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The code of the city of Charlottesville, Virginia :

the charter as amended and the general ordinances of the city enacted as a whole June 6th, 1932, in effect July 15th, 1932
  
[title page]
  
TABLE OF CONTENTS

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CODE OF THE GENERAL ORDINANCES OF THE CITY OF CHARLOTTESVILLE
collapse sectionI. 
CHAPTER I.
 1. 
Sec. 1. The council—term and compensation.
 2. 
Sec. 2. Oath of office—when taken.
 3. 
Sec. 3. Time of meeting for organization.
 4. 
Sec. 4. Elections by council.
 5. 
Sec. 5. Election of president—vice-president, duties of.
 6. 
Sec. 6. Regular meetings—how special meetings may be called.
 7. 
Sec. 7. Meetings—special—executive session.
 8. 
Sec. 8. Quorum—reconsideration of votes.
 9. 
Sec. 9. Absence of quorum—how quorum secured.
 10. 
Sec. 10. Punishment of members.
 11. 
Sec. 11. Vacancies—office of mayor or councilmen, how filled.
 12. 
Sec. 12. Disqualification of members for certain offices.
 13. 
Sec. 13. Committees.
 14. 
Sec. 14. Finance committee—duties and powers.
 15. 
Sec. 15. Rules and procedure.
 16. 
Sec. 16. Ordinances and resolutions.
 17. 
Sec. 17. Annual budget and levy.
 18. 
Sec. 18. Ordinances appropriating money, imposing taxes, etc., vote necessary—when carried over.
 19. 
Sec. 19. Additional expenditures beyond annual budget.
 20. 
Sec. 20. Annual, quarterly and special appropriations.
 21. 
Sec. 21. Ordinances appropriating money for outside highways.
 22. 
Sec. 22. Granting aid to various associations.
 23. 
Sec. 23. Disposition of public property and franchises.
 24. 
Sec. 24. Members failing to vote—disqualifications for voting.
 25. 
Sec. 25. Witnesses before council and committees— how attendance secured.
 26. 
Sec. 26. Council—additional powers, duties and responsibilities.
 27. 
Sec. 27. Rules of order of the council.
collapse sectionII. 
CHAPTER II.
 28. 
Sec. 28. Clerk of the council—election—term—duties.
 29. 
Sec. 29. Clerk of the council—ordinance book.
 30. 
Sec. 30. Clerk of the council—shall furnish papers to.
 31. 
Sec. 31. Clerk of the council—docket of petitions, etc.
 32. 
Sec. 32. Clerk of the council—numbering ordinances.
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CHAPTER III.
 33. 
Sec. 33. Corporate seal.
 34. 
Sec. 34. Custodian of seal.
collapse sectionIV. 
CHAPTER IV.
 35. 
Sec. 35. Officers—how elected—their terms of service, etc.
 36. 
Sec. 36. Officers—salaries to be fixed by council.
 37. 
Sec. 37. Officers—appointment of substitute during inability to serve.
 38. 
Sec. 38. Officers—removal of for malfeasance, etc.
 39. 
Sec. 39. Officers—pay of suspended officers.
 40. 
Sec. 40. Officers—absence from city, vacation, etc.
 41. 
Sec. 41. Officers—official bonds.
 42. 
Sec. 42. Officers—salaries to be fixed by the council.
 43. 
Sec. 43. Officers—general power and authority.
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CHAPTER V.
 44. 
Sec. 44. Mayor—general duties and powers.
 45. 
Sec. 45. Mayor—suspension or removal of subordinate officers.
 46. 
Sec. 46. Mayor—supervisory duty.
 47. 
Sec. 47. Mayor—to prohibit certain theatrical performances.
 48. 
Sec. 48. Mayor—removal from office.
 49. 
Sec. 49. Mayor—vacancies, temporary and permanent.
 50. 
Sec. 50. Mayor—power to appoint special police.
collapse sectionVI. 
CHAPTER VI.
 51. 
Sec. 51. City manager—term of office, etc.
 52. 
Sec. 52. City manager—duties.
 53. 
Sec. 53. City manager—quarterly estimate.
 54. 
Sec. 54. City manager—custody of city property.
 55. 
Sec. 55. City manager—maps of streets, water, sewer and gas lines.
 56. 
Sec. 56. City manager—inspection of telephone, telegraph and other poles.
collapse sectionVII. 
CHAPTER VII.
 57. 
Sec. 57. City attorney—election—qualification.
 58. 
Sec. 58. City attorney—duties.
 59. 
Sec. 59. City attorney—duties.
 60. 
Sec. 60. City attorney—salary.
collapse sectionVIII. 
CHAPTER VIII.
 61. 
Sec. 61. City collector—election and compensation.
 62. 
Sec. 62. City collector—duties.
collapse sectionIX. 
CHAPTER IX.
 63. 
Sec. 63. City purchasing agent—term of office.
 64. 
Sec. 64. City purchasing agent—duties.
 65. 
Sec. 65. City purchasing agent—requisitions for supplies—how approved.
 66. 
Sec. 66. City purchasing agent—available appropriation necessary—competition.
 67. 
Sec. 67. City purchasing agent—sales of material and personal property.
 68. 
Sec. 68. City purchasing agent—city contracts—how signed.
 69. 
Sec. 69. City purchasing agent—further duties.
collapse sectionX. 
CHAPTER X.
 70. 
Sec. 70. Auditor—his election—term—salary.
 71. 
Sec. 71. Auditor—general duties.
 72. 
Sec. 72. Auditor—his books, accounts, etc.
 73. 
Sec. 73. Auditor—supervision over other officers.
 74. 
Sec. 74. Auditor—quarterly reports.
 75. 
Sec. 75. Auditor—annual report.
 76. 
Sec. 76. Auditor—examination of claims, drawing of warrants, etc.
 77. 
Sec. 77. Auditor—warrants for salaries of city officers.
 78. 
Sec. 78. Auditor—to fix pay day.
 79. 
Sec. 79. Auditor—monthly report of receipts and disbursements.
 80. 
Sec. 80. Auditor—secretary of the sinking fund commission.
 81. 
Sec. 81. Auditor—general duties.
collapse sectionXI. 
CHAPTER XI.
 82. 
Sec. 82. Attorney for the commonwealth.
 83. 
Sec. 83. Attorney for the commonwealth—further duties.
collapse sectionXII. 
CHAPTER XII.
 84. 
Sec. 84. Commissioner of revenue—election—term— duties, etc.
 85. 
Sec. 85. Commissioner of revenue—to begin making assessments January first.
 86. 
Sec. 86. Commissioner of revenue—office—records— duties.
 87. 
Sec. 87. Commissioner of revenue—duties—books, etc. —how furnished.
 88. 
Sec. 88. Commissioner of revenue—assessment when lot subdivided.
 89. 
Sec. 89. Commissioner of revenue—assessment of personal property—returns—penalties.
 90. 
Sec. 90. Commissioner of revenue—preparation, disposition, etc., of land and personal property books.
 91. 
Sec. 91. Commissioner of revenue—assessment of license taxes—issuance of licenses, etc.
 92. 
Sec. 92. Commissioner of revenue—compensation.
collapse sectionXIII. 
CHAPTER XIII.
 93. 
Sec. 93. Treasurer—office and duties.
 94. 
Sec. 94. Treasurer—city to furnish books, stationery, equipment, etc.
 95. 
Sec. 95. Treasurer—to keep record of receipts and disbursements.
 96. 
Sec. 96. Treasurer—disbursements.
 97. 
Sec. 97. Treasurer—inspection of records.
 98. 
Sec. 98. Treasurer—custodian of bonds, notes, etc.
 99. 
Sec. 99. Treasurer—interest bearing deposits—certificates of deposit.
 100. 
Sec. 100. Treasurer—funds of the city.
 101. 
Sec. 101. Treasurer—school funds.
 102. 
Sec. 102. Treasurer—reports.
 103. 
Sec. 103. Treasurer—duties to withhold wages.
 104. 
Sec. 104. Treasurer—duty to collect taxes, etc.
 105. 
Sec. 105. Treasurer—power of levy, distress, etc.
 106. 
Sec. 106. Treasurer—tax tickets.
 107. 
Sec. 107. Treasurer—to mail bills to tax payers.
 108. 
Sec. 108. Treasurer — when to receive taxes — when penalty attaches—to call on each tax payer—when he may distrain.
 109. 
Sec. 109. Treasurer—additional penalty of five per centum to be paid on all taxes after June fifteenth of the year next succeeding that in which they were assessed—interest.
 110. 
Sec. 110. Treasurer—to make out lists of uncollectible taxes and delinquents.
 111. 
Sec. 111. Treasurer—delinquent list to speak as of June fifteenth of each year—form of lists—oath.
 112. 
Sec. 112. Treasurer—delinquent lists to be submitted to the council—advertisement.
 113. 
Sec. 113. Treasurer — list of delinquent lands transmitted to clerk of corporation court—recordation— monthly reports of collections.
 114. 
Sec. 114. Treasurer—to continue to collect delinquent taxes for one year following June fifteenth of year as of which such delinquent lists speak—subsequent collections.
 115. 
Sec. 115. Treasurer—sale of delinquent lands.
 116. 
Sec. 116. Treasurer—false returns by—penalties.
 117. 
Sec. 117. Treasurer—compensation.
collapse sectionXIV. 
CHAPTER XIV.
 118. 
Sec. 118. City sealer—appointment—term—compensation, etc.
 119. 
Sec. 119. City sealer—set of weights and measures— sealed and certified—to be kept.
 120. 
Sec. 120. City sealer—powers and duties.
 121. 
Sec. 121. City sealer—sealing or marking weights and measures to indicate correspondence with standards.
 122. 
Sec. 122. City sealer—condemnation and destruction of incorrect weights and measures—condemnation for repairs.
 123. 
Sec. 123. City sealer—record to be kept and annual and special reports to be made by City sealer.
 124. 
Sec. 124. City sealer—seizure for use as evidence of false or unsealed weights, measures, etc.
 125. 
Sec. 125. City sealer—punishment for hindering.
 126. 
Sec. 126. City sealer—punishments prescribed for certain offenses.
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CHAPTER XV.
 127. 
Sec. 127. Appointment—term—compensation.
 128. 
Sec. 128. Heads of departments and inspectors—their duties.
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CHAPTER XVI.
 129. 
Sec. 129. Sinking fund—commissioners of.
 130. 
Sec. 130. President and secretary.
 131. 
Sec. 131. Treasurer.
 132. 
Sec. 132. Sinking fund.
 133. 
Sec. 133. Sinking fund—purchase of bonds for funds.
 134. 
Sec. 134. Sinking fund—annual report of.
 135. 
Sec. 135. Disbursements—how made.
 136. 
Sec. 136. Bank safety deposit box—who to be present when opened.
collapse sectionXVII. 
CHAPTER XVII.
 137. 
Sec. 137. City deeds, contracts, etc.—how executed.
collapse sectionXVIII. 
CHAPTER XVIII.
 138. 
Sec. 138. Wards—names and boundaries.
 139. 
Sec. 139. Voting places.
 140. 
Sec. 140. Numbering and naming streets.
 141. 
Sec. 141. Houses—how numbered.
 142. 
Sec. 142. House numbers—how established.
 143. 
Sec. 143. Penalty for alteration, removal, etc.
collapse sectionXIX. 
CHAPTER XIX.
 144. 
Sec. 144. Streets and sidewalks—general provisions.
 145. 
Sec. 145. Streets and sidewalks—grading and paving.
 146. 
Sec. 146. Streets and sidewalks—laying sidewalks.
 147. 
Sec. 147. Streets and sidewalks—removing pavements and excavating in streets and alleys.
 148. 
Sec. 148. Streets and sidewalks—exposed water pipes.
 149. 
Sec. 149. Street signs, fire hydrants and monuments.
 150. 
Sec. 150. Encroachments on streets.
 151. 
Sec. 151. Entrances on sidewalks to cellars and area ways prohibited.
 152. 
Sec. 152. Coal and fuel holes in sidewalks.
 153. 
Sec. 153. Cellar, vault and coal hole openings.
 154. 
Sec. 154. Coal.
 155. 
Sec. 155. Areas, cellars, etc.—defective covers.
 156. 
Sec. 156. Drippings from buildings, eaves and gutters.
 157. 
Sec. 157. Drainage from lots, gutters or spouts.
 158. 
Sec. 158. Snow-breaks.
 159. 
Sec. 159. Gates and doors.
 160. 
Sec. 160. Sidewalk crossings and entrances.
 161. 
Sec. 161. Vehicles on pavements.
 162. 
Sec. 162. Trucks, etc., on sidewalks.
 163. 
Sec. 163. Electric signs.
 164. 
Sec. 164. Obstruction of streets.
 165. 
Sec. 165. Shade trees.
 166. 
Sec. 166. Awnings—permit.
 167. 
Sec. 167. Removal of obstructions from the streets, etc.
 168. 
Sec. 168. Barriers—erected when.
 169. 
Sec. 169. Stopping travel on streets, and interfering with barricades.
 170. 
Sec. 170. Sidewalks—earth embankments abutting.
 171. 
Sec. 171. Sidewalks—duty of abutting owners or occupants.
 172. 
Sec. 172. Removal of snow, sleet and ice.
 173. 
Sec. 173. Refuse matter thrown on streets, etc.
 174. 
Sec. 174. Removal of trash, garbage, ashes, etc., by the City.
 175. 
Sec. 175. Hauling earth, garbage, etc., over the streets.
 176. 
Sec. 176. Fruit peels or other slippery articles on the streets.
 177. 
Sec. 177. Spitting on sidewalks, in street cars or public places.
 178. 
Sec. 178. Coasting, snowballing, etc.
 179. 
Sec. 179. Unlawful assemblages in streets or elsewhere.
 180. 
Sec. 180. Loafing and loitering on the streets.
 181. 
Sec. 181. Political processions—parades and flag poles.
 182. 
Sec. 182. Selling or trading or speeding animals in the streets.
 183. 
Sec. 183. Auction sales in streets.
 184. 
Sec. 184. Unattended teams and animals on the streets.
 185. 
Sec. 185. Feeding in the streets.
 186. 
Sec. 186. Backing up wagons to sidewalks.
 187. 
Sec. 187. Excavations—private lots.
 188. 
Sec. 188. Private alleys.
 189. 
Sec. 189. Street drumming.
 190. 
Sec. 190. Barb wire fences.
 191. 
Sec. 191. Hand bills.
 192. 
Sec. 192. Burning trash, etc., in streets—making bon fires.
 193. 
Sec. 193. Shooting fireworks.
 194. 
Sec. 194. Persons occupying or using streets contrary to law.
 195. 
Sec. 195. Repairing or testing machinery in streets.
 196. 
Sec. 196. Open ditches to be reported to the fire department.
 197. 
Sec. 197. Penalty—general.
collapse sectionXX. 
CHAPTER XX.
 198. 
Sec. 198. Civil and police justice—election, term of office, etc.
 199. 
Sec. 199. Civil and police justice—his jurisdiction, powers.
 200. 
Sec. 200. Civil and police justice—terms of court.
 201. 
Sec. 201. Civil and police justice—compensation.
 202. 
Sec. 202. Civil and police justice—fines, costs, and trial fees, etc.—accounting of.
 203. 
Sec. 203. Civil and police justice—use and collection of fines.
 204. 
Sec. 204. Civil and police justice—failure to pay fine— imprisonment.
 205. 
Sec. 205. Substitute civil and police justice.
 206. 
Sec. 206. Court room, office, books, stationery.
 207. 
Sec. 207. Bailiff and clerk of civil and police justice court.
collapse sectionXXI. 
CHAPTER XXI.
 208. 
Sec. 208. Election and term.
 209. 
Sec. 209. Control of the mayor.
 210. 
Sec. 210. Police powers—oath of office.
 211. 
Sec. 211. Appointments to fill vacancies, and special policemen.
 212. 
Sec. 212. Police furlough.
 213. 
Sec. 213. Chief of police—his duties.
 214. 
Sec. 214. Chief—reports.
 215. 
Sec. 215. Furnish information to and co-operate with city manager.
 216. 
Sec. 216. Chief—record.
 217. 
Sec. 217. His absence or sickness.
 218. 
Sec. 218. Chief—other duties.
 219. 
Sec. 219. Bail—power of chief or lieutenant to accept.
 220. 
Sec. 220. Lieutenants of police—their duties.
 221. 
Sec. 221. Lieutenants of police—shall visit beats.
 222. 
Sec. 222. Lieutenants of police—inspection at roll call.
 223. 
Sec. 223. Policemen—duties.
 224. 
Sec. 224. Attendance and obedience of orders.
 225. 
Sec. 225. Absence.
 226. 
Sec. 226. Sleeping on his beat, or other neglect of duty.
 227. 
Sec. 227. Dress on duty, badge, etc.
 228. 
Sec. 228. Presents, fees, etc.
 229. 
Sec. 229. Stolen property, etc.
 230. 
Sec. 230. Vigilance.
 231. 
Sec. 231. Inspection of doors, windows, etc.
 232. 
Sec. 232. Acquaintance with streets, property and persons.
 233. 
Sec. 233. Bad characters.
 234. 
Sec. 234. Conduct towards offenders and prisoners.
 235. 
Sec. 235. Use of intoxicants and entering certain houses.
 236. 
Sec. 236. Deportment on duty.
 237. 
Sec. 237. Vehicles at night.
 238. 
Sec. 238. Shall not leave his beat.
 239. 
Sec. 239. Must give name and number.
 240. 
Sec. 240. Must know rules and regulations.
 241. 
Sec. 241. What they must report.
 242. 
Sec. 242. Duty in plain clothes.
 243. 
Sec. 243. Must call firemen.
 244. 
Sec. 244. Report violation of revenue laws.
 245. 
Sec. 245. Hours of duty.
 246. 
Sec. 246. Police to be uniformed.
 247. 
Sec. 247. Accountable for equipment.
 248. 
Sec. 248. Interest in outside business.
 249. 
Sec. 249. Use of patrol wagon.
 250. 
Sec. 250. Political activities.
collapse sectionXXII. 
CHAPTER XXII.
 251. 
Sec. 251. Judge—appointment, etc.
 252. 
Sec. 252. Salary.
 253. 
Sec. 253. How fines, costs, etc., are accounted for.
collapse sectionXXIII. 
CHAPTER XXIII.
 254. 
Sec. 254. Disorderly conduct.
 255. 
Sec. 255. Public drunkenness.
 256. 
Sec. 256. Dangerous missiles.
 257. 
Sec. 257. Flying kites or playing ball.
 258. 
Sec. 258. Circus exhibitions, etc.
 259. 
Sec. 259. Merry-go-rounds, etc.
 260. 
Sec. 260. Cock fighting.
 261. 
Sec. 261. Prize fights.
 262. 
Sec. 262. Indecent exposure, language and proposal.
 263. 
Sec. 263. Fighting dogs or other animals.
 264. 
Sec. 264. Indecent books, pictures or statuary.
 265. 
Sec. 265. Renting or leasing of property for use as house of ill-fame.
 266. 
Sec. 266. Property used as houses of ill-fame.
 267. 
Sec. 267. Keeping houses of ill-fame.
 268. 
Sec. 268. Persons frequenting houses of ill-fame.
 269. 
Sec. 269. Adultery or fornication.
 270. 
Sec. 270. Lewd persons—street walkers.
 271. 
Sec. 271. Imitating police whistle.
 272. 
Sec. 272. False fire alarm.
 273. 
Sec. 273. Resisting an officer, etc.
 274. 
Sec. 274. Penalty for failure to assist an officer.
 275. 
Sec. 275. Injuring shade trees or other property, or placing signs thereon, etc.
 276. 
Sec. 276. Violation of the Sabbath—how punished.
 277. 
Sec. 277. Disturbing public worship.
 278. 
Sec. 278. Lounging, etc., on church steps, porch.
 279. 
Sec. 279. Disturbing public assemblies.
 280. 
Sec. 280. Annoying or interfering with pupils of female or public schools.
 281. 
Sec. 281. Minors frequenting billiard saloons, pool rooms, etc.
 282. 
Sec. 282. Billiard saloons, pool rooms, miniature golf courses, etc.—regulations concerning.
 283. 
Sec. 283. Minors—sale of dangerous weapons and tobacco to.
 284. 
Sec. 284. Curfew law.
 285. 
Sec. 285. Vagrants—who are vagrants—how dealt with —punishment.
 286. 
Sec. 286. Dance halls—regulation of.
 287. 
Sec. 287. Concealed weapons.
 288. 
Sec. 288. Discharging of firearms.
 289. 
Sec. 289. Abusive or profane language.
 290. 
Sec. 290. Riot, rout, assault and battery.
 291. 
Sec. 291. Disguises in public.
 292. 
Sec. 292. Threatening messages.
 293. 
Sec. 293. Trespass on private or public property.
 294. 
Sec. 294. Petit larceny.
 295. 
Sec. 295. Pulling down fences and leaving gates open.
 296. 
Sec. 296. Gambling houses.
 297. 
Sec. 297. Gaming tables—slot machines, etc.
 298. 
Sec. 298. Craps.
 299. 
Sec. 299. Defacing advertisements.
 300. 
Sec. 300. Protection of hotels and boarding-houses.
 301. 
Sec. 301. Unlawful for the proprietors of restaurants, lunch rooms, cafes, hotels, boarding houses and public eating houses to accept in advance money for food and fail to deliver food or refund money advanced—penalty.
 302. 
Sec. 302. Aeroplane, dirigible, blimp or balloons over city, when prohibited.
 303. 
Sec. 303. Aeroplane, dirigible, blimp or balloon, unlawful to drop advertising matter.
 304. 
Sec. 304. Daily record to be kept by dealers in secondhand articles and list to be furnished daily to the chief of police.
 305. 
Sec. 305. Smoking in theatre or moving picture house prohibited.
 306. 
Sec. 306. Checks drawn by person without sufficient funds or credit.
 307. 
Sec. 307. Protecting female persons in the city.
 308. 
Sec. 308. Betting, wagering and gambling.
 309. 
Sec. 309. Untrue, deceptive or misleading advertising.
collapse sectionXXIV. 
CHAPTER XXIV.
 310. 
Sec. 310. Establishment.
 311. 
Sec. 311. Who liable thereto.
 312. 
Sec. 312. Manager—assistant.
 313. 
Sec. 313. Their duties and authorities.
 314. 
Sec. 314. Rules and regulations.
 315. 
Sec. 315. Prisoners—credit for good conduct—additional allowance.
 316. 
Sec. 316. Prisoners—limitation of confinement for failure to pay fine and costs.
 317. 
Sec. 317. Commitment and release of prisoners.
collapse sectionXXV. 
CHAPTER XXV.
 318. 
Sec. 318. Gunpowder and other explosives.
 319. 
Sec. 319. Gasoline filling stations prohibited.
 320. 
Sec. 320. Gasoline, benzine or naphtha—sale and storage.
 321. 
Sec. 321. Insulation and operation of steam boilers.
collapse sectionXXVI. 
CHAPTER XXVI.
 322. 
Sec. 322. Dangerous animals, unlawful to permit to be at large.
 323. 
Sec. 323. Domestic animals—unlawful to permit to be at large.
 324. 
Sec. 324. Fowls—the straying of fowls.
 325. 
Sec. 325. Limits within which no hogs may be kept— permits to keep hogs outside of limits—revocation of permits.
 326. 
Sec. 326. Sheep—unlawful to keep in City.
 327. 
Sec. 327. Bitches in heat.
 328. 
Sec. 328. Hydrophobia—dogs to be confined or muzzled.
 329. 
Sec. 329. Animals—cruelty to—penalty, etc.
 330. 
Sec. 330. Birds—unlawful to kill.
 331. 
Sec. 331. Carcasses—to be carried beyond city limits.
 332. 
Sec. 332. Carcasses of dead animals and other offensive things.
 333. 
Sec. 333. Animals with contagious or infectious diseases.
 334. 
Sec. 334. Animals—when dead from infectious diseases, how disposed of.
 335. 
Sec. 335. Exhibiting stallion or jack.
collapse sectionXXVII. 
CHAPTER XXVII.
 336. 
Sec. 336. Water—application for—how made—deposit —connecting charge—temporary connection.
 337. 
Sec. 337. Size of connections.
 338. 
Sec. 338. Wrongful connection—penalty for.
 339. 
Sec. 339. Water—fraudulent use—penalty.
 340. 
Sec. 340. Water fixtures—right of inspection.
 341. 
Sec. 341. Unauthorized persons turning on and off water.
 342. 
Sec. 342. Waterworks—reservoirs, etc.—injuries to— penalty.
 343. 
Sec. 343. Steam boilers—use of City water.
 344. 
Sec. 344. Meter rates for water.
 345. 
Sec. 345. Water consumers.
 346. 
Sec. 346. Pipe lines laid by property owners must be approved before City will furnish water through them—maintenance of said pipe lines—City to have right to connect other water users with such lines free of cost to the city or users.
 347. 
Sec. 347. Water—obstruction of meters.
 348. 
Sec. 348. Water—how furnished to non-residents— taps on raw water line.
 349. 
Sec. 349. Violations of provisions of this chapter; penalties.
collapse sectionXXVIII. 
CHAPTER XXVIII.
 350. 
Sec. 350. Gas—application for—how made.
 351. 
Sec. 351. Gas rate.
 352. 
Sec. 352. Deposit by gas consumers—when gas bills are payable—service charge for gas connection.
 353. 
Sec. 353. Interference with or removal of meters or fixtures.
 354. 
Sec. 354. Expense of repairs, etc., to be borne by consumers.
 355. 
Sec. 355. Complaints against gas bills—testing meters.
 356. 
Sec. 356. Loss of gas at fires to be protected.
 357. 
Sec. 357. Examination of meters and fixtures.
 358. 
Sec. 358. Gas connections to be made by City.
 359. 
Sec. 359. Repairs made at expense of City—interference with gas pipes—penalty.
 360. 
Sec. 360. Unauthorized additions to pipes and fixtures and the introduction of gas therein.
 361. 
Sec. 361. Right of access to premises.
 362. 
Sec. 362. Turning on or using gas without authority.
 363. 
Sec. 363. Obstructions.
 364. 
Sec. 364. Pipe lines laid by property owners must be approved before City will furnish gas through them —maintenance of said pipe lines by City—City to have right to connect other gas users with such lines free of cost to the City or users.
collapse sectionXXIX. 
CHAPTER XXIX.
 365. 
Sec. 365. Board of health—its composition, organization, powers, duties, etc.
 366. 
Sec. 366. Health officer—his duties.
 367. 
Sec. 367. Rules and regulations of the board of health— penalty and violation.
 368. 
Sec. 368. Condemnation of wells and springs dangerous to health.
 369. 
Sec. 369. Control of communicable diseases—duty of physicians.
 370. 
Sec. 370. Removal of sick.
 371. 
Sec. 371. Smallpox vaccination.
 372. 
Sec. 372. Nuisances.
 373. 
Sec. 373. Providing for the proper disposal of human excreta, and prescribing construction, maintenance, scavenger, and inspection of privies, etc.
 374. 
Sec. 374. Slaughter houses—permits.
 375. 
Sec. 375. Slaughter houses—physical examination.
 376. 
Sec. 376. Slaughter houses—regulation of.
 377. 
Sec. 377. Stables—care of, keeping, and disposal of manure.
 378. 
Sec. 378. Milk—definitions.
 379. 
Sec. 379. The sale of adulterated or misbranded milk or milk products prohibited.
 380. 
Sec. 380. Milk—sale of—permit.
 381. 
Sec. 381. Milk—labeling and placarding.
 382. 
Sec. 382. Inspection of dairy farms and milk plants for the purpose of grading or regrading.
 383. 
Sec. 383. Testing of milk and milk products.
 384. 
Sec. 384. Grading of milk and cream.
 385. 
Sec. 385. Grades of milk and cream which may be sold.
 386. 
Sec. 386. Milk—supplementary regrading.
 387. 
Sec. 387. Transferring or dipping milk.
 388. 
Sec. 388. Milk and cream from points beyond the inspection of the city.
 389. 
Sec. 389. Spitting in milk room—prohibited.
 390. 
Sec. 390. Delivery of milk—vehicles.
 391. 
Sec. 391. Milk—denaturing misbranded products.
 392. 
Sec. 392. Repasteurization prohibited.
 393. 
Sec. 393. Future dairies and milk plants.
 394. 
Sec. 394. Penalty.
 395. 
Sec. 395. Food establishment—definition.
 396. 
Sec. 396. Food establishments—permits.
 397. 
Sec. 397. "Food establishment," to be kept in a sanitary condition.
 398. 
Sec. 398. Food—protection from flies, dust, dirt, etc.
 399. 
Sec. 399. Food establishments—screens.
 400. 
Sec. 400. Food establishments—utensils, etc.
 401. 
Sec. 401. Food establishments — ventilation, lighting, etc.
 402. 
Sec. 402. Food establishments—ice boxes.
 403. 
Sec. 403. Food establishments—garbage cans.
 404. 
Sec. 404. Food establishments—employees, washing facilities, etc.
 405. 
Sec. 405. Food establishments—toilet facilities.
 406. 
Sec. 406. Food establishments—clothing of employees, expectoration, etc.
 407. 
Sec. 407. Food establishments — infectious diseases and disease carriers.
 408. 
Sec. 408. Food establishments — physical examination of food handlers required.
 409. 
Sec. 409. Food—spoiled, diseased or adulterated food.
 410. 
Sec. 410. Meats, handling of food, etc.
 411. 
Sec. 411. Wrap bread.
 412. 
Sec. 412. Milk served in food establishments.
 413. 
Sec. 413. Ice cream and soft drinks, etc.
 414. 
Sec. 414. Food establishments—inspections.
 415. 
Sec. 415. Food exposed for sale—protection of.
 416. 
Sec. 416. Penalties.
 417. 
Sec. 417. Barber shops—regulations of.
collapse sectionXXX. 
CHAPTER XXX.
 418. 
Sec. 418. Health officer to be local registrar of vital statistics—his duties.
 419. 
Sec. 419. Death certificates.
 420. 
Sec. 420. Burial permit.
 421. 
Sec. 421. Permit for removal of dead bodies beyond city limits.
 422. 
Sec. 422. Retaining or exposing dead bodies.
 423. 
Sec. 423. Death of persons unattended by physician.
 424. 
Sec. 424. Stillborn children.
 425. 
Sec. 425. Physicians and midwives to register.
 426. 
Sec. 426. Report of births—births without attendance of physician or midwife.
 427. 
Sec. 427. Duty of keeper in charge of cemetery.
 428. 
Sec. 428. Forms—permits—certificates.
collapse sectionXXXI. 
CHAPTER XXXI.
 429. 
Sec. 429. Superintendent—appointment.
 430. 
Sec. 430. His powers and duties.
 431. 
Sec. 431. Laying off lots—mapping and selling of same.
 432. 
Sec. 432. Deed to sections.
 433. 
Sec. 433. To whom lots shall be sold.
 434. 
Sec. 434. Burial of paupers.
 435. 
Sec. 435. Charges for keeping sections in order.
 436. 
Sec. 436. Perpetual care of sections.
 437. 
Sec. 437. Fees for digging graves.
 438. 
Sec. 438. Trespass, etc.
 439. 
Sec. 439. Care of graves of war veterans.
 440. 
Sec. 440. Record of burials.
collapse sectionXXXII. 
CHAPTER XXXII.
 441. 
Sec. 441. Fire departments—Control and supervision.
 442. 
Sec. 442. Fire company.
 443. 
Sec. 443. Chief—his duties and powers.
 444. 
Sec. 444. Eligibility and oath of chief and assistant.
 445. 
Sec. 445. Foreman of fire house, his duties, etc.
 446. 
Sec. 446. Duty of chief in connection with explosives.
 447. 
Sec. 447. The fire chief or his designated assistants to make inspection of buildings, premises, streets and alleys, for the purpose of seeing that the laws and ordinances for protection against fires or fire hazards are obeyed, and order abatement of any fire hazard. Penalty for failure to obey such order.
 448. 
Sec. 448. Right of way in going to fire.
 449. 
Sec. 449. Fire apparatus—designation and speed of in going to fire.
 450. 
Sec. 450. Streets occupied by department at work.
 451. 
Sec. 451. Obstruction of access to fire plugs.
 452. 
Sec. 452. Fire hose on the street.
 453. 
Sec. 453. Annual report and inventory.
collapse sectionXXXIII. 
CHAPTER XXXIII.
 454. 
Sec. 454. Library board — election — term of office — powers.
 455. 
Sec. 455. Board and librarian—restrictions—duties.
 456. 
Sec. 456. Protection of the books and other property in the city public library and to punish all who shall wilfully remove the same therefrom or who shall fail to return the same after receiving notice from the librarian.
 457. 
Sec. 457. Reports of librarian.
 458. 
Sec. 458. Audit and inventory—reports.
collapse sectionXXXIV. 
CHAPTER XXXIV.
 459. 
Sec. 459. The school board of the City.
 460. 
Sec. 460. School board—duties.
 461. 
Sec. 461. School board—classified report and estimate.
collapse sectionXXXV. 
CHAPTER XXXV.
 462. 
Sec. 462. Board of public welfare.
 463. 
Sec. 463. Representative to district home board—election—term—compensation.
 464. 
Sec. 464. Superintendent of public welfare—election term and compensation.
 465. 
Sec. 465. Superintendent of public welfare—duties.
 466. 
Sec. 466. Board of public welfare and superintendent of public welfare—restrictions.
 467. 
Sec. 467. Non-resident paupers coming into the City.
 468. 
Sec. 468. Aid to destitute non-residents.
 469. 
Sec. 469. Reports of superintendent of public welfare.
 470. 
Sec. 470. Burial of paupers.
 471. 
Sec. 471. Audit and inventory—reports.
collapse sectionXXXVI. 
CHAPTER XXXVI.
 472. 
Sec. 472. Speed of cars.
 473. 
Sec. 473. Placing obstructions on tracks.
 474. 
Sec. 474. Locomotives—shall not sound whistles in city.
 475. 
Sec. 475. Locomotives—ringing of bell.
 476. 
Sec. 476. Steam railroads—flagmen.
 477. 
Sec. 477. Flagmen—to be appointed special policemen.
 478. 
Sec. 478. Locomotives—riding or driving in front of, etc.
 479. 
Sec. 479. Loitering or trespassing upon tracks or platform.
 480. 
Sec. 480. Street railway—shall not be impeded.
 481. 
Sec. 481. Street railway—motormen to warn drivers, etc.
 482. 
Sec. 482. Street railway—fire alarm.
 483. 
Sec. 483. Street railway—brakes and fenders.
 484. 
Sec. 484. Street railway—cars to be numbered.
 485. 
Sec. 485. Motormen and conductors to be special police.
 486. 
Sec. 486. Spitting on street cars—smoking.
 487. 
Sec. 487. Railroad company obstructing passage on street or anyone standing a vehicle on railroad track —how punished.
collapse sectionXXXVII. 
CHAPTER XXXVII.
 488. 
Sec. 488. Uniform traffic code.
collapse section1. 
TITLE 1.
 489(1). 
Sec. 489(1). Persons under the influence of intoxicating liquor, or narcotic drugs.
 489(2). 
Sec. 489(2). Reckless driving.
 489(3). 
Sec. 489(3). Restrictions as to speed.
 489(4). 
Sec. 489(4). Railroad warning signals must be obeyed.
 489(5). 
Sec. 489(5). Vehicles must slow down at certain steam railway grade crossings.
 489(6). 
Sec. 489(6). Speed limit for motor trucks, regulated according to manufacturer's rated capacity and tire equipment.
 489(7). 
Sec. 489(7). Special speed limitations on bridges.
 489(8). 
Sec. 489(8). When speed limit not applicable.
 489(9). 
Sec. 489(9). Drive on right side of highways.
 489(10). 
Sec. 489(10). Keep to the right in crossing intersections or railroads.
 489(11). 
Sec. 489(11). Meeting of vehicles.
 489(12). 
Sec. 489(12). Overtaking a vehicle.
 489(13). 
Sec. 489(13). Limitations on privilege of overtaking and passing.
 489(14). 
Sec. 489(14). Driver to give way to overtaking vehicle.
 489(15). 
Sec. 489(15). Following too closely.
 489(16). 
Sec. 489(16). Turning around in street.
 489(17). 
Sec. 489(17). Turning at intersection.
 489(18). 
Sec. 489(18). Signals on starting, stopping or turning.
 489(19). 
Sec. 489(19). Right of way.
 489(20). 
Sec. 489(20). Exception to the right of way rules.
 489(21). 
Sec. 489(21). Speed on entering State highway.
 489(22). 
Sec. 489(22). What to do on approach of police or fire department vehicle.
 489(23). 
Sec. 489(23). Passing street cars.
 489(24). 
Sec. 489(24). Driving through safety zone prohibited.
 489(25). 
Sec. 489(25). Stopping on highway.
 489(26). 
Sec. 489(26). Parking in front of fire hydrant, fire station or private driveway.
 489(27). 
Sec. 489(27). Motor vehicles left unattended—brakes to be set and engine stopped.
 489(28). 
Sec. 489(28). Driving on steep grades.
 489(29). 
Sec. 489(29). Coasting prohibited.
 489(30). 
Sec. 489(30). Duty to stop in event of accident.
 489(31). 
Sec. 489(31). Duty to report accident.
 489(32). 
Sec. 489(32). Garage keeper to report damaged vehicles.
 489(33). 
Sec. 489(33). Drivers of state, county and city vehicles subject to provisions of this section.
 489(34). 
Sec. 489(34). Powers of mayor or chief of police.
collapse section2. 
TITLE 2.
 489(35). 
Sec. 489(35). Scope and effect of regulations in this title.
 489(36). 
Sec. 489(36). Size of vehicle and loads.
 489(37). 
Sec. 489(37). Flag or light at end of load.
 489(38). 
Sec. 489(38). Weight of vehicles and loads.
 489(39). 
Sec. 489(39). Officers may weigh vehicle and require removal of excess load.
 489(40). 
Sec. 489(40). Permits for excessive size and weight.
 489(41). 
Sec. 489(41). Mayor and chief of police may decrease weight limits.
 489(42). 
Sec. 489(42). Restrictions as to tire equipment.
 489(43). 
Sec. 489(43). Trailers and towed vehicles.
 489(44). 
Sec. 489(44). Brakes.
 489(45). 
Sec. 489(45). Horns and warning devices.
 489(46). 
Sec. 489(46). Mirrors.
 489(47). 
Sec. 489(47). Windshields on motor vehicles.
 489(48). 
Sec. 489(48). Prevention of noise, smoke, etc.—muffler cutouts regulated.
 489(49). 
Sec. 489(49). Required lighting equipment of vehicles.
 489(50). 
Sec. 489(50). Additional permissible lights on vehicles.
 489(51). 
Sec. 489(51). Requirements as to head lamps.
 489(52). 
Sec. 489(52). Acetylene lights.
 489(53). 
Sec. 489(53). Head lamp specifications, test and approval.
 489(54). 
Sec. 489(54). Head lamp devices must be tested and approved before sale or use.
 489(55). 
Sec. 489(55). Retest of approved head lamp device.
 489(56). 
Sec. 489(56). Lights on parked vehicles.
 489(57). 
Sec. 489(57). Red or green light visible from in front of vehicle prohibited.
 489(58). 
Sec. 489(58). Signal devices.
collapse section3. 
TITLE 3.
 489(59). 
Sec. 489(59). Local traffic signs.
 489(60). 
Sec. 489(60). Other than official signs prohibited.
 489(61). 
Sec. 489(61). Injuring signs.
collapse section4. 
TITLE 4.
 489(62). 
Sec. 489(62). Penalties for Misdemeanor.
 489(63). 
Sec. 489(63). Penalty for reckless driving.
 489(64). 
Sec. 489(64). Penalty for failure to stop in event of accident involving personal injury.
collapse section5. 
TITLE 5.
 489(65). 
Sec. 489(65). Appearance upon arrest.
 489(66). 
Sec. 489(66). Report of convictions to be sent to department.
collapse section6. 
TITLE 6.
 489(67). 
Sec. 489(67). Pedestrians.
collapse section7. 
TITLE 7.
 489(68). 
Sec. 489(68). One way streets.
collapse section8. 
TITLE 8.
 489(69). 
Sec. 489(69). Mayor and chief of police to have general supervision over traffic.
 489(70). 
Sec. 489(70). Permits.
 489(71). 
Sec. 489(71). Uniformity of interpretation.
 489(72). 
Sec. 489(72). Parking on the streets of the city.
 489(73). 
Sec. 489(73). City license number plates to be attached to rear of motor vehicle.
 489(74). 
Sec. 489(74). Motor vehicles operated or used for the transportation of passengers for hire—registration of such vehicles — registration of drivers of such vehicles—bond required—schedule of charges.
collapse sectionXXXVIII. 
CHAPTER XXXVIII.
 490. 
Sec. 490. Manufacture, transportation, sale, etc., of intoxicating liquors.
 490(1). 
Sec. 490(1). Ardent spirits defined.
 490(2). 
Sec. 490(2). Persons defined—commissioner defined.
 490(3). 
Sec. 490(3). Manufacture, transportation, sale, use, etc., of ardent spirits restricted.
 490(4). 
Sec. 490(4). Attempts, accessories, punishment.
 490(5). 
Sec. 490(5). Penalties.
 490(6). 
Sec. 490(6). Penalties.
 490(7). 
Sec. 490(7). Sale, transportation, etc., permitted by law.
 490(8). 
Sec. 490(8). Unlawful to keep, etc., ardent spirits in clubhouse, etc., except in home.
 490(9). 
Sec. 490(9). Possession, sale, etc., of ardent spirits unlawful—possession, etc., in place reputed to be a house of prostitution whether a bona fide home or not, prohibited.
 490(10). 
Sec. 490(10). Devices to evade—how punished.
 490(11). 
Sec. 490(11). Requiring stills to be registered and declaring all unregistered stills contraband—proceeding upon seizure.
 490(12). 
Sec. 490(12). Ardent spirits and containers—contraband—seizure—forfeiture—search warrants—penalty for false complaints.
 490(13). 
Sec. 490(13). Civil and police justice to have original jurisdiction of all cases arising under this section— appeals.
 490(14). 
Sec. 490(14). Appeals—bond required.
 490(15). 
Sec. 490(15). Obstructing or resisting officer in discharge of duty—destroying evidence.
 490(16). 
Sec. 490(16). Trial without jury.
 490(17). 
Sec. 490(17). Ardent spirits, finding of ardent spirits or United States liquor dealer's tax receipt, etc.— prima facie evidence—who to be tried.
 490(18). 
Sec. 490(18). Drinking in public places—assisting or giving information as to securing ardent spirits.
 490(19). 
Sec. 490(19). Drunkenness in public places—penalty.
 490(20). 
Sec. 490(20). Giving ardent spirits to minors, persons of intemperate habits, or addicted to use of narcotic drugs—such persons when found intoxicated may be required to disclose from whom ardent spirits or drugs received—possession by minors—minors acting as agents—penalties.
 490(21). 
Sec. 490(21). Who deemed intoxicated—of intemperate habits.
 490(22). 
Sec. 490(22). Employees of hotels or places of public entertainment assisting guests to obtain ardent spirits—penalty.
 490(23). 
Sec. 490(23). Proprietor of houses of public or private entertainment permitting employees to assist guests to secure ardent spirits—failure to discharge convicted employee—penalty.
 490(24). 
Sec. 490(24). Certain officials charged with the enforcement of this section—fees.
 490(25). 
Sec. 490(25). Search of vehicles in which ardent spirits are being transported—seizure of vehicles, etc.
 490(26). 
Sec. 490(26). Warrants returnable before civil and police justice.
 490(27). 
Sec. 490(27). Certain allegations unnecessary in warrant—what proof sufficient.
 490(28). 
Sec. 490(28). Burden upon accused to prove exception.
 490(29). 
Sec. 490(29). Possession and use of ardent spirits in home—presumption where more than one gallon in home—home defined.
 490(30). 
Sec. 490(30). Encumbering estate to evade any provisions of this section.
 490(31). 
Sec. 490(31). Unlawful to grind or transport malt, etc. —burden of proof.
 490(32). 
Sec. 490(32). Incriminating testimony no excuse for not testifying—prescribing certain rules of evidence —proof of general reputation of defendant for violation of prohibition laws admissible.
 490(33). 
Sec. 490(33). Possession of deadly weapons by persons unlawfully engaged in manufacturing, transporting, or selling ardent spirits.
 490(34). 
Sec. 490(34). When officer may break and enter houses.
collapse sectionXXXIX. 
CHAPTER XXXIX.
 491(1). 
Sec. 491(1). Plumbing installation—general.
 491(2). 
Sec. 491(2). Plumbing inspector — appointment — term—salary.
 491(3). 
Sec. 491(3). Plumbing inspector—duties.
 491(4). 
Sec. 491(4). Registration of plumbers.
 491(5). 
Sec. 491(5). Licenses—bond required.
 491(6). 
Sec. 491(6). Permits—when required—who may do plumbing work.
 491(7). 
Sec. 491(7). Fees for connection and inspection.
 491(8). 
Sec. 491(8). Inspection — required — preparation for, etc.
 491(9). 
Sec. 491(9). Vents.
 491(10). 
Sec. 491(10). Drains.
 491(11). 
Sec. 491(11). Open drains and vent pipes.
 491(12). 
Sec. 491(12). Downspout connections.
 491(13). 
Sec. 491(13). Refrigerator waste and steam exhausts.
 491(14). 
Sec. 491(14). Replacement of old fixtures.
 491(15). 
Sec. 491(15). Kind of closets prohibited.
 491(16). 
Sec. 491(16). Kind of closets permitted.
 491(17). 
Sec. 491(17). Supply pipes.
 491(18). 
Sec. 491(18). Terra cotta pipe.
 491(19). 
Sec. 491(19). Sewer pipes through or under buildings.
 492(1). 
Sec. 492(1). Sewers—how designated.
 492(2). 
Sec. 492(2). Sewer connection—application for—how cost paid—deposit required.
 492(3). 
Sec. 492(3). Sewer connection outside of City—application—how made—contracts—charges.
 492(4). 
Sec. 492(4). Sewers—injury to—or to gas or water pipes.
 492(5). 
Sec. 492(5). Sewers — drainage of injurious matter prohibited.
 492(6). 
Sec. 492(6). Sewerage—stoppage of.
 492(7). 
Sec. 492(7). Sewer lines laid by property owners must be approved before connection with city sewerage system—city to have right to connect other sewers with such lines free of cost to the city or users.
 492(8). 
Sec. 492(8). The plumbing inspector is authorized to enter property or premises for the purpose of inspection.
 492(9). 
Sec. 492(9). Penalties.
collapse sectionXL. 
CHAPTER XL.
 493(1). 
Sec. 493(1). Electrical installations—general.
 493(2). 
Sec. 493(2). City electrician — appointment — term —compensation—bond.
 493(3). 
Sec. 493(3). City electrician—duties.
 493(4). 
Sec. 493(4). License — certificate of registration — bond required.
 493(5). 
Sec. 493(5). Radios—who may install—bond required.
 493(6). 
Sec. 493(6). Permits—when required—who may do electrical work.
 493(7). 
Sec. 493(7). Fees for permits.
 493(8). 
Sec. 493(8). Inspections—required — preparation for, etc.
 493(9). 
Sec. 493(9). Dead wires.
 493(10). 
Sec. 493(10). Poles.
 493(11). 
Sec. 493(11). Electrical construction in streets.
 493(12). 
Sec. 493(12). How city wires located.
 493(13). 
Sec. 493(13). The city electrician is authorized to enter property or premises for purposes of inspection.
 493(14). 
Sec. 493(14). Penalties.
collapse sectionXLI. 
CHAPTER XLI.
 494(1). 
Sec. 494(1). Definition of terms.
 494(2). 
Sec. 494(2). Fire limits—congested fire limits.
 494(3). 
Sec. 494(3). Building inspector — appointment—term —compensation—bond.
 494(4). 
Sec. 494(4). Building inspector—duties.
 494(5). 
Sec. 494(5). Establishment of street lines—plat required.
 494(6). 
Sec. 494(6). Permit—when required—fees.
 494(7). 
Sec. 494(7). Change in structure after permit is issued.
 494(8). 
Sec. 494(8). To what buildings and structures these regulations apply.
 494(9). 
Sec. 494(9). Foundation.
 494(10). 
Sec. 494(10). Walls, cornices, and roof required within the congested fire limits.
 494(11). 
Sec. 494(11). Permissible wooden structures within the congested fire limits.
 494(12). 
Sec. 494(12). Repairing frame building within congested fire limits.
 494(13). 
Sec. 494(13). What buildings required to be fireproof.
 494(14). 
Sec. 494(14). Mill building and factory construction.
 494(15). 
Sec. 494(15). Limits of height and area.
 494(16). 
Sec. 494(16). Walls.
 494(17). 
Sec. 494(17). Concrete construction.
 494(18). 
Sec. 494(18). Steel construction.
 494(19). 
Sec. 494(19). Protection of ends of wooden beams.
 494(20). 
Sec. 494(20). Protection of wall openings.
 494(21). 
Sec. 494(21). Stairway and elevator shafts.
 494(22). 
Sec. 494(22). Skylights over stairway and elevator shafts.
 494(23). 
Sec. 494(23). Fire escapes from buildings of three stories and over.
 494(24). 
Sec. 494(24). Floor lights.
 494(25). 
Sec. 494(25). Roof covering.
 494(26). 
Sec. 494(26). Roof openings.
 494(27). 
Sec. 494(27). Exits required.
 494(28). 
Sec. 494(28). Fire stops.
 494(29). 
Sec. 494(29). Areaways.
 494(30). 
Sec. 494(30). Dwelling houses—prohibited location.
 494(31). 
Sec. 494(31). Frame buildings—construction.
 494(32). 
Sec. 494(32). Light and ventilation.
 494(33). 
Sec. 494(33). Chimneys and fireplaces.
 494(34). 
Sec. 494(34). Wooden beams separated from masonry chimneys.
 494(35). 
Sec. 494(35). Smoke pipes.
 494(36). 
Sec. 494(36). Hot air pipes and registers.
 494(37). 
Sec. 494(37). Dry rooms.
 494(38). 
Sec. 494(38). Stoves and ranges.
 494(39). 
Sec. 494(39). Furnaces and appliances.
 494(40). 
Sec. 494(40). Open flame heating devices.
 494(41). 
Sec. 494(41). Gas connections.
 494(42). 
Sec. 494(42). Vent flues.
 494(43). 
Sec. 494(43). Theatres.
 494(44). 
Sec. 494(44). Safety of design.
 494(45). 
Sec. 494(45). Marquees overhanging streets — construction—use and maintenance.
 494(46). 
Sec. 494(46). Auto repair shops and public garages.
 494(47). 
Sec. 494(47). Condemnation of buildings and structure in dangerous condition.
 494(48). 
Sec. 494(48). Interpretation of this chapter.
 494(49). 
Sec. 494(49). Building inspector authorized to enter property or premises for purposes of inspection.
 494(50). 
Sec. 494(50). Penalties.
 495. 
Sec. 495. Zoning.
 495(1). 
Sec. 495(1). Districts
 495(2). 
Sec. 495(2). Definitions.
 495(3). 
Sec. 495(3). A residence district uses.
 495(4). 
Sec. 495(4). A-1 residence district uses.
 495(5). 
Sec. 495(5). B business district uses.
 495(6). 
Sec. 495(6). B-1 business district uses.
 495(7). 
Sec. 495(7). B-2 business districts.
 495(8). 
Sec. 495(8). C industrial districts.
 495(9). 
Sec. 495(9). Heights of buildings.
 495(10). 
Sec. 495(10). Set back building lines.
 495(11). 
Sec. 495(11). Rear yards.
 495(12). 
Sec. 495(12). Side yards.
 495(13). 
Sec. 495(13). Courts.
 495(14). 
Sec. 495(14). Exceptions and regulations in various districts.
 495(15). 
Sec. 495(15). Accessory buildings.
 495(16). 
Sec. 495(16). Interpretation and purposes.
 495(17). 
Sec. 495(17). General regulations.
 495(18). 
Sec. 495(18). Existing non-conforming uses.
 495(19). 
Sec. 495(19). Enforcement.
 495(20). 
Sec. 495(20). Violations and penalties.
 495(21). 
Sec. 495(21). Effect of invalidity of one subsection.
 495(22). 
Sec. 495(22). Board of zoning appeals.
 495(23). 
Sec. 495(23). Amendment.
collapse section 
Constitutionality of Code.
 496. 
Sec. 496. Effect of portions of this code being declared unconstitutional.
 497. 
Sec. 497. Penalties—general.
collapse sectionXLII. 
CHAPTER XLII.
 498. 
Sec. 498. Repeal of general ordinances in conflict herewith—saving clause.

collapse section 
APPENDIX
collapse section 
Charter of City of Charlottesville
 1. 
Sec. 1. Enactment.
 2. 
Sec. 2. Territory and boundaries.
 2½. 
Sec. 2½. University of Virginia excluded.
 3. 
Sec. 3. Wards.
 4. 
Sec. 4. Municipal authorities; terms of office; form of government; corporate powers vested in council; salaries of councilmen and mayor; city manager.
 5. 
Sec. 5. Officers and clerks elected by council.
 6. 
Sec. 6. Oath and qualification of officers elected by the people.
 7. 
Sec. 7. Vacancy in office of mayor or councilmen; how filled.
 8. 
Sec. 8. President and vice-president of council.
 9. 
Sec. 9. Quorum.
 10. 
Sec. 10. President and vice-president entitled to vote on all questions.
 11. 
Sec. 11. Authority of council in general; meetings; journal of proceedings; general ordinance book; inspection of documents in possession of clerk.
 12. 
Sec. 12. Minutes of council.
 13. 
Sec. 13. General powers of council.
 13½. 
Sec. 13½. Borrowing money in anticipation of taxes; issuing evidences of debt; rate of interest.
 14. 
Sec. 14. Assessments upon abutting landowners.
 15. 
Sec. 15. Enactment of ordinances, etc.; punishment for violation; enjoining violation; use of county jail; appeal to corporation court.
 16. 
Sec. 16. Conservators of the peace.
 17. 
Sec. 17. Budget; levy of taxes.
 18. 
Sec. 18. Persons and property subject to levy.
 18½. 
Sec. 18½. Appropriation for advertising city.
 19. 
Sec. 19. License taxes.
 20. 
Sec. 20. Collection of revenue; custody of city funds.
 21. 
Sec. 21. Reports of treasurer.
 22. 
Sec. 22. Refunding bonds; rate of interest.
 23. 
Sec. 23. Sinking fund.
 24. 
Sec. 24. Loans and bonds therefor.
 25. 
Sec. 25. Sale of public utilities to be approved by voters.
 26. 
Sec. 26. City sergeant.
 27. 
Sec. 27. Authority of officers appointed by council.
 28. 
Sec. 28. Prohibition of immoral shows, etc.
 29. 
Sec. 29. Particular powers and duties of mayor.
 30. 
Sec. 30. Police justice.
 31. 
Sec. 31. Salaries fixed by council.
 32. 
Sec. 32. Stated and special meetings of council.
 33. 
Sec. 33. Granting franchises.
 34. 
Sec. 34. Receipt and disbursement of City moneys by treasurer.
 35. 
Sec. 35. Recovery against treasurer and sureties.
 37. 
Sec. 37. Collection of fines.
 38. 
Sec. 38. Animals running at large.
 39. 
Sec. 39. Taking or damaging private property.
 40. 
Sec. 40. Encroachments upon streets.
 40½. 
Sec. 40½. Filing claim for damages condition precedent to action against City.
 41. 
Sec. 41. Continuance of rights, etc., of City; ordinances, etc.
 42. 
Sec. 42. Corporation court.
 43. 
Sec. 43. Water supply and sewerage system.
 44. 
Sec. 44. Elections.
 45. 
Sec. 45. County property within City limits; arbitration; school property in Charlottesville school district; Miller Manual Labor School.
 46. 
Sec. 46. Board of arbitrators; duties; awards.
 47. 
Sec. 47. Same person may hold county and City office.
 48. 
Sec. 48. When charter effective.
  
GENERAL INDEX
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CHAPTER XXXVIII.

Intoxicating Liquors.

Sec. 490. Manufacture, transportation, sale, etc., of intoxicating
liquors.

Sec. 490(1). Ardent spirits defined.

The words ardent spirits, as used in this section shall be construed
to embrace alcohol, brandy, whiskey, rum, gin, wine, porter,
ale, beer, all malt liquors, all malt beverages, absinthe, and
all compounds or mixtures of any of them, all compounds or mixtures
of any of them with any vegetable or other substance, alcoholic
bitters, bitters containing alcohol, also all liquids, mixtures,
or preparations, whether patented or otherwise, which will produce
intoxication, fruits preserved in ardent spirits, and all beverages
containing more than one-half of one percentum of alcohol
by volume, except as herein provided.

Sec. 490(2). Persons defined—commissioner defined.

The word person as used in this section shall be construed to
embrace all natural persons, firms, corporations, combinations and
associations of every kind; and the word commissioner as used
in this section shall be construed to mean the Attorney General
of Virginia.

Sec. 490(3). Manufacture, transportation, sale, use,
etc., of ardent spirits restricted.

It shall be unlawful for any person in this City to manufacture,
transport, sell, keep or store for sale, offer, advertise, or expose
for sale, give away or dispense, or solicit in any way, or
receive orders for or aid in procuring ardent spirits as hereinafter
provided.

Sec. 490(4). Attempts, accessories, punishment.

It shall be unlawful for any person to attempt to do any of
the things prohibited by this section, and on a warrant for the
violation of any provisions of this section the accused may be
found guilty of an attempt, or of being an accessory, and the

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punishment shall be the same as if the accused were solely guilty
of such violation.

Sec. 490(5). Penalties.

Any person who shall violate any of the provisions of subsections
3 and 4 of this section, except the manufacture of ardent
spirits and any person, except a common carrier, who shall act
as an agent or employee of such manufacturer or such seller, or
person in so keeping, storing, offering or exposing for sale such
ardent spirits, or act as the agent or employee of the purchaser
in purchasing such ardent spirits, except as herein provided, shall
be deemed guilty of a misdemeanor and punished as provided in
subsection (6).

Sec. 490(6). Penalties.

Any person who shall violate any of the provisions of this
section shall, upon conviction thereof, except in the case of manufacturing
ardents spirits be fined not less than $50.00 nor more
than $500.00, and be confined in jail not less than one nor more
than six months. Where, upon the trial of any charge of a violation
of this section, it shall appear to the court trying the case
that there has been no intentional violation of any provision thereof,
but an unintentional or inadvertent violation thereof, then
such court shall not impose a jail sentence when there is no jury,
and when there is a jury the court shall instruct the jury that
they cannot impose a jail sentence. In case of conviction for
manufacturing ardent spirits, the penalty shall be not less than
$250.00 nor more than $500.00 and by sentence to work on the
public roads of this State for not less than 6 months and not
more than 24 months.

Sec. 490(7). Sale, transportation, etc., permitted by
law.

Nothing in this section shall be construed to prevent any person
from manufacturing, transporting, selling, keeping, storing
or using ardent spirits, medicines containing alcohol, toilet, medicinal
and antiseptic preparations and solutions, flavoring extracts,
and patent or proprietary medicines or preparations, where
such is permitted under the provisions of Chapter 386 of the

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Acts of 1918, and amendments thereto, or under the Act of Congress
known as the "Volstead Act."

Sec. 490(8). Unlawful to keep, etc., ardent spirits in
clubhouse, etc., except in home.

It shall be unlawful for ardent spirits to be received, delivered
to, kept, sold, distributed, given away, or used in or at any club
house, fraternity house, lodge, or meeting place, whether such
meeting place is a house, room, car, or any place in any building,
or in the open air, or in any place, whether of like kind or not,
except in a bona fide "home" as hereinafter provided. Every
person who shall directly or indirectly, or by association with
others, keep or maintain or in any manner, aid, assist or abet in
keeping or maintaining such club house, fraternity house, lodge,
or meeting place of any corporation, association, or combination,
or any place in which ardent spirits are received or kept for the
purpose of use, gift, barter or sale, or for distribution or individual
use, by means of lockers or otherwise, or for division
among the members of any club, fraternity house, lodge, corporation,
association or combination by any means whatsoever;
and every person who shall use, barter, sell, store, or give away,
dispense, or assist or abet in bartering, selling, storing, or giving
away in individual lockers or otherwise, any ardent spirits so received
or kept, shall be deemed guilty of a misdemeanor, and in
all cases the members, shareholders or guests in any club, fraternity,
lodge, association, corporation or combination mentioned
in this section, shall be competent witnesses to prove any violation
of the provisions of this subsection, or of any fact tending
thereto.

Sec. 490(9). Possession, sale, etc., of ardent spirits
unlawful—possession, etc., in place reputed to be a
house of prostitution whether a bona fide home or
not, prohibited.

It shall be unlawful to deliver to, receive in, keep, store, dispense,
sell, or offer for sale, give away or use, or have in possession
ardent spirits in any place, except as provided in this section.
It shall be unlawful to deliver to, receive in, keep, store,
dispense, sell or offer for sale, give away or use, or have in possession

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ardent spirits in a place reputed to be a house of prostitution,
whether said house be a bona fide home or not.

Sec. 490(10). Devices to evade—how punished.

The keeping, storing, or giving away of ardent spirits, or any
shift, or device, whatever, to evade the provisions of this section,
shall be deemed unlawful within the provisions of this section,
and shall be punished as unlawful selling is punished.

Sec. 490(11). Requiring stills to be registered and declaring
all unregistered stills contraband—proceeding
upon seizure.

It shall be unlawful for any person except duly licensed druggists,
hospitals, and laboratories, in this City, to own or to have
in his possession any still, still cap, worm, tub, fermenter, or any
of them or any other appliance connected with a still and used,
or mash, or other substances, capable of being used in the manufacture
of ardent spirits, unless such owner shall be registered
with the commissioner and obtain from him a permit to own
such still, as provided by the laws of Virginia, which permit
shall be kept conspicuously posted at the place where such still
is located. All stills in this City not registered under a permit as
herein required and all mash or other products used in the operation
of such a still are hereby declared contraband and shall be
subject to seizure by any officer charged with the enforcement
of the law, which officer shall destroy all mash and other like
products found at such still and used in the operation thereof and
shall forthwith notify the commissioner and turn over to him all
still caps, worms, tubs, fermenters and other appliances to be
disposed of as required by this section.

When any property is seized under this subsection, the officer
making such seizure shall report the fact to the Commonwealth's
Attorney of the City, who shall proceed for forfeiture of said
property as provided for by Chapter 131 of the Code of Virginia
1919 and amendments thereto except newspaper publication of
notice of forfeiture shall not be necessary.

Sec. 490(12). Ardent spirits and containers—contraband—seizure—forfeiture—search
warrants—penalty
for false complaints.

All ardent spirits and containers in which ardent spirits are

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manufactured, kept, stored, possessed, sold or in any manner
used in violation of the provisions of this section shall be deemed
contraband and shall be forfeited to the City, provided the provisions
of this section shall have no application to ardent spirits
stored in a bona fide home prior to November 1, 1916, or to ardent
spirits acquired in accordance with the provisions of section
4675(12) of the Code of Virginia of 1919, and amendments
thereof, so long as the same shall not be used in violation of the
provisions of this section.

If there be complaint on oath that ardent spirits are being
manufactured, sold, kept, stored, or in any manner held, used or
concealed in a particular home, or other place, in violation of
law, the Justice of the Peace, Civil and Police Justice, or Judge
of the Corporation Court of the City of Charlottesville, to whom
complaint is made, if satisfied that there is a reasonable cause
for such belief, shall issue a warrant to search such house or
other place for the ardent spirits, provided, that no such warrant
shall issue unless and until the provisions of Virginia Code of
1919, Chapter 184 and amendments thereto and section 4822(a)
have been complied with.

Every search warrant shall be directed to an officer charged
with the enforcement of this section and shall command him to
search the place designated, either in day or night, and seize such
ardent spirits and their containers and other articles used in violation
of law, and bring the same and the person in whose possession
they are found before the Civil and Police Justice of the
City, and to make return of said warrant showing all acts and
things done thereunder, with a particular statement of things
seized and the name of the person in whose possession they were
found, if any, and if no person be found in possession of said
articles, the return shall so state.

Upon the return of the warrant as provided in this subsection,
the said Civil and Police Justice shall fix a time not less than ten
days and not more than thirty days thereafter, for the hearing
of said return, when he shall proceed to hear and determine
whether or not the articles so seized, or any part thereof, were
used or in any manner kept, stored or possessed in violation of
the provisions of this section. At such hearing if no claimant
shall appear, the Civil and Police Justice shall declare the articles

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seized forfeited to the City, and if such articles be not necessary
as evidence in any pending prosecution, they shall be
disposed of according to law. At such hearing any person
claiming any interest in any of the articles seized may appear
and file a written claim setting forth particularly the character
and extent of his interest, whereupon, if the trial be before the
Civil and Police Justice, he shall forthwith certify the warrant
and the articles seized along with the claims filed to the Corporation
Court, which Court shall docket the case, but any prosecution
pending against any person for a violation of this section in
relation to said ardent spirits shall have precedence on the docket
of such Court. Thereupon, the Court shall hear and determine
the validity of such claim. But upon such hearing the affidavit
upon which the search warrant was issued and the possession of
such ardent spirits shall constitute prima facie evidence of the
contraband character of the liquor and articles seized, and the
burden shall rest upon the claimant to show, by competent evidence,
his property right or interest in the articles claimed, and
that the same were not kept, stored or possessed, or in any manner
used in violation of any of the provisions of this section. If,
upon such hearing, the evidence warrants, the Court shall thereupon
enter a judgment of forfeiture and order the articles so
seized to be disposed of as required by law. Action under this
section and the forfeiture of any articles thereunder shall not be
a bar to any prosecution under any other provision of this section.

If any person shall knowingly and wilfully make any false complaint
under this subsection, he shall be guilty of a misdemeanor
and fined not less than $50.00 nor more than $200.00 for each
offense.

Nothing herein contained shall be construed to permit the issuance
of general warrants whereby an officer may be commanded
to search suspected places without evidence of an act
committed, or to seize any person or persons not named; or
whose offense is not particularly described and supported by evidence.

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Sec. 490(13). Civil and police justice to have original
jurisdiction of all cases arising under this section—
appeals.

The Civil and Police Justice shall have original jurisdiction
for the trial of all cases arising under this section but the accused
claimant or owner shall have the right of appeal to the
Corporation Court of City of Charlottesville.

Sec. 490(14). Appeals—bond required.

Upon such appeal being taken the appellant shall be required
to enter into a recognizance in the penalty and with security to
be approved by the said Justice, to appear before the next term
of the Corporation Court. All material witnesses shall also be
recognized with or without security, as the Justice may deem
proper at the next term of the Corporation Court, to give evidence,
and if the person so charged shall have been previously
convicted of the violation of this section, the Justice may require
of the person so charged to give additional bond with penalty
and security, to be approved by the said Justice conditional that
he will not violate any of the provisions of this section until the
charge against him has been tried or dismissed, and upon failure
to give such bond, he shall be committed to jail until the bond is
given, or he is discharged by the Court.

Sec. 490(15). Obstructing or resisting officer in discharge
of duty—destroying evidence.

It shall be unlawful for any person knowingly to resist, impede
or obstruct, or in any manner to hinder or delay any legal
officer having in his hand any search warrant, issued by any officer
of the City having the right to issue the same, under the
provisions of this section, in the execution of such warrant.

Any person so resisting, impeding, obstructing, or in any way
hindering or delaying any officer in the execution of a legal search
warrant in his hands, or concealing or destroying evidence before
or after it shall have been lawfully captured, otherwise than is
permitted by this section, shall be guilty of a misdemeanor.

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Sec. 490(16). Trial without jury.

Nothing in this section shall interfere with the jurisdiction of
courts, as it at present exists, for the trial of criminal cases without
a jury.

Sec. 490(17). Ardent spirits, finding of ardent spirits
or United States liquor dealer's tax receipt, etc.—
prima facie evidence—who to be tried.

Whenever ardent spirits shall be seized in any room, building,
car, or other place, searched under the provisions of this section
the finding of such ardent spirits or of a United States Liquor
Dealer's Tax Receipt in any such place, shall be prima facie evidence
of the unlawful manufacturing, selling, keeping and storing
for sale, gift, or use by the person or persons occupying such
premises, or by any person named in any United States Internal
Revenue Tax Receipt posted in any room or found anywhere on
said premises, or elsewhere, and the proprietor or other person
in charge of the premises where such ardent spirits are found,
or who is so named in such United States Government tax receipts,
shall be tried for the manufacturing, selling and keeping
and storing for sale unlawfully.

Sec. 490(18). Drinking in public places—assisting or
giving information as to securing ardent spirits.

Any person who shall take a drink of ardent spirits or shall
offer a drink to another, whether accepted or not, in any railroad
station, or in any day coach, or pullman car, or on any passenger
train, or in any street car, or other public conveyance, or automobile,
or in any street, or alley, highway or in any other public
place, whether of like kind or not or any person in charge or employed
in connection with any car, boat, or other public conveyance
or automobile, who shall procure for or assist in procuring,
or who shall give any information or direction by which any
person may secure ardent spirits in violation of this section, shall
be guilty of a misdemeanor, and upon conviction, shall be fined
not less than ten nor more than one hundred dollars.

Sec. 490(19). Drunkenness in public places—penalty.

Any person who, being intoxicated as defined in this section,

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shall appear in any public place in this City, shall be fined not
less than $5.00 nor more than $25.00.

Sec. 490(20). Giving ardent spirits to minors, persons
of intemperate habits, or addicted to use of narcotic
drugs—such persons when found intoxicated
may be required to disclose from whom ardent spirits
or drugs received—possession by minors—minors
acting as agents—penalties.

It shall be unlawful for any person to give ardent spirits to
any person of intemperate habits or addicted to the use of any
narcotic drug, or for any person, except a parent or guardian, to
give any ardent spirits to a minor, except on the prescription of
a physician, or to send a minor or a female to obtain ardent spirits.

Any person of intemperate habits or addicted to the use of
any narcotic drug, found to be intoxicated or under the influence
of ardent spirits, or any narcotic drug, shall be compelled
in any proceeding had under this section to disclose from whom
he has received the ardent spirits or drug. For a failure or refusal
to make such disclosure he shall be guilty of contempt and
shall be fined not less than five dollars nor more than fifty dollars
and be committed to the jail for a period not exceeding
thirty days.

It shall be a misdemeanor for any minor to have ardent spirits
in his possession or under his control, whether belonging to
himself or another, and upon conviction, he shall be fined not
less than ten nor more than five hundred dollars, and, in the discretion
of the Justice or Court, he may be sentenced to jail for
not less than one nor more than six months. And if it shall appear
in any prosecution, under this section, that such minor is
acting as the agent of another person, or under his influence or
control or by his direction, such person shall be deemed guilty
of a misdemeanor.

Sec. 490(21). Who deemed intoxicated—of intemperate
habits.

Any person who has drunk enough ardent spirits to so affect
his manner, disposition, speech, muscular movement, general appearance

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or behavior, as to be apparent to observation, shall be
deemed for the purpose of this section to be intoxicated, and if
he shall continue to use ardent spirits as a beverage during the
period of one year, so as to produce the above results from time
to time, he shall be deemed a person of intemperate habits within
the meaning of this section.

Sec. 490(22). Employees of hotels or places of public
entertainment assisting guests to obtain ardent spirits—penalty.


Any bell boy, elevator boy, or employee of any hotel or place
of public entertainment in this City who shall procure or assist
in procuring, or who shall give any information or direction to
any guest or patron of such hotel, or house of public or private
entertainment, or other person, by which said guest or other person
may secure ardent spirits, shall, upon conviction thereof, be
fined not less than ten nor more than fifty dollars and be confined
in jail or committed to the reformatory for not less than one nor
more than six months.

Sec. 490(23). Proprietor of houses of public or private
entertainment permitting employees to assist guests
to secure ardent spirits—failure to discharge convicted
employee—penalty.

Any proprietor of any hotel or house of public or private entertainment
in this City, who shall knowingly permit any bell
boy, elevator boy, or other employee to, or who shall himself
procure ardent spirits for, or give direction and information by
which ardent spirits can be secured by any guest, patron, or
other person, or who when duly notified that any employee has
been convicted of a violation of any of the provisions of this section,
shall fail at once to discharge said employee permanently,
shall upon conviction thereof be fined not less than one hundred
nor more than five hundred dollars, and for subsequent offense
shall be fined not less than one hundred dollars nor more than five
hundred dollars and be confined in jail not less than one nor more
than six months.

Sec. 490(24). Certain officials charged with the enforcement
of this section—fees.

It shall be the duty of the Chief of Police and all police officers,

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the mayor, justice of the peace, civil and police justice and attorney
for the Commonwealth to enforce all the provisions of
this section, and it shall be the duty of the Commonwealth's Attorney
to prosecute all cases arising under this section.

All fees for the trial, prosecution or conviction, or both, of
cases arising under the prohibition laws of Virginia, shall be allowed
to the corresponding officers of the law participating in
trials or prosecutions under this section. All such fees must be
assessed against and be chargeable against the defendant and not
against the City.

Sec. 490(25). Search of vehicles in which ardent spirits
are being transported—seizure of vehicles, etc.

When any officer charged with the enforcement of this section
shall have reason to believe that ardent spirits are being
transported in any wagon, buggy, automobile or other vehicle
contrary to the law, he shall have the right and it shall be his
duty to search such wagon, buggy, automobile or other vehicle,
and to seize any and all ardent spirits found therein which are
being transported contrary to law. Whenever any ardent spirits
which are being illegally transported, or are being transported
for an illegal use, shall be seized by an officer of the City, he
shall also take possession of the vehicle and team, or automobile,
or any other conveyance, other than a conveyance owned
and used by a railroad, steamboat or express company, in
which such liquor shall be found, and such conveyance shall be
forfeited to the City, and the proceedings thereafter for forfeiture
to the City in the Corporation Court of said City shall conform
as far as practicable to the provisions of section 4675(28)
of the Virginia Code of 1919.

Sec. 490(26). Warrants returnable before civil and police
justice.

All warrants issued under this section for the search of any
automobile, conveyance, or vehicle, whether of like kind or not,
or for the search of any trunk, grip, or other articles of baggage,
whether of like kind or not, for ardent spirits, may be executed
in this City, and shall be made returnable before the Civil and
Police Justice of the City.

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Sec. 490(27). Certain allegations unnecessary in warrant—what
proof sufficient.

In a warrant for the violation of any provision of this section,
as to a sale or gift of ardent spirits, it shall not be necessary to
allege a sale or gift of ardent spirits to a particular person, and
it shall be sufficient for the conviction of the accused to prove a
sale or gift contrary to law, within one year prior to the issuance
of such warrant.

Sec. 490(28). Burden upon accused to prove exception.

When, in any case prosecuted under this section, the accused
claims the benefit of any exception under this section or the State
law, the burden shall be upon him to prove that he comes within
the exception.

Sec. 490(29). Possession and use of ardent spirits in
home—presumption where more than one gallon in
home—home defined.

Nothing in this section shall prevent one, in his own home,
from having and there giving to another ardent spirits when the
quantity of such ardent spirits is not enough to produce intoxication
and when the quantity of ardent spirits in the possession of
the person giving it shall not exceed the quantity allowed by this
section to be kept in his home, and such gift is in no wise a shift
or device to evade the provisions of this section, but the word
"home" as used herein shall be the permanent residence of the
person and his family, not including the curtalage or outbuildings,
and shall not be construed to include a rooming house, a
club, fraternity house, lodge, room or rooms or place of common
resort, or room of a guest in a hotel or boarding house or apartment
house.

The possession by any person in his home of more than one
gallon of distilled liquors, wine, or malt liquor at any one time,
shall, in any prosecution under this section, be prima facie evidence
that such person possess such ardent spirits for the purpose
of sale, provided that it shall be lawful for any person to
carry to his home any ardent spirits that have been lawfully delivered
to him by a druggist or physician.

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Sec. 490(30). Encumbering estate to evade any provisions
of this section.

Any person who shall transfer, alienate or encumber in any
manner, his estate, real or personal, with the intent to evade any
provisions of this section, and all persons aiding and abetting in
such evasions, shall be deemed guilty of a misdemeanor and
punished as provided in subsection (6) of this section.

Sec. 490(31). Unlawful to grind or transport malt, etc.
—burden of proof.

It shall be unlawful for any person to grind, or transport malt
in this City or any substitute for the same by whatever name it
may be called to be used in the manufacture of ardent spirits
and the burden of proof shall be upon any person grinding or
transporting malt to show that such malt is not to be used in violation
of this section.

Sec. 490(32). Incriminating testimony no excuse for
not testifying—prescribing certain rules of evidence
—proof of general reputation of defendant for violation
of prohibition laws admissible.

No person shall be excused from testifying for the City as
to any offense committed by another under this section by reason
of his testimony tending to incriminate himself, but the testimony
given by such person on behalf of the City shall in no case
be used against him nor shall he be prosecuted as to the offense
as to which he testified.

It shall be competent in a prosecution for any offense against
this section to prove the general reputation of the defendant as
a violator of the prohibition laws.

Sec. 490(33). Possession of deadly weapons by persons
unlawfully engaged in manufacturing, transporting,
or selling ardent spirits.

If any person shall unlawfully manufacture, transport, or sell
any ardent spirits, as herein defined, and at the time of such
manufacturing, transporting, or selling or aiding or assisting in
any manner in such act, shall carry on or about his person, or
have on or in any vehicle which he may be using to aid him in

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any such purpose, or have in his possession, actual or constructive,
at or within one hundred yards of any place where any such
intoxicating liquor is being unlawfully manufactured, transported
or sold, any firearm, dirk, bowie-knife, razor, slung-shot, metal
knucks or any weapons of like kind, upon conviction he shall be
confined in jail not more than one year, nor less than thirty
days.

All persons manufacturing, transporting, or selling, or aiding
or abetting in such act, with knowledge of the possession
by any one or more of their number of the deadly weapons as
above set forth shall be deemed principals to the crime and punished
as such.

Any such firearms, dirk, bowie-knife, razor, slung-shot, metal
knucks or any weapons of like kind shall be confiscated as now
provided by law.

Sec. 490(34). When officer may break and enter houses.

If in any house, building, boat, car, or other place, as is hereinbefore
mentioned, the sale, offering, storing or exposing for
sale of ardent spirits is carried on clandestinely, or in such manner
that the person or persons engaged therein cannot be seen or
identified by the officer or officers charged with the execution of
a warrant, under any section of this act, any such officer may,
whenever it is necessary for the arrest or identification of the
person or persons offending, or of seizing such ardent spirits,
break open and enter such house, building, boat, car or place, or
any room or part of any of them.

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