The code of the city of Charlottesville, Virginia containing the Charter as amended and re-enacted as a whole (approved March 14, 1908), the constitutional and legislative provisions of the state relating to cities, and the general ordinances of the city enacted as a whole August 6th, 1909, in effect September 1st, 1909 |
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 | GENERAL ORDINANCES
OF
The City of Charlottesville. |
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 | The code of the city of Charlottesville, Virginia |  |
GENERAL ORDINANCES
OF
The City of Charlottesville.
CHAPTER I.
THE COUNCIL—ITS POWERS, DUTIES AND PROCEDURE.
Sec. 1. The council—term and compensation.
(a) The Council of the City of Charlottesville shall be composed
of twelve members, three from each of the four Wards of the
city, who shall be residents of their respective Wards and qualified
voters therein, and shall be elected by the qualified voters
of such Wards, and their term of office shall be for four years;
except that all elections to fill vacancies shall be for the unexpired
term. (Code, Sec. 1015a.)
(b) Each member recorded in the minutes as present at the
roll call shall receive $2.50 for each session; payment to be made
by a warrant drawn quarterly on the treasurer of the city by
the auditor, upon a certificate by the clerk of the Council.[1]
The
clerk shall note all cases in which a member absents himself
before adjournment and no payment for attendance shall be
made in such cases unless the member has been duly excused
as provided in § 29, clause 5. And provided, further, that in
no case shall a member be allowed pay for more than two meetings
in any one month.
Clause (b) of § 1 was vetoed by the Mayor and passed over his
veto at a meeting of the Council on August 12, 1909, and amended to
conform to the suggestion contained in said veto as to limit of compensation
of councilmen.
Sec. 2. Oath of office—when taken.
Every Councilman shall, within thirty days after his election,
qualify before the corporation court or the judge thereof in
vacation, by taking the oath as prescribed for all other officers
the clerk of the Council; and the clerk shall not enter the name
of any person so elected on the rolls of the Council unless the
provisions of this be complied with.
Sec. 3. Punishment of members.
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 $300; 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 Police Justice.
(Code, Sec. 1015g.)
Sec. 4. Vacancies—how filled.
When any vacancy shall occur in the Council by death, resignation,
expulsion, removal from the Ward from which a member
was elected, failure to qualify, or from any other cause, the
Council shall elect a qualified person to supply the vacancy, but
such election shall be for the unexpired term only. (Code,
Sec. 1015e.)
Sec. 5. Disqualification of members for certain offices.
No member of the Council shall be eligible during his tenure
of office, or for one year thereafter, to any office to be filled by
the Council either by election or appointment. (Code, Sec.
1015d.)
Sec. 6. Time of meeting for organization.
The Council shall meet for organization on the first day of
September after their election (unless that day be Sunday, in
in which case they shall meet on the following day) at 8 o'clock
p. m. But in case of unavoidable absence from such meeting
of any member elect, it shall be competent to adjourn said meeting
from time to time, as they shall deem proper.
Sec. 7. Monthly Meetings—how special meetings may be
called.
The Council shall hold its regular meeting in the Council
chamber on the second Thursday of each month, at such hour
holiday, in which event said meeting shall be held on the day
following. Special meetings may be called by the president at
any time, and in the case of his absence, sickness, disability or
refusal to do so, the Council may be convened by the order in
writing of the vice-president; and in case of his absence, disability
or refusal, the Council may be convened by the order
in writing of any three members thereof addressed to the clerk.
Sec. 8. Business at special meetings.
Every summons for a special meeting of the Council shall
contain an explicit notice of the object of such meeting and no
other business shall be transacted at said special meeting.
(Charter, Sec. 33.)
Sec. 9. Quorum—reconsideration of votes.
A majority of the Council shall constitute a quorum for the
transaction of ordinary business, but no vote of a former meeting
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 two-thirds of all members present vote
in favor thereof. (Code, Sec. 1015h.)
Sec. 10. Absence of quorum—how quorum secured.
If a quorum fail to attend a meeting of the 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, five 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 to such time and place
to which the meeting shall have been adjourned. Any member
refusing to obey such summons may be fined by a two-thirds
vote of the Council in a sum not less than five dollars nor more
than ten dollars. (Code, Sec. 1015g.)
Sec. 11. Election of president—vice-president—duties of.
The Council shall, at its first meeting in September after the
regular biennial election of Councilmen, or as soon thereafter
vice-president—whose terms of office shall be for two years,
except when elected to fill a vacancy, when it shall be for the
unexpired time.
The president shall preside at the meeting of the Council,
and when from any cause he shall be absent, the vice-president
shall preside—and in the absence of both, a president pro tempore
may be elected.
The president, vice-president or president pro tempore who
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. (Code, Sec. 1015f.)
Sec. 12. Standing committees—how appointed—expenditures
of.[2]
The president of the Council shall, within ten days after the
organization of the Council, appoint the following standing committees,
each to consist of three members and to continue for a
term of two years. The president of the Council shall, however,
have authority to change the composition of said committees
during said term in filling vacancies or otherwise as the necessity
arises.
1. A Committee on Finance and Claims—To whom shall be
referred all matters relating to the finances, debts, revenues and
assets of the city and all claims and unsettled demands against
the city.
2. A Committee on Streets and Sanitation—To whom shall
be referred all matters concerning the streets and bridges, and
improvements and expenditures connected therewith, and the
laws and regulations effecting the same, and all matters relating
to the sanitary affairs and condition of the city.
3. A Committee on Water and Sewerage—To whom shall be
referred all matters pertaining to the control and proper management
of the City Water Works and Sewerage System,
pumps, fire plugs, reservoirs, water supply and water rates, and
all rules and regulations, revenues and expenditures connected
therewith.
4. A Committee on Gas and Lights—To whom shall be referred
all matters concerning the Gas Works, and lights of the
city and all rules, regulations, revenues and expenditures connected
therewith.
5. A Committee on Fire Department and Public Safety—To
whom shall be referred all matters relating to the Fire Department
of the city and the public safety.
6. A Committee on Building and Grounds—To whom shall be
referred all matters pertaining to the public grounds and buildings
of the city, and the erection of private buildings within the fire
limits of the city.
7. A Committee on the Poor—To whom shall be referred all
matters concerning the poor of the city.
8. A Committee on Public Schools—To whom shall be referred
all matters concerning the public free schools of the city.
9. A Committee on Ordinances and Rules—To whom all general
ordinances, or amendments thereof, shall be referred for examination
and report before the passage thereof.
10. A Committee on Cemeteries—To whom shall be referred
all matters pertaining to the cemeteries of the city, and the rules
and regulations for the burial of the dead, and all revenues and
expenditures connected therewith.
11. A Committee on Police—To whom shall be referred all
matters pertaining to the police department of the city.
12. A Committee on Health—To whom shall be referred all
matters relating to the health of the city.
The said respective committees, acting together, are hereby authorized
to expend from time to time, out of the appropriations
made to them, sums of money not exceeding one hundred dollars
for work to be done in their respective departments, without special
authority from the Council for such expenditures; but such
expenditures shall be reported to the Council at its next meeting.
The vouchers for expenditures made hereunder, or for expenditures
made by special authority of the Council, shall be approved
by the chairman of the committee in whose department the expenditure
is made.
Section 12 was vetoed by the Mayor, and at a meeting of the
Council on August 12, 1909, a motion to pass same over his veto was
lost.
Sec. 13. Record of proceedings.
The Council shall keep a full and correct journal of the proceedings,
and the meetings shall be in open session, except when,
by a recorded vote of two-thirds of the members present at such
meeting, it shall be declared that the public welfare requires
secrecy, and parliamentary rules shall be enforced, so far as applicable
and when they do not conflict with the rules adopted.
Sec. 14. Rules and procedure.
The 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 charter of the city. (Code, Sec. 1015g.)
Sec. 15. Ordinances and resolutions—how adopted.
Every proposed ordinance or resolution having the effect of an
ordinance, shall be in writing, and after such readings as may be
provided for in the rules of the Council shall be voted on, and if
adopted the clerk shall certify the same to the Mayor for his approval
or disapproval.
Sec. 16. Ordinances—their reference and passage.
No ordinance shall be amended, suspended or repealed, except
by ordinance regularly introduced and passed, unless the whole
section be re-ordained.
Sec. 17. Ordinances appropriating money, imposing taxes,
etc.
(a) Every ordinance or resolution appropriating money exceeding
one hundred dollars, imposing or releasing taxes, or authorizing
the borrowing of money, or 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 yeas and nays
shall be entered on the journal of the Council. (Code, Sec.
1033c.)
(b) 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 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. (Code, Sec. 1015h.)
Sec. 18. Ordinances appropriating money for outside
highways.
No ordinance or resolution appropriating money for the purpose
of improving highways and bridges located outside of the
city, shall be passed by the Council except by a recorded affirmative
vote of two-thirds of all members elected to the Council.
Sec. 19. Ordinances creating debts for longer period than
four months.
No debts are to be created by the Council for a longer period
than four months, unless the ordinance creating the same shall
be introduced at a meeting of the Council at least thirty days
before the same is passed; but an amendment to such ordinance
need not lie over for an additional thirty days.
Sec. 20. Additional expenditures beyond annual appropriations.
No money shall be expended on any department of the city
government beyond the amount dedicated to such department in
the general appropriation ordinance for the fiscal year, unless
such expenditure be authorized by the recorded vote of two-thirds
of the entire Council, said expenditure shall be treated as
an additional appropriation to such department.
Sec. 21. Ordinances granting aid to various associations
or objects.
No ordinance or resolution granting aid to military companies
maintained within the city, to associations for the advancement of
agricultural and mechanical arts, to scientific, literary, educational
or benevolent organizations, to public libraries located in or near
the city by appropriations for such purposes, or by exemptions
from municipal taxation, or from charge for use of water or
light furnished by the city, or by the extension of light or water
shall be passed except by the vote of two-thirds of all the members
elected to the Council.
Sec. 22. Ordinances increasing indebtedness, etc.—motion
to reconsider.
Upon the announcement by the president of the adoption of
resolutions, or ordinances having for their object the increase of
the indebtedness of the city, or the expenditure of its revenue,
except in the payment of its salaried officers, any two Councilmen
may give notice of a motion to reconsider, which notice shall delay
the question until said reconsideration can be acted upon at the
next regular meeting.
Sec. 23. Disposition of public property and franchises.
a. No ordinance or resolution granting, leasing, selling, or
otherwise disposing of any public property or franchise (except
the rights of the city in its gas, water, electric works and
sewer system, now owned or hereafter acquired, as provided
in clause "b" of this section), shall be valid unless passed by
a recorded affirmative vote of three-fourths of all the members
elected to the council. In case of the veto by the Mayor of
such an ordinance or resolution, it shall require a recorded affirmative
vote of three-fourths of all the members elected to the
council to pass such ordinance or resolution over the veto. (Code,
Sec. 1033e.)
b. 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
clause "a" 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 25
of the Charter applicable to a special election. (Charter, Sec. 26.)
Sec. 24. Ordinances or resolutions—action by mayor.
Every ordinance or resolution having the effect of an ordinance,
passed by the Council, shall be presented to the Mayor
for his approval or disapproval. If he approve the same, he
shall sign it; and such ordinance or resolution shall become operative
provided in the ordinance or resolution.
If the Mayor do not approve and sign any ordinance or resolution,
and shall not return the same to the Council, with his
objections thereto, within five days (Sundays excepted) after it
shall have been presented to him, it shall become operative in
like manner as if he had signed it, unless his term of office, or
that of the Council, shall expire within the said five days. (Code,
Sec. 1033c.)
Sec. 25. Ordinances—proceedings upon veto by mayor.
If the Mayor shall disapprove any ordinance or resolution, or
any item or items of an appropriation, ordinance or resolution,
presented to him for his approval or disapproval, he may return
it, with his objections in writing to the clerk of the Council.
The Council shall have the objections entered at length on
the journal, and proceed to reconsider such ordinance or resolution
or such item or items. If two-thirds of all the members
elected to the Council shall agree to pass such ordinance or resolution,
such item or items, the same shall become operative,
notwithstanding the objections of the Mayor. Otherwise, such
ordinance or resolution, or such item or items, shall be of no
effect. The vote of the Council shall be determined by yeas and
nays; and the names of all the members voting for or against
the ordinance or resolution, or the item or items objected to,
shall be entered on the journal. (Code, Sec. 1033c.)
Any ordinance, resolution or appropriation passed by the
Council and vetoed by the Mayor, shall be sent to the clerk of
the Council who shall immediately notify the president of the
Council, and in case of veto of an appropriation shall also notify
the chairman of the committee for whose department the
appropriation was made.
Sec 26. Members failing to vote—disqualifications for
voting.
A member who is present and fails to vote when the yeas and
nays 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.
Sec. 27. Elections by council.
At all elections by the Council the voting shall be viva voce,
and each member shall be entitled to one vote, and only one
person shall be elected at a time. 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. (Constitution,
Sec. 27.)
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.
Sec. 28. Witness before council and committee—how attendance
secured.
The Council or any committee thereof when specially authorized
thereto, the Board of Police Commissioners and the
Board of Fire Commissioners, if there be such boards, 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 the investigation by such a body, such attendance
and evidence is necessary and proper.
Summons to attend as a witness or to produce books or
papers shall be in writing, signed by the presiding officer of
the body issuing the same, and shall be served by the Chief of
Police or a member of the force, in the same manner as a process
to commence an action at law is served; such witnesses shall
be sworn by the officer presiding at such investigation, and shall
be liable to the penalties for perjury or false testimony given
at such investigation. Any person failing or refusing to obey
such summons, or refusing to testify or to produce such books
or papers, may be summoned before the Mayor (or Police Justice)
of the city, and, upon failure to give a satisfactory excuse,
shall be fined in a sum not less than ten dollars nor more than
one hundred dollars, or imprisoned for a period of time not
exceeding thirty days. A person found guilty under this section
shall have the right of appeal, as in case of misdemeanor, to
the Corporation Court of the city. (Code, Sec. 1015g.)
Sec. 29. Rules of order by the council.
The rules of order and procedure of the Council, subject to
shall be as follows:
(1) Parliamentary Rules.—The proceedings of the Council,
except as its own rules may otherwise provide, shall be governed
by Reed's Manual of Parliamentary Rules; and no rule
adopted by the Council shall be suspended without the concurrence
of two-thirds of all the members elected thereto.
(2) The President or Presiding Officer to Enforce Rules,
etc.—The presiding officer shall enforce the rules of the Council,
preserve order and decorum, appoint all committees, not
otherwise provided for, and discharge such other duties as appertain
to his office.
(3) President to Decide Questions of Order.—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 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 the relevancy, or applicability of propositions,
the appeal may be debated.
(4) President to State Questions of Order and Declare Result
of Votes.—The president shall rise to put a question, but,
may state it sitting. Questions shall be distinctly put in the following
form, namely: "As many as agree that, etc., etc., (as
the case may be) say `aye' " and after the affirmative vote is
given, "Those opposed say `no.' " The president shall declare
all votes and in doubtful cases may direct, or any member may
demand, a division which shall be taken by a rising vote or poll.
(5) Members Not to Withdraw without Leave.—After a
member, at any meeting, has been recorded as present, he
shall not, without unanimous permission of the Council, absent
himself from such meeting until its adjournment.
(6) Members—Conduct in Addressing the Body.—Every
member, before speaking to a question, offering a resolution,
petition, or other communication, shall first rise from his seat
and respectfully address the presiding officer as, "Mr. President,"
to the question before the Council, avoid all personal, or indecorous
language, and resume his seat when he has finished. No
discussion of a sectarian, or political nature shall be allowed.
No member shall interrupt another while speaking, except to
rise to a point of order, the point to be briefly stated to the presiding
officer.
(7) Members—Order of Recognition by the President.—
When two or more members rise at the same time, the president
shall name the one to speak; but in all cases, the member first
rising and addressing the Chair shall speak first.
(8) Members—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 Council.
(9) Members—How Called to Order.—If in speaking any
member transgress the rules of the Council, the President shall,
and any member may, call him to order, in which case he shall
immediately take his seat, unless permitted to explain. If there
be no appeal, the decision of the Chair shall be submitted to.
If the decision be in favor of the member called to order, he
may proceed; if otherwise, he shall not proceed except by leave
of the Council.
(10) Members—Conduct While Sitting.—No member shall,
while the Council is sitting, interrupt or hinder its business by
standing up, moving about, smoking, talking, expressing approval
or disapproval of any of the proceedings, or by any other
conduct tending to disorder or confusion.
(11) Non-Members to Address Council Only by Permission.
—No person who is not a member of the Council shall orally
address it, until leave to do so has been applied for through a
member of the Council and granted by it.
(12) Communications to Be in Writing.—No communication
to the Council shall be entertained unless the same be in writing.
(13) Motions or Propositions to Be in Writing; to Be Stated
before Discussion; When They May Be Withdrawn.—Every
motion or proposition, except such as are subsidiary or incidental,
it shall be stated by the president before it is debated. A
motion or proposition may be withdrawn by the mover, with
consent of second, at any time before it is decided, amended or
otherwise acted upon by the Council.
(14) Motions—Amendments Must Be Relevant.—No motion,
proposition, or subject different from that under consideration,
shall be admitted under color of amendment.
(15) General Ordinances to Be Read Twice before Passage
—Reading May Be Dispensed with by Majority Vote.—Every
general ordinance shall be read twice before its final passage.
The first reading shall be for information. If objection be made
to the ordinance, the question shall be: "Shall the proposition
be rejected?" If there be no objections, or if on a vote the objections
be not sustained, the ordinance shall stand referred
without debate to the Ordinance Committee, who shall report
on the same at the next regular meeting of the Council, unless
otherwise specially ordered. Upon the report of the Ordinance
Committee and the second reading of the ordinance the question
shall be upon final passage, which must be determined by a
majority vote. Any reading may be dispensed with by a majority
vote.
(16) General Ordinances to Be Referred to Committee and
Go Over to Next Meeting, unless Otherwise Ordered by Two-Thirds.—No
general ordinance shall be enacted, amended or
repealed without being referred to the Ordinance Committee,
nor until the next regular meeting after such ordinance, amendment
or repeal is proposed, except by a vote of two-thirds of
the entire Council.
(17) Ordinances to Be Repealed or Amended Only by Ordinance—Ordinance
to Take Effect from Date, unless Otherwise
Provided.—No ordinance shall be amended or repealed except
by an ordinance, provided that the suspension of rules may
be made by a motion. Every ordinance shall take effect from
the date of its passage unless otherwise provided.
(18) 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 Charlottesville,"
by the Council of Charlottesville."
(19) Motion—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.
(20) Motion to Adjourn—When in Order.—A motion to
adjourn shall always be in order except when a member has
the floor, when the 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.
Any member who obtains the floor during a debate and submits
no other motion or remark, may move for the previous
question, which motion, if seconded, shall forthwith be put to
the Council. Two-thirds of the members present shall be required
to order the main or previous question.
(21) Previous Question—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. If the motion for the previous question be not carried,
debate may continue as if the motion had not been made.
(22) Filling Blanks in Certain Ordinances.—In filling blanks
in ordinances or resolutions involving money or time, the question
shall be put first upon the largest sum or longest time.
(23) Majority Vote to Govern unless Otherwise Ordered.—
In all matters pending before the Council, a majority shall govern,
except in cases where it is otherwise specially provided.
(24) Members Not to Vote When Personally or Pecuniarily
Interested—In Other Cases to Vote unless Excused.—No member
having an immediate personal or pecuniary interest in the
result of any question before the Council shall vote thereon. In
all other cases, every member present when a question is put,
shall vote unless excused by the Council.
(25) Yea and Nay Vote.—On the call of any member of the
Council, the vote on any question may be taken by ayes and
nayes, and recorded, provided the demand be made before other
business has been taken up.
(26) Dissent May Be Recorded.—Any member shall have
the liberty to dissent from or protest against any ordinance, resolution
or order of the Council and have the reason of his dissent
entered upon the record.
(27) Motion 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 9,
ante.
(28) When Committees Shall Report, and on What Matter.
—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.
(29) Meetings of Committees; How Called; 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 the chairman, a
majority shall constitute a quorum for the transaction of business.
The standing committees of the Council shall meet at
least once in each month, prior to the regular meeting of the
departments and for the consideration and preparation of
such matters as may be necessary to present to the Council; and
to this end it shall be competent for the Mayor to convene the
several committees at the city hall.
(30) Reports of Committees to Be in Writing.—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 (or solicitor) shall be
returned with the reports. Nothing in this rule shall be construed
to prevent the return of minority reports.
(31) Quarterly and Annual Report.—All standing committees
of the Council shall make written reports of their respective departments
to the Council quarterly, and an annual report at the
regular meeting in September of each year, and the latter report
shall be for the fiscal year. Such reports, when adopted, shall
be annually published with the reports of the officers of the city.
(32) Claims against City—When They May Be Acted on—
Verification of Application for Remission or Repayment of Fine
or Tax.—No claim against the city shall be acted upon at any
meeting of the Council, except by unanimous consent, unless the
same has been considered and reported on by the Committee on
Finance and Claims. Every application for a remission or repayment
of a fine or tax shall be verified by oath of the applicant,
and, without special order, shall stand referred to the
Committee on Finance and Claims.
(33) Rules for the Construction of Statutes.—The rules for
the "Construction of Statutes," as given in the Code of Virginia,
shall, so far as applicable, govern the construction of these ordinances
and of all other ordinances and resolutions of the
Council.
(34) Calendar of Unfinished Business.—A calendar of all
referred and deferred petitions and communications to the City
Council shall be kept for the use of the president of the Council.
(35) Order of Business.—At every regular meeting of the
Council the order of business shall be as follows:
1. Roll call.
2. Reading of minutes. The journal of the preceding meeting
and signed by the person presiding. Such ordinances as
may have been adopted at the preceding meeting and copied in
the ordinance book shall also be read and no objection being
made, shall be approved and signed by the person presiding.
3. Petitions and communications. Every petition or communication
shall be referred without debate to an appropriate
committee, after their purport has been briefly stated by the
member offering same.
4. Reports and communications from city officers, including
financial statements.
5. Reports of standing committees in their order.
(a) Finance and Claims.
(b) Streets and Sanitation.
(c) Water and Sewers.
(d) Gas and Light.
(e) Fire Department.
(f) Grounds and Buildings.
(g) Poor.
(h) Public Schools.
(i) Ordinances.
(j) Cemeteries.
(k) Health.
(l) Police.
6. Reports of special committees.
7. Ordinances for second reading.
8. Offering of original resolutions, orders and ordinances.
9. Miscellaneous and unfinished business.
The order of business shall not be departed from except by
the consent of a majority of the members of the Council.
(36) 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.
CHAPTER II.
CLERK OF THE COUNCIL.
Sec. 30. Clerk of the council—election—term—duties.
The Council shall elect a City Clerk who shall hold his office
for two years, unless sooner removed, whose duty it shall be
to attend every meeting of the Council and keep an accurate
record of its proceedings. The Clerk shall file and preserve all
written opinions furnished by the City Attorney to the Council
or its committees, also 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 contract for and supervise the
printing of all official reports and ordinances that may be ordered
by the 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 Council.
Sec. 31. Same—ordinance book.
The Clerk of the Council shall keep a journal of its proceedings;
also 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 the public inspection. 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 council,
its president or vice-president, be exhibited, nor copies thereof
furnished to other persons than the committees or city officials
entitled thereto.
Sec. 32. Same—shall furnish papers to committees, etc.
The Clerk of the Council shall, within forty-eight hours after
each session of the Council, furnish to the chairman of each
committee thereof (to whom he shall also furnish the names of
the members of such committee if it be a special committee) a
copy of any petition, communication, resolution, or other paper
which may be referred to such committee. He shall also, within
copy of every ordinance, or resolution having the effect of an
ordinance, passed by the Council, and to every committee or
officer 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 be furnished to the Treasurer and
Auditor within twenty-four hours after their passage. He shall
notify persons who have presented petitions or communications
to the 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 Council, of such election.
And in case of veto of any ordinance, resolution or appropriation
it shall be the duty of the Clerk to immediately notify the
president of the Council; and in case of veto of an appropriation
he shall also notify the chairman of the committee for whose
department the appropriation was made.
Sec. 33. Same—docket of petitions, etc.
The Clerk shall keep a docket of petitions and other papers
presented to the Council, and shall mark thereon when and by
whom presented, to what committee referred, and what report
was made thereon, and when such report was made. He shall
make these several entries as the several steps are taken, and
shall keep such docket upon his desk during the sessions of the
Council. He shall also, at the commencement of each regular
session of the Council, furnish the presiding officer thereof with
a memorandum of such business as may mave been continued
from previous meetings, together with the names of the committees
having charge of the same.
Sec. 34. Numbering ordinances.
The Clerk shall enter upon the minute book, upon every ordinance,
and upon the book of ordinances, the proper number of
each ordinance, and in putting such number he shall commence
at the number following the section adopting this Code and continue
on indefinitely.
CHAPTER III.
THE CITY SEAL.
Sec. 35. Corporate seal.
The Corporate Seal of the City of Charlottesville 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 said words
shall be raised letters; the said design being the same as that
heretofore in use as the seal of the city. No other seal shall be
used for the City of Charlottesville, 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.
Sec. 36. Custodian of seal.
The Mayor 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.
CHAPTER IV.
OFFICERS, THEIR OATHS AND BONDS.
Sec. 37. Officers—their terms of service, etc.
Unless otherwise specifically provided, every municipal officer
elected by the Council shall hold his office for two years.
The term of all officers so elected shall commence as soon as
they have qualified and given bond as required. Vacancies occurring
in such office shall be filled by the Council at the first
regular meeting thereafter, or at a special meeting held for that
purpose; provided, that notice of such meeting and the purpose
thereof shall have been given, as far as possible, to all members
of the Council. All persons elected or appointed to fill a vacancy
shall hold office only during the unexpired term of the
office in which such vacancy occurs.
Sec. 38. Same—terms of service; salaries, etc.
Every officer elected or appointed by the Council shall hold
his office until his successor shall have been elected and shall
have qualified and given bond, unless he be sooner removed, and
shall receive for his services such compensation as the Council
may allow, but 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.
Sec. 39. Same—appointment of substitute during inability
to serve.
If any officer elected by the Council be 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 Council,
and the fact of such ratification shall be endorsed on such appointment
by the president of the Council. Nothing herein shall
be construed to effect the right of the Mayor to remove any officer
of substitutes, this section shall not apply to the office of
Police Justice.
Sec. 40. Same—removal of for malfeasance, etc.
For malfeasance, misfeasance, neglect of duty, incapacity, or
any other good cause, the Mayor may remove from office any
officer elected or appointed by the Council. (Charter, Sec. 30.)
Sec. 41. Same—oaths of office.
Every person elected or appointed to any office in the city
shall, before entering upon the duties of his office, take the oath
of office, as prescribed for all other officers, by the laws of Virginia,
and qualify before the Corporation Court, or the judge
thereof in vacation, and a certificate of such oath shall be filed
by them with the Clerk of the Corporation Court, and in the
cases of the Mayor and aldermen a certificate of such oath having
been taken shall be filed by them, respectively, with the
Clerk of the Council who shall enter the same upon the journal.
(Charter, Sec. 7.)
If any person elected or appointed to any office in the city
neglect to take such oath for ten days after the commencement
of the term for which he was elected, his office shall be deemed
vacant and the Council shall proceed to fill the vacancy as prescribed
in section 37 of these ordinances. (Charter, Sec. 7.)
Sec. 42. Same—pay of suspended officers.
Any officer who shall be suspended by the Mayor 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, however,
if the suspension is not sustained, the officer so suspended
is to receive his pay in full, the same as if no suspension had occurred.
Ses. 43. Same—their terms of service, vacation, etc.
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 chairman of the
committee having charge of such department together with the
of salary for the time lost, except in case of sickness when they
shall, upon the certificate of a physician, and upon a two-thirds
vote of the Council, be allowed half pay not exceeding thirty
days in any one year.
A vacation of ten days in each year shall be allowed the superintendents
of departments as above described without loss of
pay, at such time as will not be detrimental to the public service
and as may be agreed upon by the chairman of the committee in
charge of such department together with the approval of the
Mayor.
Sec. 44. Same—official bonds.
The penalties of the official bonds of the following officers
shall be, respectively, as herein enumerated, to wit:
| Mayor | $ 2,000 |
| Auditor and Clerk | 5,000 |
| Treasurer | 25,000 |
| Commissioner of the Revenue | 3,000 |
| City Engineer | 3,000 |
| Street Commissioner or Foreman | 1,000 |
| Chief of Police | 1,000 |
| Superintendent of Water and Sewers | 1,000 |
| Superintendent of Gas and Light | 1,000 |
| Assistant Superintendent of Gas and Light | 500 |
| Overseer of the Poor | 1,000 |
| Superintendent of Cemeteries | 1,000 |
| Sergeant | 2,000 |
| Constable | 2,000 |
Every official bond required by the ordinances of the city shall
be given in such guaranty company as will be satisfactory to the
Finance Committee, and shall be made payable to the City of
Charlottesville, with condition for the faithful discharge of the
duties of the office to which the person giving it has been elected
or appointed.
The cost of all official bonds shall be at the expense of the city.
Any person elected or appointed to any office who shall for ten
days after the beginning of the term for which he was elected
of him, shall thereby vacate his office. (Charter, Sec. 7.)
The Finance Committee shall report to the Council all official
bonds given as required by this section for entry upon its journal
and the bonds shall be filed in the office of the clerk of the
Corporation Court.
Sec. 45. Same—salaries to be fixed by the council.
The salaries of all officers who shall receive stated compensation
for their services from the city, shall be fixed by the Council; but
no salary of any officer elected by a vote of the people or appointed
or elected by the Council, or the judge of the Corporation
Court, shall be diminished or increased during his term of office.
The salary of the Police Justice shall not be less than $200 nor
more than $600 per annum. (Charter, Sec. 31.)
Sec. 46. Same—annual reports.
All reports of the city officers required to be made by the Council
shall be submitted in writing at the regular meeting of the
Council in September of each year, showing the operations, receipts
and disbursements of their respective departments, for the
previous fiscal year, and containing a statement of such city property
and the approximate value thereof, other than stationery, as
may be in their possession when such reports are made; also such
recommendations as may be deemed proper.
Sec. 47. Same—receipts by, for official property.
Every officer of the city, when entering upon the duties of his
office, shall file with the City Auditor an itemized receipt for all
personal property furnished him by the city, specifying in detail
the cost or estimated value. He shall also be responsible for the
safe-keeping of such property as he may receive from the city;
and at the expiration of his term of office, shall surrender the
same to the city in as good condition as when received by him, save
reasonable wear and tear.
CHAPTER V.
THE MAYOR.
Sec. 48. General duties and powers.
The Mayor of the City of Charlottesville shall be the executive
head of its municipal government; it shall be his duty to take care
that the by-laws and ordinances of the city are fully and faithfully
executed and observed, and that the duties of the various city
officers and servants are faithfully performed. To this end he
shall have power to investigate their acts, have access to all books,
papers and documents in their offices and to all city property, and
may examine all city officers or servants, or their subordinates, or
any other person, touching their official acts or the public business;
but the evidence so given by any person shall not be used in
any criminal proceedings against him.
The mayor shall further discharge all other executive duties and
functions properly belonging to his office, or which may be imposed
upon him by the ordinances of the city, or the laws of the
State. (Charter, Sec. 30.)
Sec. 49. Same—suspension or removal of subordinate
officers.
The Mayor shall also have power to suspend any officer or
servant of the city for proper cause and to remove such officer
or servant for his misconduct, or malfeasance, misfeasance, or
non-feasance in office. No order of suspension or removal
under this section shall be made until the officer or servant affected
shall have been given reasonable notice of the charge
against him and an opportunity to be heard in person or by
council and to present testimony in his defence. Such order
shall specify the cause of such suspension or removal, and an
appeal shall lie therefrom, or right, to the Corporation Court of
the city. This section shall not apply to laborers or subordinate
employees of the various departments. The Mayor, when he
has made such a suspension or removal, shall report the facts
the council. (Charter, Sec. 30.)
Sec. 50. Same—supervisory duty.
The Mayor shall exercise a general supervision over all the
city's rights, franchises, properties and affairs, and shall inspect
and supervise the different departments and offices, and see that
all ordinances, orders and resolutions of the councils are duly
and faithfully performed.
Sec. 51. Same—to prohibit certain theatrical performances,
etc.
The Mayor or council may prohibit any theatrical or other
performance, show or exhibition within the city or a mile of its
corporate limits, which may be deemed injurious to the morals
or good order of the city or of the people of Albemarle County.
(Charter, Sec. 29.)
Sec. 52. Same—annual and other reports.
The Mayor shall annually furnish to the Council at its first
meeting in September a full report of his official actions for the
twelve months ending August 31 just preceding, with such
recommendations touching the city's welfare and its rights, properties,
government and business as he may deem pertinent and
for the best interests of the city. He shall also at any other
time when called upon so to do by the Council, or when he may
deem it advisable, investigate and report on any matter affecting
the interests of the city.
Sec. 53. Same—removal from office.
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
or motion before said court, upon reasonable notice to the party
to be affected thereby, and with the right of said Mayor of an
appeal to the Supreme Court of Appeals. (Charter, Sec. 30.)
Sec. 54. Same—general duties.
The said Mayor shall perform any other duties and have any
not inconsistent with the constitution and laws of the State.
Sec. 55. Same—vacancies, temporary and permanent.
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 president of the 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. (Charter, Sec. 30.)
Sec. 56. Same—power to appoint special police.
He shall have power to appoint special policemen as he may
deem necessary to preserve the good order of the city, which
appointment he shall report to the next regular meeting of the
Council, and if said appointment is approved by it, it shall be
confirmed. (Charter, Sec. 30.)
Sec. 57. Insurance of city property.
It shall be the duty of the Mayor to see that all city property
is properly insured against fire or loss from other causes. All
insurance policies shall be turned over to the Clerk of the Council
to be filed.
CHAPTER VI.
CITY ATTORNEY.
Sec. 58. City attorney—election; qualification.
The Council shall elect an attorney for the city, who shall
have been admitted to practice in the courts of the Commonwealth.
Sec. 59. Same—duties.
The City Attorney shall have the management, charge and
control of all law business of the city, and be the legal adviser
of the Mayor, the Justices of the Peace, City Council, or any
committee thereof, and of 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 them.
Sec. 60. Same—duties.
It shall be the duty of said attorney to draft all bonds, deeds,
obligations, contracts, leases, conveyances, agreements and other
legal instruments of whatever nature, which may be required of
him by any ordinance or order of the City Council, or
which by any ordinance or order heretofore passed, may be
required to be done and made by the city, 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 commenced by
the city before any tribunal in this Commonwealth, whether
in law or equity; and also to appear in defence and advocate
the rights and interests of the city, or of any officer of the city
in any suit or prosecution for any act in the discharge of their
official duties wherein any estate, right, privilege, ordinances or
acts of the city government may be brought in question, and
for the city by any ordinance or resolution of the City Council.
Sec. 61. Same—salary.
The salary of the City Attorney shall be in full compensation
for his services as to all matters, including the conduct of
cases in the Court of Appeals, or courts other than those of the
city of Charlottesville. When the duties of his office require
his attendance out of the city, his reasonable traveling expenses
shall be allowed him.
CHAPTER VII.
COMMISSIONER OF THE REVENUE AND ASSESSMENT OF TAXES.
Sec. 62. Commissioner of revenue—his term of office.
There shall be one commissioner of revenue who shall hold
his office for the period of four years and until his successor be
elected and qualified, unless sooner removed from office. He
shall give bond with sureties in such amount as the Council may
determine, said bond to be approved by the Council and filed in
the office of the Clerk of the Corporation Court. In case a
vacancy shall occur in the office of Commissioner of Revenue
the judge of the Corporation Court shall appoint a qualified person
to fill said office until the next general election which may be
held in the city, when the vacancy shall be filled by election for
the unexpired term.
Sec. 63. Same—his duties.
The duties of the Commissioner of the Revenue, with reference
to the assessment of taxes for the city, except so far as modified
by these ordinances, shall be the same as those prescribed
for him by law with reference to the assessment of taxes for the
State.
Sec. 64. Same—appointment of deputy.
The Commissioner may, with the approval of the Corporation
Court, appoint one or more deputies, but he and his sureties
shall be responsible for their acts.
Sec. 65. Same—delivery of books and papers to successor.
Every Commissioner upon going out of office shall deliver to
his successor all books and papers pertaining to his office which
belong to the city. Should he fail to do so, he may be fined
fifty dollars and his successor shall proceed to have such books
or papers as are necessary duplicated at the expense of the city.
Sec. 66. Same—land and personal property books.
The Commissioner shall annually prepare one book of real
and another of personal property, in which shall be placed respectively
all the real and personal property subject to taxation
under the ordinances of the city. These books shall be arranged
and filled according to the rules, forms and regulations
which the Commissioner is required to follow in preparing similar
books for the assessment of state taxes, except so far as it
may be necessary to modify the same under the ordinances of
the city. The Commissioner shall make out and certify under
oath, three copies of each of these books; one copy of each he
shall keep in his office, subject to inspection by the public; another
he shall deliver to the City Treasurer and the third to the
Clerk of the Corporation Court, taking the respective receipts of
the Treasurer and Clerk of the Court therefor. These copies
shall be delivered before the 15th day of July in each year.
Should the Commissioner fail to deliver such copies before that
day, he shall be fined two hundred dollars.
Sec. 67. Same—transfers upon land book.
The Commissioner shall transfer upon the land book all land,
which, according to the list, it is the duty of the Clerk of the
Corporation Court to make out under the State law. (Code, §
459.)
Sec. 68. Same—omissions from tax books; how corrected.
Should the Commissioner of Revenue discover at any time
after the books have been made out and delivered to the Treasurer
that he has omitted any property, real or personal, he shall
forthwith assess the same, and send a copy of the assessment to
the Treasurer, and the Treasurer shall collect the tax so assessed
as other taxes are collected, and the commissioner shall
place the same on his books the following year as omitted taxes
for the previous year.
Sec. 69. Same—how new buildings assessed.
New buildings shall be assessed, whether entirely finished or
not, at their actual value at the time of assessment. (Code, Sec.
482.)
Sec. 70. Same—repairs and additions.
Any buildings and enclosure which may have been increased
in value to one hundred dollars or upwards, by repairs or additions
thereto, shall be assessed in the same manner as if they
were new. (Code, Sec. 483.)
Sec. 71. Same—buildings when injured or destroyed,
their value to be reduced.
When, from natural decay, or other causes, any building and
enclosure as aforesaid, which have been assessed, shall be either
wholly destroyed or reduced in value below one hundred dollars,
the Commissioner shall deduct from the charge against the
owner, the value at which such building and enclosure may have
been assessed; and if the value of building has been impaired
by violence to an extent of one hundred dollars or upwards, the
Commissioners shall assess the said building in its present condition,
and reduce the charge for the same to the amount so assessed.
(Code, § 484.)
Sec. 72. Same—false entries by; false returns to.
If the Commissioner shall knowingly make a false entry upon
his books, he shall for each offense be fined three hundred dollars;
and if any person shall knowingly render a false list or
statement of his property for taxation to the Commissioner, he
shall be fined three hundred dollars. And when a person refuses
to give to the Commissioner the required list of his taxable
property, the Commissioner shall make such assessment from
any information within his reach, and the person so refusing to
give such list shall be fined twenty-five dollars.
Sec. 73. Same—relief from erroneous assessments.
Any person feeling aggrieved by an entry of assessment upon
the books of the Commissioner, may, after the books are delivered
to the Treasurer, apply to the Corporation Court for relief
at the same time and in the same manner that he is allowed to
obtain relief from erroneous assessments for State taxes.
Sec. 74. Same—compensation.
For his services the Commissioner of the Revenue shall receive
such compensation as the Council may direct. He shall
licenses and such like work as are allowed in similar cases under
the State law, which fees shall be paid by the persons for whom the
service is rendered. Such fees of the Commissioner may be
collected by the sergeant as similar fees are collected when incurred
under State laws.
Sec. 75. Taxes—exempt property.
No tax shall be assessed or collected on any property belonging
to the city, to any religious congregation, to a college or incorporated
academy and used exclusively for educational
purposes, to Masonic or other benevolent associations of like
character, or to orphan or other humane asylums, or to public
libraries.
Sec. 76. Same—rate of to be fixed annually by council.
The Council shall annually fix the rate of taxation which shall
be assessed upon real and personal property and upon licenses,
and shall prescribe all necessary rules and regulations for assessing
the same which are not provided in the general
ordinances of the city, and have same published annually in
pamphlet form for distribution.
Sec. 77. Commissioner—his further duties and powers.
In all other duties and powers, not mentioned in the foregoing
ordinances, he shall be governed by the State law.
CHAPTER VIII.
TREASURER.
Sec. 78. Treasurer—office and duties.
The Treasurer shall keep his office in such place as is provided
for him by the Council; he shall be the custodian of all
city funds, and he shall receive all taxes and other revenues and
moneys 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, and to pay the same out as
the laws of the city may prescribe. (Charter, Sec. 35.)
Sec. 79. Same—method of keeping accounts.
He shall so keep his books that all receipts and disbursements
and the source and character of the same may appear. They
shall show the accounts between the city and its several departments,
and the special sums placed by order of the Council to
the credit of each department of the city government, and how
the same is expended; the condition of the sinking and other
funds of the city; and any and all other accounts necessary to
a true and accurate understanding of the financial affairs of the
city.
Sec. 80. Same—disbursements by.
The Treasurer shall pay all interest from the city upon its
bonded indebtedness to those duly entitled thereto, but he shall
pay no money out of the treasury in any other case, except on
the warrant of the Auditor, and not then unless said warrant be
drawn upon some fund which by some ordinance or resolution
of the Council has been so appropriated that it is properly subject
to such warrant, and such warrant shall be countersigned
by the Mayor or other official as may be authorized by the Council.
Sec. 81. Same—books and accounts—inspection—delivery
to successor.
The books and accounts of the Treasurer, and all papers relating
all times subject to the inspection of the Mayor, the Committee
of the Council on Finance, the Auditor, City Attorney, and such
persons as the Council may appoint to examine the same, and
together with any balance of moneys on hand, shall be transferred
by the Treasurer to his successor, at every new appointment,
or delivered up as the Council may at any time require.
Sec. 82. Same—reports by.
The Treasurer shall quarterly submit to the Committee of the
Council on Finance, for the use of the Council, a full and detailed
account of all receipts and expenditures during such quarter;
and any and all facts and information necessary to a clear
and accurate knowledge of the financial condition of the city.
Sec. 83. Same—examination of books by finance committee.
The quarterly report of the Treasurer shall, as soon as received,
be carefully examined by the Committee of the Council
on Finance, before whom the Treasurer shall produce every
warrant and other vouchers for his disbursements during the
quarter. He shall also exhibit to said committee for its inspection,
his books of accounts and all papers, contracts, bonds and
other assets of the city. After carefully examining said report,
vouchers, books and assets, the said committee shall return said
report to the Council for its action, accompanied with such
comments thereon as they may deem proper and necessary, and
it shall be the duty of the Treasurer to have said report published
in some newspaper of the city as soon thereafter as possible.
Sec. 84. Same—custodian of bonds, notes, etc.
The Treasurer shall be the custodian of all bonds, notes,
choses in action and other like assets of the city, and he shall
be specially chargeable with the assets belonging to the sinking
fund.
Sec. 85. Same—city funds—certificates of deposit.
When moneys on hand belonging to the city in the opinion of
the Treasurer justify his doing so, he may take out interest
approved by the Council, payable to the order of the city, and
whenever the use of the money, or any part thereof, for which
the certificates have been taken out, is required by the city, the
Treasurer is authorized and empowered to endorse said certificates,
or any one or more thereof, and to place the proceeds
thereof to the credit of the city in the same banks which issued
the certificate of deposit.
Sec. 86. Collection of taxes.
The Treasurer shall collect all taxes, assessments, rents, fines,
penalties and other income and revenue of the city which is
not made specially the duty of some other officer to collect. He
shall have the right to appoint one or more deputies, to be approved
by the Corporation Court, for whose acts and doings
he and his sureties shall be responsible.
Sec. 87. Same—rights and powers; deputies.
For the purpose of collecting all taxes, and other dues to the
city, the Treasurer and his deputies shall have the same right
of distress and levy as by the laws of the State is vested in those
whose duty it is to collect the taxes, levies, assessments and
other dues to the State, and all property subject to levy to satisfy
taxes due the State may be taken to satisfy dues to the
city.
Sec. 88. Same—listing omitted property.
Should the Treasurer discover any property which has been
omitted from assessment upon the books of the Commissioner
of the Revenue, he shall list the said property for taxation upon
the books furnished him by the Commissioner and shall collect
the taxes thereon; but in all such cases, the Treasurer shall
report such property so listed by him to the Commissioner for
entry on his books.
Sec. 89. Same—tax tickets.
It shall be the duty of the Treasurer to make off from the
books of the Commissioner of the Revenue a separate ticket
against each tax payer whose name is contained on said book,
showing each class of property, the assessed value thereo and
and deliver said ticket to the tax payer.
Sec. 90. Same—levy and sale of delinquent property.
When it becomes necessary for the Treasurer to levy or distrain
upon the property of any delinquent tax payer, the same
shall be sold at public auction on the premises of said tax payer,
or at such public place as the Treasurer may deem best calculated
to secure a fair price for said property. From the proceeds
of such sale he shall satisfy the tax due the city, and all cost of
collection, paying the residue over to the said delinquent.
Sec. 91. Same—annual list of delinquent taxes.
On or before the first day of September in each year the
Treasurer shall classify into the following alphabetical list all
claims of the city in his hands for taxes and assessments which
he is unable to collect by garnishment, distress, levy or other
means in his power.
First. A list of the property both real and personal, improperly
placed on the Commissioner's books, or not ascertainable,
together with the amount of the taxes charged thereon.
Second. A list of the delinquent taxes on personal property,
with the names and residences of the persons assessed therewith,
said list to indicate whether such persons be white or
colored.
Third. A list of real estate which is delinquent for the nonpayment
of taxes thereon; said list to be in same form as required
by the State, to which he shall subscribe the oath as required
by the State.
Sec. 92. Same—verification and posting of lists.
The second and third lists mentioned in the preceding section
shall each be verified by the oath of the Treasurer, and copies
thereof shall be posted by the Treasurer at the street entrance
to the office of said Treasurer as soon as they are completed.
Sec. 93. Same—delinquent lists; settlement with auditor.
The Treasurer shall, on the 15th day of September in each
the tickets or bills so listed, to the Auditor, who, with the chairman
of the Finance Committee and Commissioner of Revenue,
shall compose an examining board, which shall examine the
same. If the said board be satisfied that the lists are correct
the Auditor shall allow the Treasurer credit for the amounts
thereof, in his annual settlement, which shall be made as of the
first of September, 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 Auditor shall deliver a copy
of the first of said lists to the Commissioner of Revenue, who
shall correct his book accordingly.
Sec. 94. Same—delinquent lands.
The Treasurer shall, on the first day of September in each
year, consolidate or combine the third list mentioned in section
91 of this chapter, with the list of lands delinquent for the
non-payment of State taxes for the like year, arranging said
lists in separate columns, and shall advertise and sell the same
in accordance therewith, and at the same time and in the same
manner as is prescribed for the sale of lands delinquent for the
non-payment of State taxes, and shall make report thereof, as
is provided by law, to the Corporation Court. After said lands
have been confirmed or corrected by said court, they shall be
recorded in the office of the clerk of said court, in a book to
be known as "The Delinquent Land Book," and said lands may
be redeemed in accordance with the statute made and provided
for the redemption of delinquent lands sold for State taxes.
Sec. 95. Same—false returns by; penalties.
If the Treasurer shall return real estate in any such list as
delinquent for the non-payment of taxes, when such taxes or
any part thereof shall have actually been received by him, he
shall forfeit, if the return was by design, ten times the amount
of the taxes so actually received, and if the return was by mistake,
twice the amount—one-half of which forfeiture shall, in
any case, go to the city, and the other half to the person charged
with such taxes. And if the Treasurer shall return in any such
list any real estate as delinquent, when he had either found, or
liable to distress for the taxes for which such real estate is returned
delinquent, he shall forfeit to the city five times the
amount of said taxes.
Sec. 96. Same—fiscal year; when taxes due; liens.
The year for which taxes on real estate are assessed shall be
deemed to commence on the first day of February, and there
shall, from that day, be a lien on real estate, and a further lien
upon the rent of said real estate, whether the same be payable
in money or in kind, for taxes for the current year assessed
thereon, until the same are paid, and the fiscal year for which
assessed until payment thereof. All taxes shall be regarded as
due and payable at such time as may be prescribed in the annual
tax ordinances.
Sec. 97. Same—taxes; payable by whom.
All taxes on real estate imposed by any ordinance of the
Council, shall be payable by the persons who, on the first day of
February in each and every year, were the respective owners
thereof.
Sec. 98. Same—personal property; delinquent list; constable's
duties, etc.
Within fifteen days after the same is delivered to him, the
Auditor shall deliver to the Constable, or any other person the
Council may designate, a copy of the second list described in
section 91 of this chapter, together with the tickets listed thereon,
and shall charge the Constable, or such other collector, with the
amount thereof. The said Constable, or other collector, shall
then proceed to collect said taxes, and for so doing he shall
be entitled to receive twenty-five per centum of the amount
so collected. He shall have the same right of distress, levy and
garnishment in collecting the same as is vested in any collector
of State taxes. He shall make monthly payments to the City
Treasurer of the sums collected by him on his account, and for
such payments shall be allowed credit on the books of the
Auditor; and one year after said list is placed in his hands, he
shall settle his account with the Auditor, returning such uncollected
be allowed due credit therefor.
Sec. 99. Collection of gas and water bills.
The Treasurer shall collect water and gas bills and shall comply
with all ordinances in relation thereto. As to water bills,
he shall notify each debtor on a postal card the amount due by
him to the city, and notice shall be printed on said card that the
amount is due and payable not later than the tenth day of the
month or quarter for which the bill is rendered. He shall supply
the Superintendent of Gas and the Superintendent of Water
with a list of delinquents on the eleventh day of each month or
quarter, as the case may be, except when such day may fall on
Sunday, then the following day; but, the furnishing of such
list of delinquents to the superintendents as aforesaid, shall not
relieve the Treasurer of the liability for the collection of said
delinquent bills. For any negligence on the part of the Treasurer
to furnish such lists, he shall be held responsible for the
amount of the bills.
Sec. 100. Wages—when withheld.
The 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 indebtedness shall be less than the amount of wages
due, in which case he may pay over the excess.
Sec. 101. Must report all unpaid licenses.
It shall be the duty of the Treasurer to report in writing regularly
each month to the Mayor any person doing business
without having paid in full his license tax, and it shall be his
further duty to report as soon as it comes to his knowledge, any
person, firm or corporation doing business without license.
Sec. 102. Treasurer to supply dog tags.
It shall be his duty to supply to each owner paying tax on a
dog or a bitch a tag, which shall bear on its face a number and
the year for which said tax was paid, and he shall keep a record
showing the owner of such dog or bitch and number of such
tag furnished.
Sec. 103. Treasurer's compensation.
From and after the first of January, 1910, the Treasurer
shall be allowed two per centum for his services in receiving
and collecting the revenues amounting to one hundred thousand
dollars or less, and one per centum on all revenues in excess
of one hundred thousand dollars; but he shall not be allowed
any compensation for disbursements.
The word "revenue" shall be construed to mean only money
arising from taxes, licenses, water and gas; that is to say,
money arising from some ordinance of the Council or general
law of the State to raise funds for the general benefit of the
city.
In no case shall the Treasurer be entitled to any compensation
for receiving or disbursing funds arising from the sale of bonds
or the issuing of notes by the city for any purpose.
CHAPTER IX.
CITY AUDITOR.
Sec. 104. Auditor—his election and term.
The Council shall elect one City Auditor who shall hold his
office for two years unless sooner removed.
Sec. 105. Same—general duties.
The Auditor shall superintend the fiscal concerns of the city,
and shall manage the same in the manner required by the ordinances
and resolutions of the Council.
Sec. 106. Same—his books, accounts, etc.
He 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 Council
for the management or improvement of the finances of the
city.
Sec. 107. Same—supervision over other officers.
He shall have the supervision and control of the fiscal concerns
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 in their hands or under their
control; and he shall immediately, upon the discovery of any
default, irregularity or delinquency, report the same to the
Council.
Sec. 108. Same—quarterly reports.
He shall make a quarterly report to the Council, through the
Committee on Finance, at the end of each fiscal quarter, of the
public accounts of the city, and the trusts in its care, exhibiting
all the expenditures of the city, the sources from which the revenues
and funds are derived, and in what manner the same have
been disbursed; each account to be accompanied by statement
in detail, in separate columns, of the several appropriations
made by the Council, the amount drawn on each appropriation,
and the balance standing to the credit or debit of the same.
Sec. 109. Same—annual report and estimates.
The Auditor shall make out and deliver to the Finance Committee
of the Council, for the use of the Council, at its first
regular meeting after the close of each fiscal year, a full and
detailed statement of all receipts and expenditures during said
year. The said statement shall also detail the liabilities of the
city, the requirements for the current fiscal year and the estimated
resources available therefor, the condition of all unexpended
appropriations, the balance of money remaining in
the treasury, with all sums due and outstanding, the names of
all persons who may have become defaulters to the city, and
the amounts in their hands unaccounted for, and all other things
necessary to exhibit the true financial condition of the city. He
shall, in said report, class the different objects and branches of
the city expenditure, giving, as nearly as may be, the amount
required for each; and for this purpose he is authorized to require
of all city officers and heads of departments their statements
of the condition and expenses of their respective departments
and offices, with any proposed improvements, and the
probable cost thereof, of contracts already made and unfinished,
and the amount of unexpended appropriations of the preceding
year.
He shall also report the amount of bonds and city debts payable
during the year, when due and where payable, and all other
things necessary to enable the Council to understand fully the
money exigencies and demands of the city for the current year.
Sec. 110. Same—examination of claims, drawing of
warrants, etc.
He 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 Auditor and approved by the
chairman of the department in which the expenditure was
made, and he shall hold said bills or accounts as his vouchers.
He shall submit all accounts so audited and approved, except
bills for freight or for provender for keep of horses in the
several departments, to the Council for its approval. All accounts
so approved by the Council shall be paid by the Auditor
by drawing his warrant on the Treasurer, countersigned by the
Mayor, stating to whom payable, on what account, and the
particular fund or appropriation from which the same is payable;
and no money shall be drawn from the treasury except
upon the warrant of the City Auditor as aforesaid. In no other
case shall any warrant be drawn by the Auditor for the payment
of money unless the same is authorized by some ordinance
or resolution of the Council, making a special appropriation to
the person or department in whose behalf the same is drawn.
Sec. 111. Same—warrants for salaries of city officers.
Upon the last day of each month, or not more than three days
prior thereto, the Auditor shall draw a warrant to each officer of
the city who receives a fixed annual salary, a sum equal to one-twelfth
part of such salary.
All officers or employees receiving their salary or wages weekly
shall be paid by the Treasurer weekly and the Auditor will make
a warrant to the Treasurer at the end of each week for sums so
paid.
Sec. 112. Same—to fix pay day.
The Auditor is hereby authorized and directed to fix a pay
day, on which all persons or firms having claims against the
city will be entitled to receive their warrants. Said pay day shall
be fixed at least two days after the meeting of the Council at
which the accounts are approved.
Sec. 113. Same—annual settlement with treasurer.
The Auditor shall, within sixty days after the close of each
fiscal year, make an annual settlement with the Treasurer, said
settlement to include all taxes, licenses, gas, water and such
other bills and revenues as may be properly chargeable to him
for the previous fiscal year. Said reports shall show the amount
of money collected by the Treasurer from the several departments
and the amount of uncollected bills rechargeable for the
ensuing fiscal year. Said report shall be submitted to the Finance
Committee of the Council for examination and approval
and spread upon a book kept for that purpose.
Sec. 114. Same—publication of monthly disbursements,
and annual reports.
The Auditor shall prepare as soon after the close of each
month as may be practicable, a statement showing the expenditures
for the previous month, showing the amount of each
warrant, to whom paid and for what incurred, and the departments
to which the said warrants are chargeable. Said report
shall be published for three consecutive days in some newspaper
of the city, or in such other manner as the Council may prescribe.
He shall also have published in such manner as the
Council may prescribe the annual reports as provided for in section
109 of this chapter.
Sec. 115. Same—secretary of the sinking fund.
It shall be the duty of the Auditor, as one of the Sinking Fund
Commissioners, to act as secretary of said commission, and to
keep such books and records as may be necessary to show a
complete and detailed account of the transaction of said commissioners.
Sec. 116. Same—general duties.
The Auditor shall perform such other duties as are or may
hereafter be required of him by any ordinance, resolution or
act of the Council. He shall be paid a salary to be fixed by the
Council, which shall not be diminished or increased during his
term of office.
CHAPTER X.
SINKING FUND.
Sec. 117. Sinking fund—commissioners of.
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, chairman of the Finance
Committee of the Council, Auditor, Treasurer, and president
of the Council shall constitute a board to be called the Sinking
Fund Commissioners.
Sec. 118. President and secretary.
The Mayor shall be the president, and the Auditor the secretary,
of said Board. 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.
Sec. 119. Treasurer.
The City Treasurer shall keep an account of and shall be the
custodian of all moneys, bonds and other evidences of debt belonging
to said sinking fund, and shall be the treasurer of Sinking
Fund Commission.
Sec. 120. Sinking fund.
The Council shall set apart from the resources of the city
such proportion of its annual revenues as shall be equivalent
in cash value to at least one-fortieth of the bonded debt of the
city. Said fund shall be set apart, one-half on the first day of
January of each year and the other half on the first day of
July of each year, and shall be placed to the credit of the Sinking
Fund Commissioners. 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 Council to any other purpose.
Sec. 121. Same—purchase of bonds for fund.
The Board shall apply all appropriations, interest and profits
from any bonds held by them to the purchase of bonds or certificates
of debt of this city, or of this State, or of the United
States, or of some other state of this Union, or any other bonds
the Sinking Fund Commissioners may deem a safe investment.
The accrued interest on said securities shall be collected by the
Treasurer when due, and deposited to the credit of the sinking
fund. All such securities shall be held and the interest thereon
re-invested according to the provision of this ordinance, until
some part of the city debt shall become due, when, unless other
provision be made by the 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; provided, however,
that only such proportion of the sinking fund shall be used
in the payment of any maturing bonds, as the amount of said
maturing bonds bears to the whole bonded indebtedness of the
city; the residue of said maturing bonds to be refunded.
Sec. 122. Same—annual report of.
The Sinking Fund Commission shall, through its secretary, on
the first day of each September, make a report of the condition
of the sinking fund to the Council. Said report shall state the
cash receipts for the year, in detail, an itemized list of bonds
bought or sold, with price paid or received, and a detailed list of
all securities held by said Commission. Said report shall be approved
by the treasurer of the Sinking Fund.
Sec. 123. Disbursements—how made.
All disbursements by said Commission shall be by warrant of
the secretary, countersigned by the president of the Board,
drawn on the treasurer of the Sinking Fund Commission.
CHAPTER XI.
CITY CONTRACTS.
Sec. 124. City contracts—how awarded; notice to auditor.
No contract for work to be done or purchase of any material
or supplies, the cost of which will exceed two hundred dollars,
shall be made until such contract or purchase shall have been
ordered by the Council. Whenever any committee, officer or
board of officers of the city shall be directed by ordinance or
resolution of the Council to procure any work to be done, or
any materials or supplies to be furnished, the cost of which
will exceed two hundred dollars, it shall be the duty of such
committee, officer or board to give at least ten days' notice in
the newspapers wherein are published the city ordinances, or
such trade publications as may be best suited for the purpose of
inviting proposals for doing such work or furnishing such materials
or supplies; and said committee, officer or board shall
award such work, or the furnishing of such materials or supplies,
to the lowest and best bidder; provided, that if the Council
shall limit the cost thereof, the same shall not be let at a cost
exceeding such limit. As soon as practicable after the award is
made, it shall be the duty of said committee, officer or board to
transmit a notice to the City Auditor, reciting the terms of the
contract and the names of the contractors, and directing him to
prepare the proper contract, which shall be in such form as the
City Attorney may approve.
Sec. 125. Same—how performance secured.
The performance of all such contracts shall be secured by at
least two approved sureties giving bond to the city in amounts
as follows: When the estimated amount of the contract is two
thousand dollars or less, the bond shall be for the full amount
of the contract; and when the estimated amount of the contract
is over two thousand dollars, the bond shall be for two thousand
dollars and twenty-five per cent. of the amount of the estimate
ten thousand dollars shall be required, unless the same shall be
specially prescribed by the ordinance or resolution under which
the contract is made.
Sec. 126. Same—how signed and executed; where
filed.
All contracts shall be signed on behalf of the city by the officer
of the city or chairman of the committee to whom the
Council may specifically delegate such power, and by the Mayor.
All contracts shall be executed in duplicate, of which the original
shall be filed with the City Auditor, and the duplicate shall
be delivered to the party contracting with the city.
Sec. 127. Same—when to be executed.
Every contract with the city shall be executed within five
days after notice has been transmitted to the Auditor that the
same has been awarded, and in case of a failure so to do, it
shall be the duty of the City Auditor to report the fact to the
authority awarding the same, and thereupon the contract may be
awarded to the next lowest bidder, or notice for proposals may
again be given, as said authority may deem best for the city.
Sec. 128. Same—city officials not to be interested in.
No officer of the city, or member of the Council, shall, directly
or indirectly, contract with the city, or any of its boards or
committees, for furnishing it or any of its departments with
labor, supplies, machinery or other articles, or for doing any
work for the city, nor shall he be interested in the profits on any
such contract; but this section shall not be construed as to prevent
sales of goods to the city, or its boards or agents, by members
of the Council, in open market or in the usual course of
trade at their respective places of business; nor to prohibit a
member of the Council who is a physician to furnish professional
service to the city. (Code, § 823, as amended by Acts,
1908, p. 322.)
Any one violating this section shall be fined fifty dollars, and
shall, in addition, be deemed guilty of malfeasance in office, and
subject to removal therefrom.
CHAPTER XII.
CITY ENGINEER.
Sec. 129. Election, term and duties.
The Council may elect a City Engineer, whose term of office
shall be for two years and who shall continue in office until
his successor be elected and qualified, unless sooner removed
from office, and who shall receive such salary as may be fixed
by the Council. His duties shall be to give a general supervision
to all streets, grounds, buildings, water works, sewers, and all
other property belonging to the city, and to make such surveys
and estimates, and do such other things in the line of his profession
as the Council and the various committees thereof may
direct, or the necessities of the city may require, whether such
duties be specially prescribed in these ordinances or not. He
may also be the architect of the city as to all public buildings
and improvements. He shall also perform such engineering
work for the gas department as may be necessary.
Sec. 130. Furniture, stationery, etc.
He shall be supplied by the city with all necessary furniture,
blank books and stationery; but all such articles, together with
all maps, plans, estimates and papers pertaining to his office,
shall be turned over by him to his successor, who shall hold the
same in like manner as the property of the city; or they shall
belong to the city in case of a vacancy in the office or the abolition
of the same.
Sec. 131. Employees, employment of.
He shall be held responsible for all work done in his department.
He shall have power of appointment and removal of all
assistants or employees; but the number of assistants and employees
in said department and the salaries paid the same, shall
be subject to the control of the Council. All inspectors employed
on public works of the city shall be considered employees
Engineer. All foremen, laborers, teams and mechanics employed
to work on the streets, or public buildings of the city, shall be
employed by the City Engineer and shall be under his control,
subject to the regulations prescribed by the Council. The number
of foremen, men or teams employed on said work or improvements,
and the wages thereof agreed to be paid, shall in
like manner be prescribed by the Council. All persons so employed
may be dismissed by the City Engineer as he may deem
proper and expedient.
Sec. 132. General supervision, plans, estimates, repairs,
etc.
He shall look after the physical condition of the city, shall
prepare plans, estimates and specifications for the opening of
streets and all public works of whatsoever character, the conducting
of such surveys as shall be required for the proper preparation
of said plans, estimates and specifications, and the supervision
of all work in his department ordered by the Council.
He shall have general and professional supervision over all public
work to be done for or by the city, as the same may be ordered
by the Council; and shall make and superintend the repairs
to all bridges, streets, and public buildings of the city requiring
immediate attention; provided, however, that an amount exceeding
twenty-five dollars shall not be expended on any one
piece of work without the approval of the Council. But the
City Engineer shall make no repairs or improvements whatever
on the bridges, streets, or public buildings of the city at any
time, except in cases of absolute necessity or emergency (and
then in any such case to be subject to the limitation of cost
above prescribed), unless he is authorized by the Council or a
committee thereof vested with authority by order of the Council.
He shall have charge, and be the custodian, of all real and
personal property not in charge of regularly appointed officers
of departments to which said property belongs, and shall report
the amount and condition of the same to the Council, or
appropriate committee thereof, at least once a year.
Sec. 133. Map of the streets.
He shall make and keep in his office, as the property of the
to which they may have been paved, macadamized or graded,
and the grades of same when established.
Sec. 134. Map of culverts and sewers.
He shall make and preserve in his office, as the property of
the city, a map showing the location and dimensions of all
culverts and sewers constructed or used by the city; and shall
place upon said map each new sewer and culvert as made.
Sec. 135. Map of water mains.
He shall make and keep in his office as the property of the
city, a map showing the location, course and dimensions of each
water main in the city, and shall note thereon every change and
extension thereof.
The superintendent of the water works shall furnish all information
necessary to enable him to make such map, and shall
promptly report to him, in writing, any such change or extension,
and a copy of such map shall be furnished by the Engineer
to said superintendent.
Sec. 136. Map of gas mains.
He shall make and keep in his office as the property of the
city a map showing the location, course and dimension of each
gas main in the city, and shall note thereon every change and
extension thereof. The superintendent of the gas works shall
furnish all information necessary to enable him to make such
map, and shall promptly report to him, in writing, any such
change or extension, and a copy of such map shall be furnished
by the Engineer to said superintendent.
Sec. 137. Surveys, building lines or grades.
He shall, when required to do so by the owner of any abutting
property, give the building line or grade line of any street
or alley on which said property abuts, and shall survey any lot
for the owner thereof, and for such services the following fees
shall be charged for the city; and shall be collected by him and
paid into the city treasury: for giving building lines or grade
lines, 50 feet or less, $1.50, and 2 cents per lineal foot for any
lot surveyed at the same time.
Sec. 138. Interest in contracts, etc., forbidden.
It shall be unlawful for the City Engineer, or any person employed
by him as overseer of work, to directly or indirectly for
himself or others, or by others in trust for him, to have any interest
or concern in any contract or agreement for the purchase
or sale to the city of any material to be used by the city, or for
any work to be done for the city for any purpose whatsoever;
neither shall he be surety upon any bond for the performance
of any such work, or purchase or sale of any material to the city.
Sec. 139. To take notice of encroachment on streets by
buildings, etc.
It shall be the duty of the City Engineer to take notice of any
encroachment upon the line of any street or highway, by any
building or buildings and of projecting doors, steps or windows
from the same, and shall give notice to the person causing such
encroachment to remove the same, and upon his failure to do
so said Engineer shall report the facts to the Mayor for such
action as he may deem necessary in the premises.
Sec. 140. Report to council monthly particulars of work.
He shall keep a record of all transactions in his department,
and report to the Council once a month and at such other times
as the Council may require, or he may deem proper, all particulars
of the work under his charge, and such other information
as he may deem important or the Council may require; and the
records of said Engineer shall at all times be open to the inspection
of any member of the Council or officer of the city.
Sec. 141. Building permits.
He shall issue permits for all buildings to be erected within
the city as prescribed by the ordinances; and a record of such
permits shall be kept in his office.
Sec. 142. Inspection of buildings for business purposes.
He shall inspect all buildings erected for business purposes
within the city limits before the same shall be occupied, and
menace to life or property. Whenever he shall discover any
building in course of erection, which in his opinion is dangerous,
or likely to become so, he shall immediately order a cessation
of work thereon, and require any defect in the manner of
its construction to be remedied.
Sec. 143. Inspection of telephone, telegraph and other
poles.
He shall at least once a year, make a careful inspection 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 corporation,
firm or individual owning such pole; and it or they shall
forthwith replace the same with a sound pole; and if such owner
or owners neglect or refuse to replace such defective pole within
twenty-four hours after receiving such notice, the person or corporation
so offending shall be fined $5 for each and every day
during which said neglect or refusal shall continue.
Sec. 144. Annual report by.
At the first regular meeting in September of each year he shall
make a report to the Council, setting forth the condition of the
streets, and of all the public property, what improvements and repairs
have been made during the past year, and the cost thereof,
and make such suggestions as he may think proper for the improvement
of his department and of the public property under
his supervision. It shall further be his duty to call the attention
of the Mayor and police to all infractions coming to his knowledge
of the ordinances affecting his department, the streets, and
other public property.
Sec. 145. Vacancy in office of city engineer—who to
perform duties.
In the event of a vacancy in the office of City Engineer the duties
and authority pertaining to said office, as outlined in this
and other chapters of these ordinances, shall, as far as practicable,
be performed by the officials or committees to whose department
said duties properly pertain.
CHAPTER XIII.
NAMES AND LOCATION OF WARDS AND STREETS AND NUMBERING
OF HOUSES.
Sec. 146. Wards—names and boundaries.
For the purpose of municipal organization and government,
the city shall be divided into four wards, to be known respectively
as First, Second, Third and Fourth Wards, bounded as follows:
First Ward shall include all that portion of the city which lies
east of Fourth Street East extended to the city limits.
Second Ward shall include all that portion lying north of Main
Street and between Fourth Street East and Sixth Street West,
both said streets extended by straight courses to the northern
boundary of the city.
Third Ward shall include all that portion of the city lying south
of Main Street and between Fourth Street East extended to the
city's southern boundary, and Fifth Street West (formerly
known as the Old Lynchburg Road).
Fourth Ward shall include all that portion of the city lying
west of said Fifth Street West on the southern side of Main
Street and all lying west of Sixth Street West on the north side
of Main Street, the said Sixth Street West extended in a straight
line to the northern boundary of the city.
Sec. 147. Voting places.
The voting place for the First Ward shall be the room in the
rear of the County Treasurer's office in the Court House.
The voting place for the Second Ward shall be 243 West Main
Street (Cox Building).
The voting place for the Third Ward shall be the room in the
southeast corner of the fire engine house on the south side of
West Main Street.
The voting place for the Fourth Ward shall be at 1003 West
Main Street.
Sec. 148. Numbering and naming streets.
Main Street shall be the east and west line from which all
houses and lot numbers shall be counted, those to the north of
Main Street, as north, and those to the south of Main Street, as
south.
All streets maintaining comparative parallelism with Main
Street shall retain their present names. The meridian street shall
be Thirty-Third or Green Street, but shall be known as North
First or South First Street, as indicated by its position north or
south of Main Street.
What is known as Thirty-Second or Church Street north of
Main Street shall be known as North Second Street East, its
continuation south of Main Street, as South Second Street East.
What is now known as Thirty-Fourth Street, shall be known as
North Second Street West or South Second Street West, as the
case may be.
Whether one goes east or west, the streets running so as to
intersect Main, 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 and Ridge
Streets.
Sec. 149. Houses—how numbered.
All houses fronting on the public streets of the City of Charlottesville
shall be numbered in conformity with the following
rules, as far as practicable:
(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 100 numbers for each block going eastward and westward,
and with No. 100 at Main Street increasing at the same
rate going northward and southward.
Sec. 150. House numbers, how established.
The City Engineer shall establish all house numbers, allowing
and, as near as may be, one whole number for every twenty-five
feet on vacant lots. He shall also furnish all owners of houses
with the information necessary for them in placing their numbers
on their houses, and shall give a certificate of the proper number
applicable to any house, when requested by the owner.
Sec. 151. Penalty for alteration, removal, etc.
Any person owning or occupying a house who shall number or
attempt to number it otherwise than in conformity with this ordinance,
and any person who shall deface, alter or remove a number
placed upon a house in accordance with this ordinance, shall,
upon conviction, be fined not less than two nor more than five
dollars.
CHAPTER XIV.
STREETS AND SIDEWALKS.
Sec. 152. Streets and sidewalks—general provisions.
The term "streets" when used in these ordinances shall be held
to mean streets, sidewalks, alleys, lanes and public highways of
the city, except where by the context or by reasonable intendment
sidewalks are not included.
The proper corners of the streets shall be designated by proper
stones or posts, placed at such points as the City Engineer may
direct.
All sidewalks hereafter constructed shall be four and one-half
feet in width in streets whose width is thirty feet, and in the same
proportion in streets of greater width, except when otherwise
specially ordered by the Council.
Sec. 153. Same—grading and paving.
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 Engineer, 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 inches the elevation or lowering of the street with reference
to such adjacent property, and submit the same to the Committee
of the Council on Streets before making such improvement.
Whereupon the said committee shall summon adjacent lot
owners, either by personal service or by notice published once in
some newspaper of this city, to appear before it at a designated
time and place to show cause, if any they can, against the proposed
improvement. No such improvement shall be made by the City
Engineer until his plans have been approved by the Council, after
consideration of the report of the committee thereon as herein
provided.
Sec. 154. Same—laying sidewalks anl pavements.
Whenever a new pavement or sidewalk shall be ordered by the
Council, the city shall cause the curb to be put down and the
owner of the property along the boundary of which said sidewalk
shall extend, shall be required to pay two-thirds of the cost of
constructing the same.
Whenever any citizen desires a sidewalk to be put down along
the boundary of his property he shall, in writing, make application
through the chairman of the Street Committee, and thereupon
the Street Committee shall have an estimate made by the Engineer
of the cost of such improvement, and present same to the Council
for its action.
Whenever the Council shall order a sidewalk to be laid, it shall
be the duty of the Engineer, before beginning work on same, to
have the property owner for whose benefit said walk is being laid,
enter into an agreement in writing with the city stating what
amount said property owner shall pay by reason of the proposed
improvement and the terms of payment. Upon the completion of
such work the City Engineer shall deliver such contract to the
Auditor who shall render to the property owner a bill in accordance
therewith, also a duplicate bill to the Treasurer for collection.
Sec. 155. Removing pavements and excavating in streets
and alleys.
No person, unless specially authorized by the Council, shall
take up or remove any portion of the pavement of the carriageway
or of the sidewalk, or any street surface, or excavate in any
street or public alley of the city without written permission of
the City Engineer. Said Engineer shall not refuse permission to
any applicant except for cause approved by the Street Committee,
but in case of refusal the applicant may appeal to the Council.
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 Engineer.
No pavement, sidewalk or street surface shall be replaced,
after being taken up, by any person except the City Engineer,
and he shall make out in duplicate against such person to whom
the permit was granted, bills in duplicate for the actual cost of
the same, one of which bills he shall deliver to the Auditor, and
the other to the Treasurer for collection as other city dues are
collected.
Before any pavement, sidewalk or street surface shall be replaced,
or when a permit is granted for excavating in an unsurfaced
street or alley, it shall be the duty of the City Engineer
to see that the excavations have been properly filled and tamped.
Any person found guilty of taking up any pavement, sidewalk
or street surface, or excavating in any street or alley in the city
without the written permission of the City Engineer, shall pay a
fine of not less than $5 nor more than $10 for each offense, and
each day that such violation continues shall constitute a separate
offense.
Any person to whom a permit is granted to do such work as
provided in the foregoing ordinance shall place guards or barracks
around such excavations and shall protect it by warning
lights at night until taken in charge by the City Engineer. Any
person failing to place such guards, barracks or lights, as required
by this section, shall be fined not less than $1 nor more
than $10, and each day's neglect shall constitute a separate offense.
Every person who shall make application as above specified
shall be deemed to have assented thereby to all the provisions and
terms of this section including the right of the city to collect the
actual cost of replacing the pavement, sidewalk or street surface
in the manner above directed.
The superintendents of water and sewers, and gas may remove
pavement, etc., without the permission of the City Engineer, but
shall comply with all the requirements of the foregoing section as
to filling and tamping, and shall then report the same to the City
Engineer, and shall properly guard and protect the same until
taken in charge by him.
Sec. 156. Exposed water pipes.
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 water works of such exposure. For failure to
give such notice the party in default shall be liable to a fine of $2.
Sec. 157. City employees, city animals, tools and materials.
The City Engineer shall employ such labor, and hire or purchase
such horses and mules and such tools and materials for the city's
use as the Committee on Streets and Sanitation may direct in
writing. All such employees and all such animals, tools and materials
shall be under the direction and control of the City Engineer,
who shall see that all such property belonging to or in the
care of the city is properly cared for and protected.
Sec. 158. Corner stones and posts.
Any person who shall unlawfully remove or displace, or in
any manner change, deface or alter any corner stone or post
marking the corner of any street or sidewalk, shall be punished
by a fine of $20.
Sec. 159. Hubs and monuments marking the corporate
boundary.
Any person who shall unlawfully move, disturb or interfere
with corner hubs or monuments marking the corporate limits
shall be fined $100, and to move, disturb or interfere with intermediate
hubs or monuments shall be fined in the sum of $25 or
imprisonment in the jail at the discretion of the Police Justice in
lieu of the fines above mentioned.
Sec. 160. Erection of buildings along sidewalks.
Any person when about to erect any building, wall, fence, or
other structure on any street in the city shall first make application
to the City Engineer to give him the line of such street at
the place where such building, wall, fence or other structure is
intended to be erected. Said City Engineer shall note the particulars
in his book, and give the applicant a written memorandum
of such line by which the said applicant shall be governed in
making his said improvement; for every such service said Engineer
shall make a charge against the person for whom the line
was given, if the line be fifty feet or less, $1.50, and two cents per
treasury. Such applicant shall not, thereafter, be required to alter
or remove any such improvement which he may have erected
in accordance with such memorandum. If any person erect
any such building, wall, fence or other structure contrary to this
section and in such manner as to encroach upon the line of or interfere
with the grade of any street, he shall be fined $20, and
further required to remove such building, wall, fence or other
structure. For failure to make such removal after five days' notice
from the City Engineer, he shall be fined not less than $5 nor
more than $20 for each day's default.
Sec. 161. Encroachments on streets.
In every case of an encroachment upon a street by a building,
wall, fence or other structure, the Mayor may require the owner
or maintainer thereof to remove the same. For failure to make
such removal in the time ordered the Police Justice may impose a
penalty of $5 for each day said failure shall continue thereafter,
and may cause such encroachment to be removed at the risk and
cost of the party in default.
Sec. 162. Cellars and areas.
Every cellar or area hereafter constructed which opens in a
sidewalk shall have such opening covered with substantial iron
grating, rough-surface iron, or iron and glass, which shall be
flush with the pavement; and no such opening to any existing
cellar or area shall be re-covered, nor shall the covering thereof
be repaired or renewed except with such material and in such
manner as above required. No entrance or other opening to any
cellar or area hereafter constructed in any sidewalk shall extend
nearer to the curbstone than one-half the width of such sidewalk.
The entrance to every cellar which opens in a sidewalk
shall be covered with two doors of equal width, without joints
and so constructed when closed that 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 said 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
or area to which does not conform to the requirements of
this section who shall, after notification by the Mayor, fail or
refuse to comply with its provisions, shall be fined $5 each day
such violation continues. Any person violating the other provisions
of this section shall be fined not less than $2 nor more
than $10 for each offense.
Sec. 163. Vaults and coal-holes.
All vaults and coal-holes under any sidewalk in the city shall
conform to the following requirements:
(a) No such vault or coal-hole shall extend beyond the inner
line of the curb stone.
(b) The outer wall nearest the carriage way shall be of good
building stone laid with good cement; the side walls shall be of
good hard brick or building stone laid in cement mortar; the top
shall be formed of large flat stones, concrete, or iron plates, or
arched with stone or hard brick, with the crown of the arch not
less than one foot below the surface of the pavement.
(c) Any opening into the sidewalk shall be located not more
than ten inches from the curbstone and shall not exceed eighteen
inches in diameter, and shall be covered with a substantial iron
plate with a rough surface placed flush with the pavement.
(d) Such vaults or coal-holes hereafter constructed shall be
in accordance with plans first approved by the City Engineer as
conforming to this section.
The owner or occupant of any building, the vault or coal-hole
to which does not conform to this section, or the owner, user or
lessor of any such vault or coal-hole, who shall, after notification
by the Mayor, fail or refuse to comply with its provisions, shall
be fined $5 for each day such violation continues. Any person violating
the other provisions of this section shall be fined $5 for
each offense.
Sec. 164. Cellar, vault and coal-hole openings.
Every cellar, vault 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. For a violation of this section the penalty
and $10 if the same be after nightfall.
Sec. 165. Same.
If any one wilfully or maliciously open or cause to be opened
any such cellar, vault or coal-hole opening in a sidewalk whereby
safety of users of the sidewalk is endangered he shall, upon conviction,
be fined not less than $5 nor more than $15, or imprisoned
in the city jail for not more than thirty days, or both.
Sec. 166. Coal.
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 coal dust swept or removed from the sidewalk.
Sec. 167. Areas, cellars, etc.—defective covers.
Whenever the owner or occupant of any house to which is attached
any area, cellar, vault, or coal-hole opening in the sidewalk
shall be notified by the Mayor that the covering thereof is
insecure or dangerous it shall be his duty at once to repair the
same. For failure to do so within five days, he shall be fined $5;
and for each day of default after the expiration of said five
days, he shall be fined a like sum. And, provided further, that
in case of failure to repair within five days, the Mayor may
cause such repairs to be made at the cost of the city, and the
cost thereof, with twenty per centum additional as a fine, shall
be collected of the party in default in like manner as fines and
assessments are collected.
Sec. 168. Drippings from houses, eaves and gutters.
All houses 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 so constructed as to
discharge such water only at or below the surface of the ground.
The owner or occupant of any house not complying with the
requirements of this section shall be fined $1 for each day such
violation shall continue after notification by the Mayor to remedy
the fault.
Sec. 169. 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 foot-way.
Said 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.
Any person violating this section shall be fined $1 for each
day such violation shall be permitted to continue after notice by
the Mayor to abate the same. And provided further, that in case
of failure to comply with the order of the Mayor within five days,
the Mayor may cause the construction to be made at the cost of
the city, and the cost thereof, with 20 per centum additional as
a fine, shall be collected of the party in default in like manner
as fines and assessments are collected.
Sec. 170. Snow-breaks.
Houses which are located on the line of any street shall be
provided with suitable snow-breaks or guards on the side next
to such street. The owner or occupant of any house who shall
fail to comply with this section, after being notified by the Mayor,
shall be fined $5 for each day such failure shall continue.
Sec. 171. Removal of snow, sleet and ice.
It shall be the duty of every occupant or occupants of every
house or lot which abuts upon a sidewalk or footway of stone,
brick or wood, to have all snow removed from said sidewalk or
footway within six hours after same shall have ceased falling,
unless said snow shall have fallen during the night or on Sunday,
in which case it shall be removed by 12 M. 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
be $2, and every six hours that said snow or ice is allowed to remain
in violation of this section shall be held to be a separate offense.
Sec. 172. Gates and doors.
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. Any violation of the provisions
of this section shall subject the offender to a fine of $1 for each
day said offense shall continue after notice by the Mayor to abate
the same.
Sec. 173. Sidewalk crossings.
Wherever, in order to enter a carriage-house, stable or private
alley, it shall be necessary to cross a sidewalk, such crossing shall
be covered with a pavement suitable to the purpose, to be approved
by the City Engineer. For every day, after being notified
by the Mayor to make such pavement, that the owner or user
of such carriage-house, stable or alley, shall fail to do so, he shall
be fined $2.
Sec. 174. Horses or vehicles on pavements.
No person shall, except on such pavement and at such places
as are provided for in the preceding section, drive a vehicle or
ride upon a sidewalk. Nor shall any person permit a vehicle or
beast of burden to stand on a sidewalk or upon a street-crossing,
or hitch a horse so that it can stand on a sidewalk. The fine
for violating this section shall be $1 for each offense.
Sec. 175. Trucks, etc., on sidewalks.
No person shall use any truck, wheelbarrow or hand-cart on
any sidewalk, except in receiving or delivering goods across the
same. Any one violating this section shall be fined $2.
Sec. 176. Bicycles and automobiles.
No bicycle or similar machine shall be used over the sidewalks
of the city; and no automobile, bicycle, or similar machine shall
be used over the streets of the city at a greater rate of speed
with a bell, gong, horn or whistle, which shall be sounded at
street crossings, and whenever necessary to the safety of any
person using the streets; and no such vehicle shall be used on
the streets of the city after nightfall without a headlight or
lantern of such nature and so placed as to be conspicuously visible
at the distance of a block. Any violation of any provision
of this section, so far as relates to automobiles, shall be punished
by a fine of not less than $10, nor more than $100, and so far
as it relates to other machines, by a fine of not less than $5 nor
more than $25, or, in any case, by imprisonment in the city jail
for not more than 30 days, or both by fine and imprisonment,
as herein provided.
Sec. 177. Signs and ornaments.
No sign, figure or ornament shall be permitted to project over
any street unless attached to the wall or door of a house, nor
shall the same extend out from the line of the wall more than
two feet, and the lower edge of any such sign or figure shall
be not less than seven and one-half feet above the surface of the
sidewalk. Any violation of this section shall be punished by a
fine of $1 for each day the violation continues.
Sec. 178. Obstruction of streets.
No person shall obstruct a street, either in its carriage-way or
sidewalk, by placing therein anything whatsoever which will
hinder or obstruct the passage of persons or vehicles in any manner
whatsoever; any person violating this section shall be fined
not less than $1 nor more than $5 for each offense; and every
hour the violation continues may, in the discretion of the Police
Justice, be held to be a separate offense; but this section shall
be subject to the following limitations, exceptions and provisos,
to wit:
(a) Telegraph, telephone, electric light companies and electric
power furnishing companies may place such reasonable number
of poles as may be requisite for their business; but said poles
shall be located or moved according to the directions and under
the supervision of the City Engineer, and all such as may be
erected on any paved street shall be painted, and said painting
kept in good repair.
(b) One-half of the carriage-way 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 course of construction on
the opposite sides of the street at the same time, then each may
occupy one-fourth of such carriage-way; and in streets through
which a railway passes, such material shall not be so placed as
to interfere with cars thereon. 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 eight 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 builder or 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; provided
the public is not deprived thereby of the free and 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 of them 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) Horse racks or hitching-posts may be placed on the curbstone
or immediately outside the curbing, on any street except
Main, but not so as to obstruct the surface drain.
(e) Every keeper of a livery stable shall have the right to
stand in the carriage-way outside of the curbstone, such vehicles
as may not be in use at the time, for the full frontage of the
property occupied by him, provided that such vehicles be placed
in single file and immediately against the curbing.
(f) Merchants and others may exhibit goods on the footways
in front of their stores or offices on the side thereof next the wall;
provided, not more than two-and-one-half feet of said footway
on which the sidewalk is less than five feet.
Sec. 179. Shade trees.
No person shall plant any shade trees in the streets or sidewalks
of the city without the previous consent of the City Engineer,
who shall designate the proper line for the same. No
North Carolina Poplar, Lombardy Poplar nor Cottonwood tree
shall be planted in the streets or alleys of the city, nor within ten
feet of the lines of the same. Any violations of this ordinance
shall be punished by a fine of not less than $1 nor more than $5.
Neglect or refusal to remove such trees as have been planted
contrary to this ordinance, when ordered to do so by the Mayor,
shall be a warrant for having the trees removed by the City
Engineer, and the person planting the tree shall pay the cost of
the same and an additional fine of $5.
Sec. 180. Shade trees and lamp posts—hitching to.
It shall be unlawful for any one to hitch a horse or any other
animal, at any time, to any shade tree, tree boxing or lamp post
within the city limits. Any one violating this section shall be fined
$1 for each offense.
Sec. 181. Awnings.
Any awning frames may be erected over the sidewalks, provided,
the posts thereof are made of iron not more than two
inches in diameter and rise from the curbstone; that there may be
only one connecting bar to said posts which shall be at the top
thereof, and shall be elevated at least 9 feet above the sidewalk;
and swinging awnings may be constructed and securely attached
to the building, extending not beyond the curb line, and to be
at least 7-½ feet above the sidewalk. Any person violating the
provisions of this section shall be fined not more than $10 for
each offense.
Sec. 182. Removal of obstructions from the streets, etc.
It shall be the duty of the police to promptly notify the Mayor
of all obstructions of the streets, drains or culverts, that are not
remedied at the request of the police. The Mayor shall forthwith
cause all such obstructions to be removed either by the
the same or failing in this to have the same removed at the cost
of the city. If any person whose duty it is to remove any such
obstruction fails or refuses to do so within a reasonable time
after being notified to do so by the Mayor he shall be fined not
less than one nor more than ten dollars for each day that he
defaults; and when the obstruction is removed at the cost of the
city, the party whose duty it was to have removed said obstruction
shall be fined in addition to the foregoing penalty such a
sum as equals the expense incurred in and about such removal,
together with twenty per centum thereof in addition.
Sec. 183. Barriers, erected when.
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 passengers against the danger. And
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 inclosed by such barriers.
When any ditch is dug or excavation is made in a street
or sidewalk sufficient barriers shall be placed around and over
the same to prevent persons or animals from falling therein,
and during the whole of every night while such excavation or opening
is uncovered or unenclosed, a lighted lantern shall be placed
at some convenient spot, so as to cast its light upon such excavation
or opening. Any person violating this section shall be
fined $5, and each day's continuance of the violation shall be
deemed a separate offense.
Sec. 184. Stopping travel on streets, and interfering
with barricades.
The City Engineer shall have the right to stop travel on any
street when the same is being repaved or improved, if he deem
it necessary; and the Mayor 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; and this shall be done by ropes which shall be marked
by some white cloth during the daytime, and by lighted lanterns
as above provided, or driving or riding on those portions
of the streets so cut off, or in any way encroaching upon or interfering
with any portion of the streets of the city, when they
are being repaved or improved, shall be fined not less than $3
nor more than $10 for each offense.
Sec. 185. Sidewalks—earth embankments abutting.
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. Any violation of this
section shall be punished by a fine of $5, and if any person fail
to conform hereto within a reasonable time after being notified
to do so by the Mayor, 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.
Sec. 186. Sidewalks—duty of abutting owners or occupants.
It shall be the duty of every person owning or occupying
property abutting on a paved sidewalk to cause said sidewalk to
be kept clear of dirt or filth or dangerous or obnoxious matter
and substances. A violation of this section shall be punished by
a fine of not less than $1 for each offense, unless said dirt or
filth has been deposited on the sidewalk by the city or a public
service corporation over which the person owning or occupying
the abutting property can have no control.
Sec. 187. Refuse matter and garbage—its removal.
It shall be unlawful for any one to throw into the streets or
sidewalks, or on private premises, any dead carcass, rubbish,
newspapers, hand bills, dirt, filth, shavings, manure, offal, ashes,
vegetables, fruit, broken glass, tacks, tin cans, or any other article
or substance or refuse matter of any kind whatsoever, or any
matter or substance or thing calculated to render the streets or
premises unclean or unsightly, or unsafe to any person or vehicle
community.
Nor shall any garbage, offal or filth be removed from private
premises and deposited within the city limits at any place except
such as may be designated by the Board of Health as a public
dumping ground.
If it be desired that the above-named substances or matter be
removed by the carts provided for the purpose by the city, the
same may be deposited in barrels, boxes or baskets, and placed in
the street outside the footway, on such days and at such hours
as may be prescribed in the rules and regulations in regard to
cleaning the streets.
All such barrels, boxes and baskets shall, by the owners thereof,
be removed from the streets as soon as emptied.
Any person violating this section shall be fined not less than
$1 nor more than $5 for each offense.
Sec. 188. Hauling earth, garbage, etc., over the streets.
The owner or operator of every cart or other vehicle employed
in removing or carrying dirt, sand, coal, manure, or 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 of the streets aforesaid, under a penalty
of $5 for each offense.
Sec. 189. Fruit peels or other slippery articles on the
streets.
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. For any violation of
this section the offender shall be fined not less than $1 nor more
than $5 for each offense.
Sec. 190. Spitting on sidewalks, in street cars or public
places.
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 doorway of any store or office building,
or on the floor or pavement of any railroad station or in
section the offender shall be fined not less than $1 nor more than
$5 for each offense.
Sec. 191. Coasting, snowballing, etc.
No person shall slide or coast upon the ice or snow in any
street or streets except such as may be designated by the Mayor.
No person shall throw any snowballs in the streets. For a violation
of this section the penalty shall not be less than $1 nor
more than $5.
Sec. 192. Sale of fish, oysters, fruit, etc.
Oysters, fruit and vegetables may be sold or exposed for sale
from any bench, barrel, basket, bar, rack, table or stand upon
the street by a licensed merchant, as long as this merchandise
is in sound and sanitary condition; but no water or refuse from
such articles shall be allowed to flow or be thrown on any street
or walkway under penalty of $5 for each offense.
Fresh fish shall not be exposed for sale on any street; must
be kept on ice, but may be sold by any licensed dealer in his store,
or elsewhere on his premises not less than ten feet from the
property line, as long as the traffic is not offensive to occupants
of adjoining premises; or fish may be sold anywhere on the
premises of a licensed dealer from close boxes with glass tops.
Any violation of any provision of this section shall be punishable
by a fine of not more than $5 for each offense; each day
of continuance after notice to constitute a separate offense.
Sec. 193. Unlawful assemblages in the streets or elsewhere.
The assembling and collecting together of persons on the streets
in such manner as to block up and obstruct free passage shall
not be permitted, 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 shall not be
permitted, 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 as defined in § 195.
Premises whereon such assemblages gather shall, when tenants
be deemed disorderly, and the owner may, and the occupants
shall, be held responsible under penalties not exceeding $5 for
each offense.
Any and all persons refusing to disperse after being required
to do so by any officer shall be fined not less than $5 nor more
than $20.
Sec. 194. Loafing and loitering on the streets.
It shall not be lawful for any person to loaf or loiter on any
street, pavement or sidewalk of the city to the annoyance of the
occupant of any property along the same or to the annoyance of
persons passing on the same.
Any person found so loafing or loitering shall, upon the complaint
of any person so annoyed, be arrested by the police and
upon conviction shall be fined not less than $1 for each, offense.
Sec. 195. Political flag poles, processions and drilling in
streets.
No flag poles shall be erected in any of the streets of the city and
no political procession shall be allowed in the city, nor shall it be
lawful for any military company to march or parade through the
streets of the city at night time; but this shall not be construed
to prevent any military company from marching through the
streets on any regular parade or in passing from and to its armory
when leaving or returning to the city.
Sec. 196. Selling or trading or speeding animals in the
streets.
If any person shall trade, or show, or offer for sale, or sell any
stock of any kind in the streets or alleys of this city, or speed
therein any animals exhibited for sale or exchange, he shall be
fined not less than $1 nor more than $5 for each offense.
Licensed auctioneers may be permitted to sell stock on the public
square on courtdays, but the Council expressly reserves the
right to revoke this privilege at any time.
Sec. 197. 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,
real estate. The penalty for violating this section shall be $10.
Sec. 198. Unattended teams and animals on the streets.
If the owner or driver, or the person having charge of any
wagon, dray, cart, carriage or other vehicle shall suffer the horse
or horses, or other animal attached thereto, to run away with the
same in the city through negligence or want of proper care; or
shall suffer such animal or animals to stand upon any street or
alley of the city without being properly fastened by the bridle or
reins, or without having some person to watch the same and prevent
their starting, every person so offending shall be fined not
less than $1 for each offense.
Sec. 199. Feeding in the streets.
No person shall feed his animals in the streets of the city. Any
violation of this section shall be punished by a fine of not less
than $1 for each offense.
Sec. 200. Backing up wagons to sidewalks.
The driver or owner of any wagon shall not be allowed to back
up the same to the sidewalk except for the purpose of loading or
unloading, and all the time said wagon shall remain backed up to
said sidewalk over and above such time as may be necessary for
the purpose, the driver or owner of such wagon shall be fined
not less than $1 nor more than $5 for each hour or part of that
hour that it shall stand so backed up. And no person shall be
allowed to obstruct the streets while loading or unloading said
wagon, when required to move out of the way; and if he fails to
do so then he shall be fined to the same extent as heretofore provided.
Sec. 201. Right of way on streets.
The driver of every vehicle shall upon meeting any other vehicle
in the street, keep to the right, and, when stopping, shall
place his vehicle as near as possible to the curbstone; but in no
instance shall he stop in the middle of the street or upon the crossings.
Any one violating this section shall be fined not less than
$1 nor more than $5.
Sec. 202. Rate of speed on bridges.
No person shall ride or drive at a gait faster than a walk,
across any bridge or similar structure belonging to the city or
open to public use. The penalty for violating this section shall
be $5.
Sec. 203. Fast riding or driving.
No animal shall be ridden or driven and no vehicle shall be
propelled over the streets of the city at a greater rate of speed
than eight miles per hour. No vehicle without springs shall be
driven over any paved street at a gait faster than a walk. This
section shall not apply to street cars. A violation of any provision
of this section shall be punished by a fine of not less than $2
nor more than $10 for each offense.
Sec. 204. Excavations—private lots.
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 be filled up by
the owners or occupants of said lots, so as to prevent persons or
animals from falling therein. It shall be the duty of the Mayor
to notify the owner or occupants of premises on which such
dangerous places exist, and require that fences or walls be built
around them, or that they be filled up within such period as he
shall deem that the exigencies of the case may require. In case
of failure to comply with such notification, said owners or occupants
shall be fined $2 for each day such failure shall continue,
and the Mayor may also cause such fencing or filling to be
done at the expense of the city, and the sum so expended, with
twenty per centum thereof added as a penalty, shall be collected
of said owner or occupant as other fines are collected.
Sec. 205. 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.
Any person failing to comply with the provisions of this section
shall be fined not less than $1 and not more than $5; and
every twenty-four hours that he shall so neglect or refuse to comply
by the Mayor or police, shall constitute a separate offense.
Sec. 206. Street drumming.
Any person who shall obstruct or unduly interfere in any way
with the passage of persons along any of the public highways of
the city for the purpose of inducing them to purchase any article
or thing or to enter any shop, store or stall, or any hotel, boardinghouse
or restaurant or like establishment, or who shall importune
passers-by to make any such purchase or enter any such establishment,
or who shall in any disorderly or undue manner solicit trade,
custom or patronage in or along the public highways of the city,
shall be punished by a fine of not less than $5 nor more than
$25.
Sec. 207. Barb wire fences.
No person shall erect along or on any street or sidewalk of the
city what is known as barb wire fencing. Any violation of this
section shall be punished by a fine of $5, and each day that such
violation continues after notification by the Mayor to remove such
fence shall constitute a separate offense.
Sec. 208. Traction or other heavy engines.
It shall be unlawful to convey any traction or other heavy engines
having flanged, corrugated or bevelled wheels on or across
Main Street, without its being transported on a temporary track
of plank or other suitable material, or being placed on another
conveyance that will not damage the brick pavement. Any person
violating the provisions of this section shall, on conviction thereof,
be fined not less than $5 and not more than $50 for each and every
offense.
Sec. 209. Hand bills.
It shall be unlawful to affix any hand bill, poster or advertisement
to any bill board, post or other place in the city, except by
paste or tacks so as to hold the same securely and not allow them
to become detached or blown about the street. Any violation of
this ordinance shall be punished by a fine of not more than $5,
and the party whose name is attached to or printed on the hand
bill, poster or advertisement shall be held liable for the fine.
Sec. 210. Coasting on Vinegar Hill.
It shall be unlawful for any person to coast down Vinegar
Hill on a bicycle, wagon, sled or any other vehicle or contrivance.
Any person violating this ordinance shall be fined not less
than $1 nor more than $5.
Sec. 211. Open ditches to be reported to the fire department.
Whenever the superintendent of the water and sewer or gas
departments, or the official of any other 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.
CHAPTER XV.
POLICE JUSTICE.
Sec. 212. Election, term of office, etc.
The Council shall elect a qualified person to the office of Police
Justice, who shall hold office for two years and until his successor
be elected and qualified, unless sooner removed from office.
Sec. 213. His jurisdiction and powers.
The Police Justice shall have and possess all the jurisdiction
and exercise all the powers and authority in all criminal cases of
the Justice of the Peace of the city, and his jurisdiction shall extend
one mile beyond the corporate limits of the city. He shall
also have jurisdiction of and try all violations of the city ordinances,
and inflict such punishment as may be prescribed for a
violation of the same. He shall have authority to issue his warrant
for the arrest of any person or persons violating any of the
city ordinances, acts or resolutions of the city; it shall be his
duty specially to see that peace and good order are preserved,
and persons and property are protected in the city; he shall have
power to issue executions for all fines and costs imposed by him,
or he may require the immediate payment thereof, and in default
of such payment he may commit the party in default to
the city jail until the fine and costs be paid, for a period, however,
not exceeding ninety days. (Charter, Sec. 31.)
Sec. 214. Appeals.
An appeal may be taken from the judgment of the Police Justice
in imposing penalties for infraction of the city ordinances,
to the Corporation Court. (Charter, Sec. 16.)
Sec. 215. Terms of court.
The Police Justice shall hold his court daily except Sunday, in
the court room provided for that purpose in the City Hall and if
from any cause he shall be unable to act, he shall appoint any
discharge the duties of the Police Justice prescribed herein during
such inability, and who shall be paid for such services by the
Police Justice at the same rate per diem as such Police Justice
receives. (Charter, Sec. 31.)
Sec. 216. Accounting of fines.
The Police Justice shall keep a record of all fines, forfeitures,
fees and costs imposed, arising or collected in the administration
of his office, which he shall report monthly to the City
Treasurer, except that all fines collected for offenses committed
against the State shall go to the literary fund, as provided by
law. (Charter, Sec. 31.)
Sec. 217. Removal from office.
The Police Justice shall be removed from office by the Mayor
upon proof of malfeasance or misfeasance in office as provided
for in section 30 of the charter.
Sec. 218. Salary, etc.
The Police Justice shall receive a compensation for his services,
to be fixed by the Council, which shall not be increased or decreased
during the term for which he is elected, but said compensation
shall not be less than two hundred dollars nor more
than six hundred dollars per annum. He shall receive no fees
for his services as such Police Justice, but all such fees shall be
covered into the city treasury. (Charter, Sec. 31.)
CHAPTER XVI.
THE POLICE FORCE.
Sec. 219. Election and term.
The Council shall elect, at the same time and in the same manner
as other officers of the city are elected, a Chief of Police and
as many patrolmen as may be deemed necessary, whose terms
of office shall be for two years, unless sooner removed.
Sec. 220. Control of the mayor.
The police force shall be under the control of the Mayor for
the purpose of enforcing peace and order, and for the execution
of the laws of the State and ordinances of the city and the performance
of such other duties as the Council may prescribe.
Sec. 221. Police powers, oath of office.
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. Whenever the Council shall
elect or the Mayor shall appoint any person as policeman, before
entering upon the discharge of his duties as such, said person
shall take the oath of office prescribed by the laws of the
State, a certificate of which shall be filed with the Mayor.
Sec. 222. Special policemen—how appointed.
The Mayor may, in cases of emergency, appoint as many special
policemen as the public safety may require; and, whenever
an appointment is made to fill a vacancy in the regular force,
or a special policeman for a longer time than one month, the
Mayor shall report such appointments to the Council at its next
regular meeting for approval or disapproval.
Sec. 223. Police furlough.
The regular police force shall be allowed an annual furlough
of ten days with pay, the time of granting such furlough to be
so that the public interests may be subserved.
Sec. 224. Chief of police—his duties.
The Chief of Police is the chief executive of the police department
but he shall always be subject to the orders and regulations
of the Mayor, and it shall be his duty to promulgate such
orders and regulations. He shall be under the control of the
Mayor 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 all
orders of the Chief not in conflict with these rules and regulations.
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 of property; to
regard the public health; to report nuisances in the streets, alleys
and other places; to provide proper police force at fires; to
protect the firemen and property thereat; to enforce obedience
to all ordinances of the Council which are applicable to police or
health; to see especially that the rules and regulations of the
Mayor are carried into effect; to discharge such other duties as
may be required of him by the city ordinances. When charges
are filed in his office against any member of the police force, he
shall immediately transmit the same to the Mayor, together with
the names of the witnesses to be subpœnaed, that the charges
may be investigated by the Mayor.
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. It is enjoined on him to 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 keep the following
books in his office: Book of records, showing the name of every
officer and man connected with the police force; the district in
which stationed; their place of residence; the date of appointment
and time of removal, and the happening of any vacancies,
also reports of policemen under his command.
Sec. 225. Chief—other duties.
In addition to his other duties, he shall attend all meetings of
when notified by the Clerk of the Council, he shall give notice
to each member of the Council, of all meetings of the same. He
shall also have control of the Council Chamber and keep its
keys, have same lighted and heated in due season for all meetings
of the Council.
Sec. 226. Chief—his absence or sickness.
In the case of his sickness or absence from the city, the Lieutenant
of Police shall act in his place, or in the absence of both,
the Mayor shall designate a proper officer who shall discharge
the duties of said Chief or Lieutenant during such sickness or
absence.
Sec. 227. Chief—his monthly settlements.
He shall serve all processes directed to him by the Police
Justice, and all orders of the Mayor; shall collect all fines and
make each month an itemized statement and settlement of the
same with the Treasurer and return his report to the Auditor.
Sec. 228. Bail—power of chief or lieutenant to accept.
In the absence of the Police Justice the Chief or his Lieutenant
shall have the power to bail any person arrested, charged
with a misdemeanor, to appear at the next term of the Police
Justice's court, provided sufficient security is furnished.
Sec. 229. Lieutenant, appointment and term.
Inasmuch as these ordinances prescribe that the Lieutenant of
Police shall be on duty at night and shall patrol the beat in which
headquarters are located, it shall be competent for the Mayor
to designate such patrolman as may be on duty in the First
Ward from month to month, at night, as the Lieutenant of
Police.
Sec. 230. Lieutenant of Police—his duties.
The Lieutenant of Police must obey promptly all orders, note
every case of misconduct or neglect of duty on the part of any
policeman, and report the same to the Chief.
Sec. 231. Time of service.
The Lieutenant shall be on duty at night, and shall patrol the
the watchman at the Police Station during the time
required to see other policemen.
Sec. 232. Shall visit beats.
The Lieutenant shall, if possible, see each man on his beat
without calling, but should he 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 in search of, he shall report to
the Chief the name of the man and the cause of absence, if ascertainable.
Sec. 233. Inspection at roll call.
The Lieutenant, 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 report to the Chief.
Sec. 234. Policemen—duties.
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, he must at all times be
prepared to act immediately on notice that his services are required
by the proper officer and at the call of any citizen.
Sec. 235. Attendance and obedience of orders.
Punctual attendance, prompt obedience of orders, and conformity
to these rules and regulations, will be rigidly enforced.
Sec. 236. Absence.
No member of the police force shall leave the city without the
permission of the Mayor, or be absent from duty without permission
of the Chief.
Sec. 237. Sleeping on his beat, or other neglect of duty.
For sleeping on his beat, any neglect of duty, or any violation
of these rules and regulations, the Chief of Police may suspend
from duty any subordinate until the offense can be reported to
is ordered.
Sec. 238. Dress on duty, badge, etc.
Every policeman, when entering on duty, must be neat in person,
having his badge, clothes and boots clean, and his dress in
conformity with the regulations.
Sec. 239. Presents, fees, etc.
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 Chief.
Sec. 240. Stolen property, etc.
Property coming into possession of the policemen, 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.
Sec. 241. Vigilance.
Every member of the police force must endeavor, by his
constant vigilance, to prevent the perpetration of crime within
his beat; and 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.
Sec. 242. Inspection of doors, windows, etc.
He must inspect every part of his beat during his tour of
duty, and carefully examine all doors and low windows of stores
and dwellings, and see that they are properly fastened.
Sec. 243. Acquaintance with streets, property and
persons.
Every policeman must thoroughly acquaint himself with all
streets, alleys, courts and buildings within his beat; and so far
as practicable, seek to recognize all persons residing therein.
Sec. 244. Bad characters.
He must strictly watch the conduct of all persons of bad character
in such manner as it will be evident to them that they are
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.
Sec. 245. Conduct towards offenders and prisoners.
When it becomes necessary to take a person into custody, he
shall do so in as easy and quiet 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.
Sec. 246. Use of intoxicants and entering certain houses.
No policeman shall be allowed to take a drink of any kind of
intoxicating liquors while in uniform; nor shall any policeman
enter any drinking saloon, or house of ill-fame, except it be in the
strict performance of his official duty; nor shall any intoxicating
drinks upon any pretext be introduced into the station house.
Every policeman proven guilty of violating this section will be
immediately dismissed from the force and will not be reinstated,
except by a two-thirds vote of the Council.
Sec. 247. Shall not smoke on duty.
No policeman shall be allowed to smoke on the streets while
on duty, except between the hours of 10 p. m. and 5 a. m.
Sec. 248. Deportment on duty.
Each member of the police force must be quiet, civil and orderly
in his deportment and conduct; he must, at all times refrain
from violent or profane language, and in the performance
of his duty he must maintain full command of his temper. And,
when on a tour of service, must 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
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.
Sec. 249. Vehicles at night.
He shall take particular notice of all hacks and other vehicles
at night, and of all persons, who, under any circumstances, excite
suspicion.
Sec. 250. Shall not leave his beat.
He shall not leave the beat assigned to him unless it be to
answer a call from an adjoining beat, to convey a prisoner to
the station house, or, by permission of the Chief or Lieutenant.
Sec. 251. Must give name and number.
He must give his name and number to all persons who may
inquire.
Sec. 252. Must know the rules and regulations.
All policemen must acquire a full knowledge of the requirements
of the rules and regulations provided for the government
of the police force, and of the ordinances of the city, in order
to understand and properly perform their duties.
Sec. 253. What they must report.
Every policeman shall keep a diary or book, in which shall be
noted by him, for report at the station house; 1st, doors or
entrances of all stores or houses that he may find open during
the night time; 2nd, all nuisances on his beat that should be
removed promptly; 3rd, all violations of city ordinances, the
names of offenders, witnesses, etc.; 4th, all electric lights not
burning, length of time out if possible, and their location.
Sec. 254. Duty in plain clothes.
Policemen, when on duty in plain clothes, are to make known
to any person interfering with them in the execution of their
duty that they are policemen; they must exercise their discretion
as to the time of making such communication so as not
or interfered with, the assailant cannot plead ignorance of the
officer's real character.
Sec. 255. Must call firemen.
Policemen on night duty shall call up, with the least possible delay,
all members of the fire department residing on or immediately
adjoining their beats, who may have left their names and residences
at the station house with the request to be called when
there is an alarm.
Sec. 256. Report violation of revenue laws.
They shall aid the Commissioner of Revenue, as far as possible,
in detecting parties violating the revenue laws.
Sec. 257. Hours of duty.
The hours of duty of policemen shall be such as may be fixed
by the Mayor, Chief, and Police Board.
Sec. 258. Police to be uniformed.
All regular policemen, including the Chief and Lieutenant,
shall wear what is known as a "Policeman Uniform" as is already
or may hereafter be prescribed by the ordinances of the
city.
Sec. 259. Police uniforms.
In order to secure uniformity and neatness in the dress of
the police of the city, the Committee on Police, and the Mayor
acting jointly, shall, as soon as practicable after the first day
of October, 1909, and each and every year thereafter, procure
for each regular member of the police force a winter uniform,
consisting of coat, vest and trousers, material to be 20 to 22 oz.
indigo dyed dark blue cloth; and on or before the first day of
April, 1910, and each and every year thereafter, a summer uniform,
consisting of coat and trousers, material to be 14 to 16
oz. indigo dyed dark blue cloth. The style of uniforms shall be
what is known as "Regulation Police Uniform." When making
the above mentioned purchases for the police force, said committee,
and the Mayor shall at the same time procure for each
regular member of the force a policeman's hat, such as they
the prescribed uniform at all times when on duty, together with
a white standing collar and a black tie. The shield shall be worn
attached to coat on left breast; and baton to be carried in belt.
All members of the police force shall keep their coats buttoned
at all times on duty. The total cost of the two uniforms including
hat shall be paid by the city out of funds appropriated
for this purpose, and shall not exceed $40 for each member.
Of this sum there shall be paid by each member and refunded
to the city the sum of $15 by deducting from the monthly pay
the sum of $3 until said sum of $15 shall have been refunded.
There shall likewise be purchased by the committee and the
Mayor, acting jointly, on or about the first day of October,
1910, and on or about the first day of October every second
year thereafter, a double-breasted police overcoat for each regular
member of the force, material to be 20 to 24 oz. indigo dyed dark
blue cloth. The cost of said overcoat shall not exceed $25, of
which sum there shall be refunded to the city by each member
the sum of $10 by deducting from his monthly pay the sum of
$2 for five months. It is the intention of the Council that the
police shall at all times, when on duty, present a neat and attractive
appearance; and with this object in view the city assumes
the principal cost of said uniforms and overcoats, hence
when any member of the force shall resign or be dismissed from
the service for any cause, he shall turn over his entire uniform
or uniforms to the Mayor of the city.
CHAPTER XVII.
PEACE, GOOD ORDER AND MORALS.
Sec. 260. Disorderly conduct.
Any person, whether on his premises or elsewhere, who indulges
in loud talking, laughter, calling or shouting, or any other
form of boisterous conduct amounting to disorder, shall, on conviction,
be punished by a fine of not more than $5 for each
offense.
Sec. 261. Public drunkenness.
Any person who shall be found drunk upon the streets or in
any place of public resort in the city, shall be taken and held
in custody by the police until sober, and shall pay a fine of not
less than $2 nor more than $25, or be confined in jail not exceeding
30 days, or both, in the discretion of the court.
Sec. 262. Dangerous missiles.
No person, shall in any street, throw stones, sticks or other
dangerous missiles, or discharge arrows, nails or bullets from a
bow or cross-bow, or anywhere within the city limits discharge
shot, gravel, bullets or other similar substances from a gravel
shooter, air gun or similar implement, under a penalty of not
less than $1 nor more than $10 for every such offense.
Sec. 263. Flying kites or playing ball.
No person shall raise or fly a kite, or play any game of ball
in the streets, under a penalty of $1 for each offense.
Sec. 264. Circus exhibitions, etc.
It shall be unlawful for any person to make exhibition of a
circus, feats of horsemanship or caravan of animals at any place
within the city, unless it be in such a situation as not
to disturb or annoy any of the citizens, and unless, in addition,
it shall first have been designated or approved by the Mayor,
under a penalty of $20 for each offense; the disturbance or annoyance
constitute a nuisance under the law.
Sec. 265. 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
be 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, and to this end shall
employ a man approved by the Mayor, who shall be appointed
as special policeman to keep order. Any violation of this section
shall be punishable by a fine of $20.
Sec. 266. Cock fighting.
Any person who 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 who shall bet at any such match or main,
shall be fined for every such offense the sum of not less than $10
nor more than $100, and every owner of any such cock consenting
to his fighting shall be deemed equally guilty and fined in
accordance with the provisions of this section.
Sec. 267. Prize fights.
Any person who shall, within the city, give or perform in,
or be in any manner concerned in, any prize fight, shall be fined
for every such offense the sum of $20.
Sec. 268. Indecent exposure, language and proposal.
Any person who shall indecently expose himself, or do any
obscene act in a public place, or write obscene language, or make
obscene marks or drawing on any wall, fence or other thing in
any public place, or address any obscene, lewd or profane language
or words to another, or make use of such language within
the hearing of another, shall be fined not less than $1 nor more
than $25 for each offense.
Sec. 269. Fighting dogs or other animals.
Any person who 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 who shall bet at any such match,
or who shall allow his dog or other animal to be so matched,
either for prize or diversion, shall be fined not less than $10
nor more than $100 for each such offense.
Sec. 270. Indecent books, pictures or statuary.
It shall be unlawful for any person to print, engrave, make,
exhibit, post or put up, sell or offer for sale or other purposes,
or dispose of any indecent, immodest or lascivious books, pamphlets,
papers, pictures or statuary. Any one violating this section
shall be fined not less than $2 nor more than $10 for each
offense.
Sec. 271. Renting or leasing of property for use as house
of ill-fame.
Any person who shall rent or lease property within the city
limits, 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, shall be fined not less
than $20 nor more than $100, and in addition may be imprisoned
not exceeding six months.
Sec. 272. Property used as houses of ill-fame.
Any owner or agent of the owner, having control of property
rented within the city limits, 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 Mayor of the
city that such property is being used for such purpose, shall be
fined not less than $5 nor more than $25 for each day he shall
permit said property to be so occupied after such knowledge or
notification, and in the discretion of the court may be imprisoned
not exceeding six months; provided, that said owner or
agent shall not have taken due process of law to vacate said
property.
Sec. 273. Keeping houses of ill-fame.
Any person who shall keep a house of ill-fame, resorted to for
than $25 nor more than $200 or confined in jail not exceeding
three months, or both. In a prosecution of this offense the general
character of the house may be proved.
Sec. 274. Persons frequenting houses of ill-fame.
Any person frequenting a house of ill-fame, or visiting the
same for the purpose of lewdness, fornication or prostitution
shall be fined not less than $20 nor more than $100, or confined
in jail not exceeding 30 days, or both.
Sec. 275. Keepers or inmates of houses of ill-fame on
streets.
If any person who is known to be a keeper of a house of ill-fame,
or an inmate of such an house, resorted to for the purpose
of prostitution or lewdness, shall drive or ride through the
streets of the city during the day time, or shall at night be found
driving about or through the streets with a person of the opposite
sex shall be guilty of a misdemeanor, and he or she, or
both, shall be fined not less than $5 nor more than $25 for each
offense, and also may be confined in jail not exceeding thirty
days, in the discretion of the court.
Sec. 276. Adultery or fornication.
If any person commit adultery or fornication, he or she shall
be fined not less than $5.
Sec. 277. Lewd persons—street walkers.
No lewd person shall loiter or solicit upon the streets, or in
any public place of the city at any time, under a penalty of not
less than $5.
Sec. 278. Imitating police whistle.
Any person who shall blow a whistle in imitation of the police
signal, or attempt to do so, shall be fined not less than $2
for each such offense.
Sec. 279. False fire alarm.
No person shall, wantonly or without knowledge of the existence
of a fire, turn in or give any false alarm to the fire department,
under a penalty of not less than $2.50.
Sec. 280. Resisting an officer, etc.
Any person who 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, shall, upon conviction, be fined not less than $2 nor
more than $100 or confined in jail not more than thirty days,
or both.
Sec. 281. Injuring shade trees or other property, or
placing signs thereon, etc.
If any person willfully injure any fruit, shade or ornamental
tree or shrub planted by the city authorities or others, or willfully
injure or deface any machinery, building, wall, monument or
base thereof, fence or enclosure, or any sign, awning or other
fixture or any other property, real or personal, not his own; or
post up any show bill, notice or advertisement, or brand, write,
mark or paint any sign, letters or characters upon the building,
wall, fence or property of another person, without first obtaining
the consent of the owner, or the agent of the owner of such
property, the person so offending shall be fined not less than $1
nor more than $300 for every separate offense.
Sec. 282. Violation of the Sabbath, how punished.
If a person, on a Sabbath day, be found laboring at any trade
or calling, or employ his apprentices or servants in labor or other
business, except in household or other work of necessity or charity,
he shall forfeit $2 for each offense. Every day any servant
or apprentice is so employed shall constitute a distinct offense.
From any judgment heretofore or hereafter rendered under this
section, the right of appeal shall lie to the defendant within ten
days, to the Corporation Court, and when taken shall be proceeded
in as appeals in misdemeanor cases. (Code, Sec. 3799.)
a. No person shall open his store or shop on Sunday for the
purpose of selling or disposing of any articles of merchandise,
under a penalty of not less than $2 nor more than $10 for each
offense; provided, that this paragraph shall not apply to the sale
of medicines, surgical instruments and accessories absolutely
needed before Monday, newspapers and other current periodicals,
a previous day for Sunday's consumption.
Sec. 283. Disturbing public worship.
No person shall willfully interrupt or disturb any assembly
met for the worship of God, under a penalty of $20 for every
such offense.
Sec. 284. Lounging, etc., on church steps, porch, etc.
Any person who shall lounge or smoke upon the steps or
porch of any church, or offer for sale or barter any article on
said steps or porch, or engage in eating fruits or nuts thereon,
or otherwise defile or deface the same, shall be fined $5 for
every such offense.
Sec. 285. Disturbing public assemblies.
Any person or persons, who shall willfully or otherwise, disturb
any assembly of persons, at an opera house, or other place
of assembly, whether he be in or outside of said assembly, shall
be guilty of a misdemeanor, and upon conviction shall be fined
for each such offense not less than $5 nor more than $100.
Sec. 286. Annoying or interfering with pupils of female
or public schools.
It shall be unlawful for any person or persons, under pretext
of exercising his or their right to be on the public streets, to
loiter near the premises of any female or public 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 so
to act as to disturb any of the pupils in the pursuit of their
studies or amusements, or in the observance of the regulations
of such institutions.
It shall be unlawful for any person or persons to accompany
or follow any pupil of any female school in the city or of the
public schools 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.
Any person or persons guilty of the offense or offenses herein
mentioned shall upon conviction thereof, be fined not less than
$1 nor more than $10 for each offense.
Sec. 287. Minors frequenting billiard saloons, pool
rooms, etc.
No minor shall be employed in, play in, or loaf or loiter in or
frequent any billiard saloon or pool room, unless attended by
parent, under a penalty of not less than $2 nor more than $5 for
each offense.
No minor under 16 years of age shall be employed in, play in,
or loaf or loiter in or frequent any bowling alley or shooting
gallery, unless attended by parent, under a penalty of not less
than $2 nor more than $5 for each offense.
If any owner or keeper of any such room as set forth above
shall allow any minor to violate the provisions of this section,
he shall be deemed to be equally guilty and fined a like sum.
Sec. 288. Billiard saloons, pool rooms, etc.—regulations
concerning.
All billiard saloons, pool rooms, bowling alleys and shooting
galleries shall be closed every night during the week not later
than 11 o'clock and remain closed until 7 o'clock the following
morning.
No intoxicating liquors shall be used or drunk at the places
named in this section, or any of them, at any time.
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.
Violations of this ordinance shall be punishable by a fine of
not less than $5 nor more than $25 for each offense; and, if any
owner or keeper of any such room 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.
Sec. 289. Minors—sale of dangerous weapons and tobacco
to.
If any person sell, barter, give or furnish, or cause to be sold,
bartered, given or furnished, to any minor under 16 years of age,
cigarettes or tobacco in any form, or firearms, cartridges, dirks
or bowie knives, having good cause to believe such minor to be
under 16 years of age, he shall be fined not less than $10 nor
more than $100.
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.
Sec. 290. Selling or furnishing liquor to minors or
students.
If any merchant or tradesman or the keeper of any inn, barroom,
saloon, distillery, or any other person dealing in intoxicating
liquors sell, barter, give, or furnish, or cause to be sold,
bartered, given or furnished, or if any other person shall sell
or barter any spirituous or intoxicating or malt liquor of any
kind to a minor or to any student of the public schools or other
institutions of learning, or if any person directly or indirectly
procure from any merchant, keeper of an inn, ordinary, barroom,
distillery or any other person dealing in intoxicating
liquors, any spirituous or intoxicating or malt liquors to be sold,
bartered, given or furnished to any such minor or student, deliver,
or cause to be delivered, the same to any such minor or
students, he shall be fined not less than $25 nor more than $300,
and in the discretion of the court be confined in jail not exceeding
six months or the court shall require him to enter into a
recognizance with security in a penalty of not less than $500 to
be of good behavior for one year.
Any subsequent violation of this ordinance shall be deemed a
forfeiture of the recognizance.
Sec. 291. The sale of spirituous liquors or any mixture,
preparation or liquid which will produce intoxication.
If any person shall sell wine, spirituous or malt liquors, or any
mixture thereof, or shall sell any mixture, preparation or liquid
which will produce intoxication, he shall be deemed guilty of a
misdemeanor and shall be punished by a fine of not less than $20
and in the discretion of the court, by imprisonment not exceeding
six months.
Sec. 292. Regulation of barrooms, etc.
(1) It shall be unlawful for any dealer in intoxicating liquors
in the City of Charlottesville to conduct such business elsewhere
the public streets at all times.
(2) It shall be unlawful for any place for the sale of intoxicating
liquors to be open or for such dealer by himself or his
employees to sell or offer to sell or give away or furnish such
liquors between the hours of ten (10) p. m. and five (5) a. m.—
except Saturday night that they be allowed to keep open until
eleven (11) p. m.—or on Sunday, but during the period of time
aforesaid, on each and every day, the place of such business of
any dealer shall be closed and kept closed.
(3) It shall be unlawful for the view of the entire interior
of any place for the sale of intoxicating liquor from the nearest
public street to be in any manner obstructed, at any time, whether
by screens, curtains, stained glass or otherwise, and during closing
hours aforesaid (from 10 p. m. to 5 a. m.—except Saturday
which shall be from 11 p. m. to 5 a. m.) there shall be kept
and maintained in the room in which such business is conducted
sufficient light or lights to enable the entire interior thereof to be
plainly seen from the street.
(4) It shall be unlawful to have in such place for the sale
of intoxicating liquors, or connected therewith any private room,
booth or other private place where liquors may be served or
drunk.
(5) It shall be unlawful for any such dealer, or other person,
to keep, have or maintain any billiard or pool table, bowling alley,
slot machine or gaming device of any kind whatsoever, or to
furnish music or any form of entertainment whatsoever in connection
with his business as a dealer in intoxicating liquors or
for such dealer to permit the same to be kept, had and maintained
or furnished in his place of business.
(6) Where a restaurant, lunch room or other like place of
business or resort, or grocery or store, is conducted in connection
with such liquor business there may be an entrance or communicating
way between the room in which such liquor business is
conducted and such restaurant, lunch room or other like place of
business or resort, or such grocery store; provided, however:
1. That the room in which any such restaurant, lunch room
or other place of business or resort, or any such grocery or store,
shall be in full view of a public street at all times as well as the
whole interior of the place for the sale of such liquor.
2. And that such lunch room, restaurant or other place of
business or resort, or such grocery or store, be in good faith
closed and all business therein in good faith discontinued, during
the same hours in which the room in which such liquor business
is conducted is required by this ordinance to be closed: and
3. That it shall be unlawful for the view from the nearest
public street of the interior of any such restaurant, lunch room
or other like place of business or resort, or any such grocery or
store to be in any manner obstructed, whether by screens, curtains,
stained glass or otherwise, and during the closing hours
aforesaid, there shall be kept and maintained in any restaurant,
lunch room or other like place of business or resort, or any such
grocery or store sufficient light or lights to enable the entire
interior thereof to be plainly seen from the front.
And provided further that any restaurant, lunch room or other
like place of business or resort, or any grocery or store, which
is not closed during the hours aforesaid, or which is not in full
view of the public street during the closing hours aforesaid, shall
be wholly separated by a solid partition from any room in which
liquors are sold.
And it shall not be lawful for any dealer in intoxicating liquors
to have or permit any means of communication between his place
of business and any hotel except by the open public street.
(7) This ordinance shall apply to any corporation or co-partnership
engaged in the sale of intoxicating liquors for gain in
like manner as it applies to an individual, and the term "intoxicating
liquors" shall be construed to include whiskeys, brandies,
wines, gin, and all ardent spirits, and alcoholic or malt liquors
of every character whatever or any mixture thereof, alcoholic
bitters or bitters containing alcohol, or fruits preserved in ardent
spirits or malt extract.
(8) For any violation of any provision of this ordinance, the
offender shall for the first offense be fined not less than twenty-five
dollars ($25) nor more than fifty dollars ($50); for the second
offense not less than fifty dollars ($50) nor more than one
shall be fined three hundred dollars ($300) or confined in jail
for three months. Each hour or fraction thereof under one hour
during which any violation of any of the provisions of sections
1, 2, 3, 4, 5, and 6 of this ordinance continues shall be deemed a
separate offense and in any case herein provided for, the justice
or judge before whom the case is tried may at his discretion revoke
the licenses of the offender.
Sec. 293. Unlawful sale of liquor—information concerning.
Any person, other than a member of the police force or a city
officer, who may furnish to the police department such information
as will lead to a conviction for the unlawful sale of wine,
spirituous or malt liquors in this city, shall be entitled to and receive
one-half of the fine collected from the person found guilty,
provided the informer makes written claim to the Police Justice
for such part of the fine at the time the warrant or process is
issued. (See Sec. 611.)
Sec. 294. Curfew law.
(1) It shall be unlawful for any person under the age of fifteen
years to be in or upon the streets, avenues or alleys of this
city after 7:30 o'clock p. m. from the first of October to the
first day of May, or after 9 o'clock p. m. from the first day of
May to the first day of October, unless accompanied by and in
the care of its parent or guardian, or some other adult with the
consent of its parent or guardian, or unless actually executing an
emergency errand upon which it has been sent by its parent or
guardian, or unless such person be employed in business and his
employment makes it necessary for him to be upon the streets,
avenues and alleys of the city during the night time after said
specified hours. Any person violating the provisions of this section
shall be summoned to appear before the Police Justice for
such violation, and, upon conviction, shall be fined not less than
$1 nor more than $5 for each offence, and the Police Justice imposing
said fine may extend the time of payment of said fine, not
exceeding thirty days upon the recognizance of the accused.
(2) It shall be the duty of the Chief of the Fire Department
the first section of this ordinance, to cause to be rung the bell of
the Fire Department for ten successive strokes.
(3) It is hereby made 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, avenue or alley in violation of
the provision of section 1 of this ordinance. Any person violating
the provision of this section shall be summoned to appear before
the Police Justice for such violation, and, upon conviction,
shall be fined not less than $1 nor more than $5 for each offence.
Sec. 295. Paupers, vagrants and dangerous persons.
a. No pauper, or person having no ostensible means of support,
or person who may be dangerous to the peace or safety of
the city shall be allowed within the jurisdictional limits of the
city. Upon complaint of any policeman, the city sergeant, or
other city official, or any other person under oath to the Police
Justice of the city or any other person authorized by law to issue
a warrant, that a pauper, vagrant or dangerous person as
aforesaid is within such limits, the Police Justice shall issue his
warrant for the arrest of the party alleged to be a pauper, vagrant
or dangerous. Such person shall thereupon be arrested
and brought before such Police Justice and upon conviction, shall
be put at hard labor for the benefit of the city, to be discharged
only upon condition that he leave the city. Provided, however,
that if such objectionable person has been in the city more than
90 days prior to such arrest, the Police Justice shall have no
authority to compel him to leave the city, but, in that case, if
such person does not avail of an option to leave the city in 24
hours, which option he may have, then such objectionable person
shall, upon conviction, be confined in jail not more than 90 days
and, upon conviction of a second offense, shall be put at hard
labor for the city not exceeding six months. (Code, Sec. 885.)
b. Any railroad company, or the owner of any conveyance
bringing to or leaving in the city any such objectionable person
as is mentioned in the preceding clause, may be compelled to
take any such person back to the place whence he was brought
and, upon failure to do so after two days' notice, such railroad
be fined not less than $5 nor more than $10 for each day the
failure to remove continues. (Charter, Sec. 14, § 15.)
c. If any railroad company, or the owner of any conveyance
bring to or leave in the city any such objectionable person as is
mentioned in clause "a" of this section, such railroad company
or owner of such conveyance shall, in addition to the fine imposed
by clause "b" of this section, be fined not less than $5
nor more than $25.
Sec. 296. Dance halls—regulation of.
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
obtain the consent of the Mayor, who shall satisfy himself that
the person applying is a proper person to conduct such hall and
that the location is suitable for such purpose, and in addition,
the person so applying shall procure the license required for
dance halls.
Any such dance hall shall not remain open later than 12 o'clock
each night during the week and remain closed until 6 o'clock
the following morning.
No intoxicating liquors shall be kept or drunk at such dance
hall.
Any violation of this ordinance shall be punishable by a fine
of not less than $5 nor more than $25 for each offense; and
if the owner or keeper of such dance hall shall permit the violation
of any provision of this section he shall be deemed to
be equally guilty and fined a like sum.
Members of the police force shall have the right to enter such
dance hall at all hours to see that the peace and quiet of the
city is preserved.
Sec. 297. Concealed weapons.
If any person carry about his person, hid from common observation,
any pistol, dirk, bowie knife, razor, sling shot, or any
weapon of like kind, he shall be fined not less than $20 nor
more than $100 or be committed to jail for not more than thirty
days, or both in the discretion of the court, and such weapons
may deem best, and the proceeds paid into the city treasury.
Provided, however, that no person shall be punishable under
this section who has been granted permission to carry concealed
weapons in accordance with sec. 3780 of the Code of Virginia.
Sec. 298. Discharging firearms.
Any person who shall shoot any gun, pistol, or other firearm,
within the limits of the city, except in case of urgent necessity,
or in licensed shooting galleries, shall be fined not less than $2
nor more than $10 for each offense.
Sec. 299. Abusive or profane language.
If any person shall in the presence or hearing of another curse
or abuse such person or use any violent or abusive language to
such person concerning himself or any of his female relations,
under circumstances reasonably calculated to provoke a breach
of the peace, he shall be deemed guilty of a misdemeanor, and
on conviction shall be fined not less than $1 nor more than $25.
Sec. 300. Riot, rout, assault and battery.
Any person who shall be guilty of riot, rout or unlawful assembly,
or assault and battery, or any offense that will amount
to a breach of the peace, shall be fined not less than $2.50 or
confined in jail not exceeding six months, or both.
Sec. 301. Disguises in public.
It shall be unlawful for any one in public to conceal in any
wise his identity or to disguise himself by mask or otherwise.
Any violation of this section shall be punished by a fine of not
less than $5 nor more than $10.
Sec. 302. Threatening messages.
It shall be unlawful for any person to send any message or
communication threatening another with any punishment other
than that contemplated by law, and any violation of this section
shall be punished by a fine of not less than $5 nor more than $25.
Sec. 303. Trespass on private or public property.
If any person shall unlawfully trespass upon any private property
or occupant of such property, be fined not less than $1 nor more
than $5 for each offense. In cases where the trespass is committed
upon the property owned by the city, or other public
property, upon the complaint of the official or officials having
charge of said property, the offender shall be fined in like manner
as aforesaid.
Sec. 304. Petit larceny.
If any person shall steal from the person of another, money
or other thing of the value of less than $5, or if any person
commit simple larceny, not from the person of another,
of goods and chattels of less value than $50, he shall be deemed
guilty of petit larceny and fined not less than $2.50 nor more
than $100 or confined in jail not more than six months.
Sec. 305. Pulling down fences and leaving gates open.
If any person without permission of the owner pull down the
fence of another or any part thereof, and leave the same down,
or without permission open or leave open the gate of another,
he shall be fined not less than $1 nor more than $10.
Sec. 306. Gambling houses.
Any person who shall keep or maintain a house or apartment or
room in which games of cards, or of chance, shall be habitually
played for money or anything to be cashed in as money, shall be
fined not less than $5 nor more than $50 and be imprisoned in
the city jail for not more than thirty days.
Sec. 307. Gaming tables, slot machines, etc.
If any person 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, race horse table,
or any table of like kind, or any table, apparatus or machine used
in playing any game of chance at which money may be won or
lost, whether the game be played with cards, dice, money or otherwise,
or be a partner or concerned or interested in, either as owner,
operator or employee, in the keeping, exhibiting, using or operating
such table, machine, apparatus or bank, he shall be fined not
so used shall constitute a separate offense.
Sec. 308. Craps.
Any person who shall play the game commonly called craps,
within the corporate limits of the city, shall be fined not less than
$1 nor more than $25 for each offense.
Sec. 309. Defacing advertisements.
If any person shall tear down or deface any bill or advertisement,
so long as the same may be of any benefit to the party posting
it, he shall be fined not less than $1 nor more than $5 for each
offense. Provided, nothing herein shall prevent any one from
tearing down advertisements posted on his premises.
Sec. 310. Protection of hotels and boarding-houses.
Whoever puts up at a hotel or boarding-house and without
having an express agreement for credit procures food, entertainment,
or accommodation without paying therefor and with intent
to cheat or defraud the owner or keeper of such hotel or boarding-house
out of the pay for same; or with intent to cheat or
defraud such owner or keeper out of the pay therefor obtains
credit at a hotel or boarding-house for such food, entertainment,
or accommodation by means of any false show of baggage or
effects brought thereto; or with such intent obtains credit at a
hotel or boarding-house for such food, entertainment, or accommodation
through any misrepresentation or false statement, or
with such intent removes or causes to be removed any baggage or
effects from a hotel or boarding-house while there is a lien existing
thereon for the proper charges due from him for fare and
board furnished therein, shall be punished by imprisonment not
exceeding three months or by fine not exceeding $50. (Code,
Sec. 3722b.)
Sec. 311. Jamaica ginger—regulation of sale.
It shall be unlawful for a druggist, or other retail merchant to
sell within the jurisdictional limits of the city of Charlottesville,
any fluid essence of Jamaica Ginger or fluid extract of Jamaica
Ginger, except on the prescription of a licensed physician, which
of applying for a prescription of this character to the City
Physician, who may provide it or not, as his judgment dictates;
said prescription shall be free of cost to such citizen and shall not
be refilled. Any person violating this ordinance shall be fined not
less than $10.
CHAPTER XVIII.
CHAIN GANG.
Sec. 312. Establishment.
A chain gang shall be established in this city, and shall be under
the direction and control of the Mayor, under such rules as may
be prescribed by the Council.
Sec. 313. Who liable thereto.
Any male person over the age of 16 years convicted of a misdemeanor,
or of any offense, and sentenced to confinement in
jail as a punishment, or part punishment, for such offense, 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 an ordinance of this city, which violation of said ordinance
is punishable by confinement in jail or fine, shall be required to
work in such chain gang, at the discretion of the Mayor, when
convicted of the violation aforesaid.
Sec. 314. Manager.
The Mayor shall appoint a competent and efficient person,
to be known as manager of the chain gang. His compensation
shall be $2 per day for every day he shall report for duty
and is assigned work.
Sec. 315. Assistant manager.
The Mayor shall, when necessary, appoint a competent and efficient
person to be known as assistant manager of the chain gang
and his compensation shall be $1.50 per day for every day he
shall report for duty and is assigned work.
Sec. 316. Their duties and authority.
The manager, and assistant manager, of the chain gang, are
hereby vested with all the powers and responsibilities of policemen,
and shall be under the control of the Mayor, and may be
suspended or removed from office peremptorily by the Mayor
by him.
Sec. 317. Mayor's duty.
The Mayor shall direct such chain gang to be worked at such
time and place as the City Engineer may designate, or as necessity
may require; but such chain gang shall not be worked at any
time unless it be composed of four or more prisoners, unless when
worked with hired labor.
Sec. 318. Rules and regulations.
The following rules shall govern the Mayor and other officers
in the dischare of their duties relating to the chain gang:
1. The manager of the chain gang 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 Engineer. The manager
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.
2. The assistant manager of the chain gang shall assist the
manager in such manner as may be designated by him.
3. Each prisoner who is assigned to said chain gang shall obey
each and every proper order of the manager or assistant manager;
he shall perform such work as required of him by the officers in
charge of said force; and shall work each day the force is out
unless excused by sickness.
4. The manager shall not punish an offending prisoner on any
street or other public place; but shall return him to the city jail,
there to be dealt with as provided by rule 7; and the manager
may call upon the City Sergeant or jailer for such assistance as
he may require in dealing with an obstreperous prisoner.
5. 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 Sergeant,
and shall continue to visit the prisoner daily so long as he
may require medical attention.
6. Prisoners shall be allowed a credit upon their term of imprisonment
they shall work on the chain gang.
7. Should any prisoner or person assigned to work on said
chain gang disobey any of the above rules and regulations, and
decline to obey any proper order of the officers in charge of said
chain gang he shall be punished by said officers in charge, so that
the same be not less than 15 nor more than 39 stripes or lashes in
any one day.
CHAPTER XIX.
PUBLIC SAFETY.
Sec. 319. Fire limits.
The fire limits shall begin at a point on Ninth Street N. E., one
hundred and fifty feet north of High Street, thence by a line one
hundred and fifty feet north of and parallel to High Street westerly
to a point one hundred and fifty feet west of Second Street,
N. W., thence in a southerly direction parallel to Second Street,
N. W., to a point one hundred and fifty feet North of Main
Street, thence in a westerly course one hundred and fifty feet
north of and parallel to Main Street to the west side of Fourteenth
Street, thence South along the west side of Fourteenth
Street to Main Street, thence following the north side of Chesapeake
& Ohio Railway in an easterly direction to Ridge Street,
thence with Ridge Street north to a point one hundred and fifty
feet from the South side of Main Street, thence in an easterly
direction parallel to and one hundred and fifty feet south of Main
Street to Seventh Street, E., thence with Seventh Street north to
Market Street, thence east with Market Street to Ninth Street,
E., thence following Ninth Street to the beginning.
Sec. 320. Building permits—when and how secured.
Before the erection, construction, alteration or extension of any
building or part thereof in the city is begun, the owner, builder
or architect shall submit to the City Engineer a clear statement of
the material to be used and the mode of construction of the proposed
building or alteration, with the plans and specifications,
said statement to be in writing on suitable blanks to be furnished
by the City Engineer for that purpose, but no terra cotta flues
shall be used in the construction, alteration or extension of any
building, except when said terra cotta flues are used as flue linings
being encased in brick and well plastered up with lime or cement
mortar, and no building or part thereof, alteration or extension
shall be commenced until the owner or builder shall have received
from the City Engineer a certificate of permit specifying the material
said building is to be composed, the street upon which and the
distance therefrom at which said building is to be placed, a copy
of which shall be filed in the office of the City Engineer under
the date of issue, and said permit shall be issued by the City Engineer
after examination of the plans and specifications or detailed
description, if he approve the same. Provided, however,
that any person aggrieved by the action of the City Engineer under
this section shall have the right of appeal to the Council before
the decision is final. If a building or alteration or extension
of a building shall be begun without said certificate of permit,
the builder and owner shall both be deemed to have violated this
ordinance and shall be fined not less than $5 nor more than $100
for each offense.
Sec. 321. Buildings within the fire limits.
No person shall erect, or cause to be erected, within the fire
limits as hereinbefore defined, any building or buildings, or any
addition to an existing building, unless the walls thereof are composed
entirely of brick, stone, concrete or other material equally
substantial, permanent and fireproof, except that the outer walls
of any building within said limits and not fronting on Main Street,
may be constructed of what is commonly known as brick veneering,
and the roof or roofs of any and all buildings within said fire
limits shall be covered with slate, tile, metal or other material
which shall be deemed fireproof; provided, that a wooden building,
or a wooden addition to an existing building, costing $50 or
less may be erected upon the rear of any property, provided a
special permit be first obtained from the Council. No shingle roof
shall be put on any building within the fire limits, either in repairing
an old or constructing a new one.
Sec. 322. Wooden structures within the fire limits.
Any person desiring to erect, within the fire limits, a wooden
structure such as may be authorized under the preceding section,
shall first petition the City Engineer, or if there be none, then
the Committee on Grounds and Buildings, setting forth in writing
the location of his lot, with the boundaries thereof, the
dimensions of his proposed building, and the purpose for which
given to the owners of the adjoining property, who shall be given
opportunity to be heard in objection to the granting thereof. The
City Engineer or committee shall rigidly inquire into the propriety
of granting such petition and shall endorse thereon his
approval or disapproval, with the reasons therefor, and shall transmit
the same to the Council for its action. Any permit granted
by the Council under this and the preceding sections shall contain
a provision that such building shall only be erected with the permission
and written approval of the local Board of Underwriters.
Sec. 323. Removal of wooden structures within the fire
limits.
Whenever any building is erected in violation of these ordinances,
it shall be the duty of the Mayor to order the same to be
removed within ten days from date of notice at the cost of the
owner, and the owner of such building shall further be fined not
less than $5 for each day the same shall remain standing after
the time specified in the order for its removal.
Sec. 324. Fire escapes.
Unless specially ordered otherwise by the Council, there shall
be placed by the respective owners on the outside of each factory,
workshop, hotel, boarding house, office building, school, hospital,
tenement house, seminary, college, academy and asylum, of over
two stories in height, each theatre, hall and place of public amusement
in the City of Charlottesville, a fire escape, or more than
one when declared necessary by the Council, to consist of iron
stairways, with iron handrails, leading from a platform at each
story, and easily accessible from the passageways of each story;
the said iron stairways shall continue to the ground; but, when
erected over a public highway, the lower section shall be adjustable
so as to keep at a distance of not less than twelve feet above
the ground, except when in use during fire, and the said lower
section shall be kept raised from the ground, except when in use
during a fire.
The manner and materials of construction shall be subject to
the approval of the City Engineer.
The owner of any building, subject to the requirements of this
comply with its provisions, shall be fined not less than $25, nor
more than $100, for each month, or part of a month, that he shall
continue in default hereunder.
Sec. 325. Defective roofs and chimneys.
Whenever the Mayor shall receive information that the chimneys
or flues of any house are so constructed or that the roof of
any house is so much decayed as to cause danger from fire, he
shall notify the Fire Committee to have said house examined by
the Chief of the Fire Department, and to report to him the result
of such examination. If, from the report of the Fire Committee,
the Mayor shall deem it necessary for the public safety, he shall
give the owner or occupant of any such house notice to make such
repairs or alterations as may be requisite to remove the cause of
danger within not exceeding 60 days after the service of such
notice, under a penalty of $5 for every day there shall be
failure to make such repairs or alterations after the expiration
of the time specified in said notice.
Sec. 326. Dangerous buildings, chimneys and stove pipes
—condemnation of.
If any person shall apprehend danger by fire from any shop or
other building on account of any defective chimney, stove pipe or
from any other cause, or if any person shall apprehend danger
from the falling of any shop or other building, on application to
the Mayor, in either case, it shall and may be lawful for the
Mayor to issue his warrant to any three judicious freeholders
within the city, requiring them to view the situation of such shop,
house, chimney, stove pipe, or other cause complained of, and
make report thereon, and if on such report it shall appear that
such apprehensions are well founded, the Mayor shall issue his
summons to the owner or occupier of such shop, house or other
cause of danger, to appear before him to answer such complaint,
and if upon a full hearing, the Mayor shall adjudge the cause of
complaint to be dangerous, he shall give judgment requiring the
party complained of to remove the cause of danger by such
means to be specified in such judgments as the case may require,
and if such party shall refuse or neglect complying with such
pay a fine of not less than $5 nor more than $50 for every day's
continuance of such neglect or refusal.
Sec. 327. The continuance of such cause of danger.
The continuance of such cause of danger after such proceedings
had as aforesaid, is hereby declared a nuisance, and shall be removed
or abated by order of the Mayor, and the delinquent shall
be liable for all the costs and expenses attending such removal or
abatement, not exceeding $50 to be recovered by warrant before
the Police Justice.
Sec. 328. Dangerous wires.
It shall not be lawful for any telegraph, telephone, electric light
or electric street railway company to negligently permit or allow
any wire to hang loose from their lines or poles. Any violation
of this ordinance shall be punished by a fine of not less than $25
nor more than $100 for each offense. And if after written notification
by the Mayor of this city, the nuisance is not abated within
12 hours, the above maximum fine shall be doubled.
Sec. 329. Burning trash, etc., in streets—making bon
fires.
No person shall burn leaves, rubbish or other material, or make
a bon fire within the city under penalty of not less than $1 nor
more than $10 for each offense. All leaves, trash and other materials
shall be packed in barrels or boxes and delivered to the
city wagons for removal, as provided elsewhere in these ordinances.
Sec. 330. Shooting fireworks.
No person shall set off any fireworks or explode and fire
crackers in any street or alley within the corporate limits. For a
violation of this section the penalty shall be not less than $1 nor
more than $10 for each offense.
Sec. 331. Gunpowder and other explosives.
(a) No person shall keep within the city more than ten pounds
of gunpowder or other explosive compound, except for purposes
of sale.
(b) Licensed retail dealers may, to supply their trade, keep any
quantity of gunpowder or blasting powder not exceeding fifty
pounds in all; provided such powder be kept in metal packages,
with good, closely-fitting and well-secured covers thereon. No
such retail or wholesale dealer shall keep in his store more than
40,000 loaded gun shells.
(c) Wholesale dealers may store within the city limits, in
suitably-constructed magazines, which shall be hereafter erected
only under special permission of the Council, such quantities of
powder, dynamite or other explosives as they may deem necessary.
Said wholesale dealers may also, for the purpose of their
trade, have in their possession elsewhere than in a magazine, between
the hours of 7 a. m. and 5 p. m., any quantity not exceeding
fifty pounds. But no dynamite or nitro-glycerine in any of its
forms shall be stored or kept for sale in any store within the
corporate limits.
(d) Every dealer in gunpowder, blasting powder, dynamite
or other high explosives shall place on the building containing the
same, over or at the side of the front door thereof, a sign with
the words "Powder for sale" printed or painted thereon in legible
characters, at least three inches in height; he shall store said
powder or other explosives, including explosive cartridges, within
fifteen feet of the front entrance to the building and shall notify
the Chief of the Fire Department in writing that the same has
been done. The Chief of the Fire Department is hereby authorized
to enter any building-in which powder or other explosives
may be habitually kept for sale and familiarize himself with the
location of such explosives, to the end that he may be able to take
the necessary steps to prevent disaster therefrom in case of a
fire.
(e) No person shall carry gunpowder, blasting powder, dynamite
or other explosives on any vehicle in any part of the city
unless the same shall be secured in kegs, boxes or canisters, so
that no part thereof can fall out or escape.
(f) No person shall allow any vehicle under his charge or control,
containing more than one keg or case of twenty-five pounds
of gunpowder, blasting powder, dynamite or other high explosives
to remain within the city limits more than two hours; and no person
said article to be upon any street or sidewalk more than thirty
minutes; provided, however, that said articles may, during the
day, be brought from magazines or depots in such quantities as
may be required to supply the trade of merchants and wholesale
dealers.
Penalty: Any person who shall violate any of the clauses of
the foregoing section in regard to gunpowder or other explosives,
or permit the same to be violated with his consent by any person
in his employment or under his control, shall, upon conviction,
be fined not less than $5 nor more than $50, for each offense.
Sec. 332. Gasoline, benzine and naptha.
It shall be unlawful to keep or store in any building within the
fire limits of Charlottesville, Virginia, on the premises for sale,
not to exceed ten (10) gallons of gasoline, benzine and naptha in
all, the same to be kept in close metallic cans, free from leak—
also warranted that the drawing of gasoline, benzine and naptha
shall be done by daylight only—and that no artificial light shall
be permitted in the room where such gasoline, benzine and naptha
is stored. Any one violating this section shall be fined not
more than $10 for each offense.
(When the office of City Engineer is vacant, then such duties
as prescribed for said officer in this chapter shall be performed
by the Committee on Grounds and Buildings.)
CHAPTER XX.
CITY PHYSICIAN.
Sec. 333. Election, term and compensation.
The Council shall elect one of the practicing physicians of the
city to the office of City Physician, and such officer shall hold his
position for the term of two years, except when elected to fill the
vacancy when it shall be for the unexpired term. He shall receive
such compensation for his services as may be fixed by the Council.
Sec. 334. Same—duties.
He shall visit and attend all charity patients reported to him
whether infectious, contagious, medical or surgical, and when, in
his discretion, he may deem it necessary, may send such patients
to one of the hospitals designated by the ordinances for the care
of charity patients.
He shall, upon the request of the Mayor or any policeman, inspect
any tramp or person under arrest who may be suspected of
being the victim of any contagious or infectious disease.
He shall inspect the public schools of the city and see that they
are kept in good sanitary condition, and that the laws of health
are observed in their management.
He shall inspect all slaughter houses within one mile of the
city limits and report to the Board of Health any neglect of sanitary
laws.
He shall examine specimens of milk taken by himself from the
distributing carts at least every two months and report same to
the Board of Health when below standard. (Standard; 11 per
cent. total solids—1028. to 1035. Sp. Gr.)
He shall visit all dairies supplying milk to the city once every
quarter and oftener if he shall deem it necessary, and report to
the Board of Health any failure to comply with necessary cleanliness
and sanitation.
He shall examine all claims against the city for medicines or
druggists' supplies made on prescriptions given by him, and, before
shall also examine all bills of hospitals for patients remanded
thereto by him and, before such bills are paid, they shall be approved
by him.
Sec. 335. Books and records—custody of.
The City Physician shall be the custodian of all books, records
and papers belonging to the Health Department, and when such
records are not in actual use, they shall be placed in the vault in
the City Hall.
CHAPTER XXI.
BOARD OF HEALTH.
Sec. 336. Composition, organization, etc.
The Board of Health shall be composed of the City Physician,
who shall be the President of the Board, and one member of the
Council from each ward, one of whom shall be the Chairman of
the Committee on Streets and Sanitation.
Sec. 337. President of the board—his duties.
The President of the Board may convene it as often as he may
think proper; he shall preside at all meetings of the Board; sign
the minutes; make reports to the Council; correspond with other
boards of health, and do all other things necessary to facilitate
the Board in the proper and efficient exercise of its functions.
He shall keep a record of all births and deaths, issue burial
permits, keep records of all sickness reported to him by the physicians
of the city, and shall make a summary of all reports submitted
to him by the practicing physicians, as required of them
by section 348, and submit the same to the Council at each regular
monthly meeting. He shall also report to the Council any
physician who may fail to make his monthly report, as required
by section 348 of these ordinances.
Sec. 338. Monthly and annual reports.
The Board of Health shall report to the Council monthly the
sanitary condition of the city, and shall further consider and report
upon such matters as may be referred to them by the Council,
or upon which they may deem it expedient to report. Annually,
on or before the 15th day of August, the Board of Health
shall report to the Council the amount of all expenditures and
for what purpose made during the previous fiscal year, also an estimate
of the appropriation necessary for the ensuing year, together
with such other matters and suggestions as they may deem
appropriate.
Sec. 339. Injurious fruit, fish, etc.
The Board of Health shall have power, whenever they deem
it necessary for the preservation of the health of the citizens, to
prohibit the sale of fruits, fish and other articles which they may
consider injurious; and they may, from time to time, recommend
to the Council the adoption of such regulations as they
may think necessary for the public health.
Sec. 340. Removal of the sick.
The Board of Health is hereby empowered to order the removal
of all persons afflicted with any contagious disease, provided
proper isolation cannot be maintained at place of sickness,
to some safe and proper place within the jurisdiction of the corporation,
when in their opinion, the public safety and the health
of the city require the same; to rent a suitable place for their
comfort and accommodation; to hire nurses and provide the necessaries
for such as are in indigent circumstances.
Any person, either parent, guardian, master, mistress, or owner
of the house, where such disease may be (or the disease themselves,
when responsible persons) refusing to comply with the
order of the Board of Health, through its president or other
authorized agent, shall be fined $2 per hour during the time of
such refusal to comply with the order aforesaid, to be recovered
by warrant before the Police Justice, as other fines of the city.
Provided, nothing in the foregoing shall be construed to prevent
the friends and relatives of the diseased aforesaid from removing
them to places prepared by themselves when such places are
approved by the Board of Health, nor to authorize them to remove
any subject, at a period of the disease, when the life would
be endangered thereby.
Sec. 341. Quarantine.
Whenever it shall appear to the satisfaction of the Mayor that
a malignant or contagious epidemic disease prevails, it shall be
his duty, with the advice of the Board of Health, to quarantine
against the introduction of said disease in the city, and make
such regulations for the preservation of the health of the inhabitants
of the city not inconsistent with existing laws, as they
deem necessary or expedient to carry into effect the object of this
section.
Sec. 342. Infected houses.
When the Board of Health shall be of the opinion that any
house in which an infected person or thing has been, should be
cleansed or purified to prevent the spreading of disease, the
Mayor, at its instance, shall order the same to be done by the
occupant of such house, or if the latter, by reason of poverty be
unable to do it, the Mayor shall cause the same to be done at the
expense of the city. For failure to comply with the order of the
Mayor within 48 hours, the person so offending shall pay a fine
of not less than $5.
Sec. 343. Inspection of streets, premises, etc.
The Board of Health shall cause to be inspected all streets,
cellars, yards, lots, privies, and other places which may be alleged
to be, or likely to become, offensive. They shall also cause
the inspection of the premises of all citizens to be made by the
police of the city at least once in each quarter, and oftener, if
necessary, and to require all garbage, trash, filth, ashes, tin cans
and all other articles that may endanger the health of the
city to be removed. 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 Board of Health, 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 Board, is, or is likely to become, injurious to
health, the Board shall give notice thereof to the Mayor, who
shall require the person causing said nuisance, or the owner or
occupant of the premises on which such thing is, to correct the
evil forthwith in such manner as the Mayor may deem expedient;
and should such person fail to execute the order of the
Mayor, the said nuisance may be removed at the cost of the city
and such cost, with 20 per centum additional by way of penalty,
may be collected of such persons.
Sec. 344. Sanitary policeman.
In order to more effectually carry out the ordinances with regard
to the health and cleanliness of the city, the Mayor is
hereby authorized, at the request of the Board of Health, to
designate one of the regular policemen or appoint a special policeman,
duty it shall be to make a careful inspection of the premises of
all public buildings of the city, and of all other buildings, residences
or places of business, cellars, grounds or other appurtenances
thereto, which are required by the health laws of the city
to be kept in a cleanly and healthy condition; and to serve notice
upon the occupants thereof to abate or remove any nuisance
which he may find existing thereon. He shall be subject to the
orders and under the control of the Board of Health and shall
serve for such length of time as said Board may deem necessary.
Inspection shall be made quarterly or oftener, if deemed necessary
by the Board of Health.
Sec. 345. Inspection of watershed and reservoir.
The Board of Health shall thoroughly inspect the reservoir
and the watershed and streams of the city's water supply twice
yearly, or oftener if it shall be deemed necessary, and make report
in writing to the Council.
Sec. 346. Removal of garbage, trash, etc.
The Board of Health, through its president, shall have the
power, which is hereby granted, to order and direct the Street
Commissioner, or the foreman of the garbage wagons, as the
case may be, to have removed in the manner prescribed by the
various laws of the city in these cases made and provided, all
garbage, trash, refuse matter or any other like articles that may
be placed upon the sidewalks by the citizens for removal by the
city wagons.
Sec. 347. Responsibility of street commissioner or foreman.
The Street Commissioner, or foreman (if there be no Street
Commissioner), shall promptly obey all orders of the Board of
Health; and when such are given him in writing, by the Board
through its president, if he shall fail to perform said duty assigned
him, for a longer period than twenty-four hours after
receiving the same, he shall be fined $1 per hour for every hour
thereafter that he shall so refuse or neglect the same unless a
reasonable excuse be given.
Sec. 348. Physicians to make report monthly, etc.
The Board of Health shall have prepared suitable blank forms
to be furnished to the several practicing physicians of the city,
on which, at the close of each month, they shall make a full report
to the Board of Health of all births, deaths (including cause),
cases of disease and accident, and all other matters relevant to
the health of the city. Any physician failing to comply with the
provisions of this section shall be fined not less than $5 for each
offense.
Sec. 349. Additional physicians in case of severe epidemic.
In the case of an epidemic of any severe contagious or infectious
disease occurring in the city, the Board of Health is hereby
authorized to employ such additional physicians for such length
of time as may be necessary to protect the health of the city and
to control such disease, and shall fix the rate of compensation
to be paid for such service, subject to the approval of the Council.
Sec. 350. Supervisory duties over sanitary laws, etc.
It shall be the duty of the Board of Health and each member
thereof, to exercise a general supervision over the persons, matters
and things mentioned in the chapter on "Sanitary Laws,"
and to see that the ordinances of the city contained therein are
properly obeyed and executed, and to report any violation thereof
by private parties, or nonfeasance or misfeasance on the part of
any officer or employee of the city in his duties under said chapter.
CHAPTER XXII.
SANITARY LAWS.
Sec. 351. Contagious and infectious diseases—duty of
occupants of houses.
Owners or occupants of all residences, tenements or rooms
within the city or within one mile thereof, where smallpox, diphtheria,
scarlet fever, scarlatina, measles or other highly contagious
or infectious diseases exist, shall, either directly or through their
physician, notify the Board of Health of the existence and character
of such disease, and under the supervision of the Board
of Health or its officers, shall place on the house door, porch or
fence, a card with the name of the disease printed thereon. The
necessary card shall be prepared by the Board of Health, at the
expense of the city and shall be furnished to the citizens without
cost, and shall be at least 10 or 12 inches, and the letters in which
the name of the disease is printed shall be at least an inch long,
and the colors of the cards shall be as follows: For smallpox, a
yellow card or flag; for diphtheria, a blue card; for scarlet fever
and scarlatina, a red card; for measles or other highly contagious
or infectious disease, a white card. All physicians having in
charge any disease, of the character above mentioned, shall at
once report it to the Board of Health. On receipt of the information
of the existence of such disease, the Board of Health shall
see that the infected residence, tenement or room is placarded
as above provided, and shall notify the Superintendent of Public
Schools, who shall prevent any teachers, scholars or employees
residing in such residence, tenement or rooms from attending the
public schools of the city, without a written certificate from the
physician in charge, that it is safe for such person to do so. And
no person shall knowingly sell, cause to be sold, or otherwise dispose
of in such manner as to cause said disease to spread any
clothing, bedclothing or any other article or articles which are
infected with such disease.
Any person violating the provisions of this section shall be fined
not less than $5 nor more than $50 for each offense.
Sec. 352. Contagious and infectious diseases—duty of
physicians.
All physicians practising their profession within the limits of
the city, or within one mile thereof, who shall have any cases of
contagious or infectious diseases within said limits, shall report
the same in writing to the Board of Health immediately after the
facts shall have come to their knowledge. For every failure to
comply with this ordinance, the penalty shall be $10.
Sec. 353. Contagious and infectious diseases—quarantine
of.
Immediately upon receipt of the information that any case of
smallpox, diphtheria, scarlet fever, scarlatina, measles or other
highly contagious or infectious disease exists in the city, or within
one mile thereof, it shall be the duty of the Health Officer to
visit the case and in his discretion establish a strict quarantine of
all persons on the premises, resorting to guards when necessary,
or remove the case to the city hospital, and persons remaining
shall be quarantined for ten days, if he deem it necessary. He
shall report the names of all cases and suspects to the Chief of
Police who shall cause the arrest and removal to a detention camp
of any person disobeying quarantine orders.
Sec. 354. Entering premises under quarantine.
Any persons entering the premises of any house under quarantine
shall be isolated as a suspect for ten days, more or less,
at the discretion of the Board of Health.
Sec. 355. Confinement of dogs and cats.
All dogs and cats on the premises where scarlet fever, diphtheria,
smallpox, or any other disease as designated, exist, shall
be killed or placed in a detention cage in charge of the Chief of
Police until such animals and such houses have been disinfected
in a manner satisfactory to the Board of Health. The owner may,
himself, make such detention and disinfection of said animals as
shall be satisfactory to the Board of Health.
Sec. 356. Bringing contagion into the city.
Any person or persons, who shall knowingly, bring into the
limits of the city any person having smallpox, scarlet fever, diphtheria
bring into the city the body of any person having died of
smallpox, scarlet fever, diphtheria or any other severe contagious
disease, shall be fined not less than $25 nor more than $50.
Sec. 357. Scholars in public schools to be vaccinated.
When the Board of Health shall so order, it shall be the duty
of the principal of each of the several public schools of the city
to see that each scholar, or those making application to enter such
school, shall be vaccinated, and shall require from such scholar
a certificate of vaccination by a practicing physician. Certificates
of vaccination shall be good for such length of time as may be
determined by the Board of Health.
Sec. 358. Marshy ground and stagnant water.
If, upon any ground in this city there be 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
within thirty days from notification by the Board of Health.
Upon failure to comply, the Mayor 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 occupier of the property in like manner as taxes due
from him to the city would be collected, with twenty per centum
on such amount as a fine.
Sec. 359. Disobedience of sanitary orders of mayor or
board of health.
If any person, after being notified by the Board of Health, or
by the Mayor, to remove anything belonging to him or found on
premises owned or occupied by him, or any nuisance caused by
him, or to bury or destroy anything belonging to him, or found
on premises owned or occupied by him, shall fail to do do for
twenty-four hours after such notice, he shall forfeit $2 for each
hour of such failure after the expiration of the said twenty-four
hours; and it shall be the duty of the Mayor to have the same
done at the expense of the city, which expense shall be reimbursed
incurred, together with twenty per centum upon the amount as
a fine.
Sec. 360. Disinfecting street cars.
Every person, firm or corporation operating street cars on lines
wholly or partly in the city, shall cause every car operated within
the city limits to be thoroughly disinfected with formaldehyde,
at least once a week, till such person, firm or corporation is relieved
of his duty by further action of the Board of Health.
Any person, firm or corporation violating the provisions of this
ordinance shall be fined not less than $5 nor more than $25 for
each offense, and each week that such failure shall continue shall
be regarded as a separate offense.
Sec. 361. Discharge of water.
No discharge from any bath-tub, hydrant, or other water
fixture, shall be permitted to flow into the street, upon the sidewalk,
or upon the premises of an adjoining property owner, except
that such water, if conveyed across the sidewalk in a covered
sewer, may be emptied onto a paved gutter. Under no circumstances
shall the discharge from a water-closet, kitchen sink, or
slops from a kitchen, be turned into the street. Any one violating
this section shall be fined $2 for each day the same may continue
after notice from the Mayor or Health Officer to abate same.
Sec. 362. Garbage, slops, etc., on streets.
No garbage, swill, slops, kitchen refuse, or offensive matter of
any kind shall be carried upon any sidewalk in the city, nor shall
the same be carried upon any public street, except in such receptacles
as are provided with closely fitting covers, so as to prevent
the flying out of the contents or the escape of effluvia therefrom.
Any person violating this section shall be find not less
than $1 nor more than $2 for each offense.
Sec. 363. Cow stables—dairy.
The maintenance of cow stables or other conveniences for the
purpose of carrying on a dairy business within the city limits
shall be exercised only under the supervision of the Board of
Health, who may condemn the same as a nuisance, if not kept in
convenience shall be vacated forthwith and shall not again be
used for dairy purposes without permission from the Board of
Health.
Sec. 363a. Regulating sale of milk in city.
No person shall bring or send milk into the city for the purpose
of sale without a permit to do so from the Health Officer,
which permit shall be issued subject to the following conditions:
a. None but pure unadulterated milk shall be, with knowledge
of its impurity or adulteration, brought into the city.
b. In the management of the dairy or dairy farm upon which
the milk is produced, or the dairy or creamery at which the milk
is collected prior to shipment or sale, the applicant shall be governed
by the regulations of the Board of Health of Charlottesville
which will be furnished to applicants at the time permit
is granted. Any violation of this section shall be punished by
a fine of not less than $5.
Sec. 364. Stock pens.
No stock pen, or similar nuisance, shall be maintained within
one hundred yards of any dwelling in the city limits. Any person
violating this section shall be fined $1 per day for each animal
confined therein.
Sec. 365. Slaughter houses.
No slaughter house shall be conducted in the city limits, under
a penalty of $20 per day for each day they shall continue.
Sec. 366. Slaughter houses—regulation of.
All slaughter houses, 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 granolithic water-tight floors;
c. Shall be provided with fly screens on doors and windows so
as to prevent the ingress of flies;
d. Such provision shall be made for the disposition of the offal,
blood, bones and hides as will be satisfactory to the Board of
Health;
e. Shall be kept in a cleanly and sanitary condition, and to this
end shall be disinfected at such intervals as may be necessary, or
as the Board of Health may require.
The owner or occupier of any such slaughter house or abattoir
failing to comply with any of the provisions of this section shall
be fined not less than $25 for each and every offense. Clauses
a, b and c of this section shall not take effect until sixty days
after the adoption of these ordinances.
Sec. 367. Privies, earth-closets, etc.
No privy, other than a water closet, shall be located within ten
feet of any street, or within the same distance of the line of
adjoining property unless the owner of such adjoining property
consent to its being located or remaining within such distance;
and no earth privy shall be permitted within the city, except in
cases where parties are excluded from water or sewer facilities.
Any one violating this section shall be fined $2 for each day the
offense continues, after being notified by the Mayor or Health
Officer to remove the same.
Sec. 368. Open vaults, sinks and cesspools.
All open vaults, sinks and cesspools shall be cleaned out, disinfected
and filled. No privy, vault, sink or cesspool shall hereafter
be made or rebuilt except in accordance with the regulations
adopted by the Board of Health, and pursuant to a permit issued
by it. Each privy or necessary house in this city shall be well
roofed, and so constructed as to prevent access by fowls, animals
and flies to the excrement, and provided with a box or proper
receptacle for excrement, so constructed that it shall be sufficiently
strong, perfectly tight, and adequately furnished with hoops and
handles; that the same shall be eighteen inches in depth and so
constructed that there shall be no leakage or rain water into the
same and to be filled to the depth of six inches with fresh, dry
earth, lime or ashes, and when filled within three inches of any
part of the top shall be covered with a layer of two inches of dry
earth or ashes thrown over the whole. Notice shall then be given
the provisions of this section shall be fined not less than $2 for
each offense.
Sec. 369. Privies, etc.—when cleaned.
All privies shall be cleaned out once a month from October 1,
to April 1, and for the remainder of the year, every two weeks,
or oftener if necessary, and the filth shall be disposed of in such
manner as not to be offensive to the neighborhood nor detrimental
to the health thereof. Any person who shall violate the provisions
of this section shall be fined not less than $2 for each
offense.
Sec. 370. Privies—location of.
Whenever any privy shall be so situated and arranged that it
is impracticable for the scavenger to gain access thereto for cleaning
purposes, the occupant of the premises to which the same belongs
shall be notified by the Mayor to make the same accessible;
and if, after three days' notice, he shall fail to remedy the evil
complained of, he shall be fined not exceeding $2 each day the
same shall thereafter continue.
Sec. 371. Cellars to be cleaned and limed annually.
Every person who shall be the owner and occupier, lessee or
occupant of any dwelling or business house within the city shall
cause the cellar thereof and the premises connected therewith to
be thoroughly cleaned and limed during the month of May of each
year. It shall be the duty of the sanitary inspector and of any
policeman to see that this section is enforced, and any violation
thereof shall subject the offender to a fine of not less than $1 nor
more than $5.
Sec. 372. City scavenger carts; outside cleaning.
The city scavenger carts shall not be allowed to go beyond the
city limits in removing the excrement from privies, etc., but, the
Board of Health, if they deem it proper, may make a contract
for the removal of excrement from privies beyond the city limits
but contiguous to said limits, for the preservation of the health
of the city, and such contract shall be for such length of time
work shall be paid by the occupant of the lot on which said service
is rendered and be collected by the person contracting for said
work.
Sec. 373. Stables—care of, keeping and disposal of
manure.
a. No person owning, occupying or having use of any stable,
shed, pen, stall, or other place wherein animals of any kind are
kept shall permit such stable, shed, pen, stall, or other place to
become or remain filthy or unwholesome.
b. Every person owning or occupying any building or part of
a building wherein one or more horses, mules, cows, or similar
animals are kept, shall maintain in connection therewith a bin or
pit for the reception of manure, and, pending the removal from
the premises of the manure from the animal or animals aforesaid,
shall place such manure in said bin or pit. The bin or pit required
by this regulation shall be located at a point as remote as practicable
from any dwelling, church, school or similar structure,
owned or occupied by any person or persons in the neighborhood
of said bin or pit, other than the owner or occupant of the building
or part of building aforesaid, and as remote as practicable
from any public street or avenue; shall be so constructed as to
exclude rain water, and shall in all other respects be watertight;
shall be provided with a suitable cover, and constructed so as to
prevent the ingress and egress of flies.
c. No person owning or occupy 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.
d. The provisions of paragraphs b and c shall not apply to the
keeping of manure from horses when such manure is kept tightly
rammed into well-covered barrels for the purpose of removal in
such barrels.
e. No person shall permit any manure to accumulate on premises
under his control in such manner or to such an extent as to
any premises owned or occupied by any person other than the
person owning or occupying the premises on which said manure
is located. Every person having the use of any manure bin or
pit and every person keeping any manure in barrels shall cause all
such manure to be removed from the premises at frequent intervals
or at such times as the Board of Health may deem necessary.
f. Any person violating any of the provisions of this section,
or failing to carry out the orders of the Board of Health as provided
for in paragraph e shall, upon conviction thereof, be punished
by a fine of not more than $10 for each offense.
Sec. 374. Regulations for the control of barber shops.
1. The owner and the manager of any barber shop, and each
of them, shall equip said shop and keep said shop equipped with
running hot and cold water and with all such appliances, furnishings
and materials as may be necessary to enable persons employed
in and about said shop to comply with the requirements of
these regulations.
2. No owner and no manager of a barber shop shall knowingly
permit any person suffering from a communicable skin disease or
from venereal disease to act as a barber in said shop.
3. No person who to his own knowledge is suffering from a
communicable disease or from a venereal disease shall act as a
barber.
4. Every manager of a barber shop shall keep said shop and all
furniture, tools, appliances and other equipments used therein
at all times in a cleanly condition.
5. Every manager of a barber shop shall cause all combs, hair
brushes, hair dusters and analogous articles to be washed thoroughly
at frequent intervals and to be kept clean at all times, and
shall cause all mugs, shaving brushes, razors, shears, scissors,
clippers and tweezers to be sterilized from time to time as hereinafter
provided.
6. 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.
7. Every barber immediately after using a mug, shaving brush,
razor, scissors, shears, clippers or tweezers for the service of any
person, shall sterilize the same by immersing them in boiling water
for not less than a minute or, in the case of razors, scissors,
shears and tweezers, by immersing them for not less than ten
minutes in a five per cent. aqueous solution of carbolic acid, or in
alcohol of a strength not less than sixty-five per cent. or ten per
cent. formalin solution.
8. No barber shall use for the service of a customer any towel
or wash cloth that has not been boiled and laundered since last
used.
9. Every barber shall cleanse his hands thoroughly immediately
before serving each customer.
10. 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.
11. No barber shall permit any person to use the head rest of
any barber's chair under his control until after the head rest has
been covered with a towel that has been washed since having been
used before, or by clean, new paper.
12. 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.
13. No barber shall undertake to treat any disease of the skin.
14. Any person violating any of the provisions of these regulations
shall, upon conviction thereof be fined not more than $25.
15. The owner and the manager of any barber shop, and each
of them, shall keep a copy of these regulations, to be furnished by
the Health Officer, posted in said shop for the information and
guidance of persons working or employed therein.
16. The word "barber" as used in these regulations means any
person who shaves, or trims the beard, or cuts or dresses the hair
of any other person for pay, and includes "barbers' apprentices"
and shop boys. The word "manager" means any person having
for the time being control of the premises and of persons working
or employed therein.
Sec. 375. Stores, stalls, etc., to be kept in cleanly condition.
Any person owning, renting, leasing or occupying any stall,
room or stand where meats, milk, game, poultry, fish, vegetables,
fruits, groceries or other articles of food are prepared, kept, sold,
or offered for sale, shall not permit such place or appurtenance
thereto to be unnecessarily unclean or unwholesome. Violation
of this section shall be punishable by a fine of not less than $10.
Sec. 376. Hands and utensils in stores, dairies, etc., to
be clean.
Every manager of a store, market, dairy, cafe, lunch room, or
of any other place where a food, or a beverage, or confectionery,
or any similar article, is manufactured or prepared for sale, stored
for sale, offered for sale, or sold, shall equip said store, market,
dairy, cafe, lunch room, or other place, with running water, or
other proper water supply if running water be not available, and
with facilities and material for the proper washing, and shall cause
such washing to be done, of the hands of all persons employed
therein, and for the proper cleansing, and shall cause such cleansing
to be done, of said store, market, dairy, cafe, lunch room, or
other place, and of all apparatus, untensils, and materials used in
connection therewith. Any persons violating the provisions of
this regulation shall, upon conviction thereof, be punished by a
fine of not more than $25 for each and every such offense.
Sec. 377. Stores, cafes, etc., to be screened.
Every manager of a store, market, dairy, cafe, lunch room, or
any other place where a food, or a beverage, or confectionery, or
any similar article, is manufactured or prepared for sale, stored
for sale, offered for sale, or sold, shall cause it to be screened
effectually, or effectually protected by power-driven fan or fans,
so as to prevent flies and other insects from obtaining access to
such food, beverage, confectionery, or other article, and shall keep
such food, beverage, confectionery, or other article free from flies
and other insects at all times. Any person violating the provisions
of this regulation shall, upon conviction thereof, be punished by a
fine of not more than $25 for each and every offense.
Sec. 378. Food exposed for sale—protection of.
a. No person shall expose for sale, on any public highway or
in any open market, stand, or store in the city, candy, cake or
bread, dates or figs, or any other food of a kind not ordinarily
cooked, peeled or washed before being eaten, unless such candy,
cake, dates, figs or other articles of food is effectually wrapped,
or covered and enclosed, so as to protect it from dust and insects.
b. No such articles shall be wrapped or covered with newspapers
or with any other paper previously used for any other
purpose.
c. No person shall expose any article of food for sale, on any
public highway in the city, within twenty-four inches from the
surface of the ground, unless such article of food is covered or
enclosed to prevent access of dogs or is constantly in the immediate
presence of the owner of such article of food or of the
proper representative of such owner having custody thereof.
d. Any person violating any of the provisions of this section
shall be punished by a fine of not less than $1, nor more than $10
for each offense.
Sec. 379. Regulation requiring the registration of laundries.
That every person who commonly launders for pay on the
premises which he or she occupies, the clothing, or the sheets, pillow-cases,
table-cloths, napkins, or other similar articles, belonging
to any other person or persons, shall report that fact to the
Health Officer in writing within thirty days after this regulation
takes effect, giving his or her name and the location of his or
her premises, and the number of persons or families living independently
of one another whom he or she serves; and thereafter
every person laundering as aforesaid, shall report in like manner
his or her name, and the location of his or her premises, and the
number of persons or families whom he or she serves, within five
days after the beginning of his or her occupancy of such premises
and the use thereof for the purposes aforesaid. Any person
violating any of the provisions of this regulation shall, upon conviction
thereof, be punished by a fine of not more than $25.
CHAPTER XXIII.
MORTUARY REPORTS AND VITAL STATISTICS.
Sec. 380. Register of births and deaths.
The Board of Health shall provide suitable books in which they
shall register, in the manner hereinafter directed, the returns
made to them of the births and deaths which may occur within
the city, together with the reported cause of death in each case.
Sec. 381. Death certificates.
Whenever any person shall die within the city limits, it shall
be the duty of the physician who attended such person during his
or her last sickness, or of the Coroner, when the case comes under
his notice, to furnish, within twenty-four hours after the
same comes to the knowledge of said physicians or Coroner, a
certificate to the Board of Health, setting forth so far as can be
ascertained the name, age, color, residence, place of birth, occupation
and condition—whether married or single—of the person
deceased; also the date and cause of death. Any physician or
Coroner who shall neglect or refuse to make the reports herein
required, shall be fined not less than $2 nor more than $10 for
each offense.
Sec. 382. Burial permit.
No interment of the dead body of any human being, or disposition
thereof in any tomb, vault or cemetery, shall be made within
the city without a permit granted therefor by the Board of
Health, nor otherwise than in accordance therewith, and no permit
shall be issued by the said Board for burial in private or in
places other than those provided and recognized as public cemeteries;
and no sexton, undertaker or other person shall assist
in, assent to, or allow such interment for which such permit has
not been given authorizing the same, and it shall be the duty of
every person having such permit, to preserve and return the same
to the Board of Health. Any person violating this section shall
be fined not less than $2 nor more than $10.
Sec. 383. Permit for removal of dead bodies beyond city
limits.
No undertaker or other person shall remove the body of any
person who has died within the city limits to any place beyond
the city limits for the purpose of burial, without first procuring
a permit to do so from the Board of Health, or some member
thereof, under a penalty of not less than $2 nor more than $10
for each offense.
Sec. 384. Retaining or exposing dead bodies.
No person shall retain or expose, or allow to be exposed or retained,
the dead body of any human being to the peril or prejudice
of the life or health of any person, under a penalty of not
less than $2 nor more than $10.
Sec. 385. Burial of bodies having died of contagious diseases.
There shall not be a public or church funeral of any person
who has died of smallpox, scarlet fever, yellow fever, typhus
fever, Asiatic cholera, diphtheria or cerebro spinal meningitis;
but the funeral of such person shall be private, and no undertaker
shall retain or expose, or assist in the retention or exposure
of the dead body of any such person, except in a coffin or
casket properly sealed, nor shall he allow any such body to be
placed in any coffin or casket unless the same be immediately and
permanently sealed; nor shall he assist in a public or church
funeral of any such person. Any person violating the provisions
of this section shall be fined not less than $20 nor more than $100.
Sec. 386. Duty of sexton in charge of cemetery.
Every sexton or other person or official in charge of any cemetery
or burial ground within the city, shall, in each week, make
a report to the Board of Health of the number of bodies buried
by him during the preceding week, and shall also return to said
board the permit required by section 382.
Sec. 387. Death of persons unattended by physician.
In case any person shall die within the city without the attendance
of a physician, or if the attending physician neglects or refuses
to furnish the certificate required, it shall be the duty of
of any other person acquainted with the facts of the case, to report
the same to the Health Board, who shall thereupon be authorized
to give the required certificate; provided, it be not a
case requiring the attendance of the Coroner.
Sec. 388. Still-born child.
In case of a still-born child it shall be the duty of the physician
or midwife in charge to report same, and permit for burial must
be obtained as set forth above. Any violation of this section shall
be punished by a fine of not less than $5 nor more than $10.
Sec. 389. Physicians and midwives to register.
It shall be the duty of all physicians and midwives practicing
in the city of Charlottesville to register their names with the
Health Officer.
Sec. 390. Report of births; births without attendance of
physician or midwife.
Every practicing physician or midwife in the city, under whose
charge or superintendence a birth shall hereafter take place, shall
keep a true and exact register of such birth, and shall enter the
same on a blank to be furnished by the Board of Health. This
schedule shall contain a list of the births which have occurred
under his or her charge during the month, and shall set forth,
as far as the same can be ascertained the full name of each child
(if any name shall have been conferred), its sex, color, the full
name and occupation of its parents, the date and place of its
birth; and the said schedule shall be duly signed by the practitioner
in the form of a certificate, between the first and third
day of each month, to the Board of Health. In case the birth
of any child shall occur without the attendance of a physician or
midwife, or should no other person be in attendance upon the
mother immediately thereafter, it shall become the duty of the
parent or parents of such child to report its birth to the Board
of Health in the manner and within the period above required;
and any such person or persons who shall hereafter fail to comply
with the provisions of this section shall be subjected to a fine of
not less than $2 nor more than $5 for each offense.
Sec. 391. Register of births and deaths.
The registry of births and deaths shall be kept in separate
books, with general indexes to the respective records, and said
registers shall at all times be accessible to the public, under such
restrictions and regulations as may be imposed by the Board of
Health. Said registers shall be kept in the vault in the City Hall,
and, after having been filled with names, and after a reasonable
time, shall be filed with the Clerk of the Corporation Court as
part of the city records.
Sec. 392. Same—form of.
In order to secure uniformity and dispatch in the registration
herein provided for, the books shall contain, on the margin of
each page, printed titles, with corresponding blanks suitable for
entries for births and deaths, in the following order: Births.
Full name of child (if any shall have been conferred), sex, color,
full name of father, full name of mother, day, month, and year
of the birth, street and number of house where born, name of the
physician or other person signing the certificate, and his or her
residence. Deaths. Full name of the deceased, color, sex, age,
married or single, occupation, birthplace, date of death, cause of
death; when an infant unnamed, the name of the father and
mother, ward, street and number of house, and date and place
of burial.
Sec. 393. Blanks for returns.
The Board of Health shall keep on hand at all times a supply
of blanks for gratuitous distribution to all persons whose duty
it shall be to make returns under this ordinance, the said blanks
to be prepared in the form of books, and the margins to correspond
with the printed titles in the books of the Board of Health
as required in the foregoing section.
CHAPTER XXIV.
CEMETERIES.
Sec. 394. Keeper—his election, term of office, salary, etc.
The Council shall elect a keeper, who, under the direction of the
Committee on Cemeteries, shall have special charge of the public
cemeteries and of all property of the city in and about the same.
His term of office shall be for two years and he shall receive
such salary as may be fixed by the Council.
Sec. 395. Same—his powers and duties.
He shall employ, subject to the approval of the Committee on
Cemeteries, such help as may be needed for the purpose of embellishing,
and improving the grounds, grading, draining and
keeping avenues, walks and sections in order, and for the interment
of the dead, and such other work as may be necessary.
He shall have all the powers of a member of the city police within
the cemeteries over which he has jurisdiction, and within one
hundred yards thereof, and shall keep order and preserve the
peace therein; and any one obstructing or hindering him in the
discharge of his duty shall be fined $5 for each offense.
Sec. 396. Laying off lots—mapping and selling of same.
The keeper shall lay off the grounds, not already mapped, into
sections, half sections, and quarter sections and shall have two
maps made of same by City Engineer, or some other civil engineer.
One of said maps shall be kept by the keeper and the
other recorded in the Clerk's Office of the Corporation Court, and
the keeper shall sell the sections, half sections and quarter sections
as shown on said maps at such prices as may be fixed from time
to time by the committee.
Sec. 397. Deed to sections.
The Mayor shall have authority and it shall be his duty to
convey by deed with general warranty of title to any purchaser
thereof any section in any cemetery of the city to which the city
purchase money for said section has been fully paid. To such
deed the Mayor shall attach the seal of the city, however, that in
any such deed it shall be expressly set out that the section thereby
conveyed shall be used for the interment of white persons only,
and that its management and control shall be subject to any laws,
ordinances or resolutions passed or thereafter passed, by the City
Council for the management, government or improvement of the
cemetery in which the section is located, or for the management,
government or improvement of the sections in said cemeteries.
Sec. 398. To whom lots shall be sold.
All the sections in Maplewood and Oak Hill cemeteries shall be
used exclusively for the burial or interment of white persons;
except that part in Oak Hill cemetery which has been set apart
for colored persons.
Sec. 399. Burial of paupers.
The Committee on Cemeteries shall designate such portion of
Oak Hill Cemetery as may be necessary for the interment or
burial of paupers.
Sec. 400. Charges for keeping sections in order.
Every owner of a section or part of a section in any cemetery
of the city shall pay annually to the keeper on the 1st day of
July the following fees, viz: For a full section, five dollars; half
section, three dollars and fifty cents; and quarter section, two
dollars, which amounts shall be placed to the credit of the
cemetery fund, to be expended only for keeping said sections in
good condition.
Sec. 401. Record of burials, permit, etc.
The keeper shall keep a record of each cemetery showing the
name, division, block, section, grave and date of interment of
every person buried in said cemeteries, and no interment shall be
made without a permit from the Board of Health.
Sec. 402. Fees for digging graves.
For digging a grave for a person fourteen years of age and
over the fee shall be five dollars; and for graves for persons under
be paid in advance unless guaranteed by some responsible person,
and every grave shall be not 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.
Sec. 403. Trespass, etc.
For breaking, injuring, or destroying any monument, gravestone
or mark, shrub, plant or tree in the cemeteries, or any property
appertaining thereto, or for trespassing in any manner on the
grounds, the person or persons so offending shall be fined not
less than $2 nor more than $20, and said fine shall be placed to
the credit of the cemetery fund.
Sec. 404. Financial reports, etc.
The keeper shall keep an account of all money received by him
for burial assessments, or sale of lots and keeping sections in
order and shall pay over the same to the Treasurer weekly; and
he shall keep an account of money expended for labor or other
expenses of the cemeteries and make weekly reports to the committee.
He shall give bond with security for the faithful performance
of his duties.
Sec. 405. Quarterly reports to be made by chairman of
committee.
The chairman of the Committee on Cemeteries shall make a
report to the Council quarterly, showing the receipts and expenditures
for the cemeteries of the city and such other matters as they
may deem necessary.
Sec. 406. River View Cemetery.
The corporation known as the "River View Cemetery Company"
is hereby empowered to carry out the powers granted it by the
charter of said company, so long as the same are exercised in due
accordance therewith.
CHAPTER XXV.
WATER AND SEWER DEPARTMENT.
Sec. 407. General control and government—by committee.
The standing Committee of the Council on Water and Sewers
shall have control and general government of the city's water
works and sewer system; shall authorize the employment of all
help and regulate their wages; the purchase of tools, implements
and other supplies, as may be necessary for carrying on the work
in this department, in accordance with section 12 of these ordinances.
They shall prescribe what mains and service pipes shall
be laid, what extensions and repairs are to be made, what taps
are to be made to mains and location of same.
Sec. 408. Annual reports—when and how made.
The committee shall at the regular meeting of the Council in
September of each year make a report and account for the preceding
year, showing the following:
a. Amount expended in construction, extension and permanent
improvement;
b. Amount expended for salaries, labor, coal, pipe, fittings and
other items of current expense.
c. Amount of annual interest on the bonded indebtedness of
these departments.
d. Amount of receipts from sale of water and other sources.
e. Amount of water used for municipal and other purposes, its
value to be based on the lowest prevailing rate.
f. An inventory of all tools, pipe, fittings and other supplies,
stating their condition and value.
g. Also to impart to the Council such information in relation to
these departments as they may deem important.
Sec. 409. Superintendent—his election, term of office
and compensation.
There shall be elected by the Council at the time and in the
a Superintendent for the Water and Sewer Department of the
city whose term of office shall be for two years (except in cases
of vacancy) and until his successor is elected and qualified—
unless sooner removed for cause, as provided for in these ordinances—and
before entering upon the duties of his office shall
give bond payable to the city of Charlottesville, with approved
security, conditioned in accordance to law for the faithful
performance of his duties, in amount specified in section 44. For
services rendered he shall be paid in monthly installments such
salary as may be fixed by the Council.
Sec. 410. Same—duties and powers.
The Superintendent, subject to the control of the committee,
shall have charge of all the property pertaining to the water and
sewer system and all fixtures and pipes connected therewith. He
shall carefully inspect all parts of the water works and sewer
system and have the same kept in good order, and in proper
operation, and the water furnished as pure and clear as practicable,
with promptness and regularity, to the city and to all persons
entitled to its use under the provisions hereinafter contained.
Sec. 411. Same—employment and control of help.
Subject to the consent of the committee, the Superintendent may
employ such help as may be necessary for carrying on the work
in this department, in all its details, in an economical and satisfactory
manner, and over all such employees he shall have absolute
control. He shall pay the employees such wages as are
usual and necessary in the opinion of the committee; but the pay
of no employee shall at any time be increased by the committee
in an amount exceeding $100 per annum without first having obtained
authority therefor from the City Council in due form.
Sec. 412. Same—pay rolls.
He shall also cause to be kept accurately the time of each employee
in his department, and make up pay rolls therefrom weekly,
giving their names, the kind of work performed, rate per day and
amount due each and made out so as to show what is chargeable
to current expenses, and what to construction. After first having
had such pay rolls approved and after having received a warrant
by the ordinances of the city, and in the manner prescribed in
the other departments of the city's work, he shall pay to each
employee whatever may be due him according to said pay roll.
Sec. 413. Same—to make purchases, etc.
Subject to the control of the committee, and in accordance with
the rules of the Council governing purchases for the city, the
Superintendent may purchase such materials, tools and other articles
at such times and in such quantities as may be necessary in
the operation of his departments.
Sec. 414. Same—when and how bills to be approved and
paid.
All bills for supplies or other items shall be paid monthly, unless
otherwise agreed, by a warrant of the Auditor drawn on the
Treasurer of the city; but, before any bills are paid, they shall
be certified to as correct by him and approved by the chairman
of his department.
Sec. 415. Same—books of record to be kept.
He shall cause to be entered in a book kept by him for that
purpose, a strict account of all expenditures in his departments,
properly classified showing whether expended for current expense
or construction account, and in such manner as may be prescribed
by the Auditor.
Sec. 416. Same—reports, quarterly and annual.
He shall render to the committee for the use of the Council a
quarterly report showing the expenditures in his department for
labor, pipe, fittings, tools, and other items; said statement of expenditures
to be verified by the Auditor and to agree with his
accounts before being submitted to the committee. He shall
on the first day of September in each year, or as soon thereafter
as practicable, submit to the committee for the use of the Council
an annual report which shall be a summary of his quarterly reports
for the previous year; said report shall be made out in
such manner as to show the operating expenses, properly classified,
and for construction in its several branches, together with
such recommendations for the improvement of the property and
with this report shall be filed an inventory of all tools and materials
on hand, stating their condition and value.
Sec. 417. Water—application for, how made.
Whenever any person, owning property along the line of any
water main, shall desire the introduction of water into his premises,
he shall make written application therefor to the Superintendent
of Water. Such application shall set forth the name of
the applicant, the location and description of the property into
which the water is to be introduced, the purpose for which the
water is to be used, and the name of the plumber who is to do
the work incident to the introduction of water into said premises.
The Superintendent of Water shall thereupon cause to be constructed,
at the expense of the city, a service pipe leading from
the said water main to the curb nearest said main where tap is
to be introduced. He shall then issue to such applicant a permit
for the plumber named in the application to make connection
with the said service pipe at the said curb. But all such connections
and all plumbing work incident to the introduction of
water into the said premises, shall conform in all respects to
the provisions of the chapter on plumbing.
Sec. 418. Size of connections.
The Superintendent of Water, in tapping the mains for service
pipes, shall not use pipe of greater diameter than three-fourth
inch, except when making connections for factories, hotels, etc.,
when he may use one inch, but in no case shall a service pipe be
installed larger than one inch without the consent of the Council.
Sec. 419. Same—when turned on.
When the connection with the service pipe has been completed,
the owner of the said premises to be supplied with water shall
make written application to the Superintendent of Water to have
water turned in to such connection. Such application shall set
forth the location and description of the property to be supplied
with water, the name of the applicant against whom the water
rates are to be assessed and the number and character of fixtures
to be served. Before the water is turned into said premises the
been done in accordance with the requirement of the city laws,
and that the number and character of fixtures to be served with
water on the said premises have been properly set forth and
described in the said application. The Superintendent shall thereupon
assess the water rates to the next ensuing quarterly term
against the person making such application, and shall report the
same to the City Treasurer for collection. When such assessment
has been paid to the City Treasurer, the Superintendent,
upon exhibit to him of receipt therefor, shall forthwith cause the
water to be turned in to said premises.
Sec. 420. Wrongful connection—penalty for.
Any person who shall introduce, from the city water works,
water upon any premises except as provided in this chapter shall
be fined not less than $10 nor more than $50. Any person who
shall make any addition to, or alteration of, any fixtures on any
premises, except as provided in the chapter on plumbing, shall
be fined $10.
Sec. 421. Water—for what period furnished.
Water for other than building purposes shall never be furnished
for a less period than three months, except when applied
for after the beginning of the quarterly term, in which case the
assessment shall be for the remainder of the term.
Sec. 422. Same—charges for; how computed.
Persons using city water shall pay the proper assessment on
all fixtures connected with the city water pipes whether said
fixtures are used or not.
Sec. 423. Same—use of another's hydrant.
Persons residing beyond where any water pipe is laid desiring
the use of water from a hydrant upon the premises of another
person, must make application therefor to the Superintendent of
Water, filing with such application the written consent of such
person occupying such premises. The Superintendent shall then
assess the regular rates for the use of a hydrant against the person
so applying, and shall report such assessment to the City
use said hydrant.
Sec. 424. Water mains—where laid.
Water mains shall be laid in such streets, and shall be of such
size, and made in such manner, as the Council shall direct.
Sec. 425. Private hydrants—location.
No private hydrant shall be placed on any sidewalk or on any
street, or other exposed position where water may be taken therefrom
without detection.
Sec. 426. Meters—where used.
The Superintendent of Water shall, when requested by any
water user or when in his opinion it shall be advisable, locate and
attach a meter to the service pipe on the premises of such water
user; provided, when such meter is so located and attached at
the request of any water user, all the expense incident to such
location and attachment, including the cost of the meter, shall
be borne by such water user; when the location and attachment
of such water meter is made by the Superintendent upon his own
motion the expense thereof, including the cost of the meter, shall
be borne by the city. As soon as such water meter shall be
located and attached as herein provided, the Superintendent shall
assesss the water rates against the water user on such premises
according to the meter rates prescribed by the Council.
Sec. 427. Hand hose—use of; size, etc.
No person shall use a hand hose for sprinkling streets, washing
sidewalks, streets or gutters, or any other purpose, with a nozzle
exceeding one-fourth of an inch in diameter, or for any purpose
whatever unless same be held in hand.
Sec. 428. Water—fraudulent use, penalty.
If any consumer falsely represent the consumption of water,
or number and kinds of openings, or make other openings than
those reported to the Superintendent of Water, such person shall
be liable to a fine of $10.
Sec. 429. Same—fraudulent use, penalty.
Any occupant of premises, upon which water has been introduced,
any other person other than the said occupant or members or
visitors of his family, except as provided in this chapter, shall
be fined $5 for each offense, and the person so using, carrying or
receiving the water from said premises shall be fined a like sum,
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 said
premises.
Sec. 430. Water—how secured for building purposes.
No water shall be used for building purposes except under a
special permit from the Superintendent of Water, nor until the
person wishing to use it shall have paid to the Treasurer such
sum as the Superintendent of Water may designate as a fair
estimate of the value of the water which it is proposed to use,
according to the rates fixed by the city ordinances. But if, at
any time after granting of such license, the Superintendent of
Water shall consider that such estimate has been exceeded, no
more water shall be used for that purpose until a further estimate
has been made by the Superintendent and a new assessment
has been paid to the Treasurer by the party proposing to use the
water. Any one using the city water for building purposes, without
complying with this ordinance, whether such water be obtained
from a hydrant, pipe or other fixture, or from a street
gutter, shall be fined $5 for each day, or part of a day, he so
offends.
Sec. 431. Water rates—how fixed.
The Council shall from time to time fix the rates to be paid
for the use of water supplied from the city's water works.
Sec. 432. Same—how assessed.
The water rates as established by the Council shall be assessed
by the Superintendent against the person applying for water and
to whom and for whose use the same is supplied. All charges
connected with the water works of the city for which the owner
of property is responsible, shall be assessed by the Superintendent
against said owner. In both cases such assessments shall be
the same as herein provided for.
Sec. 433. Same—when payable.
The water rates shall be payable quarterly in advance, unless
especially ordered otherwise by the Council. But where water
is furnished through a meter, then the rate shall be due and payable
on or before the tenth day of each calendar month unless
especially ordered otherwise by the Council.
Sec. 434. Same—where and to whom payable.
It shall be the duty of all persons against whom such water
rates are assessed, on the days on which they shall fall due, as
herebefore prescribed, to pay said assessment to the Treasurer
of the city at his office. The amount of said bill shall be paid
to the Treasurer on the day it is due, and if said assessments are
not paid on or before the 10th day of the calendar month in
which they are due, it shall be the duty of the Treasurer to notify
the Supterintendent of such default, and the Superintendent shall
immediately shut the water off from the premises, as to which
default be made, and shall not turn the same on again until he
is notified by the Treasurer that said assessment has been paid,
including a fee of fifty cents to reimburse the city for the expense
of turning on the water. In the event of the 10th day of the
month falling on Sunday, the Treasurer is authorized to extend
the time of payment one day.
Sec. 435. Same—how erroneous assessments corrected.
The Superintendent of Water may at any time upon discovering
an error in an assessment against any water consumer, correct
the said assessment, and shall give notice thereof to the
Treasurer and Auditor, who shall duly note the same.
Sec. 436. Same—when water bills to be in hands of
auditor.
The Superintendent shall cause all water bills to be in the
hands of the Auditor at least three days before the date on which
they are due, and it shall be the duty of the Auditor to charge
and deliver the same to the Treasurer immediately.
Sec. 437. Same—treasurer to give notice of to consumers.
The Treasurer, upon receipt of the water bills, shall immediately
notify each consumer on a postal card of the amount due
the city, and notices shall be printed on said card that the same
is due and payable at the office of the Treasurer not later than
the 10th day of the month.
Sec. 438. Water fixtures—right of inspection.
Every person occupying any lot or tenement into which water
is conveyed under this chapter shall permit the Superintendent
of the Water Works, or his agent, or any authorized agent of
the city, to enter such lot or tenement, at seasonable hours, to
inspect the works therein or to see if the provisions of the law
have been violated. Any person refusing to do so, shall, for
each refusal, pay a fine of $5.
Sec. 439. Non-resident water takers.
The supply of water to persons outside of the corporate limits
shall be on the following conditions:
The application must be made to the Superintendent in the
manner prescribed for applicants in the city.
The assessment for water shall be 50 per centum over the
rates prescribed for the use of water in the city and to be paid
in like manner as prescribed for city consumers.
When permission is granted, the Superintendent shall require
non-residents to enter into and sign an agreement to be governed
by the ordinance concerning water works and such special regulations
as the city may from time to time prescribe.
All services installed for non-resident water takers shall be
paid for by the property owner for whom such connection is
made. The city will make the tap on main and furnish curb and
tapping cocks and stop box.
Sec. 440. Superintendent shall keep map of water mains
in office.
He shall keep in his office, subject to the inspection of the
public, a map, which it is the duty of the City Engineer to prepare,
showing the location, course and dimension of each water
in writing, any change or extension of such pipe, and the
City Engineer shall note all such changes and extensions on said
map. When there is no City Engineer, then the Superintendent
shall note such extension.
Sec. 441. Waste of water, penalty.
When the owner or occupant of a lot or premises on which have
been erected or placed a hydrant, cock or other fixture to supply
water, shall permit the water to run from the hydrant, cock or
fixture, without proper care to prevent waste, or fail to keep his
water pipes or fixtures in good repair and protected from freezing,
there shall, in each case, be a fine on said owner or occupant
of not less than $1 nor more than $20; and in either case the
Superintendent shall stop the water from the tenement, and shall
not turn it on again until satisfactory assurance is given him that
the like will not happen again. It shall be the duty of each owner
or occupant of any lot or premises to notify the Superintendent
when his hydrant or other fixture is out of order and the water
wasting.
Sec. 442. Two or more premises supplied by same tap.
In all cases where there are two or more premises supplied by
a single tap, and the fixtures are accessible to each, a like charge
for water shall be made for each of the premises having access
to the fixtures and the same charged against the agent or owner
of the premises upon which said fixtures exist, unless one tenant
assumes responsibility for the whole charge, or unless proper
enclosures or barriers are put up and maintained to prevent access
from others.
Sec. 443. Unauthorized persons turning on and off
water.
No person, except the Superintendent or his authorized agent,
or a licensed plumber or his authorized agent, shall turn off or
turn on the water at any curb stop cock box, under a penalty of
not less than $5 nor more than $10.
Sec. 444. Waterworks—reservoirs, etc., injuries to;
penalty.
If any person shall deface or injure any house, wall, cock,
to the water works, or shall bathe in the reservoirs, or deposit
any offensive matter, or any stick, mud or rubbish in said
reservoirs, or place the carcass of any animal or other deleterious
substance on the watersheds or in any stream of said reservoirs,
or shall without lawful authority, climb over or get through the
enclosures of, hunt or fish in said reservoirs, or place any building
material, rubbish or other matter upon the stopcock of a
street main or service pipe, or obstruct access to any fixture connected
with the water works, or remove or injure any pipe, fire
hydrant, or cock, or open any of them so as to waste the water;
or if any person shall use the city water for a purpose for which
he has neither paid nor obtained a license to use it, every such
person shall for each offense pay a fine of not less than $5 nor
more than $20.
Sec. 445. Superintendent has powers of police.
The Superintendent of Water is especially charged with the
enforcement of the provisions of the ordinances contained in this
chapter, and for that purpose is clothed with all the powers and
functions of a policeman. It shall be his duty to bring to the
notice of the Police Justice every breach of said ordinance and
to prosecute the offender before the Police Justice.
Sec. 446. Police, sanitary officers and employees to give
information of waste.
It shall be the duty of every police and sanitary officer, and
every officer and employee of the Water Department aforesaid,
to give prompt and immediate information of any waste of the
water to the Superintendent, and to appear as a witness in every
such case, and any officer or employee neglecting so to do shall
be subject to instant dismissal by the proper authorities.
Sec. 447. Steam boilers—use of city water by.
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 water works for supplying such boilers
under pressure, are required to have tanks erected that will contain
an ample supply of water for supplying such boiler or boilers
for at least ten hours, in case the water is cut off for necessary
accidents or damages to which such devices are frequently
subject.
Sec. 448. Violations of provisions of this chapter; penalties.
Any person or persons who shall violate or fail to comply with
any of the foregoing rules or regulations, for the violation
or noncompliance with which a penalty has not herein been
provided shall, upon conviction before the Police Justice of the
city, forfeit and pay the sum of $5.
Sec. 449. Water—how furnished to non-residents.
No city water shall be furnished to any person outside of the
city limits other than those now being supplied or to those within
300 feet of the present main, unless the same shall be authorized
by the votes of three-fourths of the Council.
Sec. 450. Water rates, where not provided.
In any case not herein provided for, the water rent shall be at
such rates as may be fixed by the Superintendent of Water subject
to the approval of the Water Committee.
Sec. 451. Water rates.
The water rates for this city shall be as follows until otherwise
ordered by the City Council, the rates given in each instance
being the charge per annum, except where otherwise indicated:
| Albemarle Court House and Clerk's Office | $ 25 00 |
| Albemarle County Jail | 25 00 |
| Bakery | 10 00 |
| Barroom, whether separate or run in connection with store, hotel, etc. |
20 00 |
| Barber shop (each additional cock over one, $2.50) | 10 00 |
| Baths for barber shops, hotels, etc. (additional, each $2.50) | 10 00 |
| Baths for private house, only by the year | 2 00 |
| Billiard saloon | 10 00 |
| Blacksmith shop | 5 00 |
| Boarding house | 10 00 |
| Boiler, with engine, for each horse-power of engine | 2 00 |
| Boiler, when used without engine | 2 00 |
| Bottling works | 25 00 |
| Bowling alley | 10 00 |
| Bricklaying, per thousand | 10 |
| Carpenter's shop | 5 00 |
| Circus, each day (rate to be fixed by Superintendent of Water). |
|
| Cows, in excess of one | 2 00 |
| Drug stores | 10 00 |
| If soda water be manufactured there shall be an additional charge of |
8 00 |
| Dwelling house, when valued at $1,000 or less | 5 00 |
| And an additional amount of 15 cents for each additional $100 in assessed value of house and lot up to $20,000. |
|
| (No fountain shall have a nozzle larger than ¼ of an inch.) | |
| Foundry | 5 00 |
| Fountains | 15 00 |
| Horse or mule, in excess of one | 2 00 |
| Hotels, without water closets | 40 00 |
| Laundry | Meter |
| Livery stable | 20 00 |
| (And 25 cents for each stall whether in use or not.) | |
| Machine shop | 5 00 |
| Photograph gallery | 10 00 |
| Planing mills, blind or sash factory | 5 00 |
| Plastering, per hundred yards | 30 |
| Printing office, either job or paper | 5 00 |
| Railroads | Meter |
| Restaurants | 24 00 |
| School, boarding | Meter |
| Soda fountain | 8 00 |
| Stone or concrete work (rate to be fixed by Superintendent of Water). |
|
| Stores, banks and offices, not otherwise specially mentioned, when only one cock is used |
5 00 |
| Stores, where spirits are sold by measure | 10 00 |
| Theatre or public hall | 10 00 |
| Urinals | 3 00 |
| Warehouse | 5 00 |
| Water closets (for a seat) only by the year | 3 50 |
| Each additional closet | 3 00 |
| Servant's closet | 2 00 |
| Water closets in hotels and public places, first seat | 8 00 |
| Additional seats, each | 5 00 |
| Work shop | 5 00 |
| Yard or street sprinklers, per year, or fractional part of a year |
3 00 |
Sec. 452. Meter rates.
| Ice manufacturers | per 1,000 gallons 07 |
| Railroads, Chesapeake & Ohio (contract) | per 1,000 gallons 05 |
| Southern (contract) | per 1,000 gallons 05 |
| Char'ville & Albemarle (contract) | per 1,000 gallons 07 |
If any of the above use less than 150,00 gallons per month, the
following rates shall apply:
All other consumers shall pay the following rates, with a minimum
charge:
| From 1,000 to 10,000 gallons | 20 cts. per thousand |
| From 10,000 to 25,000 gallons | 12 cts. per thousand |
| From 25,000 to 50,000 gallons | 10 cts. per thousand |
| In excess of 50,000 gallons | 8 cts. per thousand |
| Barrooms | $2 00 per month |
| Barber shop, without fixtures | 90 per month |
| Barber shop with fixtures, bath tub and closet | 1 20 per month |
| Boarding house, with fixtures | 1 50 per month |
| Boarding house, without fixtures | 1 20 per month |
| Boilers, one to forty horse power | 3 80 per month |
| Boilers, over forty horse power | 5 00 per month |
| Bottling works | 2 00 per month |
| Confectionery and bakery combined | 1 50 per month |
| Confectionery | 1 20 per month |
| Drug stores | 1 50 per month |
| Hotel, with one water closet and one bath tub | 5 00 per month |
| Hotel with more than one closet and one bath | 8 00 per month |
| Laundry, without steam | 1 50 per month |
| Laundry, with steam | 5 00 per month |
| Livery stable | 2 00 per month |
| Photograph gallery | 1 20 per month |
| Restaurant | 2 00 per month |
| Residence, without closet and bath tub | 50 per month |
| Residence, with one closet and one bath tub | 90 per month |
| Residence, with more than one closet and one bath tub |
1 20 per month |
| Store, without closet | 50 per month |
| Store, with one closet | 70 per month |
| Store, with more than one closet | 90 per month |
| Store, where liquor is sold | 1 20 per month |
Consumer outside city limits, 50 per centum additional.
If any water meter shall fail to register, the charge shall be
estimated from the three preceding months.
CHAPTER XXVI.
SEWERS.
Sec. 453. Sewers—how designated.
For the purpose of this chapter, all sewers running in the streets
of the city with which the sewers running into the lots abutting
on the streets connect, shall be called main or lateral sewers; all
sewers leading from the main or lateral sewers to the property on
either side shall be called house sewers.
Sec. 454. Same—how constructed.
The city shall lay, construct and maintain all main or lateral
sewers, "Y" branches, and all house sewers from their connection
with main or lateral sewers to the boundary line of the property
into which such house sewers lead, inside the city limits. The
owner of the property into which such house sewer leads shall
construct the same from the property line to the house connection.
Sec. 455. Same—connections, how made.
No connection shall be made with the main or lateral sewers
without the consent in writing of the Superintendent.
Sec. 456. Sewer connections—how permission for secured.
Application for permission to connect with any main or lateral
sewer must be in writing and must be made by the owner of the
property which it is proposed to connect with the sewer system; or
by his duly authorized agent; such application shall give the name
of the owner of the property, the location of the property, the
name of the person, firm or corporation who is to do the work,
the nature of the liquid that is to flow through such sewer, specifying
whether it be household waste or other fluid, and showing
the proposed location of the house sewer on the property by a
plat or drawing of the property, or otherwise.
Sec. 457. House sewers—how connected.
All house sewers shall be constructed strictly in accordance
with the facts stated in the application, provided said application
branches as located by the Superintendent, and in accordance
with his directions.
Sec. 458. Sewers—injury to; or to gas or water pipes.
No person, firm or corporation, while engaged in the construction
of house sewers or otherwise, shall injure, trim, break or remove
any portion of any main or lateral sewer, or "Y," or manhole,
lamp-hole or flush-tank, or do any injury to any gas or
water pipe or house sewer previously laid and no penalty fixed
by this ordinance shall prevent the city or any property owner
from recovering any damages sustained by reason of such injury,
by appropriate civil action or otherwise.
Sec. 459. Same—drainage of injurious matter through
prohibited.
No person shall be permitted to discharge into the main or
lateral sewers, any household sewer or drain through which substances
are discharged, any cinders, vegetables, fruit, fruit peelings,
ashes, rags, cotton, hair, or any refuse matter or garbage or
anything other than the ordinary discharges of water closets,
liquid house slops and closet paper. No rain water from the
roofs of houses, surface water, drainage from the yard or cellar
shall be permitted to flow into the sewer.
Sec. 460. House sewers—how laid.
The trench for the house sewer shall be dug so as to meet the
main or lateral sewer at the position of the "Y" branch and at
the angle located and required by the Superintendent. The material
thrown from the trench shall be so placed as not to obstruct
the streets as far as possible; proper barriers and lights shall be
maintained on the banks of such trench to guard against accident
during the progress of the work; and, in filling in, the earth
shall be carefully rammed or puddled so as to prevent settlement
after it is laid mus tbe left smooth and perfectly clean through-after
it is laid must be left smooth and perfectly clean throughout
its entire length; and to insure the same, a scraper of suitable
material of the same shape of the pipe and slightly less in
diameter, shall be drawn through each length of pipe after it
has been laid.
Sec. 461. Sewer pipe—material and size.
All house sewers laid in the streets shall be of first class six
inch, salt glazed, vitrified pipe, or of four inch cast iron pipe of
the best quality. If earthenware pipe be used it must be laid not
less than 18 inches below the surface. The joints of the pipe,
if earthenware be used, shall be made with gasket and mortar
of good fresh cement, and clean, sharp sand of equal parts, and
if iron pipe be used, the joints shall be made with gasket and
melted lead, well calked, and all joints shall be water tight and
gas tight. All house sewers shall be run in straight lines and on
uniform grades, and whenever a change of direction shall be
required it shall be effected by curving gently.
Sec. 462. Same—stoppage of.
In case of any stoppage in the main or lateral sewers, the city
shall remove the obstruction. If the stoppage occurs in the house
sewer or drain, the property owner, whose property it connects
with the main sewer, shall remove the obstruction.
Sec. 463. Violations of the provisions of this chapter—
penalty, etc.
Any person, firm or corporation violating any provision of
this chapter shall be fined not less than $1 nor more than $10 for
each offense.
Sec. 464. Sewer connection board.
The chairman of the Water and Sewers Committee, the chairman
of the Street Committee and the president of the Board of
Health shall constitute the Sewer Connection Board, whose duty
and power it shall be to order, after making proper examination,
the owner or owners of any property within the city, to connect
closets, urinals, bath or kitchen of said property with the public
sewer; and from its decision there shall be no appeal. Any person
or persons failing to comply with the order of the board to
connect his or their property with the sewer shall be fined $1
per day for every day that he or they shall fail to make said
connection after the time specified in the order of the board;
unless he or they can give a satisfactory reason for the delay.
CHAPTER XXVII.
PLUMBING.
Sec. 465. Inspector of plumbing.
The Superintendent of Water and Sewers shall be the Inspector
of Plumbing, and as such shall sign and issue all notices
and certificates; keep a daily record of his work, including all
notices and applications received, violations of these regulations
and all other matters pertaining thereto.
Sec. 466. Inspection of work.
He shall inspect all houses in course of erection, alterations,
or repair, as often as may be necessary, and shall see that all the
plumbing, drainage and sewerage work is done in accordance with
the provisions of these regulations. When the drain, soil, waste
and vent pipes are run in the building, they shall be left uncovered,
and the plumber shall report the same at once to the Superintendent
of Water and Sewers for inspection, and again
when the fixtures are placed in position and the work completed.
Sec. 467. Approval or condemnation.
Upon the written notification by the plumber, the Superintendent
shall inspect and pass upon the work; and all inspections
shall be made within twenty-four hours after such notification.
He shall promptly condemn and order the removal of all defective
material, or any work done as to plumbing for drainage or
sewerage work. Upon a complete and satisfactory inspection of
any work he shall grant a certificate of approval
Sec. 468. Plumber's permit.
No plumber shall be allowed to make a connection with any
drain, soil, waste or vent pipe, or any pipe connected therewith,
nor shall he make an addition or alteration (except in case of
repairs the amount not exceeding $5) in the sanitary arrangement
of any house without first having received a written permit
from the Superintendent to do so. And it shall be the duty
permits issued.
Sec. 469. Inspection of roughing in.
No soil, drain, vent or supply pipe shall be covered or concealed
from view whether in old or new house (except such as
are exempt as repairs), until the work has been tested, examined
and approved by the Superintendent. The plumber shall notify
the Superintendent in writing when work is ready for inspection,
and the whole system of plumbing shall be prepared for the
Superintendent to make proper and thorough test of same by the
plumber filling all soil, drain, waste and vent pipes with water to
the highest point.
Sec. 470. House drains.
House drains from a point three feet outside to two feet
above roof or highest opening shall be of a grade known in
commerce as medium cast iron pipes, not less than four inches
in diameter. When laid in trenches they shall have a minimum
fall of one-fourth of an inch to the foot, and when above ground
shall be supported by strong iron hangers.
Sec. 471. Fittings allowed.
Sanitary "T's" may be used in all vertical lines of soil and
waste pipe where fixtures are close enough to permit use of
same but no crosses shall be used, except by special permission.
Also in horizontal runs when used in upright and directly under
fixtures. Changes of direction must be made with "Y" and one-eighth
bend or combination "Y" and one-eighth bend with suitable
cleanouts. The use of cast iron offsets to offset up to six
inches and cast in one piece, when used in vertical lines, is also
permitted.
Sec. 472. Drains.
The plumbing and drainage system of every building shall be
separately connected with public sewer at property lines. The
connection of more than one building to the same sewer will not
be allowed.
Sec. 473. Terra cotta pipe.
The terra cotta pipe, from where it joins cast pipe, to public
proper size for service required.
Sec. 474. Connection of soil pipe and fixtures.
All connections between soil pipe and fixtures located within a
house or building, shall be made with a lead bend, or ferrule with
a heavy brass calking ferrule, or a heavy combination ferrule of
approved pattern wiped in and calked, or calked into branch as
case requires. All drain or soil pipes laid beneath any cellar
floor shall be extra heavy cast iron pipe with leaded or calked
joints, or anti-rust wrought iron pipe with screwed joints.
Sec. 475. Vent pipes, regulations.
All vent pipes when not vertical must have a continuous fall
to avoid trapping of condensation. Vent pipes from closets,
sinks, bathtubs, basins, urinals and wash trays shall be either
lead, cast iron, or galvanized, wrought iron pipe with proper
fittings.
Sec. 476. Back venting water closets.
All water closets placed in buildings must be back vented except
such as hereafter specified. All earthenware closets must be
back vented below the floor, and as near flange or closet as possible,
and not to be more than four inches from flange, except
in cases where it is absolutely necessary. No horizontal vent line
longer than two feet shall be allowed beneath the floor adjacent
to the trap, except by special permission of the Superintendent.
Sec. 477. Replacing old fixtures with new.
When new fixtures are introduced on old work where no back
venting is used, it will be compulsory on the part of the owner
to back vent same or change the waste pipe to conform to this
ordinance, but in all cases where bathtubs are changed only copper,
steel or porcelain or porcelain lined tubs, will be allowed, and
in changing closets only syphon closets with tank will be allowed.
All tubs must be at least three inches above the floor.
Sec. 478. Location of traps.
All traps must be placed above floors in accessible locations
when practicable, and no traps shall be placed at the foot of a
be placed beneath floors or where they are not accessible. On
repair or old work in lieu of back vent pipe a non-syphoning trap
when connected with a wash basin, sink, bath, urinal or wash
tray, which is not more than twelve feet from a main, will be
permitted.
Sec. 479. Size of waste and vent pipes.
Waste pipes must be either cast iron or lead and of the following
sizes:
For closets, four inches.
Slop sinks, three inches.
Wash trays, two inches.
Sinks, basins, urinals, etc., not less than one and one-half
inches.
Back vents to be one and one-half and two inches and of either
galvanized, wrought, cast iron or lead.
Sec. 480. Waste pipe from refrigerator.
Waste pipe from refrigerator or other receptacles in which
provisions are stored, shall not be connected directly with the
drainage system, but shall be arranged to waste in an open tray
or pan in plain sight before the refrigerator. In special cases
where drainage is absolutely necessary, the waste pipe from
refrigerator may be discharged over a properly trapped and
water supplied sink provided for that purpose, as directed by
Superintendent.
Sec. 481. Supply pipes.
All water pipes within any building, through premises to curb
line, at which point it shall be connected with service pipe furnished
by city, must be of the best grade of galvanized iron or
lead. If lead, it must not be lighter than "A," or strong. No
water pipes placed in ground shall be smaller than one-half of
an inch inside diameter, and not less than eighteen inches in
depth, and must not be laid in same ditch with sewer pipe.
Sec. 482. Stop and waste cocks.
There shall be placed inside of property lines a cut off or
property cock. Outside of basement walls or immediately therein
the entire system, with separate cocks to drain each fixture or
group of fixtures. In supply to each closet tank shall be placed
a stop cock with stuffing box. All cut off and drain cocks to be
of good approved pattern.
Sec. 483. Closets prohibited.
No pan or direct water supply closets of any kind to be used,
and when any such closet is taken out, it shall in every case
be replaced with a tank closet, and shall be vented to conform
with these rules in every respect.
Sec. 484. Kinds of closets permitted.
No water closet shall be placed within a house except earthenware,
enameled iron, or iron enameled inside with rolled rim.
Syphon jet, or syphon action closet where no fixtures are above
it, and when located within ten feet of stack, will not be required
to be back vented. Closets in yard when placed within twenty
feet of a house to be vented with not less than a two inch pipe.
Sec. 485. Vent pipes.
All vent pipes when practicable must be connected to main
soil pipe stack, so that as few pipes as possible shall pass through
the roof. A single trap shall be allowed for the use of a two or
three part wash tray or wash basin. Where three or more water
closets discharge immediately into a horizontal branch and
thence into a vertical soil line carried through as a vent, the Superintendent
may authorize the omission of the separate trap
vents, and the substitution therefor of an extension or branch line
not less than three inches in diameter, and to be reconnected
to the main vent or carried through the roof independently. In
no case shall the waste from any other fixture connect with the
water closet trap.
Sec. 486. Closet vents.
Traps of water closets shall be back vented with not less than
two-inch pipe. And no earthenware water closet shall have vent
connection to bowl, but in every case to be taken from bend under
floor and as near trap as possible.
Sec. 487. Vent pipe terminals.
All vent pipe terminals when within twenty feet of window or
other opening must be carried two feet above same.
Sec. 488. Traps to kitchen sinks.
To every kitchen sink, there shall be attached a grease trap,
constructed of metal, with hand hole, or built of brick outside
of the kitchen with movable top.
Sec. 489. Sinks and tubs.
All wash sinks or bathtubs must have an air space under same
of at least three inches.
Sec. 490. Arrangement of traps.
Traps must be so arranged that in no case will the waste from
a fixture pass through more than one trap before entering the
house drain. All traps must be well supported and set true with
respect to their water level. All traps must have a water seal of
at least one and one-half inches in depth. All traps except water
closet traps must have brass trap screws.
Sec. 491. Lead bends and traps.
All lead pipes, bends and traps must be drawn and of not less
than the following weights per lineal foot:
| Size. | Weight. |
| 1¼ inches | 2½ lbs. for flush pipe only. |
| 1½ inches | 3½ lbs. |
| 2 inches | 5 lbs. |
| 3 inches | 6 lbs. |
| 4 inches | 8 lbs. |
Lead grease traps must be made of sheet lead weighing not less
than six pounds to the square foot.
Sec. 492. Traps to fixtures.
The traps of all fixtures, except otherwise specified, must be
protected from syphonage and their waste ventilated by special
line of iron vent pipe not less than two inches inside diameter.
The short branches from these lines to each trap shall be two
inches inside diameter for three and four inch traps and one and
kind to be smaller than one and one-half inches inside diameter
for any fixture. Branch vents from all traps must be connected
above the outlet of any and all fixtures in the group in such a
manner as to prevent the waste water flowing through the vent
pipes should the waste or soil pipes become obstructed. Four-inch
drum traps, with suitable covers above floor, to be used under
all bathtubs except as otherwise specified.
Sec. 493. Solder nipples.
All solder nipples must be of good heavy cast brass, full size
and to be approved by the Superintendent before using.
Sec. 494. Testing of plumbing system.
The entire plumbing and drainage system within and to a point
three feet outside and away from the house or building must be
tested by the plumber in the presence of the Superintendent under
a water test as directed, proving the work tight under such test
to the satisfaction of the Superintendent. The said test must be
so applied to include all drains, soil, waste, vent and their short
branches: all calked and wiped joints, including ferrules and
cleanouts, so that as far as possible nothing but wiped joints and
flange joints will be made after the test. The water test will be
applied by closing the lower openings, and filling the pipes with
water to the level of highest opening above roof, and all openings
must be kept closed at all times by temporary plugs to keep out
sand, mortar, etc. The above test applies also to yard fixtures.
Water must remain in pipes at least two hours before test is made.
Sec. 495. Openings not in use.
When openings are not in use they must be capped or plugged
with cast iron or brass cap or plug made for that purpose, and
no cap or plug shall be put in with cement, or any easily removable
substance, but in every case to be leaded and calked.
Sec. 496. Steam exhausts, etc.
No steam exhaust, blow off or drip pipe from a steam boiler
shall connect directly with the sewer, or with any soil, drain,
waste, or vent pipe.
Sec. 497. Certain sinks not necessary to vent.
Sinks for work boards, for soda fountains, and barrooms will
not be required to be vented, but shall be well trapped.
Sec. 498. Bath traps.
Where two bathtubs are located within five feet from center to
center of waste, the use of one drum trap to trap both fixtures
will be permitted, provided each tub drains separately into a
trap through a one and one-half inch waste pipe. The waste
from trap to soil stack to be two inches. Where the owner prefers,
a non-syphoning trap for wash stand, bathtub or pantry sink
may be used above floor. Trap to be approved by the Superintendent.
Sec. 499. Permits unlawful.
It shall be unlawful for any plumber to take out a permit for
a person not in his employ. Any plumber taking a job started by
another must be in every case responsible for the entire work.
Sec. 500. Appeal.
Any difference of opinion caused by the interpretation of these
rules between Superintendent and master plumber, appeals from
Superintendent's decision or other complaints against the Superintendent
shall be referred to the Water and Sewer Committee,
whose decision shall be final.
Sec. 501. Penalties.
Any person violating any provision of this ordinance, or any of
the requirements made of him by the Superintendent, under the
powers of this ordinance, shall be liable to a fine of not less than
$2 nor more than $10. Every day of failure to conform to such
provisions or requirements, after having been so fined, shall be
a separate offense.
CHAPTER XXVIII.
GAS AND LIGHT.
Sec. 502. General control and government—by committee.
The Standing Committee of the Council on gas and light shall
have control and general government of the city's gas plant, and
the lighting of the city, and shall authorize the employment of
such help as may be necessary to carry on the work of the department,
and to regulate their wages, authorize the purchase of
coal and other supplies in accordance with § 12 of the ordinances.
They shall prescribe what mains and service pipe shall be laid and
what extensions and repairs are to be made.
Sec. 503. Annual reports—when and how made.
The committee shall at the regular meeting of the Council
in each year submit a report and account for the preceding
fiscal year showing the following:
a. The amount expended in construction, extensions, improvements,
and renewals.
b. The amount expended for coal and other materials entering
into the production of gas.
c. The amount expended for salaries, labor, and commissions
to Treasurer.
d. Amount of current expenses—such as general repairs, insurance,
and interest at 4 per centum per annum on the value of
the plant, and for depreciation on the value of the plant at such
rate as may hereafter be fixed by the Council as fair and equitable.
e. Amount received from sales of gas and other products and
articles, each separately and from all sources. Value of gas used
for municipal purposes, and also value of gas for free consumption;
such value being based on the net price then ruling.
f. The net gain or loss for the year, and impart to the Council
any information in relation to the works which they may
deem important.
Sec. 504. Election of superintendent, assistant, salary,
etc.
There shall be elected by the Council at the time and in the
manner prescribed for the election of other officers by the Council
a Superintendent, and an Assistant Superintendent for the
Gas and Light Department, whose terms of office shall be for two
years (except in cases of vacancy), and until their successors
are elected and qualified, unless sooner removed for cause, as
provided for in the ordinances. Before entering upon the duties
of their offices, they shall give bond payable to the city of Charlottesville,
with approved security conditioned according to law
for the faithful performance of their duties, in amounts specified
in section 44. For services rendered they shall be paid in
monthly installments, such salary as may be fixed by the Council.
Sec. 505. Superintendent—to pass examination.
No person shall be eligible to the office of Superintendent
until he shall have been certified to as having proper technical
knowledge and experience as a competent and practical gas
manufacturer, after an examination by a board of three experienced
manufacturers of gas to be designated by the Committee
on Gas and Light, the president of the Council and the
Mayor. The expense of this board of examiners shall be paid
by the city and any person having passed such examination and
having served thereafter as Superintendent of Gas of this city,
shall be eligible for re-election without further examination.
Sec. 506. Assistant superintendent to have two years'
experience, etc.
No person shall be eligible to the office of Assistant Superintendent
without having had at least two years' experience in the
manufacturing of gas, and shall further pass an examination
to be given by the Superintendent as to his knowledge and
fitness for the position.
Sec. 507. Superintendent—his duties and powers.
The Superintendent, subject to the control of the committee,
shall have general charge of all grounds, buildings, fixtures and
pipes connected with the Gas Department. He shall carefully
and in proper operation, and the gas furnished of as good quality
as practicable, with promptness and regularity, at the city
buildings and to all persons entitled to its use under the provisions
hereinafter contained.
Sec. 508. Superintendent—employment and control of
help.
Subject to the consent of the committee, the Superintendent
may employ such help for carrying on the work of this department,
in all of its details, in an economical and satisfactory
manner, and over all such employees he shall have absolute
control. He shall pay his employees such wages as are usual and
necessary in the opinion of the committee, but the pay of no employee
shall at any time be increased by the committee in an
amount exceeding one hundred dollars per annum without first
obtaining authority therefor from the City Council in due form.
Sec. 509. Pay rolls.
The Superintendent shall cause to be kept accurately the time
of each employee in his department, and make up all pay rolls
therefrom weekly, giving their names, kind of work performed,
rate per day, and amount due each, made out so as to show what
is chargeable to current expenses, and what to construction in
its several branches. After first having such pay rolls approved
by the chairman of the committee, he shall deliver them to the
Treasurer, who shall pay to each employee whatever may be due
him according to said pay roll.
Sec. 510. Superintendent to make purchases, etc.
Subject to the control of the committee, and in accordance
with the rules of the Council governing purchases for the city,
the Superintendent may purchase such materials, tools and other
articles at such times and in such quantities as may be necessary.
Sec. 511. Bills—how approved and paid.
All bills for supplies, or other articles shall be paid monthly,
unless otherwise agreed, by warrant of the Auditor drawn on
the Treasurer of the city; but before any bills are paid they
by the chairman of the committee.
Sec. 512. Superintendent to keep books of record,
monthly report.
He shall each day enter, or cause to be entered, in a book
provided for that purpose, the quantity of coal and other materials
used in making gas, and shall keep strict account of the
gas passing into the gasometer and out of the gasometer into the
mains. At the end of each month he shall make a report to the
committee, showing the quantity of coal and other materials
used in making gas, the quantity of gas made, the quantity passing
into the mains, and the quantity sold, as ascertained by taking
a statement of all the meters, and thus be able to show the
loss sustained by evaporation, condensation and leakage. Also
of coal purchased and carbonized, amount of gas, coke and
tar produced, sold, consumed or used. He shall also cause to
be kept in a neat and accurate manner, all necessary books
showing in detail all disbursements, properly classified under
proper heads for coal and other materials, salaries, labor, and
other current expenses, also for construction in its several
branches, and all official papers and records from which the
committee and Council may at any time receive a clear and intelligent
idea of its management.
Sec. 513. Superintendent—quarterly and annual reports.
He shall render to the committee for the use of the council
a quarterly report showing, the quantity of coal purchased, and
carbonized during the quarter, the quantity on hand at beginning
and end of quarter, amount of gas, coke and tar produced,
sold, consumed or used, and amount on hand at beginning and
end of quarter, to enable the committee and council to ascertain
as accurately as possible the percentage of coke necessary for
firing the benches and the percentage of coke and tar to be
accounted for by sale, and the unaccounted-for gas. The said Superintendent
shall also make such reports to the Auditor of the
city, and do such other things prescribed in the chapter of the
ordinances defining the duties of said Auditor and Superintendent
The Superintendent shall annually on the first day of each fiscal
year, or as soon thereafter as possible, submit to the committee for
the use of the Council a summary of his quarterly reports of the
manufacturing operation of the plant, also a report of the expenditures
for the year; said report or account shall be made
out so as to show the current expenses, properly classified, and
for construction in its several branches, together with such
recommendation for the improvement of the property and
service as may appear to him expedient and necessary. He
shall also file with his annual report an inventory of all materials,
tools, etc., on hand, stating their condition and value.
He shall furthermore furnish all other statements, reports or
estimates that may be called for at any time by the Council or
Committee on Gas and Light.
Sec. 514. Map of mains.
The Superintendent shall keep in his office a map showing
the location of the gas mains, their course, length and size of
each of them, and when there is an extension of the mains,
shall, after the work is done, report said extension or change
to the city engineer who shall properly mark same on said
map. He shall also keep a book in his office, in which shall be
entered a list of all the gas mains, giving their location, size
and length, and as far as practicable, the date on which the
different pipes were laid.
Sec. 515. Record of curb cocks and meters in use.
He shall also keep a book showing the location and size of
curbstone stop cocks, the size and character of service pipe,
and as far as practicable, the date on which it was put in and
the name of the plumber who did the work. Also a list of gas
meters in use, showing number stamped on each, size and manufacturer's
name.
Sec. 516. Tenants to give one day's notice of intention
to move.
The tenant of any premises shall give one day's notice when
about to remove, that gas may be stopped or he shall remain liable
given. All gas passing through meters will be charged for,
whether used or wasted, even though the house or premises
may not be occupied.
Sec. 517. Connections for non-residents.
The Superintendent is hereby authorized and empowered to
furnish non-residents with gas without submitting same to the
Council when the petitioner shall have signed the form of agreement
usually required of non-resident gas takers, and which is as
follows:
FORM OF AGREEMENT.
We the undersigned patrons of the Gas Department of the
City of Charlottesville, Va., residing outside of the limits of
said city, in consideration of being allowed to become patrons
of that department, do hereby agree and bind ourselves to conform
and be subject to all the laws, rules, ordinances, regulations
and penalties now in force or which may be hereafter
adopted in and by said city in regard to plumbing, use of
gas, damage to pipes, interference with or damage to gas
meters, pipes, etc., that the Council may adopt with reference
to furnishing gas to patrons residing inside of the city limits;
and we further agree that the Council of said city reserves to
itself the right to discontinue supplying gas to the undersigned
at any time hereafter upon ninety days' notice to us of its intention
so to do, and upon such discontinuance we shall make
no complaint and have no claim for damages for such discontinuance
or for any other matter growing out of our patronage
of the Gas Department hereunder.
Sec. 518. Gas to be supplied by meters.
Gas will be supplied by meter, but should the meter be found
defective, they will be immediately changed, and in case of their
ceasing to register the quantity of gas consumed, will be estimated
by the average of a correct meter, or by the amount charged
during a previous corresponding period at the discretion of the
committee, and the committee may require payment in advance,
or security for payment, to protect the city against loss.
Sec. 519. Prepayment meters.
Prepayment meters may be installed by the Superintendent
whenever in his opinion it is to the interest of the city to do so.
Sec. 520. Idle meters.
Any idle meter may be removed at the discretion of the Superintendent,
but no such meter shall remain connected with the
service pipes for a longer period than twelve months.
Sec. 521. Reading of meters.
The Superintendent shall cause to be taken from all meters
and kept in a book for that purpose, a record of the quantity
of gas consumed every month, and make out monthly against
all private consumers, bills due the city for gas, and turn over
the same to the Auditor to be checked up by him in time to be
in the hands of the Treasurer for collection not later than the
first day of each month. And from meters used by the city's
several departments, and by free consumers the amount of gas
consumed at least every three months, and keep a record of
same in a book for that purpose.
Sec. 522. Price of gas.
The price of gas shall be $1.25 for each thousand cubic feet
consumed. This charge is, however, subject to a discount of
ten per cent. if paid on or before the 10th day of the month in
which the bill is presented, but in the event of the 10th day of the
month falling on Sunday, the usual discount shall be allowed
on all bills paid on the day following.
Sec. 523. Collection of delinquent bills.
It shall be the duty of the Treasurer to furnish to the Superintendent
a list of all delinquent bills immediately at the close
of the discount period, who shall within 5 days cut off the connection
of each delinquent, and in no case shall he again turn
on the connection until notified by the Treasurer that the delinquent
bill has been paid. For any failure on the part of the
Treasurer to so notify the Superintendent he shall be held personally
responsible for the bill. The Treasurer is hereby required
to use due diligence in collecting all delinquent bills, and,
after a reasonable time, if he is unable to collect said bills he
for collection.
Sec. 524. Deposit may be required.
The Superintendent may, whenever he deems it expedient,
require security for the payment of gas likely to be consumed
or the deposit of a sum in advance sufficient to secure the city
against loss. He may also have the right to cut off the service
pipe, if he finds it necessary to do so, in order to protect the
works against abuse or fraud.
Sec. 525. Interference with or removal of meters or
fixtures.
No person or firm except an officer or agent authorized by
the city shall at any time remove or undertake to repair or in
way interfere with any gas meter or fixtures connected therewith
under a penalty of not less than $2 nor more than $10
for each offense.
Sec. 526. Expense of repairs, etc., to be borne by consumers.
All repairs or replacement of meters caused by the carelessness,
neglect or interference of gas consumers, shall be made
by the city at the expense of the gas taker or landlord.
Sec. 527. Meters to be kept in good repair.
The Superintendent shall have the gas meters kept in order,
and have all repairs made to same as far as practicable. He
shall not be required to remove and test meters or substitute
new meters, at the demand of gas takers unless he has good
reason to believe such meters to be inaccurate.
Sec. 528. Complaints against gas bills.
Complaint against the gas bill shall not be taken as a proper
excuse for complainant not paying said bill when due or exempt
him from the imposition of penalties for failure to pay
his bill at the proper time.
Sec. 529. Loss of gas at fires to be protected.
It shall be the duty of the Superintendent himself, and such
other men as may be employed about the works whom he may
fire or other cause there in danger of loss of gas by burning or
waste, with a stop cock key and pliers to shut off the gas,
remove meters, or do anything else proper for the safety of the
property belonging to the city, connected with the gas works.
Sec. 530. Examination of meters and fixtures.
The Superintendent shall at all times be in readiness to examine
gas apparatus and premises of subscribers free of charge
on receiving one day's notice.
Sec. 531. Sale of coke.
No coke shall be sold, delivered, or shipped by the Superintendent,
or any of his subordinates to any one without a written
order from the City Treasurer, stating that he has received
payment for the quantity called for in said order. Such orders
shall be charged against the Treasurer in a book kept for that
purpose, stating the date, quantity and amount of such order.
At the end of each month the Superintendent shall have said
orders checked up on his coke book by the Auditor and if
found correct, said orders shall be delivered to the Auditor
and by him checked against the books of the Treasurer.
Sec. 532. Sale and shipments of tar.
Same rule as to sale of tar at the works, as prescribed for
sale of coke in the foregoing section, shall apply; but, for all
shipments of tar from the city, a statement of quantity and
price at which it has been sold must be delivered by the Superintendent
to the Auditor as soon as the shipment has been made
and by him billed to the party to whom shipped, said bill to be
marked "Remittance to be made and payable to the Treasurer of
the City of Charlottesville." The amount of such bill to be
charged to the Treasurer by the Auditor.
Sec. 533. Assistant superintendent—his duties and
powers.
In the performance of his duties as such, he shall be subject
to the general supervision and control of the Superintendent
and Committee on Gas and Light. He shall perform such work
as properly pertains to the position as may be required of him
by said Superintendent or Committee.
Sec. 534. Same—to act as superintendent in his absence.
In the absence of the Superintendent by disability or otherwise,
he shall have charge of the gas works, the employees
under him, and perform the duties of the Superintendent and
during such period, shall follow the general practices in its
management as were pursued by the Superintendent, and the
provisions of these ordinances. He shall make no change or
discharge any employee without the approval of the Committee.
Sec. 535. Gas inspector.
The Superintendent of Gas and Light shall be Gas Inspector,
and his decision with reference to all gas fittings, fixtures, etc.,
shall be final.
Sec. 536. Connections for gas fitters.
No connections from main pipes for gas fitters to work from
will be made by the city for any persons who are not practical
gas fitters, and in whom the Superintendent does not have confidence
as men of experience and reliability, and repeated failure
as gas fitters to comply with the requirement of the laws
and regulations of the city will be sufficient reason to refuse
to make connections for them to work from the street mains.
Sec. 537. Gas fitters not to allow use of name by
others.
No gas fitter shall allow his name to be used by any other
person or firm for the purpose of doing any work in connection
with this department under his permit, neither shall any gas
fitter loan to gas takers or others, any key for turning on or
off gas, except in urgent cases when damage is being done by
broken pipes or fixtures, under a penalty of not less than $2
nor more than $10 for each offense.
Sec. 538. Gas connections to be made by city.
All gas connections from gas mains to the buildings including
the setting of all meters and repairs in the street shall be
done by the Gas Department at the expense of same.
Sec. 539. Repairs to services to be made at expense of
city.
All repairs to pipes and fixtures in the streets, from main to
meter, shall be done by the city at its own expense, and no person,
except an employee of the city, shall under any circumstances
be allowed to open a street or in any way interfere with
the gas pipes in the street. A violation of this section shall
subject the offender to a fine of not less than $2 nor more
than $20.
Sec. 540. Curbstone stop cock boxes.
A cast iron stop cock box of a style approved by the Superintendent,
not exceeding two and one-half inches in diameter,
shall be placed over the curbstone stop cock, extending from the
service pipe to the surface of the sidewalk, for turning off or on
the stop. Such box shall have a close fitting iron top, having the
word gas thereon, which shall be securely fastened in the box
and protected against being filled up or obstructed.
Sec. 541. Injury to meters and fixtures.
Any person who shall deface or injure any house meter, or
other fixture connected with the gas works, shall for each offense
forfeit and pay not less than $5 nor more than $20,
to be recovered by warrant with cost.
Sec. 542. Unauthorized additions to pipes and fixtures
and the introduction of gas therein.
Any person or persons who shall open a communication into
the street gas main or other gas pipe of the gas works without
authority, or who shall let on the gas after it has been stopped,
by order of the Department, for repairs or any other purpose, or
who shall put up any pipes or burners, in addition to the pipes or
burners put up and inspected, or introduce gas into them without
authority as aforesaid, shall be subject to a penalty of not
less than $5 nor more than $20 for each offense.
Sec. 543. Permit to disconnect or open for alterations
or repairs.
After the admission of gas into the fittings, they must not be
a written permit from the Superintendent, which may be obtained
at the office of the Gas Department free of expense. Any
plumber, gas fitter or other person who shall violate this regulation
shall be subject to a penalty of not less than $5 nor more
than $20 for each and every offense.
Sec. 544. Permit for piping houses.
Any gas fitter desiring to pipe a house shall, before beginning
work on same, submit to the Superintendent a plan showing the
location and size of pipe to be used; if such plan is in accordance
with the rules of the department, the Superintendent will issue
a permit therefor, and the gas fitter will be allowed to proceed with
his work. Any gas fitter failing to comply with this requirement
shall be fined not less than $5 nor more than $20.
Sec. 545. Test of work to be made when completed.
When the gas fitter completes his work, he shall notify the
Superintendent, who will make a test of all the pipes, and if the
same is completed in a satisfactory manner, will issue a certificate
to that effect. All instruments, material and labor for making
this test shall be furnished by the gas fitter.
Sec. 546. Sizes and length of tubing and number of
burners.
The relative sizes and length of tubing and the proportions of
meters introduced for consumers shall be according to the following
table:
| SIZE OF TUBING. |
GREATEST LENGTH ALLOWED. |
GREATEST NUMBER OF BURNERS. |
| ⅜ inch | 20 feet | 3 burners |
| ½ inch | 30 feet | 6 burners |
| ⅝ inch | 40 feet | 12 burners |
| ¾ inch | 50 feet | 20 burners |
| 1 inch | 70 feet | 35 burners |
| 1 ¼ inch | 100 feet | 60 burners |
| 1 ½ inch | 150 feet | 100 burners |
| 2 inch | 200 feet | 200 burners |
Sec. 547. Right of access to premises.
The authorized agent of the Department shall have the right
of free access into 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, or for the removal of the meter and
service pipe.
Sec. 548. Turning on or using gas without authority.
If any person not acting under the authority of the Superintendent
shall turn on gas in any premises whatsoever, or if any
person shall take, receive, or use said gas without authority from
the department, he shall pay a fine of not less than $5 nor more
than $20 for each offense.
Sec. 549. Obstructions.
If any person shall place any building material, rubbish, or
other matter on the stop cock of the street main, or service pipe,
or obstruct any fixture connected with the Gas Department, or
remove or injure any pipe or open same so as to waste the gas,
he shall be fined not less than $5 nor more than $20 for each
offense.
Sec. 550. Further rules and regulations—by committee.
The committee may make from time to time such further rules
and regulations for furnishing gas to private consumers as they
may deem proper, same to take effect when approved by the
Council.
Sec. 551. Free gas.
In every case in which it may be deemed expedient to grant the
free use of gas, the Council shall specify the amount to be contributed
and an appropriation made annually to cover same, and
any gas used in excess of said appropriation shall be charged for
and collected from the institution or person using such free gas,
at such price as is charged private consumers.
Sec. 552. Superintendent to deliver all books and papers
to successor.
When the term of office of the Superintendent expires, his
official books and papers shall be delivered by him to his successor,
or disposed of in such manner as the Council or committee
may direct.
CHAPTER XXIX.
PLUMBERS AND GAS FITTERS.
Sec. 553. Board of examiners.
The Superintendent of Water and Sewers and of Gas shall
constitute a Board of Examiners, who shall examine all applicants
as may apply to test their fitness to practice the trades of
plumbing and gas fitting in connection with the Water and Sewers
and the Gas Departments of the city. Said examination shall
be held during the first week of February in each year, and at
such other times as may be necessary. The Superintendent of
Water and Sewers shall examine such applicants as to their fitness
as practical plumbers for said department, and the Superintendent
of Gas shall examine such applicants as to their fitness to do practical
gas fitting. The Superintendent of Water and Sewers
shall be the chairman of the Board and all records of said Board
shall be filed. After passing a satisfactory examination said applicant
or applicants shall be granted a certificate by the Board
setting forth that he is a practical plumber and gas fitter, and is
entitled to be licensed as such. Such certificate shall bear the
signatures of both members of the Board.
Sec. 554. Examination of plumbers and gas fitters.
Any plumber or gas fitter wishing to do business in connection
with the city water works, sewers and gas works shall, during
the first week in February of each year, apply in person to the
Board of Examiners, as set forth in the foregoing section, and
stand an examination on practical and scientific plumbing and
gas fitting, and deposit with the chairman of the Board a fee of
$1, said fee to be turned into the city treasury and credited to the
Water and Sewers Department. Said applicants shall not only
be subject to and conform to all and singular, the laws, rules and
regulations and penalties which now exist, or may be hereafter
passed by the Council, but shall enter into a bond with security
satisfactory to the Mayor in a penalty of $500, to indemnify
and save harmless the city and its citizens, from all accidents,
reason of his failure to comply with its laws, rules and regulations
which are now and may hereafter be passed by the City
Council, or from neglect or carelessness in his work; such bond
shall be renewed annually and put into the hands of the City
Auditor, on or before the first day of May of each year.
Sec. 555. Commissioner of revenue to issue license,
when, etc.
The Commissioner of the Revenue shall not issue a license to
any one to engage in the business of plumbing and gas fitting
until he has received notice from the Board stating that said
applicant has complied with all the requirements of the foregoing
section, nor shall the Commissioner renew such license until the
bond required in said section shall have been filed with the Auditor.
No person, who is not a practical plumber or gas fitter
and cannot pass satisfactorily such an examination as may be
prescribed by the Board, shall be permitted to practice the trades
of plumbing and gas fitting in connection with the city water,
sewer and Gas Departments, except as "helpers."
CHAPTER XXX.
FIRE DEPARTMENT.
Sec. 556. Fire department—control and supervision.
The Fire Department of the City of Charlottesville shall be
under the control of the Committee on Fire Department of the
City Council, subject only to the supervision of the Council. All
drivers, enginemen or other persons in the employ of the Fire Department
shall be appointed by the Committee on Fire Department,
and such appointments, together with the salaries to be paid, shall
be reported to the Council for confirmation. Such persons or employees
shall hold their positions for one year, or until severally
removed by the committee. The said committee shall, subject to
the provisions of these ordinances, have full power to provide
supplies, tools, implements, and apparatus of any and all kinds incident
to or to be used in the control, prevention and extinguishing
of fires; and to buy, sell, construct and repair and have the care
of the same, and to take any and all such action in the premises as
it may deem to be reasonably necessary and proper.
Sec. 557. Fire company.
The Fire Department of the city shall be composed of a volunteer
organization known as the "Charlottesville Fire Company."
Such company so organized shall be under the direction and control
of an officer to be styled the Chief of the Fire Department and
one assistant chief. The election of chief and assistant together
with such other officers as said company may deem necessary shall
be held at its regular meeting in August of each year, or as soon
thereafter as practicable, and their term of office shall commence
on the first day of September next following. The names of the
officers thus chosen by said company shall be presented to the
Council at its next regular meeting for confirmation. In case the
Council refuses to confirm said chief and other officers, said company
shall forthwith elect other persons in place of those whom the
Council refused to confirm, and submit their names to the Council
report the names of persons to fill the positions of chief and assistant
of the fire company, as provided above, the Council shall
appoint such officers, and they shall hold their respective positions
and be subject to the regulations herein prescribed.
Sec. 558. Chief—his duty and powers.
The chief, or in his absence, the assistant chief, shall have control
over all members of the fire company while in service at fires
and may for insubordination thereat, suspend any member from
service for such period as he may deem proper with the privilege of
appeal to the company at its next regular meeting. Said chief and
assistant and the police officers of the city, shall exclude from, and
prevent the interference of all persons at buildings and grounds
adjacent thereto, during a fire and no person shall have the
right to enter within the ropes surrounding such fires, except
owners of property thereat, or such other persons as may obtain
permission of the chief or his assistant. Said officers shall have
authority to take into custody all persons persisting in any interference
with the work of the fire company; and upon conviction,
any person so offending shall be fined not less than $5. It
shall be the duty of the chief, or whoever shall act as such, to
keep a record of all fires, their place and time of occurrence,
and shall ascertain, if possible, the cause of such fire, the amount
of insurance, if any, and the actual loss; and said record shall at
all times be kept open for the inspection of members of the Council.
Said chief shall deliver to his successor in office said records
pertaining to the Fire Department, which may be in his control.
Sec. 559. Eligibility and oath of chief and assistant.
No person shall be eligible to the office of chief who shall not
have been an active member of the Fire Department for five years.
No person shall be eligible to the office of assistant chief who shall
not have been an active member of the Fire Department for at
least three years. The Chief of the Fire Department and the
assistant chief shall, before entering upon the discharge of their
duties as such, take an oath as prescribed for all other officers, to
faithfully perform the duties of the office to which they have been
elected.
Sec. 560. Foreman of fire house, his duties, etc.
The Committee on Fire Department of the Council shall designate
one of the employees at the fire house as foreman in charge of
the fire house, whose duty shall be to see that the sundry apparatus
is kept in good condition and ready at all times to respond to a
call; to see that the horses are kept in good condition and are
properly cared for at and after the return 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
fire house and apparatus in good condition.
Sec. 561. Duty of chief in connection with explosives.
It shall be the duty of the Chief of the Fire Department to
familiarize himself with the premises where high explosives are
sold and stored and to see that the ordinances under "Public
Safety" governing storing of explosives are properly carried out.
Sec. 562. Right of way in going to fire.
In the event of an alarm of fire, the apparatus of the Fire Department
in going to a fire shall have the right of way in and upon
the streets, lanes, alleys, squares and railroad crossings. No person
shall obstruct or neglect to make way for such apparatus, under
a penalty of not more than $20 for each offense.
Sec. 563. Streets occupied by department at work.
It shall be unlawful, without the authority of the officer in command,
for any person or persons to drive a vehicle or ride through
the streets in which the Fire Department assembles for the purpose
of extinguishing a fire. Any person or persons violating this
ordinance, shall, upon conviction, be fined not less than $2 nor
more than $10 for each offense.
Sec. 564. Obstruction of access to fire plugs.
Any person or persons who shall place or cause to be placed
around or near any fire plugs of the city any goods or other thing
in such manner as to obstruct the free access to said plugs, shall
be subject to a fine of not less than $2 nor more than $10.
Sec. 565. Fire hose on the street.
Whenever any hose of the Fire Department is laid upon any
car or other vehicle to pass over the same. The owner or driver
of any wagon, cart, street railroad car or other vehicle who shall
drive or cause the same to be driven over said hose, shall, upon
conviction, be fined not less than $10 nor more than $100; but
nothing in this section shall be so construed as to prevent street
railroad cars from crossing said hose, when laid across their track
or tracks, provided they use a truck or jumper, so as not to injure
the hose of the Fire Department.
Sec. 566. Monthly report.
The chief, through the Fire Committee, shall submit to the
Council at its regular meeting in each month a report of the number
of fires occurring during the previous month, and any other
facts he may deem necessary.
Sec. 567. Annual report and inventory.
The chief, through the Fire Committee, shall submit to the
Council at its regular meeting in September of each year, a report
showing the number of fires occurring during the previous year,
the general condition of the department together with an inventory
of all apparatus, horses, etc., stating condition and estimated value,
and such other information as he may deem proper, or as the
Council may from time to time require.
CHAPTER XXXI.
PUBLIC SCHOOL TRUSTEES.
Sec. 568. Board of school trustees—election and term.
The School Board of the city of Charlottesville shall be composed
of twelve members, three from each of the four wards of
the city, whose terms of office shall be for three years; one member
to be elected from each ward at the regular meeting of the
Council in September of each year, and their terms of office shall
begin immediately upon qualification and continue until their successors
shall have been elected and qualified. If, for any reason,
the Council should not elect at the regular meeting in September,
as above provided, said election, when held, shall be for the unexpired
term.
Sec. 569. Same—duties.
The Board of School Trustees shall have the care, management
and control of the public school property of the city, as provided
by the laws of the State.
Sec. 570. Same—report.
It shall be the duty of the Clerk of the Board of School Trustees
annually, on or before the 15th day of August of each year, to
submit to the Council a written report, containing an itemized account
of their expenditures for the past school year and an itemized
estimate of their necessary expenses and probable receipts,
exclusive of Council appropriations, for the succeeding school
year; but no appropriation for the support or maintenance of the
public free schools in the city shall be made by the Council, until
the Board of School Trustees shall have complied with the requirements
of this section.
CHAPTER XXXII.
THE POOR-COMMITTEE AND OVERSEER OF POOR.
Sec. 571. Committee on poor.
The Committee on Poor shall have the general 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. The committee
shall have power to remand such cases to the county poor house
as they may deem proper.
Sec. 572. Overseer of the poor—his election, term and
compensation.
The Council shall elect a qualified citizen of the city to the office
of Overseer of the Poor, whose term of office shall be for two
years, unless sooner removed for cause, or elected to fill a vacancy,
and shall receive such compensation as may be fixed by the Council.
Sec. 573. Same—duties.
It shall be the duty of the Overseer of the Poor, on the 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, but 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.
Sec. 574. Non-resident paupers coming into the city.
When it shall come to the knowledge of the Overseer of the
Poor 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 Mayor for removal to the district or county where they were
last settled.
Sec. 575. Aid to destitute non-residents.
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 or herself, he or she may be aided from the poor
fund until recovery, or in a condition to provide for themselves.
But the overseer with the concurrence of the committee 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 overseer with the consent of the committee may send such
persons to their homes, and the expense of so doing shall be paid
out of the poor fund.
Sec. 576. Quarterly reports.
The overseer shall each quarter make a report to the Council,
setting forth the number provided for during the preceding quarter,
how many were white and how many were colored, the name
of each, and for what length of time and where each was provided
for or assisted, together with the total amount expended for the
quarter.
Sec. 577. Burial of paupers.
Any person dying in the city may be buried at the expense of
the poor fund, upon an order from the Overseer of the Poor, when,
in the opinion of the said overseer, the estate of the deceased is
not sufficient to pay the expenses of said burial. Said burial shall
in all cases be in the pauper section of the cemetery.
CHAPTER XXXIII.
ANIMALS IN CITY.
Sec. 578. Dangerous animals—unlawful to permit to be
at large.
No person shall suffer any animal belonging to him, or under
his control, and known to be dangerous or mischievous, to go at
large in the city. Any one violating this section shall be fined
not less than $2 nor more than $5, and each day such animal shall
go at large shall be considered a separate offense. If the owner
of such animal shall fail to take it into his custody, after being
notified so to do, the said animal shall be killed by any policeman
who may deem it necessary for the safety of persons in the street.
Sec. 579. Domestic animals—unlawful to permit to be at
large.
No person shall permit a horse, mule, cow or hog to go at large
in the city. Any one violating this section shall be fined not less
than $1 nor more than $5 for each offense, and the horse, mule,
cow or hog shall be impounded until redeemed, and if not redeemed
within five days after advertisement has been made in one
of the city papers, it may be sold and the proceeds, after deducting
the amount of the fine and costs of arrest, keeping and advertising,
shall be held by the treasurer for the benefit of the
owner; but no such animal shall be advertised until it has been
impounded forty-eight hours.
Sec. 580. Hogs—unlawful to keep in city, exception, etc.
It shall be unlawful for any person to keep any live hog within
the corporate limits of the city, except for immediate shipment or
slaughter. Nor shall hogs be kept in pens or small enclosures
within one-quarter of a mile of the corporate limits, except from
November 1 to March 31, and then only by permit from the city
Board of Health. Any person violating this section shall be fined
not less than $1 nor more than $5 for each day such violation
continues.
Sec. 581. Sheep—unlawful to keep in city.
No sheep shall be kept in the city limits except for immediate
shipment or slaughter, but in no event shall they be kept in the
city for a longer period than twenty-four hours. Any one violating
this section shall be fined not less than $1 nor more than $5
for each day such violation continues.
Sec. 582. Dogs—how licensed, disposition of, etc.
No one shall keep a dog in the city without a license to do so.
Every keeper, custodian or owner of a dog, puppy or bitch in
this city shall apply to the Treasurer for a license to keep such
dog, puppy or bitch on or before the first day of May in each
year, and shall pay therefor such sum as may be fixed in the annual
license ordinance. The Treasurer shall provide at the expense
of the city and furnish without cost to all residents of the
city who shall apply therefor and pay said license, a metallic
medal or tag which shall be valid only for the current license
year. The Treasurer shall keep a record of all persons to whom
licenses have been issued under this section. Any person violating
this section by keeping an unlicensed dog, puppy or bitch in
the city shall pay a fine not exceeding $5 and in addition the dog,
puppy or bitch may be impounded until redeemed by the payment
of the license tax hereby imposed and $1 additional for arresting
and impounding, and if not redeemed within five days
after such impounding, such dog, puppy or bitch shall be put to
death, and removed and interred beyond the limits of the corporation.
The police shall report to the Police Justice any person
refusing or evading the payment of the license as required under
this section and a warrant shall be issued against such person, and
upon conviction he shall be fined in accordance with this section.
This ordinance shall not apply to persons visiting the city with a
dog provided the dog does not remain over ten days.
Any person who shall allow his dog or dogs to continuously
bark or howl to the annoyance of his neighbor, and who shall,
after being notified of the same by the police or neighbor, refuse
to keep him quiet, shall be subject to a fine of not less than $5
and be required to remove the offending dog from the city.
Sec. 583. Bitches in heat.
No person shall permit any bitch in heat to go at large in the
of the neighborhood. The owner of any bitch violating the provisions
of this section shall be fined not less than $5 nor more than
$10, and the 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 the fine.
Sec. 584. Hydrophobia—dogs to be confined or muzzled.
If at any time the Mayor has cause to apprehend the existence
of hydrophobia 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 lots 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 Police Justice to show cause why they shall not be fined
for noncompliance with this ordinance. The fine shall be not less
than fifty cents, nor more than $5 for each offense. If the
owner 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 Police Justice 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 said
justice, the fine not to exceed $5 in any case. No policeman shall
shoot any unmuzzled dog found at large, in the street, unless
necessary to protect the public from a dangerous dog.
Sec. 585. Animals—cruelty to—penalty, etc.
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
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.
Any one convicted of violating this ordinance shall be
fined not less than $5 nor more than $50 for each offense.
Sec. 586. Birds—unlawful to kill.
Any one who shall kill any sparrow, martin, wren, or other
bird, shall be fined $1 for each offense. But this section shall
not apply to domestic pigeons when killed by the owner, or to
English sparrows.
Sec. 587. Carcasses—to be carried beyond city limits.
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. Any one violating this section shall be
fined $10.
Sec. 588. Carcasses of dead animals and other offensive
things.
If any person shall place, or cause to be placed, in or on any
street, alley, sidewalk or lot within the city limits the carcass of
any animal, or any other thing or matter offensive to any citizens,
or to the public, or shall suffer any such nuisance to remain on
any such lot owned or held by him, he shall be fined not less than
$1 for every twenty-four hours such nuisance or offensive matter
may remain.
Sec. 589. 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. Any person
violating this section shall be fined not less than $5.
Sec. 590. Animals—when dead from infectious diseases
—how disposed of.
When any cow, horse or other animal shall die of a contagious
the Chief of Police and he shall at once cause said animal to be
buried in some suitable place at least four feet deep; and all
expense of said burial shall be borne by the owner, and may be
collected of him as fines are collected, should he refuse to pay the
same. Any one violating this section shall be fined $10.
Sec. 591. Exhibiting stallion or jack.
If any person shall exhibit any stallion or jack, otherwise than
in harness or under saddle, within the corporate limits, he shall
be fined not less than $5 and not more than $10 for each offense.
CHAPTER XXXIV.
RAILWAYS AND STREET RAILWAYS.
Sec. 592. Speed of cars.
No locomotive engine, car or train of cars or other vehicle on
any railroad track, electric motor, car, train of cars or other
vehicle on any street railway track within the city limits shall be
moved or propelled along or over any such railroad or street railroad
track at a greater rate of speed than ten miles per hour.
No motor, car, train of cars or other vehicle running on any
street railroad track within the city limits shall be moved or propelled
past the point of entrance into the one on which the street
railroad is situated, or where any street crosses the said street
railroad, or where any crossing for pedestrians crosses such
tracks, whether at the end of a block on the street or not, at a
greater rate of speed than five miles per hour. Any corporation
or person violating any provisions of this section shall be fined
not less than $2.50 nor more than $100 for each offense.
Sec. 593. Placing obstructions on tracks.
No person shall wilfully place a stone or other obstruction upon
tracks of any steam or street railway company with intent to obstruct,
impede, or otherwise interfere with the operation of such
railroad. Any person violating this section shall be fined not less
than $5 nor more than $100.
Sec. 594. Locomotives—shall not sound whistles in city.
No locomotive engine whistle shall be sounded in the city
limits, except to give appropriate signals or warning to prevent
accident. Any person having charge of such engine shall be
fined not less than $2 nor more than $10 for each offense.
Sec. 595. Locomotives—ringing of bell.
Every locomotive engine used upon any railroad in this city
shall be provided with a bell which shall be rung continuously
while such engine is approaching or passing over any crossing
locomotive, who shall violate the provisions of this section shall
be fined not less than $2 nor more than $5.
Sec. 596. Steam railroads—flagmen.
Every steam railroad company, whose tracks are located within
the city, shall station at such points along the line of said tracks
as have been or may hereafter be designated by the Council, a
sufficient number of flagmen, who shall be provided with flags
in the day time, and lanterns at night, and whose duty it shall be
to prevent accidents by giving due notice of the approach and
passing of trains and locomotives. Any railroad company failing
to comply with this section shall pay a fine of not less than $10
nor more than $50 for each day such default shall continue; and
should any flagman, through absence from his station, or otherwise,
fail to properly discharge his duties on the approach or passing
of any train or locomotive, the railroad company owning or
controlling such locomotive shall pay a fine of $5 for each offense.
Sec. 597. Flagmen—to be appointed special policemen.
It shall be the duty of the Mayor of the city to appoint and
empower as special policemen, without salary from the city, all
persons employed as flagmen, whose names shall be furnished to
the Mayor by the company so employing them. But such police
authority shall terminate whenever said persons cease to be employed
as flagmen, or at any other time that the Mayor may
deem it proper to revoke said authority.
Sec. 598. Locomotives—riding or driving in front of, etc.
It shall be unlawful to ride or drive in front of any moving
train or locomotive within less than fifty feet; or to ride or
drive within the guard gates at any railroad crossing while the
said gates are down or being lowered; nor shall any person except
an employee of the railway company get on or off a train in motion.
For a violation of any provision of this section the penalty
shall not be less than $2 nor more than $10.
Sec. 599. Loitering or trespassing upon tracks or platform.
It shall be unlawful for any person to play or loiter about or
depots, or about the 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 fined not less than $1 nor more than $5;
provided, however, that nothing herein contained shall be construed
as to interfere with persons who are traveling, or with
friends meeting or accompanying such persons.
Sec. 600. Street railway—shall not be impeded.
No person shall obstruct or impede the running of the street
cars. The driver of any vehicle met or overtaken by any street
car shall turn off from the track as soon as notified so to do by
the bell or gong of the said street car, provided such vehicle is
not over thirty yards from such car. Any one violating this
section shall be fined $5.
Sec. 601. Same—motormen to warn drivers, etc.
The motorman on every electric car run in the city shall give
ample notice of the approach of the car upon which he is serving,
to the drivers of other vehicles and pedestrians upon the track
in front of him, by sounding the gong or bell upon said car;
every such motorman shall further distinctly sound such gong
or bell at least one hundred feet from any street which his car is
to cross, and shall continue to so sound it from that point until
said car has crossed said street. For every violation of this section,
the fine of $2 shall be imposed upon said motorman and a
further fine of $5 upon the corporation or individual owning and
running said car.
Sec. 602. Same—fire alarm.
When a fire alarm is sounded, all street cars on the track shall
be quickly moved to some point sufficiently distant from street
corners to prevent danger of collision with the fire apparatus, and
shall there be held until said fire apparatus has passed, provided
that the delay shall not exceed five minutes.
Sec. 603. Same—brakes and fenders.
The cars used on street railways shall be provided with proper
of such car shall be fined $25 for each offense.
Sec. 604. Same—cars to be numbered.
Each street car running upon the road shall be numbered, and
its number conspicuously painted upon each side or end thereof.
For a breach of this section, the owner shall be fined $5 for each
day it continues.
Sec. 605. Motormen and conductors to be special police.
All motormen and conductors of street cars, for the purpose
of enforcing order, peace and good behavior upon their respective
cars, are hereby constituted and appointed special policemen, and
for that purpose are endowed with all the powers and are held
to the same responsibilities as other policemen of the city, and
shall qualify in same manner as other policemen.
Sec. 606. Spitting on street cars—smoking.
No person shall spit on the floor, seats, or any part of any street
car operated in this city, nor shall any person smoke on any such
car or the side platforms thereof. Any person violating this section
shall be fined $2 for each offense.
Sec. 607. Unlawful to jump on or off moving cars.
It shall be unlawful for any person, not an employee of the
company, to attempt to get on a street car or in any way hang on
the sides thereof, for the purpose of riding without paying; or
for a minor under fifteen years of age to jump on or off cars
while in motion. For a violation of this section, the penalty shall
not be less than $1 nor more than $5; and when the person so
offending is under fifteen years of age the said fine shall be assessed
against and paid by his parent or guardian.
Sec. 608. Riding on running boards or steps on sides of
summer cars on street railway prohibited.
It shall be unlawful to permit any passenger to ride on the
running boards or steps on the sides of summer cars on any
street railway. For every violation of this section, the company
guilty of the misdemeanor shall be fined not less than $5.
CHAPTER XXXV.
FINES.
Sec. 609. Use and collection of fines.
All fines imposed under any 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 or Constable of the city and returnable in fifteen
days before the Police Justice. The officer levying shall sell the
article levied on, for cash, before the City Hall after three days
notice posted at the City Hall door.
Sec. 610. Failure to pay fine—imprisonment.
Any one against whom a fine is adjudged may be confined in
jail by the order of the Police Justice, or other magistrate imposing
the same, until such fine is paid; provided, that no term
of imprisonment for the non-payment of a fine shall exceed three
months.
Sec. 611. Fines—how paid to informer.
Although § 294 of these ordinances allows the informer in
certain cases to receive one-half of the cash fines collected, the
whole thereof shall go to the city, unless the informer makes
written claim to the Police Justice for such part of the fine at the
time the warrant or process is issued against the accused.
Sec. 612. Fines—when not provided for—how imposed.
In any of these ordinances where no specific penalty is stated,
any person or corporation violating the same shall be fined not
less than $1 nor more than $20 for each offense.
CHAPTER XXXVI.
REPEAL AND ENACTMENT OF ORDINANCES.
Sec. 613. Repeal and enactment of ordinances.
All the provisions of the preceding chapters shall be in force
from the 1st day of September, 1909, and all ordinances of a
general nature in force at that time, are hereby repealed from and
after the 1st day of September, 1909, with such limitations as
are herein expressed.
Such repeal shall not affect any offense or act committed or
done, or any penalty or forfeiture incurred, or any contract or
right established, or any prosecution or proceeding pending on
that day, except that proceedings thereafter had shall conform as
far as practicable to the provisions of these ordinances. Nor
shall such repeal affect or pertain to any tax, law or ordinance
now in force, or any right or franchise conferred by any ordinance
or resolution of the Council to any person or corporation. Nor
shall such repeal affect or pertain to the license tax ordinances
approved March 27, 1907, together with such additional license
tax ordinances as have been approved since that date.
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