall be made by the city council for terms of four
years each. Vacancies shall be filled for an unexpired term in the
manner in which original appointments are required to be made.
Continued absence of any member from regular meetings of the
board shall, at the discretion of the city council, render such
member liable to immediate removal from office. No member
shall serve more than two consecutive four year terms. (10-5-64;
11-27-74.)

Sec. 15.1-10. Quorum; minimum vote required for action;
conflict of interest.

Four members of the housing board of adjustments and appeals
shall constitute a quorum. In varying the application of any
provisions of this chapter or in modifying an order of the
enforcing officer, affirmative votes of the majority present, but
not less than four affirmative votes, shall be required. No board
member shall act in a case in which he has a personal interest.
(10-5-64; 11-2-74.)

Sec. 15.1-11. Meetings; procedure.

The housing board of adjustments and appeals shall establish
rules and regulations for its own procedure not inconsistent with
the provisions of this chapter. The board shall meet at regular
intervals, to be determined by the chairman, or in any event, the
board shall meet within ten days after notice of appeal has been
received. (10-5-64.)

Secs. 15.1-12 to 15.1-14. Repealed by Ordinance adopted August
19, 1974.

Article III. Responsibilities of Owners and
Occupants of Dwellings.

Sec. 15.1-15. General responsibilities of owners.

Except where such responsibility is assumed by an operator or
occupant in a written agreement, every owner of a dwelling or
dwelling unit shall be responsible for the maintenance, sanitation
and good operating condition of such dwellings and premises
thereof and shall keep the roof in such condition so that it will not
leak, and so that all surplus water shall be conveyed therefrom, as
not to cause dampness in the walls or ceilings. (10-5-64.)

Sec. 15.1-16. General responsibilities of occupants.

Every occupant of a dwelling or dwelling unit shall:

(a) Maintain in a clean and sanitary condition that part of the
premises which he occupies.

(b) Dispose of his garbage or other organic or human waste by
disposal facilities in accordance with applicable provisions of this
Code and other city ordinances. It shall be the responsibility of
the owner or occupant to provide the necessary nonleaking
containers as required by the provisions of this Code and other
city ordinances.

(c) Keep all plumbing fixtures in a clean and sanitary condition
and exercise reasonable care in the use and operation thereof.
(10-5-64.)

Sec. 15.1-17. Responsibilities of owners and occupants when
premises are infested.

Every occupant of a single-family dwelling shall be responsible
for the extermination of any insects, rodents or other pests which
shall infest the premises, including accessory buildings. Every
occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such extermination
whenever his dwelling unit is the only one infested. Whenever
infestation is caused by failure of the owner to maintain a
dwelling in a ratproof or reasonably insectproof condition,
extermination shall be the responsibility of the owner. Whenever
infestation exists in two or more of the dwelling units in any
dwelling or in the shared or public parts, such as hallways, utility
closets, laundry rooms, porches, yard, etc., of any dwelling
containing two or more dwelling units, extermination thereof
shall be the responsibility of the owner. (10-5-64.)

Article IV. Minimum Standards for Basic
Equipment and Facilities.

Sec. 15.1-18. Minimum kitchen and bathroom equipment.

No owner shall occupy or let to another for occupancy any
dwelling or dwelling unit for the purpose of living, sleeping,
cooking or eating therein which does not comply with the
following requirements:

(a) Every dwelling unit shall contain a kitchen sink in good

working condition and properly connected to a water and
sewerage system approved by the enforcing officer.

(b) Every dwelling unit (except as otherwise permitted under
subsection (c) of this section) shall contain a room, separate from
habitable rooms, affording privacy and equipped with a flush
water closet, a lavatory basin and bathtub or shower, all properly
connected to a water and sewerage system approved by the
enforcing officer.

(c) Every dwelling shall have supplied water-heating facilities
which are properly installed, are maintained in safe and good
working condition, and are capable of heating water to a
minimum temperature of one hundred twenty degrees
Fahrenheit. When hot water is provided by a landlord, the
minimum temperature of the water so furnished shall be one
hundred twenty degrees Fahrenheit. (10-5-64; 6-19-67; 11-20-67;
3-3-69.)

Sec. 15.1-19. Minimum heating facilities.

Every dwelling shall have heating facilities which are properly
installed, and maintained in safe and good condition and are
capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments in every dwelling unit
located therein to a temperature of at

least seventy degrees Fahrenheit at a distance of five feet
above floor level, at the center of the room, under ordinary
minimum winter conditions. All fuel burning heating facilities
shall be permanent installations attached to an approved
flue. No portable room heating units using liquid fuel shall be
permitted in any dwelling unit. (10-5-64; 6-19-67.)

Sec. 15.1-20. Electric service.

No owner shall occupy or let to another for occupancy any
dwelling unit for the purpose of living, sleeping, cooking or
eating therein which does not comply with the following requirements:

Each dwelling and each rooming unit shall be supplied with
electricity within such unit as follows:

1. Every habitable room shall contain at least two separate
floor or wall-type electric convenience outlets or one such
convenience outlet and one supplied ceiling-type electric light
fixture;

2. Every water closet compartment, bathroom, laundry
room, furnace room and public hall shall contain at least one
supplied ceiling or wall type electric light fixture; and

3. Every outlet and fixture shall be properly installed and
maintained in good and safe working condition. (10-5-64;
6-19-67; 11-20-67.)

Article V. Minimum Standards for Light and Ventilation.

Sec. 15.1-21. Minimum window area.

No owner shall occupy or let to another for occupancy any
dwelling unit for the purpose of living, sleeping, cooking or
eating therein which does not comply with the following requirements:

Every habitable room, bathroom and water closet compartment
shall have at least one window or skylight facing directly
to outdoor open space having a total area equal to at
least ten per cent of the floor area of such room; or such
other device as will adequately ventilate the room which shall
be in working condition at all times. All windows and skylights
shall be enclosed with glass and shall be provided with
suitable hardware with construction so as to be able to be
opened to the extent of five per cent of the floor area. Whenever

walls or other portions of structures face a window of
any such room and such light-obstruction structures are located
less than three feet from the window and extend to a
level above that of the ceiling of the room, such a window
shall not be deemed to face directly to the outdoors and shall
not be included as contributing to the required minimum total
window area. Every public hall and stairway in every multiple
dwelling unit containing five or more dwelling units shall
be adequately lighted at all times. (10-5-64; 6-19-67; 3-3-69.)

Article VI. Minimum Standards for Space and Use.

Sec. 15.1-22. "Occupant" defined for purposes of article.

For the purposes of this article, a person under one year
of age shall not be counted as an occupant. (10-5-64.)

Sec. 15.1-23. Floor area requirements.

No person shall occupy or shall let to another for occupancy
any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum
standards for space, use and location:

(a) Every dwelling unit shall contain at least one hundred
fifty square feet of habitable floor area for the first occupant,
at least one hundred square feet of additional habitable floor
area for each of the next three occupants, and, thereafter,
at least seventy-five square feet of additional habitable floor
area for each additional occupant.

(b) Every room occupied for sleeping purposes by one occupant
shall contain at least seventy square feet of floor
area, and every room occupied for sleeping purposes by more
than one occupant shall contain at least fifty square feet
of floor area for each occupant twelve years of age and over
and at least thirty-five square feet of floor area for each
occupant under twelve years of age.

(c) Floor area shall be calculated on the basis of habitable
room area. However, closet area and hall area within the
dwelling unit, where provided, may count for not more than
ten per cent of the required habitable floor area. At least
one-half of the floor area of every habitable room shall have
a ceiling height of at least seven feet. (10-5-64; 11-20-67.)

Sec. 15.1-23.1. Minimum standards for adequate egress.

Every dwelling, dwelling unit and rooming unit shall provide
for an adequate means of egress. (7-3-67.)

Sec. 15.1-24. Repealed by ordinance passed November 20, 1967.

Sec. 15.1-25. Cellars.

No cellar shall be used for living purposes. (10-5-64.)

Sec. 15.1-26. Basements.

No basement shall be used for living purposes unless:

(a) The floor and walls are substantially water-tight.

(b) The total window area, total openable area and ceiling
height are equal to those required for habitable rooms.
(10-5-64.)

Article VII. Minimum Standards of Maintenance.

Sec. 15.1-27. Protection against vermin.

No owner shall occupy or let to another for occupancy
any dwelling or dwelling unit for the purpose of living,
sleeping, cooking, or eating therein which does not comply
with the following requirements:

(a) Every foundation, floor, wall, basement, hatchway,
stairway, window, door, ceiling and roof shall be substantially
water-tight and rodent proof.

(b) Every opening to a basement or cellar which might
afford an entry for rodents shall be barred with a strong
screen or sash or such other device as will prevent such
entry. (10-5-64.)

Sec. 15.1-28. Stairways.

Every inside and outside stair and handrail and every
porch handrail shall be constructed and maintained so as
to be safe and capable of supporting the maximum load that
normal use may cause to be placed thereon. (10-5-64.)

Sec. 15.1-29. Interruption of utilities and services.

No owner, agent or occupant shall cause any service,
facility, equipment or utility which is required under this
chapter to be removed from, shut off from or discontinued
for any occupied dwelling, except for such temporary interruption
as may be necessary while actual repairs or alterations
are in progress or during temporary emergencies when
discontinuance of service is approved by the enforcing officer.
(10-5-64.)

Article IX. Rooming Houses, Lodging Houses,
and Hotels.

Sec. 15.1-30. Minimum standards.

No person shall operate a rooming house, lodging house or

hotel unless such building conforms with the provisions of
this chapter for dwellings; except, that the following requirement
for certain equipment and facilities shall be substituted
for the provisions of section 15.1-18:

At least one flush water closet, lavatory basin, bathtub or
shower, properly connected to a water and sewerage system
approved by the enforcing officer and in good working condition,
shall be supplied for each eight persons or fraction
thereof, including members of the operator's family wherever
they share the use of such facilities. Every lavatory
basin and bathtub or shower shall be supplied with hot
water at all times. All such facilities shall be located within
the dwelling so as to be reasonably accessible from a common
hall or passageway to all persons sharing such facilities.
(10-5-64.)

Sec. 15.1-31. Permit—Required; display; term; notice of
transfer of ownership.

No person shall operate a rooming house, lodging house or
hotel unless he holds a valid permit issued by the enforcing officer,
which states that the operator has complied with the
applicable provisions of this chapter. Such permit shall be
displayed in a conspicuous place at all times. No permit
shall be transferable. Any person who sells, transfers, gives
away or otherwise disposes of ownership of, an interest in,
or control of any rooming house, lodging house or hotel shall
give notice thereof in writing to the enforcing officer within
forty-eight hours. Such notice shall include the name and
address of the person succeeding to the ownership or control
of such rooming house, lodging house or hotel. Every
permit shall expire at the end of one year following its
date of issuance, unless otherwise suspended or revoked.
(10-5-64.)

Sec. 15.1-32. Same—Suspension by enforcing officer.

Whenever, upon inspection of any rooming house, lodging
house or hotel, the enforcing officer finds that conditions or
practices exist which are in violation of this chapter or of
any regulation adopted pursuant thereto, the enforcing officer
shall give notice in writing to the operator that unless

such conditions and practices are corrected in a reasonable
length of time, to be determined by the enforcing officer, but
not less than thirty days, the operator's permit will be suspended.
At the end of such period, the enforcing officer shall
reinspect such rooming house, lodging house or hotel, and
if he finds that such conditions or practices have not been
corrected, he shall give notice in writing to the operator
that the latter's permit has been suspended. (10-5-64.)

Sec. 15.1-33. Same—Hearing on suspended permit.

Any person whose permit under this article has been denied
or suspended or who has received notice from the enforcing
officer that his permit is to be suspended unless
existing conditions or practices are corrected, may petition
for a hearing and shall be granted a hearing before the housing
board of adjustments and appeals; provided, that if no
petition is filed within ten days following the day on which
such permit was suspended, such permit shall be deemed to
have been automatically revoked. (10-5-64.)

Article X. Dwellings Unfit for Human Habitation.

Sec. 15.1-34. Grounds for condemnation of unfit dwellings.

Any dwelling or dwelling unit which shall be found to have
any of the following defects shall be condemned as unfit for
human habitation:

(a) One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested that it creates a serious hazard
to the health or safety of the occupants thereof or of the
public.

(b) One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
thereof or of the public.

(c) One which because of its general condition or location
is unsanitary or otherwise dangerous to the health or safety
of the occupants thereof or of the public. (10-5-64.)

Sec. 15.1-35. Placarding of condemned dwellings.

Any dwelling, building or dwelling unit condemned as unfit
for human habitation shall be so designated and placarded by

the enforcing officer; provided, that in cases where a specific
time for compliance is designated, the placarding shall not
be carried out until after the lapse of the designated time.
Any dwelling or dwelling unit thus condemned and placarded
shall be vacated within a reasonable time. The placarded
shall bear the following inscription:

"This building and premises is unfit for human habitation
or occupancy, and the use or occupancy of this building and
premises is prohibited and unlawful." (10-5-64.)

Sec. 15.1-36. Use of condemned buildings prohibited; removal
of placard upon correction of defects.

No dwelling, building or dwelling unit which has been condemned
and placarded as unfit for human habitation shall
again be used for human habitation until written approval is
secured from, and such placard is removed by the enforcing
officer. The enforcing officer shall remove such placard whenever
the defects upon which the condemnation action was
based have been eliminated. (10-5-64.)

Sec. 15.1-37. Unauthorized removal of placard.

It shall be unlawful to deface or remove the placard from
any dwelling, building or dwelling unit which has been condemned
as unfit for human habitation. (10-5-64.)

Sec. 15.1-38. Hearing on condemnation order.

Any person affected by any notice or order relating to the
condemning and placarding of a dwelling, building or dwelling
unit as unfit for human habitation may request and shall
be granted a hearing on the matter before the housing board
of adjustments and appeals. (10-5-64.)

Sec. 15.1-39. Correction or removal of unfit buildings.[151]

If, after a hearing by the housing board of adjustments
and appeals, and after notice as provided herein to the

owner and occupant of the dwelling, building or dwelling unit
such dwelling, building or dwelling unit is in such an unsafe,
dangerous and unsanitary condition as to constitute a menace
to the health and safety of the occupants thereof or to
the public, or to endanger the property adjacent thereto, the
housing board of adjustments and appeals may request the
city manager or the city attorney to institute the necessary
court proceeding in the name of the city to have such dwelling,
building or dwelling unit declared unfit for human habitation
and a menace to health and safety, and to obtain a
suitable order from the corporation court against the owner
or occupant, or both, as appears proper, requiring such dwelling,
building or dwelling unit to be removed or made safe
and sanitary within a specified time. If such dwelling, building
or dwelling unit shall not be removed or made safe and
sanitary within the time specified in the order, the city manager
shall cause the building or structure to be removed at
the expense of the owner, and to that end the city may obtain
a judgment lien upon the land of the owner to the extent of
the cost of such removal. However, the city may sell material
of any such demolished dwelling, building or dwelling unit
and credit the proceeds of such sale against the cost of removal
or demolition, and the balance remaining shall be disbursed
as directed by the corporation court. (10-5-64.)

Sec. 15.1-40. Period during which dwellings shall not be placarded
or remain vacant.

Until the city redevelopment and housing authority notifies
the city council in writing that an adequate number of
low rent housing units are available, or until June 30, 1968,
whichever event or time shall first occur, only those dwellings
or dwelling units which in the opinion of the building official
are structurally unsafe for habitation or dwellings and dwelling
units which, under the city Building Code, can be repaired
so as to comply with this chapter and whose owners refuse to
make the necessary repairs when notified by the enforcing
officer, shall be placarded under section 15.1-35 or required to
remain vacant as set forth in section 15.1-36; provided, that if
a dwelling or dwelling unit which cannot be repaired under
the city Building Code so as to comply with this chapter
becomes vacant it shall remain vacant and be placarded as
provided by sections 15.1-35 and 15.1-36. (7-6-65.)

CHAPTER 16.

Libraries.[152]

§ 16-1. Composition of library board; election and terms of members;
vacancies.

§ 16-2. Officers of library board.

§ 16-3. Conduct and maintenance of library; authority of board to
appoint committees.

§ 16-4. Appointment of librarian, etc.; fixing compensation of appointees.

§ 16-5. Reports by board and librarian.

§ 16-6. Audit of accounts and inventory of property.

§ 16-7. Responsibility for expenditures; incurring obligations.

§ 16-8. Duties and responsibilities of librarian.

§ 16-9. Destroying or injuring books, etc.

§ 16-10. Failure to return books, etc., after notice; lost or destroyed
books.

Sec. 16-1. Composition of library board; election and terms
of members; vacancies.

There shall be a library board of Charlottesville, consisting
of four members to be elected by the city council and
four members to be elected by the board of supervisors of
Albemarle County. The present members of the board elected
by the city council shall continue to hold office for their respective
unexpired terms, and upon the expiration of the
term of any member elected by the city council, a successor
shall be elected by the city council for a term of four years.
When a vacancy occurs in the office of any member elected
by the city council, it shall be filled by the city council for the
unexpired term. In no event, however, shall a member elected
by the city council be eligible to serve more than two successive
full four-year terms.

The terms, the number of terms and the manner of filling
vacancies of county members shall be fixed by the board of
supervisors of Albemarle County. In the event of the termination
of the present arrangement between the library board
and the board of supervisors of Albemarle County, for extended
services to the county, or the termination of any renewal
of such present arrangement without further renewal,

the powers and duties of the members of the board elected
by the board of supervisors of Albemarle County shall cease
and the board shall consist only of the members elected by
the city council. (Code 1959, § 16-1; 2-4-63; 9-14-64.)

Sec. 16-2. Officers of library board.

There shall be a chairman, a vice-chairman and a secretary
of the library board and any other officer deemed necessary.
(Code 1959, § 16-2.)

Sec. 16-3. Conduct and maintenance of library; authority of
board to appoint committees.

The library board shall have power to conduct and maintain
the public library and shall have authority to appoint

committees. In selecting the members of any committee, it
need not be restricted to its own membership, but may
appoint any citizen of the city. (Code 1959, § 16-3.)

Sec. 16-4. Appointment of librarian, etc.; fixing compensation
of appointees.

The library board shall appoint a librarian and assistant
librarian and such aids as may be essential to an efficient administration
of the affairs of the library and shall fix the
compensation for each appointee, subject to the approval of
the city council. (Code 1959, § 16-4.)

Sec. 16-5. Reports by board and librarian.

The librarian shall cause to be made on or before the tenth
day of each month to the city manager, a written report of
the activities of the library for the preceding month on forms
prescribed by the city manager. The library board and the
librarian shall also furnish from time to time such additional
reports and information as may be required by the council
or the city manager. (Code 1959, § 16-5.)

Sec. 16-6. Audit of accounts and inventory of property.

The director of finance shall, annually, or as often as he
may deem necessary, audit the accounts and inventory the
property of the city library and shall require the person receiving
and expending library funds to keep accounts of all
receipts and purchases in such manner as the director of
finance may prescribe. A report of such annual audit and
inventory shall be made to the council not later than the
tenth day of September in each year. (Code 1959, § 16-6.)

Sec. 16-7. Responsibility for expenditures; incurring obligations.

The library board and librarian shall be responsible and
accountable to the city for the proper expenditure and account
of all funds appropriated by the city or otherwise received
for the library. No obligation shall be incurred by
them beyond the amount appropriated by the council. (Code
1959, § 16-7.)

Sec. 16-8. Duties and responsibilities of librarian.

The librarian shall be responsible for the proper care of
the library building and its contents. He shall perform such
other duties as may be prescribed by the library board. (Code
1959, § 16-8.)

Sec. 16-9. Destroying or injuring books, etc.[153]

No person shall wilfully, maliciously or wantonly write
upon, injure, deface, tear, cut or destroy any book, plate,
picture, engraving, map, newspaper, magazine, pamphlet,
manuscript or other property belonging to the city public
library, or wilfully and without authority remove any book
or other property from the city public library. (Code 1959,
§ 16-9.)

Sec. 16-10. Failure to return books, etc., after notice; lost or
destroyed books.[154]

It shall be unlawful for any person to have in his possession
any book or other property of the city public library
which he shall fail to return within one week after receiving
notice in writing from the librarian; provided, that if such
book shall be lost or destroyed, such person may, within two
weeks after being notified to return such book, pay to the
city librarian the value of the book, the value to be determined
by the library board. (Code 1959, § 16-10.)

CHAPTER 16A.

Licenses.[155]

Article I. In General.

§ 16A-1. Definition and construction of chapter generally.

§ 16A-2. "Gross receipts" defined; calculation of gross receipts.

§ 16A-2.1. Wholesale and retail merchants defined.

§ 16A-3. License tax assessed; license year.

§ 16A-4. Separate license required for each place of business.

§ 16A-5. Licenses for businesses, professions, etc., not listed in chapter.

§ 16A-6. Exemptions from chapter.

§ 16A-7. Penalties for failure to obtain license.

§ 16A-8. Assessment of tax upon failure to do so in previous years.

§ 16A-9. Records generally.

§ 16A-10. Evidence of conducting business.

§ 16A-11. Estimates of gross receipts of new businesses.

§ 16A-12. Report of delinquents; duty of police force generally.

§ 16A-13. Classifying of businesses, etc.; books to be kept by commissioner
of the revenue.

§ 16A-14. Specific license to be in addition to merchant's license.

§ 16A-15. Proration of license.

§ 16A-16. Transferability.

§ 16A-17. Issuance fee.

§ 16A-18. When taxes due and payable.

§ 16A-19. Application for license.

§ 16A-20. License inspector.

§ 16A-21. Compliance with zoning regulations.

§ 16A-22. Penalty for violation of chapter; repeal of conflicting provisions.

Article II. Specific Businesses, Professions and Occupations.

§ 16A-23. Advertising distributors.

§ 16A-24. Agents—Generally.

§ 16A-25. Same—Books.

§ 16A-26. Same—Books of coupons.

§ 16A-27. Same—Labor.

§ 16A-28. Same—Nonresident fertilizer companies.

§ 16A-29. Alcoholic beverages including mixed alcoholic beverages.

§ 16A-30. Amusements.

§ 16A-31. Auctioneers.

§ 16A-32. Automobile washing and polishing.

§ 16A-33. Bakers.

§ 16A-34. Barbers, beauty shops, etc.

§ 16A-35. Billboards and wall signs.

§ 16A-36. Billiards or pool parlors.

§ 16A-36.1. Book publishers; book binders.

§ 16A-37. Bootblacks.

§ 16A-38. Bottling works.

§ 16A-39. Brokers in stocks, bonds, bills and options or futures.

§ 16A-40. Building and loan association.

§ 16A-41. Buyers of gold and silver.

§ 16A-42. Carnival.

§ 16A-43. City directory or telephone directory.

§ 16A-44. Cleaning and pressing.

§ 16A-45. Cold storage plant—Generally.

§ 16A-46. Same—Rental of lockers.

§ 16A-47. Community television antenna system.

§ 16A-48. Contractors and contracting.

§ 16A-49. Dance halls.

§ 16A-50. Dealers in firearms, dirks and Bowie knives.

§ 16A-51. Dental laboratory.

§ 16A-52. Detective; detective agency.

§ 16A-53. Electricity.

§ 16A-54. Exterminators.

§ 16A-55. Florists.

§ 16A-56. Flour and meal manufacturer.

§ 16A-57. Fortunetellers.

§ 16A-58. Furniture upholsterer or repairer.

§ 16A-59. Garage storage.

§ 16A-60. Gasoline and other petroleum products brought from outside
city for resale.

§ 16A-61. Hobby horses, merry-go-rounds, ferris wheels, etc.

§ 16A-62. Hotels and motels.

§ 16A-63. Ice cream or sherbet manufacturer for retail sale.

§ 16A-63.1. Investment managers or counselors.

§ 16A-64. Itinerant and distressed merchandise vendors.

§ 16A-65. Itinerant musicians.

§ 16A-66. Junk dealers.

§ 16A-67. Laboratory animal preparation.

§ 16A-68. Launderettes.

§ 16A-69. Laundries—Generally.

§ 16A-70. Same—Nonresidents.

§ 16A-71. Same—Supplying automobile covers, cleaning cloths, uniforms
and wearing apparel and diapers.

§ 16A-72. Laundry machines.

§ 16A-73. Livestock brokers.

§ 16A-74. Loans.

§ 16A-75. Machine shops.

§ 16A-76. Manufacturers; processors.

§ 16A-77. Merchants—Retail.

§ 16A-78. Same—Placing vending machines.

§ 16A-79. Same—Wholesale.

§ 16A-80. Miscellaneous businesses.

§ 16A-81. Motor freight terminals.

§ 16A-82. Outside agents.

§ 16A-83. Pawnbrokers.

§ 16A-84. Peddlers—Generally.

§ 16A-85. Same—Producers' certificate.

§ 16A-85.1. Same—Peddling to dealers or retailers.

§ 16A-85.2. Personal and commercial service businesses.

§ 16A-86. Photographers.

§ 16A-87. Plumbers.

§ 16A-88. Potato chip manufacturers.

§ 16A-89. Printers.

§ 16A-90. Professional occupations.

§ 16A-91. Redemption stores of premium stamp suppliers.

§ 16A-92. Repairs.

§ 16A-93. Restaurants.

§ 16A-94. Schools.

§ 16A-95. Shoemakers and repairs.

§ 16A-96. Shooting galleries.

§ 16A-97. Shows, circuses, etc.

§ 16A-98. Skating rinks.

§ 16A-99. Storing and impounding.

§ 16A-100. Street vendors or merchants.

§ 16A-101. Tailors and cutters.

§ 16A-102. Taxicabs and u-drive-it vehicles.

§ 16A-103. Telegraph companies.

§ 16A-104. Repealed.

§ 16A-105. Telephone companies.

§ 16A-106. Theatricals.

§ 16A-107. Tobacco, snuff, etc., retailers.

§ 16A-108. Tourist homes.

§ 16A-109. Trailer camps.

§ 16A-110. Undertakers, embalmers and funeral directors.

§ 16A-111. Vehicles using loudspeakers, etc., for advertising.

§ 16A-112. Vending machines.

Article I. In General.

Sec. 16A-1. Definition and construction of chapter generally.

A like license shall be required of any firm, joint stock company
or corporation as provided for in this chapter for a
person or firm.

The construction and definition of the subjects as taxed
under this chapter shall be the same as is provided for under
the tax laws of the state unless otherwise provided. (4-7-69,
§ 90.)

Sec. 16A-2. "Gross receipts" defined; calculation of gross
receipts.

The term "gross receipts," as used in this chapter, shall
mean the gross receipts from any business, profession, trade,
occupation, vocation, calling or activity, including cash, credits,
fees, commissions, brokerage charges and rentals, and
property of any kind, nature or description, from either sales
made or services rendered without any deduction therefrom
on account of cost of the property sold, the cost of materials,
labor or service or other costs, interest or discounts paid, or
any expense whatsoever, and shall include in case of merchants
the amount of the sale price of supplies and goods
furnished to or used by the licensee or his family or other
person for which no charge is made; provided, that the term
"gross receipts" with respect to manufacturers and wholesale
merchants manufacturing or dealing in articles upon which
there is levied a direct excise tax by the United States shall
not include such excise tax payments to the United States
Government.

The term "gross receipts" when used in connection with,
or in respect to, financial transactions involving the sale of
notes, stocks, bonds or other securities, or the loan, collection
or advance of money, or the discounting of notes, bills or
other evidences of debt, shall be deemed to mean the gross
interest, gross discount, gross commission or other gross receipts
earned by means of, or resulting from such financial

transactions, but the term "gross receipts" shall not include
amounts received as payment of debts.

The term "gross receipts" shall include the gross receipts
from all sales made from a place of business within the city,
both to persons within the city and to persons outside the city.

The calculation of gross receipts for license tax purposes
shall be on either a cash or accrual basis; provided, that the
basis used must coincide with the system of accounts used by
the taxpayer and the method employed by the taxpayer for
Federal and State Income Tax purposes. (4-7-69, § 90.)

Sec. 16A-2.1. Wholesale and retail merchants defined.

For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:

Wholesale merchant. Every merchant who sells to other
persons for resale only, or who sells at wholesale to institutional,
commercial or industrial users.

Retail merchant. Every merchant who sells at retail only
and not for resale. (9-20-71.)

Sec. 16A-3. License tax assessed; license year.

There shall be an annual license tax assessed and paid by
all persons, firms, or corporations engaged in the different occupations,
professions, or businesses named in this chapter for
the year beginning the first day of May, 1969 and ending the
thirtieth day of April, 1970 and also each and every year
thereafter beginning with May 1st of each such year and ending
the following year on April 30th.

Sec. 16A-4. Separate license required for each place of business.

Any person doing business at more than one place, stall
or stand shall be required to take out a separate license for
each of such place, stall or stand; and each such place, stall
or stand shall constitute a separate and distinct place of business,
and shall pay a license tax provided for under this chapter.
(4-7-69, § 90.)

Sec. 16A-5. Licenses for businesses, professions, etc., not
listed in chapter.

On every business, profession or occupation for which a
license tax shall not have been provided for in this chapter,
the tax shall be the same as that required by the state tax
laws. (4-7-69, § 90.)

Sec. 16A-6. Exemptions from chapter.

No tax or license shall be required of any business, trade or
occupation which is exempted from taxation by the provisions of
section 58-12 of the Code of Virginia, as amended. (4-7-69, § 90; 3-171.)

Sec. 16A-7. Penalties for failure to obtain license.

Any person, firm or corporation, conducting a business, occupation
or profession or operating any machine or device
or doing anything for the conduct of which a license tax is
required under this chapter, without first obtaining such license,
shall be subject to a penalty of five per centum of the
amount of the license tax then due, but such penalty shall in
no case be less than two dollars and such penalty shall be assessed

and paid along with the license tax and shall become a
part of the license tax and there shall be collected interest at
six per centum per annum on the tax and penalty from date
on which the tax becomes delinquent, and such person, firm or
corporation shall be guilty of a misdemeanor, and shall be
fined not less than five dollars nor more than one hundred
dollars for each day he is in default. (4-7-69, § 90.)

Sec. 16A-8. Assessment of tax upon failure to do so in previous
years.

If the commissioner of revenue ascertains that any person
has not been assessed with a license tax which should have
been levied under the provisions of the license tax ordinance
for any license year of the three license tax years, last preceding,
or for the then current license tax year, it shall be the
duty of the commissioner of revenue to assess the person with
the proper license tax for the year or years omitted, adding
thereto the penalty set forth in section 16A-7. (4-7-69, § 90.)

Sec. 16A-9. Records generally.

Every person liable for a license tax under this chapter
which is based on actual or probable purchases or sales, actual
or probable commissions, gross receipts from a business or
profession, contracts or orders accepted or graded in any other
way, shall where such tax is based on actual or probable purchases,
or sales, keep all invoices and a record of all purchases
and from whom made, a record of all sales and where otherwise
based, keep a record of all commissions, gross receipts
and contracts or orders accepted, from whom received and
with whom made, and the report of such purchases, sales,
commissions, receipts, contracts or orders accepted, required to
be made for the computation of the license tax, shall be taken
from such invoices and records, and general books of account.

All such invoices and records and general books of account
shall be open to inspection and examination by the director of

finance, commissioner of the revenue, license inspector or any
other officer of the city charged in any manner with the duty
of assessing or collecting license taxes.

Any person who shall fail or refuse to keep such invoices
and records as above provided, shall be assessed with and pay
a penalty, of twenty-five dollars in addition to the license tax
imposed. (4-7-69, § 90.)

Sec. 16A-10. Evidence of conducting business.

When any person, firm or corporation, shall by use of signs,
circulars, cards or use of city newspapers, or local radio stations,
advertise any business, it shall be considered prima facie
evidence of their liability under this chapter, and they shall
be required to take out a license for such business. (4-7-69, §
90.)

Sec. 16A-11. Estimates of gross receipts of new businesses.

For the purpose of ascertaining the tax to be paid by every
person, firm or corporation beginning business whose license
tax is based on sales, purchases, gross receipts or commissions,
the license shall be based on the estimated amount of sales,
purchases, gross receipts or commissions which will be made
during the balance of the license year. In the case of any
merchant operating a seasonal or temporary business the estimated
license tax paid shall not be less than one hundred and
fifty dollars. Every underestimate or overestimate under this
paragraph shall be subject to correction by the commissioner
of revenue whose duty it shall be to review all estimated licenses
and assess any additional licenses as may be found to
be due after the close of the license year on the basis of true
sales, purchases, gross receipts or commissions, and any taxpayer
who has overestimated shall be entitled to a refund of
the amount so overestimated. (4-7-69, § 90.)

Sec. 16A-12. Report of delinquents; duty of police force generally.

It shall be the duty of the commissioner of revenue to

report in writing to the city manager and chief of police
every case of default as soon as it comes to his knowledge.
The chief of police shall cause such delinquent, whether reported
by the commissioner of revenue or otherwise brought
to his attention, to be summoned before the municipal court
to show cause why they should not be fined under the provisions
of this chapter. It shall be the duty of the police force
in general to assist in the enforcement of this chapter. (4-769,
§ 90.)

Sec. 16A-13. Classifying of businesses, etc.; books to be kept
by commissioner of the revenue.

It shall be the duty of the commissioner of the revenue to
keep a book, in which he shall classify all the branches of business
and occupation upon which a license is imposed by this
chapter, and show the amount of assessment made upon each
license, the name of the person assessed and the period for
which such license was issued. (4-7-69, § 90.)

Sec. 16A-14. Specific license to be in addition to merchant's
license.

Whenever a specific license is herein imposed such license
shall be in addition to the merchant's license unless otherwise
provided. (4-7-69, § 90.)

Sec. 16A-15. Proration of license.

Every license granted shall not be prorated for the unexpired
portion of the license year; provided, that in the case of
any business forced to cease its activity by reason of government
acquisition of its property, the licensee shall be entitled
to a refund for the number of months remaining in the license
year after termination of operation. (4-7-69, § 90; 7-3-72.)

Sec. 16A-16. Transferability.

No city license shall be transferred from any person, firm

or corporation to another person, firm or corporation, except
for the continuation of the same business at the same location
for which the license was originally issued. The fee for such
transfer shall be fifty cents. (4-7-69, § 90.)

Sec. 16A-17. Issuance fee.

The commissioner of the revenue shall assess for each license
issued by him a fee of fifty cents, to be paid by the
party to whom the license is issued, which fees shall be paid
to the city treasurer. (4-7-69, § 90.)

Sec. 16A-18. When taxes due and payable.

The taxes on licenses accruing under the provisions of this
chapter shall be due and payable, except where otherwise herein
provided, on or before the first day of June of each year, and shall
be paid by the person against whom assessed, to the treasurer of
the city in his office on or before the first day of June. (4-7-69, §
90.)

Sec. 16A-19. Application for license.

Every person liable to a license tax under this chapter shall
make application in writing therefor and each such license is
based upon the amount of his actual or probable purchases, or
sales, or of his actual or probable commissions, or of the gross
receipts from his business or profession, or graded in any other
way, shall before he shall be granted such license, be required to
make oath in writing before some notary public, not himself a
state or city officer, or directly or indirectly employed by such
officer, or before the commissioner of revenue, in such application
stating, respectively, the amount of his actual or probable
purchases, or sales, or of his actual or probable commissions, or of
the gross receipts from his business or profession, or any other
matter that may be pertinent to the assessment of the tax on such
license; provided, that in the case of an incorporated company,
such oaths shall be made by the chief officers or agent resident in
the city, or in charge of the business of the company, and in the
case of a firm, by any member thereof. The form shall provide
that the application and oath shall be separately made and signed.
(4-7-69, § 90.)

Sec. 16A-20. License inspector.

The city manager may appoint for such period as he may deem
advisable, at such compensation as the council may approve, a
license inspector whose duty it shall be to investigate and
ascertain whether each person, firm or corporation, engaged in
any business or profession for which a license is required under
this chapter or any other ordinance of the city has secured a
proper license. And in any case in which the amount of tax for

such license is based on sales or purchases or the amount of
business done, the license inspector shall have the power to
summon the person, firm or corporation engaged in such business
or profession before him for examination under oath, and require
the production of any books, accounts, or records of such person,
firm or corporation for inspection by the license inspector.

The license inspector is further authorized and empowered to
make such other and further investigations, examinations and
audits of the records, books and accounts of such person, firm or
corporation as he shall deem proper in order to determine
accurately the amount of license taxes properly payable.

If it shall appear that purchases, sales or amount of business or
any other matter pertinent to the assessment of license taxes
have been incorrectly reported or returned, the inspector shall
report his findings to the commissioner of the revenue, who shall,
if he be satisfied that an incorrect report or return has been made,
assess a proper license tax in accordance with the findings of the
inspector.

Any person, firm or corporation who shall fail to appear before
the inspector to produce such records, books and papers, when
duly summoned or shall refuse to permit the inspector to make
such other and further investigation and audit of the books and
papers as aforesaid, shall upon conviction thereof be fined not less
than ten dollars nor more than two hundred dollars.

In performance of the duties hereby imposed, the license
inspector shall be subject to the supervision and direction of the
commissioner of the revenue. (4-7-69, § 90; 6-4-73.)

Sec. 16A-21. Compliance with zoning regulations.

The commissioner of revenue shall not knowingly issue a
license for conducting any business, profession, trade or
occupation at a location where the conduct of such business,
profession, trade or occupation is prohibited by the zoning laws of
the city. (4-7-69, § 90.)

Sec. 16A-22. Penalty for violation of chapter; repeal of
conflicting provisions.

If any person subject to the payment of a license tax required
under this chapter, shall fail or refuse to file the statement or
statements required by this chapter, or who shall make any false
statement in the affidavit required by this

chapter, shall upon conviction thereof be fined not less than
twenty-five dollars nor more than five hundred dollars or confined
in jail for not more than six months, or both, in the discretion
of the court or jury.

All ordinances or parts of ordinances relating to licenses
in conflict with this chapter are hereby repealed. (4-7-69, §
90.)

Article II. Specific Businesses, Professions and
Occupations.

Sec. 16A-23. Advertising distributors.

Every person engaged in distributing advertisements for
other parties than citizens of the city shall be known as advertising
distributors, and shall pay an annual license tax of
twenty dollars. By advertising distributors, it is intended to
designate any person who distributes in the city, almanacs,
pamphlets or samples of medicine or other merchandise on the
streets or from house to house in the city. (4-7-69, § 1.)

Sec. 16A-24. Agents—Generally.

On all agents not otherwise provided for, the license tax
shall be fifteen dollars. (4-7-69, § 5.)

Sec. 16A-25. Same—Books.

On every agent for sale of books, maps, pictures, periodicals,
printed pamphlets or canvassers for the same, other than
religious work, the annual license fee shall be fifteen dollars.
This license is not transferable. (4-7-69, § 3.)

Sec. 16A-26. Same—Books of coupons.

On every person or firm and on every agent of any person
or firm selling coupon books to any other person or firm in
this city which advertises for others and which entitles the
possessor of such book or coupons to receive services or merchandise
from the advertiser at no charge or at a reduced
rate or charge, there shall be imposed a license tax of two
hundred and fifty dollars. This license is not transferable. (4-7-69,
§ 4.)

Sec. 16A-27. Same—Labor.

On every labor agent engaged in hiring labor (all business
to be transacted in his office, except by written or telephonic
communication) the license tax shall be twenty-five
dollars and when the gross receipts, fees or commissions exceed
two thousand five hundred dollars, the license tax shall
be seventy-five cents on each one hundred dollars in addition
thereto.

If the business is transacted at any other place in the city
outside of such office, the license tax shall be five hundred dollars.
(4-7-69, § 6.)

Sec. 16A-28. Same—Nonresident fertilizer companies.

Every person acting as agent for the sale in this city of
fertilizers manufactured by nonresident fertilizer companies,
whether selling on commission or for other consideration,
shall pay a specific license tax of twenty-five dollars per annum
for each company represented. (4-7-69, § 7.)

Sec. 16A-29. Alcoholic beverages including mixed alcoholic
beverages.

(a) On every person producing or handling for sale any
beverage, as defined and permitted by an Act of Assembly of
Virginia, approved March 7, 1934, and amendments thereto
entitled "Alcoholic Beverage Control Act," the annual license
tax shall be as follows:

                           

For each distiller's license, for the manufacture of more than 5000 gallons	$500.00
For each winery license	500.00
For each brewery license	500.00
For each bottlers license	50.00
For each wholesale beer license	250.00
For each wholesale wine distributor's license	50.00
For each retail beer on premises license	100.00
For each retail beer off premises license	30.00
For each retail beer on-and-off premises license	130.00
For each retail wine off premises license	40.00
For each retail wine and beer on-premises license	150.00
For each retail wine and beer off-premises license	70.00
For each retail wine and beer on-and-off premises license	220.00
For each retail druggist's license	$ 10.00

The above licenses shall not be in lieu of merchants licenses
or restaurant licenses herein provided for and in calculating
merchants and restaurant licenses, sales of alcoholic beverages
bought or sold, as the case may be, shall be included in determining
the amount of such merchants and restaurant licenses;
provided, that in the case of a beer wholesaler or wine distributor
in determining the wholesale merchant's license
tax there shall be disregarded purchases of wine or beer, as
the case may be, to an amount which would be necessary to
produce a wholesale merchants license tax equal to the wholesale
beer license or wholesale wine distributor's license, as the
case may be, herein above provided. These licenses are not
transferable.

(b) It shall be unlawful for any person holding a state license
for sale of mixed alcoholic beverages to make any sales
of such beverages at premises within the city without first
obtaining a city license from the commissioner of revenue.
Every holder of such state license shall be entitled to such
city license upon payment of the appropriate tax set out hereinbelow:

(1) For every public restaurant, including restaurants
located on premises of and operated by hotels or motels, with
a seating capacity at tables of fifty to one hundred persons,
inclusive, two hundred dollars per annum.

(2) For every such public restaurant with a seating capacity
at tables for more than one hundred persons, but not
more than one hundred fifty persons, three hundred fifty dollars
per annum.

(3) For every such public restaurant with a seating capacity
at tables for more than one hundred fifty persons, five
hundred dollars per annum.

(4) For every restaurant operated by and located on the
premises of a private nonprofit club, three hundred fifty dollars
per annum.

Each sale in violation of this section, shall constitute a
separate offense. (4-7-69, § 8.)

Sec. 16A-30. Amusements.

Each person, firm or corporation engaged in the operation
of any of the following places of amusement shall pay a license
tax of twenty-five dollars and where the gross receipts,

exclusive of excise and admission taxes, exceed two thousand
dollars the tax shall be forty cents on each one hundred dollars
in addition thereto:

• Bowling alleys or bowling salon.

• Golf driving range.

• Miniature automobile track (go carts).

• Miniature golf course.

• Moving picture theater including drive-in theaters.

• Rebound tumbling center. (4-7-69, § 9.)

Sec. 16A-31. Auctioneers.

On every general auctioneer the annual license tax shall be
sixty dollars, whether he receives any compensation for his
services or not. Under this license a person may sell any
goods, wares, merchandise or other things, including real estate,
for the sale of which by an auctioneer, no further license
is elsewhere required. This license is not transferable.

This section shall not apply to commissioners and receivers
appointed by the courts, or to administrators, executors,
guardians, trustees and other fiduciaries while acting in a
fiduciary capacity. (4-7-69, § 10.)

Sec. 16A-32. Automobile washing and polishing.

Every person, firm or corporation engaged in the business
of washing, polishing, cleaning, oiling or greasing automobiles,
busses, trucks, trailers or auto wagons, when such business
is not conducted in connection with another licensed business
shall be deemed a retail merchant and pay the same license
tax provided in section 16A-76. (4-7-69, § 11.)

Sec. 16A-33. Bakers.

Every person, firm or corporation who shall conduct a bakery
or manufactures confectionery, selling the majority of the
products thereof at retail and persons who bake at home and
sell their products for resale shall pay a license tax of
twenty-five dollars and where the amount of gross receipts exceed
two thousand dollars the tax shall be twenty-two cents on
each one hundred dollars in addition thereto. (4-7-69, § 12.)

Sec. 16A-34. Barbers, beauty shops, etc.

Every person, firm or corporation operating as a barbershop,
beauty shop, manicurist, masseur, Turkish, Roman or other like
bath or parlor or health studio including bath services, physical
culture or reducing salon in this city shall pay a license tax of
twenty-five dollars, and where the gross receipts exceed two
thousand dollars the tax shall be twenty-five cents on each one
hundred dollars in addition thereto. (4-7-69, § 13.)

Sec. 16A-35. Billboards and wall signs.

(a) Every person, firm or corporation engaged in the business of
billboard painting or wall signs or the rental of space for such
business shall pay for the privilege forty dollars and in addition
two dollars for each such billboard or wall sign in excess of
twenty.

(b) Every person, firm or corporation, excluding firms or
corporations holding a franchise from the city, engaged in the
business of selling advertising space inside their buildings shall
pay for the privilege an annual license tax of twenty-five dollars
and where the gross receipts exceed two thousand dollars the tax
shall be twenty-five cents on each one hundred dollars in addition
thereto. (4-7-69, § 14.)

Sec. 16A-36. Billiards or pool parlors.

On each license to operate billiard or pool parlors the tax shall
be twenty dollars for each table used in the business. License may
be issued quarterly. (4-7-69, § 15.)

Sec. 16A-36.1. Book publishers; book binders.

On every person engaged in the business of operating the
business of a book publisher, a book binder or some similar and
related business, the tax shall be one hundred dollars and, in
addition thereto, where the gross receipts exceed fifty thousand
dollars, the tax shall be sixteen cents for each one hundred
dollars of gross receipts in excess of fifty thousand dollars but not
in excess of one hundred thousand dollars, and five cents for each
one hundred dollars of gross receipts in excess of one hundred
thousand dollars.

This section shall become effective on November 1, 1970.
Payment for the license tax year which began May 1, 1970, may

be prorated accordingly at fifty percent. In subsequent years,
payment shall not be prorated unless the same is also allowed
under other sections of the license tax ordinance. If a person or
firm has already obtained a city license for the year beginning
May 1, 1970, for the business taxed herein, another license will
not be required until May 1, 1971. (7-6-70.)

Sec. 16A-37. Bootblacks.

For each chair or stand accommodating not more than one
person the bootblack license shall be two dollars and when a
bench is used the license shall be two dollars for each pair of
footrests, for one year or any part of a year. (4-7-69, § 16.)

Sec. 16A-38. Bottling works.

On each and every person, firm or corporation, doing a bottling
business in the city of soda water, pop, gingerale, sarsaparilla,
aerated water, fruit or vegetable juices whether made with plain
water or with aerated or carbonated water, when the output of
the plant is one hundred cases or less per day the license tax shall
be seventy-five dollars, and when the output of the plant is in
excess of one hundred cases per day, in addition to such sum of
seventy-five dollars, thirty-five dollars for each additional one
hundred cases of output or fraction thereof. The output of such
plant shall be considered the average daily output of the plant,
counting working days only, for the preceding calendar year. In
the case of new plants the output shall be estimated and any
underestimate shall be subject to correction at the end of the year.
(4-7-69, § 17.)

Sec. 16A-39. Brokers in stocks, bonds, bills and options or
futures.

Every person, firm or corporation conducting the business of
stock, bond, note or bill broker or engaged in the business of
receiving orders to buy or sell shares of managed funds, investment
securities, cotton, grain provisions or other commodities
shall be deemed to be a broker covered by this section
and shall pay a license tax of twenty-five dollars, and if the
gross amount of gross fees and commissions exceeds two
thousand dollars, the tax shall be fifty cents on each one hundred
dollars in addition thereto.

This section shall become effective on November 1, 1970.
Payment for the license tax year which began May 1, 1970, may
be prorated accordingly at fifty percent. In subsequent years,
payment shall not be prorated unless the same is also allowed
under other sections of the license tax ordinance. If a person or
firm has already obtained a city license for the year beginning
May 1, 1970, for the business taxed herein, another license will
not be required until May 1, 1971. (4-7-69, § 18; 7-6-70.)

Sec. 16A-40. Building and loan association.

Specific license tax upon purely mutual companies lending only
to stockholders, and confining its business solely to the city and
county in which organized and counties and cities immediately
contiguous thereto, shall be fifty dollars.

Specific license tax upon paid-up stock, or partially paid-up
stock, to value of twenty-five thousand dollars or less, shall be
seventy-five dollars; and a further sum of two dollars upon each
additional one thousand dollars or fractional part thereof, so paid
up.

The commissioner shall require statement under oath of capital
paid in. (4-7-69, § 19.)

Sec. 16A-41. Buyers of gold and silver.

Every buyer of gold and silver shall pay for the privilege of
doing business in the city a license tax of fifty dollars; provided,
that this license tax shall not apply to licensed jewelry merchants
purchasing old gold and silver at their place of business. (4-7-69, §
20.)

Sec. 16A-42. Carnival.

On every carnival the license tax shall be five hundred and fifty
dollars per day. A carnival shall mean an aggregation of shows,
amusements, concessions, eating places and riding devices, or
any of them operating together on one lot or street, or on
contiguous lots or streets, moving from place to place, whether
the same are owned and actually operated by separate persons,
firms, corporations or not. (4-7-69, § 21.)

Sec. 16A-43. City directory or telephone directory.

Any person, firm or corporation who shall engage in the

business of publishing or distributing city directories or
telephone directories having an office or representative, or
making contract for work or soliciting for work in the city shall
pay a license tax of fifty dollars. (4-7-69, § 22.)

Sec. 16A-44. Cleaning and pressing.

Each person, firm or corporation conducting a cleaning and
pressing establishment shall pay a license tax of twenty-five
dollars and where the gross receipts exceed two thousand dollars
the tax shall be twenty-five cents on each one hundred dollars in
addition thereto. (4-7-69, § 23.)

Sec. 16A-45. Cold storage plant—Generally.

Every person, firm or corporation engaged in the business of
operating a cold storage plant for some purpose other than
storage of his own goods shall pay a license tax of twenty-five
dollars and where the gross receipts exceed two thousand dollars
the tax shall be twenty-five cents on each one hundred dollars in
addition thereto. (4-7-69, § 24.)

Sec. 16A-46. Same—Rental of lockers.

Every person, firm or corporation engaged in the business of
rental of individual lockers for cold storage of goods shall pay a
license tax of twenty-five dollars and where the gross receipts
exceed two thousand dollars the tax shall be twenty-five cents on
each one hundred dollars in addition thereto.

The receipts for handling and preparing goods to be placed in
these lockers shall be included in the foregoing receipts, however,
this license shall not include the right to sell any products. If such
person buys and sells any products in connection with such
storage business, a separate merchant's license as hereinafter
provided shall be required. (4-7-69, § 25.)

Sec. 16A-47. Community television antenna system.

Every person, firm or corporation engaged in the business of
supplying and selling television coaxial cable service shall pay a
license tax of one-half of one percent of the gross receipts of such
person, based upon receipts from such business during the
preceding calendar year. In applying for such license a statement

of such receipts shall be submitted to the commissioner of
revenue. (4-7-69, § 83.)

Sec. 16A-48. Contractors and contracting.

(a) Every person, firm or corporation conducting or engaging
in any of the following contracting occupations, businesses,
or trades shall pay for the privilege an annual license tax of
twenty-five dollars and where the gross receipts exceed two
thousand dollars the tax shall be fifteen cents on each one
hundred dollars in addition thereto:

• Air conditioning.

• Brick contracting, stone and other masonry.

• Building.

• Cement.

• Dredging, sand and gravel.

• Electrical.

• Floor scraping or finishing.

• Foundations.

• Paint, paper decorating.

• Plastering.

• Plumbing, heating, steamfitting, gasfitting.

• Road, street, bridge, sidewalk, curb and gutter.

• Sewer drilling and well digging.

• Structural metal.

• Tile, glass, flooring, floor covering.

• Wrecking, moving, excavating.

• Other contractors and contracting.

(b) Every person engaged in the business of erecting a
building or buildings for the purpose of selling or renting the
same and making no contract with a duly licensed contractor
for the erection of the building, whether or not such person
contracts with one or more duly licensed contractors for one or
more portions, but does not contract with any one person for
all of the work of erecting any one of the buildings, shall be
deemed to be a speculative builder and for the privilege of
transacting business in this city, shall pay a license tax equal
to twenty-five dollars and where the entire cost of erecting the
buildings, exclusive of the value of the land, exceeds two thousand
dollars the tax shall be fifteen cents on each one hundred

dollars in addition thereto. No person that is duly licensed as
a contractor under subsection (a) of this section and that is
also engaged in the business of speculative building for which
a license tax would be otherwise prescribed by this subsection,
shall be liable for a separate license, assessable under this subsection,
but every such person shall include in the basis for the
tax to be computed under subsection (a) all of the costs of
erecting the speculative buildings exclusive of the value of the
land, which costs shall be considered as part of the orders or
contracts accepted by the taxpayer in computing the taxpayer's
contractor's license tax.

(c) A contractor whose principal office is outside the city
and who accepts a contract or contracts to be performed in
the city, the completion of which contracts would extend over
a period of more than one license year, shall be treated in the
same manner as a beginner, and shall be required to file an
estimate of the amount of gross receipts he will receive from
such contract or contracts during each year in which he is
doing business in the city, which estimates shall be subject to
correction and adjustment at the end of each year by the commissioner
of revenue in the same manner as adjustments are
made for beginners licenses under section 16A-11 of this Code.

(d) Every contractor who proposes to do work in the city,
for which a permit must be obtained from the proper building
official of the city, shall, upon making application for such
permit, furnish that official and to the commissioner of revenue,
a list of all his subcontractors, and in the event any or
all of such subcontracts have not been awarded at that time,
he shall furnish such list in writing to said officials immediately
upon the awarding of such subcontracts, and shall not
allow the work under any subcontract to proceed until the
subcontractor shall have obtained the necessary city licenses
for the then current year. (4-7-69, § 26; 7-6-70; 5-3-71.)

Sec. 16A-49. Dance halls.

On every license to a person or firm to conduct a dance hall
in which dancing is to be allowed, where an admission fee is
charged or a charge is made for participating in such dancing,
the tax shall be fifty dollars. This license is not transferable.
(4-7-69, § 27.)

Sec. 16A-50. Dealers in firearms, dirks and Bowie knives.

No person, firm or corporation shall sell firearms, dirks or
Bowie knives without having first procured a license therefor.

Every person, firm or corporation engaged in the business
of selling firearms, dirks or Bowie knives, or who shall hereafter
engage in such business, shall pay for the privilege of
transacting the business a specific license tax of five dollars,
and no such license shall be issued for any less period than one
year or shall there be any abatement in any instance of the tax
upon such license by reason of the fact that the person so
licensed shall have exercised such license calling for a period
of less than one year. Applicants for licenses to deal in firearms,
dirks and Bowie knives must have the annual written
consent of the city manager and chief of police. Dealers shall
report all sales to the chief of police monthly, giving names and
addresses of purchasers. (4-7-69, § 28.)

Sec. 16A-51. Dental laboratory.

On each person, firm or corporation engaged in operating a
dental laboratory the tax shall be twenty-five dollars, and
where the gross receipts exceed two thousand dollars the tax
shall be twenty cents on each one hundred dollars in addition
thereto. (4-7-69, § 29.)

Sec. 16A-52. Detective; detective agency.

Every person, firm or corporation engaged in the business of
being a detective, or of operating a detective agency or of
supplying watchmen shall pay a license tax of twenty-five dollars
plus ten dollars for each person employed as a detective or
watchman. (4-7-69, § 30.)

Sec. 16A-53. Electricity.

Every person, firm or corporation generating or selling or
offering for sale or delivering electricity for light or power or heat
or any other commercial uses shall pay a license tax of one-half of
one percent of the gross receipts of such person, firm or
corporation, based upon receipts from such business during the
preceding calendar year. In applying for such license, a
statement of such receipts shall be submitted to the commissioner
of revenue. (4-7-69, § 31.)

Sec. 16A-54. Exterminators.

Every person, firm or corporation engaged in the business of
exterminating insects or animal pests in this city shall pay a
license tax of twenty-five dollars and where the gross receipts
exceed two thousand dollars the tax shall be twenty-five cents on
each one hundred dollars in addition thereto. (4-7-69, § 32.)

Sec. 16A-55. Florists.

Every person or firm operating the business of a florist shall be
deemed a retail merchant and shall pay accordingly. (4-7-69, § 33;
7-6-70.)

Sec. 16A-56. Flour and meal manufacturer.

On every license to a manufacturer of flour or meal, the tax
shall be twenty-five dollars for each license. But when such
manufacturer deals in flour, meal or other grain products other
than his own manufacture, he shall be required to produce a
merchant's license graduated by the amount of such purchases.
(4-7-69, § 34.)

Sec. 16A-57. Fortunetellers.

Every person practicing the art of divination, fortunetelling,

palmistry, astrology or phrenology, who shall practice the same
in this city, shall pay a tax of seven thousand five hundred dollars
per year. This license is not prorated. (4-7-69, § 35.)

Sec. 16A-58. Furniture upholsterer or repairer.

On every person, firm or corporation engaged in the business of
upholstering or repairing furniture the license tax shall be
twenty-five dollars and where the gross receipts exceed two
thousand dollars the tax shall be thirty cents on each one hundred
dollars in addition thereto.

If the licensee operates as a retail merchant the gross receipts
under this section may be reported in the merchants license. (4-769,
§ 36.)

Sec. 16A-59. Garage storage.

Every person, firm or corporation who shall keep a garage for
storage of automobiles shall include the receipts for same and
report as a retail merchant.

Shops for repairing shall be required to pay a license tax as
provided in section 16A-91. (4-7-69, § 37.)

Sec. 16A-60. Gasoline and other petroleum products brought
from outside city for resale.

Any person, firm or corporation whose storage tanks are
located outside of the corporate limits of the city who transports
gasoline or other petroleum products of like nature on or through
the streets of this city for sale or delivery to wholesale or retail
merchants for resale in this city shall pay a license tax for the
privilege of doing such business in this city, the same to be
graduated by the amount of sales or delivered price made by him
or it of such commodities sold or delivered in this city during the
next preceding year, or, in the case of starting business during
the year, the estimated amount of sales which will be so made
during the balance of the license year, the amount to be paid to be
the same as that required of a retail merchant.

This section shall not apply to a person, firm, or corporation
who or which has paid or is assessable a business license under
some other section of this chapter. (4-7-69, § 38.)

Sec. 16A-61. Hobby horses, merry-go-rounds, ferris wheels,
etc.

On every license to keep a hobby horse, merry-go-round, ferris
wheel or other like amusement, except as herein provided, the tax
shall be fifty dollars per week, and no license shall be issued
under this section for a shorter period than one week. But if any
such amusement is conducted solely for amusement purposes
without charge, an annual tax of one hundred fifty dollars shall
be imposed in lieu of such weekly tax; provided, that such hobby
horse, merry-go-round, ferris wheel or like amusement shall not
be accompanied with music or other audible sound which can be
heard a greater distance than three hundred feet from the
location of such hobby horse, merry-go-round, ferris wheel or
other like amusement. (4-7-69, § 39.)

Sec. 16A-62. Hotels and motels.

Any person who keeps a public inn or motel, or lodging house of
more than ten bedrooms where transient guests are lodged for
pay, shall be deemed for the purpose of this section to be engaged
in the business of keeping a hotel. For the purpose of this section a
transient guest is one who puts up for less than one week at such
hotel, but such a house is no less a hotel because some of its guests
put up for longer periods than one week. For the privilege of
operating such business the license tax shall be twenty-five
dollars and where the gross receipts exceed two thousand dollars,
the tax shall be thirty cents on each one hundred dollars in
addition thereto.

The payment of the license tax provided by this section shall
not exempt the person paying such tax from the payment of a
restaurant or merchants license tax as provided in this chapter if
a restaurant, dining room or cigar stand is operated in connection
with the hotel. (4-7-69, § 40.)

Sec. 16A-63. Ice cream or sherbet manufacturer for retail sale.

Every person, firm or corporation engaging in the manufacture
of ice cream or sherbet for resale in his own establishment shall
include the gross receipts for the same in his retail merchant's
license. (4-7-69, § 41.)

Sec. 16A-63.1. Investment managers or counselors.

Every person, firm or corporation conducting the business of

investment advice or counselling or otherwise engaging in the
business of management of investment assets shall be deemed to
be an investment manager and shall pay a license tax of twenty-five
dollars, and if the gross amount of gross fees, commissions or
other compensation received for such management business
during the preceding calendar year, derived from sources in or
outside of Virginia, wherever located, exceeded two thousand
dollars, the tax shall be fifty cents on each one hundred dollars of
gross fees in excess of two thousand dollars. If the investment
management activities generating fees which are hereby taxed by
the city are also subjected to valid taxes imposed by other cities,
towns or counties, the latter taxes may be credited and offset
against the total amount owed the city; provided, that such credit
does not reduce the total tax paid to the city below a one thousand
dollar minimum.

When the license tax imposed by this section is paid by an
investment manager, no license tax shall be levied on any
regulated investment company which is rendered investment
advice and similar services by the investment manager, where
such regulated investment company is registered under the
Investment Company Act of 1940, as amended. (7-6-70.)

Sec. 16A-64. Itinerant and distressed merchandise vendors.

All persons bringing to and exhibiting for sale to consumers at
retail in the city in trucks, in temporary places or fixed places of
sale, goods or merchandise of any character as bankrupt,
consignee, trustee, railroad wreck, fire, slaughter stock, leftover,
exposition stock or stock of like character, and all itinerant
vendors doing business in the city shall pay for the privilege a
license tax of five hundred dollars per week, and no license shall
be issued under this section for a fraction of a week.

"Itinerant vendors," as used in this chapter shall be construed
to mean and include all persons, whether principal, agent or
salesman, who engage in temporary or transient business in the
city in one or more places, and who for the purpose of carrying on
such business do not have a lease on a building or lot, etc., for a
period of twelve months or longer. (4-7-69, § 42.)

Sec. 16A-65. Itinerant musicians.

Every itinerant musician performing in the streets of this city,

such as organ-grinders, bag-pipe blowers, etc., shall pay a
specific license tax of twenty-five dollars per day. (4-7-69, § 59.)

Sec. 16A-66. Junk dealers.

On every license to a junk dealer the tax shall be one hundred
dollars and on every person who shall engage in the business of
buying junk or other matter for a junk dealer or for sale to a junk
dealer, the tax shall be thirty dollars. Where such a dealer
engages in buying and selling of wool, hides or furs, he shall pay
a merchant's tax in addition. (4-7-69, § 44.)

Sec. 16A-67. Laboratory animal preparation.

On businesses for the purpose of preparing cats, dogs, frogs or
other animals for educational or scientific purposes the license
tax shall be fifteen dollars. (4-7-69, § 44.)

Sec. 16A-68. Launderettes.

On every person who operates a laundry in which the customer
pays rental for the use of washing machines at such place of
business a license tax of twenty-five dollars shall be assessed and
where the gross receipts exceed two thousand dollars the tax
shall be twenty-five cents on each one hundred dollars in addition
thereto. (4-7-69, § 48.)

Sec. 16A-69. Laundries—Generally.

(a) On every person, firm or corporation engaged in the
operation of a laundry other than by hand the license tax shall be
twenty-five dollars, and where the gross receipts exceed two
thousand dollars the tax shall be twenty-five cents on each one
hundred dollars in addition thereto.

(b) On every person, firm or corporation operating a hand
laundry the tax shall be twenty dollars. But nothing in this
section shall be construed to impose a license tax upon persons
who wash bed clothing, wearing apparel, etc., without laundry
machinery and who do not keep shops or other regular places of
business for laundry purposes. (4-7-69, § 45.)

Sec. 16A-70. Same—Nonresidents.

On every person other than a laundry, pressing, dyeing or dry
cleaning establishment located in the city, engaged in soliciting
general laundry, dyeing, pressing or dry cleaning

work, including towel or linen service, or the renting of towels
for compensation, where the person, firm or corporation does
the laundry, dyeing, pressing, or dry cleaning work thereon
outside of the city, or has it done outside of the city, the license
tax shall be two hundred fifty dollars per annum.

Provided, that if the business of such person shall consist
only of cleaning of rugs, carpets and similar articles, the license
tax shall be one hundred dollars per annum; and provided
further, that if the business of such person shall consist
only of furnishing diaper service, the license tax shall be one
hundred fifty dollars per annum. (4-7-69, § 46.)

Sec. 16A-71. Same — Supplying automobile covers, cleaning
cloths, uniforms and wearing apparel and
diapers.

(a) On every person engaged in the business of supplying
cloths for temporary protection of automobiles and cleaning
the same or any other wiper cloths the license tax shall be
twenty-five dollars and where the gross receipts exceed two
thousand dollars, the tax shall be twenty-five cents on each one
hundred dollars in addition thereto.

(b) On every person engaged in the business of supplying,
on a rental or other similar basis, uniforms, wearing apparel
or diapers, the license tax shall be twenty-five dollars and
where the gross receipts exceed two thousand dollars, the tax
shall be twenty-five cents on each one hundred dollars in addition
thereto. (4-7-69, § 47.)

Sec. 16A-72. Laundry machines.

For each coin operated washing machine and for each coin
operated drying machine there shall be levied on each such machine
a license tax of two dollars per year. There shall be
only one fee charged by the commissioner of revenue for the
issuance of the licenses for all of the washing and drying machines
installed in any one building. (4-7-69, § 49.)

Sec. 16A-73. Livestock brokers.

Every dealer who shall buy livestock for the purpose of
selling or shall sell livestock purchased by him shall pay a
specific license tax of one hundred dollars per annum. This

section shall not apply to dealers who pay a merchant's license
tax. (4-7-69, § 50.)

Sec. 16A-74. Loans.

On each person other than a pawnbroker, making loans secured
by orders on or assignments of the time or wages of any
employee, or making loans secured by chattel mortgages or
liens on personal property or household furniture or licensed
to do business under the provisions of the State Uniform Small
Loan Act the license tax shall be twenty-five dollars and where
the gross receipts exceed two thousand dollars the tax shall be
sixty cents on each one hundred dollars in addition thereto.
(4-7-69, § 51.)

Sec. 16A-75. Machine shops.

On every person who shall engage in the business of operating
a machine shop the tax shall be twenty-five dollars and
where the gross receipts exceed two thousand dollars the tax
shall be twenty-five cents on each one hundred dollars in addition
thereto. (4-7-69, § 52.)

Sec. 16A-76. Manufacturers; processors.

If the principal business engaged in is manufacturing and
machine work is incidental, the gross receipts may be reported
and included in the manufacturer's tax.

Every person conducting or engaging in any one or more
manufacturing, or processing occupations, within the city for
which no specific license is provided under any other section
of this chapter, including, but not by this particular enumeration
limiting the above general description, the following
businesses or trades, shall pay for the privilege an annual license
tax of one hundred dollars plus three cents for each one
hundred dollars of gross receipts, as hereinafter defined, not
in excess of five million dollars and one cent for each one hundred
dollars of such gross receipts in excess of five million dollars
from the business during the preceding calendar year:

Asphalt, or asphalt products, bricks, marble goods, tombstones.

Awnings, sails or tents.

Barrels, crates, boxes, hogsheads, veneers, veneer and
wood products.

Beds, bed springs, cots, mattresses, any or all.

Breads, cakes, pies and other bakery products.

Burlap, and cotton bags and barrel covers.

Canneries.

Caskets, coffins and burial vaults.

Cement and cement products.

Chemical or chemical products.

Cigarettes or tobacco products.

Clothing, hose, cotton, wool, silk, textile and textile products.

Coffee roasting or tea blending.

Confections.

Cork products and insulating materials.

Fertilizers or guano.

Flavoring extracts and syrups.

food for livestock.

Furniture, novelties, and wood products.

Gypsum and gypsum products.

Ice.

Ice cream.

Manufacturing, processing and assembling steel, iron and
metal products, any or all.

Motor vehicles or parts thereof.

Paints.

Pasteurization and bottling of milk, cream, milk products.

Planing and rolling mills.

Processing peanuts and peanut products.

Processing soy beans.

Sashes, frames, blinds or wood products, saw mills.

Other manufacturers and processors.

Nothing contained herein shall be construed to be a levy of tax
upon that portion of a manufacturer's goods, wares and merchandise
manufactured and sold at wholesale at the place of
manufacture. (4-7-69, § 53; 7-6-70.)

Sec. 16A-77. Merchants—Retail.

Every person engaged in the business of a retail merchant shall
for each separate place of business conducted in the city pay a
license tax on all sales made during the preceding calendar year
as follows:

If the amount of sale shall not exceed two thousand dollars the
tax shall be twenty-five dollars.

On all sales over two thousand dollars the tax shall be thirty
cents on each one hundred dollars in excess of two thousand
dollars.

Where any person engaged in the business of a retail merchant
makes charges for services rendered in connection with such
business, including repair work, the gross amount received for
such services shall be included in the sales on which the
merchant's license tax is calculated, unless a separate license tax
is paid to the city in connection with the furnishing of such
services.

Every person applying for an initial retail merchant's license
from this city shall furnish proof to the commissioner of revenue
that the business for which such license is required is not of a
seasonal or temporary nature. Such proof shall consist of a duly
executed lease for a term of at least twelve months for the
property site at which the business is to be located, or if such
lease is not for twelve months such other evidence as may be
required by the commissioner of revenue. The commissioner of
revenue is hereby authorized and empowered to require the
production before him of such records, books, accounts or legal
papers by the person applying for an initial license as he shall
deem proper in order to determine whether the business will be
of a permanent nature. (4-7-69, § 54.)

Sec. 16A-78. Same—Placing vending machines.

Every person engaged in the business of selling goods, wares
and merchandise through the use of coin-operated vending
machines shall be classified as a retail merchant and shall pay an
annual license tax for the privilege of doing business in this city
in the same amount provided for other retail merchants in section
16A-76; provided, that if any such person has more than one
definite place in this city at which goods, wares or merchandise
are stored, kept or assembled, for supplying such vending
machines the annual license tax provided shall be imposed for
each such definite place in excess of one.

The use of a cigarette vending machine on premises which are
not already covered by a tobacco retailer's license shall require
the owner of such cigarette vending machine to take out a tobacco
retailer's license for that location.

The taxes imposed by this section shall be in lieu of any license
tax on the individual vending machines and shall also be in lieu of

the license tax required under the provisions of sections 16A-1
to 16A-22.

Every person liable to pay the tax imposed by this section, shall
make an annual report to the commissioner of revenue of the total
gross sales, at retail selling prices, made in the city through such
vending machines on forms supplied by the commissioner of
revenue, such forms to be similar to those prescribed for such
merchants by the state department of taxation.

Every vending machine shall be plainly marked by the owner
thereof with the name and address of such owner.

The term "vending machines", as used in this section, includes
only such machines as vend goods, wares and merchandise and
give to the customer on every purchase his money's worth in
goods, wares or merchandise. The term does not include any
machine the operation of which is prohibited by law, nor any
machine which has any gambling or amusement features
whatsoever. (4-7-69, § 55.)

Sec. 16A-79. Same—Wholesale.

Every person engaged in the business of a wholesale merchant
shall for each separate place of business conducted in the city pay
a license tax on all purchases made during the preceding
calendar year as follows:

If the amount of purchases shall not exceed ten thousand
dollars the tax shall be fifty dollars.

On all purchases over ten thousand dollars and less than fifty
thousand dollars the tax shall be twenty-five cents on each one
hundred dollars in excess of ten thousand dollars.

On all purchases in excess of fifty thousand dollars the tax shall
be sixteen cents on each one hundred dollars. (4-7-69, § 56.)

Sec. 16A-80. Miscellaneous businesses.

Every person engaged in any of the miscellaneous businesses
set forth in this section and other similar services not otherwise
licensed under this chapter shall pay an annual license tax of
twenty-five dollars on the first two thousand dollars of gross
receipts and in addition thereto thirty cents per one hundred
dollars on all gross receipts in excess of two thousand dollars.

The miscellaneous businesses referred to in this section include
the following:

Nursing homes, when operated for private gain, provided that

this section shall apply only tho those homes which are licensed
by the state to keep ten patients or more on a regular basis.

Computer service bureaus which lease time and service to others
on bureau owned computers or related office machines.

Office equipment rental.

Rental of tangible personal property (excluding vehicles taxed
pursuant to section 16A-102).

Household equipment rental (equipment leased with an
apartment or house shall be exempt from this tax).

Making or selling of tombstones, monuments, etc.

Furnishing music by radio, by telephone line or by other
similar means to offices, restaurants, plants and other
commercial establishments.

Telephone answering services which regularly handle calls for
four or more separate businesses.

Where a person is engaged in two or more businesses at a single
location, one of which is a business set forth in this section, and all
of the businesses at such single location are taxed at the same
rate on the gross receipts thereof, the gross receipts of such
businesses may be consolidated, computed and reported as one
item, and only one license tax based on such consolidated amount
shall be paid.

This section shall become effective on November 1, 1970.
Payment for the license tax year which began May 1, 1970, may
be prorated accordingly at fifty percent. In subsequent years,
payment shall not be prorated unless the same is also allowed
under other sections of the license tax ordinance. If a person or
firm has already obtained a city license for the year beginning
May 1, 1970, for the business taxed herein, another license will
not be required until May 1, 1971. (4-7-69, § 57; 7-6-70.)

Sec. 16A-81. Motor freight terminals.

Every person maintaining or operating in the city any freight
terminal for the purpose of receiving or discharging freight
carried or to be carried by any motor vehicle freight carrier shall
pay a specific license tax of two hundred and fifty dollars. (4-7-69, § 58.)

Sec. 16A-82. Outside agents.

Any person residing or having his principal office within the
state who is not a licensed merchant in the city who shall sell or

offer to sell, either direct or by sample card or representation, or
who shall solicit or take orders for the sale of any goods, wares or
merchandise to any purchaser within the city, except to a
licensed merchant shall pay for the privilege a license tax on
gross sales so made during the preceding calendar year as
follows:

If the amount of such gross sales shall not exceed two thousand
dollars the tax shall be twenty-five dollars.

On all such gross sales over two thousand dollars the tax shall
be thirty cents on each one hundred dollars in excess of two
thousand dollars. (4-7-69, § 60.)

Sec. 16A-83. Pawnbrokers.

On every license to a pawnbroker the specific license tax shall
be five hundred dollars for one year or fractional part thereof.
This license is not transferable. (4-7-69, § 61.)

Sec. 16A-84. Peddlers—Generally.

Any person who shall carry from place to place, any goods,
wares or merchandise, and offer to sell or barter the same, or
actually sell or barter the same, shall be deemed a peddler, and
any person licensed as a peddler may sell, or he may exchange the
same for other articles.

A peddler's license shall not be transferable, and any person so
licensed shall endorse his name on the license, and such license
shall confer authority to sell within the city.

Any peddler who shall peddle for sale or sell or barter without a
license shall be guilty of a misdemeanor and on conviction thereof
shall be fined not less than twenty-five dollars, and not more than
one hundred dollars for each offense; and

any person selling or offering to sell as a peddler shall exhibit his
license on demand of any citizen of this city; and upon his failure
or refusal to do so he shall be subject to the penalties for peddling
without a license.

All persons who do not keep a regular place of business
(whether it be a house or a vacant lot, or elsewhere), open at all
times in regular business hours and at the same place, who shall
offer for sale goods, wares and merchandise, shall be deemed
peddlers under this section. All persons who keep a regular place
of business, open at all times in regular hours and at the same
place, who shall elsewhere than at such place of business,
personally, or through their agent, offer for sale or sell, and at the
time of such offering for sale, deliver goods, wares and
merchandise, shall also be deemed peddlers as above, but this
section shall not apply to those who sell or offer for sale in person
or by their employees, ice, wood, meats, milk, butter, eggs,
poultry, fish, oysters, game, vegetables, fruit or other family
supplies of a perishable nature grown or produced by them and
not purchased by them for sale.

For the privilege of peddling or bartering in the city, there shall
be paid one hundred dollars for each person so engaged or
employed in the city, when he travels on foot, and when he
peddles otherwise than on foot, the tax shall be two hundred
dollars, except, that tax on peddlers of ice, wood, meat, milk,
butter, eggs, poultry, fish, oysters, game, vegetables, fruit or
other family supplies of a perishable nature not grown or
produced by them, shall be fifty dollars for each vehicle used in
such peddling in the city.

Every vehicle used in peddling as aforesaid shall have
conspicuously displayed thereon the name of the peddler using
the same, together with the street and number, city and state of
his residence.

Nothing in this section shall be construed to require of any
farmer a peddler's license for the privilege of selling or peddling
farm products, wood, or charcoal grown or produced by him.

Every license issued under this section shall expire on the
thirtieth day of April of each year. No license issued under this
section shall be prorated. (4-7-69, § 62.)

Sec. 16A-85. Same—Producer's certificate.

(1) No city license shall be required of peddlers of ice, wood,
meat, milk, butter, eggs, poultry, fish, oysters, game, vegetables,
fruit or other family supplies of a perishable nature grown or
produced by them and not purchased by them for sale.

(2) But every such peddler of family supplies of a perishable
nature grown or produced by him and not purchased by him for
sale shall on or before January first of each year file with the
commissioner of revenue of this city a certificate in duplicate
under oath in which shall be given the name and post office
address of the applicant, the location of the land on which the
family supplies of a perishable nature are produced, or are to be
produced whether the applicant is the owner thereof, or renter,
and in the latter case, the name of the landlord or owner and the
time from which and to which the lease is to run.

(3) Upon receipt of such certificate and such other evidence
under oath as may be sufficient to establish the fact that the
applicant is entitled to the certificate, the commissioner of
revenue shall endorse on one copy of such certificate the fact and
date of its filing, and shall deliver such copy to the applicant, and
such applicant shall thereafter at all times while he is engaged in
peddling within this city, have such copy in his possession and
upon request by an officer of the city charged with enforcing of
this chapter, exhibit such certificate. The commissioner of
revenue may administer the oaths required by this subsection.

(4) Any officer charged with the enforcement of this chapter
may at any time question any peddler claiming exemption
from city license taxation and may require of such peddler an
affidavit in support of any claim made by such peddler that the
produce then in or on his vehicle was grown or produced by
him.

(5) The word "peddler" or "peddlers," as used in this subsection
shall be construed as including their bona fide employees.

(6) Any peddler failing to exhibit such certificate in violation of
this subsection, or making any false statement in the certificate
or affidavit aforesaid, or by permitting the certificate obtained by
him to be used in the sale of any family supplies of a perishable
nature not grown or produced by him, shall upon conviction, be

fined not less than five dollars nor more than fifty dollars for
each offense, and upon failure to pay the said fine shall be
confined in the city jail for not less than ten days nor more than
thirty days.

(7) No city license shall be required of persons offering for sale
in the officially established city market created pursuant to
section 21-15; provided, that such person first obtains from the
department of parks and recreation a producer's certificate,
pursuant to the provisions of this section for sales at the city
market and at no other place. Such certificate may include farm
produce, food stuffs, art work or handicrafts grown or produced
by the seller, members of his family or farm laborers employed
by him upon property owned or leased by the seller and not
purchased by the seller for resale. Such certificates shall be used
by the producers themselves and shall in no case be transferable
to any third parties. The commissioner of the revenue is
authorized to delegate to the department of parks and recreation
the authority to issue such certificates only for use at the city
market. (4-7-69, § 62b; 8-6-73.)

Sec. 16A-85.1. Same—Peddling to dealers or retailers.

There is hereby imposed an annual city license tax on every
person, firm or corporation (other than a distributor or vendor of
motor vehicle fuels and petroleum products, tobacco or seafood, a
farmer, a farmer's cooperative association, a producer, a
manufacturer taxable on capital by the state or a peddler who has
a definite place of business in some other Virginia city, town or
county that imposes a peddler's license on such business
pursuant to state law), who or which peddles goods, wares and
merchandise by selling and delivering the same at the same time
to licensed dealers or retailers at other than a definite place of
business operated by the seller.

The annual city license tax hereby imposed, as aforesaid, on
every such person, firm or corporation, peddling, as aforesaid, is
in the sum of one hundred dollars, for each vehicle used in such
business, and such license, shall not be issued quarterly, nor
shall it be transferable, nor shall the tax be subject to proration;
provided, that this section shall not apply to wholesale merchants
regularly licensed by the city and who shall at the same time sell
and deliver merchandise to retail merchants.

Every vehicle used by any license hereunder shall have
conspicuously displayed thereon the name of the person, firm or
corporation using the same, with the post office address of the
licensee, and the license hereby required shall be conspicuously
displayed on each vehicle where used in such business.

Every person, firm or corporation claiming to be a distributor
or vendor of motor vehicle fuels and petroleum products, a
farmer, a dealer in forest products or tobacco, or seafood, a
producer, or a manufacturer taxable on capital by the state, and
selling and delivering at the same time, or offering to sell and
deliver at the same time, to licensed dealers or retailers, such
goods, wares or merchandise, shall upon request of any police,
tax or revenue officer furnish evidence of his or its claim other
than his or its mere statement, that he or it is exempt from the
provisions of this subsection, and failure to furnish such evidence
shall be sufficient ground for charging the person operating the
vehicle with the violation of this subsection, and in any
prosecution for a violation of this subsection, the claim aforesaid
must be corroborated by satisfactory evidence. The exemption
hereby accorded a distributor or vendor of motor vehicle fuels and
petroleum products and a dealer in forest products or tobacco is

restricted to such peddling of motor vehicle fuels, petroleum
products, forest products and tobacco; and in the case of a
farmer, a producer or a manufacturer taxable on capital by this
state, the exemption is restricted to such peddling of goods, wares
and merchandise actually manufactured, produced or grown by
the seller.

A peddler, within the meaning of this section, is any person,
firm or corporation, with or which, at other than a definite place
of business operated by the seller, shall sell or offer to sell goods,
wares or merchandise to licensed dealers or retailers, and at the
same time of such sale or exposure for sale, shall deliver or offer
to deliver the goods, wares or merchandise to the buyer, and any
delivery made on the day of sale shall be construed as equivalent
to delivery at the time of sale.

Every person, firm or corporation claiming exemption from the
provision of this section on the ground that he or it is delivering
goods, wares, or merchandise previously sold to the customer,
shall; upon request of any police, tax or revenue officer,
furnish evidence of his or its claim other than his or its mere
statement, which evidence may be an invoice, and the amount
and price thereof, and failure to furnish such evidence shall
be sufficient ground for charging the person operating the vehicle
with a violation of this section; and in any prosecution for a
violation of this section, the claim aforesaid must be corroborated
by satisfactory evidence.

Every person, firm or corporation violating any provision of this
section shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than twenty-five dollars nor more than one
hundred dollars for each offense, and each day's violation of any
provision of this section shall be deemed a separate offense.

This section shall become effective on November 1, 1970.
Payment for the license tax year which began May 1, 1970, may
be prorated accordingly at fifty percent. In subsequent years,
payment shall not be prorated unless the same is also allowed
under other sections of this chapter. (7-6-70.)

Sec. 16A-85.2. Personal and commercial service businesses.

Every person engaged in any of the personal service businesses
as set forth in this section and other similar services not
otherwise licensed under this chapter shall pay an annual license
tax of twenty-five dollars on the first two thousand dollars of

gross receipts and in addition thereto thirty cents on each one
hundred dollars on all gross receipts in excess of two thousand
dollars.

The personal service businesses as referred to in the first
paragraph of this section are as follows:

Mailing service.

Parcel delivering service.

Service of moving goods and chattels for others from one
destination to another, inside or outside of the city, by packing,
crating, shipping, mailing or by some other manner.

A caterer whose gross receipts are not taxed as part of a
licensed restaurant business.

Leasing films to others for compensation.

Sign painting.

Travel agency (the tax for such agency shall be calculated on
gross commission).

Private schools attended by ten or more children or students
(other than religious or nonprofit).

Kindergarten attended by ten or more children or students
(other than religious or nonprofit).

Day nursery attended by ten or more children or students
(other than religious or nonprofit).

Preparation of technical manuals, for sale or by contract.

Operating a kennel or small animal hospital when such
establishment will regularly contain ten or more animals or fowl
or some combination thereof.

Furnishing house cleaning or janitorial service—residential,
commercial or industrial; provided, that this tax shall not apply
to an employee of a person, firm or corporation which is not in the
house cleaning or janitorial business.

Furnishing messenger service, except telephone or telegraph
messenger service.

Tree surgeons, the pruning of trees and shrubbery, and other
related services not exempt from local taxation pursuant to state
law.

Where a person is engaged in two or more businesses at a single
location, one of which is a business set forth in this section, and
all of the businesses at such single location are taxed at the same
rate on the gross receipts thereof, the gross receipts of such
businesses may be consolidated, computed, and reported as one
item, and only one license tax based on such consolidated amount
shall be paid.

This section shall become effective on November 1, 1970. Payment
for the license tax year which began May 1, 1970, may
be prorated accordingly at fifty percent. In subsequent years,
payment shall not be prorated unless the same is also allowed
under other sections of the license tax ordinance. If a person or
firm has already obtained a city license for the year beginning
May 1, 1970, for the business taxed herein, another license will
not be required until May 1, 1971. (7-6-70.)

Sec. 16A-86. Photographers.

(a) Resident photographers. Every person or firm engaged in
the business of photography, when the business is conducted at a
fixed location shall pay a license tax of twenty-five dollars, and
where the gross receipts exceed two thousand dollars the tax
shall be thirty cents on each one hundred dollars in addition
thereto.

(b) Transient or traveling photographers. Any transient or
traveling photographer pursuing the art of photography for
business purposes shall pay a license tax of five dollars per week;
provided, that such a license shall not be required of persons
taking orders for photographs licensed by this city and having a
fixed and permanent place of business in this city. The tax
imposed by this subsection shall be deemed to be a tax upon the
distinctive business of the photographer, not upon the soliciting
of orders or the processing of film.

If a transient or traveling photographer, in lieu of the weekly
tax hereby imposed, wishes to purchase an annual license under
the rates and terms established by subsection (a), he may do so.
(4-7-69, § 63; 7-6-70.)

Sec. 16A-87. Plumbers.

Every person engaged in operating as a plumber shall pay a
license tax of twenty-five dollars, and where the gross receipts
exceed two thousand dollars the tax shall be fifteen cents on each
one hundred dollars in addition thereto. All gross receipts for
plumbing contracting shall be reported and taxed under this
section, and a separate contractor's license shall not be required.
(4-7-69, § 64.)

Sec. 16A-88. Potato chip manufacturers.

Every person engaged in the manufacture of potato chips shall
pay a license tax of twenty-five dollars and where the gross
receipts exceed two thousand dollars the tax shall be twenty-five
cents on each one hundred dollars in addition thereto, unless such
person is exempt from such tax pursuant to state law. (4-7-69, §
65.)

Sec. 16A-89. Printers.

On every person engaged in the business of operating a printing
establishment, including mimeographing, multigraphing and
blueprinting, the tax shall be twenty-five dollars and where the
gross receipts exceed two thousand dollars the tax shall be
twenty-two cents on each one hundred dollars in addition thereto.
(4-7-69, § 66.)

Sec. 16A-90. Professional occupations.

Every person conducting or engaging in any of the following
professional occupations in this city shall pay for the privilege an
annual license tax of twenty-five dollars and where the gross
receipts, fees or commissions during the preceding calendar year
exceeded two thousand five hundred dollars the license tax shall
be seventy-five cents on each one hundred dollars in addition
thereto.

Real estate salesmen shall be considered members of the respective
real estate firms. The gross receipts, fees or commissions
of any firm may for the purpose of this section be divided
among the members or associates of said firm or corporation
to secure a license hereunder.

The commissioner of revenue shall not issue a license to any
person until such person shall produce a license issued by the
Virginia Real Estate Commission showing that such person, firm
or salesman has duly qualified to do business in the state.

It shall be the duty of such person who obtains a license to act
as a real estate agent to report in writing to the commissioner of
revenue, the name of each person advertised, employed or in any
way connected with such person as a salesman.

A single license may be issued for two or more of the following
occupations:

Public accountant.

Advertising agent or firm.

Architect.

Assayer.

Attorney-at-law.

Auditing company or firm.

Bondsman.

Bookkeeper, public.

Chemist.

Chiropractor.

Chiropodist.

Claim adjuster.

Collection agent or agency.

Common crier.

Commission merchant, including a tobacco warehouse, but
not a dealer in or buyer of leaf tobacco.

Consultant.

Dentist.

Doctor of medicine.

Engraver.

Homeopathist.

Land agent, rental agent.

Landscape architect.

Lumber measurer.

Manufacturer's agent.

Mercantile agent or agency.

Merchandise broker.

Metallurgist.

Money lender, loan or mortgage company, other than banks
and building and loan associations.

Naturopathist.

Neurologist.

Oculist.

Operator of analytical laboratory or engineering laboratory.

Optometrist or optician.

Orthodontist.

Osteopath.

Patent attorney or patent agency.

Physician.

Physiotherapist.

Psychologist.

Professional engineer.

Public relations counselor.

Piano tuner.

Public stenographer.

Furnisher of publicity service booking agent, concert manager.

Real estate appraiser or evaluator for others for compensation.

Real estate broker and salesman.

Recorder of proceedings in any court, commission or other
organization.

Research lab.

Surveyor.

Taxidermist.

Sales agent or agency.

Veterinarian.

Other professional occupations. (4-7-69, § 67; 7-6-70.)

Sec. 16A-91. Redemption stores of premium stamp suppliers.

Every person operating within the city a store, warehouse or
other establishment from which any goods, merchandise and
commodities may be redeemed or claimed upon the production or
delivery of trading stamps shall be classified as a retail merchant
and shall pay a tax at the same rate or rates as a retail merchant
upon the value of all such goods, merchandise and commodities so
redeemed and claimed during the next preceding license tax year.

For the first year of payment of any such tax the person
applying for the license shall make an estimate of the goods,
merchandise and commodities expected to be so redeemed or
claimed through such store, warehouse or other establishment
and shall make an advance payment of tax upon such estimate.
Within thirty days after the end of the first year such person shall
furnish the commissioner of revenue a complete report of the
value of such goods, merchandise and commodities so redeemed
or claimed during such taxable year and the commissioner of
revenue shall thereupon make proper adjustment to the exact
amount of tax due.

As used herein the word "value" means the average value, if
sold at retail, of such goods, merchandise and commodities so
redeemed or claimed. (4-7-69, § 68.)

Sec. 16A-92. Repairs.

Each person conducting the business of repairing automobiles,

bicycles, motorcycles, refrigerators, radios, washing machines or
any other equipment or appliances, shall pay a license tax based
on the gross receipts of such persons the amount of such tax to be
the same as a retail merchant would pay if sales equal the gross
receipts of such repairman. However, if a retail merchant's
license is already required the gross receipts from this occupation
may be included in the retail merchant's license. (4-7-69, § 69.)

Sec. 16A-93. Restaurants.

Any person who shall cook, or otherwise furnish for compensation,
diet or refreshments of any kind, for casual visitors
at his home or place of business, for consumption therein
or thereat, or any person who shall sell soft drinks from a soda

fountain shall be deemed to keep a restaurant. On every license
to keep a restaurant, the tax shall be calculated on the same
basis as in the case of a retail merchant as provided in section
16A-76.

Where any person qualifies as a keeper of a restaurant under
this section and as a retail merchant under section 16A76,
in the same place of business, the total sales shall be computed
for the purpose of arriving at the tax.

Every restaurant keeper shall keep accurate daily records
of all sales, which records shall at all times be open to the
inspection of the commissioner of revenue or the license inspector.
(4-7-69, § 70.)

Sec. 16A-94. Schools.

(a) On schools for the purpose of training bookkeepers,
accountants, stenographers, typists, etc., the license tax shall
be twenty-five dollars plus forty cents on each one hundred
dollars of the gross receipts over two thousand dollars.

(b) On schools for the purpose of training beauticians,
manicurists, etc., the license tax shall be twenty-five dollars
plus forty cents on each one hundred dollars of the gross receipts
over two thousand dollars.

(c) On schools for the purpose of teaching dancing the
license tax shall be twenty-five dollars plus forty cents on
each one hundred dollars of the gross receipts over two thousand
dollars; provided, that this tax shall not be levied on any
school teaching dancing to persons under the age of nineteen
years when the greater percentage of gross receipts are derived
from teaching such children. (4-7-69, § 71.)

Sec. 16A-95. Shoemakers and repairs.

On every person conducting a shop for the repair or manufacturing
of shoes, boots or similar articles, the license tax
shall be twenty-five dollars and where the gross receipts exceed
two thousand dollars the tax shall be thirty cents on each
one hundred dollars in addition thereto. (4-7-69, § 72.)

Sec. 16A-96. Shooting galleries.

On every person operating a shooting gallery, the license
tax shall be one hundred dollars per month. This license tax
is not prorated. (4-7-69, § 73.)

Sec. 16A-97. Shows, circuses, etc.

On a circus, menagerie, tent show or other such like exhibition
or performance, within the city, whether combined or
separate, the license tax shall be one hundred and fifty dollars
for the first performance or exhibition, and one hundred
dollars for each additional performance or exhibition.

On a side show attached to or exhibiting with any circus,
menagerie, tent show or other such like exhibition or performance
within the city, the license tax shall be twenty-five dollars
for each performance or exhibition.

No license shall be issued to any circus, menagerie, tent
show or other such like exhibition or performance unless and
until the price of admissions and of seats shall have been
previously generally published.

If a show or other performance is conducted in connection
with and as an inducement for the sale of merchandise there
shall be charged a license tax of twenty-five dollars per day
whether an admission is charged or not. (4-7-69, § 74.)

Sec. 16A-98. Skating rinks.

On every person operating a skating rink the license tax
shall be twenty-five dollars and where the gross receipts, exclusive
of excise and admission taxes, exceed two thousand
dollars the tax shall be forty cents on each one hundred dollars
in addition thereto. (4-7-69, § 75.)

Sec. 16A-99. Storing and impounding.

On every license to a person to keep, for compensation, any
house, yard or lot for storage, or other impounding, the tax
shall be twenty-five dollars, and where the gross receipts exceed
two thousand dollars the tax shall be fifty cents on each
one hundred dollars in addition thereto.

If the gross receipts on the operation under this section
are included in a merchant's license, issued to a bona fide
merchant, then, this section shall not apply. (4-7-69, § 76.)

Sec. 16A-100. Street vendors or merchants.

On every person, whether manufacturer or not, selling upon
the street, or other public places, inflated balloons, plastic
figures, toys, jewelry and other small articles, the license tax

shall be twenty-five dollars per day. The city manager shall, if he
deems it necessary, designate the place of sale, or refuse the
license. (4-7-69, § 77.)

Sec. 16A-101. Tailors and cutters.

Each person conducting the business of tailoring or selling
suits or dresses by sample shall be deemed a merchant and
subject to section 16A-77. (4-7-69, § 78.)

Sec. 16A-102. Taxicabs and u-drive-it vehicles.

Every person engaged in the business of operating taxicabs or
leasing u-drive-it motor vehicles in this city shall pay a license
tax of ten cents on each one hundred dollars of gross receipts for
the preceding calendar year. This tax shall be in addition to the
for hire tag as required by article V of chapter 11.1 of this Code.
(4-7-69, § 79.)

Sec. 16A-103. Telegraph companies.

On telegraph companies or agents, each for business done
between this and other points within the state, and not including
any business done to or from points without the state, and not
including business in which messages although to or from points
within this state, pass through territory without the state, and not
including any business done for the government of the United
States, its officers, or agents, a license tax of one hundred dollars
shall be paid. Provided, that any company taxed under this
section whose receipts do not exceed three thousand dollars per
annum, the tax shall be fifty dollars. (4-7-69, § 80.)

Sec. 16A-104. Repealed by Ordinance adopted July 6, 1970.

Sec. 16A-105. Telephone companies.

On each telephone company the license tax shall be one-half of
one per cent on the gross receipts of such company. The gross
receipts on which percentage is charged shall include all phone
service known as mutual, all revenue derived from long distance
service, and all money derived from the use of the switchboard by
local lines, expressly excepting business done between this city
and points without the state, and messages sent to or received by

the government of the United States or this state or their agents
or officers.

This license tax shall be assessable and payable in like manner
as that of the state. (4-7-69, § 82.)

Sec. 16A-106. Theatricals.

On every theatrical performance or any performance similar
thereto, panorama or any public performance or exhibition of any
kind there shall be paid five dollars for each performance or
twenty-five dollars per week of a continuous performance, if the
public performance or exhibition is given in a permanent building,
and twenty-five dollars for each day and fifty dollars
for each week of a continuous performance if the public performance
or exhibition is given out-of-doors or in a tent or
other temporary structure; provided, that this section shall
not be construed to apply to performances or exhibitions for
charitable, educational or benevolent purposes, and with the
further exception of road or tab shows held in conjunction
with the usual cinema attraction, where the price of admission
for the entire performance does not exceed fifty cents.
But on every such performance or exhibition, attendance upon
which is solicited by a barker or by public crying in the
streets of the city, or in such a manner as to be heard on the
streets of the city, there shall be paid twenty-five dollars per day.
(4-7-69, § 84.)

Sec. 16A-107. Tobacco, snuff, etc., retailers.

No person not a producer shall be allowed to sell by retail
tobacco, snuff, cigars or cigarettes, without having obtained a
specific license to do so.

The sum to be paid by retailers of tobacco, snuff, cigars or
cigarettes shall be for the privilege a specific tax of five dollars,
which shall be assessed and collected as other assessments
upon license, but which shall not be in lieu of merchant's
license on sales.

This section shall be construed to require of any person
taking out this special license tax to sell tobacco, snuff, cigars
or cigarettes a merchant's license in addition thereto based
on amount of sales. (4-7-69, § 85.)

Sec. 16A-108. Tourist homes.

Every person operating a tourist home or renting rooms to
transient guests on a daily basis shall pay for the privilege
of doing such business in the city an annual license tax of
five dollars, and two dollars additional for each room so used
in excess of one. (4-7-69, § 86.)

Sec. 16A-109. Trailer camps.

Every person operating commercially a trailer park or
trailer parking area within the city shall pay an annual license
tax at the rate of five dollars for each parking space so provided
up to five spaces and at the rate of one dolllar for each
parking space so provided in excess of five spaces. (4-7-69, §
87.)

Sec. 16A-110. Undertakers, embalmers and funeral directors.

Every person who is engaged in business as an undertaker,
embalmer or funeral director shall pay a license tax of one
hundred and twenty-five dollars, and in addition thereto, if the
gross receipts of such person for the preceding calendar year,
exceeded ten thousand dollars an additional sum of thirty
cents for each one hundred dollars of excess of such receipts
over ten thousand dollars. (4-7-69, § 88.)

Sec. 16A-111. Vehicles using loudspeakers, etc., for advertising.

For each vehicle used on the streets of the city for advertising
by means of loudspeakers, radio or other mechanical
equipment, there shall be an annual fee of one hundred dollars
which license fee shall not be prorated. The payment of

this license fee shall not convey the privilege to the licensee
of producing sound of such volume as to constitute a public
nuisance, and the operation of such equipment shall at all
times be subject to the direction of the chief of police. Permits
shall be secured from the chief of police before exercising any
privileges granted under this license. This license is nontransferable.
(4-7-69, § 2.)

Sec. 16A-112. Vending machines.

(a) Any person having in the city any slot machine of any
description into which coins are inserted for the purpose of
disposing of any article of merchandise or for the purpose of
operating any device that operates on the coin-in-the-slot principle,
used for gain shall pay for every such slot machine or
device the following:

       

On each such slot machine or device operated by the insertion of one cent	$ 2.50
On each such slot machine or device used only for the vending of merchandise of five cents or more	5.00
On each such slot machine or device furnishing music, amusement or photographs or rides	15.00
On each automatic baggage or parcel machine used for the storage of baggage or parcels, for each receptacle	.25

Provided, that this section shall not be construed to permit
the keeping, maintaining, exhibiting or operating of any slot
machine or device in which the element of chance is employed,
or which gives out slugs or checks or devices which
may be used to operate the machine again, or gives any prize
or any article other than the article of merchandise or music
in payment of which the coin was originally deposited.

Any person having or maintaining any such slot machine
the licensing of which is prohibited by this section shall be
fined not less than five dollars nor more than one hundred dollars
for each day such machine was used, and such machine
shall be confiscated and destroyed.

Each license issued shall refer to the manufacturer's number
of the machine, or if the machine has no such number the
license must be posted in a conspicuous place on the machine.

(b) In addition to the license tax hereinabove imposed in

respect to each machine, every person selling, leasing, renting
or otherwise furnishing a slot machine or machines to others
furnishing music or amusement, other than devices or machines
affording rides to children, shall be deemed a slot machine
operator and shall pay an annual license tax of one hundred
and fifty dollars.

(c) No part of this section shall be construed to apply to
pay telephones or to slot machines used for the purpose of
vending individual sanitary drinking cups or United States
postage stamps, and subsection (b) hereof shall not be construed
to apply to operators of automatic baggage or parcel
checking machines; nor shall this section relieve any person
from the obligations imposed by section 16A-61 upon the
amusement devices therein described.

Every person, firm or corporation placing vending machines
in the city shall furnish the commissioner of revenue
on January 1st of each year, the location and the make of each
machine owned. Every vending machine shall be plainly
marked by the owner thereof with the name and address of
such owner.

Regularly licensed retail merchants paying retail merchants
license tax on their sales at retail shall not be required
to pay any separate vending machine license on such coin-operated
machines which are located on the premises of their
place of business. (4-7-69, § 89.)

CHAPTER 17.

Milk.[156]

§ 17-1. Definitions.

§ 17-2. Sale of adulterated, misbranded or ungraded milk or milk
products prohibited.

§ 17-3. Permits.

§ 17-4. Labeling.

§ 17-5. Inspection of dairy farms and milk plants.

§ 17-6. Examination of samples of milk and milk products.

§ 17-7. Grading of milk and milk products.

§ 17-8. Certified milk, raw.

§ 17-9. Grade A raw milk.

§ 17-10. Grade B raw milk for pasteurization.

§ 17-11. Grade C raw milk for pasteurization.

§ 17-12. Certified milk, pasteurized.

§ 17-13. Grade A pasteurized milk.

§ 17-14. Grade B pasteurized milk.

§ 17-15. Grade C pasteurized milk.

§ 17-16. Grades of milk and milk products which may be sold.

§ 17-17. Supplementary regrading; reinstatement of permit.

§ 17-18. Transferring or dipping milk; delivery containers; cooling;
quarantined residences.

§ 17-19. Milk and milk products from points beyond the limits of routine
inspection of the city.

§ 17-20. Future dairies and milk plants.

§ 17-21. Notification of disease.

§ 17-22. Procedure when infection suspected.

§ 17-23. Enforcement interpretation.

§ 17-24. Agreement between joint health department and state department
of agriculture.

Sec. 17-1. Definitions.

The following definitions shall apply in the interpretation
and the enforcement of this chapter:

(a) Milk. Milk is hereby defined to be the lacteal secretion,
practically free from colostrum, obtained by the complete
milking of one or more healthy cows, which contains
not less than eight and one-half per cent milk solids not fat
and not less than three and one-quarter per cent milk fat.

(b) Goat milk. Goat milk is the lacteal secretion, practically
free from colostrum, obtained by the complete milking
of healthy goats. The word "milk" shall be interpreted to
include goat milk.

(c) Milk fat. Milk fat, or butter fat, is the fat of milk.

(d) Cream. Cream is a portion of milk which contains not
less than eighteen per cent milk fat.

(e) Sour cream. Sour cream is cream the acidity of which
is more than twenty hundredths per cent, expressed as lactic
acid.

(f) Light cream, coffee cream or table cream. Light
cream, coffee cream or table cream is cream which contains
not less than thirty per cent milk fat.

(g) Whipping cream. Whipping cream is cream which
contains not less than thirty per cent milk fat.

(h) Light whipping cream. Light whipping cream is
whipping cream which contains less than thirty-six per cent
milk fat.

(i) Heavy cream or heavy whipping cream. Heavy cream
or heavy whipping cream is whipping cream which contains
not less than thirty-six per cent milk fat.

(j) Half and half. Half and half is a product consisting
of a mixture of milk and cream which contains not less than
eleven and five-tenths per cent milk fat.

(k) Reconstituted, or recombined, half and half. Reconstituted,
or recombined, half and half is a product resulting
from the combination of reconstituted milk or reconstituted
skim milk with cream or reconstituted cream, which contains
not less than eleven and five-tenths per cent milk fat.

(l) Whipped cream. Whipped cream is a cream to which
a harmless gas has been added to cause whipping of the
product. It shall also contain sugar, other harmless flavoring,
and a harmless stabilizer.

(m) Concentrated milk. Concentrated milk is a fluid product,
unsterilized and unsweetened, resulting from the removal
of a considerable portion of the water from milk. When recombined
with water, in accordance with instructions printed
on the container, the resulting product conforms with the
standards for milk fat and solids not fat of milk as defined
above.

(n) Concentrated milk products. Concentrated milk products
shall be taken to mean and to include homogenized concentrated

milk, vitamin D concentrated milk, concentrated
skim milk, concentrated flavored milk, concentrated flavored
drink, and similar concentrated products made from concentrated
milk or concentrated skim milk, as the case may be,
and which, when recombined with water in accordance with
instructions printed on the container, conform with the definitions
of the corresponding milk products in this section.

(o) Dry milk. Dry milk is milk from which at least
ninety-five per cent of the water has been removed.

(p) Skim milk. Skim milk is milk from which a sufficient
portion of milk fat has been removed to reduce its milk fat
content to less than three and one-quarter per cent.

(q) Nonfat, fat-free or defatted milk. Nonfat, fat-free or
defatted milk is skim milk which contains not more than one-tenth
per cent milk fat.

(r) Skim-milk solids. Skim-milk solids shall be deemed to
include concentrated skim milk and nonfat dry-milk solids.

(s) Nonfat dry-milk solids. Nonfat dry-milk solids shall
mean nonfat milk from which at least ninety-five per cent of
the water has been removed.

(t) Flavored milk. Flavored milk is a beverage or confection
consisting of milk to which has been added a syrup or
flavor made from wholesome ingredients.

(u) Flavored drink or flavored dairy drink. Flavored
drink or flavored dairy drink is a beverage or confection consisting
of skim milk to which has been added a syrup or flavor
made from wholesome ingredients.

(v) Flavored reconstituted milk. Flavored reconstituted
milk is a flavored milk made from reconstituted milk.

(w) Flavored reconstituted drink or flavored dairy drink.
Flavored reconstituted drink or flavored reconstituted dairy
drink is a flavored drink made from reconstituted skim milk.

(x) Buttermilk. Buttermilk is a fluid product resulting
from the churning of milk or cream. It contains not less
than eight and one-quarter per cent milk solids not fat.

(y) Cultured buttermilk. Cultured buttermilk is a fluid
product resulting from the souring or treatment, by a lactic
acid or other culture, of pasteurized skim milk or pasteurized
reconstituted skim milk. It contains not less than eight and
one-quarter per cent milk solids not fat.

(z) Cultured milk. Cultured milk is a fluid or semifluid
product resulting from the souring or treatment, by a lactic

acid or other culture, of pasteurized milk, pasteurized reconstituted
milk, or pasteurized concentrated milk. It contains
not less than eight and one-quarter per cent milk solids not
fat and not less than three and one-quarter per cent milk fat.

(aa) Vitamin D milk. Vitamin D milk is milk the vitamin
D content of which has been increased by an approved
method to at least 400 U. S. P. units per quart.

(bb) Reconstituted or recombined milk. Reconstituted or
recombined milk is a product which results from the recombining
of milk constituents with water, and which complies
with the standards for milk fat and solids not fat of milk as
defined herein.

(cc) Reconstituted or recombined cream. Reconstituted or
recombined cream is a product which results from the combination
of dry cream, butter or milk fat with cream, milk,
skim milk or water, and which complies with the milk fat
standards of cream as defined herein.

(dd) Reconstituted or recombined skim milk. Reconstituted
or recombined skim milk is a product which results
from the recombining of skim-milk constituents with water,
and which contains not less than eight and one-quarter per
cent milk solids not fat.

(ee) Cottage cheese. Cottage cheese is the soft uncured
cheese prepared from the curd obtained by adding harmless,
lactic-acid-producing bacteria, with or without enzymatic
action, to pasteurized skim milk or pasteurized reconstituted
skim milk. It contains not more than eighty per cent moisture.

(ff) Creamed cottage cheese. Creamed cottage cheese is
the soft uncured cheese which is prepared by mixing cottage
cheese with pasteurized cream or with a pasteurized mixture
of cream and milk or skim milk and which contains not less
than four per cent milk fat by weight and not more than
eighty per cent moisture.

(gg) Homogenized milk. Homogenized milk is milk which
has been treated in such a manner as to insure breakup of
the fat globules to such an extent that, after forty-eight hours
of quiescent storage, no visible cream separation occurs on
the milk, and the fat percentage of the top one hundred milliliters
of milk in a quart bottle, or of proportionate volumes
of containers of other sizes, does not differ by more than ten

per cent of itself from the fat percentage of the remaining
milk as determined after thorough mixing. The word "milk"
shall be interpreted to include homogenized milk.

(hh) Milk products. Milk products shall be taken to mean
and to include cream, sour cream, half and half, reconstituted
half and half, whipping cream, concentrated milk, concentrated
milk products, skim milk, nonfat milk, flavored milk,
flavored drink, flavored reconstituted milk, flavored reconstituted
drink, buttermilk, cultured buttermilk, cultured milk,
vitamin D milk, reconstituted or recombined milk, reconstituted
cream, reconstituted skim milk, cottage cheese, creamed
cottage cheese, and any other product made by the addition
of any substance to milk, or to any of these milk products
and used for similar purposes and designated as a milk product
by the health officer.

(ii) Pasteurization. The terms "pasteurization," "pasteurized,"
and similar terms shall be taken to refer to the process
of heating every particle of milk or milk products to at least
143° Fahrenheit, and holding it at such temperature continuously
for at least thirty minutes, or to at least 161° Fahrenheit,
and holding it at such temperature continuously for at
least fifteen seconds, in approved and properly operated
equipment; provided, that nothing contained in this definition
shall be construed as barring any other process which has
been demonstrated to be equally efficient and which is approved
by the state authority.

(jj) Adulterated and misbranded milk and milk products.
Any milk or cream to which water has been added or any
milk or milk product which contains any unwholesome substance,
of which, if defined in this ordinance does not conform
with its definition, shall be deemed to be adulterated.
Any milk or milk product which carries a grade label, unless
such grade label has been awarded by the health officer and
not revoked, or which fails to conform in any other respect
with the statement on the label, shall be deemed to be misbranded.

(kk) Milk producer. A milk producer is any person who
owns or controls one or more cows, a part or all of the milk
or milk products from which is sold or offered for sale.

(ll) Milk distributor. A milk distributor is any person
who offers for sale or sells to another any milk or milk products
for human consumption as such.

(mm) Producer-distributor. A producer-distributor is a
milk producer who is also a milk distributor.

(nn) Dairy or dairy farm. A dairy or dairy farm is any
place or premises where one or more cows are kept, a part
or all of the milk or milk products from which is sold or
offered for sale.

(oo) Producer dairy. A producer dairy is a dairy farm
which sends milk or cream to a milk plant for processing.

(pp) Milk hauler. A milk hauler is any person, other than
a milk producer or a milk-plant employee, who transports
milk or milk products to or from a milk plant or a collecting
point.

(qq) Milk plant. A milk plant is any place, premises or
establishment where milk or milk products are collected,
handled, processed, stored, pasteurized, bottled or prepared
for distribution, except an establishment where milk or milk
products are sold at retail only.

(rr) Health officer. The health authority of the city or its
authorized representatives.

(ss) Average bacterial plate count, direct miscroscopic
count and cooling temperature. Average bacterial plate count
and average direct microscopic count shall be taken to mean
the logarithmic average, and average cooling temperature
shall be taken to mean the arithmetic average, or the respective
test results of the last four consecutive samples, taken
upon separate days, irrespective of the six-month period referred
to in section 17-6. (Code 1959, § 17-1.)

Sec. 17-2. Sale of adulterated, misbranded or ungraded milk
or milk products prohibited.

No person shall, within the city or its police jurisdiction,
produce, sell, offer or expose for sale, or have in possession
with intent to sell, any milk or milk product which is adulterated,
misbranded or ungraded. It shall be unlawful for any
person, elsewhere than in a private home, to have in possession
any adulterated, misbranded or ungraded milk or milk
product; provided, that in an emergency the sale of ungraded
pasteurized milk products may be authorized by the health
officer, upon the approval of the state authority, in which
case they shall be labeled "ungraded."

Any adulterated, misbranded or improperly labeled milk

or milk products may be impounded by the health officer and
disposed of in accordance with state law. (Code 1959, § 17-2.)

Sec. 17-3. Permits.

It shall be unlawful for any person to bring into, send into
or receive into the city or its police jurisdiction for sale, or
to sell, or offer for sale therein, or to have in storage where
milk or milk products are sold or served, any milk or milk
products defined in this chapter, who does not possess a permit
from the health officer of the city.

Every milk producer, milk hauler, milk distributor and
operator of a milk plant shall secure a permit. Only a person
who complies with the requirements of this chapter shall
be entitled to receive and retain such a permit. Permits shall
not be transferable with respect to persons or locations.

Such a permit may be temporarily suspended by the health
officer upon violation by the holder of any of the terms of this
chapter, or for interference with the health officer in the performance
of his duties, or revoked following serious or repeated
violation, after an opportunity for a hearing by the
health officer and an additional person designated by the city
council. (Code 1959, § 17-3.)

Sec. 17-4. Labeling.

All bottles, cans, packages and other containers enclosing
milk or any milk product defined in section 17-1 shall be
plainly labeled or marked with: (1) The name of the contents
as given in the definitions in this chapter; (2) the word
"reconstituted" or "recombined" if included in the name of
the product as given in the definition; (3) the grade of the
contents; (4) the word "pasteurized" only if the contents
have been pasteurized; (5) the word "raw" only if the contents
are raw; (6) the phrase "for pasteurization" if the
contents are to be pasteurized; (7) the name of the producer
if the contents are raw, and the identity of the plant at which
the contents were pasteurized if the contents are pasteurized;
(8) in the case of vitamin D milk or milk products, the designation
"Vitamin D", the source of the Vitamin D, and the
number of U. S. P. units per quart; (9) in the case of concentrated
milk or milk products, the volume or proportion of

water to be added for recombining; and (10) the words
"skim-milk solids added" and the percentage added if such
solids have been added, except that this requirement shall
not apply to reconstituted or recombined milk or milk products;
provided, that only the identity of the producer dairy
shall be required on cans delivered to a milk plant which
receives only one grade of raw milk for pasteurization and
which immediately dumps, washes and returns the cans to
the producer dairy.

The label, or mark, shall be in letters of an approved size,
kind, and color and shall contain no marks or words which
are misleading.

Homogenized milk or homogenized cream shall not be mixed
with milk, skim milk or cream which has not been homogenized,
unless the product is labeled "homogenized" and conforms
with the standards for homogenization in section 17-1,
(gg). (Code 1959, § 17-4.)

Sec. 17-5. Inspection of dairy farms and milk plants.

Prior to the issuance of a permit and at least once every
six months thereafter, the health officer shall inspect all dairy
farms. All milk plants whose milk or milk products are intended
for consumption within the city or its police jurisdiction
shall be inspected monthly. If the health officer should
discover the violation of any requirement, he shall make a
second inspection after a lapse of such time as he may deem
necessary for the defect to be remedied, but not before the
lapse of three days, and the second inspection shall be used
in determining compliance with the requirements of section
17-7. Any violation of the same requirement of this chapter
on such reinspection shall be justification for immediate degrading,
suspension of permit or court action.

One copy of the inspection report shall be posted by the
health officer in a conspicuous place upon an inside wall of
the milkhouse or milk plant, and such inspection report shall
not be defaced or removed by any person except the health
officer. Another copy of the inspection report shall be filed
with the records of the joint health board.

Every milk producer and distributor shall, upon request of
the health officer, permit him access to all parts of the establishment
and every distributor shall furnish the health officer,

upon his request, for official use only, a true statement of the
actual quantities of milk and milk products of each grade
purchased and sold, together with a list of all sources of such
milk and milk products, records of inspections and tests and
pasteurization time and temperature records. (Code 1959, §
17-5.)

Sec. 17-6. Examination of samples of milk and milk products.

During each six-month period, at least four samples of milk
and cream from each dairy farm and at least four samples
of milk, cream and homogenized milk from each milk plant
shall be taken on separate days and examined by the health
officer; provided, that in the case of raw milk for pasteurization,
the health officer may accept the test results of laboratories
which he has checked periodically and found satisfactory.
Samples of other milk products shall be taken and
examined by the health officer at least once during each six-month
period. Samples may be taken at any time prior to
the final delivery of the milk or milk products. Samples of
milk and milk products from stores, cafes, soda fountains,
restaurants and other places where milk or milk products are
sold shall be examined as often as the health officer may require.
All proprietors of such places shall furnish the health
officer, upon his request, with the names of all distributors
from whom their milk and milk products are obtained. Bacterial
plate counts, direct microscopic counts, coliform determinations,
phosphatase tests, efficiency of bactericidal treatment
and other laboratory and screening tests shall conform
to the procedures in the latest edition of "Standard Methods
for the Examination of Dairy Products" recommended by the
American Public Health Association. Examinations may include
such other chemical and physical determinations as the
health officer may deem necessary for the detection of adulteration.
Bio-assays of the vitamin D content of vitamin D
milk and milk products shall be made when required by the
health officer in a laboratory approved by him for such examinations.

Whenever the average bacterial count or the average cooling
temperature of the last four consecutive samples, taken
on separate days, is beyond the limit for the grade then held,
the health officer shall send written notice thereof to the person

concerned, and shall take an additional sample, but not
before the lapse of three days, for determining a new average
in accordance with section 17-1, subsection (ss). Violation of
the grade requirements by the new average or by any subsequent
average during the remainder of the current six-month
period shall call for immediate degrading, suspension of permit
or court action, unless the last individual result is within
the grade limit.

Whenever more than one of the last four consecutive coliform
counts of samples taken on separate days are beyond
the limit for the grade then held, the health officer shall send
written notice thereof to the person concerned. He shall then
take an additional sample, but not before the lapse of three
days. Immediate degrading, suspension of permit or court
action shall be called for when the grade limit is violated by
such additional samples or when the grade limit is again violated
during the remainder of the current six-month period
by more than one of the last four consecutive samples, unless
the last individual result is within the grade limit.

In case of violation of the phosphatase-test requirement,
the problem cause shall be determined and corrected before
milk and milk products from the plant concerned again can be
sold as pasteurized milk or milk products. (Code 1959, §
17-6.)

Sec. 17-7. Grading of milk and milk products.

At least once every six months, the health officer shall
announce the grades of all milk and milk products delivered
by all distributors and ultimately consumed within the city
or its police jurisdiction.

Grades shall be based on the following standards, the grading
of milk products being identical with the grading of milk,
except that the bacterial-count standards shall be doubled in
the case of cream and half and half and shall be omitted in
the case of sour cream, buttermilk, cultured buttermilk, cultured
milk, cottage cheese and creamed cottage cheese. Vitamin
D milk shall be only grade A pasteurized, grade B pasteurized
or certified pasteurized quality. The grade of a
milk product shall be that of the lowest grade of milk or milk
product used in its preparation. (Code 1959, § 17-7.)

Sec. 17-8. Certified milk, raw.

Certified milk, raw, is raw milk which conforms with the
requirements of the American Association of Medical Milk
Commissions in force on October 17, 1956, and which is
produced under the supervision of a medical milk commission
reporting monthly to the health officer and of the state health
authority or the health officer. (Code 1959, § 17-8.)

Sec. 17-9. Grade A raw milk.

Grade "A" raw milk for direct sale to consumer is defined
to be raw milk, the everage bacterial plate count of which,
as determined under sections 17-1, subsection (ss), and 17-6,
does not exceed 50,000 per cubic centimeter, or the average direct
microscopic count of which does not exceed 50,000 per
cubic centimeter if clumps are counted, or 200,000 per cubic
centimeter if individual organisms are counted, or the average
reduction time of which is not less than eight hours, and is
produced by a dairy which conforms with the following items
of sanitation.

Grade A raw milk for pasteurization is defined to be raw
milk from producer dairies conforming with the following
items of sanitation. The bacterial plate count or the direct
microscopic clump count of the milk, as delivered from the
farm, shall not exceed 100,000 per milliliter, as determined
in accordance with section 17-6.

(1r) Cows, health. All milk for pasteurization shall be
from herds that have passed an annual tuberculin test. All
additions to such herds shall be free from tuberculosis. The
tests and retests shall be made and any reactors disposed of,
in accordance with the latest requirements approved by the
Bureau of Animal Industry, United States Department of
Agriculture, for tuberculosis-free, accredited herds, in effect
on October 17, 1956. A certificate identifying each animal,
signed by the veterinarian or attested to by the health officer,
and filed as directed by the health officer, shall be evidence
of the above test.

All milk and milk products for pasteurization shall be from
herds certified by the state livestock sanitary authority as
following either plan A or plan B approved by the BAI for
the eradication of brucellosis. Evidence of this certification

shall be filed as directed by the health officer. All additions
to the herd shall be brucellosis-free. Tests and retests shall
be made, and any reactors disposed of, in accordance with
the latest requirements approved by the BAI, USDA, in effect
on October 17, 1956. A certificate identifying each animal,
signed by the veterinarian and the director of the laboratory
making the test, and filed as directed by the health officer,
shall be evidence of the above test.

Cows which show a complete induration of one quarter or
extensive induration in one or more quarters of the udder
upon physical examination, whether secreting abnormal milk
or not, shall be permanently excluded from the milking herd;
provided, that this shall not apply in the case of a quarter
that is completely dry. Cows giving bloody, stringy or otherwise
abnormal milk, but without entire or extensive induration
of the udder, shall be excluded from the herd until reexamination
shows that the milk has become normal.

For other diseases, such tests and examinations as the
health officer may require after consultation with state livestock
sanitary officials shall be made at intervals and by
methods prescribed by him, and any diseased animals or reactors
shall be disposed of as he may require.

(2r) Milking barn, lighting. A milking barn, stable or
parlor shall be provided. It shall be provided with adequate
light, properly distributed, for both day and night milking.

(3r) Milking barn, air space and ventilation. Such sections
of the milking barn, stable or parlor, where cows are
kept or milked, shall be well ventilated, and shall be so arranged
as to avoid overcrowding.

(4r) Milking barn, floors and animals. The floors and
gutters of that portion of the barn, stable or parlor, in which
cows are milked, shall be constructed of concrete, or other
approved, impervious and easily cleaned material. Floors
and gutters shall be graded so as to drain properly and shall
be kept clean and in good repair. No swine, horses or fowl
shall be permitted in the milking barn, stable or parlor.

(5r) Milking barn, walls and ceilings. The interior walls
and ceilings of the milking barn shall be smooth, shall be
painted as often as may be necessary or finished in an approved
manner and shall be kept clean and in good repair.
In case there is a second story above the milking barn, the

ceiling shall be tight and smooth. If feed is ground or mixed,
or sweet feed is stored in a feed room or feed storage space
adjoining the milking space, it shall be separated therefrom
by a dust-tight partition and door. No feed shall be stored
in the milking portion of the barn. In new construction, the
joists or rafters that form the ceiling of all barns, and the
studding in the walls of frame buildings shall be covered with
a smooth surface material, i. e., asbestos board, T & G wood
boards, gypsum board, plaster, metal, that can be easily
washed or painted. Masonry and concrete walls shall be
reasonably smooth to facilitate cleaning and painting. All
milking barns or parlors constructed after January 1, 1953,
shall be constructed according to approved plans.

(6r) Cow yard. The cow yard shall be graded and drained
as well as practicable and so kept that there are no standing
pools of water nor accumulation of organic wastes. Swine
shall be kept out and not permitted nearer than one hundred
feet from barn or milkhouse. Entrance lanes and cow holding
pens adjacent to the milking barn or parlor and milkhouse,
and not under cover and properly bedded, shall be
paved with concrete or other impervious material, unless
other satisfactory means are used to prevent development of
muddy conditions. Cows shall not be permitted in area adjacent
to the milking barn or milkhouse except on entrance
lane, i. e., holding pen for milking barn or parlor only; provided,
that in loafing or pen-type barn manure droppings
shall be removed or clean bedding added at sufficiently frequent
intervals to prevent the accumulation of manure on
cows' udders and flanks.

(7r) Manure disposal. All manure shall be removed to a
distance of fifty feet from milking barn and milkhouse and
stored or disposed of in such manner as best to prevent the
breeding of flies therein and the access of cows to piles
thereof.

(8r) Milkhouse or room, construction and equipment.

(a) There shall be provided a milkhouse or milk room in
which the cooling, handling and storing of milk and milk
products and the washing, bactericidal treatment and storing
of milk containers and utensils shall be done. The milkhouse
or room shall be provided with a tight floor constructed of
concrete or other impervious material, in good repair, and
graded to provide proper drainage to be trapped drain.

(b) It shall have the walls and ceiling of such construction
as to permit easy cleaning, and shall be well painted or
finished in an approved manner.

(c) It shall have all openings effectively screened, including
outward-opening, self-closing doors, unless other effective
means are provided to prevent the entrance of flies.

(d) It shall be used for no purposes other than those specified
above; shall not open directly into a stable or into any
room used for domestic purposes; shall have water piped into
it; shall be provided with adequate facilities for the heating
of water for the cleaning of utensils; shall be equipped with
two-compartment stationary wash and rinse vats, except that
in the case of retail raw milk, if chlorine is employed as the
principal bactericidal treatment, the three-compartment type
must be used; and shall be partitioned to separate the handling
of milk and the storage of cleansed utensils from the
cleaning and other operations, which shall be so located and
conducted as to prevent any contamination of the milk or of
cleaned equipment.

All milkhouses constructed after January 1, 1953, shall be
constructed according to approved plans.

(9r) Milkhouses or room, cleanliness and flies. The floors,
windows, walls, ceilings and equipment of the milkhouse or
room shall be kept clean at all times. All means necessary
for the elimination of flies shall be used.

(10r) Toilet. Every dairy farm shall be provided with
one or more sanitary toilets, conveniently located, and properly
constructed, operated and maintained, so that the waste
is inaccessible to flies, and does not pollute the surface soil
nor contaminate any water supply.

(11r) Water supply. Water for all dairy purposes shall
be from a supply properly located, protected and operated,
and shall be easily accessible, adequate and of a safe, sanitary
quality.

(12r) Utensils, construction. All multi-use containers,
equipment and other utensils used in the handling, storage
or transportation of milk or milk products shall be made of
smooth, nonabsorbent, noncorrodible, nontoxic material, shall
be so constructed as to be easily cleaned, and shall be kept
in good repair. Joints and seams shall be welded or soldered
flush. Woven-wire cloth shall not be used for straining milk.
When milk is strained, strainer pads shall be used and shall

not be re-used. All milk pails obtained hereafter shall be of
the seamless, hooded type. All single-service articles used
shall have been manufactured, packaged, transported and
handled in a sanitary manner.

(13r) Utensils, cleaning. All multi-use containers, equipment
and other utensils used in the handling, storage or
transportation of milk and milk products shall be thoroughly
cleaned after each usage.

(14r) Utensils, bactericidal treatment. All multi-use containers,
equipment and other utensils used in the handling,
storage or transportation of milk or milk products shall,
before each usage, be subjected effectively to an approved
bactericidal process utilizing steam, hot water, chemicals or
hot air.

(15r) Utensils, storage. All containers and other utensils
used in the handling, storage or transportation of milk or
milk products, unless stored in bactericidal solutions, shall be
stored so as to drain dry and so as not to become contaminated
before being used.

(16r) Utensils, handling. After bactericidal treatment,
containers and other milk and milk-product utensils shall be
handled in such manner as to prevent contamination of any
surface with which milk or milk products come into contact.

(17r) Milking, udders and teats and abnormal milk. Milking
shall be done in the milking barn or parlor. The udders
and teats of all milking cows shall be clean and wiped with
an approved bactericidal solution at the time of milking. Abnormal
milk shall be kept out of the milk supply and shall
be so handled and disposed of as to preclude the infection of
the cows and the contamination of milk utensils.

(18r) Milking, flanks. The flanks, bellies and tails of all
milking cows shall be free from visible dirt at the time of
milking, and the hind legs, flanks and udders shall be clipped
so that the hair is kept short at all times. All brushing shall
be completed before milking commences.

(19r) Milkers' hands. Milkers' hands shall be washed
clean, rinsed with an effective bactericidal solution, and dried
with a clean towel, immediately before milking and immediately
after any interruption in the milking operation. Wet-hand
milking is prohibited. Convenient facilities shall be provided
for the washing of milkers' hands. No person with an

infected cut or lesion on hands or arms shall milk cows or
handle milk or milk utensils.

(20r) Clean clothing. Milkers and milk handlers shall
wear clean outer garments while milking or handling milk,
milk products, containers, utensils or equipment.

(21r) Milk stools. Milk stools and surcingles shall be kept
clean.

(22r) Removal of milk. Each pail or can of milk shall be
removed immediately to the milkhouse or straining room.
No milk shall be strained or poured in the barn, unless it is
protected from flies and other contamination.

(23r) Cooling. Milk for pasteurization shall be cooled immediately
to fifty degrees Fahrenheit or less and shall be
maintained at that temperature as determined in accordance
with section 17-6, until delivered.

(24r) Vehicles and surroundings. All vehicles used for
the transportation of milk or milk products shall be constructed
and operated so as to protect their contents from the
sun, from freezing and from contamination.

The immediate surroundings of the dairy shall be kept in
a clean, neat condition. (Code 1959, § 17-9.)

Sec. 17-10. Grade B raw milk for pasteurization.

Grade B raw milk for pasteurization is raw milk which
does not meet the bacterial standard for grade A raw milk for
pasteurization, but which conforms with all other requirements.
The bacterial plate count or the direct miscroscopic
clump count of the milk, as delivered from the farm, shall not
exceed 1,000,000 per milliliter, as determined in accordance
with section 17-6. (Code 1959, § 17-10.)

Sec. 17-11. Grade C raw milk for pasteurization.

Grade C raw milk for pasteurization is raw milk which
does not meet the requirements for grade B raw milk for
pasteurization. (Code 1959, § 17-11.)

Sec. 17-12. Certified milk, pasteurized.

Certified milk, pasteurized, is certified milk, raw, which
has been pasteurized, cooled, and bottled in a milk plant which

conforms with the requirements for grade A pasteurized milk.
(Code 1959, § 17-12.)

Sec. 17-13. Grade A pasteurized milk.

Grade A pasteurized milk is grade A raw milk for pasteurization
which has been pasteurized, cooled and placed in
the final container in a milk plant which conforms with the
items of sanitation described below. In all cases the milk
shall show efficient pasteurization as evidenced by satisfactory
phosphatase test, and at no time after pasteurization
and before delivery shall the milk have a bacterial plate count
exceeding 30,000 per milliliter, or a coliform count exceeding
10 per milliliter, as determined in accordance with section
17-6; provided, that the raw milk at no time between dumping
and pasteurization shall have a bacterial plate count or
direct microscopic clump count exceeding 200,000 per milliliter.

The grading of pasteurized milk supply shall include the
inspection of receiving and collecting stations with respect to
compliance with items (1p) to (15p), inclusive, and (17p),
(19p), (21p), (22p) and (23p), except that the partitioning
requirement of item (5p) shall not apply.

(1p) Floors. The floors of all rooms in which milk or milk
products are handled or stored or in which milk utensils are
washed shall be constructed of concrete or other equally impervious
and easily cleaned material and shall be smooth,
properly drained, provided with trapped drains and kept clean
and in good repair.

(2p) Walls and ceilings. Walls and ceilings of rooms in
which milk or milk products are handled or stored or in which
milk utensils are washed shall have a smooth, washable, light-colored
surface and shall be kept clean and in good repair.

(3p) Doors and windows. Unless other effective means are
provided to prevent the access of flies, all openings to the
outer air shall be effectively screened and all doors shall be
self-closing.

(4p) Lighting and ventilation. All rooms shall be well
lighted and well ventilated.

(5p) Miscellaneous protection from contamination. The
various milk plant operations shall be located and conducted
so as to prevent any contamination of the milk or of cleaned

equipment. All necessary means shall be used for the elimination
of flies, other insects and rodents. There shall be
separate rooms for: (a) The pasteurizing, processing, cooling
and bottling operations, and (b) the washing and bactericidal
treatment of containers. Cans of raw milk shall not be
unloaded directly into the pasteurizing room. Rooms in which
milk, milk products, cleaned utensils or containers are handled
and stored shall not open directly into any stable or living
quarters. The pasteurization plant, milk containers, utensils
and equipment shall be used for no purposes other than
the processing of milk and milk products and the operations
incident thereto, except as may be approved by the health
officer.

(6p) Toilet facilities. Every milk plant shall be provided
with toilet facilities conforming with the ordinances of the
city. Toilet rooms shall not open directly into any room in
which milk, milk products, equipment or containers are handled
or stored. The doors of all toilet rooms shall be self-closing.
Toilet rooms shall be kept in a clean condition, in
good repair and well ventilated. A sign directing employees
to wash their hands before returning to work shall be posted
in all toilet rooms used by employees. Where privies or earth
closets are permitted and used they shall be separate from
the building and shall be of sanitary type, located, constructed
and operated in conformity with the requirements of item
(10r).

(7p) Water supply. The water supply shall be easily accessible,
adequate and of a safe, sanitary quality.

(8p) Hand-washing facilities. Convenient hand-washing
facilities shall be provided, including hot and cold running
water, soap and approved sanitary towels. Hand-washing
facilities shall be kept clean. The use of a common towel is
prohibited. No employees shall resume work after using the
toilet room without having washed their hands.

(9p) Sanitary piping. All piping used to conduct milk or
milk products shall be "sanitary milk piping" of a type which
can be easily cleaned. Pasteurized milk and milk products
shall be conducted from one piece of equipment to another
only through sanitary milk piping.

(10p) Construction and repair of containers and equipment.
All multi-use containers and equipment with which

milk or milk products come into contact shall be of smooth,
impervious, noncorrodible, nontoxic material, shall be so constructed
and so located as to be easily cleaned and shall be
kept in good repair. All single-service containers, closures,
gaskets and other articles used shall have been manufactured,
packaged, transported and handled in a sanitary manner.

(11p) Disposal of wastes. All wastes shall be properly disposed
of. All plumbing and equipment shall be so designed
and so installed as to prevent contamination of milk equipment
by backflow.

(12p) Cleaning and bactericidal treatment of containers
and equipment. All milk and milk product containers and
equipment, except single-service containers, shall be thoroughly
cleaned after each usage. All such containers shall
be subjected effectively to an approved bactericidal process
before each usage. When empty, and before being returned
to a producer by a milk plant, each container shall be thoroughly
cleaned and subjected to an effective, approved bactericidal
process.

(13p) Storage of containers and equipment. After bactericidal
treatment, all bottles, cans and other multi-use milk
or milk product containers and equipment shall be transported
and stored in such a manner as to be protected from contamination.

(14p) Handling of containers and equipment. Between
bactericidal treatment and usage, containers and equipment
shall not be handled or operated in such a manner as to permit
contamination of the milk. Pasteurized milk or milk
products shall not be permitted to come into contact with
equipment with which unpasteurized milk or milk products
have been in contact, unless the equipment has first been
thoroughly cleaned and effectively subjected to an approved
bactericidal process. No milk or milk products shall be permitted
to come into contact with equipment with which ungraded
or a lower grade of milk or milk products has been
in contact, unless the equipment has first been thoroughly
cleaned and effectively subjected to an approved bactericidal
process.

(15p) Storage of caps, parchment paper and single-service
containers. Milk bottle caps or cap stock, parchment paper
for milk cans, single-service containers and gaskets shall be

purchased and stored only in sanitary tubes, wrappings or
cartons, shall be kept therein in a clean, dry place until used
and shall be handled in a sanitary manner.

(16p) Pasteurization. Pasteurization shall be performed
as described in section 17-1, subsection (ii).

(17p) Cooling. All milk and milk products received for
pasteurization shall be cooled immediately in approved equipment
to fifty degrees Fahrenheit or less and shall be maintained
at that temperature until pasteurized, unless they are
pasteurized within two hours after receipt; and all pasteurized
milk and milk products, except those to be cultured, shall be
cooled immediately in approved equipment to a temperature
of fifty degrees Fahrenheit or less, and shall be maintained
thereat until delivery, as determined in accordance with section
17-6.

(18p) Bottling and packaging. Bottling and packaging of
milk and milk products shall be done at the place of pasteurization
in approved mechanical equipment.

(19p) Overflow milk. Overflow milk or milk products shall
not be sold for human consumption.

(20p) Capping. Capping of milk and milk products shall
be done in a sanitary manner by approved mechanical equipment.
Hand capping is prohibited. The cap or cover shall
protect the pouring lip to at least its largest diameter.

(21p) Personnel, health. The health officer or a physician
authorized by him shall examine and take a careful morbidity
history of each person connected with a pasteurization
plant, or about to be employed by one, whose work will bring
him into contact with the processing, handling, storage or
transportation of milk, milk products, containers or equipment.
If such examination or history should suggest that
such person may be a carrier of, or infected with, the organisms
of typhoid or paratyphoid fever or any other communicable
disease likely to be transmitted through milk, he shall
secure appropriate specimens of body discharges and cause
them to be examined in a laboratory approved by him or by
the state health authorities for such examination, and, if the
results justify, such persons shall be barred from such employment.

Such persons shall furnish such information, submit to
such physical examination, and submit such laboratory specimens

as the health officer may require for the purpose of
determining freedom from infection.

No person with an infected cut or lesion on hands or arms
shall handle milk, milk products, milk containers or milk
equipment.

(22p) Personnel, cleanliness. All persons who come into
contact with milk, milk products, containers or equipment
shall wear clean outer garments and shall keep their hands
clean at all times while engaged in such work.

(23p) Vehicles. All vehicles used for the transportation
of milk or milk products shall be constructed and operated
so as to protect their contents from the sun, from freezing
and from contamination. All vehicles used for the distribution
of milk or milk products shall have the name of the distributor
prominently displayed thereon.

Milk tank cars and tank trucks shall comply with the construction,
cleaning, bactericidal treatment, storage and handling
requirements of items (5p), (10p), (12p), (13p) and
(14p). While containing milk, cream or milk products, they
shall be sealed and labeled in an approved manner. For each
tank shipment, a bill of lading containing all necessary information
shall be prepared in triplicate, and shall be kept
on file by the shipper, the consignee, and the carrier for a
period of six months for the information of the health officer.
(Code 1959, § 17-13.)

Sec. 17-14. Grade B pasteurized milk.

Grade B pasteurized milk is pasteurized milk which does
not meet the bacterial-count standard for grade A pasteurized
milk or the provision of lip-cover caps of item (20p) or
the requirement that grade A raw milk for pasteurization to
be used, but which conforms with all other requirements for
grade A pasteurized milk and has been made from raw milk
for pasteurization of not less than grade B quality, and has
a bacterial plate count after pasteurization and before delivery
not exceeding 50,000 per milliliter as determined in
accordance with section 17-6. (Code 1959, § 17-14.)

Sec. 17-15. Grade C pasteurized milk.

Grade C pasteurized milk is pasteurized milk which does

not meet the requirements for grade B pasteurized milk. (Code
1959, § 17-15.)

Sec. 17-16. Grades of milk and milk products which may be
sold.

No milk or milk products shall be sold to the final consumer
or to restaurants, soda fountains, grocery stores or similar
establishments, except certified pasteurized and grade A pasteurized;
provided, that any distributor holding a permit to
distribute grade A raw milk on October 17, 1956, may continue
to sell such raw milk to the ultimate consumer until
such time as this ordinance may be amended so as to prohibit
such sale of raw milk; provided further, that when any
milk distributor fails to qualify for one of the above grades,
the health officer is authorized to suspend his permit or to
institute court action, or, in lieu thereof, to degrade his product
and to permit its sale during a temporary period not exceeding
thirty days or in emergencies such longer period as
he may deem necessary. (Code 1959, § 17-16.)

Sec. 17-17. Supplementary regrading; reinstatement of permit.

If at any time between regular announcements of the
grades of milk or milk products, a lower grade shall become
justified, in accordance with sections 17-5, 17-6 or 17-7, the
health officer shall immediately lower the grade of such milk
or milk products, and shall enforce proper labeling thereof.

Any producer or distributor of milk or milk products the
grade of which has been lowered by the health officer, and
who is properly labeling his milk and milk products, or whose
permit has been suspended at any time may make application
for the regrading of his products or the reinstatement of his
permit.

Upon receipt of a satisfactory application for regrading or
reinstatement of permit based on correction of a violation of
any bacteriological or cooling-temperature standard, the
health officer shall take further samples at the rate of not
more than two per week and shall approve the application
upon compliance with the grade requirements as determined
in accordance with section 17-6; provided, that if samples are

not available because of suspension of permit to operate, or
for other reasons, the health officer may issue a temporary
permit upon satisfying himself, by inspection of the facilities
and operating methods, that the conditions responsible for
the violation have been corrected, with final reinstatement of
permit conditional upon subsequent bacteriological or temperature
findings.

In case the lowered grade of the applicant's product or the
permit suspension has been due to a violation of an item other
than bacteriological standards or cooling temperature, the
application shall be accompanied by a statement, signed by
the applicant, to the effect that the violated item of the specifications
has been corrected. Within one week of the receipt
of such an application and statement, the health officer shall
make a reinspection of the applicant's establishment and
thereafter as many additional reinspections as he may deem
necessary to assure himself that the applicant is again complying
with the higher grade requirements, and, in case the
findings justify, shall regrade the milk or milk products upward
or reinstate the permit. (Code 1959, § 17-17.)

Sec. 17-18. Transferring or dipping milk; delivery containers;
cooling; quarantined residences.

Except as permitted in this section, no milk producer or
distributor shall transfer milk or milk products from one container
to another on the street or in any vehicle or store or
any place except a bottling or milkroom especially used for
that purpose. The sale of dip milk is hereby prohibited.

Milk and fluid-milk products sold in the distributor's containers
in quantities of one gallon or less shall be delivered in
standard milk bottles or in single-service containers. It shall
be unlawful for hotels, soda fountains, restaurants, groceries
and similar establishments to sell or serve any milk or fluid-milk
products except in the individual, original container in
which it was received from the distributor, or from a bulk
container equipped with an approved dispensing device; provided,
that this requirement shall not apply to cream, whipped
cream or half and half which is consumed on the premises
and which may be served from the original bottle or from a
dispenser approved for such service, nor to milk served at
hospitals and institutions, which may be served with one-quart

containers packaged at a milk plant, nor to mixed milk
drinks requiring less than one-half pint of milk, which may
be poured from one-quart or two-quart containers packaged
at a milk plant.

It shall be unlawful for any hotel, soda fountain, restaurant,
grocery, hospital or similar establishment to sell or
serve any milk or milk product which has not been maintained,
while in its possession, at a temperature of fifty degrees
Fahrenheit or less. If containers of milk or milk products
are stored in water for cooling, the pouring lips of the
containers shall not be submerged.

It shall be the duty of all persons to whom milk or milk
products are delivered to clean thoroughly the containers in
which such milk or milk products are delivered before returning
such containers.

The delivery of milk or milk products to, and the collection
of milk or milk-product containers from, residences in which
cases of communicable disease transmissible through milk
supplies exist, shall be subject to the special requirements of
the joint health board. (Code 1959, § 17-18.)

Sec. 17-19. Milk and milk products from points beyond the
limits of routine inspection of the city.

Milk and milk products from points beyond the limits of
routine inspection of the city may not be sold in the city, or
its police jurisdiction, unless produced or pasteurized under
provisions which are substantially equivalent to the requirements
of this chapter, and which are enforced with equal
effectiveness, as determined by a milk-sanitation rating. Such
rating shall be made as prescribed in U. S. Public Health
Service bulletin covering ratings. (Code 1959, § 17-19.)

Sec. 17-20. Future dairies and milk plants.

All dairies and milk plants from which milk or milk products
are supplied to the city which are hereafter constructed,
reconstructed or extensively altered shall conform in their
construction to the grade A requirements of this chapter.
Properly prepared plans for all dairies and milk plants, which
are hereafter constructed, reconstructed or extensively altered,
shall be submitted to the joint health board for approval

before work is begun. In the case of milk plants, signed approval
shall be obtained from the joint health board. (Code
1959, § 17-20.)

Sec. 17-21. Notification of disease.

No person with any disease in a communicable form, or
who is a carrier of such disease, shall work at any dairy farm
or milk plant in any capacity which brings him into contact
with the production, handling, storage or transportation of
milk, milk products, containers or equipment and no dairy
farm or milk plant shall employ in any such capacity any
such person or any person suspected of having any disease
in a communicable form or of being a carrier of such disease.
Any producer or distributor of milk or milk products upon
whose dairy farm, or in whose milk plant, any communicable
disease occurs, or who suspects that any employee has contracted
any disease in a communicable form or has become a
carrier of such disease, shall notify the joint health board immediately.
A placard containing these requirements shall be
posted at dairy farms and milk plants. (Code 1959, § 17-2.)

Sec. 17-22. Procedure when infection suspected.

When reasonable cause exists to suspect the possibility of
transmission of infection from any person concerned with the
handling of milk or milk products, the health officer is authorized
to require any or all of the following measures:
(1) The immediate exclusion of that person for milk handling;
(2) the immediate exclusion of the milk supply concerned
from distribution and use; (3) adequate medical and
bacteriological examination of the person, of his associates
and of his and their body discharges. (Code 1959, § 17-22.)

Sec. 17-23. Enforcement interpretation.

This ordinance shall be enforced by the health officer in
accordance with the interpretations thereof contained in Milk
Code—1953 Recommendations of the Public Health Service,
a certified copy of which shall be kept on file in the office of the
clerk of the council. (Code 1959, § 17-23.)

Sec. 17-24. Agreement between joint health department and
state department of agriculture.

The joint health board is hereby authorized to permit the
joint health director to enter into an agreement between the
joint health department and the state commissioner of agriculture,
whereby the state department of agriculture is responsible
for carrying out the activities and procedures related
to the supervision and inspection of milk production and
raw milk distribution and the control procedures related thereto,
and the joint health department is responsible for carrying
out the activities and procedures related to the supervision and
inspection of milk processing and milk products processing
and distribution for consumption and the control procedures
related thereto, as may be more fully set forth in such agreement.
So long as such an agreement is in force, the provisions
of the agreement shall take precedence over any other section
of this chapter to the contrary notwithstanding. (10-3-60.)

CHAPTER 18.

Motor Vehicles and Traffic.[157]

Article I. In General.

§ 18-1. Adoption of state law.

§ 18-2. Supervision by city manager and chief of police.

§ 18-3. Regulatory powers of city manager and chief of police.

§ 18-4. Obedience to police.

§§ 18-5 to 18-11. Repealed.

§ 18-12. Injuring, tampering or interfering generally with vehicles.

§ 18-13. Authority of fire department officials to direct traffic.

§ 18-14. Display of city license plate, tag or other indicia of license.

§ 18-15. Operating automobile without driver's permit.

§§ 18-16 to 18-19. Repealed.

§ 18-19.1. Impeding traffic due to lack of snow tires or chains.

§ 18-19.2. Removal and disposition of certain unattended or abandoned vehicles;
sale; disposition of proceeds; contracts for removal of vehicles.

§§ 18-20 to 18-22.1. Repealed.

Article II. Repealed.

§§ 18-23 to 18-26. Repealed.

Article III. Operation of Vehicles Generally.

§§ 18-27 to 18-32.2. Repealed.

§ 18-33. Maximum and minimum speed limits; posting, etc., of school zones.

§§ 18-34 to 18-67. Repealed.

Article IV. Stopping, Standing and Parking.

Division 1. In General.

§ 18-68. Authority of city manager and chief of police.

§ 18-68.1. Parking regulations within University of Virginia.

§ 18-69. When provisions of article applicable.

§ 18-70. Provisions not exclusive.

§ 18-71. Parking prohibited at all times on certain streets.

§ 18-72. Parking, etc., prohibited during designated hours on signed streets.

§ 18-73. Parking on streets on which parking time limit is designated by signs.

§ 18-74. Parking to be in accordance with signs, signals, etc.

§ 18-75. Repealed.

§ 18-76. Parking for purposes of sale or advertisement.

§ 18-77. Parking in certain streets between certain hours.

§ 18-78. Parking of busses, trucks, etc., between midnight and 6:00 A. M.

§ 18-78.1. Temporary parking prohibitions to expedite traffic, aid snow removal,
etc.

§ 18-79. Repealed.

§ 18-79.1. Parking of inoperable vehicles on streets prohibited; removal of same.

§ 18-80. Owner of vehicle prima facie guilty of violation.

§ 18-81. Penalty.

Division 2. Parking Meters.

§ 18-82. Time and manner of parking in meter parking zone.

§ 18-83. Parking meter zones established; authority of city manager to change.

§ 18-84. Installation and operation of meters.

§ 18-85. Designating parking meter spaces; manner of parking in spaces.

§ 18-86. Deposit of coins; overtime parking; other provisions as to parking not
affected.

§ 18-87. Slugs, etc.

§ 18-88. Injuring or tampering with meter.

§ 18-89. Parking for purpose of making sales.

§ 18-90. Deposits required levied as fees for certain purposes.

§ 18-91. Loading zones, bus stops, etc., in parking meter zones.

§ 18-92. Use of meter space for making deliveries, receiving passengers, etc.

§ 18-93. Division applicable only to parking between certain hours.

Division 3. Permit Parking Zones.

§ 18-93.1. Zones designated; display of permits.

§ 18-93.2. Rules and regulations.

§ 18-93.3. Violations.

Article V. Equipment.

§§ 18-94 to 18-105. Repealed.

§ 18-106. Restrictions as to equipment traveling upon streets.

§§ 18-107 to 18-131. Repealed.

§ 18-132. Lights on parked vehicles.

§ 18-133. Repealed.

Article VI. Repealed.

§§ 18-134 to 18-148. Repealed.

Article VII. Accidents.

§ 18-149. Reports required.

§§ 18-150 to 18-160. Repealed.

Article VIII. Repealed.

§§ 18-161 to 18-171. Repealed.

Article IX. Automobile Graveyards.

§ 18-172. Defined.

§ 18-173. Fencing required in residential zones.

§ 18-174. Burning prohibited in residential zones.

§ 18-175. Piling contents higher than fence; permitting contents to be or remain
outside fence.

Article X. Vending in Streets from Vehicles.

§ 18-176. Definitions.

§ 18-177. Vehicles subject to article.

§ 18-178. Impeding traffic prohibited; parking, etc., prohibited except to transact
business.

§ 18-179. Stopping near schools.

§ 18-180. Stopping prohibited on certain streets.

§ 18-181. Regulations as to sales.

§ 18-182. Maximum number of vehicles permitted to vend within one block.

§ 18-183. Amber signal lights required on vehicles.

§ 18-184. Use of noise-making devices restricted.

§ 18-185. Refuse disposal.

§ 18-186. Exemptions from article.

Article XI. Highway Safety Commission.

§ 18-187. Reestablished; composition; appointment and terms of members;
meetings; duties.

Article XII. Pedestrians.

§ 18-188. Reserved.

§ 18-189. Right-of-way of pedestrians.

Article I. In General.

Sec. 18-1. Adoption of state law.

Pursuant to the authority of section 46.1-188 of the Code of
Virginia, as amended, all of the provisions and requirements of
the laws of the state contained in Title 46.1 of the Code of
Virginia, as amended, and in force on July 1, 1974, except those
provisions and requirements the violation of which constitute a
felony, and except those provisions and requirements which by
their very nature can have no application to or within the city, are
hereby adopted and incorporated in this chapter by reference and
made applicable within the city. References to "highways of the
state" contained in such provisions and requirements hereby
adopted shall be deemed to refer to the streets, highways and
other public ways within the city. Such provisions and
requirements are hereby adopted, mutatis mutandis, and made a
part of this chapter as fully as though set forth at length herein,
and it shall be unlawful for any person, within the city, to
violate or fail, neglect or refuse to comply with any provision of
Title 46.1 of the Code of Virginia which is adopted by this section;
provided, that in no event shall the penalty imposed for the
violation of any provision or requirement hereby adopted exceed
the penalty imposed for a similar offense under Title 46.1 of the
Code of Virginia. (3-19-73; 7-1-74.)

Sec. 18-2. Supervision by city manager and chief of police.

The city manager and the chief of police shall have general

supervision and control of the operation and parking of vehicles in
the interest of public safety, comfort and convenience, not
inconsistent with the provisions of this chapter or of Title 46.1 of
the Code of Virginia. (Code 1959, § 18-2.)

Sec. 18-3. Regulatory powers of city manager and chief of
police.[158]

The city manager and the chief of police shall have power to
regulate traffic by means of traffic officers or semaphores or
other signaling devices on any portion of a street where traffic
is heavy or continuous, or where in their judgment conditions
may require, and may regulate the use of the streets by
processions or assemblages.

The city manager and the chief of police may also, when and
where conditions require:

Adopt any such regulations not in conflict with the provisions
of this chapter as they shall deem advisable and necessary, and
repeal, amend or modify any such regulations; provided, that
such regulations, laws or rules shall not be deemed to be violated
if, at the time of the alleged violation, any sign or designation
required under the terms of this chapter was missing, effaced,
mutilated or defaced, so that an ordinarily observant person,
under the same circumstances, would not be apprised of or aware
of the existence of such rule.

Adopt regulations requiring all vehicles to come to a full stop or
yield the right of way at any street intersection other than
vehicles on a street which has been designated as a part of the
primary system of state highways.

Designate by appropriate signs or markers one-way streets and
truck routes.

The chief of police shall have authority to erect and maintain
upon the sidewalks and streets of the city such signs, signals and
other devices for handling traffic as he may deem necessary,
provided the same are placed in accordance with

traffic regulations which have been approved by the city manager.

It shall be unlawful for any person to violate any such
traffic regulation, sign, signal or other device for handling
traffic. (Code 1959, § 18-3.)

Sec. 18-4. Obedience to police.

Persons using the sidewalks and streets of the city shall
comply at all times and places with any direction by voice,
hand, whistle, sign or signal from any member of the police
force as to the starting, stopping, slowing, parking, loading or
unloading of vehicles or the discharge of passengers. (Code
1959, § 18-4.)

Secs. 18-5 to 18-11. Repealed.

Sec. 18-12. Injuring, tampering or interfering generally with
vehicles.[159]

No person shall individually or in association with one or
more others wilfully break, injure, tamper with or remove
any part of any motor vehicle, trailer or semitrailer for the
purpose of injuring, defacing or destroying such motor vehicle,
trailer or semitrailer or temporarily or permanently
preventing its useful operation, or for any purpose, against
the will or without the consent of the owner of such motor
vehicle, trailer or semitrailer, nor shall any person in any
other manner wilfully or maliciously interfere with or prevent
the running or operation of such motor vehicle, trailer
or semitrailer.

No person shall, without the consent of the owner or person
in charge of a motor vehicle, trailer or semitrailer, climb
into or upon such motor vehicle, trailer or semitrailer with
intent to commit any crime, malicious mischief or injury
thereto or, while a motor vehicle, trailer or semitrailer is at
rest and unattended, attempt to manipulate any of the levers

and starting crank or other device, brakes or mechanism
thereof or to set such motor vehicle, trailer or semitrailer
in motion, except that the foregoing provision shall not apply
when any such act is done in an emergency or in furtherance
of public safety or by or under the direction of an officer in
the regulation of traffic or the performance of any other official
duty. (Code 1959, § 18-12.)

Sec. 18-13. Authority of fire department officials to direct
traffic.

Officers of the fire department may direct or assist the
police in directing traffic at or in the immediate vicinity of a
fire, and while so acting, shall have all the authority of peace
officers. (Code 1959, § 18-13.)

Sec. 18-14. Display of city license plate, tag or other indicia
of license.[160]

License number plates, tags or other indicia of license shall
be issued each year by the city to each owner of a motor
driven vehicle on which the city license tax has been paid.
Any license number plate shall always be in evidence upon
the front or rear of each machine and shall be maintained in
such a condition as to be legible at all times. Decalcominia or
other stickers issued by the city shall be attached to the
lower right-hand side of the windshield or to such other location
as the director of finance shall direct on vehicles not
equipped with windshields. (Code 1959, § 18-14; 2-20-73.)

Sec. 18-15. Operating automobile without driver's permit.

It shall be unlawful for any person to operate on the streets
of the city any motor vehicle unless such person shall have
secured a driver's permit as required by the laws of the state
and such permit is in force. (Code 1959, § 18-15.)

Secs. 18-16 to 18-19. Repealed.

Sec. 18-19.1. Impeding traffic due to lack of snow tires or
chains.[161]

It shall be unlawful for the operator of any motor vehicle
to block or impede the orderly flow of traffic on any street
within the city by reason of not having adequate snow tires
or tire chains on his vehicle when snow or ice is on the city
streets. Any violation of this section shall be punished by a
fine not exceeding twenty-five dollars for each such offense.
The city manager or his duly authorized representative may
have any vehicles which have become stalled, stuck or abandoned
and are impeding the orderly flow of traffic in violation
of this section towed away to a storage lot or garage, and the
owner of such vehicle shall pay the cost of such storage and
towing, and these charges may be recovered by civil warrant
and shall be in addition to any fines levied pursuant to this
section. (12-3-62.)

Sec. 18-19.2. Removal and disposition of certain unattended
or abandoned vehicles; sale; disposition of
proceeds; contracts for removal of vehicles.[162]

(a) Definitions. For the purposes of this section, the following
words and phrases shall have the meanings respectively
ascribed to them by this subsection:

(1) Abandoned Motor Vehicle. A motor vehicle,
trailer or semitrailer or part thereof that:

a. is inoperable and is left unattended on public property
for more than seventy-two hours, or

b. has remained illegally on public property for a period
of more than seventy-two hours, or

c. has remained on private property without the consent
of the owner or person in control of the property for
more than forty-eight hours.

(2) Demolisher. Any person, firm or corporation whose
business is to convert a motor vehicle, trailer or semitrailer
into processed scrap or scrap metal or otherwise to wreck; or
dismantle such vehicles.

(b) City manager authorized to take abandoned vehicles
into custody. The city manager may take into custody any
abandoned motor vehicle. In such connection, the city manager
may employ city personnel, equipment and facilities or
hire persons, equipment and facilities or firms or corporations
who may be independent contractors for the purpose of
removing, preserving and storing abandoned motor vehicles.

(c) Notice to owner of vehicle taken into custody.

(1) When the city manager takes into custody an abandoned
motor vehicle, he shall notify, within fifteen days thereof,
by registered or certified mail, return receipt requested,
the owner of record of the motor vehicle and all persons
having security interests therein of record, that the vehicle
has been taken into custody. The notice shall describe the
year, make, model and serial number of the abandoned motor
vehicle, set forth the location of the facility where the motor
vehicle is being held, inform the owner and any persons having
security interests of their right to reclaim the motor vehicle
within three weeks after the date of the notice, upon
payment of all towing, preservation and storage charges resulting
from placing the vehicle in custody, and state that
the failure of the owner or persons having security interests
to exercise their right to reclaim the vehicle within the time
provided shall be deemed a waiver by the owner, and all persons
having any security interests, of all right, title and interest
in the vehicle, and consent to the sale of the abandoned
motor vehicle at a public auction.

(2) If records of the division contain no address for the
owner or no address of any person shown by such records
to have a security interest, or if the identity and addresses of

Chauffeur. Every person employed for the principal purpose
of operating a motor vehicle and every person who drives
a motor vehicle while in use as a public or common carrier
of persons or property.

Commission. The state corporation commission.

Commissioner. The commissioner of the division of motor
vehicles of this state.

Crosswalk. (a) That part of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks
on opposite sides of the highway measured from the
curbs or, in the absence of curbs, from the edges of the
traversable roadway;

(b) Any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines
or other markings on the surface.

Dealer. Every person engaged in the business of buying,
selling or exchanging motor vehicles, trailers and semitrailers
in this city and who has an established place of business for
such purposes in this city at which place of business the
books and records of such dealer are kept and at which a substantial
part of the business of such dealer is conducted.

Division. The division of motor vehicles of this state.

Essential parts. All integral parts and body parts, the removal,
alteration or substitution of which will tend to conceal
the identity of a vehicle.

Farm tractor. Every motor vehicle designed and used primarily
as a farm, agricultural or horticultural implement for
drawing plows, mowing machines and other farm, agricultural
or horticultural machinery and implements.

Intersection. (a) The area embraced within the prolongation
or connection of the lateral curb lines, or, if none, then
the lateral boundary lines of the roadways of two streets
which join one another at, or approximately at, right angles,
or the area within which vehicles travelling upon different
streets joining at any other angle may come in conflict.

(b) Where a street includes two roadways thirty feet or
more apart, then every crossing of each roadway of such

divided street by an intersecting street shall be regarded as
a separate intersection. In the event such intersecting street
also includes two roadways thirty feet or more apart, then
every crossing of two roadways of such street shall be regarded
as a separate intersection.

Metal tires. All tires the surface of which in contact with
the street is wholly or partially of metal or other hard, nonresilient
material.

Motorcycle. Every motor vehicle designed to travel on not
more than three wheels in contact with the ground and any
four-wheeled vehicle weighing less than five hundred pounds
and equipped with an engine of less than six horsepower,
except any such vehicle as may be included within the term
"farm tractor" as defined in this section.

Motor vehicle. Every vehicle as defined in this section which
is self-propelled or designed for self propulsion.

Nonresident. Every person who is not domiciled in this
state, except:

(a) Any foreign corporation which is authorized to do
business in this state by the state corporation commission
shall be deemed a resident of the state for the purpose of
this chapter; provided, however, that in the case of corporations
incorporated in this state but doing business without
the state, only such principal place of business or branches
located within this state shall be dealt with as residents of
this state.

(b) A person who becomes engaged in a gainful occupation
in this state for a period exceeding sixty days shall be
deemed a resident for the purpose of this chapter.

(c) A person who has actually resided in this state for a
period of six months, whether employed or not, or who has
registered a motor vehicle, listing an address within this state
in the application for registration, shall be deemed a resident
for the purposes of this chapter.

Operator. Every person who drives or is in actual physical
control of a motor vehicle upon a street or who is exercising
control over or steering a vehicle being towed by a motor
vehicle.

Owner. A person who holds the legal title of a vehicle or,
in the event a vehicle is the subject of an agreement for the
conditional sale or lease thereof with the right of purchase
upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee or in the event a mortgagor of a
vehicle is entitled to possession, then such confidential vendee
or lessee or mortgagor shall be deemed the owner for the purpose
of this chapter, except that in all such instances when
the rent paid by the lessee includes charges for services of
any nature or when the lease does not provide that title shall
pass to the lessee upon payment of the rent stipulated, the
lessor shall be regarded as the owner of such vehicle and the
vehicle shall be subject to such requirements of this chapter
as are applicable to vehicles operated for compensation; provided,
that a "truck lessor," as defined in Code of Virginia,
1950, section 46.1-1, subsection (36), shall be regarded as the
owner, and his vehicle shall be subject to such requirements
of this chapter as are applicable to vehicles of private carriers.

Peace or police officer. Every officer authorized to direct
or regulate traffic or to make arrests for violations of traffic
regulations.

Person. Every natural person, firm, partnership, association
or corporation.

Pneumatic tires. All tires inflated with compressed air.

Private road or driveway. Every way in private ownership
and used for vehicular travel by the owner or those having
express or implied permission from the owner, but not by
other persons.

Reconstructed vehicle. Every vehicle of a type required to
be registered hereunder materially altered from its original
construction by the removal, addition or substitution of essential
parts new or used.

Residence district. The territory contiguous to a street or
highway, not comprising a business district, where seventy-five
percent or more of the property contiguous to such street
or highway, on either side of the street or highway, for a distance
of three hundred feet or more along the street or highway,
is occupied by dwellings and land improved for dwelling

purposes, or by dwellings, land improved for dwelling purposes
and land or buildings in use for business purposes.

Road tractor. Every motor vehicle designed and used for
drawing other vehicles and not so constructed as to carry any
load thereon independently or any part of the weight of a
vehicle or load so drawn.

Roadway. That portion of a street improved, designed or
ordinarily used for vehicular travel, exclusive of the shoulder.
A street may include two or more roadways if divided
by a physical barrier or barriers or unpaved area.

Safety zone. The area or space officially set apart within
a roadway for the exclusive use of pedestrians and which is
protected or is so marked or indicated by adequate signs as
to be plainly visible at all times while set apart as a safety
zone.

School bus. Any motor vehicle, except a commercial bus,
station wagon, automobile or truck, which is designed and used
primarily for the transportation of pupils to and from public,
private or parochial schools, which is painted yellow with the
words "School Bus, Stop, State Law" in black letters of specified
size on front and rear, and which is equipped with warning
devices prescribed in section 46.1-287 of the Code of Virginia.

Semitrailer. Every vehicle of the trailer type so designed
and used in conjunction with a motor vehicle that some part
of its own weight and that of its own load rests upon or is
carried by another vehicle.

Shoulder. That part of a street between the portion regularly
travelled by vehicular traffic and the lateral curb line
or ditch.

Solid rubber tires. Every tire made of rubber other than
a pneumatic tire.

Specially constructed vehicles. Any vehicle which shall not
have been originally constructed under a distinctive name,
make, model or type by a generally recognized manufacturer
of vehicles and not a reconstructed vehicle as defined in this
section.

Street. The entire width between the boundary lines of
every way or place of whatever nature open to the use of the
public for purposes of vehicular travel in this city, including
the alleys and publicly maintained parking lots in the city.

Superintendent. The superintendent of the department of
state police of this state.

Tractor truck. Every motor vehicle designed and used primarily
for drawing other vehicles and not so constructed as
to carry a load other than a part of the load and weight of
the vehicle attached thereto.

Traffic lane or lane. That portion of a roadway designed or
designated to accommodate the forward movement of a single
line of vehicles.

Trailer. Every vehicle without motive power designed for
carrying property or passengers wholly on its own structure
and for being drawn by a motor vehicle.

Vehicle. Every device in, upon or by which any person or

property is or may be transported or drawn upon a street,
except devices moved by human power or used exclusively
upon stationary rails or tracks. (Code 1959, § 18-1; 6-21-65,
§ 1.)

Sec. 18-2. Supervision by city manager and chief of police.

The city manager and the chief of police shall have general
supervision and control of the operation and parking of vehicles
in the interest of public safety, comfort and convenience,
not inconsistent with the provisions of this chapter or
of Title 46.1 of the Code of Virginia. (Code 1959, § 18-2.)

Sec. 18-3. Regulatory powers of city manager and chief of
police.[163]

The city manager and the chief of police shall have power
to regulate traffic by means of traffic officers or semaphores
or other signaling devices on any portion of the street where
traffic is heavy or continuous, or where in their judgment
conditions may require, and may regulate the use of the
streets by processions or assemblages.

The city manager and the chief of police may also, when
and where conditions require:

Adopt any such regulations not in conflict with the provisions
of this chapter as they shall deem advisable and necessary,
and repeal, amend or modify any such regulations;
provided, that such regulations, laws or rules shall not be
deemed to be violated if, at the time of the alleged violation,
any sign or designation required under the terms of this chapter
was missing, effaced, mutilated or defaced, so that an
ordinarily observant person, under the same circumstances,
would not be apprised of or aware of the existence of such
rule.

Adopt regulations requiring all vehicles to come to a full
stop or to yield the right of way at any street intersection
other than vehicles on a street which has been designated as
a part of the primary system of state highways.

Designate by appropriate signs or markers one-way streets
and truck routes.

The chief of police shall have authority to erect and maintain
upon the sidewalks and streets of the city such signs, signals
and other devices for handling traffic as he may deem
necessary, provided the same are placed in accordance with
traffic regulations which have been approved by the city
manager.

It shall be unlawful for any person to violate any such
traffic regulation, sign, signal or other device for handling
traffic. (Code 1959, § 18-3.)

Sec. 18-4. Obedience to police.

Persons using the sidewalks and streets of the city shall
comply at all times and places with any direction by voice,
hand, whistle, sign or signal from any member of the police
force as to the starting, stopping, slowing, parking, loading or
unloading of vehicles or the discharge of passengers. (Code
1959, § 18-4.)

Sec. 18-5. Stopping vehicles for inspection or to secure information.[164]

Any policeman who shall be in uniform or who shall exhibit
his badge or other sign of authority shall have the right
to stop any motor vehicle, trailer or semitrailer, upon request
or signal, for the purpose of inspecting the motor vehicle,
trailer or semitrailer as to its equipment and operation, its
manufacturer's serial or engine number or its contents or load,
if such motor vehicle, trailer or semitrailer is a property-carrying
vehicle, or for the purpose of securing such other
information as may be necessary. (Code 1959, § 18-5.)

Sec. 18-6. Right to inspect vehicles in garages, etc.[165]

Any police officer who shall be in uniform or shall exhibit
a badge or other sign of authority shall have the right to inspect
any motor vehicle, trailer or semitrailer in any public
garage or repair shop, for the purpose of locating stolen motor
vehicles, trailers and semitrailers and for investigating the
title and registration of motor vehicles, trailers and semitrailers.

For such purpose the owner of any such garage or
repair shop shall permit any such police officer without let
or hindrance to make investigation as herein authorized.
(Code 1959, § 18-6.)

Sec. 18-7. Reports by persons in charge of garages, parking
places, etc.[166] —Vehicle struck by bullets.[167]

The person in charge of any garage or repair shop to which
is brought any motor vehicle that shows evidence of having
been struck by a bullet shall report to the police station,
within twenty-four hours after the motor vehicle is received,
giving the engine number, registration number, serial number
or identification number, and the name and address of
the owner or operator of the vehicle, if known. (Code 1959, §
18-7.)

Sec. 18-8. Same—Vehicles left unclaimed.[168]

The person in charge of any garage or repair shop or automotive
service, storage or parking place shall report to the
police station any motor vehicle left unclaimed in his place
of business for more than two weeks when he does not of his
own knowledge know the name of the owner and the reason
for such storage. (Code 1959, § 18-8.)

Sec. 18-9. Same—Vehicles with certain equipment.[169]

The person in charge of any garage or repair shop shall,
within twenty-four hours, report to the chief of police any
motor vehicle, other than an authorized police or fire department
vehicle, brought to his place of business upon which is
discovered any bullet-proof glass or any smoke screen device
of any nature. (Code 1959, § 18-9; 6-21-65, § 2.)

Sec. 18-10. Applicability of chapter to vehicles regardless of
ownership.[170]

The provisions of this chapter applicable to the drivers of
vehicles upon the streets shall apply to the drivers of all
vehicles regardless of ownership, subject to such specific exceptions
as are set forth in this chapter. (Code 1959, § 18-10.)

Sec. 18-11. Persons riding bicycles or animals or driving animals
subject to provisions of chapter.[171]

Every person riding a bicycle or an animal upon a roadway
and every person driving any animal thereon shall be subject
to the provisions of this chapter applicable to the driver of a
vehicle, except those provisions which by their very nature
can have no application. (Code 1959, § 18-11.)

Sec. 18-12. Injuring, tampering or interfering generally with
vehicles.

No person shall individually or in association with one or
more others wilfully break, injure, tamper with or remove
any part of any motor vehicle, trailer or semitrailer for the
purpose of injuring, defacing or destroying such motor vehicle,
trailer or semitrailer or temporarily or permanently
preventing its useful operation, or for any purpose, against
the will or without the consent of the owner of such motor
vehicle, trailer or semitrailer, nor shall any person in any
other manner wilfully or maliciously interfere with or prevent
the running or operation of such motor vehicle, trailer
or semitrailer.

No person shall, without the consent of the owner or person
in charge of a motor vehicle, trailer or semitrailer, climb
into or upon such motor vehicle, trailer or semitrailer with
intent to commit any crime, malicious mischief or injury
thereto or, while a motor vehicle, trailer or semitrailer is at
rest and unattended, attempt to manipulate any of the levers
and starting crank or other device, brakes or mechanism
thereof or to set such motor vehicle, trailer or semitrailer
in motion, except that the foregoing provision shall not apply

when any such act is done in an emergency or in furtherance
of public safety or by or under the direction of an officer in
the regulation of traffic or the performance of any other official
duty. (Code 1959, § 18-12.)

Sec. 18-13. Authority of fire department officials to direct
traffic.

Officers of the fire department may direct or assist the
police in directing traffic at or in the immediate vicinity of a
fire, and while so acting, shall have all the authority of peace
officers. (Code 1959, § 18-13.)

Sec. 18-14. City license number plates to be attached to front
or rear of motor vehicle.[172]

License number plates shall be issued each year by the city
to each owner of a motor-driven vehicle on which the city
license tax has been paid. Such license number plate shall
always be in evidence upon the front or rear of each machine
and shall be maintained in such a condition as to be legible
at all times. (Code 1959, § 18-14.)

Sec. 18-15. Operating automobile without driver's permit.

It shall be unlawful for any person to operate on the streets
of the city any motor vehicle unless such person shall have
secured a driver's permit as required by the laws of the state
and such permit is in force. (Code 1959, § 18-15.)

Sec. 18-16. Unlawfully permitting another to drive.[173]

It shall be unlawful for any person to authorize or knowingly
permit a motor vehicle owned by him or under his control
to be driven by any person who has no legal right to do
so or in violation of Code of Virginia, sections 46.1-348 to
46.1-387. (Code 1959, § 18-16.)

Sec. 18-17. Persons operating and riding upon motorcycles.[174]

A person operating a motorcycle, as defined in section 18-1,
excluding four-wheeled and three-wheeled vehicles, shall ride
only upon the permanent and regular seat attached to the
motorcycle, and such operator shall not carry any other person,
and no other person shall ride on a motorcycle unless
such motorcycle is designed to carry more than one person,
in which event a passenger may ride upon the permanent and
regular seat if designed for two persons, or upon another seat
firmly attached to the rear or side of the seat for the operator.
If such motorcycle is designed to carry more than one person,
it shall also be equipped with a footrest, for the use of such
passenger.

A person operating a motorcycle shall wear safety glasses
or goggles or have his motorcycle equipped with safety glass
or a windshield at all times while operating such vehicle.
Failure to wear safety glasses or goggles shall not constitute
negligence per se in any civil proceeding.

Any person who violates this section shall be guilty of a misdemeanor,
and shall be punished as provided in section 1-5.
(Code 1959, § 18-17.)

Sec. 18-18. Railroad warning signals must be obeyed.[175]

It shall be unlawful for any person driving a vehicle to fail
to obey a clearly visible or audible crossing signal at a street
and railway grade crossing which signal gives warning of
the immediate approach of a railway train. (Code 1959, §
18-18.)

Sec. 18-19. Slowing down or stopping at railway grade crossings.[176]

It shall be the duty of every person driving any vehicle on
a street, on approaching a place where a railway crosses such
street, or grade, at which crossing no railway gates are maintained

or no flagman is stationed and on duty at the time, to
bring his vehicle to a speed not exceeding five miles per hour
before passing over such crossing, at a distance of not less
than fifty feet from the nearest rail of such railway track;
provided, that such person shall stop at such crossing where
gates are maintained when such gates are closed down, or
being lowered, and where a flagman is stationed and on duty
at the time, whenever signaled to stop by such flagman.

The provisions of this section shall not change or alter in
any manner the existing laws as to the duty or liability of
railway companies for damages to persons or property, and
failure to comply with the provisions of this section on the
part of the driver of the vehicle shall not be considered contributory

negligence in an action against the railway company
for damage to persons or property, whether the same be injury
to the person or property of the driver or any other
person. It shall not be necessary to establish the fact that the
driver complied with the provisions of this section in order to
recover in any action for damages to persons or property
against a railway company. (Code 1959, § 18-19.)

Sec. 18-19.1. Impeding traffic due to lack of snow tires or
chains.[177]

It shall be unlawful for the operator of any motor vehicle
to block or impede the orderly flow of traffic on any street
within the city by reason of not having adequate snow tires
or tire chains on his vehicle when snow or ice is on the city
streets. Any violation of this section shall be punished by a
fine not exceeding twenty-five dollars for each such offense.
The city manager or his duly authorized representative may
have any vehicles which have become stalled, stuck or abandoned
and are impeding the orderly flow of traffic in violation
of this section towed away to a storage lot or garage, and the
owner of such vehicle shall pay the cost of such storage and
towing, and these charges may be recovered by civil warrant
and shall be in addition to any fines levied pursuant to this
section. (12-3-62.)

Sec. 18-19.2. Removal and disposition of certain unattended
or abandoned vehicles; sale; disposition of
proceeds; contracts for removal of vehicles.[178]

(a) Definitions. For the purposes of this section, the following
words and phrases shall have the meanings respectively
ascribed to them by this subsection:

(1) Abandoned Motor Vehicle. A motor vehicle,
trailer or semitrailer or part thereof that:

a. is inoperable and is left unattended on public property
for more than seventy-two hours, or

b. has remained illegally on public property for a
period of more than seventy-two hours, or

c. has remained on private property without the consent
of the owner or person in control of the property for
more than forty-eight hours.

(2) Demolisher. Any person, firm or corporation whose
business is to convert a motor vehicle, trailer or semitrailer
into processed scrap or scrap metal or otherwise to wreck; or
dismantle such vehicles.

(b) City manager authorized to take abandaned vehicles
into custody. The city manager may take into custody any
abandoned motor vehicle. In such connection, the city manager
may employ city personnel, equipment and facilities or
hire persons, equipment and facilities or firms or corporations
who may be independent contractors for the purpose of
removing, preserving and storing abandoned motor vehicles.

(c) Notice to owner of vehicle taken into custody.

(1) When the city manager takes into custody an abandoned
motor vehicle, he shall notify, within fifteen days thereof,
by registered or certified mail, return receipt requested,
the owner of record of the motor vehicle and all persons
having security interests therein of record, that the vehicle
has been taken into custody. The notice shall describe the
year, make, model and serial number of the abandoned motor
vehicle, set forth the location of the facility where the motor
vehicle is being held, inform the owner and any persons having
security interests of their right to reclaim the motor
vehicle within three weeks after the date of the notice, upon
payment of all towing, preservation and storage charges
resulting from placing the vehicle in custody, and state that
the failure of the owner or persons having security interests
to exercise their right to reclaim the vehicle within the time
provided shall be deemed a waiver by the owner, and all
persons having any security interests, of all right, title and
interest in the vehicle, and consent to the sale of the abandoned
motor vehicle at a public auction.

(2) If records of the division contain no address for the
owner or no address of any person shown by such records
to have a security interest, or if the identity and addresses of

the owner and all persons having security interests cannot
be determined with reasonable certainty, notice by publication
once in a newspaper of general circulation in the area where
the motor vehicle was abandoned shall be sufficient to meet
all requirements of notice pursuant to this section as to any
person who cannot be notified pursuant to the provisions of
paragraph (1) of this section. Such notice by publication
may contain multiple listings of abandoned motor vehicles.
Any such notice shall be within the time requirements prescribed
for notice by mail and shall have the same contents
required for a notice by mail.

(3) The consequences and the fact of failure to reclaim
an abandoned motor vehicle shall be as set forth in a notice
given in accordance with and pursuant to this section.

(d) Sale of vehicle at public auction; disposition of proceeds.
If an abandoned motor vehicle has not been reclaimed
as provided for in subsection (c) of this section, the city
manager, or his authorized agent, shall, notwithstanding the
provisions of section 46.1-88 of the Code of Virginia, sell the
abandoned motor vehicle at public auction. The purchaser of
the motor vehicle shall take title to the motor vehicle free and
clear of all liens and claims of ownership of others, shall
receive a sales receipt at the auction and shall be entitled to,
upon application therefor pursuant to section 46.1-88 of the
Code of Virginia, a certificate of title and registration card
therefor. The sales receipt at such a sale shall be sufficient
title only for purposes of transferring the vehicle to a demolisher
for demolition, wrecking or dismantling, and, in
such case, no further titling of the vehicle shall be necessary.
From the proceeds of the sale of an abandoned motor vehicle,
the city manager, or his authorized agent, shall reimburse
himself for the expenses of the auction, the cost of towing,
preserving and storing the vehicle which resulted from placing
the abandoned motor vehicle in custody, and all notice and
publication costs incurred pursuant to subsection (c). Any
remainder from the proceeds of a sale shall be held for the
owner of the abandoned motor vehicle or any person having
security interests therein, as their interests may appear, for
ninety days, and then shall be deposited into the treasury of
the city.

(e) Vehicles abandoned in garages. Any motor vehicle,
trailer, semitrailer or part thereof left for more than ten
days in a garage operated for commercial purposes after
notice by registered or certified mail, return receipt requested,
to the owner to pick up the vehicle, or for more than ten
days after the period when, pursuant to contract, the vehicle
was to remain on the premises, shall be deemed an abandoned
motor vehicle, and may be reported by the garagekeeper to
the city manager. All abandoned motor vehicles left in garages
may be taken into custody by the city manager in
accordance with subsection (b) and shall be subject to the
notice and sale provisions contained in subsection (c) and
subsection (d); provided, that if such vehicle is reclaimed in
accordance with subsection (c), the person reclaiming such
vehicle shall, in addition to the other charges required to be
paid, pay the charges of the garagekeeper, if any; provided
further, that if such vehicle is sold pursuant to subsection (d),
the garagekeeper's charges, if any, shall be paid from, and
to the extent of, the excess of the proceeds of sale after paying
the expenses of the auction, the costs of towing, preserving
and storing such vehicle which resulted from placing such
vehicle in custody and all notice and publication costs incurred
pursuant to subsection (d). Except as otherwise provided
in this section, nothing herein shall be construed to limit or
restrict any rights conferred upon any person under sections
43-32 through 43-36 of the Code of Virginia. For the purposes
of this section, "garagekeeper" means any operator of a
parking place, motor vehicle storage facility, or establishment
for the servicing, repair or maintenance of motor vehicles.

(f) Disposition of inoperable abandoned vehicles. Notwithstanding
any other provisions of this section, or the provisions
of section 46.1-88 of the Code of Virginia, any motor
vehicle, trailer, semitrailer or part thereof which is inoperable
and which, by virtue of its condition, cannot be feasibly
restored to operable condition, may be disposed of to a demolisher
by the person, firm, corporation or city manager
on whose property or in whose possession such motor vehicle,
trailer or semitrailer is found. The demolisher, upon taking
custody of such motor vehicle, trailer or semitrailer shall
follow the notification and sale procedures required of the

city manager by subsection (c). Unless reclaimed in accordance
with such subsection, the purchaser at the public auction
held by the demolisher shall be entitled to a sales receipt and
shall obtain the same rights and privileges with respect to the
vehicle so purchased as a purchaser at a public auction held
by the city manager under subsection (d).

(g) Removal of unattended vehicles. Whenever any motor
vehicle, trailer or semitrailer is found on the public streets or
public grounds unattended by the owner or operator and constitutes
a hazard to traffic or is parked in such manner as to
be in violation of law or whenever any motor vehicle, trailer
or semitrailer not within the purview of subsection (f) is left
unattended for more than ten days upon any privately owned
property other than the property of the owner of such motor
vehicle, trailer or semitrailer, within the city or is abandoned
upon such privately owned property, without the permission
of the owner, lessee or occupant thereof, any such motor vehicle,
trailer or semitrailer may be removed for safekeeping
by or under the direction of a police officer to a storage
garage or area; provided, that no such vehicle shall be so
removed from privately owned premises without the written
request of the owner, lessee or occupant thereof. The person
at whose request such motor vehicle, trailer or semitrailer is
removed from privately owned property shall indemnify the
city against any loss or expense incurred by reason of removal,
storage or sale thereof. Each removal shall be reported
immediately to the chief of police, who shall give notice to
the owner of the motor vehicle, trailer or semitrailer as
promptly as possible. The owner, before obtaining possession
of the motor vehicle, trailer or semitrailer shall pay to the
city all reasonable costs incidental to the removal, storage and
locating the owner of the motor vehicle, trailer or semitrailer.
Should the owner fail or refuse to pay the costs or should the
identity or whereabouts of the owner be unknown and unascertainable
after a diligent search has been made, and after
notice to the owner at his last known address and to the holder
of any lien of record in the office of the division of motor
vehicles against the motor vehicle, trailer or semitrailer, the

chief of police may, after holding the motor vehicle, trailer
or semitrailer sixty days and after due notice of sale dispose
of the same at public sale and the proceeds from the sale shall
be forwarded by the chief of police to the city treasurer; provided,
that if the value of such motor vehicle, trailer or semitrailer
be determined by three disinterested dealers or garage-men
to be less than fifty dollars, which would be incurred by
such advertising and public sale, it may be disposed of by
private sale or junked. (6-21-65, § 35; 5-3-71.)

Secs. 18-20 to 18-22.1. Repealed.

Article II. Repealed.

Secs. 18-23 to 18-26. Repealed.

Article III. Operation of Vehicles Generally.[179]

Secs. 18-27 to 18-32.2. Repealed.

Sec. 18-33. Maximum and minimum speed limits; posting,
etc., of school zones.[180]

No person shall drive any vehicle upon a street of this city
at a speed in excess of:

(a) Twenty-five miles per hour in a business or residential
district unless otherwise prescribed by the proper authorities
of the city pursuant to the provisions of Code of Virginia,
section 46.1-180;

(b) Thirty-five miles per hour, except in business or residence
districts and except as otherwise provided by this section
or unless otherwise prescribed by the proper authorities
of the city pursuant to the provisions of section 46.1-180 of
the Code of Virginia;

(c) Except as otherwise provided in this section, thirty-five
miles per hour on any highway other than an interstate
highway, if the vehicle is being used as a school bus carrying
children, and forty-five miles per hour on interstate highways;
provided, that for any such vehicle which neither takes
on nor discharges children between its point of origin and
point of destination, the speed limit shall be forty-five miles
per hour.

(d) Twenty-five miles per hour between portable signs, tilt
over signs or fixed blinking signs placed in or along any
street bearing the word "School." Such word shall indicate
that school children are present in the vicinity. Any signs
erected under this section shall be placed not more than six
hundred feet from the limits of the school property or crossing
in the vicinity of the school which is used by children
going to and from the school; provided, that such crossings
are not more than five hundred yards from the limits of the
school property and the city council approves such crossing
for such signs. Such portable signs shall be furnished and delivered
by the city. It shall be the duty of the principal or chief
administrative officer of each school or some responsible person
designated by the school board, preferably not a classroom
teacher, to place such portable signs in the street at a point
not more than six hundred feet from the limits of the school
property and remove such signs when their presence is no
longer required by this subsection. Such portable tilt over
signs or fixed blinking signs shall be placed in position plainly
visible to vehicular traffic approaching from either direction,
but shall not be placed so as to obstruct the street. Such portable
signs, tilt over signs or blinking signals shall be in a position
or be turned on for thirty minutes preceding regular
school hours and for thirty minutes thereafter and during such
other times as the presence of children are in such school property
or going to and from school reasonably requires a special
warning to motorists. The city council may decrease the speed
limit provided in this subsection; provided, that no such decrease
in speed limit shall be effective unless such decreased
speed limit is conspicuously posted upon the portable signs,

tilt over signs or fixed blinking signs required by this subsection.

(e) No person shall drive a motor vehicle at such a slow
speed as to impede the normal and reasonable movement of
traffic except when reduced speed is necessary for safe operation
or in compliance with law.

(f) Whenever the city manager determines on the basis of
a traffic engineering and traffic investigation that slow speeds
on any part of a street consistently impede the normal and
reasonable movement of traffic, the city manager may determine
and declare a minimum speed limit to be set forth on
signs posted on such street below which no person shall drive
a vehicle except when necessary for safe operation or in compliance
with law.

(g) Pursuant to a traffic engineering and traffic survey as
requred by section 46.1-180, Code of Virginia, as amended,
the following speed limits are imposed as hereinafter set
forth:

this chapter for which no other penalty is provided shall, for a
first conviction thereof, be punished by a fine of not less than
ten dollars nor more than one hundred dollars or by imprisonment
for not less than one nor more than ten days, or
by both such fine and imprisonment; for a conviction for a
second such violation within one year, such person shall be
punished by a fine of not less than twenty dollars nor more
than two hundred dollars or by imprisonment in jail for not
less than one nor more than twenty days, or by both such
fine and imprisonment; for a conviction of a third or subsequent
violation within one year, such person shall be punished
by a fine of not less than fifty nor more than five hundred
dollars or by imprisonment in jail for not less than ten
days nor more than six months, or by both such fine and imprisonment.
(Code 1959, § 18-22; 6-21-65, § 3.)

Sec. 18-22.1. Additional penalty for fourth conviction of certain
offenses within ten-year period.[181]

If any person, having been convicted three times of any
offense or offenses set forth in this section, within a period
of ten years, shall be again convicted of any one of such offenses
within such ten-year period, he shall, in addition to
the penalty otherwise prescribed by law for such offense, be
fined not less than one hundred nor more than one thousand
dollars and confined in jail not less than three months nor
more than twelve months. The offenses for a fourth conviction
of which such penalties may be imposed are the following:

Violations within the city of sections 18-31, 18-149 and
19-88; or violations within the state of sections 18.1-54,
46.1-176, 46.1-191 or 46.1-350 of the Code of Virginia, or of
any similar ordinance of any other county, city or town in the
state, and manslaughter involving the operation of a motor
vehicle, voluntary or involuntary; provided, that for the
purposes of this section, where more than one manslaughter
conviction results from a single act or omission, then only
the first such conviction shall constitute an offense.

In addition to the penalty hereinabove set forth in this
section, if any person shall be convicted of a fourth offense

as herein provided, the court in which such conviction is had
shall revoke the operator's or chauffeur's license of such
person for a period of five years. (6-21-65, § 30.)

Article II. Signs, Signals and Markers.

Sec. 18-23. Signals by traffic officers, etc.[182]

Peace or police officers and uniformed school crossing
guards may direct traffic by signals. Such signals other than
by voice shall be as follows:

(a) By hand, to stop traffic, stand with shoulders parallel
with moving traffic, and with arms raised forty-five degrees
above shoulders toward moving lines of traffic, hand extended,
palm toward traffic to be stopped. To move traffic,
stand so that shoulders are parallel to line of traffic to be
moved. Extend right arm and hand full length, height of
shoulders toward such traffic, fingers extended and joined,
palm downward, bring hand sharply in direction traffic is to
move. Repeat movement with left hand to start traffic from
opposite direction.

(b) By whistle, one blast, moving traffic to stop; two blasts,
traffic in opposite direction to move, three or more short
blasts, to warn of approach of fire apparatus or of an emergency,
when all traffic shall immediately clear the intersection
and stop. (Code 1959, § 18-23.)

Sec. 18-24. Signals by lights or semaphores.[183]

Signals by lights or semaphores shall be as follows:

Red indicates that traffic then moving shall stop and remain
stopped as long as the red signal is shown except in the direction
indicated by a lighted green arrow.

Green indicates that traffic shall then move in the direction
of the signal and remain in motion as long as the green signal
is given.

Amber indicates that a change is about to be made in the
direction of the moving of traffic. When the amber signal is
shown, traffic which has not already entered the intersection
including the crosswalks shall stop, but that which has entered

the intersection shall continue to move until the intersection
has been entirely cleared.

The use of a flashing red indicates that traffic shall stop before
entering the intersection.

Officers of the law and uniformed school crossing guards
may assume control of traffic otherwise controlled by lights
or semaphores and in such event signals by such officers
and uniformed crossing guards shall take precedence over such
lights or semaphores. (Code 1959, § 18-24; 6-21-65, § 4.)

Sec. 18-25. Other than official signs prohibited.[184]

No unauthorized person shall erect or maintain upon any
street any warning or direction sign, marker, signal or light
in imitation of any official sign, marker, signal or light erected
under the provisions of this chapter, and no person shall
erect or maintain upon any street any traffic or street sign or
signal bearing thereon any commercial advertising. Nothing
in this section shall be construed to prohibit the erection or
maintenance of signs, markers or signals bearing thereon the
name of an organization which has been authorized to erect
the same by the state highway commission or by the city
manager; nor shall this section be construed to prohibit the
erection by contractors or public utility companies of temporary
signs approved by the state highway department, city
manager or chief of police warning motorists that work is in
progress upon the street or adjacent thereto. (Code 1959, §
18-25.)

Sec. 18-26. Injuring signs.[185]

Any person who shall deface, obscure, injure, knock down
or remove any sign legally posted as provided in this chapter
shall be guilty of a misdemeanor. (Code 1959, § 18-26.)

Article III. Operation of Vehicles Generally.[186]

Sec. 18-27. Reckless driving—Generally.[187]

Irrespective of the maximum speeds herein provided, any
person who drives a vehicle upon a street recklessly or at a
speed or in a manner so as to endanger the life, limb or property
of any person shall be guilty of reckless driving; provided,
that the driving of a motor vehicle in violation of any
speed limit provisions of section 18-33 shall not of itself constitute
ground for prosecution for reckless driving under this
section. Reckless driving is unlawful. (Code 1959, § 18-27.)

Sec. 18-28. Same—Specific instances; authority of court.[188]

A person shall be guilty of reckless driving who shall:

(1) Drive a vehicle when not under proper control or with
inadequate or improperly adjusted brakes upon any street of
this city;

(2) While driving a vehicle, overtake or pass another vehicle
proceeding in the same direction, upon or approaching
the crest of a grade or upon or approaching a curve in the
street, where the driver's view along the street is obstructed,
except where the overtaking vehicle is being operated on a
street having two or more designated lanes of roadway for
each direction of travel or on a designated one-way street.

(3) Pass or attempt to pass two other vehicles abreast,
moving in the same direction, except on streets having separate
roadways of three or more lanes for each direction of
travel, or on designated one-way streets.

(3.1) Drive any motor vehicle, including any motorcycle,
so as to be in and parallel to another vehicle in a lane designed
for one vehicle, or drive any motor vehicle, including any
motorcycle, so as to travel parallel to any other vehicle travelling
in a lane designed for one vehicle; provided, that, this
subsection shall not apply to any validly authorized parade,
motorcade or motorcycle escort.

(4) Overtake or pass any other vehicle proceeding in the

same direction at any steam, Diesel or electric railway grade
crossing or at any intersection of streets unless such vehicles
are being operated on a street having two or more designated
lanes of roadway for each direction of travel or on a designated
one-way street, or while pedestrians are passing or
about to pass in front of either of such vehicles, unless permitted
so to do by a traffic light or police officer.

(5) Fail to stop at a school bus, whether publicly or privately
owned and whether transporting children to, from or
in connection with a public or private school, stopped on a
street for the purpose of taking on or discharging school
children, when approaching the same from any direction,
and to remain stopped until all school children are clear of
the street and the bus is put in motion, or fail to stop at a
school bus, whether publicly or privately owned and whether
transporting children to, from or in connection with a public
or private school, stopped on the roadway of a school for the
purpose of taking on or discharging school children, when approaching
the same from any direction on the roadway of
such school and to remain stopped until all school children
are clear of the roadway; provided, that this shall apply
only to school busses which are painted yellow with the
words "School Bus, Stop, State Law" printed in black letters
six inches high on the front and rear thereof. If space is
limited on the front, the words "School Bus" may be in
letters four inches high.

(6) Fail to give adequate and timely signals of intention
to turn, partly turn, slow down or stop, as required in sections
18-57 through 18-61.

(7) Exceed a reasonable speed under the circumstances
and traffic conditions existing at the time regardless of any
posted speed limit.

(8) Where a "yield-right-of-way" sign is posted, fail, upon
entering a street, to yield the right of way to the driver of
a vehicle approaching on such street from either direction.

(9) Drive or operate any automobile or other motor vehicle
upon any driveway or premises of a church or school, or of
any recreational facilities or of any business property open to
the public, or upon any street or highway under construction
or not yet open to the public, recklessly or at a speed or in
a manner so as to endanger the life, limb or property of any
person.

(10) Drive a vehicle when it is so loaded, or when there
are in the front seat such number of persons, as to obstruct
the view of the driver to the front or sides of the vehicle or
to interfere with the driver's control over the driving mechanism
of the vehicle. (Code 1959, § 18-28; 6-21-65, § 5.)

Sec. 18-29. Same—Driving in excess of certain speeds.[189]

A person shall be guilty of reckless driving if he operates
a motor vehicle in the city at a speed in excess of eighty miles
per hour. When any person shall be convicted of reckless driving
under this section, then in addition to any other penalties
provided by law, except in those cases for which revocation of
license is provided under Code of Virginia, section 46.1-417,
the operator's or chauffeur's license of such person shall be
suspended by the court or judge for a period of not less
than sixty days nor more than six months. In case of conviction,
the court or judge shall order the surrender of the license
to the court, where it shall be disposed of in accordance with
the provisions of Code of Virginia, section 46.1-425. (Code
1959, § 18-29.)

Sec. 18-30. (Blank.)[190]

Sec. 18-31. Same—Racing on streets.[191]

Any person who shall engage in a race between two or
more motor vehicles on the streets of the city shall be guilty
of reckless driving. When any person shall be convicted of
reckless driving under this section, then in addition to any
other penalties provided by law, the operator's or chauffeur's
license of such person shall be suspended by the court or
judge for a period of not less than six months nor more than
two years. In case of conviction, the court or judge shall
order the surrender of the license to the court where it shall
be disposed of in accordance with the provisions of Code of
Virginia, section 46.1-425. (Code 1959, § 18-31.)

Sec. 18-31.1. Same—Same—Aiders or abettors.[192]

Any person, although not engaged in a race as defined in
section 18-31.1, who aids or abets any such race, shall be
guilty of a misdemeanor.

Sec. 18-32. Same—Penalty for reckless driving.[193]

Every person convicted of reckless driving under the provisions
of sections 18-27 to 18-31, both inclusive, shall, for
the first violation, be punished by a fine not exceeding five
hundred dollars or by imprisonment in jail for not exceeding
twelve months, or by both such fine and imprisonment. For
each second or subsequent conviction for the offense of
reckless driving under the provisions of sections 18-27 to
18-31, both inclusive, committed within twelve months before
or after the date of another act of reckless driving for
which he has been convicted, such person shall be convicted
by a fine of not less than one hundred dollars nor more than
five hundred dollars, or by imprisonment in jail for not less
than ten days nor more than twelve months, or by both such
fine and imprisonment.

Except in those cases for which revocation of license is provided
under Code of Virginia, paragraph (e) of section 46.1417,
the court may, in addition to the foregoing punishment,
suspend any license issued to such convicted person under sections
46.1-348 to 46.1-387 of the Code of Virginia, for a period
of not less than ten days nor more than six months and the
court shall require such convicted person to surrender his license
so suspended. If such person so convicted has not obtained
the license required by such chapter, the court may
direct in the judgment of conviction that such person shall
not, for such period of not less than ten days nor more than
six months as may be prescribed in the judgment, drive or
operate any motor vehicle in this state.

The court or the clerk of such court shall transmit such
license to the commissioner along with the report of such
conviction required to be sent to the division. (Code 1959, §
18-32; 6-21-65, § 6.)

Sec. 18-32.1. Same—Disregarding signal by police officer to
stop.[194]

Any person who, having received a visible or audible signal
from any police officer to bring his motor vehicle to a
stop, shall operate such motor vehicle in a willful or wanton
disregard of such signal so as to interfere with or endanger
the operation of the police vehicle or endanger other property
or person, who shall increase his speed and attempt
to escape or lose such police officer shall be guilty of reckless
driving and, upon conviction thereof, shall be punished
by a fine of not less than fifty dollars nor more than one thousand
dollars or by imprisonment in jail for not less than
sixty days nor more than one year, or both such fine and imprisonment.
When any person shall be convicted of reckless
driving under this section, then in addition to the penalties
provided herein, the operator's or chauffeur's license of such
person may be suspended by the court or judge for a period
of not to exceed one year. In the case of conviction and suspension,
the court or judge shall order the surrender of the
license to the court, or it shall be disposed in accordance
with the provisions of section 46.1-425 of the Code of Virginia.
(6-21-65, § 31.)

Sec. 18-32.2. Same — Lesser offense of improper driving
where culpability slight.[195]

Notwithstanding the foregoing provisions of this article,
upon the trial of any person charged with reckless driving,
where the degree of culpability is slight, the court, in its discretion,
may find the accused not guilty of reckless driving
but guilty of improper driving, and impose a fine not to exceed
one hundred dollars.

Sec. 18-33. Maximum and minimum speed limits; posting,
etc., of school zones.[196]

No person shall drive any vehicle upon a street of this city
at a speed in excess of:

(a) Twenty-five miles per hour in a business or residential

district unless otherwise prescribed by the proper authorities
of the city pursuant to the provisions of Code of Virginia,
section 46.1-180;

(b) Thirty-five miles per hour, except in business or residence
districts and except as otherwise provided by this section
or unless otherwise prescribed by the proper authorities
of the city pursuant to the provisions of section 46.1-180 of
the Code of Virgina;

(c) Thirty-five miles per hour if the vehicle is being used
as a school bus carrying children, except as otherwise provided
in this section;

(d) Twenty-five miles per hour between portable signs, tilt
over signs or fixed blinking signs placed in or along any
street bearing the word "School." Such word shall indicate
that school children are present in the vicinity. Any signs
erected under this section shall be placed not more than
three hundred feet from the limits of the school property or
crossing in the vicinity of the school which is used by children
going to and from the school; provided, that such crossings
are not more than five hundred yards from the limits
of the school property and the city council approves such
crossing for such signs. Such portable signs shall be furnished
and delivered by the city. It shall be the duty of the
principal or chief administrative officer of each school or
some responsible person designated by the school board,
preferably not a classroom teacher, to place such portable
signs in the street at a point not more than three hundred
feet from the limits of the school property and remove such
signs when their presence is no longer required by this subsection.
Such portable tilt over signs or fixed blinking signs
shall be placed in position plainly visible to vehicular traffic
approaching from either direction, but shall not be placed
so as to obstruct the street. Such portable signs, till over
signs or blinking signals shall be in a position or be turned
on for thirty minutes preceding regular school hours and for
thirty minutes thereafter and during such other times as
the presence of children are in such school property or going
to and from school reasonably requires a special warning to
motorists. The city council may decrease the speed limit provided
in this subsection; provided, that no such decrease in
speed limit shall be effective unless such decreased speed limit
is conspicuously posted upon the portable signs, tilt over
signs or fixed blinking signs required by this subsection.

(e) No person shall drive a motor vehicle at such a slow
speed as to impede the normal and reasonable movement of
traffic except when reduced speed is necessary for safe operation
or in compliance with law.

(f) Whenever the city manager determines on the basis of
a traffic engineering and traffic investigation that slow speeds
on any part of a street consistently impede the normal and
reasonable movement of traffic, the city manager may determine
and declare a minimum speed limit to be set forth on
signs posted on such street below which no person shall drive
a vehicle except when necessary for safe operation or in compliance
with law.

(g) Pursuant to a traffic engineering and traffic survey as
required by section 46.1-180, Code of Virginia, as amended,
the following speed limits are imposed as hereinafter set
forth:

                                                                                                                             

Street	From	To	Speed Limit
Alderman Road	Ivy Road	Corporate limits (Univ. of Va.)	25
Angus Road	Emmet Street	Corporate limits	25
Avon Street	Levy Avenue	South corporate limits	25
Barracks Road	Corporate limits	Millmont Street	35
Barracks Road	Millmont Street	Rugby Road	25
Brandywine Drive	Hydraulic Road	Greenbrier Drive	25
Carlton Road	Monticello Road	Meade Avenue	25
Cedar Hill Road	Hydraulic Road	Angus Road	25
Cherry Avenue	Cleveland Avenue	1st Street	35
Cleveland Avenue	Cherry Avenue	Jefferson Park Avenue	25
Elliott Avenue	1st Street	Ware Street	35
Elliott Avenue	Ware Street	Monticello Avenue	25
Emmet Street	Jefferson Park Avenue	Ivy Road	25
Emmet Street	Ivy Road	Route 250 By-Pass	40
Emmet Street	Route 250 By-Pass	Hydraulic Road	40
Fontaine Avenue	Corporate limits	Jefferson Park Avenue	35
Grady Avenue	Preston Avenue	Rugby Road	25
Greenbrier Drive	Brandywine Drive	Rio Road	25
Harris Road	Jefferson Park Avenue	5th Street Extended	25
High Street	Long Street (Rt. 250)	9th Street	25
High Street	9th Street	Preston Avenue	25
Hydraulic Road	Emmet Street (Rt. 29)	Route 250 By-Pass	25
Ivy Road	Corporate limits	Emmet Street	35
Jefferson Park Avenue	Harris Road	Cleveland Avenue	25
Jefferson Park Avenue	Cleveland Avenue	Fontaine Avenue	35
Jefferson Park Avenue	Fontaine Avenue	Emmet Street	35
Jefferson Park Avenue	Emmet Street	West Main Street	25
Locust Avenue	High Street	Locust Lane	25
Main Street	E. 9th Street	W. 14th Street	25
Market Street	Corporate limits	Preston Avenue	25
Maury Avenue	Jefferson Park Avenue	Stadium Road	25
Meadowbrook Heights Road	Route 250 By-Pass	Yorktown Drive	25
McIntire Road	Preston Avenue	Route 250 By-Pass	35
Monticello Avenue	South corporate limits	Blenheim Avenue	35
Monticello Avenue	Blenheim Avenue	Avon Street	25
Monticello Road	Monticello Avenue	9th Street Bridge	25
Old Lynchburg Road	Corporate limits	Jefferson Park Avenue	25
Park Street	North corporate limits	Route 250 By-Pass	35
Park Street	Route 250 By-Pass	High Street	25
Preston Avenue	Rugby Road	10th Street	25
Preston Avenue	10th Street	Market Street	25
Ridge Street	Main Street	End of maintenance	25
Rose Hill Drive	Preston Avenue	Rugby Avenue	35
Rugby Avenue	Rugby Road	Route 250 By-Pass	35
Rugby Road	University Avenue	Preston Avenue	25
Rugby Road	Preston Avenue	Barracks Road	25
Shamrock Road	Jefferson Park Avenue	Cherry Avenue	25
Stadium Road	Emmet Street	Corporate limits	25
University Avenue	14th Street	Emmet Street	25
Water Street	Main Street	9th Street	25
Yorktown Drive	Meadowbrook Heights Road	Brandywine Road	25
5th Street	Cherry Avenue	South corporate limits	25
9th Street, E.	Levy Avenue	High Street	25
Route 250 By-Pass	East corporate limits	McIntire Park entrance	35
Route 250 By-Pass	McIntire Park entrance	Four hundred feet west of Emmet Street	45
Route 250 By-Pass	Four hundred feet west of Emmet Street	West corporate limits	55
9th Street, W.	Cherry Avenue	Main Street	25
10th Street, W.	Main Street	Preston Avenue	25
Meade Avenue	Market Street	High Street	25
14th Street, N. W.	West Main Street	Two hundred and fifty feet north of Grady Avenue	25
Madison Avenue, N. W.	Two hundred and fifty feet north of Grady Avenue	Preston Avenue	25
4th Street, N. W.	West Main Street	Preston Avenue	25

(h) Any person violating this section shall be guilty of a
misdemeanor and upon conviction shall be punished as provided
in section 46.1-16 of the Code of Virginia. (Code 1959, § 18-33;
6-21-65, §§ 7, 8; 8-7-67; 5-20-68; 4-23-73; 6-25-73; 10-15-73;
11-19-73.)

Secs. 18-34 to 18-67. Repealed.

Article IV. Stopping, Standing and Parking.[197]

Division 1. In General.

Sec. 18-68. Authority of city manager and chief of police.[198]

The city manager and the chief of police may adopt and put into
effect regulations designating the time, place and manner vehicles
may be allowed to park on the city streets and may make and
enforce such additional rules and regulations as parking
conditions may require. (Code 1959, § 18-68.)

Sec. 18-68.1. Parking regulations within University of
Virginia.[199]

All parking regulations contained in this article or promulgated
by the city manager and the chief of police, pursuant to section
18-68, shall be applicable to the roads, streets or alleys

of the University of Virginia, as lie within or adjoin the city
limits. All parking regulations for those streets, which are not
city streets, grounds or other areas of the University which
lie within the city limits, shall be promulgated by the appropriate
official of the University of Virginia. This section
may be enforced by the city police or by persons appointed
under the provisions of section 19.1-28 of the Code of Virginia.
Any person prosecuted for a parking violation pursuant to
this section shall be subject to a fine not exceeding twenty
dollars. (1-4-65.)

Sec. 18-69. When provisions of article applicable.

The provisions of this article prohibiting the stopping,
standing or parking of a vehicle shall apply at all times or at
those times herein specified or as indicated on official signs;
except when it is necessary to stop a vehicle to avoid conflict
with other traffic or in compliance with the directions of a
police officer or official traffic-control device. (Code 1959, §
18-69.)

Sec. 18-70. Provisions not exclusive.

The provisions of this article imposing a time limit on parking
shall not relieve any person from the duty to observe other
and more restrictive provisions prohibiting or limiting the
stopping, standing or parking of vehicles in specified places
or at specified times. (Code 1959, § 18-70.)

Sec. 18-71. Parking prohibited at all times on certain streets.

When signs are erected giving notice thereof, no person
shall park a vehicle at any time upon any of the streets or
parts of streets so signed. (Code 1959, § 18-71.)

Sec. 18-72. Parking, etc., prohibited during designated hours
on signed streets.

When signs are erected in each block giving notice thereof,

no person shall stop, stand or park a vehicle between the hours
specified. (Code 1959, § 18-72.)

Sec. 18-73. Parking on streets on which parking time limit
is designated by signs.

When signs are erected giving notice thereof, no person
shall stop, stand or park a vehicle for longer than the time
designated by such signs at any time between the hours stated
on such signs on any day except Sundays, within the district
or upon any of the streets so signed. (Code 1959, § 18-73.)

Sec. 18-74. Parking to be in accordance with signs, signals,
etc.

All vehicles, whether parked on the streets of the city or
in any of the parking lots within the city which are operated
by the city, shall be parked in accordance with signs, signals,
street marks and other devices for handling traffic which may
be provided by the city manager and the chief of police. (Code
1959, § 18-74.)

Sec. 18-75. Repealed.

Sec. 18-76. Parking for purposes of sale or advertisement.[200]

It shall be unlawful for any person to park or place any
automobile, truck, trailer or other vehicle upon or in any
street, alley or parkway for the purpose of selling or offering
the same for sale or rent.

It shall be unlawful to stop a vehicle at any time upon a
street for the purpose of advertising any article of any kind,
or to display thereupon advertisements of any article or advertisement
for the sale of the vehicle itself. (Code 1959, §
18-76.)

Sec. 18-77. Parking in certain streets between certain hours.

No vehicle shall be parked on the following streets in the
city between the hours of 3:00 A. M. and 5:30 A. M.:

Main Street, between Seventh Street, East, and 10½ Street,
West; Water Street, between Fifth Street, East, and Main
Street at Vinegar Hill; Market Street, between Seventh
Street, East, and High Street (Beck's Hill); Second Street,
West, First Street, Second Street, East, Third Street, East,
Fourth Street, East, and Fifth Street, East, between Market
Street and Water Street.

Any person violating any of the provisions of this section
shall for each offense be liable to a fine of not less than two
dollars and fifty cents nor more than twenty-five dollars.
(Code 1959, § 18-77.)

Sec. 18-78. Parking of busses, trucks, etc., between midnight
and 6:00 A. M.

No truck having heels of the dual-tire type and no bus,
trailer or semitrailer shall be parked on any of the streets of
the city between the hours of 12:00 midnight and 6:00 A. M.
following of any day.

The owner, operator or driver of any motor vehicle which
is parked in violation of this section, for each offense, shall
be fined not less than two dollars and fifty cents nor more
than fifty dollars. (Code 1959, § 18-78.)

Sec. 18-78.1. Temporary parking prohibitions to expedite traffic,
aid snow removal, etc.

The city manager or his duly authorized representative may
post "No Parking" signs on any of the city streets when
necessary to facilitate the moving of traffic or the removal of
snow, ice, leaves or other debris from such streets. It shall
be unlawful for any person to park within the prohibited area
after signs have been posted and prior to their removal, or
fail to remove a vehicle from any city street on which such
"No Parking" signs have been erected within two hours after

such notices have been posted. The city manager or his duly
authorized representative may have such vehicle towed away
to a storage yard or garage, and the owner of such vehicle
shall pay all charges for the towing and storage of the vehicle.
Such charges may be recovered by civil warrant and
shall be in addition to any fines levied. (12-3-62.)

Sec. 18-79. Repealed.

Sec. 18-79.1. Parking of inoperable vehicles on streets prohibited;
removal of same.[201]

No motor vehicle which is inoperable shall be parked or
abandoned on any city street. A motor vehicle shall be deemed
inoperable for the purposes of this section if it does not bear a
current license plate or a current valid state inspection certificate
and has been in a specific location for ten days without
being moved, or, except for being disabled by an emergency, is
not capable of being operated for mechanical or other reasons.

When any such inoperable vehicle is reported to the police,
or is found by the police upon any city street, it shall be
removed for safekeeping under the direction of a police officer
to a storage garage or area which has been approved for
such use by the city manager and chief of police. Such removal
shall be immediately reported to the office of the chief
of police and a full and complete record shall be prepared and
kept by the chief of police on each such vehicle. The chief of
police shall notify the owner of such vehicle as promptly as
possible that it has been impounded. The owner of such motor
vehicle, before obtaining possession thereof, shall pay to
the city all reasonable costs incidental to the removal, storage
and locating the owner of the motor vehicle. Should such
owner fail or refuse to pay the costs or should the identity
or whereabouts of such owner be unknown or unascertainable
after a diligent search has been made and after notice

to him at his last-known address and to the holder of any lien of
record in the office of the state division of motor vehicles in the
state against the motor vehicle, the chief of police may, after
holding such motor vehicle for sixty days and after due notice of
sale, have the city sheriff dispose of such motor vehicle at a public
sale. The proceeds from such sale shall be forwarded by the city
sheriff to the city treasurer, who shall pay from the proceeds of
the sale the costs of removal, storage and investigation as to
ownership and liens and notice of sale, and the balance of such
funds shall be held by him for the owner and paid to the owner
upon satisfactory proof of ownership.

If no claim has been made by the owner for the proceeds of such
sale, after the payment of the above-mentioned costs, the funds
may be deposited to the general fund or any special fund of the
city. Any such owner shall be entitled to apply to the city within
three years from the date of such sale and if timely application is
made therefor, the city treasurer shall pay the same to the owner
without interest or other charges. No claim shall be made nor
shall any suit, action or proceeding be instituted for the recovery
of such funds after three years from the date of such sale.
(7-20-64; 4-2-73.)

Sec. 18-80. Owner of vehicle prima facie guilty of violation.

The owner of any vehicle parked in violation of this article shall
be prima facie guilty of such violation. (Code 1959, § 18-80.)

Sec. 18-81. Penalty.

Any person who shall violate any provisions of this article for
which no other penalty is provided shall be punished by a

(3) Upon a street which is divided into three lanes a vehicle
shall not be driven in the center lane except when overtaking
and passing another vehicle or in preparation for a
left turn or unless such center lane is at the time allocated
exclusively to traffic moving in the direction the vehicle is
proceeding and is signposted or marked to give notice of such
allocation;

(4) Wherever a street is marked with double traffic lines
consisting of a solid line immediately adjacent to a broken
line, no vehicle shall be driven to the left of such line if the
solid line is on the right of the broken line, except that it shall
be lawful to make a left turn for the purpose of entering or
leaving a public, private or commercial road or entrance;

(5) Wherever a street is marked with double traffic lines
consisting of two immediately adjacent solid lines, no vehicle
shall be driven to the left of such lines, except that it shall
be lawful to make a left turn for the purpose of entering or
leaving a public, private or commercial road or entrance.
(Code 1959, § 18-47; 6-21-65, § 10.)

Sec. 18-48. Passing vehicles proceeding in opposite directions.[202]

Drivers of vehicles proceeding in opposite directions shall
pass each other to the right, each giving to the other, as
nearly as possible, one half of the main-traveled portion of
the roadway. (Code 1959, § 18-48.)

Sec. 18-49. Passing upon overtaking a vehicle.[203]

The driver of any vehicle overtaking another vehicle proceeding
in the same direction shall pass at least two feet to
the left thereof and shall not again drive to the right side of
the street until safely clear of such overtaken vehicle, except
as provided in this article. (Code 1959, § 18-49.)

Sec. 18-50. Audible warning signal upon overtaking vehicle.[204]

The driver of an overtaking motor vehicle, when traveling

outside of a business or residence district, shall, when necessary
to insure safe operation, give audible warning with his
horn or other warning device before passing or attempting
to pass a vehicle proceeding in the same direction. (Code
1959, § 18-50; 6-21-65, § 11.)

Sec. 18-51. When overtaking vehicle may pass on right.[205]

(1) The driver of a vehicle may overtake and pass upon
the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to
make a left turn, and the driver of such vehicle has given a
signal as required.

(b) Upon a street with unobstructed pavement not occupied
by parked vehicles of sufficient width for two or more
lines of moving vehicles in each direction.

(c) Upon a one-way street, or upon any roadway on which
traffic is restricted to one direction of movement, where the
roadway is free from obstructions and of sufficient width for
two or more lines of moving vehicles.

(2) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting
such movement in safety. In no event shall such movement be
made by driving off the pavement or main-traveled portion
of the roadway. (Code 1959, § 18-51.)

Sec. 18-52. Driver to give way to overtaking vehicle.[206]

Except when overtaking and passing on the right is permitted,
the driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle on audible signal
and shall not increase the speed of his vehicle until completely
passed by the overtaking vehicle. (Code 1959, § 13-52.)

Sec. 18-53. Limitations on privilege of overtaking and passing.[207]

The driver of a vehicle shall not drive to the left side of
the center line of a street in overtaking and passing another

vehicle proceeding in the same direction unless such left side
is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be
made in safety.

No person operating a truck or tractor and trailer shall
pass or attempt to pass any truck or tractor and trailer going
in the same direction on an upgrade hill if such passing will
impede the passage of following traffic. (Code 1959, § 18-53.)

Sec. 18-54. Following too closely.[208]

The driver of a motor vehicle shall not follow another motor
vehicle, trailer or semitrailer more closely than is reasonable
and prudent, having due regard to the speed of both vehicles
and the traffic upon, and conditions of, the street at the time.
(Code 1959, § 18-54.)

Sec. 18-55. Turning around in street.[209]

The driver of a vehicle within a business district shall not
turn such vehicle so as to proceed in the opposite direction
except at an intersection of streets; provided further, that no
such turn shall be made on Main Street between Seventh
Street, East, and the west side of the Lewis and Clark Monument.
(Code 1959, § 18-55.)

Sec. 18-56. Required position and method of turning at intersections;
authority of city manager as to markers,
etc., indicating specified course for turns
at intersections.[210]

The driver of a vehicle intending to turn at an intersection
or other location on any street, except as prohibited by the
preceding section or any other provision of this chapter, shall
do so as follows:

(1) Right turn. Both the approach for a right turn and a
right turn shall be made as close as practicable to the right-hand
curb or edge of the roadway.

(2) Left turns on two-way roadways. At any intersection
where traffic is permitted to move in both directions on each

roadway entering the intersection, an approach for a left turn
shall be made in that portion of the right half of the roadway
nearest the center line thereof and by passing to the
right of such center line where it enters the intersection and
after entering the intersection the left turn shall be made so
as to leave the intersection to the right of the center line of
the roadway being entered. Whenever practicable the left
turn shall be made in that portion of the intersection to the
left of the center of the intersection.

(3) Left turns on other than two-way roadways. At any
intersection where traffic is restricted to one direction on one
or more of the roadways, and at any crossover from one roadway
of a divided street to another roadway thereof on which
traffic moves in the opposite direction, the driver of a vehicle
intending to turn left at any such intersection or crossover
shall approach the intersection or crossover in the extreme
left-hand lane lawfully available to traffic moving in the direction
of travel of such vehicle and after entering the intersection
or crossover the left turn shall be made so as to leave the
intersection or crossover, as nearly as practicable, in the left-hand
lane lawfully available to traffic moving in such direction
upon the roadway being entered.

The city manager may cause markers, buttons or signs to
be placed within or adjacent to intersections and thereby require
and direct that a different course from that specified in
this section be traveled by vehicles turning at any intersection,
and when markers, buttons or signs are so placed, no
driver of a vehicle shall turn a vehicle at an intersection other
than as directed and required by such markers, buttons or
signs. (Code 1959, § 18-56.)

Sec. 18-57. Signals required on starting, stopping or turning.[211]

Every driver who intends to start, stop, turn or partly turn
from a direct line shall first see that such movement can be
made in safety and whenever the operation of any other vehicle
may be affected by such movement shall give a signal
as required in sections 18-58, 18-59 or 18-60, plainly visible
to the driver of such other vehicle, of his intention to make
such movement. (Code 1959, § 18-57.)

Sec. 18-58. Same—How such signals given.[212]

The signal required in section 18-57 shall be given by means
of the hand and arm or by some mechanical or electrical device
approved by the superintendent, in the manner herein
specified. Whenever the signal is given by means of the hand
and arm, the driver shall indicate his intention to start, stop,
turn or partly turn by extending the hand and arm from and
beyond the left side of the vehicle, in the following manner:

(1) For left turn or to pull to the left, the arm shall be
extended in a horizontal position straight from and level with
the shoulder;

(2) For right turn or to pull to the right, the arm shall be
extended upward;

(3) For slowing down or to stop, the arm shall be extended
downward.

Wherever the lawful speed is more than thirty-five miles
per hour, such signals shall be given continuously for a distance
of at least one hundred feet, and in all other cases at
least fifty feet, before slowing down, stopping, turning, partly
turning or materially altering the course of the vehicle. (Code
1959, § 18-58.)

Sec. 18-59. Same—Change of course.[213]

Drivers having once given a hand, electrical or mechanical
device signal must continue the course thus indicated, unless
they alter the original signal and take care that drivers of
vehicles and pedestrians have seen and are aware of the
change. (Code 1959, § 18-59.)

Sec. 18-60. Same—Duty of drivers upon receiving signals.[214]

Drivers receiving a signal from another driver shall keep
their vehicle under complete control and shall be able to avoid
an accident resulting from a misunderstanding of such signal.
(Code 1959, § 18-60.)

Sec. 18-61. Same—Drivers of parked vehicles.[215]

Drivers of vehicles standing or stopped at the curb or edge
before moving such vehicles shall give signals of their intention
to move into traffic, as hereinbefore provided, before
turning in the direction the vehicle will proceed from the curb.
(Code 1959, § 18-61.)

Sec. 18-62. Right of way generally.[216]

Except as provided in section 18-64, when two vehicles
approach or enter an intersection at approximately the same
time the driver of the vehicle on the left shall yield the right
of way to the vehicle on the right unless a "yield-right-of-way"
sign is posted. Where any such sign is posted, the
driver of the vehicle approaching or entering such intersection
on the street on which such sign is posted shall yield the
right of way to the driver of a vehicle approaching or entering
such intersection from either direction. At traffic circles,
vehicles already in the circle shall have the right of way over
vehicles approaching and entering the circle. The driver of
any vehicle traveling at an unlawful speed shall forfeit any
right of way which he might otherwise have hereunder.
(Code 1959, § 18-62.)

Sec. 18-63. Right of way when vehicle turns to left.[217]

The driver of a vehicle, in an intersection and turning
therein to the left across the line of travel of vehicles within
or approaching the intersection shall yield the right of way
to such other vehicles; provided, however, that where there
is an automatic signal device governing the flow of traffic at
any intersection and allowing turns to the left while all other
vehicular traffic is required to stop, any vehicle making such
turn shall have the right of way over all other vehicles approaching
the intersection. (Code 1959, § 18-63.)

Sec. 18-64. Exception to right-of-way rules.[218]

The driver of a vehicle entering a street or sidewalk from

a private road, driveway, alley or building shall stop immediately
before entering such street or sidewalk and, upon
entering such street or sidewalk, shall yield the right of way
to all vehicles approaching on such street or to all pedestrians
or vehicles approaching on such sidewalk. (Code 1959, §
18-64.)

Sec. 18-65. Right of way of United States forces, troops, national
guard, etc.[219]

United States forces or troops, or any portion of the Virginia
national guard or naval militia, parading or performing
any duty according to law, or any civil defense personnel performing
any duty according to law, shall have the right of
way in any street through which they may pass; provided,
that the carrying of the United States mails, the legitimate
functions of the police and the progress and operation of fire
engines and the fire department shall not be interfered with.
(Code 1959, § 18-65.)

Sec. 18-66. Conduct required of driver of vehicle upon approach
of emergency vehicle.[220]

(a) Upon the approach of any vehicle listed in subsection
(a) of section 18-66.1 giving audible signal by siren, exhaust
whistle or air horn designed to give automatically intermittent
signals, the driver of every other vehicle shall immediately
drive the same to a position as near as possible and
parallel to the right-hand edge of curb, clear of any intersection
of streets, and shall top and remain in such position
unless otherwise directed by a police or traffic officer until such
vehicle shall have passed. This provision shall not operate to
relieve the driver of any such vehicle from the duty to drive
with due regard for the safety of all persons using the streets,
nor shall it protect the driver of any such vehicle from the
consequences of an arbitrary exercise of such right of way.

(b) Violation of this section shall constitute failure to yield
the right of way. (Code 1959, § 18-66.)

Sec. 18-66.1. Emergency vehicles exempt from regulations in
certain emergencies; exceptions and additional
requirements.[221]

(a) The operator of (1) any police vehicle operated by or
under the direction of a police officer in the chase or apprehension
of violators of the law or persons charged with or
suspected of any such violation, (2) any vehicle used for the
purpose of fighting fire, including publicly owned state forest
warden vehicles, when traveling in response to a fire alarm
or emergency call, (3) any vehicle owned by a political subdivision
of the commonwealth for rescue purposes, when
traveling in response to a fire alarm or an emergency call, or
(4) any ambulance or rescue or life-saving vehicle designed
or utilized for the principal purposes of supplying resuscitation
or emergency relief where human life is endangered,
whether such vehicle is publicly owned or operated by a nonprofit
corporation or association, when such vehicle is being
used in the performance of public services, and when such
vehicle is operated under emergency conditions, may, without
subjecting himself to criminal prosecution:

(1) Proceed past red signal, light, stop sign or device
indicating moving traffic shall stop if the speed and movement
of the vehicle is reduced and controlled so that it can pass
a signal, light or device with due regard to the safety of
persons and property.

(2) Park or stand, notwithstanding the provisions of this
chapter.

(3) Disregard regulations governing a direction of movement
of vehicles turning in specified directions so long as the
operator does not endanger life or property.

(4) Pass or overtake, with due regard to the safety of
persons and property, another vehicle at any intersection.

(b) These exemptions, hereinbefore granted to such a moving
vehicle, shall apply only when the operator of such vehicle
displays a flashing, blinking or alternating red light and
sounds a siren, exhaust whistle or air horn designed to give
automatically intermittent signals, as may be reasonably necessary,
and, only when there is in force and effect for such
vehicle standard automobile liability insurance covering injury

or death to any person in the sum of at least fifty thousand
dollars because of bodily injury to or death of one person
in any one accident and, subject to the limit for one person,
to a limit of three hundred thousand dollars because of bodily
injury to or death of two or more persons in any one accident,
and to a limit of five thousand dollars because of injury to or
destruction of property of others in any one accident. Such
exemptions shall not, however, protect the operator of any
such vehicle from criminal prosecution for conduct constituting
reckless disregard of the safety of persons and property. Nothing
in this section shall be construed to release the operator
of any such vehicle from civil liability for failure to use reasonable
care in such operation.

Sec. 18-67. Following or parking near fire apparatus.[222]

It shall be unlawful for the driver of any vehicle, other than
one on official business, to follow any fire apparatus traveling
in response to a fire alarm at a distance closer than five
hundred feet to such apparatus or to park such vehicle within
five hundred feet of where fire apparatus has stopped in answer
to a fire alarm. (Code 1959, § 18-67.)

Article IV. Stopping, Standing and Parking.[223]

Division 1. In General.

Sec. 18-68. Authority of city manager and chief of police.[224]

The city manager and the chief of police may adopt and

put into effect regulations designating the time, place and
manner vehicles may be allowed to park on the city streets
and may make and enforce such additional rules and regulations
as parking conditions may require. (Code 1959, § 1868.)

Sec. 18-68.1. Parking regulations within University of Virginia.[225]

All parking regulations contained in this article or promulgated
by the city manager and the chief of police, pursuant to

section 18-68, shall be applicable to the roads, streets or alleys
of the University of Virginia, as lie within or adjoin the city
limits. All parking regulations for those streets, which are not
city streets, grounds or other areas of the University which
lie within the city limits, shall be promulgated by the appropriate
official of the University of Virginia. This section
may be enforced by the city police or by persons appointed
under the provisions of section 19.1-28 of the Code of Virginia.
Any person prosecuted for a parking violation pursuant to
this section shall be subject to a fine not exceeding twenty
dollars. (1-4-65.)

Sec. 18-69. When provisions of article applicable.

The provisions of this article prohibiting the stopping,
standing or parking of a vehicle shall apply at all times or at
those times herein specified or as indicated on official signs;
except when it is necessary to stop a vehicle to avoid conflict
with other traffic or in compliance with the directions of a
police officer or official traffic-control device. (Code 1959, §
18-69.)

Sec. 18-70. Provisions not exclusive.

The provisions of this article imposing a time limit on parking
shall not relieve any person from the duty to observe other
and more restrictive provisions prohibiting or limiting the
stopping, standing or parking of vehicles in specified places
or at specified times. (Code 1959, § 18-70.)

Sec. 18-71. Parking prohibited at all times on certain streets.

When signs are erected giving notice thereof, no person
shall park a vehicle at any time upon any of the streets or
parts of streets so signed. (Code 1959, § 18-71.)

Sec. 18-72. Parking, etc., prohibited during designated hours
on signed streets.

When signs are erected in each block giving notice thereof,
no person shall stop, stand or park a vehicle between the hours
specified. (Code 1959, § 18-72.)

Sec. 18-73. Parking on streets on which parking time limit
is designated by signs.

When signs are erected giving notice thereof, no person
shall stop, stand or park a vehicle for longer than the time
designated by such signs at any time between the hours stated
on such signs on any day except Sundays, within the district
or upon any of the streets so signed. (Code 1959, § 18-73.)

Sec. 18-74. Parking to be in accordance with signs, signals,
etc.

All vehicles, whether parked on the streets of the city or
in any of the parking lots within the city which are operated
by the city, shall be parked in accordance with signs, signals,
street marks and other devices for handling traffic which may
be provided by the city manager and the chief of police.
(Code 1959, § 18-74.)

Sec. 18-75. Parking in front of fire hydrant, fire station, private
driveway or near intersection.[226]

No person shall park a vehicle or permit it to stand,
whether attended or unattended, upon a street in front of a
private driveway or within fifteen feet in either direction of
a fire hydrant or the entrance to a fire station nor within
twenty feet from the intersection of curb lines, or if none,
then within fifteen feet of the intersection of property lines
at an intersection of streets. (Code 1959, § 18-75.)

Sec. 18-76. Parking for purposes of sale or advertisement.[227]

It shall be unlawful for any person to park or place any
automobile, truck, trailer or other vehicle upon or in any
street, alley or parkway for the purpose of selling or offering
the same for sale or rent.

It shall be unlawful to stop a vehicle at any time upon a
street for the purpose of advertising any article of any kind,
or to display thereupon advertisements of any article or advertisement

for the sale of the vehicle itself. (Code 1959,
§ 18-76.)

Sec. 18-77. Parking in certain streets between certain hours.

No vehicle shall be parked on the following streets in the
city between the hours of 3:00 A. M. and 5:30 A. M.:

Main Street, between Seventh Street, East, and 10½ Street,
West; Water Street, between Fifth Street, East, and Main
Street at Vinegar Hill; Market Street, between Seventh
Street, East, and High Street (Beck's Hill); Second Street,
West, First Street, Second Street, East, Third Street, East,
Fourth Street, East, and Fifth Street, East, between Market
Street and Water Street.

Any person violating any of the provisions of this section
shall for each offense be liable to a fine of not less than two
dollars and fifty cents nor more than twenty-five dollars.
(Code 1959, § 18-77.)

Sec. 18-78. Parking of busses, trucks, etc., between midnight
and 6:00 A. M.

No truck having wheels of the dual-tire type and no bus,
trailer or semitrailer shall be parked on any of the streets of
the city between the hours of 12:00 midnight and 6:00 A. M.
following of any day.

The owner, operator or driver of any motor vehicle which
is parked in violation of this section, for each offense, shall
be fined not less than two dollars and fifty cents nor more
than fifty dollars. (Code 1959, § 18-78.)

Sec. 18-78.1. Temporary parking prohibitions to expedite traffic,
aid snow removal, etc.

The city manager or his duly authorized representative may
post "No Parking" signs on any of the city streets when
necessary to facilitate the moving of traffic or the removal of
snow, ice, leaves or other debris from such streets. It shall
be unlawful for any person to park within the prohibited area
after signs have been posted and prior to their removal, or
fail to remove a vehicle from any city street on which such
"No Parking" signs have been erected within two hours after
such notices have been posted. The city manager or his duly

authorized representative may have such vehicle towed away
to a storage yard or garage, and the owner of such vehicle
shall pay all charges for the towing and storage of the vehicle.
Such charges may be recovered by civil warrant and
shall be in addition to any fines levied. (12-3-62.)

Sec. 18-79. Stopping on streets generally.[228]

No vehicle shall be stopped in such a manner as to impede
or render dangerous the use of the street by others, except
in the case of an emergency as the result of an accident or
mechanical breakdown, in which case a report shall be made
to the nearest police officer as soon as practicable and the
vehicle shall be removed from the roadway to the shoulder
as soon as possible and removed from the shoulder without
unnecessary delay; and, if such vehicle is not promptly removed,
such removal may also be ordered by a police officer
at the expense of the owner if the disabled vehicle creates a
traffic hazard.

No person shall leave any vehicle, attended or unattended,
upon the paved, improved or main-traveled portion of any
street, outside of a business or residence district, when it is
practicable to leave such vehicle standing off the paved, improved
or main-traveled portion of such street.

Except upon one-way streets as provided in this chapter,
and when actually loading or unloading merchandise as provided
in section 30-34, no vehicle shall be stopped except close
to and parallel with the right-hand curb. In no instance shall
such vehicle be parked with the rear wheels farther than six
inches from the curb.

The provisions of this section shall not apply to any vehicle
owned or controlled by the state department of highways or
the city, while actually engaged in the construction, reconstruction
or maintenance of streets or highways, nor to city-owned
vehicles while engaged in the collection of refuse.

The provisions of the first paragraph of this section shall
not apply to any rural mail carrier stopping on the street
while loading or unloading mail at a mailbox, provided there
be lettered on the back of the vehicle operated by such rural
mail carrier, or lettered on a sign securely attached to and

displayed at the rear of such vehicle, in letters at least four
inches in height, the following:

CAUTION
FREQUENT STOPS
U. S. MAIL

The provisions of the first paragraph of this section shall
not apply to such rural mail carrier so stopping if, in lieu
of such sign, the vehicle has and is using supplemental turn
signals mounted at each side of the vehicle upon the roof. Between
the lights, on the assembly, shall be mounted a sign
with the words "U. S. Mail", which sign shall be yellow with
black letters at least four inches in height, and which light
shall be of the type approved by the superintendent of state
police. The lettered sign shall be folded down out of vision
prior to the first stop on the route and following the last stop
on the route.

Nothing in this section shall be construed so as to relieve
any such mail carrier from civil liability for such stopping on
any street, if he is negligent in so doing, and if such negligence
proximately contributes to any personal injury or property
damage resulting therefrom. (Code 1959, § 18-79.)

Sec. 18-79.1. Parking of inoperable vehicles on streets prohibited;
removal of same.[229]

No motor vehicle which is inoperable shall be parked or
abandoned on any city street. A motor vehicle shall be
deemed inoperable for the purposes of this section if it is not
properly licensed with the current state and local licenses,
does not have a current valid state inspection certificate, or,
except for being disabled by an emergency, is not capable
of being operated for mechanical or other reasons.

When any such inoperable vehicle is reported to the police,
or is found by the police upon any city street, it shall be
removed for safekeeping under the direction of a police officer
to a storage garage or area which has been approved for
such use by the city manager and chief of police. Such removal
shall be immediately reported to the office of the chief

of police and a full and complete record shall be prepared and
kept by the chief of police on each such vehicle. The chief of
police shall notify the owner of such vehicle within twenty-four
hours that it has been impounded. The owner of such
motor vehicle, before obtaining possession thereof, shall pay
to the city all reasonable costs incidental to the removal,
storage and locating the owner of the motor vehicle. Should
such owner fail or refuse to pay the costs or should the identity
or whereabouts of such owner be unknown or unascertainable
after a diligent search has been made and after notice
to him at his last-known address and to the holder of any lien
of record in the office of the state division of motor vehicles
in the state against the motor vehicle, the chief of police may,
after holding such motor vehicle for ninety days and after
due notice of sale, have the city sergeant dispose of such
motor vehicle at a public sale. The proceeds from such sale
shall be forwarded by the city sergeant to the city treasurer,
who shall pay from the proceeds of the sale the costs of removal,
storage and investigation as to ownership and liens
and notice of sale, and the balance of such funds shall be held
by him for the owner and paid to the owner upon satisfactory
proof of ownership.

If no claim has been made by the owner for the proceeds of
such sale, after the payment of the above-mentioned costs,
the funds may be deposited to the general fund or any special
fund of the city. Any such owner shall be entitled to apply to
the city within three years from the date of such sale and if
timely application is made therefor, the city treasurer shall
pay the same to the owner without interest or other charges.
No claim shall be made nor shall any suit, action or proceeding
be instituted for the recovery of such funds after three
years from the date of such sale. (7-20-64.)

Sec. 18-80. Owner of vehicle prima facie guilty of violation.

The owner of any vehicle parked in violation of this article
shall be prima facie guilty of such violation. (Code 1959, §
18-80.)

Sec. 18-81. Penalty.

Any person who shall violate any provisions of this article
for which no other penalty is provided shall be punished by a

fine of not less than one dollar nor more than fifty dollars for
each offense. (Code 1959, § 18-81.)

Division 2. Parking Meters.[230]

Sec. 18-82. Time and manner of parking in metered parking
zone.

(a) When parking meters are erected giving notice thereof,
no person shall stop, stand or park a vehicle in any metered
parking zone for a period of time longer than designated by
such parking meters, upon the deposit of a coin of United
States currency of the designated denomination, on any day
except Sundays, upon any of the streets where parking meters
are installed.

(b) Every vehicle shall be parked wholly within the
metered parking space for which the meter shows parking
privilege has been granted and with the front end of such
vehicle immediately opposite the parking meter for such space.
(Code 1959, § 18-82.)

Sec. 18-83. Parking meter zones established; authority of
city manager to change.

(a) Parking meter zones are hereby established within the
district or upon those streets or parts of streets and municipally
operated parking lots described in the parking meter
schedule approved by the city council on March 4, 1957, in
which zones the parking of vehicles upon such streets and
parking lots shall be regulated by parking meters between the
hours specified in such schedule on any day except Sundays.

(b) The city manager is hereby authorized to amend the
schedule respecting parking meter zones, time limits and
parking charges now in effect and respecting the establishment
of parking meter zones at other locations upon those
streets or parts of streets and municipally operated parking
lots, if it is determined upon investigation by the city manager
and the chief of police that such changes shall be necessary
to aid in the regulation, control and inspection of the
parking of vehicles. (Code 1959, § 18-83.)

Sec. 18-84. Installation and operation of meters.

(a) The city manager shall install parking meters in the
parking meter zones, upon the curb immediately adjacent to
each designated parking space. Such meters shall be capable
of being operated, either automatically or mechanically, upon
the deposit therein of a coin of United States currency as required
in the schedule provided for in section 18-83, for the
full period of time for which parking is lawfully permitted
in any such parking meter zone.

(b) Each parking meter shall be so designed, constructed,
installed and set that, upon the expiration of the time period
registered by the deposit of one or more coins, as provided
herein, it will indicate by an appropriate signal that the lawful
parking meter period has expired, and during such period
of time and prior to the expiration thereof, will indicate the
interval of time which remains of such period.

(c) Each parking meter shall bear thereon a legend indicating
the hours when the requirement to deposit coins therein
shall apply, the value of the coins to be deposited and the
limited period of time for which parking is lawfully permitted
in the parking meter zone in which such meter is located.
(Code 1959, § 18-84.)

Sec. 18-85. Designating parking meter spaces; manner of
parking in spaces.

(a) The chief of police shall designate the parking space
adjacent to each parking meter for which such meter is to be
used. Parking meter spaces so designated shall be of appropriate
length and width so as to be accessible from normal
traffic lanes.

(b) No person shall park a vehicle in any such designated
parking meter space during the restricted and regulated time
applicable to the parking meter zone in which such meter is
located so that any part of such vehicle occupies more than
one such space, except, that a vehicle which is of a size too
large to be parked within a single designated parking meter
zone shall be permitted to occupy two adjoining parking meter
spaces when coins shall have been deposited in the parking
meter for each space so occupied as is required for the parking
of other vehicles in such space. (Code 1959, § 18-85.)

Sec. 18-86. Deposit of coins; overtime parking; other provisions
as to parking not affected.

(a) No person shall park a vehicle in any parking space
upon a street, or within a municipally operated parking lot,
alongside of and next to which a parking meter has been installed
during the restricted and regulated time applicable to
the parking meter zone in which such meter is located, unless
a coin of United States currency of the appropriate denomination
shall have been deposited by such person and the meter
has been placed in operation.

(b) No person shall permit a vehicle operated by him,
within his control or registered in his name to be parked in
any such parking meter space during the restricted and regulated
time applicable to the parking meter zone in which such
meter is located while the parking meter for such space indicates
by signal that the lawful parking time in such space
has expired. This provision shall not apply to the act of
parking or the necessary time which is required to deposit
immediately thereafter a coin in such meter.

(c) No person shall park a vehicle in any such parking
meter space for a consecutive period of time longer than that
limited period of time for which parking is lawfully permitted
in the parking meter zone in which such meter is located,
irrespective of the number or amounts of the coins deposited
in such meter.

(d) The provisions of this section shall not relieve any person
from the duty to observe other and more restrictive provisions
of this chapter and the state statutes prohibiting or
limiting the stopping, standing or parking of vehicles in specified
places or at specified times. (Code 1959, § 18-8.)

Sec. 18-87. Slugs, etc.

No person shall deposit or attempt to deposit in any parking
meter or change machine any slug, button or other device
or substance as a substitute for a coin of United States currency.
(Code 1959, § 18-87.)

Sec. 18-88. Injuring or tampering with meter.

No person shall deface, injure, tamper with, open or wilfully
break, destroy or impair the usefulness of any parking

meter and no person shall wilfully manipulate any parking
meter in such a manner that the indicator will fail to show
the correct amount of unexpired time before a violation.
(Code 1959, § 18-88.)

Sec. 18-89. Parking for purpose of making sales.

It shall be unlawful to park any vehicle within the area
designated as a parking meter zone or within any municipally
operated parking lot for the purpose of making sales of any
property to persons in the street or in such parking lot. This
section shall not apply to the selling or delivery of goods sold
within the buildings abutting on such streets or parking lots.
(Code 1959, § 18-89.)

Sec. 18-90. Deposits required levied as fees for certain purposes.

The coins required to be deposited in parking meters as
provided herein are hereby levied and assessed as fees to provide
for the proper regulation and control of traffic on the
public streets and to cover the cost of the supervision, inspection,
installation, operation, maintenance, control and use of
the parking spaces on such streets and within such municipally
operated parking lots and for regulating the parking of
vehicles in the parking meter zones hereby created. (Code
1959, § 18-90.)

Sec. 18-91. Loading zones, bus stops, etc., in parking meter
zones.

The city manager and the chief of police are authorized to
set apart, within the parking meter zones, spaces for loading
zones, bus stops, taxi stands and other places in which no
parking shall be permitted. (Code 1959, § 18-91.)

Sec. 18-92. Use of meter space for making deliveries, receiving
passengers, etc.

Commercial vehicles may be parked without deposit from
7:00 A. M. to 10:00 A. M. in metered spaces which are set
aside for this purpose and so designated by hoods placed on
the meters stating "LOADING AND UNLOADING ZONES";

provided, that commercial vehicles may only occupy such spaces
during the time necessary to complete actual operations of
delivering or picking up merchandise.

Commercial vehicles which require only one regular parking
space may be parked anywhere in the metered zone at any time
and for any purpose, if the required deposit is made in the meter
and if all other parking and meter regulations are complied with.

No commercial vehicle which requires more than one regular
parking space may be parked on Main Street between 7th Street,
East, and Ridge Street or on Main Street between 14th Street,
West, and Chancellor Street during the hours from 10:00 A. M. to
6:00 P. M. on any day.

Passenger vehicles may not use the temporary or permanent
loading zones for any purpose. Commercial vehicles shall not use
the loading zones except for the purpose of promptly delivering or
picking up merchandise.

Operators of passenger or commercial vehicles may use,
without deposit, a parking meter space for the purpose of
promptly receiving or discharging any passenger. (Code 1959, §
18-92.)

Sec. 18-93. Division applicable only to parking between
certain hours.

The provisions of this article shall apply to parking only
between the hours of 8:00 A. M. and 6:00 P. M. on days other than
Sundays. (Code 1959, § 18-93.)

DIVISION 3. PERMIT PARKING ZONES.

Sec. 18-93.1. Zones designated; display of permits.

The following areas of the city are hereby designated as permit
parking zones, within which it shall be unlawful for any motor
vehicle to be parked on a public right of way or street unless such
vehicle shall properly display a parking permit validly issued in
accordance with regulations adopted pursuant to this division:

That area bounded on the south by Thomson Road, on the east
by Emmet Street, on the north by Ivy Road, and on the west by
Alderman Road. (8-20-73.)

Sec. 18-93.2. Rules and regulations.

The city manager is hereby authorized and directed to
promulgate such rules and regulations as may be deemed
necessary and reasonable for the efficient and safe administration
and control of parking within each such permit parking zone as
from time to time may be established. Such regulations may
include, but need not be limited to, the following matters:

(a) The number, categories, terms and eligibility criteria for,
and fees to be charged for, permits to be issued for parking within
the zone.

(b) The specific streets, or portions thereof, within the zone for
which permits are to be required and the hours during which such
requirement shall be in force.

(c) The format, display and method of issuance of permits to be
issued, pursuant to such regulations.

(d) The notification to be given to residents of the zone before
implementation of the permit requirement and the standards for
posting of signs or notices to indicate to the public the areas and
times for which permits are required.

(e) The methods for determining additional areas in which a
need for establishment of a permit parking zone exists and for
assuring that the interests of the residents of any such area are
given full and fair consideration before any such zone shall be
recommended to council.

Such rules and regulations and any subsequent amendments
shall be submitted to city council for review and approval.
(8-20-13.)

Sec. 18-93.3. Violations.

The parking of any motor vehicle in a parking permit zone in
violation of this division or regulations adopted pursuant hereto
shall constitute a misdemeanor and shall be punishable by a fine
of not less than five nor more than twenty-five dollars. (8-20-73.)

Article V. Equipment.

Secs. 18-94 to 18-105. Repealed.

Sec. 18-106. Restrictions as to equipment traveling upon
streets.[231]

No vehicle, tractor, motorized shovel, traction engine or any
other type of motorized equipment, other than a regulation road
roller or a standard farm wagon with smooth wheel covering, may
travel or operate upon any paved street in the city, so as to come
in contact with the street surface, unless its wheels are equipped
with pneumatic-type rubber tires, or unless a special permit shall
have been obtained from the city manager. (Code 1959, § 18-106.)

Secs. 18-107 to 18-131. Repealed.

Sec. 18-132. Lights on parked vehicles.[232]

No lights need be displayed upon any vehicle parked within the
city when such vehicle is parked in accordance with the provisions
of this chapter. (Code 1959, § 18-132; 6-21-65, § 20.)

Sec. 18-133. Repealed.

Article VI. Repealed.

Secs. 18-134 to 18-148. Repealed.

Article VII. Accidents.

Sec. 18-149. Reports required.[233]

The driver of a vehicle involved in an accident shall file with the
city police department a report of the accident or a copy of any
report required by law to be filed with the state division of motor
vehicles. All such reports shall be for the confidential use of the

police department, and shall be subject to the provisions of
chapter 6 of title 46.1 of the Code of Virginia.

Secs. 18-150 to 18-160. Repealed.

Article VIII. Repealed.

Secs. 18-161 to 18-171. Repealed.

Article IX. Automobile Graveyards.[234]

Sec. 18-172. Defined.

For the purpose of this article, the term "automobile graveyard"
means any lot or place within the city which is exposed
to the weather and upon which more than five motor vehicles
of any kind, incapable of being operated, and which it would
not be economically practical to make operative, are placed,
located or found. (3-6-61.)

Sec. 18-173. Fencing required in residential zones.

Any person who owns, operates or maintains an automobile
graveyard in an R-1, R-2 or R-3 residential zoning district
shall erect and maintain a chainlink or board fence around
such automobile graveyard. The fence shall be at least six
feet high and shall comply with section 30-49. (3-6-61.)

Sec. 18-174. Burning prohibited in residential zones.

It shall be unlawful to burn any motor vehicle or any component
part of such vehicle in any automobile graveyard located
within an R-1, R-2 or R-3 residential zoning district.
(3-6-61.)

Sec. 18-175. Piling contents higher than fence; permitting
contents to be or remain outside fence.

It shall be unlawful for any contents of an automobile graveyard
to be piled higher than the fence required by this article,
or for any contents of an automobile graveyard to spill

over, be placed or allowed to remain on any right of way
or alley abutting such automobile graveyard or on any other
property other than property owned by an automobile graveyard.
(3-6-61.)

Article X. Vending in Streets from Vehicles.

Sec. 18-176. Definitions.

For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:

Vehicle. Any motor vehicle used for vending to a retail customer
on the city streets.

Vending. The sale of food, drink, ice cream or other frozen
dessert to a retail customer within the street right of way of
any public street in the city. (6-4-62.)

Sec. 18-177. Vehicles, subject to article.

Except as otherwise provided in this article, every motor
vehicle used to transact the business of vending to a retail

have on its periphery any block, stud, flange, cleat or spike or any
other protuberance of any material other than rubber which
projects beyond the tread of the traction surface of the tire;
except, that it shall be permissible to use farm machinery having
protuberances which will not injure the street or highway and to
use tire chains of reasonable proportions when required for safety
because of snow, ice or other conditions tending to cause a vehicle
to slide or skid. It shall also be permissible to use upon any
vehicle, whose gross weight does not exceed ten thousand pounds,
tires with studs which project not more than one-sixteenth of an
inch beyond the tread of the traction surface of the tire when
compressed and which cover not more than three per cent of the
traction surface of the tire. The use of such studded tires shall be
permissible from October 15, 1969, to April 15, 1970, from October
15, 1970 to April 15, 1971, and from October 15, 1971 to April 15,
1972. (10-19-70.)

Sec. 18-98.5. Same—Sale of tires having cleats, etc., prohibited;
exceptions.[235]

No person shall sell to any resident of the city a tire which shall
have on its periphery any block, stud, flange, cleat or spike or any
other protuberance of any material other than rubber which
projects beyond the tread of the traction surface of the tire;
except, that farm machinery having protuberances which will not
injure the highway and tire chains of reasonable proportions may
be sold; provided, that it shall be permissible to sell studded tires
whose use is permitted under section 18-98.4 until April 15, 1972.
(2-5-68; 10-19-70.)

Sec. 18-99. Steering gear.[236]

Every motor vehicle being operated upon a street shall be
equipped with steering gear adequate to insure the safe control of
the vehicle which shall not show signs of weakness or breaking
under ordinary conditions. (Code 1959, § 18-99.)

Sec. 18-100. Horns.[237]

Every motor vehicle operated upon a street shall be equipped

with a horn in good working order, capable of emitting sound
audible under normal conditions over a distance of not less than
two hundred feet. (Code 1959, § 18-100.)

Sec. 18-101. Illegal sirens, whistles, etc.; unlawful use of
horns, etc.[238]

It shall be unlawful for any vehicle to be equipped with or for
any person to use upon any vehicle any siren or exhaust,
compression or spark plug whistle or horn, except as may be
authorized in this chapter. It shall be unlawful for any vehicle to
be equipped with or for any person to use any horn or warning
device while upon a street or any way open to public travel
that is not of a type that has been approved by the superintendent
or for any person at any time to use a horn otherwise than as a
reasonable warning or to make any unnecessary or unreasonably
loud or harsh sound by means of a horn or other warning device;
except, that the vehicles of common carriers or extraordinarily
large and heavy vehicles may be equipped with such type of
warning device as the superintendent may require or permit.
(Code 1959, § 18-101.)

Sec. 18-102. Sirens or exhaust whistles upon emergency vehicles.[239]

Every police vehicle and vehicle used for the purpose of fighting
fire and every ambulance or rescue vehicle used for emergency
calls shall be equipped with a siren, exhaust whistle or air
horn designed to give automatically intermittent signals of a type
not prohibited by the superintendent. Publicly owned vehicles
used by a state forest warden may also be so equipped. (Code 1959,
§ 18-102.)

Sec. 18-103. Mirrors.[240]

(a) No person shall operate a motor vehicle upon a street which
is not equipped with a mirror so located as to reflect to the
operator a view of the street for a distance of not less than

two hundred feet to the rear of such vehicle.

(b) No motor vehicle registered in this state designed and
licensed primarily for passenger vehicular transportation on
the public streets and manufactured for the year 1969 or for
subsequent years shall be operated on the streets unless
equipped with at least one outside and at least one inside
rear view mirror meeting the requirements of subsection (a)
of this section. (Code 1959, § 18-103.)

Sec. 18-104. Signs on windshields, etc.[241]

It shall be unlawful for any person to operate any motor
vehicle, trailer or semitrailer upon a street with any sign,
poster or other nontransparent material upon the front windshield,
sideshields or rear windows of such motor vehicle
other than a certificate or other paper required to be placed
by law or which may be permitted by the superintendent.
(Code 1959, § 18-104.)

Sec. 18-104.1. Suspension of objects so as to obstruct driver's
view.[242]

It shall be unlawful for any person to operate a motor vehicle
upon a street in this city with any object other than rear
view mirror, sunvisor or other equipment of a motor vehicle
approved by the superintendent, suspended from any part of
such motor vehicle, in such manner as to obstruct the driver's
clear view of the street or highway through the windshield,
the front side windows or the rear window. (6-21-65, § 33.)

Sec. 18-105. Windshield wipers.[243]

Every permanent windshield on a motor vehicle shall be
equipped with a device for cleaning snow, rain, moisture or
other matter from the windshield directly in front of the
operator. The device shall be so constructed as to be controlled
or operated by the operator of the vehicle; provided,
that every such device on a vehicle designed or used to carry
passengers for compensation or hire or as a public conveyance

to transport school children or others shall be of a mechanically
or electrically operated type. The device or devices on
any motor vehicle manufactured or assembled after January
1, 1943, shall clean both the right and left sides of the windshield
and shall be of a mechanically or electrically operated
type. (Code 1959, § 18-105.)

Sec. 18-106. Restrictions as to equipment traveling upon
streets.[244]

No vehicle, tractor, motorized shovel, traction engine or
any other type of motorized equipment, other than a regulation
road roller or a standard farm wagon with smooth wheel
covering, may travel or operate upon any paved street in the
city, so as to come in contact with the street surface, unless
its wheels are equipped with pneumatic-type rubber tires, or
unless a special permit shall have been obtained from the city
manager. (Code 1959, § 18-106.)

Sec. 18-107. When signal device required.[245]

(a) Any motor vehicle, trailer or semitrailer which is so
constructed or carries a load in such a manner as to prevent
a hand and arm signal required by section 18-58 from being
visible both to the front and rear of such motor vehicle,
trailer or semitrailer, or any vehicle the driver of which is incapable
of giving the required hand and arm signals, shall be
equipped with a mechanical or electrical signal device which
meets the requirements of state law and is of a type that has
been approved by the superintendent.

(b) It shall be unlawful for any person to operate within the
city a motor vehicle registered in this state and manufactured
or assembled after January 1, 1955, unless such vehicle
is equipped with such a mechanical or electrical signal device
on both the front and rear of such vehicle.

(c) Any such mechanical or electrical signal device may be
used in lieu of the hand arm signal required by section 18-58.

(d) Subsections (a) and (b) of this section shall not apply

to any motorcycle. The provisions of this section shall not apply
to motor vehicles, trailers or semitrailers used for agricultural
or horticultural purposes which are exempted from
annual registration under section 46.1-45 of the Code of
Virginia. (Code 1959, § 18-107; 6-21-65, § 12.)

Sec. 18-108. Requirements of signal devices.[246]

(a) Every device intended and used to give a signal of
intention to turn or to stop a vehicle shall be so constructed
and so installed as to give a signal plainly visible in clear
weather and under normal traffic conditions from a distance
of at least one hundred feet to the rear and one hundred
feet to the front of the vehicle; except, that a stop signal
need be visible only to the rear; provided, that no front signal
shall be required on vehicles manufactured or assembled before
January 1, 1943.

(b) Motor vehicles, trailers and semitrailers, when temporarily
stopped on the traveled or paved portion of a street so
as to create a traffic hazard, shall use all four turn signals
simultaneously to signal approaching motorists of the existing
hazard whenever such vehicle is equipped with a device
which will cause the four turn signals to flash simultaneously.
All four signals may be flashed simultaneously on a vehicle
stopped at the scene of a traffic hazard, but in no event shall
all four signals be flashed simultaneously while the vehicle
is in motion. (Code 1959, § 18-108.)

Sec. 18-109. Flag or light at end of load.[247]

Whenever the load on any vehicle shall extend more than
four feet beyond the rear of the bed or body thereof, there
shall be displayed at the end of such load in such position as
to be clearly visible at all times from the rear of such load, a
red flag not less than twelve inches, both in length and width,
except that between one-half hour after sunset and one-half
hour before sunrise, there shall be displayed at the end of
such load a red light, plainly visible in clear weather at least
five hundred feet to the sides and rear of such vehicle. (Code
1959, § 18-109.)

Sec. 18-110. Exhaust system in good working order required.[248]

(a) No person shall drive and no owner of a motor vehicle
shall permit or allow the operation of any owned vehicle within
the city unless such motor vehicle is equipped with an exhaust
system of a type installed as standard factory equipment,
or comparable to that designed for use upon the particular
vehicle as standard factory equipment, in good working
order and in constant operation to prevent excessive or unusual
noise, or annoying smoke and escape of excessive gas,
steam or oil. An exhaust system shall not be deemed to prevent
excessive or unusual noise if it permits or allows the
escape of noise in excess of that permitted by the standard
factory equipment exhaust system of private passenger motor
vehicles or trucks of standard make.

(b) The term "exhaust system," as used in this section,
means all the parts of a motor vehicle through which the
exhaust passes after leaving the engine block. (Code 1159,
§ 18-110; 6-21-65, § 13.)

Sec. 18-111. Muffler cutout, etc., illegal.[249]

It shall be unlawful to sell or offer for sale (a) a muffler
without interior baffle plates or other effective muffling device,
or (b) any "gutted muffler," "muffler cutout" or
"straight exhaust." It shall be unlawful for any person to
operate on the streets of this city a motor vehicle equipped
with a "gutted muffler," "muffler cutout" or "straight exhaust."
(Code 1919, § 18-111; 6-21-65, § 14.)

Sec. 18-112. Construction must prevent escape of contents.[250]

No vehicle shall be operated or moved on any street unless
such vehicle is so constructed as to prevent its contents from
dropping, sifting, leaking or otherwise escaping therefrom.
(Code 1959, § 18-112.)

Sec. 18-113. Fastening load of logs, barrels, etc.[251]

No vehicle which is designed or used for the purpose of

hauling logs, poles or lumber, barrels, hogsheads or other
material or containers which by their very nature may shift
or roll, shall be operated or moved over any street unless its
load is securely fastened by adequate log chains or metal
cables so as to prevent the shifting or falling of such load
from the vehicle; provided, that tobacco hogsheads may, in
lieu of chains or metal cables, be secured by Manila or hemp
rope of such strength as to securely fasten the hogs-heads
against shifting, falling or rolling, and in any case of not
less than five-eights inch in diameter.

Nothing in this section shall be construed to release the
owner or operator from liability for failure to use reasonable
care in securing or fastening such load from shifting or falling.
(Code 1959, § 18-113.)

Sec. 18-114. Illegal possession, sale or use of unapproved
equipment.[252]

It shall be unlawful for any person to possess, with intent
to sell or offer for sale, either separately or as a part of the
equipment of a motor vehicle, or to use or have as equipment
upon a motor vehicle operated on any street within the city,
any lighting device, warning device, signal device, safety glass
or other equipment on which approval is required by state
law or any part tending to change or alter the operation of
such device, glass or other equipment unless the type that has
been submitted to and approved by the superintendent, or
meets or exceeds the standards and specifications of the Society
of Automotive Engineers, the American Standards Association
and the federal Department of Transportation.

It shall be unlawful for any person to use or have as
equipment upon a motor vehicle operated on any street within
the city any device or equipment mentioned in the preceding
paragraph which is defective or in unsafe condition.
(Code 1959, § 18-114; 6-21-65, § 15.)

Sec. 18-115. Trademark or name and instructions required.[253]

Each device, glass or other equipment mentioned in section
18-114 offered for sale in this city shall bear thereon a

trademark or name or be identified in keeping with the superintendent's
regulations and shall be accompanied by
printed instructions as to the proper mounting, use and candle
power of bulbs, if any, to be used therewith and any particular
methods of mounting or adjustments necessary to meet
the requirements of this chapter, and any rule or regulation
of the superintendent. (Code 1959, § 18-115.)

Sec. 18-115.1. Seat belts or shoulder harnesses required on
certain vehicles.[254]

(a) No motor vehicle registered in this state, designed and
licensed primarily for private passenger vehicular transportation
on the public highways, and manufactured for the year
1968 or for subsequent years, shall be operated on the streets
and highways in this city unless the front seats thereof are
equipped with adult safety lap belts or a combination of lap
belts and shoulder straps or harnesses of a type or types
approved by the superintendent.

(b) Failure to use such safety lap belts or a combination
of lap belts and shoulder straps or harnesses after installation
shall not be deemed to be negligence.

(c) Passenger motor vehicles registered in this state and
manufactured after January 1, 1968, shall be equipped with
lap belts or a combination of lap belts and shoulder straps or
harnesses as required to be installed at the time of manufacture
by the federal Department of Transportation. (6-21-65,
§ 34.)

Division 2. Lighting Equipment.

Sec. 18-116. Head lamps on motor vehicles.[255]

Every motor vehicle other than a motorcycle, road roller,
road machinery or tractor used on a street shall be equipped
with at least two head lamps as approved by the superintendent,
at the front of and on opposite sides of the motor
vehicle. (Code 1959, § 18-116.)

Sec. 18-117. Head lamps on motorcycles.[256]

Every motorcycle shall be equipped with at least one and

not more than two head lamps which shall be of a type that
has been approved by the superintendent and shall be capable
of projecting sufficient light to the front of such motorcycle
to render discernible a person or object at a distance of two
hundred feet but shall not project a glaring or dazzling light
to persons approaching such motorcycle. (Code 1959, § 18117.)

Sec. 18-118. Rear lamps.[257]

Every motor vehicle, trailer or semitrailer which is being
drawn at the end of one or more other vehicles, or motorcycles,
shall carry at the rear a lamp capable of exhibiting
a red light plainly visible in clear weather from a distance
of five hundred feet to the rear of such vehicle and such rear
lamp shall be constructed and so mounted in its relation to
the rear license plate as to illuminate by a white light such
license plate so that the same may be read from a distance
of fifty feet to rear of such vehicle; or a separate white light
shall be so mounted as to illuminate and make visible such
rear license from a distance of fifty feet to the rear of such
vehicle, such rear light or special white light to be of a type
that has been approved by the superintendent.

In any instance where the rear lamp is to be installed on a
boat trailer and the boat extends beyond the end of the trailer
or to the end of the trailer, an approved portable light assembly
may be attached to the exposed rear of the boat, provided
such installation complies with the visibility requirements of
this section. (Code 1959, § 18-118; 6-21-65, § 16.)

Sec. 18-119. Lamps on bicycles.[258]

Every bicycle when in use between sunset and sunrise shall
be equipped with a lamp on the front which shall emit a white
light visible in clear weather from a distance of at least five
hundred feet to the front and with a red reflector on the
rear of a type approved by the superintendent which shall be
visible from all distances in clear weather from fifty feet to
three hundred feet to the rear when directly in front of lawful
upper beams of head lamps on a motor vehicle. A lamp
emitting a red light visible in clear weather from a distance
of five hundred feet to the rear may be used in lieu of or in
addition to the red reflector. (Code 1959, § 18-119.)

Sec. 18-120. Lamps on other vehicles; reflex reflectors.[259]

(a) All vehicles or other mobile equipment not heretofore
in this article required to be equipped with specified lamps
shall carry one or more lamps or lanterns capable of projecting
a white light to the front and a red light to the rear visible
in clear weather from a distance of not less than five hundred
feet to the front and rear of such vehicles.

(b) In lieu of or in addition to the lamps or lanterns a
reflex reflector of a type, size and color approved by the superintendent
may be permanently affixed to the rear and front
of such vehicle. (Code 1959, § 18-120.)

Sec. 18-121. Dimension or marker lights—Generally.[260]

(a) All motor vehicles, trailers or semitrailers exceeding
seven feet in height or in width, or the widest portion of
which extends four inches beyond the front fender extremes,
shall be equipped with lamps mounted at the extreme right
and left-hand front top corners of such vehicle, each of which
lamps shall be capable of projecting an amber light visible
in clear weather for a distance of at least five hundred feet
to the front of such vehicle, and shall be equipped with lamps
mounted at the extreme right and left-hand rear top corners
of such vehicle, each of which light shall be capable of projecting
a red light visible in clear weather for a distance
of at least five hundred feet to the rear of such vehicle. If the
front or the rear of such vehicle shall not be the widest portion
of such vehicle, the dimension or marker lights required
by this section shall be mounted on the widest portions of
the vehicle, with the amber lights herein required visible from
the front as herein required and the red lights herein required
visible from the rear as herein required. The lamps
herein required shall be of a type that has been approved by
the superintendent.

(b) In addition to the lamps required herein, each such
vehicle shall be equipped with amber reflectors located on the
side thereof, at or near the front. Red reflectors shall be used
on the rear of each such vehicle. Such reflectors shall be securely
fastened to the vehicle not less than twenty-four

inches and not more than sixty inches from the ground; provided,
that in the case of a vehicle which is less than twenty-four
inches in height, such reflectors shall be securely fastened
thereto at the highest point the structure of a vehicle
will permit. The reflectors required herein shall be of a type
that have been approved by the superintendent.

(c) If any vehicle is so constructed as to make compliance
with the requirements of this section impracticable, the lamps
and reflectors required herein shall be placed on the vehicle in
accordance with the superintendent's regulations; provided,
that the requirement of reflectors shall not apply to school
busses unless used during the time that lights are required
under section 18-125. (Code 1959, § 18-121; 6-21-65, § 17.)

Sec. 18-122. Same—Vehicles or loads exceeding thirty-five
feet.[261]

Whenever any motor vehicle or combination of vehicles
whose actual length, including the load thereon, shall exceed
thirty-five feet and is not subject to the provisions of section
18-121, such vehicles shall, when operated during the hours
of darkness, be equipped with reflectors of a type approved
by the superintendent. Such reflectors shall be mounted on
the widest part of the towed vehicle or the load thereon so as
to be visible from the front and sides of the vehicle. (Code
1959, § 18-124.)

Sec. 18-123. Spotlights and ditch lights.[262]

Any motor vehicle or motorcycle may be equipped with not
to exceed two spotlights or two ditch lights which when
lighted shall be aimed and used so that no portion of the
beam will be directed to the left of the center of the highway
at any time or more than one hundred feet ahead of the
vehicle and shall be of a type that has been approved by the
superintendent. No such spotlights shall be used in conjunction
with or as a substitute for required headlights, except
in case of emergency. (Code 1959, § 18-123.)

Sec. 18-124. Other permissible lights; police and fire department
vehicles, emergency vehicles, etc.[263]

Any motor vehicle may be equipped with not to exceed two
fog lamps, one passing lamp, one driving lamp, two side
lamps of not more than six candle power, an interior light of
not more than fifteen candle power, vacant or destination
signs on vehicles operated as public carriers and signal
lamps.

Only those vehicles listed in subsection (a) of section 1866.1
and paragraph (a) of this section and school buses may
be equipped with flashing, blinking or alternating red emergency
lights of a type approved by the superintendent.

Vehicles used for the principal purpose of towing disabled
vehicles or in constructing, maintaining and repairing streets
and highways or utilities on or along public streets and highways
may be equipped with flashing, blinking or alternating
amber warning lights of a type approved by the superintendent.

(a) A member of any fire department, volunteer fire company
or volunteer rescue squad may equip one vehicle owned
by him with a flashing or steady-burning red light of a type
approved by the superintendent, for use by him only in answering
emergency calls.

Any person violating the provision of this section shall be
guilty of a misdemeanor.

(b) Blue lights, steady or flashing, of a type approved by
the superintendent, shall be reserved for civil defense vehicles,
publicly or privately owned.

No motor vehicle shall be operated on any street or highway
which is equipped with any lighting device other than
lamps required or permitted in this article or required or
approved by the superintendent. (Code 1959, § 18-124; 6-2165,
§ 18.)

Sec. 18-125. When lights to be lighted; number of lights to
be lighted at any time; use of warning lights.[264]

(a) Every vehicle upon a street within this city shall display
lighted lamps and illuminating devices as required by

this article from a half hour after sunset to a half hour before
sunrise and at any other time when, due to insufficient
light or unfavorable atmospheric conditions, persons or vehicles
on the streets are not clearly discernible at a distance
of five hundred feet.

(b) Not more than four lamps used to provide general
illumination ahead of the vehicle, including at least two head
lamps and any other combination of fog lamps, passing lamps,
driving lamp or other auxiliary lamp approved by the superintendent
shall be lighted at any time; provided, that this
limitation shall not preclude the display of such warning
lights as may be authorized in section 18-124, nor such lights
as may be authorized by the superintendent for purposes of
identification, other than warning lights.

(c) Vehicles equipped with warning lights authorized in
section 18-124 shall display such lights at all times when engaged
in emergency calls, and if engaged in towing disabled
vehicles or in constructing, repairing and maintaining public
highways or utilities on or along public highways, such lights
shall be displayed during the periods prescribed in subsection
(a) of this section. (Code 1959, § 18-125; 6-21-65, § 19.)

Sec. 18-126. Requirements as to single-beam head lamps.[265]

Approved single-beam head lamps shall be aimed in accordance
with requirements adopted by the superintendent
so as not to project a glaring or dazzling light to persons
approaching such head lamps and shall be of sufficient intensity
to reveal persons and objects at a distance of at least
two hundred feet. (Code 1959, § 18-126.)

Sec. 18-127. Requirements as to multiple-beam head lamps.[266]

Approved multiple-beam head lamps shall be aimed in accordance
with requirements adopted by the superintendent
based on recommendations of the Society of Automotive Engineers.
An uppermost distribution of light shall be provided
of sufficient intensity to reveal persons and objects at least
three hundred fifty feet ahead and at least one lower, nonglaring
distribution of light shall be provided. All road lighting

beams shall be of such intensity as to reveal persons and
objects at least one hundred feet ahead. (Code 1959, § 18-127.)

Sec. 18-128. Indicator lamp required.[267]

Every new motor vehicle hereafter sold when operated on
a street shall be equipped with an indicator lamp in good condition
which shall indicate to the operator when the uppermost

distribution of light is being used. (Code 1959, § 18128.)

Sec. 18-129. Lighting equipment required or prohibited.[268]

Every vehicle operated or moved upon a street within this
city shall at all times be equipped with such lamps as are required
by this division for different classes of vehicles, which
lamps shall at all times be capable of being lighted, except
as therein otherwise provided (and which shall be installed
and aimed as set forth in such laws); but this section shall
not apply to any vehicle for transporting well-drilling machinery
licensed under section 46.1-156, Code of Virginia,
when operated only between the hours of sunrise and sunset.
(Code 1959, § 18-129.)

Sec. 18-130. When dimming headlights, etc., required.[269]

Whenever a vehicle is being operated upon a street or a
portion thereof which is sufficiently lighted to reveal any person
or object upon such way at a distance of three hundred
and fifty feet ahead, the operator of such vehicle shall use
one of the lowermost distributions of light or shall dim the
head lamps if the vehicle has single-beam lamps. Whenever
a vehicle approaches an oncoming vehicle within five hundred
feet it shall be the duty of the operator of such vehicle to
use one of the lowermost distributions of light so aimed that
glaring rays are not projected into the eyes of the oncoming
driver, or to dim the head lamps if the vehicle has single-beam
lamps.

Whenever the operator of any motor vehicle approaches
from the rear or follows within two hundred feet of another
vehicle proceeding in the same direction, such operator shall
use the lowermost distributions of light or shall dim the head
lamps if the vehicle has single-beam lamps. (Code 1959, §
18-130.)

Sec. 18-131. Dimming or lowering headlights on parked vehicles.[270]

Whenever a vehicle is parked so that the beam from the

headlights of such parked vehicle will glare into the eyes of
the driver of a vehicle approaching upon a street, it shall be
the duty of the operator of the parked vehicle to dim or low
beam such lights so that glaring rays are not projected into
the eyes of such approaching driver. (Code 1959, § 18-131.)

Sec. 18-132. Lights on parked vehicles.[271]

No lights need be displayed upon any vehicle parked within
the city when such vehicle is parked in accordance with the
provisions of this chapter. (Code 1959, § 18-132; 6-21-65, §
20.)

Sec. 18-133. Acetylene lamps on antique motor vehicles.[272]

(a) Antique motor vehicles, as defined in section 18-1, may
be equipped with two acetylene head lamps of approximately
equal candle power when equipped with clear plain glass
fronts, bright, six-inch spherical mirrors and standard acetylene
five-eighths foot burners, not more and not less, which
project a driving light sufficient to render clearly discernible
a person upon the roadway within a distance of two hundred
feet but must not project a glaring or dazzling light into the
eyes of approaching drivers.

(b) Vehicles equipped with acetylene lights as hereinbefore
provided shall also be equipped with a rear lamp of acetylene
type, which, when lighted, shall project a red light visible for
a distance of three hundred feet to the rear of the vehicle
and shall be so constructed as to illuminate by a white light
the rear license plate of such vehicle so as to be read for
a distance of fifty feet from the rear of such vehicle. (Code
1959, § 18-133.)

Article VI. Size and Weight of Vehicles.

Sec. 18-134. Width of vehicles and exceptions as to size.[273]

No vehicle, including any load thereon, but excluding the
mirror required by section 18-103, shall exceed a total outside

width as follows: (1) Farm tractor—One hundred eight
inches; (2) passenger bus operated in the city when authorized
pursuant to Code of Virginia, 1950, section 46.1-180—
One hundred two inches; (3) other vehicles—Ninety-six
inches. (Code 1959, § 18-34.)

Sec. 18-135. Height of vehicles; damage to overhead obstruction;
notice of damage to overhead bridges,
etc.[274]

(a) No vehicle, unladen or with load, shall exceed a
height of thirteen feet, six inches.

(b) Nothing contained in this section shall be construed to
require either public authorities or railroad companies to provide
vertical clearances of overhead bridges or structures in
excess of twelve feet, six inches, or to make any changes in
the vertical clearance of existing overhead bridges or structures
crossing streets or highways. The operator or owner of
vehicles operating on streets or highways shall be held
financially responsible for any damage to overhead bridges
or structures that result from collisions therewith.

(c) The operator or owner of any vehicle colliding with
any overhead bridge or structure shall immediately notify,
either in person or by telephone, the public authority or railroad
company owning or maintaining such overhead bridge
or structure, or a police officer, of the fact of such collision,
and his name, address, operator's or chauffeur's license number
and the registration number of his vehicle. Failure to give
such notice immediately, either in person or by telephone, shall
constitute a violation of this chapter. (Code 1959, § 18-135;
6-21-65, § 21.)

Sec. 18-136. Length of vehicles—Generally; special permits.[275]

Except for passenger busses, no motor vehicle exceeding a
length of thirty-five feet shall be operated upon a street within
this city. The actual length of any combination of vehicles
coupled together, including any load thereon, shall not exceed
a total of fifty-five feet, and no tolerance shall be allowed
thereon; provided, that the city manager, when good cause
is shown, may issue a special permit for combinations in

excess of fifty-five feet, including any load thereon, where
the objects to be carried can not be moved otherwise; and
passenger busses in excess of thirty-five feet, but not exceeding
forty feet, may be operated on the streets of this city,
when authorized pursuant to section 46.1-180 of the Code of
Virginia. (Code 1959, § 18-136; 6-21-65, § 22.)

Sec. 18-137. Same—Mobile homes or house trailers.[276]

The actual length of any combination of a towing vehicle
and any mobile home or house trailer, coupled together, shall
not exceed a total length of fifty-five feet, including coupling.
(Code 1959, § 18-137.)

Sec. 18-138. Size limitations inapplicable to farm machinery
and fire-fighting equipment.[277]

The limitations upon size of vehicles prescribed in sections
18-134 to 18-136 and sections 18-139 and 18-140 shall not
apply to farm machinery other than farm tractors when such
machinery is temporarily propelled, hauled, transported or
moved upon any street by a farm machinery distributor or
dealer or by a farmer in the ordinary course of business, nor
to fire-fighting equipment of any county, city, town or firefighting
company or association. (Code 1959, § 18-138; 6-21-65,
§ 23.)

Sec. 18-139. Extension of loads beyond front of vehicles.[278]

No train of vehicles or a vehicle operated alone shall carry
any load extending more than three feet beyond the front
thereof. (Code 1959, § 18-139.)

Sec. 18-140. Extension of loads beyond sides.[279]

No vehicle shall carry any load extending more than six
inches beyond the line of the fender or body; provided, that
such load shall not exceed a total outside width as prescribed
by section 18-134. (Code 1959, § 18-140; 6-21-65, § 24.)

Sec. 18-141. Vehicles having more than one trailer, etc., attached
thereto.[280]

No motor vehicle shall be driven upon a street drawing or
having attached thereto more than one motor vehicle, trailer
or semitrailer unless such vehicle is being operated under a
special permit from the state highway commission, but this
limitation shall not apply between sunrise and sunset to such
farm trailers or semitrailers being moved from one farm to
another farm owned or operated by the same person within
a radius of ten miles; provided, that this limitation shall
not apply to a combination of vehicles coupled together by a
saddle mount device used to transport motor vehicles in a
drive-away service from factory to dealer when not more
than two saddle mounts are used and such use is in conformity
with safety regulations adopted by the superintendent.
(Code 1959, § 18-141; 6-21-65, § 25.)

Sec. 18-142. Connection between vehicles.[281]

The connection between any two vehicles, one of which is
towing or drawing the other on a street, shall consist of a
fifth wheel, drawbar or other similar device not to exceed ten
feet in length from one vehicle to the other and such two
vehicles shall in addition to such drawbar or other similar
device be equipped at all times when so operated on a street
with an emergency chain. (Code 1959, § 18-142.)

Sec. 18-143. Same—In case of breakdown.[282]

The provisions of section 18-142 shall not apply in case of
a bona fide emergency resulting from a mechanical breakdown
or an accident when such vehicle is being towed to the nearest
garage or repair shop which can furnish the required
service. In any such case, such connection may consist solely
of a chain, rope or cable of not over fifteen feet in length
between vehicles; provided, that a licensed operator shall be
at the controls of the towed vehicle to brake, steer and control
the lights thereof. (Code 1959, § 18-143.)

Sec. 18-144. Towing unlicensed or uninspected motor vehicle.[283]

Nothing in this chapter shall be construed to prohibit towing
an unlicensed motor vehicle or motor vehicle which has
not been inspected. (Code 1959, § 18-144.)

Sec. 18-145. Weight of vehicles and loads.

The maximum gross weight and axle weight to be permitted
on the road surface of any street in the city shall be in accordance
with the provisions of Code of Virginia, section
46.1-339.[284]
(Code 1959, § 18-145.)

Sec. 18-146. When weight and load limits may be decreased.[285]

The city manager and the chief of police, in their discretion,
may make, promulgate and enforce rules and regulations
decreasing the weight and load limit specified in Code of Virginia,
section 46.1-339, for a total period not to exceed ninety
days in any calendar year, when operation over streets by
reason of deterioration, rain, snow or other climatic conditions
will seriously damage such streets unless such weights
are reduced. The city manager shall cause to be erected signs
stating the weight specified in such rule or regulation at each
end of the section of the street affected and no such rule or
regulation shall be effective until such signs are erected. Any
person violating such rules and regulations shall be punished
as provided in section 18-22. (Code 1959, § 18-146.)

Sec. 18-147. Permits for vehicles of excessive size and
weight.[286]

(a) The city manager and the chief of police may, in their
discretion, upon application in writing and good cause being
shown therefor, issue a special permit, in writing, authorizing

the applicant to operate or move a vehicle upon the streets
of a size or weight exceeding the maximum specified in this
article. Every such permit may designate the route to be
traversed and contain any other restrictions or conditions
deemed necessary by the city manager and the chief of police.

(b) Provided, however, that the city manager and the
chief of police, upon application in writing made by the owner
or operator of three axle trucks hauling road construction
materials and having a gross weight not exceeding forty-three
thousand nine hundred pounds, a single axle weight not exceeding
eighteen thousand pounds, and a tandem axle weight
not exceeding thirty-two thousand pounds, shall issue to such
owner or operator, without cost, a permit in writing authorizing
the operation of such vehicles upon the streets. No such
permit shall designate the route to be traversed, nor contain
restrictions or conditions not applicable to other vehicles in
their general use of the highways; provided further, that the
city manager and the chief of police, upon application in
writing made by the owner or operator of three-axle vehicles
used exclusively for the mixing of concrete in transit and
having a gross weight not exceeding fifty thousand pounds,
a single axle weight not exceeding eighteen thousand pounds,
and a tandem axle weight not exceeding thirty-six thousand
pounds, shall issue to such owner or operator, without cost, a
permit in writing authorizing the operation of such vehicles
upon the streets. No such permit shall designate the route to
be traversed nor contain restrictions or conditions not applicable
to other vehicles of this weight in their general use
of the highways.

(c) Provided further, that the city manager and the chief
of police, upon application in writing, made by the owner or
operator of vehicles used exclusively for the hauling of coal
from a mine or other place of production to a preparation
plant or railroad, shall issue to such owner or operator, without
cost, a permit in writing authorizing the operation of
three-axle vehicles having a gross weight not exceeding
fifty thousand pounds, a single axle weight not exceeding
twenty-four thousand pounds and a tandem axle weight not
exceeding forty thousand pounds, and shall issue such permit
for two-axle vehicles having a gross weight not exceeding
thirty-six thousand pounds and a single-axle weight not exceeding
twenty-four thousand pounds.

(d) Every permit required by this section shall be carried
in the vehicle to which it refers and shall be open to inspection
by any police officer, and any person violating any of the
terms or conditions of such special permit shall be punished
as provided in section 18-22. (Code 1959, § 18-147.)

Sec. 18-148. Weighing vehicles.[287]

An officer authorized to enforce the law under this chapter,
having reason to believe that the weight of a vehicle and load
is unlawful, is authorized to weigh the same. If the place
where the vehicle is stopped is ten miles or less from a permanent
weighing station, the officer may, and upon demand
of the driver, shall require the vehicle to proceed to such
station. If the distance to the nearest permanent weighing
station is more than ten miles, such vehicle may be weighed
by loadometers. Any operator who fails or refuses to drive
his vehicle to such permanent weighing station or upon such
scales or loadometers upon the request and direction of the
officer to do so, shall, upon conviction thereof, be fined not
less than ten dollars nor more than one hundred dollars, which
penalty shall be in addition to any other penalties prescribed
for exceeding the maximum gross weight permitted or for
any other violation. Should the officer find that the weight of
any vehicle and its load is greater than that permitted by this
article, or that the weight of the load carried in or on such
vehicle is greater than that which the vehicle is licensed to
carry, he may require the driver to unload, at the nearest
place where the property unloaded may be stored or transferred
to another vehicle, such portion of the load as
may be necessary to decrease the gross weight of the vehicle
to the maximum therefore permitted by this article. If the
driver of an overloaded vehicle is convicted, forfeits bail or
purchases an increased license as a result of such weighing,
the court in addition to all other penalties shall assess and
collect a weighing fee of two dollars from the owner or
operator of the vehicle. (Code 1959, § 18-148.)

Article VII. Accidents.

Sec. 18-149. Duty of driver to stop, etc., in event of accident;
duty of occupant; reports additional to other
accident reports required by this article.[288]

(a) The driver of any vehicle involved in an accident in
which an attended vehicle or other attended property is damaged
shall immediately stop as close to the scene of the accident
as possible without obstructing traffic and report to a
police officer or to the driver or some other occupant of the
vehicle collided with or to the custodian of other damaged
property, his name, address, operator's or chauffeur's license
number and the registration number of his vehicle.

(b) If the driver fails to stop and make the report required
by subsection (a) of this section, any person in the vehicle
with the driver at the time of the accident who has knowledge
of the accident shall report within twenty-four hours from
the time of the accident to the chief of police of the city, his
name, address and such other information within his knowledge
as the driver must report pursuant to subsection (a)
of this section.

(c) The driver of any vehicle involved in an accident in
which no person is killed or injured but in which an unattended
vehicle or other unattended property is damaged
shall make a reasonable effort to find the owner or custodian
of such property and shall report to the owner or custodian
the information which the driver must report pursuant to subsection
(a) of this section if such owner or custodian is found.
If the owner or custodian of such damaged vehicle or property
cannot be found, the driver shall leave a note in a conspicuous
place at the scene of the accident and shall report
the accident in writing within twenty-four hours to the chief
of police. Such note and written report shall contain the information
which the driver must report pursuant to subsection
(a) of this section and such written report shall state
in addition the date, time and place of the accident, the
driver's estimate of the property damage.

(d) If the driver fails to stop and make a reasonable search
for the owner or custodian of an unattended vehicle or property
or to leave a note for such owner or custodian as required

by subsection (c) of this section, any person in the
vehicle with the driver at the time of the accident who has
knowledge of the accident shall report within twenty-four
hours from the time of the accident to the chief of police,
his name, address and such other facts within his knowledge
as are required by subsection (c) of this section to be reported
by the driver.

(e) The reports required by this section are in addition to
other accident reports required by this chapter or by state
law[289] and shall be made irrespective of the amount of property
damage involved.

(f) The provisions of this section shall apply irrespective
of whether such accident occurs on the public streets or on
private property. (Code 1959, § 18-149.)

Sec. 18-150. Penalty for violating preceding section.[290]

Any person convicted of violating section 18-149 shall be
punished by a fine not exceeding five hundred dollars or confinement
in jail not exceeding twelve months, or both, in the
discretion of the jury or the court trying the case without a
jury; provided, that if the vehicle struck is unattended and
the damage thereto is less than twenty-five dollars, such
person shall be punished only by a fine not exceeding fifty
dollars. (Code 1958, § 18-150; 6-21-65, § 26.)

Sec. 18-150.1. Revocation of operator's license for violation of
section 18-149.[291]

Any person convicted of violating the provisions of section
18-150, may be punished, in addition to the penalties provided
in section 18-150, if such accident resulted only in damage to
property and such damage exceeded two hundred fifty dollars,
by revocation of his license or privilege to operate a motor
vehicle on the highways of this state for a period not to exceed
six months by the court or judge; provided, that this
section shall in no case be construed to limit the authority

or duty of the commissioner with respect to revocation of
licenses for violation of section 18-149 as provided in chapter
6 (§ 46.1-388 et seq.) of title 46.1 of the Code of Virginia.
Any license revoked under the provisions hereof shall be surrendered
to the court to be disposed of in accordance with
the provisions of section 46.1-425 of the Code of Virginia.

Sec. 18-151. Leaving scene of accident when directed to do
so by officer.[292]

A person shall leave the scene of a traffic accident when
directed to do so by a police officer. (Code 1959, § 18-151.)

Sec. 18-152. Driver to give immediate notice of certain accidents.[293]

The driver of any vehicle involved in any accident resulting

in injury to or death of any person or some person acting
for him shall immediately by the quickest means of communication
give notice of the accident to the police department. A
wilful failure to make the report required in this section shall
constitute a misdemeanor and be punishable under section
18-22. (Code 1959, § 18-152.)

Sec. 18-153. Driver to make written report of certain accidents
to police; supplemental reports; reports
by witnesses.[294]

(a) The driver of a vehicle involved in an accident resulting
in injury to or death of any person or total property
damage to an apparent extent of one hundred dollars, or more,
shall, within five days after the accident, make a written report
of it to the police department.

(b) The chief of police may require any driver of a vehicle
involved in any accident of which report must be made
to file a supplemental report whenever any report is insufficient
in his opinion and he may require witnesses of accidents
to render reports to the police department. A wilful
failure to file the report required in this section shall constitute
a violation of this chapter, and shall be punishable
under section 18-22. (Code 1959, § 18-153.)

Sec. 18-154. Report by officer investigating accident.[295]

Every police officer who in the course of duty investigates
a motor vehicle accident of which report must be made, either
at the time of and at the scene of the accident or thereafter
and elsewhere, by interviewing participants or witnesses
shall, within twenty-four hours after completing the investigation,
forward a written report of the accident to the police
department. (Code 1959, § 18-154.)

Sec. 18-155. Occupants to report when driver incapable.[296]

Whenever the driver of a vehicle is physically incapable of
making an immediate or a written report of an accident of
which a report is required, each other occupant of the vehicle
at the time of the accident, if any, who is capable of so

doing must make the report required by this article to be
made primarily by the driver. A wilful failure to file the
report required by this section shall constitute a violation of
this chapter, and shall be punishable under section 18-22.
(Code 1959, § 18-155.)

Sec. 18-156. Report required of person in charge of garage
or repair shop.[297]

The person in charge of any garage or repair shop to which
is brought any motor vehicle that shows evidence of having
been involved in a serious motor vehicle accident or with evidence
of bloodstains shall report to the police station within
twenty-four hours after the motor vehicle is received, giving
the engine number, registration number and the name and
address of the owner or operator of the vehicle if known.
Reports required by this section shall be made upon forms
provided by the police department. (Code 1959, § 18-156.)

Sec. 18-157. Reports made by persons involved in accidents
or by garages without prejudice and confidential;
exceptions.[298]

All accident reports made by persons involved in accidents
or by garages shall be without prejudice to the individual so
reporting and shall be for the confidential use of the police
department or other city or state agencies having use for the
records for accident prevention purposes; except, that the
police department may disclose the identity of a person involved
in an accident when his identity is not otherwise known
or when he denies his presence at the accident. (Code 1959, §
18-157.)

Sec. 18-158. Extent to which accident reports may be used as
evidence.[299]

No accident report shall be used as evidence in any trial,
civil or criminal, arising out of an accident, except that the
police department shall furnish upon demand of any person

who has or claims to have made such a report or upon demand
of any court a certificate showing that a specified accident
report has or has not been made to the police department,
solely to prove compliance or noncompliance with the requirement
that the report be made to the police department. (Code
1959, § 18-158.)

Sec. 18-159. Use of accident reports made by investigating
officers.[300]

Subject to the provisions of section 18-157, all accident reports
made by investigating officers shall be for the confidential
use of the police department and other city or state agencies
for accident prevention purposes and shall not be used
as evidence in any trial, civil or criminal, arising out of any
accident. The police department shall disclose from the reports,
upon request of any person, the date, time and location
of the accident and the names and addresses of the drivers,
the owners of the vehicles involved, the injured persons, the
witnesses and one investigating officer. (Code 1959, § 18-159.)

Sec. 18-160. Accident reports to be in addition to reports required
by state law.[301]

The reports of accidents as required by this article are in
addition to and not in lieu of any reports required by Code
of Virginia, sections 46.1-399 to 46.1-416. (Code 1959, § 18160.)

Article VIII. Protection of Pedestrians.

Sec. 18-161. Pedestrians crossing streets.[302]

(a) When crossing streets, pedestrians shall not carelessly
or maliciously interfere with the orderly passage of vehicles.
They shall cross wherever possible only at intersections, but
where intersections of streets contain no marked crosswalks
pedestrians shall not be guilty of negligence as a matter of
law for failure to cross at such intersection. They shall cross
only at right angles.

(b) Pedestrians may cross in intersection diagonally when
all traffic entering the intersection has been halted by lights,
semaphores or signals by a peace or police officer. (Code 1959,
§ 18-161.)

Sec. 18-162. Right of way of pedestrians.[303]

The driver of any vehicle upon a street within a business or
residence district shall yield the right of way to a pedestrian
crossing such street within any clearly marked crosswalk,
whether at midblock or at the end of any block, or any regular
pedestrian crossing included in the prolongation of the lateral
boundary lines of the adjacent sidewalk at the end of a block,
except at intersections where the movement of traffic is being
regulated by traffic officers or traffic-direction devices.

No pedestrian shall enter or cross an intersection in disregard
of approaching traffic.

The drivers of vehicles entering, crossing or turning at
intersections shall change their course, slow down or come to
a complete stop if necessary to permit pedestrians to safely
and expeditiously cross such intersection.

Pedestrians crossing streets at intersections shall at all
times have the right of way over vehicles making turns into
the streets being crossed by the pedestrians.

Notwithstanding the provisions contained in section 18-1,
as used in this section, "business district" means the territory
contiguous to a street or highway where fifty per cent or more
of the total frontage on either side of the street or highway,
for a distance of one hundred fifty feet or more, is used for
business purposes.

Notwithstanding the provisions contained in section 18-1,
as used in this section, "residence district" means the territory
contiguous to a street or highway, not comprising a business
district, where fifty per cent or more of the total frontage, on
either side of the street or highway, for a distance of one
hundred fifty feet or more, is used for residential purposes.
(Code 1959, § 18-162; 6-21-65, § 27.)

Sec. 18-163. Stepping where they cannot be seen.[304]

Pedestrians shall not step into that portion of a street open

to moving vehicular traffic at any point between intersections
where their presence would be obscured from the vision of
drivers of approaching vehicles by a vehicle or other obstruction
at the curb or side, except to board a passenger bus or to
enter a safety zone, in which event they shall cross the street
only at right angles. (Code 1959, § 18-163.)

Sec. 18-164. Entering or leaving busses.[305]

When actually boarding or alighting from passenger busses,
pedestrians shall have the right of way over vehicles, but shall
not, in order to board or alight from passenger busses, step
into the street sooner nor remain there longer than is absolutely
necessary. (Code 1959, § 18-164.)

Sec. 18-165. Pedestrians not to use streets except when necessary;
keeping to left; soliciting rides.[306]

Pedestrians shall not use the streets, other than the sidewalk
thereof, for travel, except when necessary to do so because
of the absence of sidewalks, reasonably suitable and
passable for their use, in which case, if they walk upon the
hard surface, or the main-traveled portion of the roadway,
they shall keep to the extreme left side of edge thereof, or
where the shoulders of the street are of sufficient width to
permit, they may walk on either shoulder thereof.

Pedestrians shall not stand or stop in any roadway or street
for the purpose of soliciting rides. (Code 1959, § 18-165.)

Sec. 18-166. Playing on streets[307] ; roller skates, toys or other
devices on wheels or runners; persons riding
bicycles, etc., not to attach to vehicles.

No person shall play on a street, other than upon the sidewalks
thereof, within the city. No person shall use on a street
where play is prohibited roller skates, toys or other devices
on wheels or runners (including but not limited to devices
known as "skate boards" or "sidewalk surfboards"), except

bicycles and motorcycles. The city manager may designate
areas on streets where play is prohibited in which persons
may be permitted to use roller skates, toys or other devices
on wheels or runners, and, if such streets have two traffic
lanes, such persons shall keep as near as reasonably possible
to the extreme left side or edge of the left-hand lane so that
they will be facing oncoming traffic at all times.

No person riding upon any bicycle, roller skates, toys or
other devices on wheels or runners shall attach the same or
himself to any vehicle upon a roadway.

No parent or guardian having the legal custody of any
minor shall permit such minor to violate any of the provisions
of this section. (Code 1959, § 18-166.)

Sec. 18-167. Penalty for violating sections 18-161 to 18-166.[308]

Any person convicted of violating any of the provisions of
sections 18-161 to 18-166 shall be fined not less than two dollars
nor more than twenty-five dollars for each offense. (Code
1959, § 18-167.)

Sec. 18-168. When vehicles to stop for pedestrians carrying
white or red-tipped white cane.[309]

Whenever a pedestrian is crossing or attempting to cross a
public street or highway, guided by a guide dog or carrying
in a raised or extended position a cane or walking stick clearly
visible above the body which is metallic or white in color or
white tipped with red, the driver of every vehicle approaching
the intersection or place of crossing shall bring his vehicle to
a full stop before arriving at such intersection or place of
crossing, unless such intersection or place of crossing is controlled
by a traffic officer. (Code 1959, § 18-168; 6-21-65,
§ 28.)

Sec. 18-169. Unlawful for person not blind or incapacitated
to carry white or red-tipped white cane.[310]

It is unlawful for any person, unless totally or partially

blind or otherwise incapacitated, while on any public street
or highway, to carry in a raised or extended position a cane
or walking stick which is metallic or white in color or white
tipped with red. (Code 1959, § 18-169; 6-21-65, § 29.)

Sec. 18-170. Penalty for violating sections 18-168 and 18-169.[311]

Any person who violates any provision of section 18-168
or 18-169 shall, upon conviction thereof, be punished by a fine
not exceeding twenty-five dollars or imprisonment in jail not
exceeding ten days, or both. (Code 1959, § 18-170.)

Sec. 18-171. Construction of sections 18-168 and 18-169;
failure to use cane or guide dog not contributory
negligence.[312]

Nothing contained in sections 18-168 and 18-169 shall be
construed to deprive any totally or partially blind or otherwise
incapacitated person, not carrying a cane or walking
stick or not being guided by a dog, of the rights and privileges
conferred by law upon pedestrians crossing streets, nor shall
the failure of such totally or partially blind or otherwise incapacitated
person to carry a cane or walking stick, or to be
guided by a guide dog upon the streets or sidewalks of this
city be held to constitute nor be evidence of contributory
negligence. (Code 1959, § 18-171.)

Article IX. Automobile Graveyards.[313]

Sec. 18-172. Defined.

For the purpose of this article, the term "automobile graveyard"
means any lot or place within the city which is exposed
to the weather and upon which more than five motor vehicles
of any kind, incapable of being operated, and which it would
not be economically practical to make operative, are placed,
located or found. (3-6-61.)

Sec. 18-173. Fencing required in residential zones.

Any person who owns, operates or maintains an automobile
graveyard in an R-1, R-2 or R-3 residential zoning district
shall erect and maintain a chainlink or board fence around
such automobile graveyard. The fence shall be at least six
feet high and shall comply with section 30-49. (3-6-61.)

Sec. 18-174. Burning prohibited in residential zones.

It shall be unlawful to burn any motor vehicle or any component
part of such vehicle in any automobile graveyard
located within an R-1, R-2 or R-3 residential zoning district.
(3-6-61.)

Sec. 18-175. Piling contents higher than fence; permitting
contents to be or remain outside fence.

It shall be unlawful for any contents of an automobile
graveyard to be piled higher than the fence required by this
article, or for any contents of an automobile graveyard to
spill over, be placed or allowed to remain on any right of way
or alley abutting such automobile graveyard or on any other
property other than property owned by an automobile graveyard.
(3-6-61.)

Article X. Vending in Streets from Vehicles.

Sec. 18-176. Definitions.

For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:

Vehicle. Any motor vehicle used for vending to a retail
customer on the city streets.

Vending. The sale of food, drink, ice cream or other frozen
dessert to a retail customer within the street right of way of
any public street in the city. (6-4-62.)

Sec. 18-177. Vehicles, subject to article.

Except as otherwise provided in this article, every motor
vehicle used to transact the business of vending to a retail

customer where the sale is made in the city street right of way
shall be subject to the provisions of this article. (6-4-62.)

Sec. 18-178. Impeding traffic prohibited; parking, etc., prohibited
except to transact business.

No vehicle vending within the city shall interfere with or
impede the flow of traffic on any city street, and except for
emergency stops, no such vehicle shall be parked or stopped
on any street when not engaged in transacting its business.
(6-4-62.)

Sec. 18-179. Stopping near schools.

No vending vehicle shall stop, except for emergency reasons,
within one hundred feet of any school property without
the annual written consent of the principal of such school
permitting such stop. (6-4-62.)

Sec. 18-180. Stopping prohibited on certain streets.

No sales shall be made by a vehicle on any street where
posted speed limits are in excess of twenty-five miles per hour.
(6-4-62.)

Sec. 18-181. Regulations as to sales.

Whenever a vehicle is stopped for the purpose of making
sales it shall be stopped at the right-hand curb of the street,
or if there is no curb, at the extreme right-hand edge of pavement.
No sales shall be made from any such vehicle to any
person not standing on the sidewalk, or where no sidewalk
has been installed, not standing off the paved roadway. At
such stops, the vehicle's motor shall be cut off unless its operation
is essential to producing the product sold. (6-4-62.)

Sec. 18-182. Maximum number of vehicles permitted to vend
within one block.

Only one vending vehicle may dispense merchandise in any
given city block at a time. (6-4-62.)

Sec. 18-183. Amber signal lights required on vehicles.

Each vending vehicle shall be equipped with four amber
signal lights, of a minimum diameter of four inches, located
on each corner of the top of the vehicle. All four lights shall
flash simultaneously while such vehicle is stopped for the purpose
of making sales. (6-4-62.)

Sec. 18-184. Use of noise-making devices restricted.

No vending vehicle shall use any noise-making device for
the purpose of attracting customers, except the sounding of
bells, and such bells shall be used only while the vehicle is in
motion from one regular stop to the next regular stop. (6-462.)

Sec. 18-185. Refuse disposal.

Each vehicle shall be equipped with a receptacle for the
disposal of wrappers, papers, containers and other trash. The
driver of each vehicle, before he leaves for his next regular
stop, shall insure that no wrappers, papers, containers, etc.,
have been left on the sidewalk or street. (6-4-62.)

Sec. 18-186. Exemptions from article.

The provisions of this article shall not apply to persons
vending farm produce grown by the vendor, nor to persons
vending wood. (6-4-62.)

Article XI. Highway Safety Commission.

Sec. 18-187. Reestablished; composition; appointment and
terms of members; meetings; duties.

There is hereby reestablished a highway safety commission
for the city, which commission shall consist of seven
members, of whom one shall be the chief of police, one shall
be chairman of the department of physical education of the
city high school and five shall be appointed by the city council.

The commission shall meet at least four times each year and
make studies and reports in regard to plans and programs for the
improvement of highway safety within the city. The commission
shall conduct its affairs, perform such duties and make such
reports as are required pursuant to sections 2.1-64.15 through
2.1-64.22 of the Code of Virginia.

Upon the expiration of the respective terms of the members of
the highway safety commission as heretofore constituted, their
successors shall be elected for terms of four years; except, that
elections to fill vacancies occurring before the end of a term shall
be for the unexpired portion thereof. No member shall be elected
to serve more than two full four-year terms. (10-7-68; 11-16-70;
11-6-72.)

Article XII. Pedestrians.

Sec. 18-188. Reserved for future legislation.

Sec. 18-189. Right-of-way of pedestrians.

The driver of any vehicle on the streets of this city shall yield
the right-of-way to a pedestrian crossing such street within any
clearly marked crosswalk whether at mid-block or at the end of
any block, or at any unmarked regular pedestrian crossing at the
end of a block, except at intersections where the movement of
traffic is being regulated by traffic officers or traffic direction
devices. (8-5-74.)

CHAPTER 19.

Offenses.[314]

Article I. In General.

§ 19-1. Abusive or profane language.

§ 19-2. Adultery or fornication.

§ 19-3. Repealed.

§ 19-4. Same—Defacing or tearing down.

§ 19-5. Same—Untrue, deceptive or misleading advertising.

§ 19-6. Same—Same—What deemed deceptive advertising.

§ 19-7. Reserved.

§ 19-8. Aircraft—Altitude over city.

§ 19-9. Same—Dropping advertising matter.

§ 19-10. Annoying or interfering with pupils of schools.

§ 19-11. Bad checks, etc.—Issuance prohibited.

§ 19-12. Same—Prima facie evidence of intent and knowledge.

§ 19-13. Same—Meaning of "credit".

§ 19-14. Same—Evidence in action for false imprisonment.

§ 19-15. Repealed.

§ 19-16. Carnivals and like exhibitions—Deposit to pay cost of policing.

§ 19-17. Same—Indecent shows or illegal games—Bond.

§ 19-18. Same—Same—Penalty; liability of surety on bond.

§ 19-19. Reserved.

§ 19-20. Curfew.

§ 19-21. Dance halls.

§ 19-22. Dangerous missiles; air guns, gravel shooters, etc.

§ 19-23. Defrauding hotels, boardinghouses, etc.

§ 19-23.1. Detectives and detective agencies—Detective review board; permits.

§ 19-24. Disguises and masks in public.

§ 19-25. Disorderly conduct.

§ 19-26. Disturbing public assemblies.

§ 19-27. Disturbing public worship.

§ 19-28. Drunkenness.

§ 19-29. Failure or refusal to assist officer.

§ 19-30. Failure to deliver food or refund money where money accepted in
advance.

§ 19-31. Flying kites or playing ball in streets.

§ 19-32. Gambling—Keeping gaming table or device.

§ 19-33. Same—Keeping place for gaming.

§ 19-34. Same—Betting or participating in gambling.

§ 19-35. Same—Playing "craps."

§ 19-36. Same—Lotteries, raffles and bingo games.

§ 19-37. Gates—Leaving open.

§ 19-37.1. Halloween—Trick or treat visitations; special curfew.

§ 19-38. Houses of ill fame—Keeping or being inmate of house of ill fame.

§ 19-39. Same—Frequenting.

§ 19-40. Same—Renting property for use as house of ill fame.

§ 19-41. Same—Permitting use of property as house of ill fame after notice.

§ 19-42. Imitating police whistle.

§ 19-43. Indecent, obscene, etc., books, pictures, statuary, etc.

§ 19-44. Indecent exposure, obscene acts, language, etc.

§ 19-45. Injuring or defacing trees, shrubs, property, etc.

§ 19-45.1. Inoperative motor vehicles—Keeping of prohibited in certain districts.

§ 19-46. Interfering with females.

§ 19-47. Lewd persons; street walkers.

§ 19-47.1. Loitering in, obstructing, etc., streets, public places, etc.

§ 19-47.2. Malicious injury to public or religious buildings or property.

§ 19-48. Marathon dances or contests.

§ 19-49. Medicines, salves, etc.—Sale on streets.

§ 19-50. Merry-go-rounds, etc.

§ 19-51. Noise, odors and fumes; disturbing others.

§ 19-52. Occupying or using streets or public property contrary to law.

§ 19-53. Offensive matter.

§ 19-54. Pawnbrokers, junk and secondhand dealers — Daily records of articles
pawned or bought.

§ 19-55. Same—Reports to chief of police.

§ 19-56. Same—Penalty; revocation of license.

§ 19-57. Petit larceny.

§ 19-58. Poolrooms, bowling alleys, shooting galleries, etc. — Minors in poolrooms
or billiard saloons.

§ 19-59. Same — Hours; gambling.

§ 19-60. Prize fights.

§ 19-61. Refrigerators, etc.—Discarded or abandoned.

§ 19-62. Refuse matter thrown on streets or private property; dumping.

§ 19-63. Resisting or obstructing officers, employees, etc.

§ 19-64. Riot, rout, assault and battery, etc.

§ 19-65. Sirens.

§ 19-66. Slot machines—Manufacturing, keeping, etc.

§ 19-67. Same—Definition.

§ 19-68. Same—Seizure and destruction; forfeiture of money.

§ 19-69. Reserved.

§ 19-70. Smoke.

§ 19-71. Smoking in theatres.

§ 19-72. Soliciting trade or business on streets.

§ 19-73. Spitting.

§ 19-74. Sunday—Working or transacting business.

§ 19-75. Repealed.

§ 19-76. Threatening messages.

§ 19-77. Tobacco—Sales, etc., to minors.

§ 19-78. Trespass.

§ 19-79. Unlawful assemblages.

§ 19-80. Vagrants—Persons deemed vagrants.

§ 19-81. Same—How dealt with.

§ 19-82. Reserved.

§ 19-83. Weapons—Carrying concealed weapons.

§ 19-84. Same—Shooting within city.

§ 19-85. Same—Sales, etc., to minors.

§ 19-85.1. Same — Sale of firearms, dirks or Bowie knives — Permit required.

§ 19-85.2. Same—Same—Records of sales of firearms.

§ 19-86. Weeds, etc., on vacant lots.

§ 19-86.1. Weeds, shrubbery, trees and other vegetation; unlawful conditions.

§ 19-87. Wells—Filling or covering.

Article II. Driving Vehicles or Trains While Under Influence
of Intoxicants or Drugs.

§ 19-88. Adoption of state law.

§§ 19-89 to 19-92. Repealed.

Article I. In General.

Sec. 19-1. Abusive or profane language.[315]

No person shall, in the presence or hearing of another, curse or
abuse such person, or use any violently abusive language to such
person concerning himself or any of his relations, under
circumstances reasonably calculated to provoke a breach of the
peace. (Code 1959, § 19-1.)

Sec. 19-2. Adultery or fornication.[316]

No person shall commit adultery or fornication. (Code 1959, §
19-2.)

Sec. 19-3. Repealed by Ordinance passed March 19, 1973.

Sec. 19-4. Same—Defacing or tearing down.

No person shall tear down or deface any lawfully posted design,
bill or advertisement, so long as the same may be of any benefit to
the party posting it; provided, that nothing herein shall prevent
anyone from tearing down advertisements posted on his premises.
(Code 1959, § 19-4.)

Sec. 19-5. Same — Untrue, deceptive or misleading advertising.[317]

No person shall, with intent to sell or in anywise dispose
of merchandise, securities, service or anything offered by such
person, directly or indirectly, to the public for sale or distribution,
or with intent to increase the consumption thereof,
or to induce the public in any manner to enter into any obligation
relating thereto, or to acquire title thereto, or an interest
therein, make, publish, disseminate, circulate or place
before the public or cause, directly or indirectly to be made,
published, disseminated, circulated or placed before the public,
in this city, in a newspaper or other publication, or in the

form of a book, notice, handbill, poster, bill, circular, pamphlet
or letter, or in any other way, an advertisement of any sort
regarding merchandise, securities, service or anything so
offered to the public, which advertisement contains any assertion,
representation or statement of fact which is untrue,
deceptive or misleading. (Code 1959, § 19-5.)

Sec. 19-6. Same—Same—What deemed deceptive advertising.

It shall be deemed deceptive advertising and a violation of
the provisions of section 19-5 for any person engaged in the
business of buying and selling new or secondhand articles or
merchandise, or other property, real or personal, or in the
business of furnishing any kind of service, to advertise by
means of "liner ads" in a newspaper or otherwise, such articles,
property or service for sale in a manner indicating that
the sale is being made by a householder or private party not
engaged in such business; and every person engaged in any
such business shall, in advertising goods, property or service
for sale, either through "liner ads" or otherwise, affirmatively
and clearly indicate that the seller is engaged in such business
and is not a private party.

It shall be deemed deceptive advertising and a violation of
the provisions of section 19-5 for any person, in a newspaper
or other publication, or in any other manner hereinbefore set
out, to offer to the public, for sale or distribution, any merchandise
which is secondhand or used merchandise, or which
is defective in any manner, or which consist of articles or
units or parts known as "seconds" or blemished merchandise,
or which has been rejected by the manufacturer thereof as not
first class, unless there be conspicuously displayed in direct
connection with the name and description of such merchandise
and each specific article, unit or part thereof, an unequivocal
statement, phrase or word which will clearly indicate that
such merchandise or each article, unit or part thereof so advertised
is secondhand, used, defective or consists of "seconds"
or is blemished merchandise, or has been rejected by the
manufacturer thereof as not first class, as the fact may be.
(Code 1959, § 19-6.)

Sec. 19-7. Reserved.

Sec. 19-8. Aircraft—Altitude over city.

It shall be unlawful for any person operating any airplane,
dirigible, blimp, balloon or other aircraft, while above the
congested district of any built-up portion of the city, to descend
to an altitude of less than five hundred feet, except by
written permit of the city manager. (Code 1959, § 19-8.)

Sec. 19-9. Same—Dropping advertising matter.

It shall be unlawful for any person in any airplane, dirigible,
blimp, balloon or other aircraft to drop any advertising
matter within the city, except by written permission of the
city manager. (Code 1959, § 19-9.)

Sec. 19-10. Annoying or interfering with pupils of schools.

It shall be unlawful for any person, under pretext of exercising
his right to be on the public streets, to loiter near the
premises of any public or private school in the city for the
purpose of prying therein, or to hold surreptitious communication
with any of the pupils thereof, or in any way act so
as to disturb any of the pupils in the pursuit of their studies
or amusements or in the observation of the regulations of such
institutions.

It shall be unlawful for any person to accompany or follow
any pupil of any public or private school in the city without
the permission of the parent or guardian of the pupil or the
teacher in charge of the pupil, or to otherwise interfere with
or annoy any such pupil. (Code 1959, § 19-10.)

Sec. 19-11. Bad checks, etc.—Issuance prohibited.[318]

No person shall, with intent to defraud, make, draw, utter
or deliver any check, draft or other order for the payment of
money, not exceeding one hundred dollars, upon any bank,
banking institution, trust company or other depository, knowing
at the time of such making, drawing, uttering or delivering
that the maker or drawer has not sufficient funds in or
credit with such bank, banking institution, trust company or
other depository for the payment of such check, draft or order,
although

no express representation is made in reference thereto.
(Code 1959, § 19-11.)

Sec. 19-12. Same—Prima facie evidence of intent and knowledge.

In any prosecution under section 19-11, the making or
drawing, or uttering or delivery of a check, draft or order,
payment of which is refused by the drawee because of lack
of funds or credit, shall be prima facie evidence of intent to
defraud and of knowledge of insufficient funds in, or credit
with such bank, banking institution, trust company or other
depository, unless such maker or drawer shall have paid the
drawee thereof the amount due thereon, together with interest
and protest fees, within five days after receiving notice
that such check, draft or order has not been paid to the
drawee. (Code 1959, § 19-12.)

Sec. 19-13. Same—Meaning of "credit".

The word "credit," as used in sections 19-11 to 19-14, shall
be construed to mean any arrangement or understanding with
the bank, banking institution, trust company or other depository
for the payment of such check, draft or order. (Code
1959, § 19-13.)

Sec. 19-14. Same—Evidence in action for false imprisonment.

In any civil action growing out of an arrest under section
19-11, no evidence of statements or representations as to the
status of the check, draft, order or deposit involved, or of
any collateral agreement with reference to the check, draft
or order, shall be admissible unless such statements, or representations,
or collateral agreement be written upon the instrument.
(Code 1959, § 19-14.)

Sec. 19-15. Repealed by Ordinance adopted September 18,
1972.

Sec. 19-16. Carnivals and like exhibitions — Deposit to pay
cost of policing.

No carnival or other like show or exhibition shall exhibit
within the city or outside the city but within one mile of the
city limits unless and until such carnival shall have made a
deposit with the director of finance of fifty dollars for each
day on which an exhibition is proposed. The chief of police
shall designate such members of the police department as he
may deem necessary for the policing of such carnival or other
exhibition, and the costs of such extra policing shall be paid
out of the deposit so made and the difference, if any, shall be
refunded to the person by whom the deposit was made. (Code
1959, § 19-16.)

Sec. 19-17. Same—Indecent shows or illegal games—Bond.

No carnival or other like exhibition or show shall exhibit
within the city or outside the city within one mile of the city
limits thereof unless and until the person proposing to exhibit
shall have given bond payable to the city, with security
approved by the chief of police, in the sum of one thousand
dollars, with the condition that such person will not exhibit
or permit the exhibition of any indecent or immoral show and
will not permit the maintenance or operation of any illegal
game of chance on the exhibition grounds. Proof of the exhibition
of any immoral or indecent show or of the open maintenance
and operation of an illegal game of chance on the
premises occupied by such carnival or other exhibition shall
be prima facie evidence that such game of chance or indecent

show was maintained and operated with the consent of the
proprietor of the carnival or exhibition. (Code 1959, § 19-17.)

Sec. 19-18. Same—Same—Penalty; liability of surety on
bond.

The proprietor of any carnival or other like exhibition who
permits exhibition of any immoral or indecent show or the
maintenance or operation of any illegal game of chance on
the premises occupied by such carnival within the city or outside
the city within one mile of the city limits shall be
punished as provided in section 1-5. The proprietor and the
surety on his bond provided for in section 19-17 shall be liable
under the bond for any fine imposed under this section. (Code
1959, § 19-18.)

Sec. 19-19. Reserved.

Sec. 19-20. Curfew.

Except as provided in section 19-37.1, it shall be unlawful
for any person under the age of fifteen years to be in or upon
the streets or public parks of the city after 9:15 P. M., unless
accompanied by and in the care of his guardian or parent, or
some other adult with the consent of his parent or guardian,
or unless actually executing an emergency errand upon which
he has been sent by his parent or guardian, or unless such
person be employed in business and his employment makes it
necessary for him to be upon the streets of the city during the
nighttime after the specified hour.

It shall be unlawful for any parent or guardian having the
legal custody of any child under fifteen years of age to allow
or permit any such child or ward under such age to go or be
in or upon any street or public park in violation of the provisions
of this section. (Code 1959, § 19-20.)

Sec. 19-21. Dance halls.

Any person desiring to conduct a dance hall in which public
dancing is to be allowed, where an admission fee is charged
or a charge is made for participating in such dancing, shall
first procure the business license required for dance halls. A
copy of this section shall be given to such person at the time
he obtains the business license.

No dance hall located within any restricted fire district,
as defined in the Building Code, shall remain open later than
12:00 Midnight, any night during the week. Any such dance
hall shall remain closed from 12:00 Midnight each night until
6:00 A. M. the following morning; provided, that with the
consent of the city manager and the chief of police, special
permission may be granted for particular dances and such
halls may remain open to such hour as may be specified in the
permission.

Members of the police force shall have the right to enter
any dance hall at all hours to see that the peace and quiet of
the city are preserved, and it shall be unlawful for the person
who obtained the business license for the dance hall to permit
disorderly conduct in such dance hall. Upon conviction
of violating this section the judge of the municipal court may,
in addition to the punishment imposed upon such conviction,
revoke the business license for such dance hall. There shall be
no proration of the business license if it is revoked as hereinabove
provided. (Code 1959, § 19-21; 3-6-67.)

Sec. 19-22. Dangerous missiles; air guns, gravel shooters,
etc.

No person shall throw stones, sticks or other dangerous
missiles or discharge arrows, nails or bullets from a bow or
cross-bow in or into any street or other public place, or anywhere
within the city limits discharge shot, gravel, bullets or
other similar substances from a gravel shooter, air gun or
similar implement. This section shall not be construed to
prohibit the use of bows and arrows on authorized archery
ranges. (Code 1959, § 19-22.)

Sec. 19-23. Defrauding hotels, boardinghouses, etc.[319]

No person shall put up at a hotel, motel or boardinghouse or
obtain food from a restaurant or other eating house and,
without having an express agreement for credit, procure food,
entertainment or accommodation without paying therefor and
with intent to cheat or defraud the owner or keeper of such
hotel, motel, boardinghouse, restaurant or other eating house
out of the pay for same; or with intent to cheat or defraud

such owner or keeper out of the pay therefor, obtain credit at a
hotel, motel, boardinghouse, restaurant or other eating house for
such food, entertainment or accommodation by means of any false
show of baggage or effects brought thereto; or, with such intent,
obtain credit at a hotel, motel, boardinghouse, restaurant or
other eating house for such food, entertainment or accommodation
through any misrepresentation or false statement; or,
with such intent, remove or cause to be removed any baggage
or effects from a hotel, motel, boardinghouse, restaurant or
other eating house while there is a lien existing thereon for the
proper charges due from him for fare and board furnished therein.
(Code 1959, § 19-23.)

Sec. 19-23.1. Detectives and detective agencies—Detective review
board; permits.

(a) For the purposes of this section, "detective" and "detective
agency" shall mean and include any person, firm, corporation,
association or partnership engaged in the business of, or
advertising, or representing himself, as being engaged in the
business of detecting, discovering or revealing crime or
criminals, or securing information for evidence relating thereto,
or discovering or revealing the identity, whereabouts, character
or actions of any persons or things.

(b)(1) In order to provide impartial review of applications for
permits to operate as detectives, there is hereby established a
detective review board, which shall have the duty of reviewing all
applications by persons, firms or corporations for a permit to
serve as detectives. In addition, the board shall have the duty of
reviewing information reported to it as to facts which could serve
as a basis for suspension or revocation of any permit previously
granted.

(2) The board shall consist of the Commonwealth's attorney,
commissioner of revenue and chief of police of the city, during
their terms of office. The board shall elect one of the members as
chairman.

(3) The board shall approve applications submitted to it,
unless there is evidence that the applicant is unfit to serve as a
private detective by reason of conviction of felony, or of
misdemeanors which indicate that the applicant exhibits a
tendency to drunkenness, violence or immorality.

(c) It shall be unlawful for any person to engage in the business

of a detective or a detective agency, without first having obtained
a permit to do so as provided in this section. Any permit
granted under this section shall be nontransferable.

It shall be the duty of each permittee to carry bodily injury
liability insurance in the amount of fifty thousand dollars for
each individual and one hundred thousand dollars for each
occurrence. A certificate of such insurance shall be filed with the
chief of police.

(d) Any person, firm, corporation, association or partnership,
desiring a permit, as required by this section shall make
application therefor to the chief of police on a form prescribed by
him. Such application shall be dated and shall be signed by the
individual applicant, or the members of the firm, association or
partnership applying, or for and on behalf of the corporation
applying by its president. Anyone signing an application shall
make oath that the information set forth therein is true and
correct. Any application to the chief of police, filed as provided in
this section shall contain:

(1) The name and business and home address of the
applicant;

(2) Place and date of his birth;

(3) All addresses at which applicant has resided in the past
ten years;

(4) A complete record of any arrests for or convictions of
crime;

(5) The type of discharge, if any, from the armed services of
the United States;

(6) Names and addresses of at least five former employers or
clients of the applicant; if applicant has never been employed, he
shall furnish at least three letters of recommendation from at
least three residents of this city;

(7) The length of time the applicant has resided in the city
preceding the date of the application;

(8) Whether the applicant is an individual, corporation,
association or partnership. Whenever the applicant is a firm,
corporation, association or partnership, the information required
for an individual applicant shall also be required for each
member or employee of such firm, corporation, association or
partnership who will be acting as a detective.

It shall be the duty of every person, whose address has been
listed in an application pursuant to this section to furnish and

keep on file with the chief of police his true home and business
address and to report changes therein.

Such application shall also be accompanied by two sets of
fingerprints and two photographs of the applicant, or if the
applicant is a firm, corporation, association or partnership, of all
the members, officers and employees of the applicant who will be
acting as detectives. Such fingerprints shall be taken by the
police department. Fingerprints so furnished shall become part
of the application and may be submitted to the Federal Bureau of
Investigation and to such other authorities as the chief of police
may deem advisable for comparison and record. Information
contained in applications submitted to the chief of police shall be
confidential, and the contents of such applications shall be
disclosed only to the board or as directed by order of a court of
competent jurisdiction.

Applications for permits filed as provided in this section shall
be accompanied by a fee of ten dollars for processing of such
application.

(e) Upon receipt of a completed application, the chief of police
shall cause investigation and review thereof to be conducted and
the results thereof submitted to the board, which shall approve
the issuance of a permit by the chief of police, as provided in
subsection (b)(3) above. In addition, the applicant shall be
provided suitable identification as a permittee. In the case of a
firm or corporation, each approved member thereof shall be
issued such identification. The identification issued shall carry in
easily read type a notice that the issuance of a permit does not
constitute any endorsement of the applicant by the city.
Identification papers so issued shall be carried by all licensed
detectives when performing duties as such, and shall be displayed
upon demand by any police officer or person being questioned.

Any applicant to whom the issuance of a permit has been
denied by the board shall have the right to appeal to the city
council; provided, that such appeal shall be filed within ten days
after receipt of notice of denial.

The board may order the suspension or revocation of permits
issued pursuant this section, when any person in control of the
business in question or acting as a detective under such permit,
violates any rule or regulation as provided for hereinafter, any
law of the state or provision of this Code or other ordinance of this
city when the violation of such rule, regulation, statute or ordinance
would be persuasive evidence that the applicant is unfit

to operate as a detective. No permit issued pursuant to this section
shall be revoked unless at a hearing before the board. The
chief of police may temporarily suspend any permit issued
under this section pending such a hearing and provided such hearing
be held within ten days of such suspension. Written notice
of such hearing shall be sent to the permittee at least five days
prior to the hearing by registered or certified mail to the address
given by him in his application. Mailing of this notice shall be
sufficient service.

Any permittee aggrieved by the decision of the board at a
hearing as provided for herein shall have a right of appeal to the
city council; provided, that such appeal is filed within ten days
after such hearing by a certificate filed with the clerk of the city
council.

(f) The chief of police may make rules and regulations for the
governing, control and conduct of detectives, detective agencies,
and like businesses; provided, that such rules and regulations
shall be subject to the approval of city council which approval
shall be given, and which rules shall become effective, only after
city council has followed the same procedure it uses for the
adoption of a general ordinance, and they shall have the same
effect as such an ordinance. (10-19-70.)

Sec. 19-24. Disguises and masks in public.[320]

It shall be unlawful for any person over twelve years of age to
appear in or upon any of the streets, highways, alleys, public
parks or other public places of the city in any mask or disguise
whereby the identity of such person is concealed, without
permission of the city manager or chief of police. (Code 1959, § 1924;
10-29-62.)

Sec. 19-25. Disorderly conduct.

No person, while in any public place, shall engage in any
conduct which reasonably may be expected to cause public
disorder or endanger public peace and good order and no person,
while in a private place, shall engage in any conduct which,
because it may be seen or heard in a public place, reasonably may
be expected to cause public disorder or endanger public peace and
good order. (Code 1959, § 19-25; 11-4-68.)

Sec. 19-26. Disturbing public assemblies.

No person shall wilfully or otherwise disturb any assembly of
persons at a theatre or other place of assembly, whether he is in
or outside of such assembly. (Code 1959, § 19-26.)

Sec. 19-27. Disturbing public worship.[321]

No person shall wilfully interrupt or disturb any assembly met
for the worship of God. (Code 1959, § 19-27.)

Sec. 19-28. Drunkenness.[322]

It shall be unlawful for any person to be drunk on the streets or
in any place of public resort in the city, or in any taxicab, bus or
other for-hire passenger vehicle operating within the city. (Code
1959, § 19-28.)

Sec. 19-29. Failure or refusal to assist officer.[323]

No person shall fail or refuse to assist a police officer, when
called upon so to do by such officer in the discharge of his duty.
(Code 1959, § 19-29.)

Sec. 19-30. Failure to deliver food or refund money where
money accepted in advance.

(a) The following words and phrases, when used in this
section, shall have the meanings respectively ascribed to them, as
follows, except in those instances where the context clearly
indicates a different meaning:

"Meal tickets" shall mean any card or coupon book which
may be sold for cash and used in lieu of cash in exchange for food
until the cash value as stated thereon has been dissipated, either
by perforating the card or by extracting coupons from the book.

"Restaurants, lunchrooms, cafes, hotels, boardinghouses
and public eating houses" shall mean any place of business where
food prepared for immediate consumption is served at tables or
counters for profit.

(b) It shall be unlawful for any person engaged in the
restaurant, cafe, hotel, lunchroom, boardinghouse or public

eating house business within the city, where money is accepted in
advance for food, either upon express written or verbal agreement
or in exchange for a meal ticket, to accept money in advance with
intent to cheat or defraud the payer thereof or to refuse or become
unable through any cause whatsoever to furnish food upon
demand during business hours as a charge against the money so
advanced and to refuse or become unable through any cause
whatsoever to return at that time whatever money remains in his
hands as an unused balance of the money so advanced. (Code 1959,
§ 19-30.)

Sec. 19-31. Flying kites or playing ball in streets.

No person shall raise or fly a kite or play any game of ball in
the streets. No parent or guardian having the legal custody of any
minor shall permit such minor to violate the provisions of this
section. (Code 1959, § 19-31.)

Sec. 19-32. Gambling—Keeping gaming table or device.[324]

No person shall keep or exhibit a gaming table, commonly
called A. B. C., or E. O. table, wheel of fortune, nickel-in-the-slot
machine, faro bank, keno table, race-course table, racehorse table
or any table of like kind, or any table, apparatus or machine used
in playing any game of chance at which money, articles of value
or capital prize be won or lost, whether the game be played with
cards, dice, money or otherwise, or be a partner or concerned in,
either as owner, operator or employee, the keeping, exhibiting,
using or operating of such table, machine, apparatus or bank.
Each day such machine, apparatus or table is so used shall
constitute a separate offense.

Any such device or apparatus hereinabove described and all the
money, stakes or exhibits found therewith may be seized by order
of court or under warrant of the municipal judge, and the money
so seized shall be forfeited to the city and the device or apparatus
so seized shall be destroyed. (Code 1959, § 19-32.)

Sec. 19-33. Same—Keeping place for gaming.

No person shall keep or maintain a house or apartment or room
in which games of cards or of chance are habitually played for
money or anything to be cashed in as money. (Code 1959, § 19-33.)

Sec. 19-34. Same—Betting or participating in gambling.[325]

It shall be unlawful for any person to bet, wager or play at any
game for money or any article of value. (Code 1959, § 19-34.)

Sec. 19-35. Same—Playing "craps".

No person shall play the game commonly called craps, within
the city. (Code 1959, § 19-35.)

Sec. 19-36. Same—Lotteries, raffles and bingo games.[326]

(a) No person shall set up or promote, or be concerned in
managing or drawing a lottery or raffle for money or other thing
of value, or knowingly permit such lottery in any house under his
control, or knowingly permit money or other property to be
raffled for in such house, or to be won therein by throwing or using
dice, or by any other game of chance, or knowingly permit the sale
in such house of any chance or ticket, or share of a ticket, in a
lottery, or any writing, certificate, bill, token or other device
purporting or intended to guarantee or assure to any person or
entitle him to a prize or share of or interest in a prize to be drawn
in a lottery, or, for himself or another person, buy, sell or
transfer, or have in his possession for the purpose of sale, or with
intent to exchange, negotiate or transfer or aid in selling,
exchanging, negotiating or transferring, a chance or ticket in or
share of a ticket in a lottery or any such written certificate, bill,
token or device.

(b) This section shall not apply to any bingo game or raffle
conducted solely by any of the following:

(1) A voluntary fire department or rescue squad which has

been recognized by an ordinance or resolution of the city as being
a part of the safety program of such political subdivision;

(2) An organization, which, for purposes of this section, shall
be defined as any of the following which operates without profit
and which has been in existence continuously for a period of two
years immediately prior to seeking a permit as hereinafter
provided:

a. A corporation, trust, church, association, community
chest, fund or foundation organized and operated exclusively for
religious, charitable, scientific, literary, community or
educational purposes;

b. Posts or associations of war veterans or auxiliary units
or societies of any such posts or associations, if such posts,
associations, units or societies are organized in the United States
or any of its possessions;

c. A fraternal society, order or association operating under
the lodge system;

d. A corporation or association organized and operated
exclusively for the restoration and maintenance of historic
gardens and the general promotion of beautiful gardens.

Provided, that no part of the gross receipts derived from such
activity inures directly or indirectly to the benefit of any private
shareholder, member, agent or employee of any such volunteer
fire department, rescue squad or organization; and provided
further, that any such volunteer fire department, rescue squad or
organization shall not enter into a contract with any person or
firm, association, organization, partnership or corporation of any
classification whatsoever, for the purpose of organizing,
managing or conducting bingo games or raffles. Such volunteer
fire department, rescue squad or organization may delegate the
authority or duty of organizing, managing or conducting
bingo games or raffles only to a natural person or persons who
are bona fide members of such volunteer fire department, rescue
squad or organization. No such volunteer fire department, rescue
squad or organization shall conduct any bingo game or raffle
without first having obtained an annual permit from the city
council. No such volunteer fire department, rescue squad or
organization shall place or permit to be placed on the premises
or within one hundred yards of the premises, where

such bingo game is to be conducted, any sign or signs advertising
such bingo game. Records of all receipts and disbursements
shall be kept and shall be filed annually with the
commissioner of accounts of the circuit court for the city, and
such records shall be a matter of public record. The city
council may revoke the permit of any volunteer fire department,
rescue squad or organization found to be not in compliance
with this subsection, and any person, shareholder,
agent, member or employee of any such volunteer fire
department, rescue squad or organization violating this
subsection shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine not to exceed one thousand
dollars.

Should any volunteer fire department, rescue squad or
organization be found in violation of this subsection, then the
commonwealth's attorney may, in addition to the foregoing
criminal penalty, apply to any court of competent jurisdiction for
an injunction against such volunteer fire department, rescue
squad or organization from continuing to run bingo games or
raffles for a period not to exceed three years from the date of such
violation. (Code 1959, § 19-36; 8-20-73.)

Sec. 19-37. Gates—Leaving open.[327]

No person shall, without permission of the owner, open or
leave open the gate of another. (Code 1959, § 19-37.)

Sec. 19-37.1. Halloween—Trick or treat visitations; special
curfew.

(a) It shall be unlawful for any person to appear on the
streets, highways, public homes, private homes or public
places in the city to make trick or treat visitations; except,
that this subsection shall not apply to children twelve years of
age and under on Halloween night.

(b) A special curfew hour of 10:00 P. M. on Halloween
evening is hereby established for the trick or treat visitations
permitted by subsection (a) of this section.[328] (10-29-62.)

Sec. 19-38. Houses of ill fame—Keeping or being inmate of
houses of ill fame.[329]

No person shall keep a house of ill fame, resorted to for
the purpose of prostitution or lewdness. Both the keeper
thereof and each inmate thereof shall be subject to punishment
as provided in section 1-5. In a prosecution of this offense, the
general character of the house may be proved. (Code 1959, §
19-38.)

Sec. 19-39. Same—Frequenting.[330]

No person shall frequent a house of ill fame or visit the
same for the purpose of lewdness, fornication or prostitution.
(Code 1959, § 19-39.)

Sec. 19-40. Same—Renting property for use as house of ill
fame.

No person shall rent or lease property within the city,
either as owner or as agent for the owner, knowing that the
same is to be used as a house of ill fame, or is to be resorted
to for the purpose of prostitution. (Code 1959, § 19-40.)

Sec. 19-41. Same—Permitting use of property as house of ill
fame after notice.

No owner of, or any agent having control of, property
rented within the city, knowing that the same is being used
as a house of ill fame or is being resorted to for the purpose
of prostitution, or after being notified by the chief of police
that such property is being used for such purpose, shall
permit such property to be so occupied after such knowledge
or notice; provided, that no such owner or agent shall be
punished for a violation of this section if such owner or agent
shall have taken due process of law to vacate the property.
(Code 1959, § 19-41.)

Sec. 19-42. Imitating police whistle.

No person shall blow a whistle in imitation of the police
signal, or attempt to do so. (Code 1959, § 19-42.)

Sec. 19-43. Indecent, obscene, etc., books, pictures, statuary,
etc.

Editor's note.—The city has no ordinance relative to obscene or
indecent publications, statuary, etc., but enforces the state law on the
subject. For state law prohibiting the production, publication, sale, possession,
etc., of obscene items, see Code of Va., §§ 18.1-227 to 18.1236.3.

Sec. 19-44. Indecent exposure; obscene acts, language, etc.[331]

No person shall indecently expose himself, or do any
obscene act, or write obscene language, or make obscene
marks or drawing on any wall, fence or other thing, or address
any obscene, lewd or profane language or words to another,
or make use of such language within the hearing of
another. (Code 1959, § 19-44.)

Sec. 19-45. Injuring or defacing trees, shrubs, property, etc.[332]

No person shall do any of the following acts:

(a) Injure or tamper with any tree, shrub, bush or flowers
planted by the city or others on public property or within
public rights of way.

(b) Wilfully injure or deface any motor vehicle, machinery,
building, wall, monument or base thereof, fence or enclosures
or any sign, awning or other fixture or any other property,
real or personal, not his own.

(c) Post any show bill or notice or advertisement or brand,
write, mark or paint any sign, letters or characters upon a
building, a wall, whether interior or exterior, a tree, a fence
or any other property of another person, without first obtaining
the consent of the owner or the agent of the owner of such
property. (Code 1959, § 19-45; 3-7-60; 4-15-63.)

Sec. 19-45.1. Inoperative motor vehicles — Keeping of prohibited
in certain districts.

It shall be unlawful for any person to keep, except within
a fully enclosed building or structure, on any property zoned
for the uses set forth in articles IV through X, inclusive, of
appendix II any motor vehicle whose condition is such that
it is economically impractical to make it operative. (8-15-66;
5-3-71.)

Sec. 19-46. Interfering with females.

No male person shall, by signalling, addressing, soliciting,
catching hold of or in any other way, interfere with the free
passage of any female person with whom he is not personally
acquainted for the purpose of inducing her to converse with,
accompany or ride with him. (Code 1959, § 19-46.)

Sec. 19-47. Lewd persons; street walkers.

A lewd person who shall loiter or solicit upon the streets or
in any public place of the city at any time shall be punished
as provided in section 1-5. (Code 1959, § 19-47.)

Sec. 19-47.1. Loitering in, obstructing, etc., streets, public
places, etc.

(a) No person shall loiter, lounge or sleep in or upon any
street, park or public place or in any public building, or obstruct

the access to any public building or any part thereof,
or obstruct passage through or upon any public street, park
or public place.

(b) For the purposes of this section, the term "loiter" shall
encompass, but shall not necessarily be limited to, one or more
of the following acts:

(1) Obstruction of the free, unhampered passage of pedestrians
or vehicles.

(2) Obstructing, molesting or interfering with any person
lawfully upon any street, park or other public place.

(3) Remaining idle in essentially one location without
being able to establish having a legitimate business or purpose
in so remaining idle, or, by general conduct, exhibiting
the absence of a lawful purpose in so remaining idle.

(4) Conduct involving the concept of standing idly by,
loafing, walking about aimlessly without purpose and including
the colloquial expression of "hanging around".

(5) Refusing to move on when so requested by a peace
officer, provided the peace officer has exercised his discretion
reasonably under the circumstances in order to preserve or
promote public peace and order.

(c) For the purpose of this section, the term "other public
place" shall be deemed to include the quasi-public area in
front of or adjacent to any store, shop, restaurant, luncheonette
or other place of business and shall include also any
parking lots or other vacant private property not owned or
under the dominion of the person charged with a violation of
this section.

Sec. 19-47.2. Malicious injury to public or religious buildings
or property.[333]

(a) No person shall do any of the following acts:

(1) Wilfully destroy, defile, deface or otherwise injure
any public building or property or part thereof or appurtenance
thereto.

(2) Wilfully destroy, defile, deface or otherwise injure
any building or structure used or designed for use as a place
of religious worship or instruction or any part thereof or
appurtenance thereto, or any book, religious vestment, furniture,

ornament, musical instrument, article of silver or plated
ware or other chattel or property kept therein.

(3) Brand, write, mark or paint any sign, letters or
characters of an obscene or disparaging nature on any public
building or monument or upon any building or structure used
or designed for use as a place of religious worship or instruction
or upon any part of such buildings, whether such part is
interior or exterior.

(4) Attempt to commit any acts prohibited by this section.

(b) The possession of paint, ink, stain, varnish, dye or any
other substance which leaves a mark, without authority of
the owner, lessee or agent of the owner, by a person apprehended
upon public property, in a public building or upon the
grounds of any building or structure used or designed to be
used as a place of religious worship or instruction shall be
prima facie evidence of an intent to defile, deface, brand,
write, mark or paint such structure or building as is prohibited
by this section. (3-7-60.)

Sec. 19-48. Marathon dances or contests.[334]

It shall be unlawful for any person to operate or conduct
any marathon or walking contests, marathon dance, walkathon
or other similar physical endurance contest, performance
or exhibition in the city at any time.

It shall be unlawful for any person to participate in any
marathon or walking contest, marathon dance, walkathon or
other similar physical endurance contest, performance or exhibition
in this city. (Code 1959, § 19-48.)

Sec. 19-49. Medicines, salves, etc.—Sale on streets.

It shall be unlawful for any person to sell or offer for sale
any medicines, salves or liniments on the streets, alleys or
other public ways of the city. (Code 1959, § 19-49.)

Sec. 19-50. Merry-go-rounds, etc.

It shall be unlawful for any person to operate a merry-go-round
or similar machine at any place within the city unless
it is in such a situation as not to disturb or annoy any of the
citizens and unless, in addition, he shall first procure the written
consent of the residents, if any, living on contiguous property
and take care that he does not obstruct or interfere with
the use of the streets by passers-by. He shall, while operating
his machine, preserve the peace and keep good order on
the premises on which his machine is operated. (Code 1959,
§ 19-50.)

Sec. 19-51. Noise, odors and fumes; disturbing others.

(a) It shall be unlawful for any person to use or occupy any
street of the city for any purpose which will increase or cause
unnecessary noise, odors or fumes.

(b) No person shall by use of a telephone, improperly and
without just cause, annoy or disturb another, or operate or
permit to be operated on his premises any loudspeaker, juke
box, record player, radio, phonograph or any other mechanical
sound device which annoys or disturbs the public off of such
premises. Each particular act shall constitute a separate offense.
(Code 1959, § 19-51; 11-4-68.)

Sec. 19-52. Occupying or using streets or public property contrary
to law.

No person shall undertake to occupy or use any of the
streets, avenues, parks, bridges or other public places or public
property, or any public easement of any description in a
manner not permitted to the general public, or by ordinance,
without having first legally obtained the consent thereto of
the city council, or a franchise therefor. Each day's continuance
thereof shall constitute a separate offense. Such occupancy
shall be deemed a nuisance and the court or judge
trying the case shall have power to cause such nuisance to be
abated and to commit the offenders and all their agents and
employees engaged in such offenses to jail until such order of
the court shall be obeyed.

The parking of a vehicle on the city streets for the purpose
of displaying or selling merchandise shall be deemed a violation
of this section; provided, that temporary stops for the
purpose of making sales by persons licensed as peddlers or
persons of whom no peddler's license is required shall not be
deemed a violation, but no stop by any vehicle at one place
for a period in excess of thirty minutes shall be considered
temporary, and no vehicle shall make more than one stop in
any one block within twenty-four hours. (Code 1959, § 19-52.)

Sec. 19-53. Offensive matter.

No person shall place or cause to be placed, in or on any
street or lot within the city, any thing or matter offensive
to any citizens, or to the public, nor shall any person suffer

any such matter to remain on any such lot owned or held by
him. Every twenty-four hours that such offensive matter may
remain shall constitute a separate offense. (Code 1959, § 1953.)

Sec. 19-54. Pawnbrokers, junk and secondhand dealers—Daily
records of articles pawned or bought.

All pawnbrokers, junk dealers and dealers in secondhand

clothing, automobiles and other merchandise shall keep daily
records of every article taken in pawn or bought by them. Such
records shall contain a full description of such articles and show
all distinguishing marks, numbers, brands, letters or monograms
of any kind on such articles, together with the names and
addresses of the parties from whom such articles were received.
(Code 1959, § 19-54.)

Sec. 19-55. Same—Reports to chief of police.[335]

All pawnbrokers, junk dealers and dealers in secondhand
clothing, automobiles and other merchandise shall furnish daily
to the chief of police, upon blanks to be prescribed by the chief,
full and complete lists of all articles taken in pawn or bought by
such dealers within the twenty-four hours next preceding the date
of such report. Such lists shall contain a full description of all
such articles, together with all marks, numbers, brands, letters or
monograms on such articles, and the names and addresses of the
parties from whom such articles were received. (Code 1959, §
19-55.)

Sec. 19-56. Same—Penalty; revocation of license.

Any pawnbroker, junk dealer or dealer in secondhand clothing,
automobiles or other merchandise who shall fail to comply with
any of the provisions of sections 19-54 and 19-55 shall, upon
conviction, be punished as provided in section 1-5.

A conviction of any such pawnbroker, junk dealer or dealer in
secondhand clothing, automobiles or other merchandise of a
violation of section 19-54 or section 19-55 may, in the discretion of
the municipal judge, work an immediate revocation of the license
of such offender. (Code 1959, § 19-56.)

Sec. 19-57. Petit larceny.[336]

No person shall steal from the person of another, money or

other thing of the value of less than five dollars, nor steal, not
from the person of another, goods and chattels of less value than
one hundred dollars. (Code 1959, § 19-57; 10-1-73.)

Sec. 19-58. Poolrooms, bowling alleys, shooting galleries, etc.
— Minors in poolrooms or billiard saloons.

No minor under eighteen years of age shall be employed in,
play in, loaf or loiter in or frequent any billiard saloon or
poolroom; provided, however, a minor under sixteen years of age
may play billiards or pool in a public billiard saloon or poolroom if
accompanied by a parent or legal guardian; and, provided further,
that minors sixteen and seventeen years of age may frequent and
play billiards or pool in a public poolroom or billiard saloon if
such public poolroom or billiard saloon is situated on the first
floor of the building in which it is located at approximately
ground or sidewalk level with sufficient windows or clear glass
fronts to afford an unobstructed view of the interior. The interior
of such public poolroom or billiard saloon shall be well lighted and
without partitions in the playing area. No public poolroom or
billiard saloon which permits minors, as authorized by this
section, to play billiards or pool shall sell any alcoholic beverages
or permit any alcoholic beverages to be consumed on such
premises.

If any owner or keeper of any billiard saloon or poolroom as set
forth above allows any minor to violate the provisions of this
section, he shall be deemed to be equally guilty. (Code 1959, §
19-58; 6-6-66.)

Sec. 19-59. Same—Hours; gambling.

All billiard saloons, poolrooms, bowling alleys, shooting
galleries and miniature golf courses shall be closed every night
during the week not later than 12:00 Midnight and remain closed
until 7:00 A. M. the following morning.

No gambling, betting or gambling devices of any kind
whatsoever shall be permitted, at any time, at any of the places
named in this section.

If any owner or keeper of any such room or place as set forth

above shall permit the violation of any of the provisions of this
section, he shall be deemed to be equally guilty and fined a like
sum. (Code 1959, § 19-59.)

Sec. 19-60. Prize fights.[337]

No person shall, within the city, give or perform in, or be
in any manner concerned in, any prize fight. (Code 1959, §
19-60.)

Sec. 19-61. Refrigerators, etc.—Discarded or abandoned.[338]

It shall be unlawful for any person to discard, abandon,
leave or allow to remain in any place in an abandoned condition
any icebox, refrigerator, clothes washing machine,
clothes dryer, dishwasher or other container, device or equipment
of any kind with an interior storage area of more than
two cubic feet of clear space which is airtight, without first
removing the door or hinges from such icebox, refrigerator,
clothes washing machine, clothes dryer, dishwasher or other
container, device or equipment. (Code 1959, § 19-61; 12-665.)

Sec. 19-62. Refuse matter thrown on streets or private property;
dumping.

It shall be unlawful for anyone to throw into the streets or
on the sidewalks, or on private premises, any dead carcass,
rubbish, newspapers, handbills, dirt, filth, shavings, manure,
offal, ashes, vegetables, fruit, broken glass, tacks, tin cans
or any matter or substance or thing calculated to render the
streets or premises unclean or unsightly or unsafe to any person
or vehicle using the streets, or liable to injuriously affect
the health of the community.

No garbage, offal or filth shall be removed from private
premises and deposited within the city at any place, except
such place as may be designated by the city manager as a
public dumping ground. (Code 1959, § 19-62.)

Sec. 19-63. Resisting or obstructing officers, employees, etc.

No person shall resist or abuse or obstruct or hinder any
officer or employee of the city in the discharge of his duty,

or any contractor or other person in the execution of any work
for the city. (Code 1959, § 19-63.)

Sec. 19-64. Riot, rout, assault and battery, etc.[339]

No person shall engage in any riot, rout or unlawful assembly
or commit an assault and battery or any offense that
will amount to a breach of the peace. (Code 1959, § 19-64.)

Sec. 19-65. Sirens.[340]

It shall be unlawful for any person to sound, at any place
within the city, a siren or machine making a similar noise,
unless for reasons of public necessity, expressly permitted to
do so by the chief of police. (Code 1959, § 19-65.)

Sec. 19-66. Slot machines[341] —Manufacturing, keeping, etc.

It is unlawful for any person:

(a) To manufacture, own, store, keep, possess, sell, rent,
lease, let on shares, lend or give away, transport, or expose
for sale or lease, or to offer to sell, rent, lease, let on shares,
lend or give away, or to permit the operation of, or for any
person to permit to be placed, maintained, used or kept in
any room, space or building owned, leased or occupied by him
or under his management or control, any slot machine or
device as hereinafter defined.

(b) To make or permit to be made with any person any
agreement with reference to any slot machine or device, as
hereinafter defined, pursuant to which the user thereof, as a
result of any element of chance or other outcome unpredictable
to him, may become entitled to receive any money, credit,
allowance or thing of value or additional chance or right to
use such machine or device, or to receive any check, slug,
token or memorandum entitling the holder to receive any
money, credit allowance or thing of value. (Code 1959, § 1966.)

Sec. 19-67. Same—Definition.

Any machine, apparatus or device is a slot machine or device
within the provisions of section 19-66 if it is one that is
adapted for use in such a way that, as a result of the insertion
of any piece of money or coin or other object, such machine
or device is caused to operate or may be operated, and
by reason of any element of chance or of other outcome of
such operation unpredictable by him, the user may receive or
become entitled to receive any piece of money, credit, allowance
or thing of value or any check, slug, token or memorandum,
whether of value or otherwise, which may be exchanged
for any money, credit, allowance or thing of value, or which
may be given in trade, or the user may secure additional
chances or rights to use such machine, apparatus or device,
irrespective of whether it may, apart from any element of
chance or unpredictable outcome of such operation, also sell,

deliver or present some merchandise, indication of weight,
entertainment or other thing of value. (Code 1959, § 19-67.)

Sec. 19-68. Same — Seizure and destruction; forfeiture of
money.

Any article or apparatus possessed, maintained, kept or used in
violation of the provisions of section 19-66 is hereby declared to be
a public nuisance and may, together with all money and tokens
therein, be seized under a search warrant issued in accordance
with law. Any money so seized shall be forfeited to the city and
such article or apparatus shall be destroyed. (Code 1959, § 19-69.)

Sec. 19-69. Reserved.

Sec. 19-70. Smoke.

The owner of any stationary steam boiler or locomotive engine
and any person employed in operating such boiler or locomotive
who shall permit or allow dense smoke to issue or be emitted from
the smokestack of such steam boiler or locomotive engine within
the city shall be deemed and held guilty of creating a nuisance
and shall, for every such offense, be punished as provided in
section 1-5. The term "stationary boiler," as used in this section,
shall not be construed to include steam boilers used only for
heating residences. (Code 1959, § 19-70.)

Sec. 19-71. Smoking in theatres.

It shall be unlawful to smoke in any theatre or moving picture
house, except in the lobby. (Code 1959, § 19-71.)

Sec. 19-72. Soliciting trade or business on streets.

No person shall obstruct or unduly interfere in any way with
the passage of persons along any of the streets or sidewalks of the
city for the purpose of inducing them to purchase any article or
thing or to enter any shop, store, stall, hotel, boardinghouse or
restaurant or like establishment, or importune passers-by to
make any such purchase or enter any such establishment, or in
any disorderly or undue manner solicit trade, custom or patronage
in or along the streets or sidewalks of the city. (Code 1959, §
19-72.)

Sec. 19-73. Spitting.[342]

No person shall expectorate on any sidewalk or street crossing
or in any church or public building or on the steps or doorways
thereof or the steps or doorways of any store or office building or
on the floor or pavement of any railroad station or other public
place. (Code 1959, § 19-73.)

Sec. 19-74. Sunday—Working or transacting business.

Section 18.1-363.1 of the Code of Virginia shall not be effective
within the boundaries of the city. (11-27-74.)

Sec. 19-75. Repealed by Ordinance passed November 6, 1972.

Sec. 19-76. Threatening messages.[343]

It shall be unlawful for any person to send any message or
communication threatening another with any punishment other
than that contemplated by law. (Code 1959, § 19-76.)

Sec. 19-77. Tobacco—Sales, etc., to minors.[344]

No person shall sell, barter, give or furnish, or cause to be
sold, bartered given or furnished, to any minor under sixteen

years of age, cigarettes or tobacco in any form, having
good cause to believe such minor to be under sixteen years
of age. (Code 1959, § 19-77.)

Sec. 19-78. Trespass.

If any person shall unlawfully trespass upon any private
property within the city he shall, upon the complaint of the
owner or occupant of such property, be punished as provided
in section 1-5. In cases where the trespass is committed upon
property owned by the city or other public property, upon the
complaint of the official having charge of such property, the
offender shall be fined in like manner as aforesaid. (Code
1959, § 19-78.)

Sec. 19-79. Unlawful assemblages.

The assembling and collecting together of persons on the
streets, sidewalks or other public places, in such manner as to
block and obstruct free passage, is prohibited, and it shall be
the duty of the police to disperse such assemblages.

The assembling or collecting of persons on private premises
in such unusual numbers as to excite suspicion is prohibited,
and it shall be the duty of the police to disperse such
assemblages and to arrest such members of the assemblage
as have been guilty of disorder.

Premises whereon such assemblages gather shall, when
tenants of nearby houses are disturbed, or for similar reasons,
be deemed disorderly, and the owner may, and the occupants
shall, be held responsible.

Any person refusing to disperse after being required to do
so by any officer shall be punished as provided in section 1-5.
(Code 1959, § 19-79.)

Sec. 19-80. Vagrants—Persons deemed vagrants.[345]

The following persons shall be deemed vagrants:

(1) Unlawful return. All persons who shall unlawfully
return to this city after having been legally removed.

(2) Refusing to work. All persons who, not having wherewith
to maintain themselves and their families, live idly and

without employment and refuse to work for the usual and
common wages given to other laborers in like work in the city.

(3) Wandering in idleness. Persons wandering or strolling
about in idleness who are able to work and have no property
to support them.

(4) Idle, immoral or profligate life. Persons leading an
idle, immoral or profligate life, who have no property to support
them and who are able to work and do not.

(5) Begging. All able-bodied persons found begging for
a living, or who quit their homes and leave their wives or
children without the means of subsistence.

(6) Having no visible means of subsistence. All persons
who shall come from any place without this city and shall be
found loitering and residing herein, and who shall follow no
labor, trade, occupation or business, and have no visible means
of subsistence, and can give no reasonable account of themselves
or their business.

(7) Living by stealing. All persons having a fixed abode
who have no visible property to support them, and who live
by stealing or by trading or bartering stolen property.

(8) Hiring out children. All persons who are able to work
and who do not work, but hire out their minor children and
live upon their wages.

(9) Consorting with persons engaged in illegal enterprise.
All persons who have no visible income lawfully acquired and
who consort with idlers, gamblers, bootleggers, prostitutes,
narcotic users, narcotic vendors, persons engaged in the
operation of any disorderly house or illegal enterprise of any
kind, or persons having the reputation of any of the above
named. (Code 1959, § 19-80.)

Sec. 19-81. Same—How dealt with.[346]

It shall be the duty of the police, the city sergeant and
other city officials to give information, under oath, to any
officer empowered by law to issue criminal warrants, of all
vagrants within their knowledge, or persons whom they have
good reason to suspect of being vagrants in the city. Thereupon,
or upon the complaint of any person upon oath, the
officer shall issue a warrant for the arrest of the person alleged

to be a vagrant, and he shall be brought before the
municipal judge and, upon conviction, shall be punished as
provided by section 1-5, but the municipal judge or the court
before which the case may be tried may permit such persons
so convicted to give bond with sufficient security, in an amount
not exceeding five hundred dollars nor less than one hundred
dollars, conditioned upon his future industry and good conduct
for one year. Upon giving such bond such person shall
be set at liberty without undergoing the punishment imposed
by his conviction. It shall be sufficient defense to the charge
of vagrancy under this section and section 19-80 that the defendant
has made reasonable, bona fide efforts to obtain employment
at reasonable prices for his labor and has failed to
obtain the same. (Code 1959, § 19-81.)

Sec. 19-82. Reserved.

Sec. 19-83. Weapons—Carrying concealed weapons.[347]

No person shall carry about his person, hid from common
observation, any pistol, dirk, Bowie knife, switch-blade knife,
razor, slungshot, metal knucks, or any weapon of like kind,
and upon conviction of a violation of this section, such weapons
shall be forfeited and sold in such manner as the municipal
judge may deem best and the proceeds paid into the city
treasury. No person shall be punishable under this section
who has been granted permission to carry concealed weapons
in accordance with the laws of the state. (Code 1959, § 19-83.)

Sec. 19-84. Same—Shooting within city.

No person shall willfully discharge or cause to be discharged
any firearm within the city; provided, that this section shall
not apply to any law enforcement officer in the performance
of his official duties nor to any other person whose wilful act
is otherwise justifiable or excusable at law in the protection
of his life or property, or is otherwise specifically authorized
by law; provided further, that this section shall not apply to
any person shooting in licensed shooting galleries or shooting
inside a building on a shooting range so constructed, as to

prevent the shot, projectile or other missile which has been
tired from escaping or richocheting. (Code 1959, § 19-84; 5-21-62.)

Sec. 19-85. Same—Sales, etc., to minors.[348]

No person shall sell, barter, give or furnish, or cause to
be sold, bartered, given or furnished, to any minor under
eighteen years of age, firearms, cartridges, dirks, switch-blade
knives or Bowie knives, having good cause to believe such
minor to be under eighteen years of age.

The term "firearms," as used in this section, shall be construed
to include any gun, rifle or pistol adapted to the use in
any form of powder and shot (or balls) or cartridges, whether
such firearms be called "toy pistols," "toy guns," or otherwise.
(Code 1959, § 19-85.)

Sec. 19-85.1. Same—Sale of firearms, dirks or Bowie knives—
Permit required.

No person shall sell firearms, dirks or Bowie knives without
having first procured the annual written consent of the city
manager to engage in such business. This same consent shall
be used by such person in applying for his business license
under the License Tax Ordinance.

The city manager shall refuse to grant a permit to any
person who: (1) Is not of good moral repute or character;
or (2) has been convicted in any court of record of a crime
of violence or of a crime involving moral turpitude; or
(3) is a drug addict, habitual drunkard or mentally incompetent;
or (4) has been convicted of the sale of firearms, dirks
or Bowie knives without a permit authorizing such sale. (5-762;
5-1-67.)

Sec. 19-85.2. Same—Same—Records of sales of firearms.

Every person duly authorized to sell firearms, dirks or
Bowie knives shall keep a record of the purchase or sale of
each firearm, with the date of purchase or sale, the name of
the purchaser or seller and a description of the firearm bought
or sold. This record shall be open to officials of the city and to

all law enforcement officers. The chief of police shall make at
least an annual inspection of each duly licensed firearms dealer to
insure that records are being kept as required by this
section. (5-7-62.)

Sec. 19-86. Weeds, etc., on vacant lots.[349]

All owners of vacant properties situated in the city are hereby
required to cut all weeds and other foreign growth growing on
such properties within one hundred fifty feet of any residence and
to maintain such properties in a sightly condition. In the event
any such owner fails or refuses to cut such weeds and other
foreign growth, the same may be done by the city and the
expenses incidental to the cutting of such weeds and other foreign
growth shall be chargeable to and paid by the owner of the
property and shall be collected as other taxes and levies are
collected. (Code 1959, § 19-86.)

Sec. 19-86.1. Weeds, shrubbery, trees and other vegetation;
unlawful conditions.

(a) It shall be unlawful for the owner of any lot or parcel of
land within the city to permit to remain thereon, within one hundred
fifty feet of an occupied residence any weeds, brush or other
noxious or foreign vegetation in excess of eighteen inches in
height. It shall further be unlawful for the owner of any lot or
parcel of land to permit to grow or remain thereon any hedge,
shrub, tree or other vegetation, the limbs, branches or other parts
of which overhang, extend or protrude into any street, sidewalk or
public alley in a manner which obstructs or impedes the safe and
orderly movement of persons or vehicles thereon, or in the case of
trees, when the dead limbs or branches thereof are likely to fall
into or across such street or sidewalk thereby endangering such
persons and vehicles. Upon removal of any such unlawful
condition, the owner shall dispose of such vegetation in such a
manner as to eliminate any potential fire hazard.

(b) Whenever the city manager, or the official designated by
him determines any of such unlawful conditions to exist, he shall
notify the property owner of record of such determination by
certified mail, return receipt requested, sent to the address listed
in the real estate tax records, requiring such property owner to
correct the condition. If the condition is not corrected within ten
days after receipt of such notice, the city manager or his designee
may order such condition to be cleared or corrected, either by city
forces or by a private contractor. The cost thereof, together with
an administrative handling charge of fifteen dollars, shall be
billed to the property owner and if not paid shall be added to and
collected in the same manner as the real estate tax on such
property. (4-1-74; 11-18-74.)

Sec. 19-87. Wells—Filling or covering.[350]

Every person who shall own real estate within the city upon
which is located an unused well shall cause such well to be filled
with dirt, rocks or other similar material, to a point level with the
ground, or shall cause it to be covered with a concrete covering
satisfactory to the city engineer. (Code 1959, § 19-87.)

Article II. Driving Vehicles or Trains While Under
Influence of Intoxicants or Drugs.[351]

Sec. 19-88. Adoption of state law.

Pursuant to the authority of section 46.1-188 of the Code of
Virginia, as amended, all of the provisions and requirements of
the laws of the state contained in Article 6 of chapter 2 of Title
18.1 of the Code of Virginia, as amended, and in force on January
1, 1973, except those provisions and requirements the violation of
which constitutes a felony, and except those provisions and

requirements which by their very nature can have no application
to or within the city, are hereby adopted and incorporated in this
article by reference and made applicable within the city.
References to "highways of the state" contained in such
provisions and requirements hereby adopted shall be deemed to
refer to the streets, highways and other public ways within the
city. Such provisions and requirements are hereby adopted,
mutatis mutandis, and made a part of this article as fully as
though set forth at length herein, and it shall be unlawful for any
person, within the city, to violate or fail, neglect or refuse to
comply with any provision of Article 6 of chapter 2 of Title 18.1 of
the Code of Virginia which is adopted by this section; provided,
that in no event shall the penalty imposed for the violation of
any provision or requirement hereby adopted exceed the penalty
imposed for a similar offense under Article 6 of chapter 2 of Title
18.1 of the Code of Virginia. (3-19-73.)

Secs. 19-89 to 19-92. Repealed.

CHAPTER 20.

Off-Street Parking.

§ 20-1. Where off-street parking spaces required.

§ 20-2. Area exempt from requirements of chapter.

§ 20-3. Number of off-street parking spaces required.

§ 20-4. Off-street loading spaces and parking spaces for vehicles used
in operation of business.

§ 20-5. Meaning of "adjacent area of land".

§ 20-6. Spaces within buildings, in basements or on roofs.

§ 20-7. Land or building used for two or more purposes.

§ 20-8. Rules for computing required spaces.

§ 20-9. Changes in buildings or uses.

§ 20-10. Designs and plans; appeals.

§ 20-11. Separation from sidewalk, etc.; marking spaces; directional
signs.

§ 20-12. Drainage; resistance to erosion.

§ 20-13. Aisles; entrance and exit driveways.

§ 20-14. Access to street or alley; dimensions of spaces; setback.

§ 20-15. Lighting.

Sec. 20-1. Where off-street parking spaces required.

Off-street automobile and vehicular storage or parking
spaces shall be provided on any lot or adjacent area of land
within the city, except within the area defined in section 20-2,
on which any building may hereafter be erected or changed
in use, except as hereinafter provided. (Code 1959, § 20-1.)

Sec. 20-2. Area exempt from requirements of chapter.

The following area within the city is exempt and excluded
from the requirements of this chapter:

Sec. 19-91. Penalty — Generally; subsequent offenses; prior
convictions.[352]

Any person violating any provision of section 19-88 shall,
upon conviction thereof, be punished, for a first offense by a
fine of not less than two hundred dollars nor more than one
thousand dollars, or by confinement in jail for not less than
one month nor more than six months, either or both, in the
discretion of the jury or the court trying the case without a
jury. Any person convicted within any period of ten years of
a second or other subsequent offense under section 19-88, or
convicted of a first offense under section 19-88, after having
been convicted within a period of ten years prior thereto of an
offense under former section 18-39[353] , shall be punishable by
a fine of not less than two hundred dollars nor more than one
thousand dollars and by confinement in jail for not less than
one month nor more than one year. For the purposes of this
section, a conviction or finding of not innocent in the case of a
juvenile under the provisions of section 19-88, former section
18-39, the ordinance of any county, city or town in this state
or the laws of any other state substantially similar to the provisions
of sections 18.1-5 through 18.1-57 of the Code of Virginia,
shall be considered a prior conviction. (7-20-64.)

Sec. 19-92. Same—Forfeiture of right to drive; suspension of
sentence.[354]

The judgment of conviction, or finding of not innocent in
the case of a juvenile, if for a first offense under section 1988,
shall of itself operate to deprive the person so convicted
or found not innocent of the right to drive or operate any such
vehicle, conveyance, engine or train in this state for a period
of one year from the date of such judgment, and if for a
second or other subsequent offense within ten years thereof,
for a period of three years from the date of the judgment of
conviction or finding of not innocent thereof, any such period
in either case to run consecutively with any period of suspension
for failure to permit a blood sample to be taken as
required by section 19-89. If any person has heretofore been

convicted or found not innocent of violating any similar act
of this state and thereafter is convicted or found not innocent
of violating the provisions of section 19-88, such conviction or
finding shall, for the purpose of this section and section 19-91,
be a subsequent offense and shall be punished accordingly;
and the court may, in its discretion, suspend the sentence
during the good behavior of the person convicted or found not
innocent. (7-20-64.)

CHAPTER 20.

Off-Street Parking.

§ 20-1. Where off-street parking spaces required.

§ 20-2. Area exempt from requirements of chapter.

§ 20-3. Number of off-street parking spaces required.

§ 20-4. Off-street loading spaces and parking spaces for vehicles used
in operation of business.

§ 20-5. Meaning of "adjacent area of land".

§ 20-6. Spaces within buildings, in basements or on roofs.

§ 20-7. Land or building used for two or more purposes.

§ 20-8. Rules for computing required spaces.

§ 20-9. Changes in buildings or uses.

§ 20-10. Designs and plans; appeals.

§ 20-11. Separation from sidewalk, etc.; marking spaces; directional
signs.

§ 20-12. Drainage; resistance to erosion.

§ 20-13. Aisles; entrance and exit driveways.

§ 20-14. Access to street or alley; dimensions of spaces; setback.

§ 20-15. Lighting.

Sec. 20-1. Where off-street parking spaces required.

Off-street automobile and vehicular storage or parking
spaces shall be provided on any lot or adjacent area of land
within the city, except within the area defined in section 20-2,
on which any building may hereafter be erected or changed
in use, except as hereinafter provided. (Code 1959, § 20-1.)

Sec. 20-2. Area exempt from requirements of chapter.

The following area within the city is exempt and excluded
from the requirements of this chapter:

square feet and one space for each two hundred square feet of
retail sales area above five thousand square feet.

(5) Furniture and hardware stores, wholesale establishments,
machinery or equipment sales and service establishments,
clothing repair and shoe repair establishments: Two parking
spaces for the first one thousand square feet plus an additional
space for each four hundred square feet of floor area over one
thousand square feet.

(6) For all other commercial buildings not herein specified,
there shall be provided one parking space for each one
hundred square feet of gross floor area on the first floor, plus one
parking space for each five hundred square feet of gross floor
area on the upper floors.

(7) Rebound tumbling centers: Two spaces for each rebound
tumbler unit.

(8) Commercial swimming pools: One parking space for each
one hundred twenty-five square feet or fraction thereof of pool
area.

(9) Commercial skating rinks: One parking space for each
one hundred twenty-five square feet or fraction thereof of skating
rink area.

(e) Industrial.

(1) Industrial establishments, including warehouses, research
or testing laboratories, dairies, bottling plants and
similar establishments: One parking space for each two employees
on the maximum working shift.

(f) Multiple dwellings. One and one-half parking spaces for
each dwelling unit within a building; provided, however, that the
city council may, upon a petition from the property owner or
developer and after consideration and recommendation by the
planning commission, reduce the required parking spaces to one
space per dwelling unit if each of the following conditions exist:

(1) The character or use of the proposed building or
buildings will make unnecessary the full provision of one and
one-half parking spaces per dwelling unit because the families or
persons who will occupy these units, due to their income level, are
unlikely to own more than one car per dwelling unit, and

(2) Adequate space is not available to provide one and one-half
parking spaces per dwelling unit without violating zoning
requirements of this Code, and

(3) Authorization of this reduction in number of off-street
parking spaces will not be a substantial detriment to adjacent

property and the character of the district will not be changed by
the granting of this reduction, and

(4) This reduction in required spaces will not unreasonably
increase the congestion of public streets or increase dangers of
fire or imperil the public safety or unreasonably diminish or
impair established property values within the surrounding areas,
or in other respect impair the health, safety, comfort, morals or
general welfare or interest of the inhabitants of the city. (Code
1959, § 20-3; 10-3-60; 9-6-61; 9-7-65; 6-5-67; 9-16-68; 2-2-70; 12-770.)

Sec. 20-4. Off-street loading spaces and parking spaces for
vehicles used in operation of business.

In addition to the off-street parking spaces required by section
20-3, there shall be provided adequate off-street space for loading
and unloading vehicles owned or leased and regularly used in the
operation of any commercial or industrial establishment. In
addition, when such vehicles are to be parked at any such
establishment when not loading or unloading, there shall be
provided adequate parking space to take care of parking the
maximum number of vehicles that may be reasonably expected to
be parked at any one time. (Code 1959, § 20-4.)

Sec. 20-5. Meaning of "adjacent area of land".

"Adjacent area of land," as used in this chapter, shall mean
any plot of land contiguous to the area of land upon which is
erected the building for which the parking spaces are required or
any plot of land any part of which is directly across a street or
alley from any part of such building area or is located not more
than seven hundred fifty feet from any building served, measured
from the nearest point along the shortest line of public access.
(Code 1959, § 20-5.)

Sec. 20-6. Spaces within buildings, in basements or on roofs.

All garage and other spaces allocated for parking of vehicles
within buildings or in basements or open spaces on
the roofs of buildings shall be considered part of the required
off-street parking facilities and may be included as such in
computing the requirements outlined in this chapter, but no
such spaces shall be required to meet the provisions of this
chapter respecting design or traffic arrangements. (Code
1959, § 20-6.)

Sec. 20-7. Land or building used for two or more purposes.

(a) When any land or building is used for two or more
purposes, the number of parking spaces required shall be the
sum of the requirements for the various individual uses, computed
separately in accordance with this chapter. Parking
facilities for one use shall not be considered as providing the
required parking facilities for any other use.

(b) Requirements for the provision of parking facilities
with respect to two or more property uses of the same or
different types may be satisfied by the permanent allocation
of the requisite number of spaces for each use in a common
parking facility cooperatively established and operated; provided,
that the number of spaces provided shall not be less
than the sum of the individual requirements; provided
further, that the specifications in regard to location, plan,
etc., shall be complied with. (Code 1959, § 20-7.)

Sec. 20-12. Drainage; resistance to erosion.

All off-street parking facilities required under this chapter
shall be so drained as to prevent damage to abutting properties or
public streets and shall be constructed of material which will
assure a surface resistant to erosion. (Code 1959, § 20-12.)

Sec. 20-13. Aisles; entrance and exit driveways.

Aisles, entrance and exit driveways shall be built to the
following minimum specifications:

(1) Aisles with two-way traffic movement shall be not less than
twenty-two feet in width.

(2) Aisles with one-way traffic movement shall be as specified
below:

(a) Aisles serving ninety degree parking shall be not less
than twenty-two feet in width.

(b) Aisles serving sixty degree parking shall be not less than
twenty feet in width.

(c) Aisles serving forty-five degree parking shall be not less
than fifteen feet in width.

(d) Aisles serving thirty degree parking shall be not less than
twelve feet in width.

(e) Where such aisles serve parallel parking which are
located immediately adjacent to buildings they shall be not less
than sixteen feet in width. All other aisles serving parallel
parking shall be twelve feet in width or as much additional width
as may be required for access of emergency vehicles or curvilinear
streets.

(3) The location and design of entrance and exit driveways for
all lots, except those serving one-family and two-family
residences, shall be approved by the city manager to insure a safe
and convenient means of ingress and egress. (Code 1959, § 20-13;
3-6-67; 8-4-69.)

Sec. 20-14. Access to street or alley; dimensions of spaces;
setback.

In providing off-street automobile or vehicular parking spaces
as required by this chapter, such spaces shall have adequate
access to a street or alley and such access and spaces shall not
thereafter be reduced or encroached upon.

Except in the case of parking provided for one-family or
two-family dwellings, each required parking space shall be not
less than twenty feet in length and nine feet in width, exclusive of
driveways and aisles. Such parking spaces shall not be located
within the required front and side yard setbacks. No vehicle shall
be parked within six feet of any entrance or exit way. (Code 1959,
§ 20-14; 3-6-67.)

Sec. 20-15. Lighting.

Adequate lighting shall be provided for off-street parking
facilities used at night; provided, that lighting for one-family and
two-family dwellings shall not be required. Lighting installations
shall be arranged so as to concentrate the illumination upon the
parking area and prevent glare from falling onto the adjoining
property. (Code 1959, § 20-15.)

CHAPTER 21.

Parks and Cemeteries.[355]

§ 21-1. Superintendent—Appointment.

§ 21-2. Same—Powers and duties generally; obstructing.

§ 21-3. Same—Record of burials.

§ 21-4. Mapping and selling grave spaces.

§ 21-5. Deeds to spaces in cemeteries.

§ 21-6. Burial of paupers.

§ 21-7. Charges for keeping sections or spaces in order.

§ 21-8. Perpetual care of sections or spaces; fund.

§ 21-9. Perpetual care cemetery commission.

§ 21-10. Depth of graves; care in digging; notice to superintendent.

§ 21-11. Charges for grave space and digging graves.

§ 21-12. Care of graves of war veterans.

§ 21-13. Keepers of cemeteries to make weekly reports.

§ 21-14. Trespassing or destroying property in cemeteries, parks, etc.

§ 21-15. City market created; rules and regulations.

Sec. 21-1. Superintendent—Appointment.

The city manager shall appoint, subject to the approval of the
city council, a superintendent of parks and cemeteries, who shall
have special charge of the public parks and cemeteries and of all
property of the city in and about the same. (Code 1959, § 21-1.)

Sec. 21-6. Burial of paupers.[356]

The city council shall designate such portion of Oakwood
Cemetery as may be necessary for the interment or burial of
paupers. (Code 1959, § 21-7.)

Sec. 21-7. Charges for keeping sections or spaces in order.

Every owner of a section or part of a section in any cemetery in
the city, plotted and mapped prior to January 1, 1939, shall pay
annually, in advance, to the director of finance on the first day of
April the following fees for keeping such sections in good
condition, viz:

For a whole section, eight dollars;

Half section, five dollars;

Quarter section, two dollars and fifty cents;

One-eighth section, one dollar and fifty cents. (Code 1959, §
21-8.)

Sec. 21-8. Perpetual care of sections or spaces; fund.

There shall be established a fund to be known as "a fund for the
perpetual care of sections or spaces in the cemeteries, now or
hereafter owned or controlled by the City of Charlottesville."

Any owner or other party in interest may deposit with the
director of finance the sum of ten dollars per grave space to
provide for the perpetual care of the space.

Such sums so deposited shall be entered upon the records of the
city to the credit of the above-described fund in the name of the
party paying the same, and shall so stand to the credit of such
account as long as this arrangement may be in effect.

The city shall keep such grave space as shall have been
deposited for in good condition, that is to say, they shall be kept in
good sod and the grass shall be kept in shape, except that the city
shall not be held liable for the deterioration of the stones or
markers caused by erosion.

Should the city, at any time, discontinue the control and
supervision of the several cemeteries, then such fund shall be
transmitted to its successors or returned to the person or estate
paying such sums into the fund. (Code 1959, § 21-9.)

Sec. 21-9. Perpetual care cemetery commission.

There shall be a perpetual care cemetery commission who shall
be custodian of the perpetual care fund. The commission shall be
composed of the mayor, the city treasurer, the director of finance
and the chairman of the finance committee of the city council. It
shall be the duty of the commission to properly invest the fund
and to turn into the treasury, annually, on the last day of the
fiscal year, the income accruing from such fund. (Code 1959, §
21-10.)

Sec. 21-10. Depth of graves; care in digging; notice to
superintendent.

Each grave shall not be less than five feet in depth. No
interment shall be made which shall disturb the remains of the
dead, or which shall displace or injure any monument or stone
placed over a grave. All persons desiring to have a grave opened
shall notify the superintendent of parks and cemeteries at least
twenty-four hours before the interment and shall designate the
space which is to be used. (Code 1959, § 21-11.)

Sec. 21-11. Charges for grave space and digging graves.

The following charges shall be made for grave spaces in
Oakwood Cemetery: In Divisions H, J, K and L, thirty-five dollars
for each space; in Division G, twenty-five dollars for each space.
All sums so paid shall be deposited in the fund described in
section 21-8.

The following charges shall be made for digging graves:

   

1. Where the outside case is three feet or less in length	$25.00
2. Where the outside case exceeds three feet in length	50.00

Unless a concrete or steel vault is furnished on behalf of a
person to be buried, the city shall furnish a concrete box at a cost
of forty-five dollars. Wooden boxes shall not be permitted.

The above fees or cost shall be payable in advance unless
guaranteed by some responsible person. (Code 1959, § 21-12;
9-26-66; 8-17-70; 4-15-74.)

Sec. 21-12. Care of graves of war veterans.

The director of the department of parks and recreation is
directed to take care of the graves of veterans of all American
wars, wherever there is a marker or inscription to identify them,
at the expense of the city, where no provision has been made for
their upkeep. (Code 1959, § 21-13; 8-6-73.)

Sec. 21-13. Keepers of cemeteries to make weekly reports.

Every keeper or other person or officer in charge of any
cemetery or burial ground within the city shall make a weekly
report to the health officer of the number of bodies buried by him
during the preceding week. (Code 1959, § 21-14.)

Sec. 21-14. Trespassing or destroying property in cemeteries,
parks, etc.[357]

No person shall break, injure or destroy any monument,
gravestone or marker, shrub, plant or tree in the cemeteries or
parks in the city, or any property appertaining thereto, or
unlawfully trespass in any manner on the grounds. (Code 1959, §
21-15.)

Sec. 21-15. City market created; rules and regulations.

There is hereby established a city market to be operated for the
accommodation of persons desiring to make retail sales of farm
produce, food stuffs, art work or handicrafts grown or produced
by such persons, the members of his family or farm laborers
employed by him upon property owned or leased by such seller.
Such market shall be operated by the department of parks and
recreation at a location to be designated by the city manager. The
city manager is authorized to make and enforce necessary rules
and regulations governing the hours of operation and conduct of
business in the city market; provided, that such rules and
regulations shall be submitted to city council for review and
approval. No person shall be allowed to sell any produce or
articles in the city market unless he shall have first obtained a
producer's certificate, pursuant to section 16A-85. (8-6-73.)

CHAPTER 22.

Reserved.

CHAPTER 22.1.

Plumbing, Sewers and Sewage Disposal.[358]

Article I. Administration.

§ 22.1-1. Repealed.

§ 22.1-1.1. Adoption of Plumbing Code.

§ 22.1-2. Repealed.

§ 22.1-2.1. Amendments to Plumbing Code; filling in blanks.

§ 22.1-3. Plumbing inspector—Powers and duties generally; engaging in
business; obstructing inspector.

§ 22.1-4. Same—Duty as to notices and certificates; records and reports;
inspections generally.

§ 22.1-5. Plumbing board.

§ 22.1-6. Qualifications for registration as master plumber.

§ 22.1-7. Bond for master plumbers or persons engaged in plumbing
business.

§ 22.1-8. Qualification for registration as journeyman plumber.

§ 22.1-9. Re-examination of applicants for registration.

§ 22.1-10. Certificates of registration for plumbers.

§ 22.1-11. Plumbing permits to be granted only to master plumbers;
who may do plumbing work.

§ 22.1-12. Certificate of proficiency.

§ 22.1-13. When plumbing permit and inspection required.

§ 22.1-14. Repealed.

Article II. Repealed.

§§ 22.1-15 to 22.1-23. Repealed.

Article III. Repealed.

§§ 22.1-24 to 22.1-31. Repealed.

Article IV. Repealed.

§§ 22.1-32 to 22.1-45. Repealed.

Article V. General Regulations.

§§ 22.1-46 to 22.1-48. Repealed.

§ 22.1-49. Removal of obstructions.

§ 22.1-50. Injuring sewers, manholes, etc.

§§ 22.1-51 to 22.1-56. Repealed.

Article VI. Sewers.

§ 22.1-57. Separate building sewers.

§ 22.1-58. Repealed.

§ 22.1-59. Sewers in relation to water and gas lines.

§§ 22.1-60 to 22.1-64. Repealed.

Article VII. Repealed.

§§ 22.1-65 to 22.1-69. Repealed.

Article VIII. Repealed.

§§ 22.1-70 and 22.1-71. Repealed.

such registration is revoked, the holder thereof shall be given
written notice of such charges and of time and place where the
plumbing board will proceed to hear evidence in regard thereto,
and he shall be entitled to be present at such meeting and present
evidence on his behalf.

The fee for each original certificate of registration shall be two
dollars and each renewal thereof one dollar, which shall be paid
into the city treasury before such registration shall be effective.
(10-19-64.)

Sec. 22.1-11. Plumbing permits to be granted only to master
plumbers; who may do plumbing work.

Plumbing permits shall be issued only to a duly registered
master plumber or to an authorized employee of a business
employing such a master plumber. All permits shall be signed by
a master plumber or on his behalf by an authorized employee. It
shall be the responsibility of each person to keep on file with the
plumbing inspector a list of employees authorized to sign the
master plumber's name for issuance of a permit, and the
plumbing inspector, so long as such employee's name is listed,
may issue a permit to such employee and hold the master
plumber liable for compliance to this chapter for the job for which
the permit was issued.

Only a master plumber, a journeyman plumber or individuals
under the immediate supervision of a master or journeyman
plumber shall be allowed to make any connection with sewer,
drain, soil, waste, vent or water pipe, or make any alterations or
additions to any sewer, drain, soil, waste, vent or water pipe;
provided, that this shall not prevent the digging of ditches by
individuals without the presence of a master or journeyman
plumber on the job.

Journeyman plumbers, who are duly registered as herein before
set forth, performing plumbing work shall be employees of a
master plumber or of a business employing a master plumber, to
whom a permit has been issued. (10-19-64.)

Sec. 22.1-12. Certificate of proficiency.

(a) Application; examination; certificate prerequisite to license;
expiration of certificate issued to representative of firm or
corporation. Every person desiring to enter the field of plumbing
within the jurisdiction of the provisions of this Code and other
ordinances, rules and regulations concerning plumbing in the city
shall give notice of such fact in writing to the plumbing inspector.
Such person shall be a master plumber or employ a master
plumber in good standing at the time of such notice. After this
notice, the plumbing board shall issue a certificate of proficiency
which shall entitle such person to obtain from the commissioner
of revenue a license[359] to engage in the business of plumbing
contractor in the city, upon payment of the license tax prescribed
by law therefor. Every such certificate issued to a firm or
corporation shall be valid as long as the individual holding a valid
master plumber's registration card, who applied therefor on
behalf of such firm or corporation, is in the employ or actively
engaged in the business of such firm or corporation. In the event
such individual leaves the employ of such firm or corporation or is
no longer actively engaged in such business, such certificate shall
forthwith become null and void and such firm or corporation shall
not be authorized to engage in such business until some other
individual of such firm or corporation conforms to the provisions
of this section; provided, however, that the superintendent of
inspections may permit such firm or corporation to continue to
engage in business for a period of up to ninety days.

(b) Nontransferable; duration. Certificates issued under the
provisions of this section shall not be transferable and shall
continue in force as long as such persons are engaged in the
business of a plumbing contractor or as long as such duly
accredited master plumber is employed by or actively engaged in
the business of such firm or corporation.

(c) Notice of change in place of business; surrender of
certificate upon retirement, etc. It shall be the duty of every
person holding such certificate to give immediate written notice

to the plumbing inspector of any change in the place of business
or retirement from business of such person. If such person retires
from business for which a certificate was issued, such certificate
shall immediately be surrendered to the plumbing inspector.

(d) Certificates previously issued. All certificates heretofore
issued to any person to engage in the business of a plumbing
contractor shall be valid and effectual until the same becomes
null and void as provided in this section.

(e) Investigation of fitness of certificate holders; revocation or
suspension of certificates. The plumbing board may, on its own
motion, and shall, on receipt of complaint, investigate the fitness
of any certified master or journeyman plumber to continue to
hold such certificate. If, after hearing, the board finds the
individual no longer fit to hold the certificate for which he had
previously qualified, the board may revoke or suspend such
certificate under such conditions as it deems warranted by its
findings. (10-19-64; 7-3-72; 1-6-75.)

Sec. 22.1-13. When plumbing permit and inspection required.

A plumbing permit and inspection shall be required whenever
the city furnishes an applicant with water to supply plumbing
fixtures; provided, that owners of property outside the city,
desiring to connect to a city water main, shall make written
application therefor to the city manager. If the city manager
approves such application, he shall grant a permit for such
connection provided that the owner executes a contract with the
city agreeing to comply with all city plumbing ordinances.

A plumbing permit shall be required for the installation,
roughing-in or changing of any sewer, waste, vent, trap, or
fixture. The word "fixture" shall be construed to mean each water
closet, sink, bathtub, shower, lavatory, urinal, wash tray, floor
drain, washing machine connection, disposal or any water using
apparatus which is connected to the waste or drainage system
through a trap.

Except for emergency plumbing work, for which a plumbing
permit would be required, all plumbing permits shall be applied
for and issued before the commencement of plumbing work on the
job. It shall be the duty of the master plumber, as soon after the

emergency as is possible, to notify the plumbing inspector of the
emergency work done and to secure a permit therefor. (10-19-64.)

Sec. 22.1-14. Repealed by ordinance passed 6-4-73.

Article II. Repealed.

Secs. 22.1-15 to 22.1-23. Repealed by ordinance passed 6-4-73.

Article III. Repealed.

Secs. 22.1-24 to 22.1-31. Repealed by ordinance passed 6-4-73.

Article IV. Repealed.

Secs. 22.1-32 to 22.1-45. Repealed by ordinance passed 6-4-73.

Article V. General Regulations.

Secs. 22.1-46 to 22.1-48. Repealed by ordinance passed 6-4-73.

Sec. 22.1-49. Removal of obstructions.

In case of any stoppage in a public sewer, the city shall remove
the obstruction. If the stoppage occurs in the sewer between a
house and the city sewer main, the property owner whose
property connects with the public sewer shall remove the
obstruction. If he fails to remove the obstruction within
forty-eight hours after notice from the city manager, the
obstruction may be removed by the city and the cost thereof,
together with twenty per cent thereof, shall be paid by the owner
or occupant. (10-19-64.)

Sec. 22.1-50. Injuring sewers, manholes, etc.

No person, while engaged in the construction of house sewer or
otherwise, shall injure, trim, break or remove any portion of any

CHAPTER 24.

Prison and Prisoners.[360]

Article I. In General.

§ 24-1. City jail established.

§ 24-2. Sheriff to have supervision and control of jail.

§ 24-3. Duty to receive and retain persons committed to jail.

§ 24-4. Committing persons to jail; release from custody.

§ 24-5. Purchases for jail.

§ 24-6. Health officer to inspect jail; reports to city manager.

§ 24-7. Sick prisoners.

§ 24-8. Credit for good conduct; credit on fine and costs.

§ 24-9. Limitation of confinement for failure to pay fine and costs.

§ 24-10. Work force — Establishment; control of city manager.

§ 24-11. Same — Persons required to work.

§ 24-12. Same — Foreman and assistant foreman — Appointment.

§ 24-13. Same — Same — Police powers; removal from office.

§ 24-14. Same — Taking out prisoners to labor.

§ 24-15. Same — Prisoners to obey orders and work each day unless excused.

Article II. Charlottesville-Albemarle Regional Jail Board.

§ 24-16. Created; composition; terms of members.

§ 24-17. Continuation of present members; vacancies; maximum number of
terms.

Article I. In General.

Sec. 24-1. City jail established.

A city jail shall be established for the confinement of all
persons who may be committed or sentenced thereto. (Code 1959,
§ 24-1.)

Sec. 24-2. Sheriff to have supervision and control of jail.

The city sheriff shall have supervision and control of the city
jail and the custody of all prisoners confined therein, as provided
by sections 14-95 and 53-187 of the Code of Virginia. (Code 1959, §
24-2.)

Sec. 24-3. Duty to receive and retain persons committed to
jail.[361]

All persons who may be lawfully committed to the city jail by
the judge of any court shall be received by the city sheriff in
such jail and shall be there retained until released by proper
order. (Code 1959, § 24-3.)

Sec. 24-4. Committing persons to jail; release from custody.[362]

No person shall be committed to the city jail except upon
written order of the municipal judge or the chief of police, nor
shall any person committed to the city jail be released therefrom
except upon a like order. (Code 1959, § 24-4.)

Sec. 24-5. Purchases for jail.[363]

The city purchasing agent shall make all purchases of every
kind and character necessary for the operation of the jail, and the
costs of the same shall be paid by the city. (Code 1959, § 24-5.)

Sec. 24-6. Health officer to inspect jail; reports to city
manager.[364]

The health officer shall at least once a month inspect the jail
and make a report of the same to the city manager. (Code 1959, §
24-6.)

Sec. 24-14. Same — Taking out prisoners to labor.

The foreman of the work force shall take out such prisoners as
may from time to time be delivered to him by the city sergeant
and shall require them to perform such labor as may previously
have been designated by the city manager. The foreman shall
treat such prisoners humanely, using at the same time, however,
all such measures as may be necessary to secure diligent service
on the part of the prisoners and to prevent their escape. (Code
1959, § 24-14.)

Sec. 24-15. Same — Prisoners to obey orders and work each
day unless excused.

Each prisoner who is assigned to the work force shall obey each
and every proper order of the foreman or assistant foreman, shall
perform such work as is required of him by the officers in charge
of such force and shall work each day the force is out unless
excused by sickness or by the city manager. (Code 1959, § 24-15.)

Article II. Charlottesville-Albemarle Regional Jail
Board.

Sec. 24-16. Created; composition; terms of members.

The Charlottesville-Albemarle Regional Jail Board created
pursuant to a resolution duly adopted by the city council on April
9, 1974, and by the Board of Supervisors of Albemarle County on
April 18, 1974, shall consist of seven members. The board shall
include the sheriffs of the city and county who shall serve for a
term consistent with their respective terms as sheriff; one
member of city council to be appointed by the council and who
shall hold office at the pleasure of the council; one member of the
board of supervisors to be appointed by the board of supervisors
and who shall hold office at the pleasure of the board of
supervisors; one private citizen from the city and one from the
county, to be appointed by the respective governing bodies, for
terms of three years, and one additional private citizen to be
appointed jointly by the governing bodies for a term of three
years. (4-7-75, § 1.)

Sec. 24-17. Continuation of present members; vacancies;
maximum number of terms.

Members of the board in office on March 10, 1974 shall continue
in office until the effective date of their replacement
appointments provided for in section 24-16. Vacancies on the
Charlottesville-Albemarle Regional Jail Board shall thereafter be
filled for an unexpired term in the manner in which original
appointments are required to be made. Continued absence of any
member for regular meetings of the board shall, at the discretion
of the city council and board of supervisors, render such member
liable to immediate removal from office. No private citizen
member of the board shall serve more than two consecutive three
year terms. (4-7-75, § 1.)

CHAPTER 25.

Public Welfare.

Article I. In General.

§ 25-1. Director of public welfare designated; powers and duties generally.

§ 25-2. Superintendent of public welfare — Appointment; compensation.

§ 25-3. Same — Powers and duties generally.

§ 25-4. Same — Remanding cases to district home.

§ 25-5. Same — Accounting for city funds; incurring indebtedness beyond
appropriation.

§ 25-6. Same — Reports.

§ 25-7. Public welfare employees.

§ 25-8. Representative on district home board.

§ 25-9. Providing assistance to families unable to support themselves.

§ 25-10. Removal of poor to last place of settlement.

§ 25-11. Aid to destitute nonresidents.

§ 25-12. Burial of paupers.

§ 25-13. Audit and inventory in public welfare department.

§ 25-14. Welfare advisory board.

Article II. Rental Relief for the Elderly.

§ 25-15. Definitions.

§ 25-16. Purpose of article; effective date.

§ 25-17. Qualifications for grant.

§ 25-18. Application for grant; investigation of affidavit.

§ 25-19. Calculation of amount of grant.

§ 25-20. Penalty for violation of article.

§ 25-21. Severability.

Article I. In General.

Sec. 25-1. Director of public welfare designated; powers and
duties generally.[365]

The department of public welfare shall be under the control and
supervision of the city manager, who is hereby designated as
director of public welfare. Such director shall exercise all powers
and perform all duties conferred upon and required of local
welfare boards by state law, ordinance or otherwise. (Code 1959, §
25-1.)

Sec. 25-2. Superintendent of public welfare[366] — Appointment;
compensation.

The director of public welfare, subject to the approval of the
city council, shall appoint a superintendent of public welfare who
shall hold office at the pleasure of the director of public welfare
and shall receive such compensation as may be fixed by the city
council. (Code 1959, § 25-2.)

Sec. 25-3. Same — Powers and duties generally.

The superintendent of public welfare, subject to the approval of
the director of public welfare, shall have control and direction of
the public charities of the city, and shall see that those persons
now receiving or making application to

welfare, when, in the opinion of the superintendent, the estate
of the deceased is not sufficient to pay the expenses of
burial. Such burial shall in all cases be in the pauper section
of the cemetery. The expense incurred in the burial shall be
charged against the appropriation for public welfare. (Code
1959, § 25-12.)

Sec. 25-13. Audit and inventory in public welfare department.

The director of finance shall, annually, or as often as he
may deem necessary, audit the accounts and inventory the
property in the custody of the superintendent of public welfare
and shall require the person receiving and expending the
funds for public welfare to keep account of all receipts and
purchases in such manner as the director of finance may prescribe.
A report of such annual audit and inventory shall be
made to the city council not later than the thirtieth day of
September in each year. (Code 1959, § 25-13.)

Sec. 25-14. Welfare advisory board.

There is hereby created a welfare advisory board for the
city, which shall consist of five members, one of whom shall
be a member of the city council. The members of the board
shall be appointed by the mayor for terms of one year, expiring
on July 1 of each year, and shall serve without compensation.
The board shall act in an advisory capacity only and
shall advise the director of public welfare and the superintendent
of public welfare with respect to the merits of any
cases which may be referred to it by the director or superintendent
and may also on its own motion make recommendations
to the director of public welfare and the superintendent
of public welfare with respect to individual cases or general
policies. (Code 1959, § 25-14.)

Article II. Rental Relief for the Elderly.

Sec. 25-15. Definitions.

For the purposes of this article the following words and
phrases shall have the meanings respectively ascribed to

them by this section, unless another meaning shall clearly
appear from the context:

Affidavit. The rental relief grant affidavit.

Dwelling. The full-time residence of the person or persons
applying for a grant.

Grant. The financial assistance payment allowable to a
qualifying elderly person pursuant to the requirements of
this article.

Grant year. The calendar year for which a grant is sought.

Rent. The monetary consideration paid for the right to
occupy the dwelling unit.

Tenant. One residing in a dwelling by virtue of a leasehold
interest, for which rent is paid. (3-19-73.)

Sec. 25-16. Purpose of article; effective date.

It is hereby declared to be the purpose of this article to
provide for the payment of grants to qualified tenants residing
the city who are not less than sixty-five years of age and
who are otherwise eligible according to the provisions of this
article. The city council finds and declares that persons qualifying
for such grants are deemed to bear an extraordinary
burden in rent costs, and thereby indirectly an extraordinary
real estate tax burden, in relation to their income and financial
worth. Such persons are deemed thus to qualify for
general relief as provided in section 63.1-106 of the Code of
Virginia, which general relief shall be in the form of the
grants provided pursuant to this article. This article shall be
effective, as of the date of adoption of this article,[367] to provide
for such grants for the grant year 1972 and subsequent
grant years. The amount of the grant to be paid in 1973 shall
be determined on the basis of rents paid and income earned
during the grant year 1972. (3-19-73.)

Sec. 25-17. Qualifications for grant.

Grants pursuant to this article shall be made to persons
complying with the following provisions:

(a) The applicant has paid rent for his dwelling within the city
during the grant year and was a resident of the city on December
31 of the grant year.

(b) The applicant, or his or her spouse if they reside together, is
sixty-five years of age or older as of December 31 of the grant
year.

(c) The dwelling for which the rental relief grant is sought was
occupied as of December 31 of the grant year as the sole dwelling
place of the applicant.

(d) The gross combined income during the grant year from all
sources of such applicant and of all relatives of the applicant
living in such dwelling does not exceed the sum of seven thousand
five hundred dollars; provided, that the first two thousand
five hundred dollars of income of each relative other than spouse
of such applicant who is living in such dwelling shall be excluded
from such total. If the applicant has been a resident of the city for
less than the full grant year, the gross combined income for such
year and the maximum allowable income shall be prorated for the
period of actual residency.

(e) The net combined financial worth of such applicant and
relatives of such applicant living in such dwelling as of December
31 of the grant year does not exceed twenty thousand dollars. Net
combined financial worth shall include all assets, including
equitable interests. (3-19-73; 8-20-73, § 1.)

This article shall be in effect for the grant year 1974
and subsequent grant years.

Sec. 25-18. Application for grant; investigation of affidavit.

(a) Annually, and not later than May 1 of the year following
the grant year, the person claiming a grant shall file with the
commissioner of the revenue of the city, a rental relief grant
affidavit.

(b) The affidavit shall set forth the names of the related
persons occupying the dwelling for which rental relief is claimed,
and the total combined net worth and gross combined income as

defined in this article, together with the amount of rent paid for
such dwelling during the grant year. The form of such affidavit
shall be determined by the commissioner of the revenue and
approved by the city manager and shall contain such other
information as may be necessary adequately to determine
compliance with section 25-17. In addition the commissioner may
make such further inquiry of applicants, requiring answers under
oath and the production of certified tax returns, as may be
reasonably necessary to determine eligibility for a grant.

(c) The commissioner, after audit and investigation of such
affidavits, shall certify a list of the persons qualifying for grants
and the amounts thereof to the director of finance and the city
treasurer who shall pay forthwith to each applicant the amount of
the grant for which he is eligible as determined pursuant to
section 25-19. (3-19-73.)

Sec. 25-19. Calculation of amount of grant.

For qualifying applicants, the amount of the grant shall be
twenty-five percent of the amount determined by subtracting
twenty-four percent of gross combined income as defined by
section 25-17 (d), from the actual amount of rent paid, or eighteen
hundred dollars, whichever is less. If the applicant was a resident
of the city for less than the full grant year, the actual rent paid or
maximum rent allowable shall be prorated for the period of actual
residency. (3-19-73.)

Sec. 25-20. Penalty for violation of article.

Any person or persons falsely claiming a grant under this
article shall be guilty of a misdemeanor, and upon conviction
thereof, shall be fined not less than fifty nor more than five
hundred dollars for each offense. (3-19-73.)

Sec. 25-21. Severability.

The provisions of this article are hereby declared to be
severable. If any section, subsection, clause or phrase thereof

shall be held to be unconstitutional or void, such holding shall
not be deemed to affect the validity of the remaining portions
of the article. (3-19-73.)

CHAPTER 26.

Railroads.[368]

§ 26-1. Restrictions as to speed.

§ 26-2. Placing obstructions on tracks.

§ 26-3. Sounding locomotive whistles in city.

§ 26-4. Ringing locomotive bell.

§ 26-5. Driving in front of locomotives; getting on or off train in motion.

§ 26-6. Loitering or trespassing upon tracks or platform.

§ 26-7. Obstructing passage on streets; standing vehicle on track.

Sec. 26-1. Restrictions as to speed.

No locomotive engine, car or train of cars or other vehicle
on any railroad track within the city limits shall be moved or
propelled along or over any such railroad track at a greater
rate of speed than fifteen miles per hour in a business district
or twenty-five miles per hour in a residence district. The
definitions of "business district" and "residence district" appearing
in section 18-1 shall apply. (Code 1959, § 26-1.)

Sec. 26-2. Placing obstructions on tracks.

No person shall wilfully place a stone or other obstruction
upon the tracks of any railway company with intent to obstruct,
impede or otherwise interfere with the operation of
such railroad. (Code 1959, § 26-2.)

Sec. 26-3. Sounding locomotive whistles in city.

No locomotive engine whistle shall be sounded in the city
limits except to warn persons or animals off the roadbed.
(Code 1959, § 26-3.)

Sec. 26-4. Ringing locomotive bell.

No locomotive engine bell may be rung within the city,

Sec. 20-12. Drainage; resistance to erosion.

All off-street parking facilities required under this chapter
shall be so drained as to prevent damage to abutting properties
or public streets and shall be constructed of material
which will assure a surface resistant to erosion. (Code 1959,
§ 20-12.)

Sec. 20-13. Aisles; entrance and exit driveways.

Aisles, entrance and exit driveways shall be built to the following
minimum specifications:

(1) Aisles with two-way traffic movement shall be not less
than twenty-two feet in width.

(2) Aisles with one-way traffic movement shall be as specified
below:

(a) Aisles serving ninety degree parking shall be not less
than twenty-two feet in width.

(b) Aisles serving sixty degree parking shall be not less
than twenty feet in width.

(c) Aisles serving forty-five degree parking shall be not
less than fifteen feet in width.

(d) Aisles serving thirty degree parking shall be not less
than twelve feet in width.

(e) Where such aisles serve parallel parking which are
located immediately adjacent to buildings they shall be not less
than sixteen feet in width. All other aisles serving parallel
parking shall be twelve feet in width or as much additional
width as may be required for access of emergency vehicles or
curvilinear streets.

(3) The location and design of entrance and exit driveways
for all lots, except those serving one-family and two-family
residences, shall be approved by the city manager to insure a
safe and convenient means of ingress and egress. (Code 1959,
§ 20-13; 3-6-67; 8-4-69.)

Sec. 20-14. Access to street or alley; dimensions of spaces;
setback.

In providing off-street automobile or vehicular parking
spaces as required by this chapter, such spaces shall have adequate
access to a street or alley and such access and spaces
shall not thereafter be reduced or encroached upon.

Except in the case of parking provided for one-family or

two-family dwellings, each required parking space shall be
not less than twenty feet in length and nine feet in width,
exclusive of driveways and aisles. Such parking spaces shall
not be located within the required front and side yard setbacks.
No vehicle shall be parked within six feet of any entrance
or exit way. (Code 1959, § 20-14; 3-6-67.)

Sec. 20-15. Lighting.

Adequate lighting shall be provided for off-street parking
facilities used at night; provided, that lighting for one-family
and two-family dwellings shall not be required. Lighting installations
shall be arranged so as to concentrate the illumination
upon the parking area and prevent glare from falling
onto the adjoining property. (Code 1959, § 20-15.)

CHAPTER 21.

Parks and Cemeteries.[369]

§ 21-1. Superintendent—Appointment.

§ 21-2. Same—Powers and duties generally; obstructing.

§ 21-3. Same—Record of burials.

§ 21-4. Mapping and selling grave spaces.

§ 21-5. Deeds to spaces in cemeteries.

§ 21-6. Burial of paupers.

§ 21-7. Charges for keeping sections or spaces in order.

§ 21-8. Perpetual care of sections or spaces; fund.

§ 21-9. Perpetual care cemetery commission.

§ 21-10. Depth of graves; care in digging; notice to superintendent.

§ 21-11. Charges for grave space and digging graves.

§ 21-12. Care of graves of war veterans.

§ 21-13. Keepers of cemeteries to make weekly reports.

§ 21-14. Trespassing or destroying property in cemeteries, parks, etc.

Sec. 21-1. Superintendent—Appointment.

The city manager shall appoint, subject to the approval of
the city council, a superintendent of parks and cemeteries,
who shall have special charge of the public parks and cemeteries
and of all property of the city in and about the same.
(Code 1959, § 21-1.)

Sec. 21-2. Same—Powers and duties generally; obstructing.[370]

The superintendent of parks and cemeteries shall employ,
subject to the approval of the city manager, such help as may
be needed for the proper maintenance and operation of the
same. He and his deputies shall have all the powers of a
member of the city police force within the parks and cemeteries
over which he has jurisdiction, and within one quarter
of a mile thereof. He shall enforce such rules and regulations

as may be prescribed by the city council or the city manager and
shall keep order and preserve the peace therein. Anyone obstructing
or hindering the superintendent of parks and cemeteries
in the discharge of his duty shall be punished as provided
in section 1-5. (Code 1959, § 21-2.)

Sec. 21-3. Same—Record of burials.

The superintendent of parks and cemeteries shall keep a record
of each cemetery according to plats prepared by the city engineer,
showing the name, lot and section number, grave and date of
interment of every person buried in such cemetery. (Code 1959, §
21-3.)

Sec. 21-4. Mapping and selling grave spaces.

The superintendent shall sell the spaces as shown on city
cemetery maps prepared and dated prior to January 1, 1939,
which are on file in the office of the city engineer and recorded in
the office of the clerk of the corporation court, at such prices as
may be fixed from time to time by the city council.

The city engineer shall prepare three maps of each cemetery
and addition thereto that may be plotted or established after
January 1, 1939, so as to enable the superintendent of parks and
cemeteries to make sales of grave spaces and properly describe
the same. One map shall be kept by the city engineer, one map
shall be kept by the superintendent of parks and cemeteries and
one map shall be recorded in the clerk's office of the corporation
court. The superintendent of parks and cemeteries shall sell the
grave spaces as shown on such maps at such prices as may be
fixed from time to time by the city council. (Code 1959, § 21-4.)

Sec. 21-5. Deeds to spaces in cemeteries.

The mayor shall have authority and it shall be his duty to
convey in the name and on behalf of the city to any purchaser
thereof any space in any cemetery of the city to which the city has
a clear title, provided the following is properly executed:

"WHEREAS, the director of finance has received the full
purchase price of the property hereby conveyed as is evidenced by
his signature hereto.

"NOW, THEREFORE, THIS DEED, by and between the CITY
OF CHARLOTTESVILLE, VIRGINIA, hereinafter referred to as

the City, and . . . . . . . . . . . . . . . . . . . . . . hereinafter referred to as
the owner;

"WITNESSETH: That for and in consideration of the sum of
$ . . . . . . . . . . cash in hand paid by the owner to the city,
the receipt whereof is hereby acknowledged, as well as the
covenants and agreements hereinafter made by the owner, the
city does hereby grant, bargain, sell and convey, with GENERAL
WARRANTY of title unto . . . . . . . . . . . . . . . . . . owner, those
certain lots or parcels of land in said city, designated on a plat of
. . . . . . . . . . . . . . . . . cemetery as grave space . . . . in block
number . . . . . . ., Division . . . . . ., said plat being filed and
recorded as is provided by law.

"As a part of the consideration for this deed, it is mutually
agreed as follows:

"(1) This deed may be recorded in the clerk's office of the
corporation court by and at the expense of the owner, and the city
shall not permit the interment of any person in said space without
the consent of the owner of the legal title to said space, or his
heirs or personal representative.

"(2) Said space shall be subject to the control and management
of the city and shall be subject to any laws, ordinances or
resolutions of the city council which may be passed or adopted for
the management, government or improvement of the cemetery in
which the space is located.

"(3) The above purchase price will be deposited by the city in
the "Perpetual Care Fund" and said space shall be perpetually
cared for by the city in accordance with such rules and
regulations as may now or hereafter be provided for the perpetual
care of the sections and spaces in the cemeteries of said city.

"In testimony whereof, the city has caused this deed to be
executed by its Mayor, with its corporate seal affixed, attested by
its clerk, and the director of finance and owner have hereunto
subscribed their respective names, this the . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . ., 19 . . . . . . . . . .."

(SEAL)

ATTEST

City of Charlottesville,

By .............................................

Mayor

.............................................

Director of Finance

.............................................

Owner"

(Code 1959, § 21-5; 8-17-70.)

Sec. 21-6. Burial of paupers.[371]

The city council shall designate such portion of Oakwood
Cemetery as may be necessary for the interment or burial of
paupers. (Code 1959, § 21-7.)

Sec. 21-7. Charges for keeping sections or spaces in order.

Every owner of a section or part of a section in any cemetery in
the city, plotted and mapped prior to January 1, 1939, shall pay
annually, in advance, to the director of finance on the first day of
April the following fees for keeping such sections in good
condition, viz:

For a whole section, eight dollars;

Half section, five dollars;

Quarter section, two dollars and fifty cents;

One-eighth section, one dollar and fifty cents. (Code 1959, §
21-8.)

Sec. 21-8. Perpetual care of sections or spaces; fund.

There shall be established a fund to be known as "a fund for the
perpetual care of sections or spaces in the cemeteries, now or
hereafter owned or controlled by the City of Charlottesville."

Any owner or other party in interest may deposit with the
director of finance the sum of ten dollars per grave space to
provide for the perpetual care of the space.

Such sums so deposited shall be entered upon the records of the
city to the credit of the above-described fund in the name of the
party paying the same, and shall so stand to the credit of such
account as long as this arrangement may be in effect.

The city shall keep such grave space as shall have been
deposited for in good condition, that is to say, they shall be kept in
good sod and the grass shall be kept in shape, except that the city
shall not be held liable for the deterioration of the stones or
markers caused by erosion.

Should the city, at any time, discontinue the control and
supervision of the several cemeteries, then such fund shall be
transmitted to its successors or returned to the person or estate
paying such sums into the fund. (Code 1959, § 21-9.)

Sec. 21-9. Perpetual care cemetery commission.

There shall be a perpetual care cemetery commission who shall
be custodian of the perpetual care fund. The commission shall be
composed of the mayor, the city treasurer, the director of finance
and the chairman of the finance committee of the city council. It
shall be the duty of the commission to properly invest the fund
and to turn into the treasury, annually, on the last day of the
fiscal year, the income accruing from such fund. (Code 1959, § 2110.)

Sec. 21-10. Depth of graves; care in digging; notice to superintendent.

Each grave shall not be less than five feet in depth. No
interment shall be made which shall disturb the remains of the
dead, or which shall displace or injure any monument or stone
placed over a grave. All persons desiring to have a grave opened
shall notify the superintendent of parks and cemeteries at least
twenty-four hours before the interment and shall designate the
space which is to be used. (Code 1959, § 21-11.)

Sec. 21-11. Charges for grave space and digging graves.

The following charges shall be made for grave spaces in
Oakwood Cemetery: In Divisions H, J, K and L, thirty-five
dollars for each space; in Division G, twenty-five dollars for each
space. All sums so paid shall be deposited in the fund described in
section 21-8.

The following charges shall be made for digging graves:

1. Where the outside case is three feet or less in length $15.00

2. Where the outside case exceeds three feet in length 40.00

Unless a concrete or steel vault is furnished on behalf of a
person to be buried the city shall furnish a concrete box at a cost
of forty dollars. Wooden boxes shall not be permitted.

The above fees or cost shall be payable in advance unless
guaranteed by some responsible person. (Code 1959, § 21-12; 9-2666;
8-17-70.)

Sec. 21-12. Care of graves of war veterans.

The superintendent of parks and cemeteries is directed to take
care of graves of soldiers who served in the War between the
States, the Spanish-American War, the World Wars and the

Korean War, wherever there is a marker or inscription to identify
them, at the expense of the city, where no provision has been
made for their upkeep. (Code 1959, § 21-13.)

Sec. 21-13. Keepers of cemeteries to make weekly reports.

Every keeper or other person or officer in charge of any
cemetery or burial ground within the city shall make a weekly
report to the health officer of the number of bodies buried by him
during the preceding week. (Code 1959, § 21-14.)

Sec. 21-14. Trespassing or destroying property in cemeteries,
parks, etc.[372]

No person shall break, injure or destroy any monument,
gravestone or marker, shrub, plant or tree in the cemeteries or
parks in the city, or any property appertaining thereto, or
unlawfully trespass in any manner on the grounds. (Code 1959, §
21-15.)

CHAPTER 22.

Reserved.

CHAPTER 22.1.

Plumbing, Sewers and Sewage Disposal.[373]

Article I. Administration.

§ 22.1-1. Repealed.

§ 22.1-1.1. Adoption of Plumbing Code.

§ 22.1-2. Repealed.

§ 22.1-2.1. Amendments to Plumbing Code; filling in blanks.

§ 22.1-3. Plumbing inspector—Powers and duties generally; engaging
in business; obstructing inspector.

§ 22.1-4. Same—Duty as to notices and certificates; records and
reports; inspections generally.

§ 22.1-5. Plumbing board.

§ 22.1-6. Qualifications for registration as master plumber.

§ 22.1-7. Bond for master plumbers or persons engaged in plumbing
business.

§ 22.1-8. Qualification for registration as journeyman plumber.

§ 22.1-9. Re-examination of applicants for registration.

§ 22.1-10. Certificates of registration for plumbers.

§ 22.1-11. Plumbing permits to be granted only to master plumbers;
who may do plumbing work.

§ 22.1-12. Certificate of proficiency.

§ 22.1-13. When plumbing permit and inspection required.

§ 22.1-14. Repealed.

Article II. Repealed.

§§ 22.1-15 to 22.1-23. Repealed.

Article III. Repealed.

§§ 22.1-24 to 22.1-31. Repealed.

Article IV. Repealed.

§§ 22.1-32 to 22.1-45. Repealed.

Article V. General Regulations.

§§ 22.1-46 to 22.1-48. Repealed.

§ 22.1-49. Removal of obstructions.

§ 22.1-50. Injuring sewers, manholes, etc.

§§ 22.1-51 to 22.1-56. Repealed.

Article VI. Sewers.

§ 22.1-57. Separate building sewers.

§ 22.1-58. Repealed.

§ 22.1-59. Sewers in relation to water and gas lines.

§§ 22.1-60 to 22.1-64. Repealed.

Article VII. Repealed.

§§ 22.1-65 to 22.1-69. Repealed.

Article VIII. Repealed.

§§ 22.1-70 and 22.1-71. Repealed.

Article IX. Repealed.

§ 22.1-72. Repealed.

Article X. Repealed.

§§ 22.1-73 to 22.1-76.1. Repealed.

Article XI. Repealed.

§§ 22.1-77 to 22.1-81. Repealed.

Article XII. Repealed.

§§ 22.1-82 to 22.1-95. Repealed.

Article XIII. Repealed.

§§ 22.1-96 to 22.1-121. Repealed.

Article XIV. Repealed.

§ 22.1-122. Repealed.

Article XV. Repealed.

§ 22.1-123. Repealed.

Article XVI. Repealed.

§§ 22.1-124 and 22.1-125. Repealed.

Article XVII. Utilities.

§ 22.1-126. Repealed.

§ 22.1-127. Water service larger than five-eighths of an inch meter
and one inch line.

§ 22.1-128. Application, availability, elevation and location of sewer, water
and gas services.

§ 22.1-129. Sewer connections—By whom work to be done; application;
charge; materials.

§ 22.1-130. Same—Outside city.

§ 22.1-131. Reserved.

§ 22.1-132. Same—Applications where city water is not furnished.

§ 22.1-133. Same—Connections to city sewer mains of sewer collector
systems installed by private developers; rights of city.

§ 22.1-134. Sewer charges.

§ 22.1-135. Policy on water, gas and sewer line extensions.

§ 22.1-136. City utility lines.

§ 22.1-136.1. Same—Exceptions—Building between East High Street,
Maple Street and 7th Street and 8th Street, N. W.

§ 22.1-136.2. Same—Same—Church on Rugby Avenue.

§ 22.1-136.3. Adoption of state Plumbing Code.

Article XVIII. Judicial.

§ 22.1-137. Penalty.

Article I. Administration.

Sec. 22.1-1. Repealed by ordinance passed 6-4-73.

Sec. 22.1-1.1. Adoption of Plumbing Code.

Those certain documents known and designated as the BOCA
Basic Plumbing Code, 1970 edition and 1972 Accumulative
Supplement, published and adopted by the Building Officials and
Code Administrators International, Inc., is hereby adopted as the
Plumbing Code of the city for regulating the design and
installation of plumbing systems, including sanitary and storm
drainage, sanitary facilities, water supplies, storm water and
sewage disposal in buildings within the city, provided for the
issuance of permits and collection of fees therefor, and providing
for enforcement thereof. Three copies of such documents shall be
kept on file in the office of clerk of the council for public
reference. (6-4-73, § 1.)

Sec. 22.1-2. Repealed by ordinance passed 6-4-73.

Sec. 22.1-2.1. Amendments to Plumbing Code; filling in
blanks.

The following blanks left in the Plumbing Code adopted in the
preceding section for the insertion of local requirements are
hereby completed as follows:

(a) The blank in section P-308.2 shall read "500 feet."

(b) The blanks in section P-313.3 shall read "one foot, six inches"
for water piping and "one foot" for sewer piping. (6-4-73, § 1.)

Sec. 22.1-3. Plumbing inspector—Powers and duties generally;
engaging in business; obstructing inspector.

There shall be employed a plumbing inspector who shall be
under the direction and control of the superintendent of
inspections in the public works department. The plumbing
inspector shall be charged with the duty of enforcing the

Plumbing Code and other regulations imposed by this chapter and
such other duties as may be assigned to him from time to time.

The plumbing inspector shall not engage in the business of
plumbing, pipe fitting or any other business pertaining thereto, or
be interested, directly or indirectly, in any firm or corporation
engaged in such lines of business during his term of office.

The plumbing inspector or his duly authorized representative is
hereby authorized and empowered to enter upon any building or
premises in the city for purpose of seeing that the provisions of
this chapter and the Plumbing Code are being complied with. No
person shall prevent the plumbing inspector or his duly
authorized representative from entering any building or premises
in the performance of his official duties, or obstruct or hinder him
in the performance of such duties. (10-19-64; 6-4-73, § 2.)

Sec. 22.1-4. Same—Duty as to notices and certificates;
records and reports; inspections generally.

It shall be the duty of the plumbing inspector, under the
direction of the city manager, to sign and issue all notices and
certificates, to keep a daily record of his work, including all
notices and applications received, all violations of this chapter,
and all other matters pertaining thereto, and make monthly
reports to the city manager. He shall inspect all buildings in
course of erection, alteration or repair so often as may be
necessary, and shall see that all plumbing, drainage and sewerage
work is done in accordance with this chapter or other applicable
city ordinances. The plumbing inspector shall promptly condemn
and order the removal of any defective material or any work not
done in accordance with this chapter or other city ordinances.
(10-19-64.)

Sec. 22.1-5. Plumbing board.

There shall be a plumbing board, consisting of the director of
public works, the plumbing inspector and two master plumbers,
appointed by the city manager. The master plumbers shall serve
for terms of two years or until their successors are appointed or
until one or both are reappointed. The plumbing board shall select
its own chairman. Three members of the plumbing board shall

constitute a quorum. Meetings shall be held at the call of the
chairman, or any member of the plumbing board after at least
twenty-four hours notice to each member. The members of the
plumbing board shall serve without pay. The plumbing board
shall examine applicants for registration as master plumbers and
journeyman plumbers as hereinafter provided and shall grant
registration to successful applicants. The plumbing board shall
also from time to time make recommendations to the city council
with respect to changes considered desirable by the plumbing
board in this Code or other ordinances of the city affecting
plumbing. The plumbing board, exclusive of the plumbing
inspector, shall serve as an appeal board to hear and decide any
appeals pertaining to the enforcement of this chapter or to any
decision rendered by the plumbing inspector. (10-19-64; 11-20-67;
3-11-68; 7-3-72.)

Sec. 22.1-6. Qualifications for registration as master
plumber.

(1) It shall be required of anyone desiring to be registered in
the city as a master plumber, to be examined as to their
knowledge of the requirements and regulations governing the
installation of plumbing in the city.

(2) Master plumbers currently registered in places other than
this city, which have a published Plumbing Code and registration
system similar to that of this city, shall be eligible to be examined
for registration in this city.

(3) Journeyman plumbers currently registered in this city for a
period of at least three years, desiring to be registered as master
plumbers, shall be eligible for examination.

(4) A journeyman plumber who has been registered for a
period of at least three years in places other than this city, such
places having a published Plumbing Code and registration system
similar to that of this city, after having been registered in this
city for a period of one year as a journeyman plumber, shall be
eligible to be examined for a master plumber's registration.

(5) A journeyman plumber who has been duly registered in the
city for a period of two years, and having worked in

the city as an apprentice for a period of eight years prior to
obtaining a journeyman registration, shall be eligible for an
examination for a master plumber's registration.

(6) The plumbing board may permit a person who has
worked in the city under the direct supervision of a master
plumber for a period of ten years, and who is currently registered
as a journeyman plumber in the city, to take an examination
for registration as a master plumber.

(7) Any person holding an appropriate engineering degree,
who has worked under the direct supervision of a registered
master plumber for a period of two years may be allowed to
take an examination for registration as a master plumber.

(8) Any person who has successfully completed a course of
instructions in plumbing offered by an accredited vocational-technical
school and who has been currently registered as a
journeyman plumber in this city for two years shall be eligible
for examination for certificate as master plumber. (10-19-64;
7-3-72.)

Sec. 22.1-7. Bond for master plumbers or persons engaged in
plumbing business.

A master plumber, or any person engaged in the plumbing
business, shall furnish bond in the sum of five thousand dollars
to indemnify and save harmless the city, its citizens, residents
and property owners against any and all loss by reason
of his failure to comply with the requirements of this chapter
or from neglect or carelessness in his work. Such bond shall
be renewed annually and placed in the hands of the plumbing
inspector on or before the first day of May of each year.

The increase in the sum of the bond shall apply to bonds required
to be filed on or before May 1, 1973. (10-19-64; 7-3-72.)

Sec. 22.1-8. Qualification for registration as journeyman
plumber.

An applicant for registration as a journeyman plumber shall
have served at least three years as an apprentice plumber in

the city or in a locality with a published Plumbing Code and
registration system similar to that of the city, and shall be
examined as to his knowledge of the practice of the trade of
plumbing, his knowledge of the requirements and regulations
governing the installation of plumbing in the city and his
knowledge of mechanics insofar as they are applied to plumbing
design and construction, and he shall generally demonstrate
to the plumbing board his fitness to properly perform
and execute plumbing work; provided, that any such apprentice
plumber who has successfully completed a course of instructions
in an accredited vocational-technical school shall be
eligible for examination after serving as an apprentice plumber
for two years. (10-19-64; 7-3-72.)

Sec. 22.1-9. Re-examination of applicants for registration.

In case of the failure of an applicant to pass the examination
for a master or journeyman plumber, he shall be eligible
for re-examination six months after such failure; but if he
fails at such re-examination he will be ineligible for another
examination until a further lapse of one year. (10-19-64.)

Sec. 22.1-10. Certificates of registration for plumbers.

Certificates of registration for plumbers shall be issued
for a period of one year only, from May 1 to April 30 of the
next year, and may be renewed without re-examination at the
end of the period. Anyone failing to apply for renewal of registration
for a period of one year after registration has expired
shall not be issued a certificate of registration until
qualified by re-examination.

The plumbing board shall have the authority to revoke any
certificate of registration upon written charges setting forth
that the holder of such certificate is incompetent or guilty of
breach of the provisions of this Code or other ordinances,
rules or regulations relating to sanitary plumbing, or the rules
and regulations adopted by the plumbing board, or for other
cause satisfactory to the plumbing board. However, before

such registration is revoked, the holder thereof shall be given
written notice of such charges and of time and place where
the plumbing board will proceed to hear evidence in regard
thereto, and he shall be entitled to be present at such meeting
and present evidence on his behalf.

The fee for each original certificate of registration shall be
two dollars and each renewal thereof one dollar, which shall
be paid into the city treasury before such registration shall
be effective. (10-19-64.)

Sec. 22.1-11. Plumbing permits to be granted only to master
plumbers; who may do plumbing work.

Plumbing permits shall be issued only to a duly registered
master plumber or to an authorized employee of a business
employing such a master plumber. All permits shall be signed
by a master plumber or on his behalf by an authorized employee.
It shall be the responsibility of each person to keep on
file with the plumbing inspector a list of employees authorized
to sign the master plumber's name for issuance of a permit,
and the plumbing inspector, so long as such employee's name
is listed, may issue a permit to such employee and hold the
master plumber liable for compliance to this chapter for the
job for which the permit was issued.

Only a master plumber, a journeyman plumber or individuals
under the immediate supervision of a master or journeyman
plumber shall be allowed to make any connection
with sewer, drain, soil, waste, vent or water pipe, or make
any alterations or additions to any sewer, drain, soil, waste,
vent or water pipe; provided, that this shall not prevent the
digging of ditches by individuals without the presence of a
master or journeyman plumber on the job.

Journeyman plumbers, who are duly registered as hereinbefore
set forth, performing plumbing work shall be employees
of a master plumber or of a business employing a master
plumber, to whom a permit has been issued. (10-19-64.)

Sec. 22.1-12. Certificate of proficiency.

(a) Application; examination; certificate prerequisite to
license; expiration of certificate issued to representative of
firm or corporation. Every person desiring to enter the field
of plumbing within the jurisdiction of the provisions of this
Code and other ordinances, rules and regulations concerning
plumbing in the city shall give notice of such fact in writing
to the plumbing inspector. Such person shall be a master
plumber or employ a master plumber in good standing at the
time of such notice. After this notice, the plumbing board
shall issue a certificate of proficiency which shall entitle such
person to obtain from the commissioner of revenue a license[374]
to engage in the business of plumbing contractor in the city,
upon payment of the license tax prescribed by law therefor.
Every such certificate issued to a firm or corporation shall be
valid as long as the individual holding a valid master plumber's
registration card, who applied therefor on behalf of such
firm or corporation, is in the employ or actively engaged in the
business of such firm or corporation. In the event such individual
leaves the employ of such firm or corporation or is no
longer actively engaged in such business, such certificate shall
forthwith become null and void and such firm or corporation
shall not be authorized to engage in such business until some
other individual of such firm or corporation conforms to the
provisions of this section.

(b) Nontransferable; duration. Certificates issued under
the provisions of this section shall not be transferable and
shall continue in force as long as such persons are engaged in
the business of a plumbing contractor or as long as such duly
accredited master plumber is employed by or actively engaged
in the business of such firm or corporation.

(c) Notice of change in place of business; surrender of
certificate upon retirement, etc. It shall be the duty of every
person holding such certificate to give immediate written notice

to the plumbing inspector of any change in the place of
business or retirement from business of such person. If such
person retires from business for which a certificate was issued,
such certificate shall immediately be surrendered to the plumbing
inspector.

(d) Certificates previously issued. All certificates heretofore
issued to any person to engage in the business of a plumbing
contractor shall be valid and effectual until the same becomes
null and void as provided in this section.

(e) Investigation of fitness of certificate holders; revocation or
suspension of certificates. The plumbing board may, on its own
motion, and shall, on receipt of complaint, investigate the fitness
of any certified master or journeyman plumber to continue to
hold such certificate. If, after hearing, the board finds the
individual no longer fit to hold the certificate for which he had
previously qualified, the board may revoke or suspend such
certificate under such conditions as it deems warranted by its
findings. (10-19-64; 7-3-72.)

Sec. 22.1-13. When plumbing permit and inspection required.

A plumbing permit and inspection shall be required whenever
the city furnishes an applicant with water to supply plumbing
fixtures; provided, that owners of property outside the city,
desiring to connect to a city water main, shall make written
application therefor to the city manager. If the city manager
approves such application, he shall grant a permit for such
connection provided that the owner executes a contract with the
city agreeing to comply with all city plumbing ordinances.

A plumbing permit shall be required for the installation,
roughing-in or changing of any sewer, waste, vent, trap, or
fixture. The word "fixture" shall be construed to mean each water
closet, sink, bathtub, shower, lavatory, urinal, wash tray, floor
drain, washing machine connection, disposal or any water using
apparatus which is connected to the waste or drainage system
through a trap.

Except for emergency plumbing work, for which a plumbing
permit would be required, all plumbing permits shall be applied
for and issued before the commencement of plumbing work on the

job. It shall be the duty of the master plumber, as soon after the
emergency as is possible, to notify the plumbing inspector of the
emergency work done and to secure a permit therefor. (10-19-64.)

Sec. 22.1-14. Repealed by ordinance passed 6-4-73.

Article II. Repealed.

Secs. 22.1-15 to 22.1-23. Repealed by ordinance passed 6-4-73.

Article III. Repealed.

Secs. 22.1-24 to 22.1-31. Repealed by ordinance passed 6-4-73.

Article IV. Repealed.

Secs. 22.1-32 to 22.1-45. Repealed by ordinance passed 6-4-73.

Article V. General Regulations.

Secs. 22.1-46 to 22.1-48. Repealed by ordinance passed 6-4-73.

Sec. 22.1-49. Removal of obstructions.

In case of any stoppage in a public sewer, the city shall remove
the obstruction. If the stoppage occurs in the sewer between a
house and the city sewer main, the property owner whose
property connects with the public sewer shall remove the
obstruction. If he fails to remove the obstruction within
forty-eight hours after notice from the city manager, the
obstruction may be removed by the city and the cost thereof,
together with twenty per cent thereof, shall be paid by the owner
or occupant. (10-19-64.)

Sec. 22.1-50. Injuring sewers, manholes, etc.

No person, while engaged in the construction of house sewer or
otherwise, shall injure, trim, break or remove any portion of any

main or lateral sewer, "Y", manhole or flush tank, or do any
injury to any house sewer previously laid, and nothing in this
article shall prevent the city or any property owner from
recovering any damages sustained by reason of such injury, by
appropriate civil action or otherwise. (10-19-64.)

Secs. 22.1-51 to 22.1-56. Repealed by ordinance passed 6-4-73.

Article VI. Sewers.[375]

Sec. 22.1-57. Separate building sewers.

Each house sewer from the public sewer in the street to the
building shall be separate and independent of any other house
sewer. All buildings on one lot which cannot be sold separately,
may connect into one sewer connection. In a row of tenements,
each tenement shall have a separate sewer connection into the
public sewer. (10-19-64.)

Sec. 22.1-58. Repealed by ordinance passed 6-4-73.

Sec. 22.1-59. Sewers in relation to water and gas lines.

No sewer line shall be placed in the same service ditch with a
gas line. All sewer service lines shall be laid a minimum distance
of five feet from any water line, such minimum distance to be
applicable throughout the entire length of such lines as they exist
between the street property line and the building which is being
served. (10-19-64; 6-4-73, § 2.)

Secs. 22.1-60 to 22.1-64. Repealed by ordinance passed 6-4-73.

Article VII. Repealed.

Secs. 22.1-65 to 22.1-69. Repealed by ordinance passed 6-4-73.

Article VIII. Repealed.

Secs. 22.1-70 and 22.1-71. Repealed by ordinance passed 6-4-73.

Article IX. Repealed.

Sec. 22.1-72. Repealed by ordinance passed 6-4-73.

Article X. Repealed.

Secs. 22.1-73 to 22.1-76.1. Repealed by ordinance passed 6-4-73.

Article XI. Repealed.

Secs. 22.1-77 to 22.1-81. Repealed by ordinance passed 6-4-73.

Article XII. Repealed.

Secs. 22.1-82 to 22.1-95. Repealed by ordinance passed 6-4-73.

Article XIII. Repealed.

Secs. 22.1-96 to 22.1-121. Repealed by ordinance passed 6-4-73.

Article XIV. Repealed.

Sec. 22.1-122. Repealed by ordinance passed 6-4-73.

Article XV. Repealed.

Sec. 22.1-123. Repealed by ordinance passed 6-4-73.

Article XVI. Repealed.

Secs. 22.1-124 and 22.1-125. Repealed by ordinance passed
6-4-73.

Article XVII. Utilities.

Sec. 22.1-126. Repealed by ordinance passed 6-4-73.

Sec. 22.1-127. Water service larger than five-eighths of an
inch meter and one inch line.

If the applicant for water service desires a meter larger than
five-eighths of an inch and a water line larger than one inch, he
shall be furnished an estimate of the cost of providing such larger
service, including the cost of the meter and repairs to the street,
by the city engineer, and after the payment of this estimate and
approval by the city manager, the city shall install the service and
meter. All such installations from and including the meter to the
main shall be the property of the city and the city shall maintain
such service and meter. (10-19-64.)

Sec. 22.1-128. Application, availability, elevation and
location of sewer, water and gas services.

Applications for utility connections shall be made and the
availability of sewer, water and gas determined at the same time
as the application for building permit. The owner or agent shall
immediately designate on the site the location where he desires
these utilities to enter his property. The city will then proceed
with the installation of service line to the property line. It shall be
the responsibility of the owner to keep a record of the location and
elevation of these services at the property line. The building shall
then be set to conform to these elevations. Where connection to a
city sewer is made by the owner on private property, the
installation shall be made in accordance with the sections of this
chapter relative to sewers, bearing in mind that the owner shall
set the elevation of the building to conform thereto.

No sewer connection to the main line sewer in the street shall
be located at a distance greater than fifteen feet downstream
from the nearest property corner of the lot to be served.

No individual sewer service line shall be installed across private
property for the purpose of serving other lots where it is possible
to extend the main line sewer in the street. (10-19-64.)

Sec. 22.1-129. Sewer connections—By whom work to be done;
application; charge; materials.

All sanitary sewer connections and the extensions of all
lines in the city street shall be done by the city. The cost of making
a sewer connection from the property line to the sewer main shall
be two hundred twenty-five dollars for each connection, provided
the sewer main is located in the street opposite the property to be
served. The cost of renewing sewer service to a building shall be by
estimate prepared by the city engineer, which shall be not less
than two hundred twenty-five dollars minimum for each
connection.

Connections shall be made only upon application in writing on a
form provided by the director of finance, to whom applications
shall be made, and the payment above mentioned shall be made at
the time of application.

All other connections to the city's sewer lines, not in the city
streets, whether inside or outside of the city, shall be made only by
a master plumber, registered in the city, after he has secured a
proper permit.

All connections to mains of the city sewerage system whether
inside or outside of the city, shall be made only by the use of a
terra cotta saddle on the line or a terra cotta wye in the line. Any
portion of the house sewer line within any street or road right of
way shall be terra cotta or cast iron.

In new subdivisions or any portion thereof, the city manager
may, if he deems it to be in the best interest of the city, install
sewer connections at the same time the sewer main or mains are
installed in the new streets and prior to the time that the streets
are paved, provided: (1) The subdivider so requests, (2) the
subdivider gives assurance in writing that the lots will be built

upon within a reasonable time, and (3) the subdivider designates
on a plat the desired location of such connections. The charge for
sewer connections installed under this paragraph shall be one
hundred twenty-five dollars. (10-19-64; 8-17-70; 12-31-73, § 1.)

Sec. 22.1-130. Same—Outside city.

The owners of property outside the city, desiring to connect with
previously existing city sewerage lines, shall make written
application to the city manager. If the city manager approves such
application, he shall grant a permit for such connection, provided
that the owner executes a contract with the city agreeing to
comply with all city sewer and sewage disposal ordinances. (10-1964.)

Sec. 22.1-131. Reserved.

Sec. 22.1-132. Same—Applications where city water is not
furnished.

Applications for sewerage shall be granted only if city water is
furnished to the property for which a sewerage connection is
requested; provided, however, that the city manager may allow a
sewerage connection to serve one or two family homes within the
city limits if city water is not available to the property in question
due to the absence of a water line in the area; provided further,
that upon approval of the city council of the terms and conditions,
sewerage may be provided applicants outside the city limits, who
are not served with city water. He shall also determine the
monthly charges for such connections which charges shall be in
keeping with those set forth in section 22.1-134. (10-19-64;
11-17-69; 8-2-71.)

Sec. 22.1-133. Same—Connections to city sewer mains of
sewer collector systems installed by private
developers; rights of city.

Before a private sewer line may be connected with the city
sewerage system, such line, including the size, location and
construction, shall be inspected and approved by the city manager
or his authorized representative. In consideration of a permit

being granted to connect sewer lines with the city sewerage
system, the city shall have the right to connect other sewers with
such sewer lines without any charge being made by the owner of
the lines to the city or to the owner of any property connected
therewith. (10-19-64.)

Sec. 22.1-134. Sewer charges.

Any person having a connection, directly or indirectly, to the
city sewer system shall pay therefor a monthly charge, based
upon water consumption as follows:

(a) Consumers inside the city:

For first 300 cubic feet of water metered, or fractional part
thereof, the sewer charge shall be . . . . . . . . . . . . . .$2.00; and,

For all water metered in excess of 300 cubic feet, the sewer
charge shall be $3.20 for each 1000 cubic feet or fractional
part thereof.

(b) Consumers outside the city:

For first 300 cubic feet of water metered, or fractional part
thereof, the sewer charge shall be . . . . . . . . . . . . . .$4.00; and,

For all water metered in excess of 300 cubic feet, the sewer
charge shall be $6.40 for each 1000 cubic feet or fractional
part thereof.

(c) Any person having an average monthly consumption of
water in excess of 30,000 cubic feet and not discharging the entire
volume of water used by it into the city's sanitary or storm sewer
system shall be allowed a reduction in the charges imposed
hereunder, provided such person shall install, at his expense, a
meter to record either the water which will, or will not, ultimately
reach the city sewers. The utilities committee of the city council,
may in such instances as it, in its opinion, consider the
installation of such a meter to be impractical, establish a formula
which will be calculated to

require such person to pay the sewer charge only on that part
of the water used by such person which ultimately reaches
the city sewers.

(d) The director of finance shall have the right to disconnect

and cease furnishing water to any customer who is
delinquent in the payment of his sewer charges after the
fifteenth day subsequent to the rendering of a statement. (10-19-64;
12-31-73.)

Sec. 22.1-135. Policy on water, gas and sewer line extensions.

(a) In subdivisions or in dedicated but unaccepted streets
within city. All water, gas and sewer lines in subdivisions or
dedicated but unaccepted streets shall be installed by the city,
after approval by the city council, and the cost thereof divided
equally between the property owner and the city. Such division of
costs to be determined on the basis of an estimate prepared by the
city engineering department prior to the installation of the
utilities, and using pipe of size and quality recommended by the
city, up to and including eight inch water, six inch gas, and eight
inch sewer. If pipe of greater size than the foregoing are required
for future extensions and growth, the extra cost shall be absorbed
by the city.

In lieu of making the cash deposit as required above, the
applicant, at his option, shall be allowed to deposit one-half
of the required amount in cash and to post a performance bond,
properly executed with corporate surety approved by the city
manager, for the remaining one-half of the required amount.

The owner of the subdivision or applicant on unaccepted street
shall be required to deposit with the city the total cost of the
utility lines, exclusive of the extra cost for the larger lines, before
any portion of the lines are installed. One-half of the amount
deposited shall be returned to the subdivider as soon as he has
completed construction of the streets within the subdivision in a
manner acceptable by the city council.

(b) In dedicated and accepted streets.

(1) Water and Gas. Each applicant for a residential water or
gas service requiring an extension of the main line in a street
heretofore accepted and maintained by the city shall be allowed a
seventy-five foot extension free of charge. Any extension beyond
the allowed seventy-five feet shall be installed by the city and the
total estimated cost thereof shall be paid for by the applicant
prior to the installation of the line. The estimated cost of the
extension shall be based on using two inch pipe, even though the

city chooses to install a larger size pipe. In addition to the
foregoing, the applicant shall be required to pay the usual
connection charge.

(2) Sewer. Each applicant for a sewer connection requiring
an extension of the main line shall pay in advance one-half of the
estimated cost of the total extension if the extension is to serve
more than one building or potential building site. If the proposed
extension can serve only one building or site, the total estimated
cost of the line shall be paid for in advance by the applicant. In
addition to the foregoing, the applicant shall be required to pay
the usual sewer connection charge. Estimates for sewer line
extensions shall be based on using pipe not greater than eight
inches in size. (10-19-64.)

Sec. 22.1-136. City utility lines.

(a) Buildings in relation to sewer, water and gas
mains. Buildings shall not be constructed within ten feet of any
sewer, water or gas main.

(b) Changing of depth of cover over sewer, water and gas
mains. The depth of cover over sewer, water or gas mains, shall
not be changed without written consent of the city engineer.
(10-19-64.)

Sec. 22.1-136.1 Same—Exceptions—Building between East
High Street, Maple Street and 7th Street
and 8th Street, N. W.

Notwithstanding the provisions of section 22.1-136, a building
to be constructed on a tract of land lying between East High
Street, Maple Street and 7th Street and 8th Street, N. W. may be
located over and less than ten feet from the city sanitary and
storm sewer lines; provided, such construction is performed
according to plans approved by the city engineering department
and the city is provided perpetual ingress and egress to such lines.
(12-28-65.)

Sec. 22.1-136.2. Same—Same—Church on Rugby Avenue.

Notwithstanding the provisions of section 22.1-136, a church to
be constructed on Lot A of the Hardy C. Dillard property on
Rugby Avenue as shown on a plat of B. Aubrey Huffman, dated
August 6, 1964, recorded in city Deed Book

259, page 69, may be located less than ten feet from the
existing city utility lines which are located within the easement
shown on such plat. The city shall have perpetual ingress
and egress to such lines as may be necessary for the
purpose of maintenance, repair or replacement of such lines.
(5-16-66.)

Sec. 22.1-136.3. Adoption of state Plumbing Code.

Any of the standards and regulations contained in the state
Plumbing Code of the Commonwealth of Virginia and amendments
thereto, including the 1962 amendments, which are not
otherwise covered by the various sections of this chapter are
hereby adopted as a part of this chapter and shall be enforced
as if set forth herein. (11-20-67; 8-1-69.)

Article XVIII. Judicial.

Sec. 22.1-137. Penalty.

Any person who violates, disobeys, omits, neglects or refuses
to comply with, or who resists enforcement of any of
the provisions of this chapter shall, upon conviction, be punished
as provided in section 1-5. Each day after the first during
which a violation shall continue shall constitute a separate
violation. In addition, any such violation shall be reported in
writing to the plumbing board for determination of action under
section 22.1-10. (10-19-64.)

CHAPTER 23.

Police.[376]

Article I. In General.

§ 23-1. Appointment of officers and members of force.

§ 23-2. Under control of city manager.

§ 23-3. Powers of policeman; oath of office.

§ 23-4. Special police; filling vacancies; examinations.

§ 23-5. Police to be uniformed.

§ 23-6. Annual furloughs.

§ 23-7. Reserved.

§ 23-8. Responding to call of city officials.

§ 23-9. Issuance of summons by officers; violating promise to appear.

§ 23-10. Giving name and address to officers; false name or address.

Article II. Chief and Lieutenants.

§ 23-11. Chief—Powers and duties generally.

§ 23-12. Same—Records and reports.

§ 23-13. Same—Suspending subordinates from duty.

§ 23-14. Same—Furnishing information to city manager.

§ 23-15. Same—Absence or sickness.

§ 23-16. Lieutenants—Duties generally.

§ 23-17. Same—Visiting beats.

§ 23-18. Same—Inspecting policemen at roll call.

§ 23-19. Power of chief or lieutenants to accept bail.

Article III. Policemen.

§ 23-20. Duties generally.

§ 23-21. Attendance, obedience to orders, etc.

§ 23-22. Absence.

§ 23-23. Dress on duty, badge, etc.

§ 23-24. Presents, fees or rewards.

§ 23-25. Property supposed to be stolen or lost; abandoned property.

§ 23-26. Vigilance to prevent crime.

§ 23-27. Inspection of doors, windows, etc.

§ 23-28. Acquaintance with streets, property and persons.

§ 23-29. Watching conduct of persons of bad character, etc.

§ 23-30. Conduct toward offenders and prisoners.

§ 23-31. Use of intoxicants; entering certain houses.

§ 23-32. Deportment on duty.

§ 23-33. Taking notice of vehicles at night.

§ 23-34. Leaving beat.

§ 23-35. Giving name and number.

§ 23-36. Knowledge of rules and regulations.

§ 23-37. Information to be reported.

§ 23-38. Duty in plain clothes.

§ 23-39. Reporting violation of revenue laws.

§ 23-40. Hours of duty.

§ 23-41. Interest in outside business.

§ 23-42. Accountable for equipment.

§ 23-43. Political activities.

Article IV. Automatic Communication and Alarm Devices.

§ 23-44. Definitions.

§ 23-45. Consent of city prerequisite to installation—Devices connected
to lines, etc., assigned to city.

§ 23-46. Same—Devices which register alarms at city offices or police
department.

§ 23-47. Conditions for issuance of consent.

§ 23-48. Notice of withdrawal of consent; disconnection of devices.

Article I. In General.

Sec. 23-1. Appointment of officers and members of force.

The city manager shall appoint a chief of police, such appointment
to be approved by the city council. The city manager,
with the advice of the chief of police, shall appoint an
assistant chief of police and such other officers, detectives,
desk sergeants and patrolmen as may be deemed necessary.
(Code 1959, § 23-1.)

Sec. 23-2. Under control of city manager.

The police force shall be under the control of the city manager
for the purpose of enforcing peace and order and for the
execution of the laws of the state, this Code and other ordinances
of the city and the performance of such other duties
as the city council may prescribe. (Code 1959, § 23-2.)

Sec. 23-3. Powers of policeman; oath of office.[377]

A policeman shall have all the powers of any conservator
of the peace, and of a constable in criminal cases, and all other
powers which, under the laws of the city, may enable him to
discharge the duties of his office. Every policeman, before
entering upon the discharge of his duties as such, shall take
the oath of office prescribed by the laws of the state, a certificate
of which shall be filed with the chief of police. (Code
1959, § 23-3.)

Sec. 23-4. Special police; filling vacancies; examinations.

The city manager may, in cases of emergency, appoint as
many special policemen as the public safety may require, and
may appoint policemen to fill such vacancies as may occur.

All appointments will be made subject to physical examination
and examination as to knowledge of the laws, ordinances
and regulations.

The examination as to laws, ordinances and regulations will
be made by the chief of police.

The physical examination is to be made by the city health
officer or, in his absence, by such other physician as the city
manager may direct. (Code 1959, § 23-4.)

Sec. 23-5. Police to be uniformed.

All regular policemen, including the chief and lieutenants,
except when on plainclothes duty, shall wear what is known
as a "policeman's uniform," as prescribed by the city council
and furnished by the city. (Code 1959, § 23-5.)

Sec. 23-6. Annual furloughs.

The members of the regular police force who have been
members of the force for twelve months shall be allowed an
annual furlough of two weeks with pay, the time of granting
such furlough to be arranged by the chief of police in connection
with the city manager so that the public interest is subserved.
(Code 1959, § 23-6.)

Sec. 23-7. Reserved.

Sec. 23-8. Responding to call of city officials.

It shall be the duty of the police department to respond to
the call of the city manager and other city officials for any
service in the prosecution of their duties. (Code 1959, § 23-8.)

Sec. 23-9. Issuance of summons by officers; violating promise
to appear.

A police officer arresting any person for a misdemeanor
may, in his discretion, instead of bringing such person to the
station house, take the name and address of such person and
deliver to the person a summons in writing to appear, at a
time to be specified in such summons, before the judge of the
municipal court and, upon taking from such person a promise
in writing to appear at such time and place, shall release him
from custody.

Any person refusing to give such written promise to appear
shall be taken to the station house. Any person who wilfully
violates such a written promise to appear shall be punished
as provided in section 1-5. (Code 1959, § 23-9.)

Sec. 23-10. Giving name and address to officers; false name
or address.

Any person who is arrested or summoned to appear before
the judge of the municipal court shall, upon request of any
police officer, disclose his name and address. No person shall,
in such case, give a false name or address. (Code 1959, §
23-10.)

Article II. Chief and Lieutenants.

Sec. 23-11. Chief—Powers and duties generally.[378]

The chief of police shall be the chief executive of the police
department, but he shall always be subject to the orders and
regulations of the city manager and the city council. He shall
be under the control of the city manager and the city council
for the purpose of enforcing peace and order and executing
the laws of the state and ordinances of the city, and it shall
be the duty of the police force to respect and obey orders of
the chief not in conflict with this chapter. It shall be his duty
at all times, day or night, to preserve the public peace, prevent
the commission of crimes and arrest offenders; to protect
the rights of persons and property; to regard the public
health; to report nuisances in the streets and other places; to
provide a proper police force at fires and to protect the firemen
and property thereat; to discharge such other duties as
may be required of him by the city council. When charges are
filed in his office against any member of the police force, or
when he shall be informed of any gross neglect of duty, he
shall immediately transmit the same to the city manager, together
with the names of the witnesses to be subpoenaed, that
the charges may be investigated by council.

He shall be responsible for the good order of the city and

for the general good conduct of the men and officers of the
police force. He shall pay frequent visits at uncertain hours
to various portions of the city and thus be able to supervise
the conduct of all subordinates.

He shall cause to be served all processes directed to him
by a justice of the peace and the judge of the municipal court
and all orders of the city manager.

In addition to his other duties, the chief or his designated
representative shall attend all meetings of the council and act
as sergeant-at-arms and doorkeeper. (Code 1959, § 23-11.)

Sec. 23-12. Same—Records and reports.

The chief of police shall keep records showing the name of
every officer and man connected with the police force, the district
in which stationed from day to day, the place of residence,
the date of appointment and time of removal and the
happening of any vacancies, also reports of officers under his
command.

He shall make a report in writing to the members of the
city council and the city manager daily, showing the condition
of the police force, the number of times each policeman has
been absent and the cause of such absence, the condition of
the station house, the number of arrests and the causes of
same and the number of ordinance violations reported. He
shall keep a record, compiled by himself and the first and second
lieutenants, of the work of each policeman, showing marks
of merit or demerit, and shall be prepared to explain each
mark of demerit that he recorded and what action has been
taken by him, with reference to such mark of demerit, with
the policeman so demerited.

He shall make a daily report to the members of the city
council and the city manager, showing the name of the person,
the offense with which he is charged, the officer by whom arrested
and the magistrate before whom tried and the penalty
given, both fines and jail sentences.

On the first day of each month, or as soon thereafter as
practicable, he shall furnish the city manager with a consolidated
written report of the activities of his department for the
previous month.

Forms for the above reports shall be prepared and furnished
by the city manager. (Code 1959, § 23-12.)

Sec. 23-13. Same—Suspending subordinates from duty.

For sleeping on his beat, any neglect of duty or any violation
of rules and regulations appearing in this chapter, the
chief of police may suspend from duty any subordinate until
the offense can be reported to the city manager, with the cause
and facts on which the suspension is ordered. (Code 1959, §
23-13.)

Sec. 23-14. Same—Furnishing information to city manager.

It shall be the duty of the chief of police forthwith to communicate
to the city manager any information from the daily
reports of patrolmen or others in regard to streets, lights and
other matters which will be of use to the city manager in the
administration of his office. (Code 1959, § 23-14.)

Sec. 23-15. Same—Absence or sickness.

The chief of police shall not leave the city unless he shall
first receive permission to do so from the city manager. When
such permission is granted, or in case of his sickness, he shall
designate an officer as acting chief of police during his absence.
The foregoing provisions of this section shall not apply
when it may become necessary to leave the city hurriedly on
business directly connected with the police department. (Code
1959, § 23-15.)

Sec. 23-16. Lieutenant—Duties generally.

The lieutenant of police must obey promptly all orders of
the chief and note every case of misconduct or neglect of duty
on the part of any policemen and report the same to the chief.
(Code 1959, § 23-16.)

Sec. 23-17. Same—Visiting beats.

The lieutenants shall, if possible, see each man of his beat
without calling, but should they not be able to find him, the
call shall be given in the center and on each extremity of the
beat, and if unable then to find the man they are in search of,
they shall report to the chief the name of the man and the
cause of absence, if ascertainable. (Code 1959, § 23-17.)

Sec. 23-18. Same—Inspecting policemen at roll call.

The lieutenants, at roll call, shall inspect each and every
policeman and be particular in noting that the dress is clean
and the badge in the proper place, that they have their batons
and pistols in proper order and that they are properly and
sufficiently attired and fit, and the lieutenants shall report to
the chief. (Code 1959, § 23-18.)

Sec. 23-19. Power of chief or lieutenants to accept bail.

The chief of police or his lieutenants shall have the power
to bail any person arrested and charged with a misdemeanor,
to appear at the next term of the municipal court, provided
sufficient security is furnished. (Code 1959, § 23-19.)

Article III. Policemen.

Sec. 23-20. Duties generally.

Each member of the police force shall devote his whole time
and attention to the business of the police department, and
although certain hours are allotted to the respective members
for the ordinary performance of duty, they shall at all times
be prepared to act immediately on notice that their services
are required by the proper officer or at the call of any citizen.
(Code 1959, § 23-20.)

Sec. 23-21. Attendance, obedience to orders, etc.

Punctual attendance, prompt obedience to orders and conformity
to the rules and regulations contained in this chapter
will be rigidly enforced. (Code 1959, § 23-21.)

Sec. 23-22. Absence.

No member of the police force shall leave the city or be
absent from duty without permission of the chief. (Code
1959, § 23-22.)

Sec. 23-23. Dress on duty, badge, etc.

Every policeman, when entering on duty, must be neat in
person, having his badge, clothes and shoes clean and his

dress in conformity with the regulations. (Code 1959, § 2323.)

Sec. 23-24. Presents, fees or rewards.[379]

No member of the police force shall receive any present, fee
or reward for his service as policeman, other than the regular
salary, except by consent of the mayor by the city council. This
provision shall not apply to rewards offered for arrests of
criminals or return of property, except rewards offered by the
city. (Code 1959, § 23-24.)

Sec. 23-25. Property supposed to be stolen or lost; abandoned
property.

Property coming into possession of a policeman, supposed
to be stolen or lost, shall be given to the officer in charge of
the station house, accompanied by a report to the chief, stating
all the circumstances in connection therewith.

In the event any personal property be found by any policeman
abandoned on the streets or public places in the city, such
property shall be brought to the station house and an effort
to ascertain and locate the owner of such property shall be
made. If, after sixty days shall have elapsed from the time
such property is brought to the station house, the ownership
thereof has not been ascertained, the chief of police shall proceed
to dispose of such property by sale at public auction, by
negotiated sale or by destruction of property inherently dangerous
or having no value. The net proceeds of such sales
shall be paid to the director of finance. (Code 1959, § 23-25;
2-22-72.)

Sec. 23-26. Vigilance to prevent crime.

Every member of the police force shall endeavor, by his
constant vigilance, to prevent the perpetration of crime within
his beat. If offenses against persons and property become
frequent occurrences along his beat, they will be deemed sufficient
proof of his negligence and inefficiency to warrant a
suspension or dismissal. (Code 1959, § 23-26.)

Sec. 23-27. Inspection of doors, windows, etc.

Every policeman shall inspect every part of his beat during
his tour of duty and carefully examine all doors and low
windows of business houses to see that they are properly
fastened. (Code 1959, § 23-27.)

Sec. 23-28. Acquaintance with streets, property and persons.

Every policeman shall thoroughly acquaint himself with all
streets, courts and buildings within his beat and, so far as
practicable, seek to recognize all persons residing therein.
(Code 1959, § 23-28.)

Sec. 23-29. Watching conduct of persons of bad character, etc.

Every policeman shall strictly watch the conduct of all persons
of bad character in such manner that it will not be evident
to them that they are being watched, fixing in his mind
such impressions as will enable him to recognize persons
whom he frequently meets in the streets at night, and to the
utmost of his power prevent the commission of assaults,
breaches of peace and other crimes about to be committed.
(Code 1959, § 23-29.)

Sec. 23-30. Conduct toward offenders and prisoners.

When it becomes necessary to take a person into custody,
the policeman shall do so in as easy and quiet a manner as
possible, using only sufficient force to secure the prisoner, and
in no instance shall he strike a prisoner, except in self-defense.
He shall see that the prisoner is properly dealt with and cared
for until he is taken from his custody according to law and
any unnecessary deprivations and abuses of prisoners will
meet with reproof and punishment. The officer who may be
in charge of the station house shall see to it that prisoners
while there receive proper care and, should a prisoner need
medical attention, he shall immediately call a doctor. (Code
1959, § 23-30.)

Sec. 23-31. Use of intoxicants; entering certain houses.

No policeman shall take a drink of any kind of intoxicating
liquors while on duty, nor shall any policeman enter any drinking

saloon or house of ill fame, except in the strict performance
of his official duty. (Code 1959, § 23-31.)

Sec. 23-32. Deportment on duty.

Each member of the police force shall be quiet, civil, courteous
and orderly in his deportment and conduct, he shall at
all times refrain from violent or profane language and in the
performance of his duty he must maintain full command of
his temper. When on a tour of service, policemen shall not,
except when on duty together, walk or talk with each other
or with any other person whom they meet on any part of their
beats, unless it be to receive or communicate information appertaining
to their duties or to answer civilly, but briefly,
questions of strangers or citizens requiring their assistance
or direction. They shall not under any circumstance, unless in
discharge of their duties, enter any house, sit down, stop at
the corners of the streets (for a longer period than ten minutes),
or in any manner linger along their routes, but are expected
constantly to patrol their beats. (Code 1959, § 23-32.)

Sec. 23-33. Taking notice of vehicles at night.

Policemen shall take particular notice of all automobiles
and other vehicles at night and all persons who, under any
circumstances, excite suspicion. (Code 1959, § 23-33.)

Sec. 23-34. Leaving beat.

No policeman shall leave the beat assigned to him, unless
to answer a call from an adjoining beat, to convey a prisoner
to the station house or by permission of the chief or lieutenant.
(Code 1959, § 23-34.)

Sec. 23-35. Giving name and number.

Every policeman shall give his name and number to all persons
who may inquire. (Code 1959, § 23-35.)

Sec. 23-36. Knowledge of rules and regulations.

All policemen shall acquire a full knowledge of the requirements
and the rules and regulations provided for the government
of the police force and of this Code and other ordinances

of the city, in order to understand and properly perform their
duties. (Code 1959, § 23-36.)

Sec. 23-37. Information to be reported.

Every policeman shall keep a diary or book, in which shall
be noted by him, for report at the station house: First, doors
or entrances of all stores or business houses that he may find
open during the nighttime; second, all nuisances on his beat
that should be removed promptly; third, all violations of this
Code and other city ordinances, the names of offenders, witnesses,
etc.; fourth, all street electric lights not burning, the
length of time out, if possible, and their location. All such
information they shall report daily in writing to the officer in
charge at the station house. (Code 1959, § 23-37.)

Sec. 23-38. Duty in plain clothes.

Policemen, when on duty in plain clothes, shall make known
to any person interfering with them in the execution of their
duty that they are policemen; they shall exercise their discretion
as to the time of making such communication so as
not to interfere with the object they have in view, so that
if assaulted or interfered with the assailant cannot plead
ignorance of the officer's real character. (Code 1959, § 23-38.)

Sec. 23-39. Reporting violation of revenue laws.

Policemen shall aid the commissioner of revenue, as far as
possible, in detecting parties violating the revenue laws. (Code
1959, § 23-39.)

Sec. 23-40. Hours of duty.

The hours of active duty per day shall be such as may be
fixed by the city council. The chief, under the direction of the
city manager, shall fix the daily hours and location of duty of
the members of the police force so as to give the best police
protection. (Code 1959, § 23-40.)

Sec. 23-41. Interest in outside business.

No member of the police department shall have any interest
in any other outside business which may come in conflict with
his duty as a public officer of the city. (Code 1959, § 23-41.)

Sec. 23-42. Accountable for equipment.

All equipment issued by the city to the police department
shall be charged to them, and each member shall be held accountable
for the safe return of whatever is furnished him.
(Code 1959, § 23-42.)

Sec. 23-43. Political activities.

Every policeman shall exercise the right of a citizen unquestioned
at all elections but no member of the police department
shall take an active part therein or in the political advancement
of any party, clique, combination or individual.
(Code 1959, § 23-43.)

Article IV. Automatic Communication
and Alarm Devices.

Sec. 23-44. Definitions.

For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:

Automatic alarm device. Any device or combination of devices
that will upon activation either mechanically, electrically,
automatically or by any other means, cause any audible, visible
or other signal to be initiated at any office of the city or
its police department.

Automatic communication device. Any device or combination
of devices that will, upon activation, either mechanically,
electrically, automatically or by any other means, initiate the
intrastate calling, dialing or connection to a number, line or
instrument.

Telephone number. Such term includes any additional numbers
assigned by a public utility company engaged in the business
of providing communications services and facilities to be
used by means of a rotary or other system to connect with the
subscriber to the primary number when such number is in use.
(8-21-72.)

Sec. 23-45. Consent of city prerequisites to installation—Devices
connected to lines, etc., assigned to city.

It shall be unlawful for any person to use or operate, cause
to be used or operated, arrange, adjust, program or otherwise
provide or install any automatic communication device which
shall initiate the intrastate calling, dialing or connection to any
telephone number, line or instrument assigned to the city or
its police department without the city's prior written consent.
(8-21-72.)

Sec. 23-46. Same—Devices which register alarms at city offices
or police department.

It shall be unlawful for any person to use or operate, cause
to be used or operated, arrange, adjust, program or otherwise
provide or install any automatic alarm device which shall register
any type of alarm at any office of the city or its police
department without the city's prior written consent. (8-21-72.)

Sec. 23-47. Conditions for issuance of consent.

Written consent may be issued by the chief of police upon
his determination that the system under consideration will
benefit the more efficient operation of the police department,
but under no circumstances will any automatic communication
device or other automatic alarm device be considered for
any purpose other than to alert the police department to the
commission of an offense. (8-21-72.)

Sec. 23-48. Notice of withdrawal of consent; disconnection of
devices.

The city may withdraw its consent by written notice to the
person to whom the consent was given and such person shall
have the devices disconnected within seven days of receipt of
such written notice of withdrawal. (8-21-72.)

CHAPTER 24.

Prison and Prisoners.[380]

§ 24-1. City jail established.

§ 24-2. Sheriff to have supervision and control of jail.

§ 24-3. Duty to receive and retain persons committed to jail.

§ 24-4. Committing persons to jail; release from custody.

§ 24-5. Purchases for jail.

§ 24-6. Health officer to inspect jail; reports to city manager.

§ 24-7. Sick prisoners.

§ 24-8. Credit for good conduct; credit on fine and costs.

§ 24-9. Limitation of confinement for failure to pay fine and costs.

§ 24-10. Work force—Establishment; control of city manager.

§ 24-11. Same—Persons required to work.

§ 24-12. Same—Foreman and assistant foreman—Appointment.

§ 24-13. Same—Same—Police powers; removal from office.

§ 24-14. Same—Taking out prisoners to labor.

§ 24-15. Same—Prisoners to obey orders and work each day unless
excused.

Sec. 24-1. City jail established.

A city jail shall be established for the confinement of all
persons who may be committed or sentenced thereto. (Code
1959, § 24-1.)

Sec. 24-2. Sheriff to have supervision and control of jail.

The city sheriff shall have supervision and control of the
city jail and the custody of all prisoners confined therein, as
provided by sections 14-95 and 53-187 of the Code of Virginia.
(Code 1959, § 24-2.)

Sec. 24-3. Duty to receive and retain persons committed to
jail.[381]

All persons who may be lawfully committed to the city jail
by the judge of any court shall be received by the city sheriff

in such jail and shall be there retained until released by proper
order. (Code 1959, § 24-3.)

Sec. 24-4. Committing persons to jail; release from custody.[382]

No person shall be committed to the city jail except upon
written order of the municipal judge or the chief of police, nor
shall any person committed to the city jail be released therefrom
except upon a like order. (Code 1959, § 24-4.)

Sec. 24-5. Purchases for jail.[383]

The city purchasing agent shall make all purchases of every
kind and character necessary for the operation of the jail, and
the costs of the same shall be paid by the city. (Code 1959, §
24-5.)

Sec. 24-6. Health officer to inspect jail; reports to city manager.[384]

The health officer shall at least once a month inspect the jail
and make a report of the same to the city manager. (Code
1959, § 24-6.)

Sec. 24-7. Sick prisoners.

When a prisoner claims to be sick the city sergeant shall
promptly notify the physician of the jail, who shall visit such
prisoner during the day in which he is so notified. If, in his
opinion, the prisoner is unfit for work, he shall so certify to
the city manager and such physician shall continue to visit
the prisoner daily so long as he may require medical attention.
(Code 1959, § 24-7.)

Sec. 24-8. Credit for good conduct; credit on fine and costs.

Prisoners shall be allowed a credit upon their term of imprisonment
at the rate of ten days per month for good conduct
when such term is on account of sentence imposed.

Where a prisoner is held in confinement for failure to pay
a fine and costs, he shall be allowed a credit on such fine and
costs of seventy-five cents per day, but nothing herein contained
shall prevent the city from collecting such fine and
costs or any part thereof by civil proceedings; provided, that
in the event of the wilful failure of any prisoner to work, the
credit allowed shall be twenty-five cents per day.

No credit shall be allowed on account of fine or costs until
after the service of any jail sentence imposed shall have been
completed. (Code 1959, § 24-8.)

Sec. 24-9. Limitation of confinement for failure to pay fine
and costs.[385]

If any person is confined in jail until his fine and costs, or
costs where there is no fine, are paid, such confinement shall
not exceed five days when the fine and costs, or costs where
there is no fine, are less than five dollars, when less than ten
dollars it shall not exceed ten days, when less than twenty-five
dollars it shall not exceed fifteen days, when less than
fifty dollars it shall not exceed thirty days, and in no case
shall the confinement exceed two months. (Code 1959, § 24-9.)

Sec. 24-10. Work force[386] —Establishment; control of city manager.

A prisoners' work force shall be established in the city and
shall be under the direction and control of the city manager,
subject to such rules as may be prescribed by the council.
The city manager shall direct such work force or part thereof
to be worked at such time and places as he may designate or
as necessity may require. (Code 1959, § 24-10.)

Sec. 24-11. Same—Persons required to work.

Any male person over the age of eighteen years convicted
of a misdemeanor, or any offense, and sentenced to confinement
in jail as a punishment, or part punishment, or who is
imprisoned for failure to pay any fine or penalty, imposed
upon or assessed against him upon such conviction or for any
violation of this Code or any other ordinance of this city which
is punishable by fine and imprisonment or for failure to give
a bond required of him, or who is awaiting delivery to the state
penitentiary or road force, shall be required to work on the
prisoners' work force unless excused for cause by the city
manager. (Code 1959, § 24-11.)

Sec. 24-12. Same—Foreman and assistant foreman—Appointment.

The city manager shall appoint a competent and efficient
person as foreman of the work force and when necessary shall
appoint another as assistant foreman. (Code 1959, § 24-12.)

Sec. 24-13. Same—Same—Police powers; removal from office.

The foreman and assistant foreman of the work force are
hereby vested with all the powers and responsibilities of
policemen. They shall be under the control of the city manager
and may be suspended or removed from office by the city
manager, without formal proceedings, for any cause deemed
sufficient by him. (Code 1959, § 24-13.)

Sec. 24-14. Same—Taking out prisoners to labor.

The foreman of the work force shall take out such prisoners
as may from time to time be delivered to him by the city sergeant
and shall require them to perform such labor as may
previously have been designated by the city manager. The
foreman shall treat such prisoners humanely, using at the
same time, however, all such measures as may be necessary
to secure diligent service on the part of the prisoners and to
prevent their escape. (Code 1959, § 24-14.)

Sec. 24-15. Same—Prisoners to obey orders and work each
day unless excused.

Each prisoner who is assigned to the work force shall obey
each and every proper order of the foreman or assistant foreman,
shall perform such work as is required of him by the
officers in charge of such force and shall work each day the
force is out unless excused by sickness or by the city manager.
(Code 1959, § 24-15.)

CHAPTER 25.

Public Welfare.

Article I. In General.

§ 25-1. Director of public welfare designated; powers and duties generally.

§ 25-2. Superintendent of public welfare—Appointment; compensation.

§ 25-3. Same—Powers and duties generally.

§ 25-4. Same—Remanding cases to district home.

§ 25-5. Same—Accounting for city funds; incurring indebtedness beyond
appropriation.

§ 25-6. Same—Reports.

§ 25-7. Public welfare employees.

§ 25-8. Representative on district home board.

§ 25-9. Providing assistance to families unable to support themselves.

§ 25-10. Removal of poor to last place of settlement.

§ 25-11. Aid to destitute nonresidents.

§ 25-12. Burial of paupers.

§ 25-13. Audit and inventory in public welfare department.

§ 25-14. Welfare advisory board.

Article II. Rental Relief for the Elderly.

§ 25-15. Definitions.

§ 25-16. Purpose of article; effective date.

§ 25-17. Qualifications for grant.

§ 25-18. Application for grant; investigation of affidavit.

§ 25-19. Calculation of amount of grant.

§ 25-20. Penalty for violation of article.

§ 25-21. Severability.

Article I. In General.

Sec. 25-1. Director of public welfare designated; powers and
duties generally.[387]

The department of public welfare shall be under the control
and supervision of the city manager, who is hereby designated
as director of public welfare. Such director shall exercise
all powers and perform all duties conferred upon and
required of local welfare boards by state law, ordinance or
otherwise. (Code 1959, § 25-1.)

Sec. 25-2. Superintendent of public welfare[388] —Appointment;
compensation.

The director of public welfare, subject to the approval of
the city council, shall appoint a superintendent of public welfare
who shall hold office at the pleasure of the director of
public welfare and shall receive such compensation as may be
fixed by the city council. (Code 1959, § 25-2.)

Sec. 25-3. Same—Powers and duties generally.

The superintendent of public welfare, subject to the approval
of the director of public welfare, shall have control
and direction of the public charities of the city, and shall see
that those persons now receiving or making application to

receive assistance from the poor fund of the city are worthy
cases. He shall perform such other duties as are or may
hereafter be prescribed by state law, the city council or the
city manager. (Code 1959, § 25-3.)

Sec. 25-4. Same—Remanding cases to district home.

The superintendent of public welfare shall remand such
cases to the district home as he may deem proper; provided,
that each such case shall first be approved by the city member
of the district home board. (Code 1959, § 25-4.)

Sec. 25-5. Same—Accounting for city funds; incurring indebtedness
beyond appropriation.

The superintendent of public welfare shall be responsible
and accountable to the city for the proper expenditure and
account of all funds appropriated by the city and no indebtedness
shall be incurred by him beyond the amount appropriated
by the council. (Code 1959, § 25-5.)

Sec. 25-6. Same—Reports.

The superintendent of public welfare shall cause to be made
on or before the tenth day of each month, to the director of
public welfare, a written report of the activities of his department
for the preceding month, on forms prescribed by
the director of public welfare. The superintendent shall also
furnish from time to time such additional reports and information
as may be required by the council or the director of
public welfare. (Code 1959, § 25-6.)

Sec. 25-7. Public welfare employees.

The director of public welfare shall appoint such welfare
employees as may be necessary for the operation of the welfare
department. Such employees shall hold office at the
pleasure of the director of public welfare and shall receive
such compensation as may be fixed by him and approved by
the state welfare department. (Code 1959, § 25-7.)

Sec. 25-8. Representative on district home board.[389]

The city council shall elect, for a term of two years, a representative
who shall be a member of the district home board.
The compensation of the representative shall be as fixed by
state law. (Code 1959, § 25-8.)

Sec. 25-9. Providing assistance to families unable to support
themselves.[390]

It shall be the duty of the superintendent of public welfare,

on application by or on behalf of any person or family unable
to support himself or themselves, or if he or they have a legal
settlement in the city, to provide for or assist such person
or family. No person shall be deemed to have a legal settlement
in the city until he has resided therein for one year nor
if he has migrated into the state within three years unless, at
the time of migrating, he was able to maintain himself. (Code
1959, § 25-9.)

Sec. 25-10. Removal of poor to last place of settlement.[391]

When it shall come to the knowledge of the superintendent
of public welfare that any person has come into the city who
is likely to become chargeable thereto, it shall be his duty to
report such cases to the chief of police for removal to the district
or county where such person was last settled. (Code
1959, § 25-10.)

Sec. 25-11. Aid to destitute nonresidents.

In cases in which a person who has not lived in the city for
a year is in the city, sick and destitute, or not in a condition
to provide for himself, he may be aided from the poor fund
until recovery or in a condition to provide for himself. The
superintendent of public welfare may discontinue the aid at
any time. If a person is in the city, sick and destitute, or if
any female or children, unable to provide for themselves, are
in the city and likely to become chargeable to the city, the
superintendent, with the consent of the director of public welfare,
may send such persons to their homes and the expense
of so doing shall be paid out of the poor fund. (Code 1959, §
25-11.)

Sec. 25-12. Burial of paupers.[392]

Any person dying in the city may be buried at the expense
of the city, upon an order from the superintendent of public

welfare, when, in the opinion of the superintendent, the estate
of the deceased is not sufficient to pay the expenses of burial.
Such burial shall in all cases be in the pauper section of the
cemetery. The expense incurred in the burial shall be charged
against the appropriation for public welfare. (Code 1959,
§ 25-12.)

Sec. 25-13. Audit and inventory in public welfare department.

The director of finance shall, annually, or as often as he
may deem necessary, audit the accounts and inventory the
property in the custody of the superintendent of public welfare
and shall require the person receiving and expending the
funds for public welfare to keep account of all receipts and
purchases in such manner as the director of finance may prescribe.
A report of such annual audit and inventory shall be
made to the city council not later than the thirtieth day of
September in each year. (Code 1959, § 25-13.)

Sec. 25-14. Welfare advisory board.

There is hereby created a welfare advisory board for the
city, which shall consist of five members, one of whom shall
be a member of the city council. The members of the board
shall be appointed by the mayor for terms of one year, expiring
on July 1 of each year, and shall serve without compensation.
The board shall act in an advisory capacity only and
shall advise the director of public welfare and the superintendent
of public welfare with respect to the merits of any
cases which may be referred to it by the director or superintendent
and may also on its own motion make recommendations
to the director of public welfare and the superintendent
of public welfare with respect to individual cases or general
policies. (Code 1959, § 25-14.)

CHAPTER 26.

Railroads.[393]

§ 26-1. Restrictions as to speed.

§ 26-2. Placing obstructions on tracks.

§ 26-3. Sounding locomotive whistles in city.

§ 26-4. Ringing locomotive bell.

§ 26-5. Driving in front of locomotives; getting on or off train in motion.

§ 26-6. Loitering or trespassing upon tracks or platform.

§ 26-7. Obstructing passage on streets; standing vehicle on track.

Sec. 26-1. Restrictions as to speed.

No locomotive engine, car or train of cars or other vehicle
on any railroad track within the city limits shall be moved or
propelled along or over any such railroad track at a greater
rate of speed than fifteen miles per hour in a business district
or twenty-five miles per hour in a residence district. The
definitions of "business district" and "residence district" appearing
in section 18-1 shall apply. (Code 1959, § 26-1.)

Sec. 26-2. Placing obstructions on tracks.

No person shall wilfully place a stone or other obstruction
upon the tracks of any railway company with intent to obstruct,
impede or otherwise interfere with the operation of
such railroad. (Code 1959, § 26-2.)

Sec. 26-3. Sounding locomotive whistles in city.

No locomotive engine whistle shall be sounded in the city
limits except to warn persons or animals off the roadbed.
(Code 1959, § 26-3.)

Sec. 26-4. Ringing locomotive bell.

No locomotive engine bell may be rung within the city,

except when the engine is in motion, unless to warn a person
off the track, and in motion only when approaching and
within two hundred feet or less of a street which the track
crosses at grade, unless an emergency involving risk of life
or serious injury should require warning by bell the person
menaced. (Code 1959, § 26-4.)

Sec. 26-5. Driving in front of locomotives; getting on or off
train in motion.[394]

It shall be unlawful to ride or drive in front of any moving
train or locomotive within less than fifty feet; nor shall any
person except an employee of the railway company get on or
off a train in motion. (Code 1959, § 26-5.)

Sec. 26-6. Loitering or trespassing upon tracks or platform.

It shall be unlawful for any person to play or loiter about
or upon the railroad tracks or upon the platforms of any passenger
depot or about any railroad shops in the city. Any
person violating this section may be ordered to desist by any
special or regular policeman, and upon his failure to do so,
he may be arrested, and if convicted, shall be punished as provided
in section 1-5; provided, that nothing herein contained
shall be construed as to interfere with persons who are traveling
or persons meeting or accompanying travelers. (Code
1959, § 26-6.)

Sec. 26-7. Obstructing passage on streets; standing vehicle on
track.[395]

It shall be unlawful for any railroad company or any receiver,
or trustee operating a railroad to obstruct for a longer
period than five minutes the free passage on any street or
road, by standing cars or trains across the same, except a passenger
train while receiving or discharging passengers, but
a passway shall be kept open; nor shall it be lawful to stand
any wagon or other vehicle on the track of any railroad which
will hinder or endanger a moving train; provided, that when

a train has been uncoupled, so as to make a passway, the time
necessarily required, not exceeding three minutes, to pump up
the air after the train has been recoupled shall not be included
in considering the time such cars or trains were standing
across such street or road. Any such railroad company, receiver,
or trustee, or driver of any such wagon or vehicle
violating any of the provisions of this section shall be fined
not less than five dollars nor more than twenty dollars. (Code
1959, § 26-7.)

CHAPTER 27.

Schools.

Article I. School Board.

§ 27-1. Composition; election and terms of members.

§ 27-2. Powers and duties.

§ 27-3. Report of expenditures and estimate of needed funds.

Article II. Compulsory Attendance In Schools.

§ 27-4. Adoption of state law.

Article I. School Board.[396]

Sec. 27-1. Composition; election and terms of members.

The school board of the city shall be composed of seven
members, to be appointed by the city council, and there shall
be at least one member from each ward of the city. All vacancies
occurring by expiration of the term of office, as provided
in the Charter, shall be filled at the second regular meeting
of the city council in June of each year for a term of
three years, beginning on July first. Vacancies occurring
otherwise than by expiration of the term of office shall be
filled for the unexpired term. No member shall be eligible to
serve more than three successive full three-year terms. If, for
any reason, the city council should not fill the vacancies on

or before July first as above provided, appointments, when
made, shall be for the unexpired term. (Code 1959, § 27-1.)

Sec. 27-2. Powers and duties.[397]

The school board shall have the care, management and control
of public school property of the city, as provided by the
laws of the state. (Code 1959, § 27-2.)

Sec. 27-3. Report of expenditures and estimate of needed
funds.[398]

It shall be the duty of the school board annually, on or
before the thirty-first day of March of each year, and oftener
if deemed necessary by the city council, to submit to the city
council, in writing, a classified report, as prescribed by the
city council, of all expenditures and a classified estimate of
what funds will be needed for the proper maintenance and
growth of the public schools of the city and to request the
city council to make provisions by appropriation or levy for
the same. (Code 1959, § 27-3.)

Article II. Compulsory Attendance In Schools.

Sec. 27-4. Adoption of state law.

Pursuant to resolutions adopted according to sections 22275.24
and 22-275.25 of the Code of Virginia, and recommended
to the city council, article 4 of chapter 12 of title 22
of the Code of Virginia[399] is hereby adopted by the city council
and shall be in force within this city. (11-19-62.)

CHAPTER 28.

Signs.[400]

§ 28-1. Definitions.

§ 28-2. Applicability of chapter.

§ 28-3. Conflicting ordinances or regulations.

§ 28-4. Permits.

§ 28-5. Bond or insurance required for certain signs.

§ 28-6. Prohibited signs.

§ 28-7. Maintenance.

§ 28-8. Removal of signs.

§ 28-9. Signs for which permit not required.

§ 28-10. Obstructing doors, windows or fire escapes.

§ 28-11. Illumination; flashing signs.

§ 28-12. Signs permitted in particular zoning districts.

§ 28-13. Ground signs.

§ 28-14. Wall signs.

§ 28-15. Projecting signs.

§ 28-16. Marquees.

§ 28-17. Roof signs.

§ 28-18. Billboards.

§ 28-19. Clocks.

§ 28-20. Traffic hazards.

§ 28-21. Wind loads.

Sec. 28-1. Definitions.

For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:

Advertising sign. Any sign which directs attention to a
business, commodity, service or entertainment, whether or
not conducted, sold or offered upon the land or in the building
where such sign is located or to which it is attached.

Billboard (poster panel). Any board, panel or tablet used
for the display of printed or painted advertising matter.

Business sign. Any sign which directs attention to a business,
profession, commodity, service or entertainment sold or

offered upon the land or in the building where such sign is located
or to which it is attached.

Erect. To build, construct, attach, hang, place, suspend,
project by light beam or affix any sign.

Area of facing or surface. The surface and enclosing structure
of ornamentation upon, against or through which the
message is displayed or illustrated on the sign. Where signs
do not have backboards or frames, the total area shall be determined
by measuring the smallest rectangle which encloses
all letters or symbols thereof.

Flashing sign. Any illuminated sign on which there is artificial
light which is not constant in intensity or color at all
times when such sign is in use; however, the changing of
time and temperature data on a sign shall not be construed as
a flashing sign.

Ground sign. Any sign supported by uprights or braces
placed in or upon the ground and not attached to any building.

Height. The over-all distance from the ground level to the
top of the sign structure.

Illuminated sign. Any sign which has characters, letters,
figures, designs or outline illuminated by artificial light as
a part of the sign proper.

Incombustible material. Any material which will not ignite
at or below a temperature of twelve hundred degrees Fahrenheit.

Marquee. Any canopy or other covered structure, other than
a projecting sign, projecting from and wholly supported by
a building and extending beyond the building wall.

Nonstructural trim. The moldings, battens, cappings, nailing
strips, latticing and platforms which are attached to the
sign structure.

Painted sign. Any sign painted on the exterior surface of
a building.

Projecting sign. Any sign which is attached to a building
or other structure and extends more than twelve inches beyond
the face of such building or structure.

Roof sign. Any sign erected, constructed and maintained
wholly upon or over the roof of any building.

Sign. Every billboard, ground sign, wall sign, roof sign,
illuminated sign, projecting sign, temporary sign or other
outdoor display structure, and such term shall include any
announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interest of
any person or cause when placed out of doors in view of the
general public.

Structure. Anything constructed or erected, the use of
which requires a location on the ground or which is attached
to something having a location on the ground.

Temporary sign. Any sign, banner, pennant or valance of
advertising display constructed of cloth, canvas, light fabric,
cardboard, wallboard or other light materials, with or without
frames, intended to be displayed for not more than thirty
days.

Wall sign. Any sign or lettering, projecting not more than
twelve inches, which is placed against or attached to the
front, rear or side wall of a building, but such term shall not
include professional name plates that comply with subsections
(c) and (e) of section 28-9. (8-5-63.)

Sec. 28-2. Applicability of chapter.

The provisions of this chapter shall govern the construction,
alteration, repair, maintenance and use of all signs and other
outdoor display structures, together with their appurtenant
and auxiliary devices, with respect to structure, fire and public
safety, but shall be applicable only to such signs as are
erected, replaced, rehung or structurally altered after August
5, 1963. (8-5-63.)

Sec. 28-3. Conflicting ordinances or regulations.

Where this chapter differs in any manner from the provisions
of the Building Code or any other ordinance or regulation
of the city, the ordinance, code or regulation imposing
the greatest restriction upon the use of any sign shall control.
(8-5-63.)

Sec. 28-4. Permits.

It shall be unlawful for any person to erect, structurally
alter, rehang or replace any sign or outdoor display structure
within the city without first submitting an application for an
erection permit to the building inspector. Such application
shall be accompanied with plans and specifications showing
the dimensions, materials and details of construction. The
application shall contain the written consent of the owner or
lessee of the land or building upon which the sign is to be
erected for such erection. A fee of five dollars shall accompany
each application.

A permit shall not be required for the mere changing of
painting or the reposting of advertising copy of display matter
on signs or theater marquees designed for the use of replaceable
copy, provided such change does not violate the provisions
of this chapter.

The building official shall not issue a permit for any sign
unless it has been determined that the proposed sign is in
conformity with any approved site plan affecting the property
upon which the sign is to be placed. (9-5-72.)

Sec. 28-5. Bond or insurance required for certain signs.

No person shall erect, structurally alter, rehang or replace
any sign which projects over the street line or which is installed
nearer to the street line than the height of the sign
unless he has filed with the building inspector a bond of fifty
thousand dollars or an approved public liability insurance
policy issued by a company authorized to do business in the
state in the face amount of fifty thousand dollars, with the
city as an insured party. Such bond shall be conditioned on
the construction, erection and maintenance of such sign in
accordance with the provisions of this chapter, shall save
harmless the city from all claims or damages by reason of the
construction, erection and maintenance of such sign or part
thereof and shall not be cancelled by the principal or surety
until after ten days' written notice to the building inspector.
(8-5-63.)

Sec. 28-6. Prohibited signs.

The following signs are prohibited within the city:

(a) Any sign affixed to, hung, placed or painted on any
fence, tree, public utility pole or radio, television or similar
tower; provided, that this shall not affect signs placed on
utility poles by the city.

(b) Any sign or banner across a public right of way, unless
approved by the city council.

(c) Any sign on an awning which is not a marquee.

(d) Any flashing sign, except those listed in subsection (g)
of section 28-9. (8-5-63.)

Sec. 28-7. Maintenance.

The owner of any sign shall be required to keep such sign
properly maintained at all times. (8-5-63.)

Sec. 28-8. Removal of signs.

Any sign which is unlawfully installed after August 5,
1963, or is improperly maintained or ceases to be a lawful
sign under the provisions of this chapter shall be taken down
and removed by the owner, agent or person having the beneficial
use of the building or structure or land upon which such
sign may be found, within ten days after written notification
to do so from the building inspector. Upon failure to comply
with such notice within the time specified therein, the building
inspector may cause the removal of such sign. Any expenses
incident thereto shall be paid by the owner of the building
or structure or land upon which such sign is erected. (8-5-63.)

Sec. 28-9. Signs for which permit not required.

No permit shall be required for the following signs, provided
they are installed in compliance with the provisions of
this chapter:

(a) Real estate signs, not exceeding six square feet in area,
which advertise for sale or rental the land or building upon

which such signs are located. Such signs shall not be illuminated
and shall not be more than four feet in height.

(b) A temporary real estate sign announcing the development
of a new subdivision when:

(1) Only one sign is erected on the land or building.

(2) It is not illuminated.

(3) It is not over fifty square feet in area.

(4) It is not over ten feet in height.

(5) It is not less than fifty feet from any street intersection
or adjacent property.

No such sign shall remain standing after eighty per cent of
the subdivision lots have been sold.

(c) Professional name plates, not exceeding one square foot
in area, when placed flat upon the wall of the building.

(d) Bulletin boards, not over twenty-four square feet in
area, for municipal or governmental buildings or for buildings
used for religious purposes, when erected upon the building
or land upon such building is located.

(e) Monumental inscriptions, memorial signs or tablets
containing the name of a building or date of erection, etc.,
when cut into any masonry surface or when constructed of
bronze or other incombustible material.

(f) Signs denoting the architect, engineer or contractor
when placed upon work under construction. The total area
of such signs shall not exceed thirty-two square feet per
project and such signs shall not be illuminated.

(g) Traffic or municipal signs, railroad crossing signs,
danger, safety, temporary or emergency signs or Christmas
decorations across a public right of way, as may be authorized
by the city manager.

(h) Signs painted on the exterior surfaces of a building,
but only in B-1, B-2, B-3, M-1 and M-2 zoning districts, and
then only when they comply with the provisions of this chapter.

(i) A traffic safety sign, which has been approved as to size,
type and location by the city council, constructed and maintained
by a nonprofit organization. (8-5-63; 3-1-65.)

Sec. 28-10. Obstructing doors, windows or fire escapes.

No sign shall be erected, replaced or relocated so as to
prevent free ingress or egress from any door, window or fire
escape, nor shall it obstruct the light and ventilation required
by other provisions of this Code or other city ordinances from
any window. No advertising or business sign of any kind shall
be attached to a standpipe or fire escape. (8-5-63.)

Sec. 28-11. Illumination; flashing signs.

When exposed incandescent lamps are used for ground

signs, marquees, roof signs, billboards or wall signs, they shall
be equipped with gooseneck reflectors or other devices arranged
so as to concentrate the illumination upon the area of
the sign and prevent glare.

Each outline lighting installation and each illuminated sign
shall be controlled by a time switch or externally operable
switch which will open all ungrounded conductors and shall
be suitable for conditions of installation, such as exposure to
the weather.

Any existing flashing sign, except those listed in subsection
(3), of section 28-9, shall be turned off by 11:00 P.M. every
night. (8-5-63.)

Sec. 28-12. Signs permitted in particular zoning districts.

In addition to the signs permitted by section 28-9, only the
following signs may be erected in the zoning districts hereinafter
named:

(a) In R-2 residential districts:

(1) Tourist home signs and rooming and boardinghouse
signs located on the land or building, not exceeding six square
feet in area on each side, not exceeding three feet in any
dimension and not exceeding six feet in height, provided a
current city license permits the activity advertised by such
sign. Only one such sign shall be installed on the land or
building and shall not be erected closer than ten feet to any
lot line.

(2) If such signs are illuminated, they shall use incandescent
shaded lamps of not greater than fifty watts total
capacity on each face of the sign, or, if interior lighting is
used, a total wattage of not more than one hundred watts.

(b) In R-3 multiple dwelling districts:

(1) Any sign permitted in an R-2 residential district.

(2) Tourist home, rooming and boardinghouses and
apartment house signs located on the land or building, not
exceeding twelve square feet in area on each side, and not exceeding
twelve feet in height. Only one sign shall be installed
on the land or building and shall not be erected closer than ten
feet to any lot line.

(3) If such signs are illuminated, they shall use incandescent
shaded lamps of not greater than one hundred
watts total capacity on each face of the sign, or, if interior

lighting is used, a total wattage of not more than two hundred
watts.

(c) In B office shop districts:

(1) Any sign permitted in an R-3 residential district.

(2) A sign applicable to goods sold or services rendered
on the land or in the building upon which it is displayed or
stating the name of the establishment; provided, that any
such sign shall not be over thirty square feet in area on each
of two exposed faces or surfaces and the thickness between
the two faces or surfaces shall not exceed eighteen inches
and shall not project beyond the property line. If such sign is
a ground sign it shall not exceed sixteen feet in height.

(3) If such signs are illuminated, the total wattage for
exterior or interior lighting shall not exceed one hundred
watts of incandescent lighting for each six square feet of sign
on each face. The lighting shall be designed so as to direct
the light evenly over the entire face of the sign.

(4) In the Architectural Design Control Area, signs
shall not exceed twelve square feet in area on each of two exposed
faces or surfaces, the thickness between the two faces
or surfaces shall not exceed eighteen inches and such sign
shall not exceed twelve feet in height. If such signs are illuminated
they shall comply with the requirements of subsection
(b) (3) of this section.

(d) In B-1, B-2, B-3, M-1 and M-2 districts:

(1) Any sign permitted in a B office-shop district.

(2) Signs applicable to goods sold or services rendered
on the land or in the building upon which they are displayed
or stating the name of the establishment.

(3) Roof signs applicable only to goods sold or services
rendered on the land or in the building upon which such signs
are displayed or stating the name of the establishment. (8-563.)

Sec. 28-13. Ground signs.

No ground sign shall be erected having a height greater
than thirty-five feet above the level of that portion of the
street upon which the sign faces or above the adjoining
ground level if such ground level is above such street level.
(8-5-63.)

Sec. 28-14. Wall signs.

No wall sign shall be erected with less than ten feet of
clearance between the bottom of the sign and the sidewalk or
ground, nor extend more than ten feet above the top of the
roof of the main building to which it is attached, nor extend
beyond the ends of the wall unless it meets all the requirements
for projecting signs. (8-5-63.)

Sec. 28-15. Projecting signs.

(a) Signs projecting over a public sidewalk shall not exceed
sixty square feet in area on each side, nor be less than
twelve feet above the sidewalk at the lowest part of the sign,
nor be further than two feet from the face of the wall to
which such sign is attached, measuring from the point of the
sign nearest thereto. No such sign or part thereof shall extend
nearer the curb line than two feet. No part of such sign
erected over a public driveway or an alley shall be less than
sixteen feet above the level of such driveway or alley.

(b) The thickness between the principal faces of any
projecting sign shall not exceed eighteen inches.

(c) Only one projecting sign may be installed for each
main entrance on a street except that one additional projecting
sign may be installed for each secondary public entrance
facing on a street other than the front street. (8-5-63.)

Sec. 28-16. Marquees.

(a) Marquees projecting over a public sidewalk shall not
be less than nine feet above the sidewalk at the lowest part
of the marquee, shall not exceed three feet in the vertical
dimension and shall not extend nearer the curb line than
two feet.

(b) Signs on marquees shall not exceed twenty square feet
on any side or front section of the marquee. Such signs may
extend above the top of the marquee provided the vertical
dimension of the structure including both marquee and sign
shall not exceed three feet. If such signs are illuminated, exposed
light sources shall not be used.

(c) Signs may be located under marquees subject to the
following restrictions:

(1) There shall be only one sign for each store entrance.

(2) Such signs shall not exceed twelve inches in depth,
which depth shall include the supports and hangers attaching
the sign to the marquee.

(3) There shall be a minimum distance from the bottom
of such sign to the surface of the sidewalk of eight feet.

(4) Such signs may extend from the store front to a
point six inches to the rear of the front of the marquee, which
means that such signs shall be at least two and one half
feet to the rear of the curb.

(5) If such signs are illuminated, the illumination shall
be by interior lighting only, subject to the interior lighting
restrictions as set forth in this chapter.

(d) Theatre marquees projecting over a public sidewalk
shall not be less than nine feet above the sidewalk at the
lowest part of the marquee, shall not exceed five feet in the
vertical dimension and shall not extend nearer the curb line
than two feet. The restriction on square footage as set forth
by section (b) of this section shall not apply to theatre
marquees. Such signs may extend above the top of the marquee;
provided, the vertical dimension of the structure, including
both marquee and sign, shall not exceed five feet. If
such signs are illuminated, exposed light sources shall not be
used. (8-5-63; 3-6-67.)

Sec. 28-17. Roof signs.

No roof sign shall exceed two hundred square feet in area
nor exceed twenty feet in height from the roof of the building
to the top of the sign structure, nor be nearer than ten
feet to a property line. The base of all roof signs shall maintain
a distance of not less than five feet from the roof level,
except for necessary structural supports. (8-5-63.)

Sec. 28-18. Billboards.

Billboards may be erected only in B-3, M-1 and M-2 districts,
and shall not exceed three hundred twenty square feet
in area, nor shall they be stacked higher than twenty-nine
feet in height. (8-5-63.)

Sec. 28-19. Clocks.

Time and temperature clocks shall be permitted in B-1, B-2,

B-3, M-1 and M-2 districts if they meet all requirements for
wall and projecting signs. (8-5-63.)

Sec. 28-20. Traffic hazards.

No sign shall be located at the intersection of any streets
in such a manner as to obstruct free or clear vision or at any
location where, by reason of the position, shape or color, it
may interfere with, obstruct the view of or be confused with
any authorized traffic sign, signal or device. No sign shall
make use of the words "Stop", "Look", "Danger" or any other
word, phrase, symbol or character that may interfere with,
mislead or confuse traffic. (8-5-63.)

Sec. 28-21. Wind loads.

The effect of wind pressure shall be thoroughly considered
in the design and installation of all signs. The provisions of
the Building Code of the city as to minimum wind loads shall
be applicable in construing this section. (8-5-63.)

CHAPTER 29.

Slaughterhouses.[401]

§ 29-1. Permits.

§ 29-2. Physical examination of employees.

§ 29-3. Construction and operation.

Sec. 29-1. Permits.

No person shall own, maintain or operate a slaughterhouse,
abattoir or place where animals such as cattle, sheep or hogs
are killed for the purpose of sale within this city or its police
jurisdiction, without first obtaining from the health officer a

permit to conduct such business. All permits shall expire December
31 of each year and, if renewal is desired, written
application must be made to the health officer ten days before
the date of expiration. A fee of one dollar shall be charged for
such permit. (Code 1959, § 29-1.)

Sec. 29-2. Physical examination of employees.

The health officer shall be empowered to order any physical
or laboratory examination of any employee at any time that
may be deemed necessary to determine whether a communicable
or infectious disease exists. (Code 1959, § 29-2.)

Sec. 29-3. Construction and operation.

All slaughterhouses, abattoirs or places where animals such
as cattle, sheep and hogs are killed for the purpose of regular
sale to the citizens of this city shall be so constructed and
operated as to comply with the following conditions:

(a) Shall be supplied with an abundant supply of pure
water.

(b) Shall be provided with watertight floors.

(c) Shall be provided with fly screens on doors and windows
so as to prevent the ingress of flies.

(d) Such provisions shall be made for the disposition of
the offal, blood, bones and hides as will be satisfactory to the
health officer.

(e) Shall be kept in a clean and sanitary condition, and
to this end shall be disinfected at such intervals as may be
necessary or as the health officer may require.

(f) All workrooms of slaughterhouses shall be well lighted
and ventilated. Basements shall not be used as slaughter
rooms.

(g) Floors in killing rooms shall be constructed of cement,
tile, brick or similar material throughout and properly
drained.

(h) Interior walls and ceilings shall be kept clean at all
times. When necessary, they shall be painted.

(i) A separate room with tight walls and close-fitting doors
shall be provided for the storage of hides and for the tanking
equipment. The hide room shall be equipped with a concrete
floor or pit properly connected with the drainage system.

(j) Refrigerators of approved type shall be installed and
all dressed carcasses shall be hung therein.

(k) Cattle yards, pig pens, drives and all fields and enclosures
surrounding slaughterhouses shall be clean and free
from green bones, hair, offal, putrifying flesh, manure, etc.
Such enclosures shall be well drained.

(l) Toilets shall be of a type approved by the health officer
and shall be kept clean at all times.

(m) After each day's work is complete, the floors shall be
scrubbed, utensils and equipment washed and the rooms used
thoroughly cleaned.

(n) All workroom employees shall be clean in person at
all times and shall wear clean clothing. (Code 1959, § 29-3.)

CHAPTER 30.

Streets, Sidewalks and Alleys.[402]

§ 30-1. Definition of "streets."

§ 30-2. Numbering and naming streets.

§ 30-3. House numbers—Method of numbering.

§ 30-4. Same—Establishing; furnishing information to owners of
houses.

§ 30-5. Same—Varying from prescribed method; removing or defacing
numbers.

§ 30-6. Defacing or removing street signs, fire hydrants or monuments.

§ 30-7. Encroachments on streets.

§ 30-8. Grading, etc.—Plan showing elevation or lowering.

§ 30-9. Same—Waiver of damages by property owners.

§ 30-10. Laying sidewalks—By city upon owner's application.

§ 30-11. Same—By property owner.

§ 30-12. Same—By city without application.

§ 30-13. Excavations—Permit required.

§ 30-14. Same—Deposits; acquiescence in provisions of sections 30-13 to 30-19.

§ 30-15. Same—Duty to prosecute work without delay.

§ 30-16. Same—Replacing surface.

§ 30-17. Same—Lights and barriers; responsibility for damages caused by
excavation.

§ 30-18. Same—Taking up pavement, etc., without permit.

§ 30-19. Same—Work done by city forces.

§ 30-20. Exposure of water pipes in repairing, grading, etc.

§ 30-21. Openings in sidewalks—Entrances to cellars or areaways.

§ 30-22. Same—Coal or fuel holes.

§ 30-23. Same—Closing except when in actual use; liability for damages.

§ 30-24. Same—Maliciously opening.

§ 30-25. Same—Defective covers.

§ 30-26. Gutters on eaves projecting over sidewalks.

§ 30-27. Drainage from lots, gutters or spouts.

§ 30-28. Snowbreaks on buildings on street lines.

§ 30-29. Gates and doors on street lines to open inward.

§ 30-30. Entrances over sidewalks or drainage ditches.

§ 30-31. Driving or riding upon sidewalk; vehicles standing upon sidewalk or
intersection.

§ 30-32. Use of bicycles on sidewalks.

§ 30-33. Bicycle racks on sidewalks.

§ 30-34. Backing vehicles up to sidewalks.

§ 30-35. Obstructions—Regulations generally.

§ 30-36. Same—Removal.

§ 30-37. Barriers and lights to warn against danger.

§ 30-38. Stopping travel on streets; interfering with barricades, etc.

§ 30-39. Retaining walls for earth embankments.

§ 30-40. Sidewalks in front of premises to be kept clean.

§ 30-41. Removal of snow, sleet and ice.

§ 30-42. Transporting coal over or about sidewalks.

§ 30-43. Planting shade trees.

§ 30-44. Coasting, snowballing, etc.

§ 30-45. Permit to install storm water drainage pipe.

§ 30-46. Flagpoles; parades or processions.

§ 30-47. Auction sales in streets.

§ 30-48. Private alleys.

§ 30-49. Barbed-wire fences along streets or sidewalks.

§ 30-50. Holes, depressions, etc., upon lots below grade of street.

§ 30-51. Repairing or testing machinery in streets.

§ 30-52. Open ditches to be reported to fire department.

§ 30-53. Throwing fruit peels, etc., on sidewalks.

§ 30-54. Hauling earth, garbage, etc., over streets.

§ 30-55. Deposit of ice and snow on public rights of way.

Sec. 30-1. Definition of "streets".

The term "streets," when used in this chapter, shall mean
public streets, sidewalks, alleys, lanes and highways of the city,
except where by the context or by reasonable intendment
sidewalks are not included. (Code 1959, § 30-1.)

Sec. 30-2. Numbering and naming streets.

The streets of the city shall retain their present names until
changed by the council.

Main Street shall be the east and west line from which streets
shall be named; those to the north of Main Street, as north, and
those to the south of Main Street, as south, i. e., the portion of
First Street north of Main Street shall be known as North First
Street and that portion south of Main Street shall be known as
South First Street.

The meridian street shall be North First or South First Street,
as indicated by its position north or south of Main Street.

Whether one goes east or west, the streets running so as to
intersect Main Street, actually or by supposed extension, shall be
known by the natural numbers increasing in either direction from
the meridian at First Street, save in the matter of Park Street and
Ridge Street. For example, the first street east of First Street
shall be known as North Second Street, East, or South Second
Street, East, according to whether it is north or south of Main
Street. (Code 1959, § 30-2.)

Sec. 30-3. House numbers—Method of numbering.

All buildings fronting on the public streets of the city shall be
numbered in conformity with the following:

(1) On streets running parallel with Main Street, the odd
numbers shall apply to the north sides and the even numbers to
the south sides. On streets running parallel with First

Street, the odd numbers shall apply to the west and the even
numbers to the east sides.

(2) On all streets running parallel with Main Street, the
numbering shall commence with No. 100 at First Street, increasing
at the rate of one hundred numbers for each block
going eastward and westward, and with No. 100 at Main
Street, increasing at the same rate going northward and
southward. (Code 1959, § 30-3.)

Sec. 30-4. Same — Establishing; furnishing information to
owners of houses.

The city manager shall have prepared a master house number
map, and on such map shall establish all house numbers,
allowing one whole number for every house, tenement or
other building, and, from criteria on the map, maintain numbers
for vacant lots in both residential and business districts.
He shall also furnish all owners of houses, tenements or other
buildings with the information necessary for them to place
their numbers on their houses, tenements or other buildings
and shall give his certificate of the proper number applicable
to any house or tenement when so required by the owner
thereof. (Code 1959, § 30-4; 7-20-59.)

Sec. 30-5. Same—Varying from prescribed method; removing
or defacing numbers.

No person owning or occupying a building shall number
or attempt to number it otherwise than in conformity with
sections 30-3 and 30-4, nor shall any person deface, alter or
remove a number placed upon a house in accordance with such
sections. (Code 1959, § 30-5.)

Sec. 30-6. Defacing or removing street signs, fire hydrants or
monuments.

No person shall unlawfully deface, remove or displace any
street signs, fire hydrants or monuments marking the street
lines or city boundaries. (Code 1959, § 30-6.)

Sec. 30-7. Encroachments on streets.[403]

In every case of an encroachment upon a street by a building,
wall, fence or other structure, the city manager shall require
the owner or maintainer thereof to remove the same.
For failure to make such removal in the time ordered, the
judge of the municipal court may impose a penalty as prescribed
by section 1-5 for each day such failure shall continue
thereafter, and may cause such encroachment to be removed
at the risk and cost of the party in default. (Code 1959, §
30-7.)

Sec. 30-8. Grading, etc.[404] —Plan showing elevation or lowering.

Whenever the paving, grading or making of sidewalks or
streets anywhere in the city is ordered by the council, it shall
be the duty of the city manager, when in his opinion such
street or sidewalk should be so graded as to raise or lower
the same materially with reference to the property of abutting
lot owners, to make his plans of such improvement, showing
accurately in feet and tenths the elevation or lowering of
the street with reference to such adjacent property. (Code
1959, § 30-8.)

Sec. 30-9. Same—Waiver of damages by property owners.

Before proceeding with the work, the city manager shall
obtain from the owners of the property to be affected by such
change of grade a written waiver of all damages. If such
property owners refuse to sign such waiver, the city manager
shall report the situation to the council and receive authority
from that body before proceeding with the work. (Code
1959, § 30-9.)

Sec. 30-10. Laying sidewalks—By city upon owner's application.

Whenever any property owner desires a sidewalk or curb
or curb and gutter to be laid along an accepted city street

boundary of property, he shall make written application to
the city manager agreeing to pay one half of the cost of such
construction as estimated by the city manager and waiving
all damages by reason of such construction. The city manager
shall have an estimate made of the cost of such improvement
and the applicant shall pay one half of the cost as so
estimated as follows:

(a) Either in cash; or

(b) By his promissory note payable to the city in monthly
installments extending over a period not to exceed six months,
including five per cent interest on the principal amount.

Upon receipt of either the cash payment or the applicant's
promissory note, as herein provided, such sidewalk, curb or
curb and gutter shall be constructed, provided funds therefor
shall have been appropriated. (Code 1959, § 30-10.)

Sec. 30-11. Same—By property owner.

Whenever any citizen or property owner desires to lay a
sidewalk for himself in a city street, he shall make application
to the city manager in writing who shall grant such permission
upon condition that the applicant make such improvement
at his own expense and do the work under the supervision
of the city manager. (Code 1959, § 30-11.)

Sec. 30-12. Same—By city without application.[405]

Where no application is received from a property owner to
lay a sidewalk, the city council may require a sidewalk to be
laid as provided by state law or may direct a sidewalk to be
laid in such other manner as it may specify, not in conflict
with state law. (Code 1959, § 30-12.)

Sec. 30-13. Excavations—Permit required.

No person, unless specially authorized by the council, shall
take up or remove any portion of the surface of the sidewalk
or street or excavate in any public street of the city without
written permission of the city manager, who shall not refuse
permission to any applicant except for cause, but in case of

refusal the applicant may appeal to the council. (Code 1959, §
30-13.)

Sec. 30-14. Same—Deposits; acquiescence in provisions of
sections 30-13 to 30-19.

Before a permit to remove a pavement or street surface or
to excavate any street or alley is granted, the city manager
may require a deposit sufficient to pay for resurfacing the
street to be disturbed, the amount of such deposit to be determined
by the city manager.

Every person who shall make application for a permit shall
be deemed to have assented thereby to all the provisions and
terms of section 30-13 to 30-19, including the right of the
city to collect the actual cost of replacing the pavement, sidewalk
or street surface in the manner above directed. (Code
1959, § 30-14.)

Sec. 30-15. Same—Duty to prosecute work without delay.

It shall be the duty of every person to whom a permit to
remove a pavement or street surface or excavate in any street
or alley shall have been granted to institute at once and prosecute
without delay the work for which such permit was obtained
and, promptly on its completion, give written notice
thereof to the city manager. (Code 1959, § 30-15.)

Sec. 30-16. Same—Replacing surface.

No pavement, sidewalk or street surface, after being taken
up, shall be replaced by any person except under the direction
of the city manager. If the applicant fails to resurface the
street disturbed promptly and in a manner approved by the
city manager, the city manager is authorized to cause such
work to be done at the expense of the applicant. (Code 1959,
§ 30-16.)

Sec. 30-17. Same—Lights and barriers; responsibilities for
damages caused by excavation.

Any person to whom a permit is granted to do such work
as provided in sections 30-13 to 30-19 shall place guards or
barriers around such excavation and shall protect it by warning

lights at night and shall be responsible for damages to
persons or property caused by such excavations until taken
in charge by the city manager. (Code 1959, § 30-17.)

Sec. 30-18. Same—Taking up pavement, etc., without permit.

No person shall take up any pavement, sidewalk or street
surface or excavate in any street or alley in the city without
the written permission of the city manager. (Code 1959, §
30-18.)

Sec. 30-19. Same—Work done by city forces.

The provisions of sections 30-13 to 30-18 shall not apply to
work done by city forces under the supervision of the city
manager but the city manager may prescribe regulations for
work done on city streets by city forces. (Code 1959, § 3019.)

Sec. 30-20. Exposure of water pipes in repairing, grading, etc.

When, in repairing or grading or otherwise disturbing a
street, any water pipe is left uncovered or exposed, it shall
be the duty of the person in charge of such work to forthwith
notify the city manager of such exposure. (Code 1959, §
30-20.)

Sec. 30-21. Openings in sidewalks—Entrances to cellars or
areaways.

No entrances in sidewalks to cellars or areaways shall hereafter
be permitted without the approval of the council.

Every cellar or area which opens in a sidewalk shall have
such opening covered with substantial metal grating, rough-surface
metal or metal and glass, which shall be flush with
the pavement. No such opening to any existing cellar or area
shall be recovered, nor shall the covering thereof be repaired
or renewed except with such material and in such manner as
above required. The entrance to every cellar which opens in
a sidewalk shall be covered with two doors of equal width,
without joints and so constructed that when closed they shall
be flush with the pavement and when open shall each stand
upright and at right angles to the pavement and be held in

such position by connecting bars or chains at the end of the
doors nearest the curb line. No cellar door shall be allowed
to fall back or lie flat upon the street or sidewalk nor to remain
open any longer than necessary and while in actual use.
It shall be unlawful for the owner or occupant of any building,
the cellar or area to which does not conform to the requirements
of this section, after notification by the city manager,
to fail or refuse to comply with its provision. (Code 1959,
§ 30-21.)

Sec. 30-22. Same—Coal or fuel holes.

No opening in a street or sidewalk for fuel or coal holes
shall exceed eighteen inches in diameter. Such opening shall
be covered with a substantial metal cover with a rough surface,
placed flush with the surface of the sidewalk. Such fuel
or coal holes hereafter constructed shall be in accordance with
plans first approved by the city manager and shall not be constructed
until a written permit shall have been obtained from
the city manager. It shall be unlawful for the owner or occupant
of any building, the fuel or coal hole to which does not
conform to this section, or the owner, user or lessor of any
such fuel or coal hole, after notification by the city manager,
to fail or refuse to comply with its provisions. (Code 1959,
§ 30-22.)

Sec. 30-23. Same—Closing except when in actual use; liability
for damages.

Every cellar, vault, fuel or coal hole opening in a sidewalk
shall be kept closed and the cover thereof securely fastened,
except when the same shall be actually in use by some person
immediately attending the same. The owner or occupant of
the building shall be responsible for any damage to persons
or property caused by any cellar, vault or coal hole opening.
(Code 1959, § 30-23.)

Sec. 30-24. Same—Maliciously opening.

No person shall wilfully or maliciously open or cause to be
opened any cellar, vault or coal hole opening in a sidewalk,
whereby the safety of users of the sidewalk is endangered.

Such person shall also be liable for damage or injury resulting
from such acts. (Code 1959, § 30-24.)

Sec. 30-25. Same—Defective covers.

Whenever the owner or occupant of any building to which
is attached any area, cellar, vault, fuel or coal hole opening
in the sidewalk shall be notified by the city manager that the
covering thereof is insecure or dangerous, it shall be his duty
at once to repair the same. Each day of default after the
expiration of five days shall constitute a separate offense. In
case of failure to repair within five days, the city manager
may cause such repairs to be made at the cost of the city, and
the cost thereof, with any fine imposed by the court, shall be
collected of the party in default in like manner as fines and
assessments are collected. The owner and occupant of such
building shall be responsible for damages to persons or property
caused by such defective covers. (Code 1959, § 30-25.)

Sec. 30-26. Gutters on eaves projecting over sidewalks.

All buildings, the eaves of which project over the sidewalk,
shall be provided with gutters so that there shall be no dripping
from the eaves upon the sidewalk. All gutters, the
waters from which empty upon a street or sidewalk, shall be
constructed so as to discharge such water only at or below
the surface of the ground. Each day a violation of this section
shall continue after notification by the city manager or chief
of police to remedy the fault shall constitute a separate offense.
(Code 1959, § 3026.)

Sec. 30-27. Drainage from lots, gutters or spouts.

No water from any lot, gutter or spout shall be permitted
to flow across the footway of any street except in a covered
drain, the cover of which shall not be above the surface of
such footway. Such drain shall be of sufficient capacity to
convey the water to be discharged by it and shall be built and
kept open and in good repair by the owner or occupant of the
premises whence it proceeds.

Each day any violation of this section shall be permitted to
continue after notice by the city manager or the chief of police
to abate the same shall constitute a separate offense. In case

of failure to comply with the order of the city manager or
the chief of police within five days, the city manager may
cause the construction to be made at the cost of the city, and
the cost thereof, with any fine imposed by the court, shall
be collected of the party in default in like manner as fines and
assessments are collected. (Code 1959, § 30-27.)

Sec. 30-28. Snowbreaks on buildings on street lines.

Buildings which are located on the line of any street shall
be provided with suitable snowbreaks or guards on the side
next to such street. Each day such failure shall continue after
notice from the city manager shall constitute a separate offense.
(Code 1959, § 30-28.)

Sec. 30-29. Gates and doors on street lines to open inward.

Every gate or door built or constructed in any fence or wall
standing on the line of any street, except doors to public
buildings which are required to be hung so as to open outward,
shall be hung so as to open inward. Each day such offense
shall continue after notice by the city manager to abate
the same shall constitute a separate offense. (Code 1959, §
30-29.)

Sec. 30-30. Entrances over sidewalks or drainage ditches.

Whenever, in order to provide for an entrance to any property,
it is necessary to cross a sidewalk or drainage ditch, it
shall be the duty of the owner of the property, at his own
expense, to provide an entrance approved by the city manager.

For the crossing of any drainage ditch the owner shall provide
a pipe or conduit of such size and length as may be specified
by the city manager, such pipe or conduit to be placed or
installed by the city.

For the crossing of any sidewalk or curb which has been
previously constructed, the owner shall remove and replace
so much of the sidewalk or curb as may be necessary to provide
a suitable entrance, subject to the supervision and inspection
of the city manager, and no such entrance shall be
constructed until a written permit has been obtained from
the city manager. (Code 1959, § 30-30.)

Sec. 30-31. Driving or riding upon sidewalk; vehicles standing
upon sidewalk or intersection.

No person shall, except on such pavement and at such places
as are provided for in section 30-30, drive a vehicle or ride
upon a sidewalk nor shall any person permit a vehicle to
stand on a sidewalk or upon a street crossing. (Code 1959, §
30-31.)

Sec. 30-32. Use of bicycles on sidewalks.

No person shall use any bicycle on any sidewalk. (Code
1959, § 30-32.)

Sec. 30-33. Bicycle racks on sidewalks.

Sections 30-31 and 30-32 shall not be construed to prohibit
the use of bicycle racks on the sidewalks outside any place of
business, if the chief of police approves the location thereof
and the person maintaining such rack shall execute agreements
indemnifying the city against any claim on account of
such use of the sidewalk; provided, that such racks shall be
removed from the sidewalk during the hours such place of
business is closed. (Code 1959, § 30-33.)

Sec. 30-34. Backing vehicles up to sidewalks.

No vehicle shall back up to the sidewalk, except for the
purpose of loading or unloading. Each hour a vehicle shall
remain backed up to a sidewalk over and above such time
as may be necessary for such purpose shall constitute a separate
offense. No person shall obstruct the streets while loading
or unloading such vehicle, when required to move out of
the way. (Code 1959, § 30-34.)

Sec. 30-35. Obstructions—Regulations generally.

No person shall obstruct a street or sidewalk, or the space
vertically above the same, by placing therein anything whatsoever
which will hinder or obstruct the passage of persons
or vehicles in any manner whatsoever. Every hour the violation
continues may, in the discretion of the judge of the
municipal court be held to be a separate offense. This section

shall, however, be subject to the following limitations, exceptions
and provisos:

(a) Telegraph, telephone and electric light and power companies
holding franchises may place such reasonable number
of poles as may be requisite for their business but such poles
shall be located or moved according to the directions and
under the supervision of the city manager.

(b) One half of the street between curb lines opposite a
lot upon which any building or wall is being erected may be
used for the purpose of laying timber and other building materials
during such reasonable time as may be necessary for
such erection but no longer. Should there be buildings in the
course of construction on opposite sides of the street at the
same time, then each may occupy one fourth of such street.
When such building or wall is being erected, the sidewalk in
front thereof shall not be obstructed but, for the protection
of persons passing, a shed or platform shall be erected over
the sidewalk, which shall be at least seven and one-half feet
high, as wide as the pavement and as long as the building or
wall which is being constructed, under which persons may
safely walk. Any damage done to the street or sidewalk by
such building or the contractor shall be repaired by him.

(c) Merchants and others, while receiving goods or articles,
may place the same on the outer margin of the sidewalk,
using as much thereof as may be necessary and no more, if
the public is not deprived thereby of the free, easy and comfortable
use of the sidewalk. Such occupation of the sidewalk
shall be for only such time as may be necessary for such reception
or delivery. It shall be the duty of the police to see
that the sidewalks are not so obstructed as to deprive the
public of the use thereof as hereinbefore described. They
are hereby clothed with the power to require goods and other
articles which in their opinion obstruct the sidewalk to be
moved at once.

(d) The persons placing such obstructions on the streets
or sidewalks shall be responsible for any damages caused
thereby. (Code 1959, § 30-35.)

Sec. 30-36. Same—Removal.

It shall be the duty of the police to promptly notify the city
manager of all permanent obstructions of the streets, drains

or culverts. The city manager shall forthwith cause all such
obstructions to be removed by either the person responsible
for the same or the person whose duty it is to remove the
same or failing in this to have the same removed at the cost
of the city. It shall be unlawful for any person whose duty
it is to remove any such obstruction to fail or refuse to do so
within a reasonable time after being notified to do so by the
city manager. When the obstruction is removed at the cost of
the city, the party whose duty it was to have removed such
obstruction shall be liable to the city for the expense incurred
in and about such removal, together with any fine imposed
by the court in addition thereto. (Code 1959, § 30-36.)

Sec. 30-37. Barriers and lights to warn against danger.

When any work is being done on structures abutting on any
street or sidewalk which may endanger persons passing along
such street or sidewalk, barriers shall be placed across the
way so as to prevent and warn persons against the danger.
No bricks, slate or any other thing or substance shall be
thrown off, from or out of such structure or any part thereof
into the street or sidewalk, except within the space enclosed
by such barriers. When any ditch is dug or excavation is
made in or abutting a street or sidewalk, sufficient barriers
shall be placed around and over the same to prevent persons
or animals from falling therein. During the whole of every
night while such excavation or opening is uncovered or unenclosed,
sufficient lanterns or other noticeable lights shall be
conspicuously placed so as to cast their light upon such excavation
or opening. In addition to any penalty imposed for a
violation of this section, the person failing to comply with
the provisions of this section shall be responsible for all damages
resulting therefrom. (Code 1959, § 30-37.)

Sec. 30-38. Stopping travel on streets; interfering with barricades,
etc.

The city manager or his authorized representative shall
have the right to stop travel on any street when the same is
being repaved or improved, if he deems it necessary, and the
city manager shall also have the right to stop travel on any
street when requested by a practicing physician to do so for

the protection and comfort of a patient during serious illness.
This shall be done by ropes which shall be marked by some
white cloth during the daytime and by lighted lanterns at
night. No person shall remove, cut or interfere with barricades
or lights placed for the purpose of stopping travel on
streets or driving or riding on those portions of the streets
so cut off or in any way encroaching upon or interfere with
any portion of the streets of the city when they are being
repaved or improved. (Code 1959, § 30-38.)

Sec. 30-39. Retaining walls for earth embankments.

Wherever earth embankments abut on any paved street or
sidewalk, it shall be the duty of the owner of such property
to erect suitable barriers or retaining walls to prevent loose
earth or mud from falling upon such street or sidewalk. If
any person fails to conform hereto within a reasonable time
after being notified to do so by the city manager, each day of
default shall be deemed a separate offense. If, however, a
change in the grade of the street, made by the city, produces
an embankment abutting on a paved street or sidewalk, it
shall be the duty of the city to erect protecting barriers, if
deemed necessary by the city. (Code 1959, § 30-39.)

Sec. 30-40. Sidewalks in front of premises to be kept clean.[406]

It shall be unlawful for any person to sweep dirt or trash
from the interior of the store or premises occupied by him
upon the sidewalk. All such dirt or trash shall be taken up
and put in proper receptacles for removal.

It shall be the duty of all persons occupying stores or premise
fronting on any street to keep the sidewalk immediately
in front thereof clean and clear of rubbish, trash, waste paper,
filth, etc., and they shall not sweep the same into the roadway
of the street but shall take up the same and put it in proper
receptacles to be removed as other trash, waste paper, filth,
etc., is removed. During dry weather, sidewalks shall be
sprinkled with water before sweeping, so as to prevent dust
from flying into faces of pedestrians. In case of office buildings,

apartment houses or other buildings occupied by three
or more tenants, this duty shall be upon the owner thereof
or the person in charge of the entire building. Where the
first floor is occupied as a store or mercantile establishment,
the duty of keeping the sidewalk in front thereof shall be and
is hereby imposed upon the occupant of the store or the proprietor
of the mercantile business. (Code 1959, § 30-40.)

Sec. 30-41. Removal of snow, sleet and ice.[407]

It shall be the duty of every occupant of every house or
lot which abuts upon a sidewalk or footway of stone, brick
or wood to have all snow removed from such sidewalk or footway
within six hours after the same shall have ceased falling,
unless such snow shall have fallen during the night or on
Sunday, in which case it shall be removed by 12:00 Noon the
day following. The same requirements shall exist with respect
to ice or sleet on sidewalks or footways, except that the
same, when it cannot be removed without injury to the sidewalk
or footway, shall be covered, within the period of time
specified, with sand, ashes or some other substance which
will render it safe for travel. Whenever any house or lot is
unoccupied, it shall be the duty of the owner or the agent of
the owner thereof to have the snow or ice removed from his
sidewalk or footway as above required of occupants. Every
six hours that such snow or ice is allowed to remain in violation
of this section shall constitute a separate offense. (Code
1959, § 30-41.)

Sec. 30-42. Transporting coal over or about sidewalks.

Whenever coal is handled or transported over or about any
sidewalk in the city, the person having such work done shall,
within one hour after such work is completed, have all particles
of coal or dust swept or removed from the sidewalk.
(Code 1959, § 30-42.)

Sec. 30-43. Planting shade trees.

No person shall plant any shade trees in the streets or sidewalks
of the city without the previous consent of the city

manager, who shall designate the proper line for the same.
No North Carolina Poplar, Lombardy Poplar or cottonwood
tree shall be planted in the streets or alleys of the city nor
within ten feet of the lines of the same. Neglect or refusal to
remove such trees as have been planted contrary to this section,
when ordered to do so by the city manager, shall be cause
for having the trees removed by the city, and the person planting
the trees shall pay the cost of the same, in addition to any
fine imposed by the court. (Code 1959, § 30-43.)

Sec. 30-44. Coasting, snowballing, etc.[408]

No person shall slide or coast upon the ice or snow in any
street. No person shall throw any snowballs in the streets.
(Code 1959, § 30-44.)

Sec. 30-45. Permit to install storm water drainage pipe.

Before any person installs a storm water pipe in a natural
drainage area, where such pipe is connected to a pipe or
culvert under a city street, he shall obtain from the city engineer
a construction permit, which permit shall specify the
size and kind of pipe to be installed. No such pipe, structure
or fill shall be installed or placed so as to obstruct the flow
to or from a pipe or culvert under a city street. (6-18-62.)

Sec. 30-46. Flagpoles; parades or processions.

No flagpole shall be erected in any of the streets of the city
except when flags are to be flown for decoration purposes
which have been, or may hereafter be authorized by the city
manager. No parade or procession of any kind shall be allowed
in the city streets without permission of the city manager
or the chief of police. (Code 1959, § 30-46.)

Sec. 30-47. Auction sales in streets.

No person shall sell or offer for sale at public auction on
the streets or sidewalks of the city any goods, wares, merchandise,
household furniture or other article or thing whatsoever,
except real estate. (Code 1959, § 30-47.)

Sec. 30-48. Private alleys.

It shall be the duty of every owner of a private alley to have the
same so graded as to prevent the accumulation therein of water
or filth and keep the same constantly clean and in good order.
Every twenty-four hours that any person shall neglect or refuse
to comply with the provisions of this section, after notice
of a violation by the city manager or the chief of police,
shall constitute a separate offense. (Code 1959, § 30-48.)

Sec. 30-49. Barbed-wire fences along streets or sidewalks.

No person shall erect along or on any street or sidewalk of the
city what is known as barbed-wire fencing. Each day that such
violation continues, after notification by the chief of police or the
city manager to remove such fence, shall constitute a separate
offense. (Code 1959, § 30-49.)

Sec. 30-50. Holes, depressions, etc., upon lots below grade
of street.

All holes, depressions, excavations or other dangerous places
upon private lots that are below the grade of the adjoining street
shall be properly enclosed with fences or walls, or filled up by the
owners or occupants of such lots, so as to prevent persons or
animals from falling therein. It shall be the duty of the chief of
police and the city manager to notify the owner or occupants of
premises on which such dangerous places exist and to require
that fences or walls be built around them or that they be filled up
within such period as the city manager or the chief of police shall
deem that the exigencies of the case may require. It shall be
unlawful for any person to fail to comply with such notification,
and each day such failure shall continue shall constitute a
separate violation. The city manager may cause such fencing or
filling to be done at the expense of the city. The sum so expended,
in addition to any fine imposed by the court, shall be collected of
such owner or occupant as other fines are collected. (Code 1959,
§ 30-50.)

Sec. 30-51. Repairing or testing machinery in streets.

Manufacturing, repairing or testing of machinery, including
the engines or other parts of motor-driven vehicles, on the
sidewalks or in the streets shall be unlawful. This section shall

not apply to emergency repairs which are necessary before the
vehicle can be moved. (Code 1959, § 30-51.)

Sec. 30-52. Open ditches to be reported to fire department.

Whenever the head of any city department shall cause an
opening to be made in the surface of any street for the laying or
repairing of pipes, etc., it shall be his duty to notify the fire
department of the location of such opening immediately upon the
commencement of such work. (Code 1959, § 30-52.)

Sec. 30-53. Throwing fruit peels, etc., on sidewalks.

No person shall throw upon any sidewalk or street crossing any
rind, skin or peeling of any fruit or vegetable or any other article
liable to make a person slip or fall. (Code 1959, § 30-53.)

Sec. 30-54. Hauling earth, garbage, etc., over streets.

The owner or operator of every cart or other vehicle employed
in removing or carrying dirt, sand, coal, manure, filth or
offensive matter of any kind or description along or over any of
the streets of the city shall have and keep the same in such tight
and secure condition that such matter shall not be scattered or
suffered to fall on any street. (Code 1959, § 30-54.)

Sec. 30-55. Deposit of ice and snow on public rights of way.

It shall be unlawful for any person to deposit in the public
rights of way accumulations of snow and ice removed from
private property. (12-7-70.)

CHAPTER 31.

Swimming Pools.[409]

§ 31-1. "Swimming pool" defined.

§ 31-2. Permits—Required; applications; granting.

§ 31-3. Same—Revocation.

§ 31-4. Inspections by health officer; publishing reports.

§ 31-5. Supervision by trained operator required.

§ 31-6. Presence of swimming instructor or attendant required; authority.

§ 31-7. Solo bathing prohibited.

§ 31-8. Entrance of persons when pool empty.

§ 31-9. Lining of floors and walls.

§ 31-10. Slope of floor; minimum depth at deep end; marking depth.

§ 31-11. Scum gutters.

§ 31-12. Steps and ladders.

§ 31-13. Runways.

§ 31-14. Location of inlet and outlet pipes.

§ 31-15. Size of pool.

§ 31-16. Toilet facilities.

§ 31-17. Showers.

§ 31-18. Artificial lighting facilities.

§ 31-19. Ventilation.

§ 31-20. Required temperature for pool room, dressing rooms, etc.

§ 31-21. Dressing room floors.

§ 31-22. Construction and height of diving boards and platforms.

§ 31-23. Water—Approval of source and method of purification.

§ 31-24. Same—Chlorinating.

§ 31-25. Same—Clearness.

§ 31-26. Same—Required temperature.

§ 31-27. Same—Purity.

§ 31-28. Same—Frequency of changing.

§ 31-29. Same—Frequency of disinfection.

§ 31-30. Same—Tests for excess chlorine.

§ 31-31. Same—Tests for acidity and alkalinity.

§ 31-32. Bathers to take cleansing baths.

§ 31-33. Suits and towels.

§ 31-34. Spitting, blowing nose, etc., in pool.

§ 31-35. Excluding persons with communicable diseases.

§ 31-36. Instructing and warning bathers.

§ 31-37. Rough play, etc., prohibited.

§ 31-38. Operating record required; matters to be recorded.

§ 31-39. Placards to be posted.

Sec. 31-1. "Swimming pool" defined.

The term "swimming pool," as used in this chapter, shall
mean any public swimming pool, or bathing place, with water
sufficiently deep for complete immersion of the body and used
collectively by numbers of persons, together with the buildings
and equipment pertaining to such places. (Code 1959, §
31-1.)

Sec. 31-2. Permits—Required; applications; granting.

No person shall construct, add to, modify or operate any
public swimming pool without first obtaining a permit from
the health officer. The application for a permit shall be accompanied
by detailed maps, drawings and descriptions of the
structure, appurtenances and methods of operation, a description
of the source of water supply, the methods of purification
and any other information required by the health officer. The
health officer, in cooperation with the city engineer, shall determine
whether or not the proposed pool may be expected
to comply with the requirements of this chapter, and if so,
shall grant the application for a permit. (Code 1959, § 31-2.)

Sec. 31-3. Same—Revocation.

Any permit may be revoked or suspended at any time by
the health officer, if he finds the swimming pool is being conducted
in an insanitary manner or is dangerous to the public
health. (Code 1959, § 31-3.)

Sec. 31-4. Inspections by health officer; publishing reports.

The health officer, or his representative, may enter the
premises of any swimming pool at any time for the purpose
of inspection. Reports of inspections may be published, or
posted, at the discretion of the health officer. (Code 1959, §
31-4.)

Sec. 31-5. Supervision by trained operator required.

Each swimming pool shall be operated under the close
supervision of a well-trained operator. (Code 1959, § 31-5.)

Sec. 31-6. Presence of swimming instructor or attendant required;
authority.

A swimming instructor, bathing master or qualified attendant
shall be on duty at the pool side at all times when a pool
is open to use by bathers. Such attendant shall be in full
charge of bathers and have authority to enforce all rules of
safety and sanitation. (Code 1959, § 31-6.)

Sec. 31-7. Solo bathing prohibited.

Solo bathing shall be prohibited and no one shall be permitted
in the swimming pool room unless an attendant is
present. (Code 1959, § 31-7.)

Sec. 31-8. Entrance of persons when pool empty.

Whenever a swiming pool is empty, the entrance of all
persons, except the pool attendant, shall be prevented. (Code
1959, § 31-8.)

Sec. 31-9. Lining of floors and walls.

Swimming pools shall be lined with such material that the
walls and floors shall be impervious to water, smooth and
easily cleaned. The lining shall be white, or a light color,
preferably tile or glazed brick. The light color shall not be
obtained by painting. (Code 1959, § 31-9.)

Sec. 31-10. Slope of floor; minimum depth at deep end; marking
depth.

The slope of any swimming pool floor shall not be more
than one foot in fifteen feet. The minimum depth at the deep
end shall be six feet. The depth shall be marked at frequent
intervals. (Code 1959, § 31-10.)

Sec. 31-11. Scum gutters.

Scum gutters shall be provided on all sides of the pool and
shall be recessed into the wall; any projection shall not extend
out more than two inches. The gutters shall be of such
depth that the swimmer's hands will not touch the bottom.
There shall be a drainage outlet at least every ten feet. (Code
1959, § 31-11.)

Sec. 31-12. Steps and ladders.

Steps and ladders shall be provided at both sides of the
deep end of the swimming pool, and at the shallow end, if its
depth is more than two feet from the runway. (Code 1959,
§ 31-12.)

Sec. 31-13. Runways.

Runways at least four feet wide shall extend entirely around
the swimming pool and shall be of nonslipping material but
easily cleaned. They shall drain away from or towards the
pool. The edge of the pool at the junction of the runways
shall be rounded. (Code 1959, § 31-13.)

Sec. 31-14. Location of inlet and outlet pipes.

The location of inlet and outlet pipes shall be such as to
provide the maximum efficiency of complete circulation and
displacement which is practicable. (Code 1959, § 31-14.)

Sec. 31-15. Size of pool.

The size of the pool shall be proportioned to the expected
bathing load, according to the recommendations of the American
Public Health Association. (Code 1959, § 31-15.)

Sec. 31-16. Toilet facilities.

At least one sanitary, water-flushed toilet shall be provided
for each forty women and at least one toilet and one urinal
for each sixty men. (Code 1959, § 31-16.)

Sec. 31-17. Showers.

Adequate showers, the locations of which shall be approved
by the health officer, with hot and cold water, shall be provided.
There shall be at least one for each forty bathers at
the time of maximum load. (Code 1959, § 31-17.)

Sec. 31-18. Artificial lighting facilities.

Adequate artificial lighting shall be provided in all parts of
the swimming pool and in dressing rooms. Artificial lights

shall be used at any time that natural light is not sufficient to
see clearly in all parts of the rooms. (Code 1959, § 31-18.)

Sec. 31-19. Ventilation.

Adequate ventilation shall be provided in such a way that
drafts will not blow on the bathers. (Code 1959, § 31-19.)

Sec. 31-20. Required temperature for pool room, dressing
rooms, etc.

The pool room, dressing rooms, showers and the toilets shall
be heated to at least seventy to seventy-five degrees Fahrenheit.
(Code 1959, § 31-20.)

Sec. 31-21. Dressing room floors.

Dressing room floors shall be of smooth, impervious material,
with no cracks, and shall be properly drained. (Code
1959, § 31-21.)

Sec. 31-22. Construction and height of diving boards and platforms.

Diving boards and platforms shall be rigidly constructed
and anchored and their height shall conform to the following
schdeule:

           

Elevation	Minimum depth of water
1 foot	5 feet
3 feet	6 feet
5 feet	7 feet
7 feet	8 feet
10 feet	9 feet

(Code 1959, § 31-22.)

Sec. 31-23. Water—Approval of source and method of purification.

Water used in a swimming pool shall be from a source approved
by the health officer. The method of purification of
the water before entering the pool or of water used for recirculation
shall be approved by the health officer. (Code
1959, § 31-23.)

Sec. 31-24. Same—Chlorinating.

All water on entering the pool shall be chlorinated. The
available chlorine in the water in the pool shall at all times
be between 0.1 p.p.m. to 0.5 p.p.m. (Code 1959, § 31-24.)

Sec. 31-25. Same—Clearness.

The water shall at all times be sufficiently clear to permit
a black disk six inches in diameter on a white field, when
placed on the bottom of the pool at the deepest point, to be
clearly visible from the side walls of the pool at all distances
up to ten yards. (Code 1959, § 31-25.)

Sec. 31-26. Same—Required temperature.

The water shall not be artificially heated to above 72° Fahrenheit.
The air shall not be more than 8° Fahrenheit warmer
or 2° Fahrenheit colder than the water in the pool. (Code
1959, § 31-26.)

Sec. 31-27. Same—Purity.

As shown by bacterial counts of the water taken at any
time, the purity of the water shall be equal to accepted standards
for drinking water. (Code 1959, § 31-27.)

Sec. 31-28. Same—Frequency of changing.

The total number of bathers using a swimming pool during
any period of time shall not exceed twenty persons for each
one thousand gallons of clean water added to the pool during
that period. The term "clean water," as used above, may be
interpreted to mean new clean water used to refill the pool,
new clean water used to replace loss by splashing or during
cleansing, water taken from the pool and returned after effective
filtration or any combination of such waters. (Code 1959,
§ 31-28.)

Sec. 31-29. Same—Frequency of disinfection.

At any pool where the addition of disinfectant is not continuous
during the bathing period, the total number of persons
permitted to use the pool between any two consecutive

disinfections shall not exceed seven persons for each one thousand
gallons of water in the pool and each disinfection shall
be sufficient to insure that the bacterial quality of the water
shall conform to the limits stated in section 31-27. (Code
1959, § 31-29.)

Sec. 31-30. Same—Tests for excess chlorine.

At any pool where chlorine or hypochlorite of lime or other
chlorine compound is used for disinfection, the operator must
be supplied with a proper outfit for making the orthotolidine
test for excess chlorine and with permanent standards showing
maximum and minimum permissible chlorine in the water.
Tests for excess chlorine in the water must be made by the
operator every day that the pool is in use. (Code 1959, § 3130.)

Sec. 31-31. Same—Tests for acidity and alkalinity.

At any pool where alum or sulphate of alumina is used or
where artificial alkalinity is added to the water, the pool operator
must be supplied with a proper outfit for testing for
acidity and alkalinity and must make such tests on the water
every day that the pool is in use. (Code 1959, § 31-31.)

Sec. 31-32. Bathers to take cleansing baths.

All persons using a swimming pool must be required to
take a cleansing shower bath in the nude, using warm water
and soap, and thoroughly rinsing off all soapsuds before entering
the pool room or enclosure. A bath after donning a suit
shall not be permitted.

A bather leaving the pool room or enclosure for any reason
shall take a foot bath before returning. A bather leaving the
pool to use a toilet shall be required to take a second bath
before returning. (Code 1959, § 31-32.)

Sec. 31-33. Suits and towels.

All suits and towels must be washed with soap and boiling
water and rinsed and dried each time they are used. Unless
public suits and towels are sent to a public laundry, the management
of all swimming pools shall be required to install

modern laundry facilities for laundering suits and towels.
(Code 1959, § 31-33.)

Sec. 31-34. Spitting, blowing nose, etc., in pool.

Spitting, spouting of water, blowing the nose, etc., in the
pool shall be strictly prohibited. Bathers shall be instructed
that the scum gutter is provided for expectoration. (Code
1959, § 31-34.)

Sec. 31-35. Excluding persons with communicable diseases.

Any person having a skin disease, sore or inflamed eyes,
a cold, nasal or ear discharges or any communicable disease
shall be excluded from a public swimming pool. (Code 1959, §
31-35.)

Sec. 31-36. Instructing and warning bathers.

All bathers shall be instructed to use the toilet and particularly
to empty the bladder before taking a cleansing bath
and entering the pool.

Persons having any considerable area of exposed subepidermal
tissue, open blisters, cuts, etc., must be warned that
these are likely to become infected and advised not to use the
pool.

All bathers shall be instructed that blowing the nose to remove
water is likely to force infectious matter into the sinus
and inner ear cavities and possibly cause serious consequences.
(Code 1959, § 31-36.)

Sec. 31-37. Rough play, etc., prohibited.

No boisterous or rough play, except supervised water
sports, shall be permitted in the pool, on the runways, diving
boards, floats or platforms or in the dressing rooms, shower
rooms, etc. (Code 1959, § 31-37.)

Sec. 31-38. Operating record required; matters to be recorded.

Every swimming pool operator must be supplied with a
proper notebook or with blank forms on which shall be recorded,
every day, the number of persons using the pool, the

volume of new water added, the temperature of the water and the
temperature of the air. Whenever a pool is used by both males
and females, the number of each, whether adults or children,
shall also be recorded. At all pools where artificial circulation,
filtration or any chemical treatment is used, a full daily record
must also be kept of the actual time pumps and filters are in
operation, of the time each filter is washed or cleaned, of the time
and amount of each chemical used or added, of the time the
bottom and sides of pool are cleaned and the results of all acidity,
alkalinity and excess chlorine tests. (Code 1959, § 31-38.)

Sec. 31-39. Placards to be posted.

Suitable placards embodying the provisions of this chapter as
to personal regulations and instructions to bathers and those
relating to suits and towels must be conspicuously posted in the
pool room or enclosure and in the dressing rooms and offices at all
swimming pools. (Code 1959, § 31-39.)

CHAPTER 32.

Taxicabs and Other Vehicles for Hire.[410]

§ 32-1. Inspecting and maintaining in safe condition.

§ 32-2. Registration of vehicles; posting registration card; fees.

§ 32-3. Registration of drivers; posting registration card and photograph; fees.

§ 32-4. Bond or insurance required of operators.

§ 32-5. Rates to be charged by taxis; meters; failure to pay fare.

§ 32-6. Carrying several passengers to different destinations.

§ 32-7. Acceptance of additional passengers.

§ 32-8. Restriction on number of passengers.

§ 32-9. Refusal to carry orderly passengers.

§ 32-10. Restriction on passengers in driver's compartment.

§ 32-11. Deception of passengers.

§ 32-12. Compliance with lawful requests of passengers.

§ 32-13. Use of vehicle for unlawful purposes.

§ 32-14. Drivers to be clean and neat.

§ 32-15. Smoking and offensive use of tobacco.

§ 32-16. Cabs to be attended by drivers.

§ 32-17. Excessive noise.

§ 32-18. How passengers to enter or leave.

§ 32-19. Fare receipt.

§ 32-20. Loading and unloading.

§ 32-21. Nonpaying passengers.

§ 32-22. Alcohol and narcotics.

§ 32-23. Length of driver's working day.

§ 32-24. Stands.

§ 32-25. Compliance with laws and ordinances.

§ 32-26. Additional rules, etc.

§ 32-27. Equipment; appearance, construction and maintenance.

§ 32-28. Violations.

§ 32-29. Appeals.

§ 32-30. Permit required for operation of ambulance service.

Sec. 32-1. Inspecting and maintaining in safe condition.

Every taxi or motor vehicle operated or used upon the streets of
the city for the transportation of passengers for hire within the
city shall be thoroughly and carefully inspected by the owner and
maintained in a good and safe condition at all times. (Code 1959, §
32-1.)

Sec. 32-2. Registration of vehicles; posting registration
card; fees.

Passenger motor vehicles for hire operating within the city or
which have a terminal within the city shall be registered with the
chief of police. The registration card of each vehicle giving the
name of the owner shall be conspicuously posted in, or on, the
motor vehicle and such registration shall be subject to revocation
by the city manager or the chief of police. For such registration a
fee of two dollars for the first car and one dollar for each
additional car operated shall be paid to the city. (Code 1959, §
32-2.)

Sec. 32-3. Registration of drivers; posting registration card
and photograph; fees.[411]

No person shall drive a motor vehicle for hire in the city until
he has been registered by the chief of police. No person under the
age of eighteen years shall be registered. No such registration
shall be granted until the applicant has shown to the satisfaction
of the chief of police his good moral character, his ability to
operate such vehicle and his knowledge of the traffic ordinances
and regulations of the city. Any registration heretofore or
hereafter granted may be revoked for any cause which would
have been grounds for refusal of such registration, whether such
cause arose before or after the granting of such registration. An
initial registration fee of three dollars shall be required and such
fee, together with two photographs, post-card size, of such
applicant shall accompany each application. Annual registration
on or before May 1 is required and the fee for each successive
annual registration after the first year shall be two dollars. The
registration card, with a photograph attached, shall be
conspicuously posted in the vehicle operated by such driver.

No person shall permit any motor vehicle owned or controlled
by him to be operated for hire in the city by any person who has
not been registered by the chief of police as hereinabove provided.
(Code 1959, § 32-3; 2-20-61; 8-17-70.)

Sec. 32-4. Bond or insurance required of operators.

Every person operating motor vehicles or taxis for hire within
the city shall be required to give a satisfactory bond in the sum of
fifty thousand dollars, to cover any liability that might result to
persons or property from such operations; provided, that such
bond shall not be required when the owner of such vehicle shall
take out and keep in force public liability and property damage
insurance in some company authorized to do business in this state
on each motor vehicle as follows:

Fifteen thousand dollars for loss sustained by the insured by

reason of bodily injury to or death of any one person in one
accident;

Thirty thousand dollars for loss sustained by the insured by
reason of bodily injury to or death of more than one person in any
one accident;

Five thousand dollars for damages to property of any person
other than the insured.

Such policies or certificates thereof shall be deposited with the
chief of police. (Code 1959, § 32-4.)

Sec. 32-5. Rates to be charged by taxis; meters; failure to pay
fare.

Taximeters of standard make and design, which shall calculate
rates on the basis only of distance traveled and certain time
elapsed, shall be installed on all taxicabs operating in the city, and
the following rates are in effect for services rendered by taxicabs
and other similar passenger vehicles for hire within the corporate
limits of the city:

Seventy cents for the first one-fifth mile, or any fraction
thereof.

Ten cents for each additional one-fifth mile, or any fraction
thereof.

Twenty cents for each two minutes, or fraction thereof, of
time.

An additional twenty-five cents for each trip between 10:00
P.M. and 6:00 A.M.

Time shall only include:

Time consumed while taxicab is stopped or slowed for traffic
to a speed less than seven miles per hour; time consumed for
delays or stopovers en route at the direction of the passenger.
While such time is being charged there shall be no charge for
mileage.

All taximeters installed pursuant to this section shall be
calibrated to the above rates, shall be sealed at all times when the
taxi is in operation and shall be subject to inspection by the chief
of police or his representative at any and all times. Such
taximeters shall be operated at all times within the corporate
limits of the city when anyone is riding in the taxi other than the

driver and shall be operated in such a way as to charge the above
rates on the basis of the final destination stop.

Cards displaying the above rates shall be posted in a prominent
place in all taxicabs and other similar vehicles for hire and shall
state that if the meter is not used by the driver, the passenger
pays nothing.

It shall be unlawful for any person to refuse or fail to pay any
taxi fare charged under the provisions of this section.

It shall be unlawful for any taxi driver or taxicab owner to
violate any provisions of this section or to charge either more or
less than the fees hereby established. (Code 1959, § 32-5; 10-3-66;
3-31-69; 12-18-72; 1-9-74; 7-1-74.)

Sec. 32-6. Carrying several passengers to different
destinations.

In cases where more than one passenger enters a taxicab at the
same time bound for different destinations, the fare shall be as
follows: Whenever a passenger gets out and pays the fare, the
meter shall be reset upon that passenger's departure, but when
passengers getting out do not pay the fare, the fare shall be paid
by the last passenger delivered. (1-9-74, § 1.)

Sec. 32-7. Acceptance of additional passengers.

Whenever any taxicab is occupied by a passenger, the driver
shall not permit any other person, except a paid employee of the
taxicab owner being transported for bona fide business purposes,
to occupy or ride in such taxicab if the original passenger objects
thereto. (1-9-74, § 1.)

Sec. 32-8. Restriction on number of passengers.

Drivers shall not permit more persons to be carried in a taxicab
in the city at any one time than the seating capacity of the
taxicab, as rated by the automobile manufacturer, including the
driver, children in arms excepted. (1-9-74, § 1.)

Sec. 32-9. Refusal to carry orderly passengers.

Drivers shall not refuse or neglect to convey any orderly

person, upon request, unless previously engaged or forbidden by
the provisions of this chapter to do so. (1-9-74, § 1.)

Sec. 32-10. Restriction on passengers in driver's compartment.

At no time shall more than two persons, in addition to the
driver, ride on the front seat of any taxicab, a child in arms
excepted. (1-9-74, § 1.)

Sec. 32-11. Deception of passengers.

A driver shall not deceive or attempt to deceive any passenger
who may ride in his taxicab, or who may desire to ride in such
taxicab as to his destination or the rate of fare to be charged, and
shall not convey any passenger, or cause him to be conveyed, to a
place other than directed by him. In no event shall any driver take
a longer route to the destination than necessary, unless
requested by the passenger. (1-9-74, § 1.)

Sec. 32-12. Compliance with lawful requests of passengers.

All drivers shall comply with all reasonable and lawful requests
of the passengers as to the speed of travel and the route to be
taken. (1-9-74, § 1.)

Sec. 32-13. Use of vehicle for unlawful purposes.

No owner or driver of a public vehicle shall permit such vehicle
to be used for unlawful purposes or knowingly to transport
persons therein to places for such purposes. (1-9-74, § 1.)

Sec. 32-14. Drivers to be clean and neat.

Every driver of a taxicab while on duty shall be clean and neat
in dress and in person. (1-9-74, § 1.)

Sec. 32-15. Smoking and offensive use of tobacco.

No driver of a taxicab shall have in his possession a lighted
cigarette, cigar or pipe when any passenger being carried in his
taxicab requests him to extinguish same. No driver shall engage
chewing tobacco or using snuff when any passenger being
carried in his taxicab requests that he not do so. (1-9-74, § 1.)

Sec. 32-16. Cabs to be attended by drivers.

Every taxicab while in operation for the solicitation or
transportation of passengers shall be attended by the driver at all
times, except when such driver is actually engaged in loading or
unl ading, or in answering telephones in connection with the
business. When not so engaged in soliciting or transporting
passengers, the driver thereof shall display in a manner clearly
visible from the front of the cab a sign indicating the cab is "off
duty." (1-9-74, § 1.)

Sec. 32-17. Excessive noise.

Loud talk or calls to and from drivers of taxicabs is prohibited.
The sounding of horns or other mechanical devices for purposes
other than lawful traffic signals is also prohibited. (1-9-74, § 1.)

Sec. 32-18. How passengers to enter or leave.

Drivers shall not permit passengers to enter or to leave any
taxicab from the left side except at the left curb of one-way
streets or while parked perpendicular to the curb in places where
such parking is permitted. (1-9-74, § 1.)

Sec. 32-19. Fare receipt.

It shall be the duty of the driver to give any passenger so
requesting a receipt in writing signed by the driver and showing
his public vehicle driver's registration number, the taxicab
number, meter number, items for which charge is made, the
amount paid, time and date. (1-9-74, § 1.)

Sec. 32-20. Loading and unloading.

Drivers shall not stop to load or unload passengers or their
belongings in the intersection of any streets or on any crosswalk.
No taxicab shall load or unload in any such manner that will in
any way impede or interfere with the orderly flow of traffic on
the streets. (1-9-74, § 1.)

Sec. 32-21. Nonpaying passengers.

No nonpaying passenger shall be transported with a paying
passenger, except bona fide officers or employees of the owner or
driver trainees or a police officer engaged in the performance of
his duty and unable to obtain other adequate means of
transportation. (1-9-74, § 1.)

Sec. 32-22. Alcohol and narcotics.

At no time shall the driver of a taxicab use alcoholic beverages,
narcotics or other habit forming drugs while he is operating a
taxicab or during the eight hours immediately preceding his
operation thereof. The transportation of alcoholic beverages,
other than alcoholic beverages carried in possession of a paying
passenger, is prohibited. Violation of this section shall constitute
grounds for the immediate revocation of such driver's registration
pursuant to the provisions of section 32-28. (1-9-74, § 1.)

Sec. 32-23. Length of driver's working day.

No driver of any taxicab shall operate, nor shall taxicab owners
or their agents require drivers to operate, more than thirteen
hours in any consecutive twenty-four hour period. (1-9-74, § 1.)

Sec. 32-24. Stands.

No taxicab shall be placed upon or occupy a public vehicle
taxicab stand except for the purpose of being held forth for hire.
Vehicles shall be placed on public stands only at the rear
(approach) end and shall be moved toward and to the front of
stands immediately if space is available or when space becomes

available by the departure or movement of preceding vehicles.
When a taxicab stand is occupied by the full number of vehicles
authorized for such stand, no taxicab shall double park, loiter or
wait nearby for the purpose of occupying space on such stand.
(1-9-74, § 1.)

Sec. 32-25. Compliance with laws and ordinances.

Every taxicab shall be operated in accordance with the laws of
this state, the provisions of this Code and other ordinances of the
city, with due regard to the safety, comfort and convenience of
passengers and the general public. (1-9-74, § 1.)

Sec. 32-26. Additional rules, etc.

The city manager, with the concurrence of the city council, may
make and promulgate such additional rules and regulations as he
may deem necessary to control the operation of taxicabs. (1-9-74,
§ 1.)

Sec. 32-27. Equipment; appearance, construction and
maintenance.

In addition to equipment required of motor vehicles by the Code
of Virginia, as amended, every taxicab registered in this city
pursuant to section 32-2, whether operated as a taxicab or not:

(a) Shall display the taxicab vehicle and driver registration
cards, which shall face the passengers and be so located as to be at
all times in plain view of such passengers.

(b) Shall be equipped with a heater in good working order
sufficient to heat the interior of the taxicab adequately in cold
weather.

(c) Shall be equipped with seat belts for all passengers.

(d) Shall not be equipped with shades or curtains which can be
manipulated in such a way as to shield the occupants or the driver
from observation or obstruct the rear-view window.

(e) Shall be either of the built-for-the-purpose or of the closed
or sedan type and shall be equipped with at least two doors for the
entrance and exit of passengers, in addition to the doors which
give access to the driver's compartment. Passenger doors must be

so constructed that they will remain securely fastened during
normal operation but may be readily opened by a passenger in
case of emergency. Each door shall be constructed with a double
or safety lock.

(f) Shall be equipped with approved safety nonshatterable
glass in the windshield and all windows. The center partition, if
any, between the driver's compartment and the passenger
compartment shall be of this type glass or plastic.

(g) Shall be equipped with a standard speedometer properly
installed, maintained in good working order and exposed to view
and properly lighted at night. No taxicab shall be operated in
taxicab service while such speedometer is out of repair or
disconnected.

(h) Shall not be equipped with any other lights or signal device
except as allowed by the Code of Virginia, as amended.

(i) Shall be equipped with a taximeter as prescribed by this
chapter.

(j) Shall be equipped with an "On Call" sign, to be used when
the taxicab is en route to pick up a passenger or awaiting a
passenger at a designated place in response to the request of the
passenger. This sign shall be visible from the street and placed in
the lower right-hand corner of the front windshield or upon the
right-hand sun visor.

(k) Shall be kept in a clean and sanitary condition and shall be
swept and dusted at least once each day. At least once every seven
days the interior shall be cleansed thoroughly with suitable
antiseptic solution.

(l) Shall be painted with a distinctive color scheme and
insignia, which may be registered with the chief of police or his
duly designated representative. Once the owner of a taxicab or
taxicab fleet has registered such color scheme and insignia, no
person shall be permitted to operate under different ownership a
taxicab having a color scheme and insignia so similar as to be
confusing to the public. (1-9-74, § 1.)

Sec. 32-28. Violations.

The chief of police or a police officer duly designated by him
shall investigate all complaints of violations of this chapter and

shall maintain records of all such complaints and investigations.
If the chief of police shall find that any taxicab driver registered
under the provisions of this chapter by reason of such violations
appears to pose a threat to the health, safety, welfare or comfort
of taxicab passengers or the general public, he shall give such
driver not less than ten days' notice by certified mail to appear
before him to show cause why his registration should not be
suspended or revoked. If, after such notice and hearing, the chief
of police finds such driver to pose such a threat to health, safety,
welfare or comfort, he shall suspend the registration of such
driver for a period of not less than five nor more than ninety days,
or in the case of a violation of section 32-22, shall revoke such
license.

If the chief of police shall find that any taxi registered under
the provisions of this chapter, by reason of such violations,
appears to pose a threat to the health, safety, welfare or comfort
of the taxicab operator or passengers or the general public, he
shall give the owner of such vehicle not less than ten days' notice
by certified mail to appear before him to show cause why the
registration of such vehicle should not be suspended or revoked.
If, after such notice and hearing, the chief of police finds such
taxicab to pose such a threat to health, safety, welfare or comfort
he shall revoke the registration of such taxicab or suspend the
same until such violations have been corrected. (1-9-74, § 1.)

Sec. 32-29. Appeals.

Any driver whose license is suspended or revoked by the chief
of police pursuant to section 32-28 shall have the right to appeal to
the general district court within ten days after such suspension or
revocation is ordered. (1-9-74, § 1.)

Sec. 32-30. Permit required for operation of ambulance service.

No person shall operate or cause to be operated an ambulance
for hire with transportation both originating and terminating
within the corporate limits of the city or originating at the
University of Virginia Hospital and terminating within the city
limits or originating within the city limits and terminating at the

University of Virginia Hospital without first having applied for
and obtained a permit and contract from the city council
authorizing such operation. This section shall be effective on
January 1, 1969. (11-4-68; 4-1-69; 1-9-74, § 2.)

CHAPTER 33.

Trailers and Trailer Courts.[412]

§ 33-1. Definitions.

§ 33-2. Permits for trailers; location, etc.

§ 33-3. Trailer court permit.

§ 33-4. Limitations on rights conveyed by permits.

§ 33-5. Site requirements for trailer courts.

§ 33-6. Water supply at trailer court.

§ 33-7. Service building required for each court.

§ 33-8. Management of trailer court.

§ 33-9. Applicability of plumbing, electrical and building regulations.

§ 33-10. Enforcement of chapter; right of entry.

Sec. 33-1. Definitions.

Trailer. Any structure being used in the city for living,
sleeping, business or storage purposes, having no foundation

other than wheels, blocks, skids, jacks, horses or skirtings
and which has been, or reasonably may be, equipped with
wheels or other devices for transporting the structure from
place to place, whether by motive power or other means. The
term "trailer" shall include camp car, house trailer and house
car.

Trailer court. Any park, court, camp site or tract of land
designed, maintained or intended for the purpose of supplying
a location or accommodations for one or more trailers, including
all buildings used or intended for use as a part of the
equipment thereof, whether a charge is made for the use of
the trailer court and its facilities or not.

Trailer space. An area of ground within a trailer court or
on an individual lot for the accommodation of one trailer.
(Code 1959, § 33-1.)

Sec. 33-2. Permits for trailers; location, etc.

(a) Permit required; fee. It shall be unlawful for any person
to locate or occupy a trailer on any lot, tract or parcel
of land within the city limits without having obtained a permit
from the building inspector. A fee of five dollars shall
be charged by the building inspector for each such permit.

(b) Parking on street or public place. No trailer shall be
parked on any street, alley, lane or other public place and
used for human habitation when so parked.

(c) In R-1, R-2 or R-3 residential district. No trailer shall
be parked within any R-1, R-2 or R-3 residential district,
except under cover.

(d) Trailers without water supply and sewage disposal
system. No trailer used for human habitation which is not
provided with a water supply and a sewage disposal system
approved by the joint health board shall be parked, located
or maintained on any lot, tract or parcel of land for more than
three consecutive days.

(e) On lot on which dwelling is located. No trailer shall be
parked, located or maintained on any lot, tract or parcel of
land on which a dwelling is located, except under cover.

(f) Maximum number on one lot; water supply; sewage
disposal system; location on premises. Not more than one
trailer may be located on any lot, tract or parcel of land,

except in an approved trailer court. Any trailer parked in
a permitted location and not in an approved trailer court shall
be provided with a permanent water supply and a sewage disposal
system, shall be located not closer than fifty feet to the
front property line and shall not extend into the side or rear
yards specified in the Zoning Ordinance[413] for the district in
which the trailer is located.

(g) Temporary use as office during building operations.
One or more trailers may be temporarily used as an office
when located on the premises upon which a building is being
erected. (Code 1959, § 33-2.)

Sec. 33-3. Trailer court permit.

(a) Permit required; fee. It shall be unlawful for any
person to establish, operate or maintain or permit to be established,
operated or maintained upon any property owned or
controlled by him within the city limits a trailer court without
having first secured a special permit issued by the building
inspector. A permit fee of ten dollars, plus one dollar
for each trailer space, up to a maximum of fifty dollars, shall
be charged by the building inspector for each such permit.
Such fee shall be in addition to the fees for plumbing, electrical
and building permits, where required.

(b) Application; plan. The application for such special
permit shall include the name and address of the owner of
the tract and, if owned by some person other than the applicant,
a duly verified statement by the owner that the applicant
is authorized by him to construct or maintain the trailer
court and make the application, and such a legal description
of the premises upon which the trailer court is or will be
located as will readily identify and definitely locate the premises.
The application shall be accompanied by a court plan
showing the following:

• 1. The extent and area used for court purposes.

• 2. Roadways and driveways.

• 3. Location of spaces for trailers.

• 4. Method and plan of garbage removal.

• 5. Plan for electrical lighting of units.

• 6. Location and number of sanitary conveniences.

(c) Revocation or suspension. Whenever it is found that
any trailer court is not being operated in conformity with
the provisions of this chapter, the permit to operate it shall
be subject to revocation or suspension by the building inspector.
(Code 1959, § 33-3.)

Sec. 33-4. Limitations on rights conveyed by permits.

Permits issued under the terms of this chapter convey no
right to erect any building or to do any plumbing work or
electrical work. (Code 1959, § 33-4.)

Sec. 33-5. Site requirements for trailer courts.

(a) Water and sewer connections. No trailer court shall
be located within the city limits, unless city water and sewer
connections are available.

(b) Drainage. Every trailer court shall be located on a
well-drained area and the premises shall be properly graded
so as to prevent the accumulation of storm or other waters.

(c) Yards; distance of trailer from lot line. No occupied
trailer shall be located within the city limits within the stipulated
yard requirements for the zoning district in which such
trailer court is located, nor less than ten feet from any other
building or vehicle or the boundary line of the tract on which
it is located.

(d) Dimensions of trailer spaces; driveways; entrances
and exits. Trailer spaces shall be not less than twenty-five
by thirty-five feet and shall be clearly designated by proper
markers at each corner. The trailer court shall be so arranged
that all trailer spaces shall face or abut on a driveway
not less than eighteen feet in width, giving easy access to a
public street. Such driveway shall be paved and maintained
in good condition, be well lighted at night and shall not be
obstructed. All entrances and exits from the trailer court
shall be well marked and so arranged that they may be easily
controlled and supervised.

(e) Electrical service outlets. Every trailer space shall be
furnished with a weatherproof 110-115 volt service outlet.
Such outlet shall be equipped with an externally operable
switch or fuse of not more than thirty amperes capacity and
a heavy duty outlet receptacle.

(f) Compliance with Zoning Ordinance.[414] Trailer courts
shall be located only in districts where they are permitted
by the Zoning Ordinance. (Code 1959, § 33-5.)

Sec. 33-6. Water supply at trailer court.

Each trailer court shall provide an adequate supply of
water, furnished through a pipe distribution system connected
directly with the city water main, with supply faucets located
to serve each trailer space. (Code 1959, § 33-6.)

Sec. 33-7. Service building required for each court.

Each trailer court shall have erected thereon a suitable
building for housing sanitary facilities, subject to approval
by the joint health department. (Code 1959, § 33-7.)

Sec. 33-8. Management of trailer court.

A copy of the trailer court permit and this chapter shall
be posted on the premises of each trailer court.

It is hereby made the duty of the attendant or person in
charge of each trailer court, together with the permit
holder, to:

(a) Keep at all times a register of all guests, which shall
be open at all times to inspection by state and federal officers
and officers of the city, showing for all guests:

(1) Names and addresses;

(2) Dates of entrance and departure;

(3) License numbers of trailers and towing or other automobiles
and the states issuing such licenses.

(b) Maintain the court in a clean, orderly and sanitary
condition at all times.

(c) See that the provisions of this chapter are complied
with and enforced and report promptly to the proper authorities
any violations of this chapter or any other violations
of municipal regualtions which may come to his attention.

(d) Prohibit the burning of trash or garbage on the premises,
unless in an incinerator or similar device. (Code 1959, §
33-8.)

Sec. 33-9. Applicability of plumbing, electrical and building
regulations.

All plumbing, electrical, building and other work on or at any
trailer court permitted under this chapter shall be in accordance
with regulations of the city in force at the time such work is done.
(Code 1959, § 33-9.)

Sec. 33-10. Enforcement of chapter; right of entry.

It shall be the duty of the building inspector to administer all
provisions of this chapter. For the purpose of securing such
enforcement, any member of the building department may enter
upon any premises on which any trailers are located or are about
to be located and inspect the same and all accommodations
connected therewith at any reasonable time. (Code 1959, § 33-10.)

CHAPTER 34.

Reserved.

CHAPTER 35.

Water.[415]

§ 35-1. Application for service; deposits; making connections and installing
meters; temporary connection; charge for turning on water.

§ 35-2. Rates.

§ 35-3. Charge when meter fails to register.

§ 35-4. When bills payable.

§ 35-5. Cutting off service for nonpayment of bills.

§ 35-6. Charge for connecting after water cut off for nonpayment.

§ 35-7. Complaints against water bills; testing meters.

§ 35-8. Authority to furnish to consumers outside city; connecting charge;
contract.

§ 35-9. Unauthorized persons turning water on or off, etc.

§ 35-10. Opening fire hydrants.

§ 35-11. Steam boilers taking water directly from service pipe.

§ 35-12. Classification of premises; consumer may have more than one connection
and meter.

§ 35-13. Obstructing access to meters.

§ 35-14. Taps on raw water line.

§ 35-15. Wrongful connections.

§ 35-16. Use of water from another's premises.

§ 35-17. Defacing or injuring waterworks, obstructing fixtures, wasting water,
etc.

§ 35-18. Right of access to premises supplied with water.

§ 35-19. Inspection, maintenance and use of pipe lines laid by property owners.

§ 35-20. Covering and location of service lines to houses.

§ 35-21. Air conditioning or refrigeration systems.

Sec. 35-1. Application for service; deposits; making connections
and installing meters; temporary connection;
charge for turning on water.

Whenever any person owning or leasing property along a street
in which a city water main has been installed desires the
introduction of water onto his premises, he shall make written
application to the director of finance, on forms prescribed by the
director of finance and approved by the city manager, which shall
set forth the name of the applicant, the location and description of
the property into which the water is to be introduced and the
purpose for which the water is to be used. For domestic

consumers, such application shall be accompanied by a deposit of
five dollars if the water is furnished within the city and ten
dollars if the water is furnished outside the city. For commercial
consumers, the deposit shall be based upon the estimated
consumption, but shall not exceed twenty-five dollars.

In addition to such deposits, there shall be a charge of two
hundred thirty-five dollars, payable upon such application, for the
installation and connection of a five-eighths inch water meter to
the city's main. If the applicant desires a larger service and meter
than the foregoing, he shall be furnished an estimate of the cost of
providing such service, including the cost of the meter and repairs
to the street, by the city engineer and, after the payment of this
estimate and approval by the city manager, the city shall cause
the service and meter to be installed.

All installations made pursuant to this section from and
including the meter to the main shall be the property of the city
and the city shall maintain such service and meter.

There shall be a charge of twenty-five dollars, payable in
advance, for all temporary connections.

There shall be a service charge of two dollars for turning on
water. (Code 1959, § 35-1; 1-3-61; 8-5-63; 8-17-70; 12-31-73, § 1.)

Sec. 35-2. Rates.

Water rates shall be as follows:

Consumers inside city.

   

Minimum charge (300 cu. ft.)	$2.00
All over 300 cu. ft. per 1,000 cu. ft.	3.75

Consumers outside city.

The rates for consumers outside of the city shall be one hundred
per cent in addition to the above-named rates.

Special contracts.

This section shall not apply to special contracts for the
consumption of water which have been authorized by the city
council. (Code 1959, § 35-2; 8-20-62; 12-31-73.)

Sec. 35-3. Charge when meter fails to register.

If any water meter shall fail to register, the charge shall be the
average reading for the three preceding months. (Code 1959, §
35-3.)

Sec. 35-4. When bills payable.

All water accounts shall be due and payable monthly on or
before the fifteenth day after a statement is rendered. (Code 1959,
§ 35-4.)

Sec. 35-5. Cutting off service for nonpayment of bills.

The director of finance shall have the right to disconnect and
cease furnishing water to any consumer who is delinquent in the
payment of his account after the fifteenth day subsequent to the
rendering of a statement. (Code 1959, § 35-5.)

Sec. 35-6. Charge for connecting after water cut off for
nonpayment.

For turning water on again after it has been cut off for
nonpayment of a bill, there shall be a charge of two dollars,
payable in advance. (Code 1959, § 35-6; 12-31-73, § 1.)

Sec. 35-7. Complaints against water bills; testing meters.

A complaint against a water bill shall not be taken as a proper
excuse for the complainant not paying such bill when due, nor
exempt him from the imposition of penalties for failure to pay his
bill at the proper time.

On request of the consumer, the city shall cause the water
meter to be tested, and if the meter is found inaccurate, exceeding
two per cent, the meter shall be replaced at the expense of the
city. If the meter is found to be accurate within two per cent, the
consumer shall pay five dollars for this service. (Code 1959, § 35-7;
12-31-73, § 1.)

Sec. 35-8. Authority to furnish to consumers outside city;
connecting charge; contract.

No city water shall be furnished to any person outside of the
city, other than those now being supplied, unless the same shall
be authorized by the city council; except, that in outside areas
where city water mains have been extended, with the approval of
the city council, the city manager may grant a county connection
without further authorization from the city council.

Each new consumer outside the city shall pay a connection
charge of two hundred thirty-five dollars in advance for a
five-eighths inch water meter; if the applicant desires a larger
service and meter than the foregoing, he shall be furnished an
estimate of the cost of providing such service, and shall execute
such water contract as may be required by the city manager.
(Code 1959, § 35-8; 1-3-61; 4-19-71; 12-31-73, § 1.)

Sec. 35-9. Unauthorized persons turning water on or off, etc.

No person, other than a regular licensed plumber or his
authorized agent, acting under authority of sections 22-1 to 22-55,
or one of the city's authorized personnel, while acting in his
official capacity, shall turn off or on or cause to be turned off or
on the city water at the curb stopcock box or meter box or remove
or replace a water meter or connect the city water with the house
service after a meter has been removed or make any connection
around a meter or otherwise change any portion of the city's
water system. (Code 1959, § 35-9; 7-15-63.)

Sec. 35-10. Opening fire hydrants.

Fire hydrants shall not be opened without the written consent
of the city manager, except for use in extinguishing fires. (Code
1959, § 35-10.)

Sec. 35-11. Steam boilers taking water directly from service
pipe.

Steam boilers taking a supply of water directly from the
service pipe, depending upon the hydraulic or hydrostatic
pressure in the pipe system in the waterworks for supplying

such boilers under pressure, are required to have tanks
erected that will contain an ample supply of water for
supplying such boilers for at least ten hours, in case the water
is cut off for necessary repairs or extensions, and the city shall
not be responsible for any accidents or damages resulting from
such necessary discontinuance of water supply. (Code 1959, §
35-11.)

Sec. 35-12. Classification of premises; consumer may have
more than one connection and meter.

For the purpose of supplying city water, each premises shall be
placed in one or more of the following classes:

First. A building under one roof and occupied as one residence,
business or manufacture.

Second. A combination of buildings in one common enclosure
and occupied by one family, business or manufacture.

Third. A tenement or apartment house.

Fourth. A building of one or more apartments or offices or
both.

Fifth. A vacant lot or tract of land.

The owner of premises within each such class shall constitute a
water consumer for which a minimumm charge will be made. If an
owner elects so to do, he may have more than one connection and
one meter, for each of which a minimum charge shall be made.
(Code 1959, § 35-12.)

Sec. 35-13. Obstructing access to meters.

No person shall in any manner obstruct the free access to any
water meter. (Code 1959, § 35-13.)

Sec. 35-14. Taps on raw water line.

No taps shall be made on the raw water line for consumers.
(Code 1959, § 35-14.)

Sec. 35-15. Wrongful connections.

No person shall introduce, from the city waterworks, water

upon any premises except as provided in this chapter. (Code 1959,
§ 35-15.)

Sec. 35-16. Use of water from another's premises.

No occupant of any premises upon which water has been
introduced shall permit water to be used, taken or received

by any person other than the occupant or members of his
family or visitors, except as provided in this chapter, and the
person so using, carrying or receiving the water from such
premises shall be equally responsible for violations of this
section; provided, that this shall not be construed so as to
prevent any person who has contracted for water on his own
premises, and whose fixtures are out of order, from obtaining
water from some other person, with the consent of the person
occupying such premises. (Code 1959, § 35-16.)

Sec. 35-17. Defacing or injuring waterworks, obstructing fixtures,
wasting water, etc.

No person shall deface or injure any fixtures connected
with or pertaining to the waterworks, place any building
material, rubbish or other matter upon the stopcock of any
street main or service pipe, obstruct access to any fixture
connected with the waterworks, open any pipe, fire hydrant
or cock, so as to waste water, or use city water for a purpose
for which he has neither paid nor contracted. (Code 1959, §
35-17.)

Sec. 35-18. Right of access to premises supplied with water.

Every person occupying any lot or tenement into which
water is conveyed under this chapter shall permit any authorized
agent of the city to enter such lot or tenement, at
reasonable hours, to inspect the works therein or to see if the
provisions of the law have been violated. (Code 1959, § 3518.)

Sec. 35-19. Inspection, maintenance and use of pipe lines laid
by property owners.

Before the city furnishes water through pipe lines laid by
property owners, such private lines, including the size, location
and construction, shall be inspected and approved by the
city manager or his authorized representative. Whenever
the city furnishes water through any privately laid pipe lines,
the city shall maintain such lines so long as it furnishes water
through them. In consideration of such maintenance, the city
shall have the right to connect with and furnish water to
such additional consumers through such lines as the city may

determine, without any charge being made by the owners
of the lines to the city or to the owners of any property connected
therewith. (Code 1959, § 35-19.)

Sec. 35-20. Covering and location of service lines to houses.

All water service lines to houses shall be installed in the
ground with a minimum of eighteen inches of earth covering
and shall in no case be installed nearer than five feet at any
point to a sewer service line. (Code 1959, § 35-20.)

Sec. 35-21. Air conditioning or refrigeration systems.

No individual or collective air conditioning or refrigeration
system which is installed, replaced or enlarged after April 21,
1958, and receives its water supply from the city water department,
shall be permitted to use at any time more than
the equivalent of a continuous flow of seven gallons of water
per minute. All individual or collective air conditioning and
refrigeration systems installed, replaced or enlarged after
April 21, 1958, and using water from the city water department
in excess of seven gallons per minute shall be equipped
with a water-conserving device, such as an economizer,
evaporative condenser, water cooling tower or other similar
apparatus, which conserving device shall not consume for
makeup purposes in excess of fifteen per cent of the consumption
that would normally be used without such device.

In order to enforce the provisions of this section, any authorized
personnel of the city shall have the right of entry
upon any premises affected hereby for the purpose of inspecting
any such air conditioning or refrigeration system. (Code
1959, § 35-21.)

CHAPTER 36.

Weights and Measures.[416]

§ 36-1. Appointment of city sealer; compensation.

§ 36-2. Powers and duties of sealer generally.

§ 36-3. Sealer's records and reports.

§ 36-4. Procuring and keeping set of weights and measures.

§ 36-5. Sealing or marking weights and measures.

§ 36-6. Condemnation and destruction of incorrect weights and measures;
condemnation for repairs; rejected weights and measures.

§ 36-7. Police powers of seal or generally; seizure for use as evidence
of certain weights, measures, etc.

§ 36-8. Hindering or obstructing city sealer.

§ 36-9. Miscellaneous offenses in regard to weights and measures.

§ 36-10. Sale or delivery of solid fuel—Registration of dealers.

§ 36-11. Same—Delivery tickets.

§ 36-12. Same—Weights taken and attested by city sealer.

Sec. 36-1. Appointment of city sealer; compensation.[417]

The city council may appoint a city sealer of weights and
measures, who shall hold office at the will of the city council
and shall receive such salary as the city council may prescribe.
(Code 1959, § 36-1.)

Sec. 36-2. Powers and duties of sealer generally.[418]

When not otherwise provided by law, the city sealer shall
have the power and it shall be his duty within the city to inspect,
test, try and ascertain if they are correct. All weights,
measures and weighing or measuring devices kept, offered or
exposed for sale, sold, used or employed within the city by
any proprietor, agent, lessee or employee in proving the size,
quantity, area or measurement of quantities, things, produce
of articles for distribution or consumption purchased or offered

or submitted by such person for sale, hire or award.
He shall have the power to and shall from time to time weigh
or measure and inspect packages or amounts of commodities
of whatsoever kind kept for the purpose of sale, offered or
exposed for sale, sold or in the process of delivery, in order
to determine whether the same contain the amounts represented
and whether they be kept, offered or exposed for sale
or sold in a manner in accordance with law. He shall at least
twice each year and as much oftener as he may deem necessary
see that all weights, measures and weighing or measuring
devices used in the city are correct. He may, for the purpose
above-mentioned, and in the general performance of his
official duties, enter and go into or upon, and without formal
warrant, any stand, place, building or premises, or stop any
vendor, peddler, junk dealer, coal wagon, ice wagon, delivery
wagon or any person whomsoever, and require him, if necessary,
to proceed to some place which the sealer may specify,
for the purpose of making the proper tests. Whenever the
city sealer finds a violation of the ordinances or statutes relating
to weights and measures, he shall cause the violator to
be prosecuted.

The city sealer shall have such other powers and perform
such other duties as are provided by law or as may be required
of him by the city council or the city manager. (Code 1959,
§ 36-2.)

Sec. 36-3. Sealer's records and reports.

The city sealer shall keep a complete record of all of his official
acts, and shall make an annual report to the city council,
and an annual report duly sworn to, on the first day of October,
to the state commissioner of agriculture and immigration, on
blanks furnished by the latter, and, also, any special reports
that the latter may request. (Code 1959, § 6-3.)

Sec. 36-4. Procuring and keeping set of weights and measures.[419]

The city council shall procure, at the expense of the city,
and keep at all times, such standards of weight and measure
and such additional equipment, to be used for the enforcement

of the provisions of this chapter and of the laws of the state,
as may be prescribed by the state commissioner of agriculture
and immigration. When such standards of weight and measure
shall have been examined and approved by the state commissioner
of agriculture and immigration they shall be the official
standards for the city. It shall be the duty of the city
sealer to make, or to arrange to have made, at least as frequently
as once a year, comparisons between his field standards
and appropriate standards of a higher order belonging
to the city or to the state, in order to maintain such field
standards in accurate condition.

Sec. 36-5. Sealing or marking weights and measures.[420]

The city sealer shall approve for use and seal or mark such
weights and measures as he finds upon inspection and test to
be "correct", as such term is defined in section 3-708.8 of the
Code of Virginia, and shall reject and mark or tag as "condemned
for repairs" such weights and measures as he finds
upon inspection or test to be "incorrect", as defined in section
3-708.8 of the Code of Virginia, but which, in his best judgment,
are susceptible of satisfactory repair; provided, that
such sealing or marking shall not be required with respect
to such weights and measures as may be exempted therefrom
by a regulation of the state board of agriculture and immigration
under the authority of section 3-708.8 of the Code of
Virginia.

Sec. 36-6. Condemnation and destruction of incorrect weights
and measures; condemnation for repairs; rejected
weights and measures.[421]

(a) The city sealer shall condemn, and may seize and may
destroy, weights and measures found to be incorrect that, in
his best judgment, are not susceptible of satisfactory repair.
Weights and measures that have been "condemned for repairs"
may be confiscated and may be destroyed by the city
sealer if not corrected as required by subsection (b) of this
section, or if used or disposed contrary to the requirements of
such subsection (b).

(b) Weights and measures that have been rejected or condemned
for repair under the authority of the city sealer shall
remain subject to the control of the city sealer until such time
as suitable repair or disposition thereof has been made as
required by this subsection. The owners of such rejected
weights and measures shall cause the same to be made correct
within such time as may be authorized by the city sealer, or,
in lieu of this, may dispose of the same, but only in such a
manner as is specifically authorized by the city sealer. Weights
and measures that have been rejected shall not again be used
commercially until they have been officially re-examined and
found to be correct or until specific written permission for
such use is issued by the city sealer.

Sec. 36-7. Police powers of sealer generally; seizure for use
as evidence of certain weights, measures, etc.[422]

With respect to the enforcement of this chapter or any other
ordinances of the city or any of the laws of the state dealing
with weights and measures which he may be empowered to enforce,
the city sealer is hereby vested with police powers, and
is authorized to arrest any violator of such Code, ordinances
or laws and to seize as evidence, without formal warrant, incorrect
or unsealed weights and measures or amounts or packages
of commodities, found to be used, retained, offered or exposed
for sale or sold in violation of law. In the performance
of his official duties, the city sealer is authorized to enter and
go into or upon, without formal warrant, any structure or
premises, and to stop any person whatsoever, if necessary to
apprehend such person, and to require him to proceed, with
or without any vehicle of which he may be in charge, to some
place which the city sealer may specify.

Sec. 36-8. Hindering or obstructing city sealer.[423]

No person shall hinder or obstruct in any way the city
sealer in the performance of his official duties. (Code 1959,
§ 36-8.)

Sec. 36-9. Miscellaneous offenses in regard to weights and
measures.[424]

No person, by himself or by his servant or agent, or as the
servant or agent of another person, shall:

(a) Use or have in possession for the purpose of using for
any commercial purpose, sell, offer or expose for sale or hire
or have in possession for the purpose of selling or hiring, an
incorrect weight or measure or any device or instrument used
to or calculated to falsify any weight or measure.

(b) Use or have in possession for the purpose of current
use for any commercial purpose specified in section 3-708.10
of the Code of Virginia a weight or measure that does not
bear a seal or mark such as is specified in section 36-5 or in
section 3-708.16 of the Code of Virginia unless such weight
or measure has been exempted from testing by the provisions
of section 3-708.10 of the Code of Virginia or by a regulation
of the state board of agriculture and immigration.

(c) Dispose of any rejected or condemned weight or measure
in a manner contrary to law or regulation.

(d) Remove from any weights or measures, contrary to law
or regulation, any tag, seal or mark placed there by the appropriate
authority.

(e) Sell or offer or expose for sale less than the quantity
he represents of any commodity, thing or service.

(f) Take more than the quantity he represents of any commodity,
thing or service when, as buyer, he furnishes the
weights or measures by means of which the amount of the
commodity, thing or service is determined.

(g) Keep for the purpose of sale, advertise, or offer or
expose for sale or sell any commodity, thing or service in a
condition or manner contrary to law or regulation.

(h) Use in retail trade, except in the preparation of packages
put up in advance of sale and of medical prescriptions,
a weight or measure that is not so positioned that its indications
may be accurately read and the weighing or measuring
operation observed from some position which may be reasonably
assumed by a customer.

Sec. 36-10. Sale or delivery of solid fuel — Registration of
dealers.

Every person who shall sell or deliver or attempt to sell or
deliver solid fuel, consisting of coal, coke or any manufactured
or patented fuel not sold by liquid or metered measure,
to consumers in the city, or who shall solicit, receive or take
orders for the sale or delivery of such solid fuel to consumers
in the city, hereinafter termed a coal dealer, shall, before
doing so, register his name with the city sealer of weights
and measures. (Code 1959, § 36-10.)

Sec. 36-11. Same—Delivery tickets.[425]

Every delivery of solid fuel as aforesaid shall be accompanied
by a delivery ticket which shall show:

(1) The coal yard, storage yard or other point of origin
from which delivery is being made;

(2) A brief description of the kind and grade of solid fuel
being delivered, attested by the signature of the owner of the
point of origin or his agent;

(3) The name and address of the person claiming to be the
owner of the load of solid fuel being delivered;

(4) The name and address of the purchaser;

(5) The gross, tare and net weight of the load being delivered,
taken the same day on which delivery is being made,
on scales which have been duly tested, approved and sealed
by the sealer of weights and measures of the city and the
date and time the same was taken, and the license number
of the vehicle so weighed, attested by a weigh master appointed
by the sealer of weights and measures of the city.
(Code 1959, § 36-11.)

Sec. 36-12. Same—Weights taken and attested by city sealer.

The weights required to be stated on the delivery ticket
may also be taken and attested by the sealer of weights and
measures of the city or his deputy, and on application by any
coal dealer he shall weigh and determine the gross, tare and
net weights and attest the same as required in paragraph (5)

of section 36-11, for which service the coal dealer whose load
is so weighed by the city sealer of weights and measures or
his deputy shall pay to the city five cents per ton of solid fuel
so weighed. (Code 1959, § 36-12.)