University of Virginia Library

I. PART I

Charter of the City of Charlottesville

As contained in an act of the General Assembly of Virginia,
approved March 28, 1946 (Acts 1946, c. 384, p. 729), and all
acts amendatory thereof.[1]

§ 1. Enactment.

§ 2. Boundaries; corporate status.

§ 3. University of Virginia excluded from city.

§ 4. Wards.

§ 5. Elective officers; qualifications; terms; form of government; corporate
powers vested in council; salaries of councilmen and
mayor; city manager; director of finance.

§ 5.1. Advisory referendum on ordinances or charter amendments.

§ 6. Officers and clerks elected by council.

§ 7. Oaths of office and qualification of officers; failure to qualify.

§ 8. Vacancy in office of mayor or councilmen.

§ 9. Council—President and vice-president.

§ 10. Same—Quorum.

§ 11. Same—President and vice-president entitled to vote.

§ 12. Same — Authority generally; meetings; journal of proceedings;
general ordinance book; inspection of documents and papers.

§ 13. Same—Minutes.

§ 14. Same—Powers enumerated.

§ 14-a. Approval of public housing projects by council.

§ 14-b. Referendum on introduction of fluorine, sodium fluoride, etc.,
into city water system.

§ 15. Same—Borrowing in anticipation of taxes; evidences of debt;
interest.

§ 16. Special assessments for local improvements.

§ 17. Enactment of ordinances, etc.; punishment for violation; enjoining
violation; appeal to corporation court.

§ 18. Conservators of the peace.

§ 19. Budget; levy of taxes.

§ 20. Tax levy; subjects of taxation; rate; lien on real property; sale
of land for delinquent taxes.

§ 21. Appropriations for advertising city.

§ 22. License taxes generally; vehicles using streets; schedule of charges
for vehicles for hire.

§ 23. Collection of revenue; custodian of city funds.

§ 24. Reports of director of finance; publishing.

§ 25. Refunding bonds.

§ 26. Sinking fund.

§ 27. Loans and bonds; debt limitation; bond elections.

§ 28. Sale of public utilities; approval by voters.

§ 29. City sheriff.

§ 30. Authority of officers appointed by council.

§ 31. Prohibition of immoral shows, etc.

§ 32. Repealed.

§ 33. Judge of the municipal court.

§ 34. Salaries fixed by council.

§ 35. Stated and special meetings of council.

§ 36. Granting franchises.

§ 37. Receipt and disbursement of monies by treasurer.

§ 38. Recovery against treasurer and sureties.

§ 39. Collection of fines.

§ 40. Animals running at large.

§ 41. Taking or damaging private property.

§ 42. Encroachments upon streets.

§ 43. Filing claim for damages condition precedent to action against
city.

§ 44. Continuance of rights, etc., of city; continuation of ordinances and
resolutions.

§ 45. Corporation court; legislative and senatorial districts.

§ 45-a. School board.

§ 46. Water supply and sewerage system.

§ 47. Elections.

§ 48. County property within city limits; arbitration; school property in
Charlottesville school district; Miller Manual Labor School.

§ 49. Board of arbitrators established; composition; duties; awards.

§ 50. Same person may hold county and city office.

§ 50.1. Adoption of certain sections of Code of Virginia.

§ 50.2. Search warrants.

§ 50.3. Qualifications of members of advisory boards and commissions.

§ 51. Partial invalidity.

Sec. 1. Enactment.

A new Charter is hereby provided for the City of Charlottesville
in the form and manner following:

Sec. 2. Boundaries; corporate status.

So much of the land that lies and is contained in the following
boundaries: Beginning at a cross on rock on hill
ninety-two feet southeast of center line of traveled way Ridge
Street a corner to the present corporation line, thence with
it north thirty-two degrees thirty minutes west at five hundred
and twenty-one feet Old Lynchburg Road at one thousand
three hundred and six feet Seven and One-half Street
S. W. extended in all three thousand one hundred fifty-two
and four-tenths feet to a stake east bank of a small branch
and north forty degrees east seventy-six feet from center of
top of manhole, thence new lines south thirty-five degrees
thirty-eight minutes west two hundred thirteen and seven-tenths
feet to a stake, south thirty-eight degrees eight minutes
west one thousand one hundred nineteen and two-tenths
feet to a stake, south eighty-nine degrees forty-seven minutes
west two hundred thirteen and seven-tenths feet to a stake
sixteen feet northeast of branch, thence crossing branch south
eighty-two degrees thirty-nine minutes west one hundred
eighty-five and six-tenths feet to a stake north eighty-seven
degrees forty-four minutes west three hundred thirty-four
feet to a stake south eighty-nine degrees forty-seven minutes
west two hundred and five-tenths feet to a stake south sixty-five
degrees thirty-nine minutes west one hundred sixty-two
and three-tenths feet, south fifty-six degrees forty-seven minutes
west one hundred ninety-seven and two-tenths feet south
fifty-four degrees twenty-three minutes west three hundred
forty-three and two-tenths feet to a stake, south forty-four
degrees fifty-eight minutes west eight hundred thirty-seven
feet to a stake fourteen feet beyond a branch and twenty-five
feet beyond a large poplar, side line, thence south twenty degrees
twenty-two minutes west at four hundred ninety-six
feet a small fore and aft pine in all one thousand and nine
and five-tenths feet to a stake, south seventeen degrees thirty-eight
minutes east one thousand three hundred four feet to
a stake in Martin's lot one hundred eighty and four-tenths

feet beyond an iron in Harris Road, thence through Martin's,
Misses Harris and Monte Vista south sixty-one degrees fifty-two
minutes west one thousand six hundred eighty-one and
two-tenths feet to a stake, thence through Monte Vista and
Jefferson Park north forty-three degrees eight minutes west
at one hundred thirty-two and one-tenth feet a point which
is south twelve west seventeen and six-tenths feet from iron
at southwest corner Harry Gay lot at end of Monte Vista
Avenue at six hundred eighty-two and two-tenths feet Old
Lynchburg Road in all one thousand five hundred fifty-nine
feet to a stake back of Eton Circle, thence north twenty-three
degrees nineteen minutes west four hundred twelve and seven-tenths
feet to a stake in lot No. 39 (J. M. Clark & Sons)
six and four-tenths feet beyond line of lot No. 40 (Johnson),
thence north two degrees forty minutes west at one hundred
forty-four feet a stack in line of lot No. 38 (Blume) and
two hundred twenty-seven and eight-tenths feet from iron
on Hill Top Road a corner of Clark, and Blume, at two thousand
and ninety-seven feet a stake in north edge Stribling
Avenue fifty-one and seven-tenths feet west of iron corner to
Lovell, at two thousand five hundred seven and six-tenths
feet center Southern R. R. one thousand ninety-seven feet
northeast from mile post 114, at three thousand three hundred
eleven and five-tenths feet stake north margin state road
No. 29, one hundred twenty-eight and nine-tenths feet west
of iron at corner Piedmont Street, at four thousand one hundred
seventy-eight feet Old Lynchburg Road one hundred
twenty-six feet west of iron, thence crossing said road to its
northern margin in the same line to a point, thence in an
easterly direction along the northern margin of said road to
the western boundary of the University of Virginia lands;
thence with the dividing line between the lands of the University
of Virginia and Homer Richey in a northerly and
westerly direction to a point on the line which crosses U. S.
29 and previously described as having a course of north two
degrees forty minutes west; thence with said line north two
degrees forty minutes west to an iron fifty-one and eight-tenths
feet beyond center of Observatory Road, thence a line
north thirty-seven degrees fifty-eight minutes east to the line
of the property of W. C. Chamberlain, thence in an easterly
direction with said Chamberlain line to the eastern margin
of the cemetery road, thence with the eastern margin of said
cemetery road in a northwesterly and northeasterly direction
to the southern margin of state road No. 250; thence crossing
said road to an iron thirty feet from the center of same, said
crossing of the center line of Ivy Road being approximately
seven hundred seventy-two feet east of the center of the
underpass on the Owensville Road; thence through Massie
and Duke north sixty degrees thirty-four minutes east three
hundred seventy-seven and six-tenths feet to an iron in the
center C. & O. R. R. nine hundred forty-five feet east of center
bridge over Owensville Road and one thousand eight hundred
and one feet west of center bridge over state road No.
29; thence north seventy-four degrees forty-five minutes east
one thousand five hundred and seven and four-tenths feet to
stake north thirty-nine degrees forty-nine minutes east two
hundred fifty-five and eight-tenths feet to a stake, north one
degree fifty minutes east two hundred forty-one and six-tenths
feet to a stake, north twenty-four degrees fifty-one
minutes east one thousand two hundred eighty-four feet to a
stake and small sassafras pt. on hill, north forty-one degrees
six minutes east four hundred seventy-four and three-tenths
feet to a stake and small sassafras pt. on hill, north forty-one
degrees fifty-one minutes east five hundred and one and
six-tenths feet to a stake twenty-six feet left of Meadow
Creek north twenty degrees fifty-three minutes east three
hundred thirty-two feet to a stake, thence crossing Meadow
Creek north fifty-seven degrees sixteen minutes east one hundred
and eight and nine-tenths feet to a stake, north forty-seven
degrees fifty-four minutes east two hundred and five
feet to stake, thence recrossing Meadow Creek north fifty-three
degrees fourteen minutes east three hundred fifty and
five-tenths feet to nail in center Barracks Road two hundred
ninety-two feet north and west from center state road No. 29,
thence through Siegfried north thirty-one degrees fifty-four
minutes east nine hundred twenty-one and five-tenths feet to
stake, thence south eighty-degrees forty minutes east at three
hundred and two and four-tenths feet center state road No. 29,
thence through Virginia Earhart, City of Charlottesville, and
Meadow Brook Hills, in all two thousand one hundred thirty-six
feet to a stake in Meadow Brook Hills, thence north
seventy-two degrees twenty minutes east four hundred ninety-nine
and one-tenth feet to an iron in south edge macadam
Hydraulic Road (Rugby Road extended), thence with the
southern margin of Hydraulic Road in an easterly direction
to its intersection with the northern margin of Dairy Road
projected, thence in an easterly direction with the northern
margin of Dairy Road to its intersection with the eastern
margin of Hill Top Road, thence in a southerly direction with
the eastern margin of Hill Top Road, to a concrete monument
on said road at a point which is south fifteen degrees thirty-three
minutes from a stake located ten feet southeast of a
large poplar south of Dairy Road to its intersection with the
eastern margin of Hill Top Road, of Gentry Woods, thence
through Rugby Hills and E. K. O'Brien tracts south thirty-five
degrees twenty-eight minutes east to the western line of
the McIntire municipal park, thence in a northeasterly, southeasterly
and southerly direction with the northwesterly,
northerly and easterly lines of the McIntire municipal park
to a concrete monument of Schenk's Branch, thence south
eighty-one degrees thirty-one minutes east crossing an iron
in Park Street, extended, sixty-seven and eight-tenths feet
southwest from the southwest corner of a capstone on the
north rock column of the Wilder most northerly entrance,
and continuing thence by the same course through the lands
of Wilder to a stake in Smith's land two hundred thirty and
six-tenths feet northwest of the iron corner at the present
corporation line at the end of Locust Avenue, thence south
eight degrees twenty minutes south two hundred thirty and
six-tenths feet to iron at end of Locust Avenue corner
present corporation line in all three thousand one hundred
twenty-six and five-tenths feet to point on outside edge of
five-foot cement walk and one and six-tenths feet from its
northwest corner at southwest corner bridge over the Rivanna
River, thence through Albemarle golf course south thirteen
degrees one minute west three hundred ten and eight-tenths
feet to stake near west bank Rivanna River, thence south
thirty-eight degrees twenty-four minutes west two hundred
eighty-nine and three-tenths feet to stake, south twenty-one
degrees twenty-nine minutes west three hundred eighty-six
and one-tenth feet to a stake, south one degree thirty-four
minutes west three hundred fourteen feet to stake, south four
degrees thirty-six minutes west three hundred ninety-four
and seven-tenths feet to stake, south nineteen degrees thirty-nine
minutes west three hundred fifty-five and four-tenths
feet to stake, south twenty-two degrees two minutes west
two hundred fifty-seven and four-tenths feet to a stake, and
south seven degrees thirty minutes east one hundred thirty-six
and five-tenths feet to a stake, thence leaving river south
twenty-five degrees forty-one minutes west at one thousand
four hundred ninety-six feet center concrete Woolen Mills
Road, thence through N. F. Leake & c. at two thousand five
hundred eighty-seven and six-tenths feet iron center C. & O.
R. R. one thousand one hundred nineteen and five-tenths feet
east of Richmond and Clifton Forge division sign, thence
through Horace Ferron, & c. at two thousand seven hundred
fifty-eight and seven-tenths feet an iron in all three thousand
and fifty-nine and three-tenths feet to iron in north bank Carlton
Road, thence in a southeasterly direction to a point on
Franklin Street, which point is one hundred fifty feet east of
the eastern margin of Nassau Street, thence a line in a southwesterly
direction one hundred fifty feet east of and parallel
to the eastern margin of Nassau Street, thence continuing said
line in a westerly direction one hundred fifty feet south of
and parallel to the southern margin of Nassau Street to its
intersection with the eastern margin of Monticello Road,
thence in a southerly direction with the eastern margin of
Monticello Road to a monument opposite the southern margin
of the old Quarry Road, thence in a westerly direction with
the southern margin of said old Quarry Road, to a concrete
monument between Rockland and Palatine Avenues, thence
a line north fifty-nine degrees five minutes west to an iron
in the east bank of the old Scottsville Road or Sixth Street,
S. E., thence with present corporate line north seventy-eight
degrees fifty minutes west two thousand three hundred forty-two
feet to the beginning, shall be and is hereby, made the
City of Charlottesville; and the inhabitants of the City of
Charlottesville for all purposes for which towns and cities
are incorporated in this commonwealth, shall continue to be
one body, politic in fact and in name, under the style and
denomination of the City of Charlottesville, and as such shall
have all the rights, immunities, powers, and privileges, and
be subject to all the duties and obligations now incumbent
and pertaining to said city as a municipal corporation; and
by that name may sue and be sued, and be subject to all the
provisions of the Code of Virginia, except so far as may be
herein otherwise provided.

Sec. 3. University of Virginia excluded from city.

The grounds, walks, driveways and all the land which on
January one, nineteen hundred thirty-nine, belonged to "Rector
and Visitors of the University of Virginia", a corporation,
although embraced within the boundaries of the City of Charlottesville
as described in section two, shall nevertheless be
deemed to be excluded therefrom and shall be, remain and
continue in all respects and for all purposes a part of the
County of Albemarle; provided, that this exception shall not
apply to any of the lands now used and embraced within the
streets and roads known as West Main Street, Fry's Spring
Road, the Old Lynchburg Road, Rugby Road, State Highway
No. 250, State Highway No. 29, nor any sidewalks on such
roads, nor to any portion of the right of way of the Chesapeake
and Ohio Railroad, and all of said streets, roads and
rights of way within the boundary lines set out in section two
hereof shall be in and a part of the City of Charlottesville.
(1948, c. 124.)

Sec. 4. Wards.[2]

The said city shall be divided into wards as now constituted,
but the number of wards may be hereafter increased
or diminished and the boundaries thereof changed by the city
council as authorized by law.

Sec. 5. Elective officers;[3] qualifications; terms; form of government;
corporate powers vested in council; salaries
of councilmen and mayor; city manager; director
of finance.

(a) The municipal authorities of the said city shall consist

of a council of five members, one of whom shall be mayor, as
hereinafter set forth, unless and until this form be changed in
manner prescribed by law, a clerk of the corporation court, a
commonwealth's attorney, a treasurer, a sheriff and a
commissioner of revenue, who shall be elected by the qualified
voters of the City of Charlottesville at elections held at the
intervals and on the days prescribed for such elections by the laws
of the state. All persons who are qualified voters of the City of
Charlottesville shall be eligible to any of the said offices. The
terms of offices of all of said officers shall begin and continue for
such length of time as is prescribed by law; provided, that any of
said officers shall be eligible to one or more offices to which he
may be elected or appointed by the council. All the corporate
powers of said city shall be exercised by said council, or under its
authority, except as otherwise provided herein.

(b) The form of government for said city shall be the city
manager plan as follows: All corporate powers, legislative and
executive authority vested in the City of Charlottesville by law
shall be and are hereby vested in a council of five members to be
elected at large from the qualified voters of the city, except as
hereinafter provided.

(c) Each of said councilmen shall receive an annual salary to be
set by the council, not to exceed thirty-six hundred dollars each
(except the president of said council, who shall be mayor, and
shall receive a salary not to exceed forty-eight hundred dollars)
from the city for their services.

(d) In accordance with the general laws of the commonwealth,
the election of councilmen shall be held in May of nineteen
hundred seventy-two and biennially thereafter. At the election in
May of nineteen hundred seventy-two there shall be elected three
members of council and at the election in May of nineteen
hundred seventy-four there shall be elected two members of
council to fill vacancies occurring on the first of July in the
respective years in which they are elected. The term of office of
the councilmen shall be four years. The members of the council on

the effective date of this Charter amendment are hereby
confirmed in office until the first day of July in the final year of
the term of office for which they were elected.

(e) It shall be the duty of the said council of five members to
elect a city manager, at the salary to be fixed by them, who shall
serve at the pleasure of the council.

(f) Subject to general control by the council as provided in
subsection (b) hereof, the city manager shall have full executive
and administrative authority and shall have the right to employ
and discharge all employees under his control. All departments of
city government, including the fire department and police
department, shall be under the general supervision of the city
manager. The city manager shall give a bond for the faithful
performance of his duties in such sum as the council may require.
Subject to the general power of the council as provided in
subsection (b) hereof and except as the council may by ordinance
otherwise provide, the city manager shall have the powers vested
in city managers by sections 15.1-926 and 15.1-927 of the Code of
Virginia and general laws amendatory thereof.

(g) Said council shall elect a director of finance who shall serve
at the pleasure of the council and who shall superintend the fiscal
affairs of the city, and shall manage the same in the manner
required by the council.

In all other respects the said council shall have and be vested
with the same authority heretofore exercised by the council, and
in all other respects their duties and liabilities shall be regulated
by the existing laws, not in conflict therewith. (1950, c. 143; 1962,
c. 463; 1964, c. 137; 1972, c. 184; 1974, c. 7.)

Sec. 5.1. Advisory referendum on ordinances or charter
amendments.

The council shall have authority to order, by resolution directed
to the corporation court of the city or the judge thereof
in vacation, the submission to the qualified voters of the
city for an advisory referendum thereon any proposed ordinance
or amendment to the city charter. Upon the receipt of
such resolution, the corporation court of the city or the judge
thereof in vacation shall order an election to be held thereon
not less than thirty nor more than sixty days after the receipt
of such resolution. The election shall be conducted and the result
thereof ascertained and determined in the manner provided
by law for the conduct of general elections and by the
regular election officials of the city. If a petition requesting
the submission of an amendment to this charter, set forth in
such petition, signed by qualified voters equal in number to ten
per centum of the largest number of votes cast in any general
or primary election held in the city during the five years immediately
preceding, each signature to which has been witnessed
by a person whose affidavit to that effect is attached to
the petition, is filed with the clerk of the corporation court of
the city, he shall forthwith certify that fact to the court or
judge thereof in vacation. Upon the certification of such petition
the corporation court of the city or the judge thereof
in vacation, shall order an election to be held not less than
thirty nor more than sixty days after such certification, in
which such proposed amendment shall be submitted to the
qualified voters of the city for their approval or disapproval.
Such election shall be conducted and the result thereof ascertained

and determined in the manner provided by law for the
conduct of general elections and by the regular election officials
of the city. If a majority of those voting thereon at such
election approve the proposed amendment such result shall be
communicated by the clerk of the corporation court of the city
to the two houses of the General Assembly and to the representatives
of the city therein with the same effect as if the
council had adopted a resolution requesting the General Assembly
to adopt the amendment.

Nothing contained in this section shall be construed as affecting
the provisions of § 14-a of this charter. (1960, c. 327;
1962, c. 332.)

Sec. 6. Officers and clerks elected by council.

There may be elected by the council such officers and clerks
as said council deems proper and necessary, who shall serve
at the pleasure of council, and any one or more of said offices
may be held and exercised by the same person. It may be
competent for the council, in order to secure the services of a
suitable person, to elect nonresidents, but such officer shall
reside in the city during his tenure of office. (1972, c. 184.)

Sec. 7. Oaths of office and qualification of officers; failure to
qualify.[4]

The councilmen, and other officers elected by the people
shall each, before entering upon the duties of their offices,
take the oaths prescribed for all other officers by laws of
Virginia, and qualify before the corporation court of said
city, or the judge thereof in vacation, and in the cases of the
mayor and councilmen a certificate of such oaths having been

taken, shall be filed by them, respectively, with the clerk of
the council, who shall enter the same upon the journal thereof;
but if any or either of said officers shall fail to qualify, as
aforesaid, for ten days after the commencement of the term
for which he, or they, were elected, or shall neglect for a
like space of time to give such bond as may be required of
him, his office or their offices shall be deemed vacant.

Sec. 8. Vacancy in office of mayor or councilmen.

Whenever, from any cause, a vacancy shall occur in the
office of mayor it shall be filled by the council and a vacancy
in the office of councilmen shall be filled by that body at its
next regular meeting from the qualified electors of said city,
and the officer thus elected shall hold his office for the term
for which his predecessor was elected, unless sooner vacated
by death, resignation, removal, or from other causes. An entry
of said election shall be made in the record book. If the
mayor of said city or a councilman shall remove from the
city limits, such removal shall operate to vacate his office.

Sec. 9. Council—President and vice-president.

At its first meeting in July, nineteen hundred and seventy-two,
and biennially thereafter, the council shall elect one of
its members to act as president, who shall preside at its meetings
and continue in office two years. Or if a vacancy occur
in the office before the end of his term, such vacancy shall be
filled as provided in section eight.

At the same time the council shall elect one of its members
to be a vice-president, who shall preside at such meetings in
the absence of the president, and who, when the president
shall be absent or unable to perform the duties of his office,
by reason of sickness, or other cause, shall perform any and
all duties required of, or entrusted to, the president. The
president, or the vice-president, when authorized, as above
stated, to act, shall have power at any time to call a meeting.
(1972, c. 184.)

Sec. 10. Same—Quorum.

Three councilmen shall constitute a quorum for the transaction
of business at any meeting of that body.

Sec. 11. Same—President and vice-president entitled to vote.

The president, or vice-president, as the case may be, shall
be entitled to a vote on all questions as any other member,
but in no case shall he be entitled to a second vote on any
question, though it be necessary to break a tie—that is to say,
his office shall not entitle him to a vote.

Sec. 12. Same — Authority generally; meetings; journal of
proceedings; general ordinance book; inspection of
documents and papers.

The council shall have authority to adopt such rules and to
appoint such officers and clerks as it may deem proper for the
regulation of its proceedings, and for the convenient transaction
of business, to compel the attendance of absent members,
to punish its members for disorderly behavior, and by vote of
two-thirds of all the members elected to it, expel a member
for malfeasance or misfeasance in office. The council shall keep
a journal of its proceedings, and its meetings shall be open,
except when, it votes to hold an executive or closed session
pursuant to general law. The council shall also require to be
kept by its clerk a separate book, termed "the general ordinance
book," in which shall be recorded all ordinances and
resolutions of a general and permanent character, properly indexed
and opened to the public inspection. Other documents
or papers in the possession of the clerk of the council which
may affect the interest of the city, shall not be exhibited nor
copies thereof furnished, except as may be required by general
law. (1972, c. 184.)

Sec. 13. Same—Minutes.

At each regular meeting of the council the proceedings of
the last regular meeting and all intervening called meetings,
shall be presented, and thereupon be corrected, if erroneous,
and signed by the person presiding for the time being.

Upon the call of any member the ayes and noes shall be recorded
in the journal. (1972, c. 184.)

Sec. 14. Same—Powers enumerated.

The council of the city, except as hereinbefore provided,
shall have the power within said city to control and manage
the fiscal and municipal affairs of the city and all property,
real and personal, belonging to said city; they shall have
power to provide a revenue for the city, and appropriate the
same to its expenses, also to provide the annual assessments
of taxable persons and property in the city, and it may make
such ordinances, orders, and bylaws relating to the foregoing
powers of this section as it shall deem proper and necessary.
They shall likewise have power to make such ordinances, bylaws,
orders and regulations as it may deem desirable to carry
out the following powers which are hereby vested in them:

First. Streets and sidewalks — Generally. To close, extend,
widen, narrow, lay out, grade, improve and otherwise alter
streets and public alleys in the said city, and have them properly
lighted and kept in good order, and it may make or construct
sewers or ducts through the streets or public grounds
of the city, and through any place, or places whatsoever, when
it may be deemed expedient by the said council. The ownership
of any land included in any street that is closed shall be in accord
with general law. The said council may have over any
street or alley in the city, which has been, or may be ceded to
the city, like authority as over streets or alleys, and may prevent
or remove any structure, obstruction or encroachment
over, or under, or in a street or alley, or any sidewalk thereof.

Second. Same — Obstructions; cleaning sidewalks. To prevent

the cumbering of the streets, avenues, walks, public
squares, lanes, alleys, or bridges in any manner whatsoever;
to compel the occupant or owner of buildings or grounds to
remove snow, dirt or rubbish from the sidewalks in front
thereof.

Third. Fires and fire prevention. To extinguish and prevent
fires, prevent property from being stolen, and to compel
citizens to render assistance to the fire department in case of
need, and to establish, regulate and control a fire department
for said city; to regulate the size of materials, and construction
of buildings hereafter erected, in such manner as the
public safety and convenience may require; to remove, or require
to be removed, any building, structure, or addition thereto
which, by reason of dilapidation, defect of structure, or
other causes, may have, or shall, become dangerous to life
or property, or which may be erected contrary to law; to
establish and designate from time to time fire limits, within
which limits wooden buildings shall not be constructed, removed,
added to or enlarged, and to direct that all future
buildings within such limits shall be constructed of stone, natural
or artificial, concrete, brick or iron.

Fourth. Breadth of tires on vehicles. To regulate and prescribe
the breadth of tires upon the wheels of wagons, carts,
and vehicles of every kind and description used upon the
streets of said city.

Fifth. Preservation of health; hospitals; births and deaths.
To provide for the preservation of the general health of the
inhabitants of said city, make regulations to secure the same,
prevent the introduction or spreading of contagious or infectious
diseases, and prevent and suppress diseases generally;
to provide and regulate hospitals within or without the
city limits, and to enforce the removal of persons afflicted
with contagious or infectious diseases to hospitals provided
for them; to provide for the appointment and organization
of a board of health or other board to have the powers of a
board of health for said city, with the authority necessary for
the prompt and efficient performance of its duties, with power
to invest any or all the officials or employees of such department

of health with such powers as the officers of the city
have; to regulate the burial, cremation, or disposition of the
dead; to compel the return of births and deaths to be made
to its health department, and the return of all burial permits
to such department.

Sixth. Cemeteries. To acquire by purchase, condemnation,
or otherwise, either within or without the city, lands to be
appropriated, improved and kept in order as places for the
interment of the dead, and may charge for the use of the
grounds in said places of interment, and may regulate the
same; to prevent the burial of the dead in the city, except in
public burying grounds; to regulate burials in said grounds;
to require the keeping and return of bills of mortality by the
keepers (or owners) of all cemeteries, and shall have power
within the city to acquire by purchase, condemnation, or otherwise,
such lands, and in such quantity as it may deem proper
or necessary for the purpose of burying the dead; provided,
however, that no part of such cemeteries, when established or
enlarged, shall be within one hundred feet of any residence
without the consent of the owner of the legal and equitable
title of such residence, and provided further, that the provisions
of chapter one hundred and seventy-six of the Code of
Virginia,[5] as now existing or hereafter amended, for condemnation
of land thereunder so far as applicable shall apply to
condemnation proceedings by the city hereunder.

The title to any land acquired by condemnation hereunder
shall vest in the City of Charlottesville.

Seventh. Quarantine. To establish a quarantine ground
within or without the city limits, and such quarantine regulations
against infectious and contagious diseases as the said
council may see fit, subject to the laws of the state, and of
the United States.

Eighth. Nuisances, etc. To require and compel the abatement
and removal of all nuisances within the said city, or
upon any property owned by said city, without its limits, at
the expense of the person or persons causing the same, or

the occupant or owner of the ground whereon the same may
be; to prevent and regulate slaughterhouses, and soap and
candle factories within said city, or the exercise of any dangerous,
offensive or unhealthy business, trade or employment
therein; to regulate the transportation of all articles through
the streets of the city; to compel the abatement of smoke and
dust; to regulate the location of stables, and the manner in
which they shall be constructed and kept.

Ninth. Stagnant water or offensive substances on property.
If any ground in the said city shall be subject to be covered
by stagnant water, or if the owner or occupant thereon shall
permit any offensive or unwholesome substance to remain or
accumulate thereon, the said council may cause such ground
to be filled up, raised, or drained, or may cause such substance
to be covered or removed therefrom, and may collect
the expense of so doing from the said owner or occupant by
distress or sale, in the same manner in which taxes levied
upon real estate for the benefit of said city are authorized to
be collected; provided, that reasonable notice shall be first
given to the said owner or occupant or his agent. In case of
nonresident owners, who have no agent in said city, such
notice may be given by publication for not less than ten days,
in any newspaper published in said city, such publication to
be at the expense of said owner, and cost thereof to be collected
as a part of the expense hereinbefore provided for.

Tenth. Explosives and inflammables; carrying concealed
weapons. To direct the location of all buildings for storing
gunpowder or other explosives or combustible substances; to
regulate or prohibit the sale and use of dynamite, gunpowder,
firecrackers, kerosene oil, gasoline, nitroglycerine, camphene,
burning fluid, and all explosives or combustible materials, the
exhibition of fireworks, the discharge of firearms, the use of
candles and lights in barns, stables and other buildings, the
making of bonfires and the carrying of concealed weapons.

Eleventh. Animals and fowl generally. To prevent the running
at large in said city of all animals and fowl, and to
regulate and prohibit the keeping or raising of the same within

said city, and to subject the same to such confiscation,
levies, regulations and taxes as it may deem proper.

Twelfth. Use of streets; abuse of animals. Insofar as not
prohibited by general law, to prevent the riding or driving
of animals at improper speed, to regulate the speed and manner
of use upon the streets of said city of all animals or vehicles;
to prevent the flying of kites, throwing of stones, or
the engaging in any employment or sport in the streets or
public alleys, dangerous or annoying to the public, and to prohibit
and punish the abuse of animals.

Thirteenth. Drunkards, vagrants and beggars. To restrain
and punish drunkards, vagrants, mendicants and street beggars.

Fourteenth. Offenses generally. To prevent vice and immorality;
to preserve public peace and good order; to prevent
and quell riots; disturbances and disorderly assemblages; to
suppress houses of ill fame, and gaming houses; to prevent
lewd, indecent or disorderly conduct or exhibitions in the city,
and to expel from said city persons guilty of such conduct.

Fifteenth. Repealed by 1972, c. 184.

Sixteenth. Ordinances necessary for general welfare; effect
on other powers. And the said council shall also have power
to make such other and additional ordinances as it may deem
necessary for the general welfare of said city; and nothing
herein contained shall be construed to deprive said city of
any of the powers conferred upon it, either by general or
special laws of the State of Virginia, except insofar as the
same may be inconsistent with the provisions of this charter.

Seventeenth. Official bonds. Said council shall have power to
require and take from such officers and employees, as they
may see fit, bonds with security and in such penalty as they
may prescribe, which bonds shall be made payable to the
city by its corporate name, and conditioned for the faithful
discharge of their duties; such bonds shall be filed with the
clerk of the council.

Eighteenth. Gas works, waterworks and electric light
works. Said council shall have power to erect, or authorize
or prohibit the erection of gas works, waterworks, or electric
light works, in or near the city, and to regulate the same.

Nineteenth. Pollution of water. To prohibit the pollution of
water which may be provided for the use of the city.

Twentieth. Additional and incidental powers; jurisdiction
beyond corporate limits. To pass all bylaws, rules and ordinances,
not repugnant to the constitution and laws of the
state, which they may deem necessary for the good order and
government of the city, the management of its property, the
conduct of its affairs, the peace, comfort, convenience, order,
morals, health, and protection of its citizens or their property,
including authority to keep a city police force; and to
do such other things, and pass such other laws as may be
necessary or proper to carry into full effect any power, authority,
capacity, or jurisdiction, which is, or shall be granted
to, or vested in said city, or officers thereof, or which may be
necessarily incident to a municipal corporation; and to enable
the authorities of said city more effectually to enforce the
provisions of this section, and any other powers conferred upon
them by this charter, their jurisdiction, civil and criminal,
is hereby declared to extend one mile beyond the corporate
limits of said city.

Twenty-first. Floating debt for installing or extending utilities.
To create a floating debt not exceeding two hundred
thousand dollars when, by a vote of the total membership of
the council, the council has passed a resolution declaring it
expedient to do so, and when the creating of the floating debt
thereby provided for is for the purpose of installing, or extending,
one or more public utilities, which constitute an asset,
or assets, at least equal in value to the amount expended
thereon, which utility, or utilities, shall materially add to the
service rendered by the city to its taxpayers and other citizens;
and it shall be the duty of the council to provide in the
next bond issue for the bonding of the floating debt thus created,

and failure to do this shall suspend this clause. (1950,
c. 413; 1972, c. 184.)

Sec. 14-a. Approval of public housing projects by council.

Before the Charlottesville Redevelopment and Housing Authority
undertakes any public housing project within the city
it shall obtain the approval of the council on each construction
site, as hereinafter set forth. The application for approval
shall have a plat, certified by a registered surveyor
or engineer, or a plat prepared from the current city land
book showing city parcel numbers of the land concerned and
attested by the city assessor, attached to and made a part of
such application. The plat shall identify the proposed site
and show the proposed development of the site.

The council shall advertise for at least two weeks in a
newspaper published in the city that the authority has applied
for the approval of the council under this section and
shall give notice therein of the time and place for a hearing
on such request, which hearing shall be at least thirty days
from the date of the first advertisement. The council may approve
such application following such hearing. (1960, c. 230;
1962, c. 332; 1970, c. 93; 1973, c. 359.)

Sec. 14-b. Referendum on introduction of fluorine, sodium
fluoride, etc., into city water system.

After the effective date thereof,[6] it shall be unlawful to
introduce fluorine, or sodium fluoride, or any compound or
combination thereof into the city's public water system unless
the voters of the city approve the same in a referendum called
and held under section 24-141 of the Code [of Virginia], as
amended; such referendum to be initiated by a petition seeking
introduction of such chemicals filed with the council as
hereinafter set forth. The petition shall be signed by qualified
voters equal in number to ten per centum of the largest number
of votes cast in any general or primary election held in the
city during the five years immediately preceding, each signature
to which has been witnessed by a person whose affidavit
to that effect is attached to the petition. If a majority of the
voters voting in the election approve, fluorine, sodium fluoride,
or a compound thereof may be added to such water supply;
but, if a majority so voting, vote against them then neither
fluorine, sodium fluoride, nor any compound thereof shall be
added to such water supply system. If a referendum is held
hereunder another referendum thereon shall not be held until
the expiration of two years. (1962, c. 332.)

Sec. 15. Same—Borrowing in anticipation of taxes; evidences
of debt; interest.

The council may also borrow money in anticipation of the
collection of the taxes and revenues in the city, in the amount
or amounts not exceeding two hundred thousand dollars at any
one time. The council may issue negotiable notes or other evidences
of debt for all money borrowed under this section. Such
notes or other evidences of debt may be renewed from time to
time, but all such notes or other evidences of debt shall mature
within twelve months. No money shall be borrowed under this
section at a rate of interest exceeding six per cent per annum,

and it shall be the duty of the council to provide in the next
bond issue for the bonding of the floating debt thus created.
(1950, c. 413.)

Sec. 16. Special assessments for local improvements.

Local assessments upon abutting landowners for making and
improving the sidewalks upon the streets and improving and
paving the alleys, and for either the construction or for the use
of sewers, may be imposed not in excess of the peculiar benefits
resulting therefrom to such abutting landowner. And the
same shall be regulated as prescribed by the general laws.

Sec. 17. Enactment of ordinances, etc.; punishment for violation;
enjoining violation; appeal to corporation
court.

To carry into effect the powers herein enumerated, and all
other powers conferred upon said city and its council by the
laws of Virginia, said council shall have power to make and
pass all proper and needful orders, by-laws, and ordinances not
contrary to the Constitution and laws of said state, and to prescribe
reasonable fines and penalties, including imprisonment
in the city jail, which fines, penalties or imprisonment shall be
imposed, recovered and enforced by and under the civil and
police justice (judge of the municipal court). The city may
maintain a suit to restrain by injunction, the violation of any
ordinance, notwithstanding such ordinance may provide punishment
for its violation. In all cases where a fine or imprisonment
is imposed by the civil and police justice (judge of the
municipal court), or by the council, the party or parties so fined
or imprisoned shall have the right of appeal to the corporation
court of said city. All fines imposed for the violation of the city
Charter, by-laws, or ordinances, shall be paid into the city
treasury. (1972, c. 184.)

Sec. 18. Conservators of the peace.

Each councilman, and the civil and police justice [judge of
the municipal court],[7] of said city, for the time being, are
declared to be, and are hereby, constituted conservators of
the peace within said city, and within one mile from the corporate
limits thereof, and shall have all the powers and authority,
in civil, as well as in criminal cases, as justices of
the peace. And the chief of police and the policemen of the
city shall also be conservators of the peace within the limits
aforesaid, and all proper arrests may be made and warrants
of arrest executed by such chief of police and policemen.

Sec. 19. Budget; levy of taxes.[8]

At least thirty days prior to the time when the annual tax
levy or any part thereof is made, the council shall cause to
be prepared a budget containing a complete itemized and
classified plan of all proposed expenditures and all estimated
revenues and borrowing for the ensuing appropriation year.
Opposite each item of the proposed expenditures the budget
shall show in separate parallel columns, the amount appropriated
for the preceding appropriation year; the amount expended
during that year, the amount appropriated for the
current appropriation year and the increases and decreases
in the proposed expenditures for the ensuing year as compared
to the appropriation for the current year. This budget
shall be accompanied by an itemized and complete financial
balance sheet at the close of the last preceding appropriation
year.

A brief synopsis of the budget shall be published in a newspaper
published in the City of Charlottesville and notice given
of at least one public hearing at least fifteen days prior to the
date set for the hearing, at which any citizen of the said City
of Charlottesville shall have the right to attend and state his
views thereon. After such hearing is had, the council shall
by appropriate order adopt and enter on the minutes thereof
a synopsis of a budget covering all expenditures for the next
appropriation year hereinbefore required. The said council
shall order a city levy of so much money as in its discretion
shall be sufficient to meet all just demands against the city.

Sec. 20. Tax levy; subjects of taxation; rate; lien on real
property;[9] sale of land for delinquent taxes.

In order to execute its powers and duties and to meet the
wants and purposes of the city, the council is hereby vested
with power and authority to levy taxes upon persons, property,

real and personal, privileges, businesses, trades, professions
and callings and upon such other subjects of taxation
and in such amounts as the council shall deem necessary and
proper to provide such sums of money as they shall deem
expedient without limitation as to subject, except such as may
be expressly provided by general laws or constitutional provision
and without limitation as to rate except such as may
be provided by the constitution of this state.

Taxes assessed against real estate subject to taxes shall be
a lien on the property and the name of the person listed as
owner shall be for convenience in collection of taxes. The lien
for taxes shall not be limited to the interest of the person
assessed but shall be on the entire fee simple estate. There
shall be no lien when for any year the same property is assessed
to more than one person and all taxes assessed against
the property in one of the names have been paid for that year.

When taxes are assessed against land in the name of a life
tenant or other person owning less than the fee or owning
no interest, the land may be sold under the provisions of
§§ 58-1014 to 58-1020, 58-1101 to 58-1108, 58-762, Code of
Virginia, 1950, as amended, or other laws for the sale of land
for delinquent taxes provided the owner of record or his heirs
be made parties to the proceeding for sale which may be instituted
any time after December fifth of the year in which
the taxes are assessed. (1948, c. 124; 1950, c. 413; 1958, c.
111.)

Sec. 21. Appropriations for advertising city.[10]

The council may each year make appropriation out of the
city revenues of an amount not exceeding three cents on each
one hundred dollars of the assessed value of the property in

the city assessed for taxation for use in purposes which will,
in the judgment of the council, advertise the city.

Sec. 22. License taxes generally; vehicles using streets;
schedule of charges for vehicles for hire.

License taxes may be imposed by ordinance on businesses,
trades, professions and callings and upon the persons, firms,
associations and corporations, engaged therein and the agent
thereof without limitation as to subject or rate except such as
may be provided by the constitution of this state and the Constitution
of the United States.

License taxes not inconsistent with general law may be
imposed upon vehicles using the streets of the city, and the
council may prescribe a schedule of charges for vehicles using
said streets for hire. (1950, c. 413.)

Sec. 23. Collection of revenue; custodian of city funds.

The revenue from these and other sources shall be collected,
paid over, and accounted for at such times and to such persons
as the council shall order, and pursuant to such ordinance
as now exists or may hereafter be passed by the council.
The city treasurer shall be the custodian of all the funds of
the city.

Sec. 24. Reports of director of finance; publishing.

At the end of each fiscal year and at such additional times
as the council may direct, the council shall require the director
of finance of the said corporation to make out a report of the
receipts and expenditures, together with a balance sheet of
said city for the preceding period, which report shall state
on what account the expenditures were made, and from what
source or sources the receipts were derived, which report when
approved by the council, or in such manner as the council
may direct, shall be published in one or more newspapers of

the city within sixty days after the close of the period for
which the report is presented. (1972, c. 184.)

Sec. 25. Refunding bonds.

The council of said City of Charlottesville is hereby authorized
to make and issue the registered or coupon bonds
of said corporation, payable not exceeding forty years after
their date, bearing interest at not more than five per centum
per annum, payable semiannually; said bonds to be used exclusively
in paying off and discharging the principal and interest
of the present bonded debt of the corporation of
Charlottesville. The said council shall not be authorized to dispose
of such bonds at less than par value, except by a recorded
affirmative vote of all the members elected to the council.
Said registered and coupon bonds shall be regularly

numbered, signed by the mayor, clerk and treasurer of the
city, and recorded in a book kept for that purpose.

Sec. 26. Sinking fund.

To provide for the payment of the bonded debt of the city
there shall be set apart annually by the council from the
revenues of the city such sum as will be sufficient to meet
each issue of bonds, either heretofore or hereafter issued, as
the same shall become due, except that for any issue of bonds
a definite amount of which is payable annually and known as
serial bonds, no sum shall be so provided; but for such serial
bonds the council shall make in their annual budget definite
provision for their payment. The funds thus set apart shall
be paid in two equal installments on the first day of January
and the first day of July in each year, to the sinking fund
commissioners hereafter designated, and shall, together with
the accretions thereto arising from interest on investments
et cetera, be known as the sinking fund, and be held sacred
for the payment of the debt of the city as it shall become due;
and if no part of said debt be due or payable, said fund shall
be invested in the bonds or certificates of debt of said city, or
of this state, or the United States, or of some state of this
union, or any other securities which under the laws of the
State of Virginia are designated and approved for the investment
of fiduciary funds; said fund shall, in the hands of the
treasurer, as to all questions of investments, purchase or sale
within the limitations of this section, be subject to the orders
and the management of the mayor, chairman of the finance
committee of the council, director of finance and treasurer,
who together shall compose the sinking fund commission.

Sec. 27. Loans and bonds; debt limitation; bond elections.

The council of said city may negotiate any loan or loans
for the purpose of improving the streets, lighting the same,
buying necessary real estate, erecting public buildings, supplying
the city with water, sewerage, and for other purposes;
and shall have authority to issue registered and coupon bonds,
as well as serial, registered and coupon bonds, for the said
loan or loans, payable not more than forty years after the

date of said bonds, and said bonds shall bear interest payable
semiannually; provided, that the council shall not negotiate
such loan or loans, and issue bonds therefor, for sums which
when added to the debt of the city then existing, shall cause the
total indebtedness of the city to be greater than eighteen per
centum of the assessed valuation of the real estate of the city
subject to taxation, as shown by the last preceding assessment
for taxes; provided, however, that in determining the limitation
of the power of the city to incur indebtedness, there shall
not be included the classes of indebtedness mentioned in subsections
(a) and (b) of section one hundred and twenty-seven
of the constitution of the state. Whenever the question of the
issuance of any bonds of said city is required by the constitution
of Virginia or by the action of the council of said city
to be approved by the affirmative vote of a majority of the
qualified voters of the city who vote upon the question of their
issuance, such majority shall also include a majority of the
votes cast by those taxpayers of the city at such election who
pay a tax on real or personal property assessed at five hundred
dollars or more. Such election shall be held and conducted in
accordance with the law of Virginia regarding elections by the
people. (1950, c. 413; 1970, c. 93.)

Sec. 28. Sale of public utilities; approval by voters.

The rights of the city in its gas, water and electric works,
and sewer plant, now owned, or hereafter acquired, shall not
be sold even after such action of the council as is prescribed
by section three thousand and sixteen of the Code of Virginia
of nineteen hundred and nineteen,[11] until and except such sale
shall have been approved by a majority of the qualified voters
of the city, voting on the question at a special election ordered
by the council and subject in other respects to the provisions
of section twenty-four [twenty-seven] of this Charter applicable
to a special election.

Sec. 29. City sheriff.[12]

The city sheriff shall attend the terms of the corporation
court of said city and shall act as the officer thereof; the
said sheriff may appoint one or more deputies, who may be removed
from office by the sheriff, and may discharge any of
the duties of the office of sheriff, but the sheriff and his sureties
shall be liable therefor. The city sheriff shall also have all
power and authority and perform all duties imposed by general
law upon sheriffs and constables of cities. (1972, c. 184.)

Sec. 30. Authority of officers appointed by council.

The officers of said city elected or appointed, by the council
shall, during the time they are in office have all the power
and authority of like officers in the state under its general
laws, unless the same be abridged or restricted by the council.

Sec. 31. Prohibition of immoral shows, etc.

The mayor or the council may prohibit any theatrical or
other performance, show or exhibition within said city or a
mile of its corporate limits, which may be deemed injurious
to morals or good order.

Sec. 32. Repealed by 1972, c. 184, § 2.

Sec. 33. Judge of the municipal court.[13]

The judge of the municipal court of said city, and substitute
judge of said court, shall each be appointed for a term
of four years by the judge of the corporation court of the
City of Charlottesville, except that the term commencing
on January one, nineteen hundred seventy-four, shall expire
June thirty, nineteen hundred seventy-four. Said judges shall
have such jurisdiction as is provided by general law; they
shall receive no fees for services as judge or substitute judge,

but all such fees shall be turned into the city treasury. The
judge shall also have jurisdiction of and try violations of the
city ordinances, and inflict such punishment as may be prescribed
for a violation of the same. The judge shall have authority
to issue his warrant for the arrest of any person or
persons violating any of the ordinances, acts or resolutions
of said city; it shall be his duty especially to see that peace
and good order are preserved, and persons and property are
protected in the city; he shall have power to issue executions
for all fines and costs imposed by him or he may require the
immediate payment thereof. The judge shall hold his court
daily, except Saturday and Sunday, at the place prescribed
by the council. If from any cause the judge of said court shall
be unable to act, the substitute judge shall discharge the
duties prescribed herein during such inability. The judge and
substitute judge shall receive a salary for their services, to
be fixed and paid by the council.

All papers connected with any civil action or proceeding
in the municipal court of this city, except those in actions or
proceedings (1) in which no service of process is had, (2)
which are removed or appealed, and (3) in which the papers
are required by law to be sooner returned to the clerk's office
of a court of record, shall be properly indexed, filed and
preserved in the municipal court of the city.

The power of appointment, in the judge of the corporation
court of the City of Charlottesville, shall become effective
January one, nineteen hundred sixty-six, at the expiration of
the term of the present incumbent. (1964, c. 137; 1972, c.
184; 1973, c. 22.)

Sec. 34. Salaries fixed by council.

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

Sec. 35. Stated and special meetings of council.

The council shall fix by ordinance the time for holding their
stated meetings and no business shall be transacted at a special
meeting, unless by unanimous consent, except that for
which it shall have been called, and every call for a special
meeting shall specify the object thereof.

Sec. 36. Granting franchises.

The regulation and restrictions for granting any franchise
in the city shall be such as are provided by the general law.

Sec. 37. Receipt and disbursement of monies by treasurer.

All monies belonging to said city shall be paid over to the
treasurer, and no money shall be by him paid out except as
the same shall have been appropriated and ordered to be paid
by the council, and the said treasurer shall also pay the same
upon warrants approved in such manner as may be prescribed
by ordinance of the council.

Sec. 38. Recovery against treasurer and sureties.

If the said treasurer shall fail to account for and pay over
all of the monies that shall come into his hands when thereto
required by the council, it shall be lawful for the council, in
the corporate name of the city, by motion before any court of
record having jurisdiction in the City of Charlottesville, to

recover from the treasurer and his sureties, or their personal
representatives, any sum that may be due from said treasurer
to said city on ten days' notice.

Sec. 39. Collection of fines.[14]

All fines imposed for any violation of any city ordinance
or state law shall be collected by the clerk of the civil and
police justice court [municipal court]; and if said clerk shall
fail to collect, account for, and pay over all the fines in his
hands for collection, it shall be lawful for the council to recover
the same, so far as the same are accruing to the city,
by motion, in the corporate name of the city, before the corporation
court of said city, against the said clerk, his sureties
on his said bond, or any or either of them, his or their executors
or administrators, on giving ten days' notice of the same.

Sec. 40. Animals running at large.

The council shall have power to make such ordinances, bylaws,
orders and regulations as they may deem necessary to
prevent dogs, hogs and other animals from running at large
in the limits of the city, and may subject the owners thereof
to such fines, regulations and taxes as the council may deem
proper, and may sell said animals at public auction to enforce
the payment of said fines and taxes; and may order such dogs,
as to which there is default, to be killed by a policeman or
constable.

Sec. 41. Taking or damaging private property.

The city shall not take or damage any private property for
streets, or other public purposes, without making to the
owner, or owners, thereof just compensation for the same.
But in all cases where the city council cannot by agreement
obtain title to the ground necessary for such purposes, it shall
be lawful for it to apply to the circuit court of the county in

which the land shall be situated, or to the proper court of the
city having jurisdiction of such matters, if the subject lie
within the city, to condemn the same.

Sec. 42. Encroachments upon streets.

In every case where a street in said city has been or shall
be encroached upon by any fence, building or otherwise, the
city council may require the owner or owners, if known, and
if unknown the occupant or occupants of the premises so
encroaching to remove the same. If such removal shall not
be made within the time ordered by the city council, it may
impose a penalty of five dollars for each and every day that
it is allowed to continue thereafter, and may cause the encroachment
to be removed, and collect from the owner all
reasonable charges therefor, with cost, for which there shall
be a lien on the premises so encroaching, which lien may be
enforced in a court of equity having jurisdiction of the subject.
No encroachment upon any street, however, long continued,
shall constitute an adverse possession thereto, or confer
any right upon the person claiming thereunder as against
said city.

Sec. 43. Filing claim for damages condition precedent to action
against city.[15]

No action shall be maintained against the said city for
damages for an injury to any person or property alleged to
have been sustained by reason of the negligence of the city,
or any officer, agent or employee thereof, unless a written
statement of the claimant, his agent or attorney, of the nature
of the claim and of the time and place at which the injury
is alleged to have occurred or been received shall have
been filed, as provided by general law. (1972, c. 184.)

Sec. 44. Continuance of rights, etc., of city; continuance of
ordinances and resolutions.

All rights, privileges and properties of the City of Charlottesville
heretofore acquired and possessed, owned and enjoyed
by any act now in force, not in conflict with this act,
shall continue undiminished and remain vested in said city
under this act; and all laws, ordinances and resolutions of the
corporation of Charlottesville now in force, and not inconsistent
with this act, shall be and continue in full force and
effect in the City of Charlottesville, until regularly repealed.

Sec. 45. Corporation court; legislative and senatorial districts.[16]

The corporation court of the City of Charlottesville shall
remain as it now exists and be held by the city judge at such
times as are, or may be, designated by law, and the jurisdiction
of said court shall be such as is now prescribed; provided,
of course, that the power to abolish said court in accordance
with the constitution of the state is in no way hereby
affected. And the City of Charlottesville shall remain a
part and parcel of the same legislative and senatorial district
to which it now belongs.

Sec. 45-a. School board.[17]

The City of Charlottesville shall constitute a single school
district. The school board of the city shall consist of seven
members to be appointed by the council and there shall be at
least one member from each ward of the city. The council
shall appoint three members of the board to serve for a term
of three years, two members to serve for a term of two years,
and two members to serve for a term of one year from July
one, nineteen hundred forty-eight and all subsequent appointments
shall be for a term of three years. Vacancies occurring
otherwise than by expiration of the term of office shall
be filled by the council for the unexpired term. No member
shall be eligible to serve more than three successive full three
year terms. The board shall have all powers and perform
all duties granted to and imposed upon school boards of cities
by general law. (1948, c. 124.)

Sec. 46. Water supply and sewerage system.

The corporate authorities of said city be, and they are
hereby, authorized and empowered to erect suitable dams and
reservoirs, and to lay suitable pipes to supply said city with
an adequate supply of water, and to establish and construct
a sewerage system for said city; and for such purpose to
acquire, either by purchase or by condemnation, according to
the provisions of the general law for the condemnation of
lands by incorporated cities, such lands and so much thereof
as may be necessary for the aforesaid purposes.

Sec. 47. Elections.[18]

All elections under this Charter shall conform to the general
law of the state in regard to elections by the people.

Sec. 48. County property within city limits; arbitration;
school property in Charlottesville school district;
Miller Manual Labor School.

The property now belonging to the County of Albemarle
within the limits of the City of Charlottesville shall be within
and subject to the joint jurisdiction of the county and city
authorities and officers, and shall not be subject to taxation
by the authorities of either county or city; and if the county
and city aforesaid cannot agree upon the terms of joint occupancy
and use of such property in regard to which settlements
may not have already been effected, the right of said
city to such joint occupancy and use being hereby recognized,
then the board of arbitration herein provided for shall determine
the terms of such joint occupancy and use, and said
board of arbitration shall determine what rights, if any, the
city aforesaid has in all other county property; but this is
subject to the recognition of the right of the city, as well as
the county (through the district school board or otherwise)
in the school property in Charlottesville school district; and
nothing herein contained shall affect the rights of the inhabitants
of said city to participate in the benefits of the
Miller Manual Labor School in the Samuel Miller District in
said county.[19]

Sec. 49. Board of arbitrators established; composition; duties;
awards.

A board of arbitrators composed of three members, one
to be selected by the board of supervisors of Albemarle
County, one by the council of Charlottesville, and they to
choose a third, is hereby established, whose duty it shall be to
adjust and decide the matters hereinbefore submitted to them,
and all such other questions as may arise between said city
and county, growing out of the extension of the corporation
limits, and the establishment of a city government. The
awards of said arbitrators shall be entered upon the records
as the judgments of the city court or the county circuit court,
as the arbitrators may designate.

Sec. 50. Same person may hold county and city office.

And it is further provided that the same person shall be
eligible to and, if elected, may hold a county office and a city
office, if the said offices be of the same nature, at the same
time; provided, such officer lives within the city limits; and
any person otherwise qualified, who is a resident of the City
of Charlottesville, shall be eligible to election or appointment
to any county office of Albemarle County.

Sec. 50.1. Adoption of certain sections of Code of Virginia.

The powers set forth in sections 15.1-837 through 15.1-907
of the Code of Virginia as in force on January 1, 1970, are
hereby conferred on and vested in the City of Charlottesville,
Virginia. Should the powers granted by this section conflict
with any provision contained in Chapter 384 of the Acts of
Assembly of 1946, approved March 28, 1946, as amended, then
the provisions contained in this section shall control; provided,
however, that in no event shall such a conflict be held to reduce
or limit any powers heretofore possessed by the City of
Charlottesville pursuant to Chapter 384 of the Acts of Assembly
of 1946, approved March 28, 1946, as amended. (1962,
c. 56; 1964, c. 137; 1970, c. 93.)

Sec. 50.2. Search warrants.

(a) Search warrants. In addition to the means and conditions
under which search warrants may be issued pursuant to
provisions of general law, a justice of the peace, or a judge of
any court having jurisdiction of the trial of cases to whom
complaint is made, if satisfied that there is a reasonable cause
therefor, shall issue a warrant to search specified places for
the following conditions: Violations of ordinances of the City
of Charlottesville related to health and safety, of persons and
property including violations of ordinances concerning minimum

housing standards, health and sanitation regulations, and
Plumbing, Building, and Fire Prevention Codes.

A search warrant issued pursuant to the authority granted
in this Charter section shall be directed to persons charged
with the responsibility of enforcing state statutes and local
ordinances relating to health and safety of persons and property
and shall command such person to search the place or
places described therein for violations of state statutes and
local ordinances relating to health and safety of persons and
property.

(b) Affidavit preliminary to issuance of search warrants.
No search warrant shall be issued until there is filed with the
officer authorized to issue the same an affidavit of some person
reasonably describing the area, house, place, vehicle or baggage
to be searched, the things or conditions to be searched for
thereunder, alleging briefly material facts, constituting the
probable cause for the issuance of such warrant and alleging
substantially the offense or group of potential offenses in relation
to which such search is to be made. Facts which may be
pertinent are (1) department or board experience showing the
need of periodic area inspections, (2) the pattern of the last
inspections made, and (3) department or board judgment that
an inspection is now needed, particularly in light of the time
elapsed since the last inspection.

Such affidavit shall be certified by the clerk of the corporation
court of the City of Charlottesville and shall by said clerk
be preserved as a record and shall at all times be subject to
inspection by the public. For the purposes of this section,
probable cause shall be satisfied upon the showing of the
reasonableness of a need to conduct periodic area-wide inspections
with respect to health and safety of persons and property.
(1970, c. 93.)

Sec. 50.3. Qualifications of members of advisory boards and
commissions.

General provisions of law notwithstanding, the planning
commission and members of boards or agencies appointed by
city council, the mayor, or by the city manager, who serve
without pay and who serve only for the purpose of making

studies or recommendations, or advising or consulting with
city council, shall not be prohibited from such service merely
because they contract directly or indirectly with the city. Any
such member of an advisory board or agency who knows, or
may reasonably be expected to know, that he has a material
financial interest in any transaction in which the agency of
which he is an officer or employee is or may be in any way
concerned, shall disclose such interest and disqualify himself
from voting or participating in any official action thereon in
behalf of such agency. If disqualifications in accordance with
this section leave less than the number required by law to
act, the remaining member or members shall have authority to
act for the agency by majority vote, unless a unanimous vote
of all members is required by law in which case authority to
act shall require a unanimous vote of remaining members.
(1970, c. 93.)

Sec. 51. Partial invalidity.

If any clause, sentence, paragraph, section or part of this
act be held invalid by a court of last resort of this state in
proper case such invalidity shall not affect or invalidate any
other clause, sentence, paragraph or part of this act but shall
be confined exclusively to the portion so held invalid.