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 |
 | CODE OF THE GENERAL ORDINANCES OF
THE CITY OF CHARLOTTESVILLE |
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 | The code of the city of Charlottesville, Virginia : |  |
CODE OF THE GENERAL ORDINANCES OF
THE CITY OF CHARLOTTESVILLE
Whereas, there has been no general revision of the ordinances
of the City of Charlottesville since 1909 and
Whereas, it is deemed advisable by the City Council that the
ordinances of the City of Charlottesville be amended and revised:
THEREFORE, BE IT ORDAINED by the Council of the
City of Charlottesville that the following ordinances be now
adopted by the City Council, and that the same shall be the Code
of the City of Charlottesville, Va.
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 five members, to be elected at large from the qualified
voters of the City as provided by Section 4 of the charter. Their
term of office shall be four years, except that all elections to
fill vacancies shall be for the unexpired terms.
(b) Each member of the Council shall receive an annual salary
of three hundred dollars ($300.00), except the president
of said Council, who shall be Mayor and shall receive five hundred
dollars ($500.00) per annum. Said salary shall be paid
in equal monthly installments.
Sec. 2. Oath of office—when taken.
Each councilman shall, before entering upon the duties of his
office, take the oath prescribed for councilmen by the laws of
Virginia and qualify before the Corporation Court or the Judge
thereof in vacation, a certificate of which shall be filed with the
clerk of the Council who shall enter the same upon the journal
thereof; but if any councilman shall fail to qualify as aforesaid,
he was elected, his office shall be deemed vacant.
Sec. 3. 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 or a
legal holiday, in which case they shall meet on the following
day), but in case of unavoidable absence from such meeting of
any member elect it shall be competent to adjourn said meeting
from time to time as they may deem proper.
Sec. 4. Elections by council.
At all elections by the Council the voting shall be viva voce,
and each member shall be entitled to one vote. Only one person
shall be elected at a time, except with the consent of all
members present. If, on any vote, no one receives a majority
of all the votes, the name of the person receiving the smallest
number of votes shall be dropped, and shall not again be put in
nomination until a vote intervenes.
At each election the roll shall be called by the clerk in alphabetical
order, and each member shall vote when his name is
called, unless excused or disqualified by section 24, post.
Sec. 5. 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
as practicable, elect one of its members president, who shall
continue in office two years. If a vacancy occur in the office
before the end of the term, such vacancy shall be filled as provided
by section 11. The president of the Council shall be the
Mayor of the City, without veto power.
At the same time the Council shall elect one of its members
to be vice-president, who shall continue in office two years. If
a vacancy occur in the office before the end of his term such
vacancy shall be filled as provided by section 11.
The president shall preside at the meetings 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.
The president or vice-president, as the case may be, shall be
entitled to vote on all questions as any other member, but in no
case shall he be entitled to a second vote on any question, though
it be necessary to break a tie—that is to say, his office shall not
entitle him to a vote.
Sec. 6. Regular meetings—how special meetings may be
called.
The Council shall hold its regular meetings at the customary
place for such meetings, or at such other place in the City as
may be designated by the president of the Council, on the first
and third Mondays of each month at such hour as may be agreed
upon (unless such day be a legal holiday, in which event such
meeting shall be held on the day following).
The president of the Council or the vice-president, if acting
in his stead, or any three members of the Council may call a
special meeting of the Council at any time upon at least five
hours written notice to each member, served personally or left
at his usual place of business or residence. But special meetings
may be held at any time without notice provided all members
of the Council attend and unanimously consent to the transaction
of all business transacted thereat.
Sec. 7. Meetings—special—executive session.
Every call for a special meeting shall specify the object thereof
and no business shall be transacted at a special meeting except
that for which it shall have been called, unless by a unanimous
consent.
The Council shall be open except when, by a recorded vote
of two-thirds of those members present, it declares that the
executive session.
Sec. 8. Quorum—reconsideration of votes.
Three members 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 three-fifths of all members
present vote in favor thereof.
Sec. 9. 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, two or more members shall have authority to
compel the attendance of absent members by a process in writing
signed by them and addressed to any policeman, directing him to
summons such absent members 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 four-fifths vote of the
Council in a sum not less than five dollars nor more than twenty-five
dollars.
Sec. 10. 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 Civil and Police Justice.
Sec. 11. Vacancies—office of mayor or councilmen,
how filled.
Whenever, from any cause, a vacancy shall occur in the office
of mayor it shall be filled by the Council. A vacancy in the office
of councilman shall be filled by the Council at its next regular
meeting from the qualified electors of the City. The officer
was elected, unless sooner vacated by death, resignation, removal,
or from other causes. An entry of said election shall be
made in the journal. If the mayor or a councilman shall remove
his residence from the City limits such removal shall operate to
vacate his office.
Sec. 12. 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.
Sec. 13. Committees.
The president of the Council shall, within ten days after the
organization of the Council, appoint the finance committee consisting
of three members to continue for a term of two years.
The president of the Council shall also appoint all special committees
unless otherwise ordered by the Council. Vacancies on
committees shall be filled in like manner.
Sec. 14. Finance committee—duties and powers.
The finance committee shall investigate and report to the Council
as to all matters relating to the finances, debts, revenues and
assets of the City. After approval by the Council said committee
shall have power to borrow money in the name of "the finance
committee of the City of Charlottesville," signed by all the members
of said committee. The finance committee shall approve all
surety bonds of City officials and employees as provided for by
sec. 41, post.
Sec. 15. 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.
Sec. 16. Ordinances and resolutions.
Every proposed ordinance and resolution having the effect of
an ordinance shall be in writing. It may have immediate consideration,
but objection by one member shall carry it over to the
next meeting.
Sec. 17. Annual budget and levy.
The Council shall cause to be prepared by the City Manager
an Annual Budget containing all proposed expenditures and
estimated revenues and borrowing for the ensuing year, and at
least 30 days thereafter shall order a City levy as provided for
by State law and sections 13-17 and 18 of the City Charter and
amendments thereto. The Council shall adopt said annual budget
and shall make said City levy prior to June 30th in each year.
Sec. 18. Ordinances appropriating money, imposing
taxes, etc., vote necessary—when carried over.
(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
"Ayes" and "Noes" shall be entered on the journal of the
Council.
(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, but this paragraph shall not apply
to the annual appropriations as provided in section 20, post.
Sec. 19. Additional expenditures beyond annual budget.
No money shall be expended on any department of the City
government beyond the amount estimated in the budget for such
department in the general appropriation ordinance for the fiscal
year unless such expenditure be authorized by the recorded vote
of three-fifths of all the members elected to the Council.
Sec. 20. Annual, quarterly and special appropriations.
(a) As soon as practical after the 1st day of September in
each year, the Council shall make an annual appropriation covering
all fixed expenditures provided for in the Annual Budget,
which are approved.
(b) At the last meeting of the Council in each quarter, said
Council shall make quarterly appropriation covering all approved
expenditures in the Quarterly Estimate of the City Manager as
provided for in section 53, post. Said estimate together with the
auditor's quarterly report shall be spread in the Journal immediately
preceding the resolution making the quarterly appropriation,
which shall be finally passed at the next succeeding regular
meeting of the Council.
(c) All other appropriations shall be deemed Special appropriations.
Sec. 21. Ordinances appropriating money for outside
highways.
No ordinance or resolution appropriating money for the purpose
of improving highways, airports and bridges located outside
of the City, shall be passed by the Council except by a recorded
affirmative vote of four-fifths of all members elected to
the Council.
Sec. 22. Granting aid to various associations.
No ordinance or resolution granting aid to military, agricultural,
literary, or benevolent associations, or to public charity
shall be passed except by the vote of three-fifths of the members
elected to the Council.
Sec. 23. Disposition of public property and franchises.
(1) No ordinance or resolution granting, leasing, selling or
otherwise disposing of any public property or franchise, shall
be valid unless the same be passed by the Council by a recorded
affirmative vote of three-fourths of all members elected to the
Council.
No franchise, lease, or right of any kind to the use of any
such public property in a manner not permitted to the general
public shall be granted for a period of over thirty years. Before
granting such franchise or privilege for a term of thirty years,
except for a trunk railway, bids therefor shall be advertised once
a week for four successive weeks in a newspaper published in
this City. Such grant, and any contract in pursuance thereof,
may provide that upon the termination of the grant, the plant,
and other public places, shall thereupon, without compensation
to the grantee, or upon the payment of a fair valuation
therefor, be and become the property of the City, but that the
grantee shall be entitled to no payment by reason of the value
of the franchise. Every such grant shall specify the mode of
determining any valuation therein provided for and shall make
adequate provision by way of forfeiture of the grant, or otherwise,
to secure efficiency of public service at reasonable rates,
and the maintenance of the property in good order throughout
the term of the grant.
All persons, firms or corporations to whom privileges or franchises
have been or may be granted by the Council, shall pay in
advance for the printing and advertising of all ordinances granting
said privileges or franchises after the approval thereof and
all of said printing shall be done under the supervision and direction
of the Clerk of the Council.
(2) 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 (1) 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 24
of the Charter applicable to a special election.
Sec. 24. Members failing to vote—disqualifications for
voting.
A member who is present and fails to vote when the "Ayes"
and "Noes" are taken, shall be entered on the journal as present
and not announcing his vote; but no member who has an
immediate, personal or pecuniary interest in the result of the
question shall either vote or be counted upon it.
Sec. 25. Witnesses before council and committees—
how attendance secured.
The Council, or any committee or officer of the City, when
specially authorized thereto by the Council, shall have the power
to require the attendance of any person as a witness and the
in any investigation by such body, such attendance and investigation
is necessary and proper. Summons to attend as a witness
or to produce books and papers shall be in writing, signed
by the presiding officer of the Council, and shall be served by a
member of the police force in the same manner as a process to
commence an action at law. Such witnesses shall be sworn by
the officer presiding at the investigation, and shall be liable to
the penalties for perjury or false testimony at such investigation.
Any person failing or refusing to obey such summons, and refusing
to testify, or produce such books or papers, may be summoned
before the Civil and Police Justice and upon failure to
give satisfactory excuse shall be fined in a sum of not less than
ten dollars nor more than fifty dollars. A person found guilty
under this section, and fined shall have a right of appeal to the
Corporation Court of the City.
Sec. 26. Council—additional powers, duties and responsibilities.
In addition to the foregoing the Council shall exercise such
powers, perform such duties, and assume such responsibilities
as are provided by the charter and the constitution and laws of
Virginia.
Sec. 27. Rules of order of the council.
The rules of order and procedure of the Council with the
right of the body to suspend the same by a four-fifths vote, shall
be as follows:
(1) Parliamentary Rules.—The proceedings of the Council
except as its own rules may otherwise provide, shall be governed
by Roberts Manual of Parliamentary Rules; and no rule adopted
by the Council shall be suspended except by consent of four
members. Objection shall operate to postpone to the next meeting,
when this rule may be suspended by the vote of three members.
(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
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.—Questions shall be distinctly put in the following
form, namely: "As many as agree that, etc., etc. (as case may
be), say `aye' and after the affirmative vote is given, "Those opposed
say `no.' " The president shall declare all votes.
(5) Members Not to Withdraw Without Leave.—After a
member, at any meeting, has been recorded as present, he shall
not without permission of the Council, absent himself from such
meeting until its adjournment.
(6) Members—Conduct in Addressing the Body. — Every
member shall confine himself to the question before the Council
and avoid all personal, or indecorous language. No discussion
of a sectarian, or political nature shall be allowed. No member
shall interrupt another while speaking, except to make a point
of order, the point to be briefly stated to the presiding officer.
(7) Members—Orders of Recognition by the President.—
When two members rise at the same time, the president shall
name the one to speak; but in all cases, the member first 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
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, 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, or until invited so to
do by the presiding officer.
(12) Communications to Be in Writing.—No communication,
petition or request to the Council shall be entertained unless the
same be in writing, which must be filed with the clerk.
(13) Motions or Propositions to Be in Writing—To Be Stated
before Discussing—When They May Be Withdrawn.—Every motion
or proposition, except as are subsidiary or incidental, shall
be in writing, and shall be filed with the clerk. When a motion
is made and seconded, it shall be stated by the president before it
is debated. A motion or proposition may be withdrawn by the
mover, with consent of the second, at any time before it is decided,
amended or otherwise acted upon by the 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 there is no objection
the ordinance shall be considered and voted upon. If there be objection
it shall be laid over to the next regular meeting when action
on same shall be taken. Any reading may be dispensed with
by unanimous consent.
(16) Ordinances to Be Repealed or Amended Only by Ordinance—Ordinance
to Take Effect from Date, Unless Otherwise
an ordinance regularly introduced and adopted, provided that suspension
of rules may be made by a motion.
Every ordinance shall take effect from the date of its passage
unless otherwise provided.
(17) Style of Ordinances and Resolutions.—The style in
which ordinances shall be enacted by the Council shall be as follows:
"Be it ordained by the Council of the City of Charlottesville,"
and that in which resolutions shall be passed shall be "Be
it resolved by the Council of the City of Charlottesville."
(18) Motions—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 a day or hour, certain.
5. To refer, or recommit.
6. To substitute, or amend.
7. To adopt or approve.
(19) 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 the debate and submits
no other motion or remark, may move for the previous question,
which motion, if seconded, shall forthwith be put to the
Council.
(20) 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.
(21) 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.
(22) Majority Vote to Govern unless Otherwise Provided.—
In all matters pending before the Council, a majority shall govern
except in cases where it is otherwise specially provided.
(23) Aye and No Vote.—On the call of any member of the
Council, the vote on any question may be taken by ayes and noes,
and recorded, provided the demand be made before other business
has been taken up.
(24) 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.
(25) 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 8, ante.
(26) 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.
(27) 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 chairman. A majority shall
constitute a quorum for the transaction of business.
(28) 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 shall be returned with
the reports.
(29) Rules for the Construction of Statutes.—The rules for
shall, so far as applicable, govern the construction of these ordinances
and of all other ordinances and resolutions of the Council.
(30) Calendar of Unfinished Business.—A calendar of all
new, referred and deferred petitions and communications to the
City Council, shall be kept by the Clerk of the Council and copies
shall be furnished by him to the members of the Council, City
Attorney and City Manager at least six hours prior to each meeting
of the Council at such time as notice is given.
(31) 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
shall be read, and no objection being made, shall be approved 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, unless reading is dispensed with, and no
objection being made, shall be approved and signed by the person
presiding.
3. Petitions and communications. After their purport has been
briefly stated by the member offering same the Council may consider
the same, or otherwise dispose of them.
4. Reports and communications from City officers, including
financial statements.
5. Reports of committees.
6. Ordinances for second reading.
7. Offering of original resolutions, orders and ordinances.
8. Miscellaneous and unfinished business.
The order of business shall not be departed from except by
unanimous consent.
(32) 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. 28. Clerk of the council—election—term—duties.
The Council shall elect a Clerk 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 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. 29. Clerk of the council—ordinance book.
The Clerk of the Council shall keep a journal of its proceedings;
and all resolutions and permanent contracts which shall be
spread therein except as otherwise provided; 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.
All matter spread upon the Journal and Ordinance Book shall be
inspected by the City Attorney before the same is signed by the
presiding officer. Other documents or papers in possession of the
Clerk of the Council which may affect the interest of the City,
shall not, without special order of the Council, its president or
vice-president, be exhibited, nor copies thereof furnished to other
persons than the committees or City officials entitled thereto.
Sec. 30. Clerk of the council—shall furnish papers to.
The Clerk of the Council shall within forty-eight hours after
each session of the Council furnish the officers or heads of departments
of the City, a copy of every ordinance or resolution
specially pertaining to their respective departments; provided,
that copies of all ordinances making appropriations or authorizing
the payment of money be furnished to the Auditor within
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.
Sec. 31. Clerk of the council—docket of petitions, etc.
The Clerk shall keep a calendar of petitions and other papers
presented to the Council, as provided by section 27 (30).
Sec. 32. Clerk of the council—numbering ordinances.
The Clerk shall enter upon the minute book, the introduction
and passage of every ordinance, and shall spread upon the Book
of Ordinances, all duly adopted ordinances. Each ordinance
passed subsequent to the adoption of this Code shall as far as
practical be numbered in accordance with the numbering of sections
in this Code. If such ordinance repeals a part of this Code
the same shall be given the number of the repealed section. If
such ordinance amends or re-enacts, a part of this Code, the
same shall be given the same number as the section amended or
re-enacted, and the letters A, B, C, etc., shall be added to the
number to indicate whether the new ordinance is a first, second,
or third, etc., amendment or re-enactment. In all cases of repeal
amendment or re-enactment, the Clerk shall make notation on the
Ordinance Book showing cross-references to the pages on which
both the old and new law is spread.
CHAPTER III.
The City Seal.
Sec. 33. 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. 34. 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.
Sec. 35. Officers—how elected—their terms of service,
etc.
There may be elected by the Council such officers and clerks as
said Council deems proper and necessary and any one or more of
said offices may be held and exercised by the same person. Unless
otherwise specifically provided, every municipal officer elected
by the Council shall hold his office for a term of two years and
be removable at the will of the Council. The term of all officers
so elected shall commence as soon as they have qualified and given
bond as required. Vacancies occurring in such offices shall be
filled by the Council as soon as practicable. All persons elected
to fill a vacancy shall hold office only during the unexpired term
of the office in which such vacancy occurs. All officers elected
by the Council shall hold office until his successor shall have been
elected and shall have qualified and given bond unless he be sooner
removed.
Sec. 36. Officers—salaries to be fixed by council.
The salaries of all officers who shall receive stated compensation
for their services from the City shall be fixed by the Council
except as otherwise provided. They shall be paid their reasonable
traveling expenses when the duties of their offices require
their attendance out of the City. No payment shall be made to
any officer who is in arrears to the City or in default in rendering
any account or report required of him.
Sec. 37. Officers—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 approved
herein shall be construed to affect the right of the Mayor to remove
any officer appointed by the Council.
Sec. 38. Officers—removal of for malfeasance, etc.
For malfeasance, misfeasance, neglect of duty, incapacity, or
any other good cause, the Mayor or Council may remove from office
any officer elected or appointed by the Council.
Sec. 39. Officers—pay of suspended officers.
Any officer who shall be suspended by the Mayor or Council
shall forfeit his salary from the day of his suspension until he
is reinstated or discharged, and shall only receive the pro-rata
part of his pay for the time he may have actually served; provided,
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.
Sec. 40. Officers—absence from city, 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 City Manager.
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 City Manager.
Sec. 41. Officers—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 |
| Treasurer of Sinking Fund Commission | 25,000 |
| City Manager | 5,000 |
| City Collector | 10,000 |
| Chief of Police | 1,000 |
| Meter Readers of Gas and Water | 1,000 |
| Superintendent of Cemeteries | 1,000 |
| Sergeant | $ 2,000 |
| Constable | 2,000 |
| Clerk of Civil and Police Justice Court | 2,000 |
| City Electrician | 500 |
Every official bond required by 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.
All official bonds shall be paid for by 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 or
appointed, neglect to give such bond and security as may be required
of him, shall thereby vacate his office.
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. 42. Officers—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.
Sec. 43. Officers—general power and authority.
The officers of the City elected or appointed by the Council
shall, during the time they are in office, have all the power and
authority of like officers of the State under its general laws, unless
the same be abridged or restricted by the Council.
CHAPTER V.
The Mayor.
Sec. 44. Mayor—general duties and powers.
The Mayor shall be the chief executive officer of the City, and
shall take care that the by-laws and ordinances of the City are
fully executed. He shall see that the duties of the various City
officers, members of the police force, and members of the fire department,
whether elected or appointed, in and for the City are
faithfully performed.
He shall have power to investigate their acts, have access to
all books and documents in their officers, and may examine them
and their subordinates on oath. Evidence given by persons so
examined shall not be used against them in any criminal proceedings.
The Mayor shall have all other powers and duties which may
be conferred upon him by ordinances or resolutions of the City
and by the Laws of the State of Virginia.
Sec. 45. Mayor—suspension or removal of subordinate
officers.
The Mayor shall also have power to suspend any officer of the
City and members of the police and fire departments for proper
cause and to remove such officers for misconduct, or malfeasance,
misfeasance, or non-feasance in office. No order of removal
under this section shall be made until the officer affected shall have
been given reasonable notice of the charge against him and an opportunity
to be heard in person or by counsel and to present testimony
in his defence. Such order shall specify the cause of removal,
and an appeal shall lie therefrom, of right, to the Corporation
Court of the City. The Mayor, when he has made such a
suspension or removal, shall report the facts with the reasons for
his action to the next regular meeting of the Council.
Sec. 46. Mayor—supervisory duty.
The Mayor shall exercise a general supervision over all the
City's rights, franchises, properties and affairs, departments and
offices.
Sec. 47. Mayor—to prohibit certain theatrical performances.
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.
Sec. 48. Mayor—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 of or
by 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.
Sec. 49. Mayor—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 vice-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 seven of the
Charter.
Sec. 50. Mayor—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.
CHAPTER VI.
City Manager.
Sec. 51. City manager—term of office, etc.
The Council shall elect on September 1st, or as soon thereafter
as is practicable for a term of one year, a business manager,
to be known as City Manager, at a salary to be fixed by the Council.
Said City Manager may be removed from office by said
Council at their discretion.
Sec. 52. City manager—duties.
Subject to the supervision, direction and control of the Council
and Mayor, the City Manager shall:
(1) See that the laws, ordinances, resolutions, and by-laws of
the Council are satisfactorily executed, except as hereinafter provided.
(2) Keep the Council fully advised of the City's financial condition
and of its future financial needs, and make such reports
upon the affairs of the City as may be required of him by the
Council.
(3) On or before the 31st day of May in each year the
City Manager shall prepare and submit to the Council a tentative
budget for the next fiscal year. Such budget shall contain
a complete itemized and classified plan of all proposed expenditures
and all estimated revenues and borrowings for the
ensuing appropriation year, and shall indicate thereon which expense
items are fixed expenditures. Opposite each item of the
proposed expenditures, the budget shall show in separate parallel
columns the amount appropriated for the preceding appropriation
year, the amount expended during that year, the amount
appropriated for the current appropriation year, and the increases
and decreases in the proposed expenditures for the ensuing year
as compared to the appropriation for the current year. This
budget shall be accompanied by an itemized and complete financial
balance sheet at the close of the last preceding appropriation
year, and a copy of the last auditor's monthly report as provided
in Section 79 post.
The Clerk of the Council shall cause to be published a synopsis
of the budget and notice of public hearings thereon as provided
by Section 17 of the Charter.
(4) Have full power to employ and discharge city employees,
but not officers or members of the police force, and except as
may be otherwise provided for by the Council. He shall fix the
salaries of all persons employed by him whose yearly compensation
is not more than $1,500.00. Where the compensation exceeds
$1,500.00 per year it shall be fixed by the Council before
such person is employed.
(5) The City Manager, under the direction of the Mayor and
Council shall be the executive officer for supervising all the business
affairs of the City including the building, maintenance and
operation of all public works; necessary purchases for the various
departments; the work of the heads of the various departments
and City employees.
He shall give general supervision to all streets, grounds, buildings,
water and gas work, sewers, and all other property belonging
to the City and cause to be made such surveys and estimates
as the Council or Mayor may direct.
Sec. 53. City manager—quarterly estimate.
The City Manager shall at the last regular meeting in each
quarter submit to the Council an estimate of the funds which
in his opinion will be necessary for the ensuing quarter, for
which no appropriation has been made. The items of said estimate
shall be classified in accordance with the items in the Annual
Budget.
Sec. 54. City manager—custody of city property.
Except as otherwise provided he shall have charge of and be
custodian of all real and tangible personal property of the City.
He shall keep all City buildings insured for such amounts as
may be approved by the finance committee.
Sec. 55. City manager—maps of streets, water, sewer
and gas lines.
He shall cause to be kept on file as property of the City all
maps showing: (1) The location of all public streets and the
and the grades of the same when established; (2) Location and
dimensions of all culverts and sewers, water and gas mains.
He shall cause to be prepared and kept on file maps and records
of such improvements as may be made in the future. He
shall cause to be made and kept a record of the location and dimension
of all sewers, water and gas mains not shown on the existing
maps and records as the same may be discovered.
All heads of departments, officers and employees are directed
to make such reports and furnish such information upon the affairs
of their departments or offices as may be required by the
City Manager.
Sec. 56. City manager—inspection of telephone, telegraph
and other poles.
He shall cause to be made such inspections as he may deem
necessary of all telegraph, telephone and other poles carrying
wire, erected within the corporate limits of the City and if any
pole be found to be defective or dangerous from any cause, he
shall notify the 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 $5.00
for each and every day during which said neglect or refusal shall
continue.
CHAPTER VII.
City Attorney.
Sec. 57. 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.
He shall hold office for a term of two years and be removable
at the discretion of the Council.
Sec. 58. City attorney—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 Council, or any committee thereof, City officers, 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, or any of them.
Sec. 59. City attorney—duties.
It shall be the duty of the City Attorney to draft all bonds,
deeds, obligations, contracts, leases, conveyances, agreements or
other legal instruments of whatever nature which may be required
of him by any ordinance or order of the Council or any
committee thereof, or which may be required by any person or
persons contracting with the City in its corporate capacity, and
which, by law, usage or agreement the City is to be at the expense
of drawing. It shall also be his duty to commence and
prosecute all actions and suits to be brought by the City before
any tribunal in the City or State of Virginia, whether in law or
in equity; and also to appear and defend and advocate the rights
and interests of the City, or any of the officers thereof, in any
suit or prosecution, for any act in the discharge of their official
duties, wherein any estate, right, privilege, ordinance, or act of
the City government may be brought in question, and when the
Mayor shall direct the prosecution for a nuisance, he shall appear
for the prosecution when the case shall come into the Corporation
Court and shall perform such other duties as are or
may be required of him by any ordinance or resolution of the
Council.
It shall be the duty of the City Attorney to assist in the prosecution
of all cases arising under the Zoning Ordinance, Building
Code and License Ordinances when directed by the Council or
requested so to do by the City Manager.
The City Attorney shall promptly account for and pay over to
the City Collector any and all funds belonging to the City, collected
or received by him and shall at the same time of turning
over such money to the City Collector, or immediately thereafter,
furnish the City Auditor with an itemized statement showing
from whom and for what account said money was received.
At the close of each fiscal year, the City Attorney shall submit
to the Council a written report showing the state and condition
of all the civil cases pending in which the City is interested.
It shall be the duty of the City Attorney to attend all meetings
of the Council, unless excused by the presiding officer.
He shall prepare a draft of all resolutions and ordinances to
be submitted to the Council, and shall inspect all matter spread
upon the Journal and Ordinance book before the same is signed.
The City Attorney shall attend all meetings of the committees
of the Council when notified so to do by any member of such
committee or by the Clerk of the Council.
Sec. 60. City attorney—salary.
The salary of the City Attorney shall be fixed by the Council
and shall be in full compensation of his services. When the
duties of his office require his attendance out of the City his reasonable
traveling expenses shall be allowed him.
CHAPTER VIII.
City Collector.
Sec. 61. City collector—election and compensation.
A City Collector shall be elected by the Council for a term of
two years and be removable at the will of the Council. His compensation
shall be fixed by the Council. He shall furnish such
bond as is required of him by the Council. He shall appoint
such deputies as may be necessary subject to the approval of the
City Council. Such deputies shall give bond as required by the
Council.
Sec. 62. City collector—duties.
City Collector shall collect all revenues of the City and moneys
from persons owing the same to the City except property
taxes, business, professional, and occupational license taxes.
He shall cause all gas and water meters to be read and shall
notify each debtor of the amount of water and gas bills due by
such debtor to the City and that the amount is due and payable
not later than the 10th day of the month or quarter for which
the bill is rendered. He shall supply the Superintendent of Public
Utilities with a list of delinquents not later than the 25th day
of each month or quarter, as the case may be, except when such
days may fall on Sunday, and then on the following day, but the
furnishing of such list of delinquents, as aforesaid, shall not relieve
the City Collector of the responsibility of the collection of
said delinquent bills.
The City Collector shall keep an accurate account of all collections
made by him and shall deliver the moneys collected by
him daily to the City Treasurer, together with a statement showing
the sources from which these funds were derived.
CHAPTER IX.
City Purchasing Agent.
Sec. 63. City purchasing agent—term of office.
There shall be elected by the City Council a City Purchasing
Agent for a term of two years who shall be removable at the discretion
of the Council.
Sec. 64. City purchasing agent—duties.
The City Purchasing Agent shall make purchases of every
kind and character necessary, for or on behalf of the City of
Charlottesville, and no purchases shall be made except upon the
written order of the said Purchasing Agent, or his duly authorized
agent, except when specially authorized by the Council, or
as otherwise provided by law.
Sec. 65. City purchasing agent—requisitions for supplies—how
approved.
All officers or department heads of the City, or other persons
in the employ of the City, entitled to and needing materials, supplies,
printing or other articles of merchandise or equipment in
the operation of their respective departments and for the transaction
of the business of the City shall make requisition for the
same to the City Purchasing Agent on such forms and in such
manner and at such time as the City Purchasing Agent, may prescribe,
and all such requisitions must be approved by the City
Manager.
Sec. 66. City purchasing agent—available appropriation
necessary—competition.
The City Purchasing Agent shall not furnish any supplies for
any department of the City unless there be to the credit of such
department on the books of the City Auditor an available appropriation
sufficient to pay for such supplies. Before making any
purchase or sale in the amount in excess of $100.00, the City
Purchasing Agent shall give notice for bids. Whenever practicable
the City Purchasing Agent shall furnish standard specifications
to the bidders.
Sec. 67. City purchasing agent—sales of material and
personal property.
It shall also be the duty of the City Purchasing Agent to make
sales of material or personal property of the City, authorized to
be sold, and he shall keep an accurate account thereof in his office,
from which he shall report in detail such sales to the City
Auditor and all moneys derived from the sale of such property
so far as practicable, shall be collected by the City Collector.
Sec. 68. City purchasing agent—city contracts—how
signed.
The City Purchasing Agent shall sign all contracts covering
purchases or sales of supplies which he is authorized to make, except
as otherwise provided by the Council.
Sec. 69. City purchasing agent—further duties.
The said Purchasing Agent shall perform such other duties
as may be required of him by the Council.
CHAPTER X.
City Auditor.
Sec. 70. Auditor—his election—term—salary.
The Council shall elect one City Auditor who shall hold his office
for two years and be removable at the will of the Council.
His salary shall be fixed by the Council.
Sec. 71. Auditor—general duties.
The Auditor shall superintend the fiscal affairs of the City,
and shall manage the same in the manner required by the Council.
Sec. 72. Auditor—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. He
shall make such reports as are required of him by State law.
Sec. 73. Auditor—supervision over other officers.
He shall have the supervision of the fiscal affairs of all departments
and officers of the City, who shall collect, receive or disburse
the public moneys, or who are charged with the custody or
management thereof, and may, at any time, require from any of
them an account in writing of any or all moneys or property of
the City intrusted to them or under their control; and he shall
immediately, upon the discovery of any default, irregularity or
delinquency, report the same to the Council. He shall have
unless otherwise provided by State law.
Sec. 74. Auditor—quarterly reports.
The Auditor shall prepare and submit to the Council at the
first meeting in each quarter a report showing according to the
classification in the budget except items designated thereon as
fixed charged,
(1) The budget estimate; (2) the amount appropriated for
the past quarter; (3) the amount expended during the past quarter
and (4) the amount expended to date.
In addition to the above Quarterly Report, the Auditor shall
on or before the 20th day of the month prepare and publish a
condensed statement of the condition of the City's finances as of
the end of the previous quarter.
Sec. 75. Auditor—annual report.
The Auditor shall make out and deliver to the Council, within
thirty days after the close of each fiscal year, a full and detailed
statement of all receipts and expenditures during said year. Said
report shall be accompanied by a statement showing under disbursements
the amount estimated in the budget, the amount of
appropriations, the amount expended, and the balance or deficit
in the account as compared with the budget estimate for each department
of the City, and under receipts shall show the amount
estimated in the budget, the amount received during the fiscal
year and the balance anticipated and such information as the
Council may direct. The items shown shall conform to the classification
in the annual budget, and said report, shall be spread
upon the Journal upon adoption by the Council.
Sec. 76. Auditor—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. All accounts so audited
and approved by the auditor shall be paid by drawing his warrant
on the Treasurer, countersigned by the Mayor, stating to
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. 77. Auditor—warrants for salaries of city officers.
Upon the last day of each month, or not more than five days
prior thereto, the Auditor shall draw a warrant to each officer
of the City who receives a fixed annual salary, for a sum equal
to one-twelfth part of such salary.
The Auditor shall issue weekly a warrant for the amount of
payrolls submitted by the various departments for all employees
receiving their wages weekly. Said warrant shall be payable to
the Treasurer who shall pay each employee in cash.
Sec. 78. Auditor—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.
Sec. 79. Auditor—monthly report of receipts and disbursements.
The Auditor shall prepare as soon after the close of each
month as may be practicable, a statement showing the receipts
and disbursements for the previous month. Said statement shall
show under disbursements in separate parallel columns the
amount estimated in the budget, the amount appropriated, the
amount expended during the preceding month, the amount expended
to date, for the current fiscal year and the unexpended
balance or deficit of each appropriation. And under receipts shall
show the amount estimated in the budget, the amount collected
during the current month, the amount collected to date and the
balance anticipated or overage based upon the budget estimate.
He shall furnish a copy of the same to each member of the Council
and the City Manager.
Sec. 80. Auditor—secretary of the sinking fund commission.
It shall be the duty of the Auditor, as one of the Sinking Fund
Commissioners, to act as secretary of said commission.
Sec. 81. Auditor—general duties.
The Auditor shall perform such other duties as are or may
hereafter be required of him by the Council.
CHAPTER XI.
Attorney for the Commonwealth.
Sec. 82. Attorney for the commonwealth.
The term of office, duties, compensation, etc., of the Attorney
for the Commonwealth of the City of Charlottesville shall be the
same as those prescribed for him by the laws of the State, except
as modified by the Council.
Sec. 83. Attorney for the commonwealth—further duties.
In addition to the duties prescribed in the preceding section it
shall be the duty of the Attorney for the Commonwealth to represent
the City in the prosecution of all cases arising under criminal
and quasi criminal ordinances, including those under the Zoning
Ordinance, Building Code and License Ordinances. The Attorney
for the Commonwealth may call upon the City Attorney
to assist him in all cases in which the construction, interpretation
or validity of a City Ordinance is involved.
CHAPTER XII.
Commissioner of Revenue.
Sec. 84. Commissioner of revenue—election—term—
duties, etc.
The Commissioner of Revenue for the City of Charlottesville
shall be elected at such time and in such manner as is or may hereafter
be fixed by law. He shall be the assessor of the City of
Charlottesville in accordance with the constitution and laws of
the Commonwealth of Virginia and with the ordinances, rules,
and regulations of the City Council not inconsistent therewith.
Any vacancy arising in said office shall be filled in accordance
with the laws of the State. He shall give bond in such a sum as
the Council may require.
Sec. 85. Commissioner of revenue—to begin making assessments
January first.
It shall be the duty of the Commissioner of Revenue annually
on the first day of January of each year to begin and proceed
without delay to ascertain the value of all real estate and personal
property and list all other property of whatever character, based
upon the last general reassessment made prior to such year, subject
to such changes as may have been lawfully made, and any
other means provided by law, subject to taxation and license, and
to otherwise discharge the duties of his office as prescribed by the
laws of the State, the charter and ordinances of the City and the
rules and regulations of the City Council.
Sec. 86. Commissioner of revenue—office—records—
duties.
The Commissioner of Revenue shall perform all the duties in
relation to the assessment of property for the purpose of levying
the City taxes that may be ordered by the Council. He shall keep
his office in some convenient place in said City, which shall be
provided by the City and shall keep therein such books, schedules
and records and in such manner as the City Council or the City
Auditor may direct and prescribe, which books, records and other
papers shall be subject to the inspection and examination of the
City Auditor and the City Attorney, and the City Treasurer.
Sec. 87. Commissioner of revenue—duties—books, etc.
—how furnished.
He shall use the land and personal property books, and other
tax books and forms sent him by the State Department of Taxation
as provided by law, unless lawful changes in such books and
forms are directed by the Council, in which case, he shall use the
books and forms prescribed and furnished by the City. He shall
be furnished by the City with all other books, forms and all necessary
printing, stationery, office supplies and equipment for the
proper conduct of his office.
Sec. 88. Commissioner of revenue—assessment when
lot subdivided.
When a lot becomes the property of different owners in several
parcels, the value at which the whole had been assessed shall be
distributed among the several parcels having regard to the value
of each parcel compared with that of the whole lot.
Sec. 89. Commissioner of revenue—assessment of personal
property—returns—penalties.
(1) In ascertaining what personal property is to be listed for
taxation, who is to list the same, and when and how it is to be
listed, the provisions of the laws of the State of Virginia shall be
followed.
(2) The Commissioner shall furnish to each person forms for
lists of valuations as provided for by said State laws, who shall
within the time and in the manner therein mentioned, make out
and deliver to the commissioner sworn statements of all personal
estate, moneys, contracts and credits which such person is required
by the laws of Virginia and this chapter to list. The form
of oath shall be the same as is prescribed by the law of the State,
and the Commissioner shall have power to administer the same.
(3) If the Commissioner is not satisfied with the tax-payer's
valuation of property, he may upon his own view, or such information
as he may obtain or possess, adopt what he deems a fair
and proper valuation thereof; provided that where it is practicable
he shall give an opportunity to the tax-payer to be heard before
his books are returned as hereinafter provided.
(4) If any person shall fail within the time mentioned in this
chapter to deliver the lists in the manner prescribed therein, he
shall be fined not exceeding ten dollars. If any person shall refuse
to exhibit to the Commissioner any property listed or required
by this chapter to be listed by him, in order that a fair
valuation thereof may be assessed, he shall pay a fine of not less
than twenty nor more than one hundred dollars.
Sec. 90. Commissioner of revenue—preparation, disposition,
etc., of land and personal property books.
The land and personal property books shall be made up, examined,
certified and delivered as provided by the laws of the
Commonwealth of Virginia.
Sec. 91. Commissioner of revenue—assessment of license
taxes—issuance of licenses, etc.
It shall be the duty of the Commissioner of the Revenue to
assess the taxes on licenses, and to issue licenses to carry on or
practice any business, trade or profession for which a license is
required. In assessing the taxes on and issuing licenses, he shall
be guided by the laws in force for the assessment of license
taxes for the State, except where it is otherwise provided by an
ordinance of the City.
It shall be the duty of the Commissioner of Revenue to report
in writing to the Mayor each case of default as soon as it comes
to his knowledge and if there be no default he shall so report.
It shall be the duty of the Mayor immediately upon receipt of
such report to detail a policeman and cause such delinquents to
be summoned before the Civil and Police Justice to show cause
why they should not be fined under the provisions of the license
tax ordinances.
Sec. 92. Commissioner of revenue—compensation.
For his services the Commissioner of the Revenue shall receive
such compensation as the Council may direct. He shall also
be allowed the fees for making transfers, issuing licenses and
such like work as are allowed 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 the State laws.
CHAPTER XIII.
City Treasurer.
Sec. 93. Treasurer—office and duties.
The Treasurer shall keep his office in such place as provided
for him by the Council. He shall be 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. His election, term, oath, shall be as
fixed by the State laws except as modified by the Council.
Sec. 94. Treasurer—city to furnish books, stationery,
equipment, etc.
The Council shall at the expense of the City provide for the
Treasurer suitable books and stationery; appropriate cases and
other furniture for the safe and convenient keeping of all books,
documents and papers in his custody; and also such other office
equipment and appliances, including typewriters and adding machines,
as in their judgment may be reasonably necessary for the
proper conduct of his office.
Sec. 95. Treasurer—to keep record of receipts and
disbursements.
He shall keep a record of all receipts and disbursements in a
manner as may be prescribed by the Council.
Sec. 96. Treasurer—disbursements.
The Treasurer shall pay no money out of the Treasury except
on the warrant of the Auditor, duly countersigned by the Mayor
or acting Mayor. He shall receive from the Auditor weekly a
warrant for the amount of payrolls for all City employees, receiving
their wages weekly and pay said employees in cash.
Sec. 97. Treasurer—inspection of records.
All records, funds and accounts of the City shall be open to
the inspection of the Mayor, members of the Council, Auditor,
may direct.
Sec. 98. Treasurer—custodian of bonds, notes, etc.
The Treasurer shall be the custodian of all bonds, notes, choses
in actions and other like assets of the City.
Sec. 99. Treasurer—interest bearing deposits—certificates
of deposit.
When directed so to do by the Chairman of the Finance Committee,
the Treasurer shall place funds of the City on certificates
of deposit or interest bearing deposit in any of the Banks of the
City approved by the Council until such time as said funds are
necessary to meet the City's obligations.
Sec. 100. Treasurer—funds of the city.
The funds of the City shall be deposited to the credit of the
City of Charlottesville by the Treasurer in such Bank or Banks
as the Council may direct and such Bank or Banks shall give
bond in such sum or sums, as the Council shall fix.
Sec. 101. Treasurer—school funds.
All taxes, levies and other sums received by the Treasurer for
public school purposes shall be credited by the Treasurer to the
order of the School Board of the City of Charlottesville, and paid
out by him on warrant of said Board. Such warrants are to be
signed by the Clerk of the Board and countersigned by the Chairman
thereof. All such moneys shall be deposited to the credit of
the School Board of the City of Charlottesville.
Sec. 102. Treasurer—reports.
The Treasurer shall report to the Auditor daily on forms prescribed
by the Auditor, all collections for the preceding day showing
the source from which said funds are derived, and such other
reports as are, or may be required of the Treasurer by law or by
the Council.
The Treasurer shall also make out a quarterly report of the
receipts and expenditures, together with a balance sheet of the
City for the preceding quarter, which report shall state on what
account the expenditures were made, and from what source or
by the Council, or in such manner as the Council may direct,
shall be published in one or more of the newspapers of the City
on or before the twentieth day of December, March, June and
September of each year.
Sec. 103. Treasurer—duties to withhold wages.
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 the indebtedness shall be less than the amount of wages
due, in which case he may pay over the excess.
Sec. 104. Treasurer—duty to collect taxes, etc.
It shall be the duty of the Treasurer to collect all taxes, assessments
and penalties and such other income and revenue as he
may be required to collect by the Council.
Sec. 105. Treasurer—power of levy, distress, etc.
For the purpose of collecting taxes, assessments and other dues
to the City the Treasurer shall have the rights of distress, levy,
lease and garnishment as provided by the State law. All property
subject to levy to satisfy taxes due to the State may be taken
to satisfy taxes due to the City.
When it becomes necessary for the Treasurer to levy or distrain
upon the property of any delinquent taxpayer, the same
shall be sold at public auction (unless the claim is satisfied prior
to sale) on the premises of said tax payer, or at such public place
as the Treasurer may deem best to secure a fair price for such
property. From the proceeds of such sale he shall satisfy the tax
due the City and all costs of collection and shall pay the residue
over to the said delinquent tax payer, taking his receipt therefor.
Sec. 106. Treasurer—tax tickets.
It shall be the duty of the Treasurer to make off from the
books of the Commissioner of Revenue, for each tax payer shown
therein a tax ticket according to forms prescribed by the State
Department of Taxation. Upon collecting such tax he shall deliver
to the tax payer such tax ticket showing plainly the date of
payment.
Sec. 107. Treasurer—to mail bills to tax payers.
The Treasurer shall as soon as may be possible in each year,
not later than December first, send by United States mail to each
tax payer assessed with as much as five dollars in taxes for that
year, as shown by books in his office, a bill or bills for such taxes
in the form prescribed by the State Department of Taxation.
Sec. 108. Treasurer — when to receive taxes — when
penalty attaches—to call on each tax payer—when
he may distrain.
The Treasurer shall commence to receive taxes as soon as he
receives copies of the Commissioner's book and to continue to receive
the same up to and including the fifth day of December of
each year.
Any person failing to pay taxes on or before the fifth day of
December shall incur a penalty thereon of five percentum, which
shall be added to the amount of taxes due from such tax payer,
which, when collected by the Treasurer, shall be accounted for in
his settlements.
It shall be the duty of the Treasurer after the fifth day of December
to call upon each person chargeable with taxes who has
not paid the same prior to that time, or upon the agent, if any, of
such person resident within the City for the payment thereof;
and upon failure or refusal of such person or agent to pay the
same, he shall proceed to collect them by distress or otherwise.
Should it come to the knowledge of the Treasurer that any
such person or persons owing such taxes is moving or contemplates
moving from the City prior to the fifth day of December,
he shall have the power to collect the same by distress or otherwise
at any time after such bills shall have come into his hands.
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.
An additional penalty of five percentum shall be collected upon
all taxes which may have heretofore not been paid or may hereafter
remain unpaid, after the fifteenth day of June in the year
next succeeding that in which such taxes have been or may have
upon the taxes and the prior penalty of five percentum;
and interest at the rate of six percentum per annum shall be collected
upon the principal and penalties of said taxes from the sixteenth
day of June in the year after which such unpaid taxes
were assessed, which penalties and interest shall be collected and
accounted for by the Treasurer along with the principal of such
taxes.
Sec. 110. Treasurer—to make out lists of uncollectible
taxes and delinquents.
The Treasurer after ascertaining which of the taxes and levies
assessed can not be collected, shall, not later than the first day of
July in each year, make out a list as follows:
(1) A list of real estate on the Commissioner's land book improperly
placed thereon or not ascertainable, with the amount of
taxes and levies charged thereon.
(2) A list of other real estate which is delinquent for the nonpayment
of the taxes and levies thereon.
(3) A list of such of the taxes and levies assessed on tangible
personal property, machinery and tools, and merchants capital or
other subjects, segregated for local taxation exclusively, except
real estate, as he is unable to collect.
Sec. 111. Treasurer—delinquent list to speak as of
June fifteenth of each year—form of lists—oath.
The lists mentioned in the preceding section shall speak as of
June fifteenth of each year—that is to say, such lists shall conform
to the facts as they existed on such date.
Such lists and also, except as herein provided, the form of the
oath to be taken by the Treasurer by which each list shall be
verified shall be as prescribed by the State Department of Taxation.
The oath shall declare that the Treasurer verily believes
that no part of the taxes embraced in such lists has been or could
have been collected by him. But the Treasurer in returning the
list of real estate in the paragraph (2) in the preceding section
shall, at the foot of such list subscribe the following oath:
"I . . . . . . . . . . . . . . . . . . Treasurer of the City of Charlottesville,
do swear that the foregoing lists is, I verily believe, correct
real estate therein mentioned is returned delinquent; that I have
endeavored to rent out the respective tracts and lots of land publicly
after due advertising, and failing in that, privately, as required
by law, and have been unable to do so; that there was, and
is, no tenant upon any of the respective lots and tracts of land
from whom said taxes could or can be collected; and that I have
otherwise used diligence to find property within my City liable to
distress for said taxes and have found none."
Sec. 112. Treasurer—delinquent lists to be submitted
to the council—advertisement.
A copy of each of the three lists mentioned in Section 110 hereof
shall be submitted by the Treasurer to the Council. Such lists
shall be submitted at the first meeting of the Council held after
the Treasurer shall have completed the lists.
The Council or a committee thereof, together with the Auditor
and Commissioner of Revenue shall examine said lists and if the
same are found 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 books accordingly.
The Council shall cause such lists mentioned in paragraphs 2
and 3 of Section 110, or such parts thereof as may be deemed advisable,
to be published for two successive weeks in a newspaper
in the City, or in handbills to be posted generally throughout the
City, and at the front door of the Courthouse for three successive
terms of the court.
Sec. 113. Treasurer — list of delinquent lands transmitted
to clerk of corporation court—recordation—
monthly reports of collections.
A certified copy of the list mentioned in paragraph 2 of Section
110 hereof shall be transmitted by the Treasurer to the Clerk
of the Corporation Court not later than the first day of July in
each year, and such Clerk shall forthwith record such list in a
of the persons against whom such taxes on real estate are assessed.
All officers thereafter collecting any such delinquent taxes on
real estate shall at least monthly transmit to such Clerk a list of
such collections under oath, and such Clerk shall record and index
such list of payments as provided by law.
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.
The Treasurer shall continue to collect the taxes shown on the
delinquent list for one year following June fifteenth of the year
as of which such delinquent lists speak.
At the expiration of such year the Treasurer shall again submit
a copy of each of the three lists mentioned in Section 110 hereof
to the Council at its first meeting held after the expiration of
such year. Such lists so re-submitted shall show the changes
which have occurred since June fifteenth of the preceding year;
and the Council shall thereupon authorize and require the Treasurer
to continue to collect such delinquent taxes or may place the
same in the hands of the Sergeant or the Constable or employ a
delinquent tax collector to make such collections, upon such
terms as may be agreed upon. Such officer or collector shall have
all the power and authority to enforce collection by levy, distress
or otherwise as the Treasurer has under the law. When any
such collections shall be made by such officer or collector the same
shall be reported by him to the Council and the money shall be
paid over to the Treasurer who shall be held accountable therefor.
All lists of uncollected taxes shall be returned by such officer
or collector to the Council which shall deliver them to the
Treasurer, who shall thereafter be held accountable for any collections
thereunder.
Sec. 115. Treasurer—sale of delinquent lands.
The Treasurer shall give notice and sell the real estate shown
on said delinquent lists, unless the taxes thereon and the costs be
paid to him before the sale, in the manner provided by statute
redemption and the right of any purchaser to obtain title to lands
purchased, as provided by law.
Sec. 116. Treasurer—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. And if the Treasurer shall return in any such
list any real estate as delinquent, when he had either found, or
by using due diligence might have found, sufficient property 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. 117. Treasurer—compensation.
The Treasurer shall receive such annual salary payable in
equal monthly installments as may be fixed by the Council, which
salary shall be in lieu of all fees and commissions for services
rendered the City, provided, however, that on taxes on property
collected for the State prior to January 1st, 1927 and thereafter
collected for the City, the same commissions as then allowed by
law for the collection of State revenue shall be paid to the Treasurer.
CHAPTER XIV.
Weights and Measures.
XIV. Sealer of Weights and Measures.
Sec. 118. City sealer—appointment—term—compensation,
etc.
The Council may appoint a City Sealer of weights and measures,
who shall hold office at the will of the Council and shall receive
such salary as the Council may prescribe.
Sec. 119. City sealer—set of weights and measures—
sealed and certified—to be kept.
The Council shall procure at the expense of the City and keep
at all times a set of weights and measures and other apparatus
as complete, and all such materials and construction as the State
Superintendent of weights and measures may direct. Such
weights and measures, and other apparatus shall be deposited
with and preserved by the City Sealer as public standards for
the City.
Sec. 120. City sealer—powers and duties.
When not otherwise provided by law the City Sealer shall have
the power and it shall be his duty within his City to inspect, test,
try, and ascertain if they are correct all weights, measures, and
weighing or measuring devices kept, offered, or exposed for sale,
sold, or used or employed within the City by any proprietor,
agent, lessee, or employee in proving the size, quantity, area, or
measurement of quantities, things, produce, or articles for distribution
or consumption purchased or offered or submitted by
such person or persons for sale, hire, or award; and he shall have
the power to and shall from time to time weigh or measure and
inspect packages or amounts of commodities of whatsoever kind
kept for the purpose of sale, offered or exposed for sale, or sold
or in the process of delivery, in order to determine whether the
same contain the amounts represented, and whether they be kept,
offered, or exposed for sale or sold in a manner in accordance
as he may deem necessary see that all weights, measures, and
weighing or measuring devices used in the City are correct. He
may for the purpose above mentioned, and in the general performance
of his official duties, enter and go into or upon, and
without formal warrant, any stand, place, building, or premises, or
stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery
wagon, or any person whomsoever, and require him, if
necessary, to proceed to some place which the sealer may specify,
for the purpose of making the proper tests. Whenever the City
Sealer finds a violation of the ordinances or statutes relating to
weights and measures, he shall cause the violater to be prosecuted.
The City Sealer shall have such other powers and perform
such other duties as provided by law.
The City Sealer shall perform such other duties as may be required
of him by the Council or the City Manager.
Sec. 121. City sealer—sealing or marking weights and
measures to indicate correspondence with standards.
Whenever the City Sealer compares weights, measures, or
weighing or measuring devices and finds that they correspond or
causes them to correspond with the standards in his possession,
he shall seal or mark such weights, measures, or weighing or
measuring devices with appropriate devices to be approved by
the State Superintendent of weights and measures.
Sec. 122. City sealer—condemnation and destruction of
incorrect weights and measures—condemnation for
repairs.
The City Sealer shall condemn and seize and may destroy in
correct weights, measures, or weighing or measuring devices
which, in his best judgment, are not susceptible of satisfactory
repair, but such as are incorrect and yet, in his best judgment
may be repaired, he shall mark or tag as "condemned for repairs"
in a manner prescribed by the State Superintendent of weights
and measures. The owners or users of any weights, measures,
or weighing or measuring devices of which such disposition is
made shall have the same repaired and corrected within ten days,
and they may neither use nor dispose of the same in any way,
measures, or weighing or measuring devices which have been
"condemned for repairs," and have not been repaired as required
above, shall be confiscated by the Sealer.
Sec. 123. City sealer—record to be kept and annual
and special reports to be made by City sealer.
The City Sealer shall keep a complete record of all of his official
acts, and shall make an annual report to the Council, and an
annual report duly sworn to, on the first day of October, to the
State Superintendent of weights and measures, on blanks furnished
by the latter, and also, any special reports that the latter
may request.
Sec. 124. City sealer—seizure for use as evidence of
false or unsealed weights, measures, etc.
The City Sealer is hereby authorized and empowered to seize
for use as evidence, without formal warrant, any false or unsealed
weight, measure, or weighing or measuring device or package
or amount of commodity found to be used, retained or offered
or exposed for sale or sold in violation of law.
Sec. 125. City sealer—punishment for hindering.
Any person who shall hinder or obstruct in any way the City
Sealer in the performance of his official duties shall be guilty of
misdemeanor, and upon conviction thereof, shall be punished by
a fine of not less than twenty, nor more than two hundred dollars,
or by imprisonment in jail for not more than three months,
or by both such fine and imprisonment.
Sec. 126. City sealer—punishments prescribed for certain
offenses.
Any person who, by himself or by his servant or agent, or as
the servant or agent of another person, shall offer or expose for
sale, sell, use in the buying or selling of any commodity or thing
or for hire or award, or retain in his possession a false weight or
measure or weighing or measuring device or any weight or measure
or weighing or measuring device, which has not been sealed
by the State Superintendent or by a sealer or deputy sealer of
condemned weight, measure, or weighing or measuring device
contrary to law, or remove any tag placed thereon by the State
Superintendent or by a sealer of weights and measures; or who
shall sell or offer or expose for sale less than the quantity he represents,
or shall take or attempt to take more than the quantity
he represents, when, as the buyer, he furnishes the weight, measure,
or weighing or measuring device by means of which the
amount of commodity is determined; or who shall keep for the
purchase, or sale, offer or expose for sale, or sell any commodity
in a manner contrary to law; or who shall violate any provision
of this chapter for which a specific penalty has not been provided;
or who shall sell or offer for sale, or use or have in his
possession for the purpose of selling or using any device or instrument
to be used to or calculated to falsify any weight or
measure shall be guilty of a misdemeanor, and shall be punished
by a fine of not less than twenty or more than two hundred dollars,
or by imprisonment for not more than three months, or by
both such fine and imprisonment.
CHAPTER XV.
Heads of Departments.
XV. Inspectors, Etc.
Sec. 127. Appointment—term—compensation.
There shall be appointed by the City Manager, a City Engineer,
a Building Inspector, a Plumbing Inspector, and a City
Electrician, subject to the approval of the Council.
There may be appointed by the City Manager, with the approval
of the Council a Superintendent of the Gas Department,
a Superintendent of the Water and Sewer Department, a Superintendent
of the Public Service Department, a Superintendent of
Parks and Cemeteries and such other officials and assistants as
he may consider necessary for the proper conduct of the affairs
of the City under his management and for which he is responsible.
One or more of such positions may be held and exercised
by the same person. These so appointed shall hold office at the
will of the City Manager.
The City Manager may, in order to promote the efficient operation
of the affairs of the City under his management and control,
create new departments, and consolidate or abolish existing
departments.
Sec. 128. Heads of departments and inspectors—their
duties.
The officials appointed under this chapter, shall in addition to
the duties fixed by ordinances and resolutions of the Council,
perform such other duties as may be required of them by the
City Manager.
CHAPTER XVI.
Sinking Fund.
Sec. 129. 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 and Treasurer shall constitute a
board to be called the Sinking Fund Commission.
Sec. 130. 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. 131. 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 the
Sinking Fund Commission.
Sec. 132. Sinking fund.
The Council shall set apart from the resources of the City such
proportion of its annual revenues as will be sufficient to meet
each issue of bonds either heretofore or hereafter issued as the
same shall become due. 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 Commission. The fund thus set apart and
invested, together with the annual interest and profits therefrom,
shall be called the sinking fund, and shall be kept for, and is
hereby dedicated to, the payment of the bonded debt of the City,
and shall not be applied by the Council to any other purpose.
Sec. 133. Sinking fund—purchase of bonds for funds.
The Commission shall apply all appropriations, interest and
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
of the Sinking Fund Commission 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 provisions 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.
Sec. 134. Sinking fund—annual report of.
The Sinking Fund Commission shall, through its Treasurer
not later than the fifteenth 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 audited and approved by the Secretary of the
Sinking Fund Commission before it is presented to the Council.
Sec. 135. 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.
Sec. 136. Bank safety deposit box—who to be present
when opened.
The bank safety deposit box of the Sinking Fund Commission
shall be opened only in the presence of the Treasurer, or his deputy,
and one member of the Sinking Fund Commission other than
the Treasurer.
CHAPTER XVII.
City Deeds, Contracts, Etc.
Sec. 137. City deeds, contracts, etc.—how executed.
All papers duly authorized to be executed in the name of and
on behalf of the City shall, unless otherwise provided by ordinance
or resolution of the Council, be signed as follows:
Deeds, bonds and other instruments requiring the seal of the
City to be affixed thereto shall be signed by the Mayor and the
seal shall be attested by the Clerk of the Council.
Notes or other similar evidences of debt shall be signed by the
Mayor or by the Finance Committee.
The City Purchasing Agent shall sign all contracts covering
sales or purchases which he is authorized to make.
All other contracts shall be signed by the City Manager.
CHAPTER XVIII.
Names and Location of Wards and Streets
and Numbering of Houses.
Sec. 138. Wards—names and boundaries.
The territory within the corporate limits of the City shall be
divided into four wards, whose boundaries shall be as follows:
First Ward shall embrace all territory lying east of a line extending
from the intersection of the center of Main and Fifth
Streets, east as follows: Southwardly from said intersection of
Main and Fifth Streets, east, along the centers of Fifth Street,
southeast, and projected in same course to the corporate limits
in the south; westwardly from said intersection of the center of
Main and Fifth Streets east, along the center of Main Street to
the intersection of the center of Main and Fourth Streets, east,
thence northwardly along the center of Fourth Street, northwest
and projected in same course to the corporate limits on the
north.
Second Ward shall embrace all the territory lying north of the
center of Main Street and west of the First Ward as defined
above and east of the center line to Tenth Street, N. W., projected
in a northerly direction to the corporate limits.
Third Ward shall embrace all territory lying south of Main
Street and west of the ward defined above, and east of a line extending
from the center of Main Street southwardly along the
center of Ninth Street to its intersection with the center line of
Grove Street, to the corporate limits.
Fourth Ward shall embrace all the territory in the western part
of said corporate limits which is not embraced within the boundaries
of the Second Ward and the Third Ward as above defined.
Sec. 139. Voting places.
Each ward shall constitute an election district. Elections in
each ward shall be held at such voting place as may from time to
time be designated by the Council. The voting places as now
constituted shall so continue unless and until changed by the
thirty days next preceding any general election.
Sec. 140. Numbering and naming streets.
The streets of the City shall retain their present names until
changed by the Council.
Main Street shall be the east and west line from which streets
shall be named. Those to the north of Main Street, as north,
and those to the south of Main Street, as south, i.e. the portion
of First Street north of Main Street shall be known as North
First Street, and that portion south of Main Street shall be
known as South First Street.
The meridian street shall be North First or South First
Street, as indicated by its position north or south of Main Street.
(First Street was known many years ago as Thirty-Third or
Green Street).
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. For example the first street east of First Street shall
be known as North Second Street, East, or South Second Street
East, according to whether it is north or south of Main Street.
Sec. 141. Houses—how numbered.
All houses fronting on the public streets of the City of Charlottesville
shall be numbered in conformity with the following:
(1) On streets running parallel with Main Street the odd
numbers shall apply to the north sides, and the even numbers to
the south sides. On streets running parallel with First Street
the odd numbers shall apply to the west, and the even numbers
to the east sides.
(2) On all streets running parallel with Main Street, the
numbering shall commence with No. 100 at First Street increasing
at the rate of 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. 142. House numbers—how established.
The City Manager 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. 143. 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 chapter,
shall, upon conviction, be fined not less than two nor more than
five dollars.
CHAPTER XIX.
Streets and Sidewalks.
Sec. 144. Streets and sidewalks—general provisions.
The term "streets" when used in these ordinances shall be held
to mean public streets, sidewalks, alleys, lanes and highways of
the City, except where by the context or by reasonable intendment
sidewalks are not included.
Sec. 145. Streets and sidewalks—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 Manager, when in his opinion such street
or sidewalk should be so graded as to raise or lower the same
materially with reference to the property of abutting lot owners,
to make his plans of such improvement, showing accurately in
feet and tenths the elevation or lowering of the street with reference
to such adjacent property.
Before proceeding with the work the City Manager shall obtain
from the owners of the property to be affected by such
change of grade, a written waiver of all damages. If such property
owners refuse to sign such waiver the City Manager shall
report the situation to the Council and receive authority from
that body before proceeding with the work.
Sec. 146. Streets and sidewalks—laying sidewalks.
Whenever any citizen or property owner desires a sidewalk to
be laid along the street boundary of property he shall make written
application to the Council through the City Manager agreeing
to pay two-thirds of the cost of such construction and waiving
all damages by reason of such construction. The City
Manager shall have an estimate made of the cost of such improvement,
and upon the applicant making a deposit of two-thirds
of such estimated cost, the City Manager shall present said
application to the Council for its action.
Upon completion of the work the City Manager shall cause
an account of the cost of the work to be made and delivered to
one copy to the City Collector, one to the Department
of the City under whose supervision the work was done, and one
to the applicant. Said statement shall be credited by the deposit
and the residue, if any, shall be returned to the applicant.
Whenever any citizen or property owner desires to lay a sidewalk
for themselves in a City street, he shall make application to
the City Manager in writing who shall grant such permission
upon condition that the applicant make such improvement at his
own expense and do the work under the supervision of the City
Manager.
Where no application is received the Council may require a
sidewalk to be laid as provided by the State law or may direct a
sidewalk to be laid in such other manner as it may specify not in
conflict with the State law.
Sec. 147. Streets and sidewalks—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 surface of the sidewalk, or
street, or excavate in any public street or alley of the City without
written permission of the City Manager, who shall not refuse
permission to any applicant except for cause, but in case of refusal
the applicant may appeal to the Council. Before such permit
is granted the City Manager may require a deposit sufficient
to pay for resurfacing the street to be disturbed, the amount of
such deposit to be determined by the City Manager. It shall be
the duty of every person to whom a permit to remove a pavement
or street surface or excavate in any street or alley, shall
have been granted, to institute at once and prosecute without delay
the work for which such permit was obtained, and promptly
on its completion give written notice thereof to the City Manager.
No pavement, sidewalk, or street surface shall be replaced, after
being taken up, by any person except under the direction of the
City Manager. If the applicant fails to resurface the street disturbed
promptly and in a manner approved by the City Manager,
the City Manager is authorized to cause said work to be done at
the expense of the applicant.
Any person found guilty of taking up any pavement, sidewalk,
City without the written permission of the City Manager shall,
upon conviction, be fined not less than $5.00 nor more than
$10.00 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 this section shall place guards or barriers around such
excavation and shall protect it by warning lights at night, and
shall be responsible for damages to persons or property caused
by such excavations until taken in charge by the City Manager.
Any person failing to place such guards, barriers or lights as required
by this section, shall be fined not less than $1.00 nor more
than $10.00, 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 provisions of this section shall not apply to work done by
City forces under the supervision of the City Manager, but the
City Manager may prescribe regulations for work done on City
streets by City forces.
Sec. 148. Streets and sidewalks—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 person in charge of such work to forthwith notify the
City Manager of such exposure. For failure to give such notice
the party in default shall be liable to a fine of not less than $2.00
nor more than $25.00.
Sec. 149. Street signs, fire hydrants and monuments.
Any person who shall unlawfully deface, remove or displace
any street signs, fire hydrants or monuments marking the street
lines or City boundaries shall be punished by a fine of not less
than $10.00 nor more than $50.00, or by imprisonment in jail of
not more than thirty days, or both.
Sec. 150. Encroachments on streets.
In every case of an encroachment upon a street by a building,
wall, fence or other structure, the City Manager may require the
owner or maintainer thereof to remove the same. For failure to
make such removal in the time ordered the Civil and Police Justice
may impose a penalty of $5.00 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. 151. Entrances on sidewalks to cellars and area
ways prohibited.
No entrances in sidewalks to cellars or area ways shall hereafter
be permitted.
Every cellar or area which opens in a sidewalk shall have such
opening covered with substantial metal grating, rough-surface
metal, or metal and glass, which shall be flush with the pavement;
and no such opening to any existing cellar or area shall be
recovered, nor shall the covering thereof be repaired or renewed
except with such material and in such manner as above required.
The entrance to every cellar which opens in a sidewalk shall be
covered with two doors of equal width, without joints and so
constructed 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
side walk, nor to remain open any longer than necessary and
while in actual use. The owner or occupant of any house the
cellar or area to which does not conform to the requirements of
this section who shall, after notification by the City Manager,
fail or refuse to comply with its provisions, be fined $5.00 each
day such violation continues. Any person violating the other
provisions of this section shall be fined not less than $2.00 nor
more than $10.00 for each offense.
Sec. 152. Coal and fuel holes in sidewalks.
No opening in a street or sidewalk for fuel or coal hole shall
exceed 18 inches in diameter. Such opening shall be covered
with a substantial metal cover with a rough surface placed flush
constructed shall be in accordance with plans first approved
by the City Manager and shall not be constructed until a written
permit shall have been obtained from the City Manager.
The owner or occupant of any building, the fuel or coal hole
to which does not conform to this section, or the owner, user or
lessor of any such fuel or coal hole, who shall, after notification
by the City Manager, fail or refuse to comply with its provisions,
shall be fined $5.00 for each day such violation continues. Any
person violating the other provisions of this section shall be fined
$5.00 for each offense.
Sec. 153. Cellar, vault and coal hole openings.
Every cellar, vault, fuel or coal hole opening in a sidewalk
shall be kept closed and the cover thereof securely fastened, except
when the same shall be actually in use by some person immediately
attending the same. The owner or occupant of the
building shall be responsible for any damage to persons or property
caused by any cellar, vault or coal hole opening. For a violation
of this section the penalty shall be $5.00 for each offense,
if it be committed in the daytime, and $10.00 if the same be after
nightfall.
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 $5.00 nor more than $15.00, or imprisoned
in the City jail for not more than thirty days, or both,
and shall also be liable for damage or injury resulting from such
acts.
Sec. 154. 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 dust swept or removed from the sidewalk. Any person
violating the provision of this section shall be fined $2.50 for
each offense.
Sec. 155. Areas, cellars, etc.—defective covers.
Whenever the owner or occupant of any building to which is
sidewalk shall be notified by the City Manager that the covering
thereof is insecure or dangerous it shall be his duty at once to
repair the same. For failure to do so within five days, he shall
be fined $5.00; 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 City
Manager 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. The owner and occupant of
such building shall be responsible for damages to persons or
property caused by such defective covers.
Sec. 156. Drippings from buildings, eaves and gutters.
All buildings the eaves of which project over the sidewalk
shall be provided with gutters so that there shall be no dripping
from the eaves upon the sidewalk. All gutters, the waters from
which empty upon a street or sidewalk, shall be 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, not less than
$1.00 nor more than $5.00 for each day such violation shall continue
after notification by the City Manager or Chief of Police
to remedy the fault.
Sec. 157. Drainage from lots, gutters or spouts.
No water from any lot, gutter or spout shall be permitted to
flow across the footway of any street except in a covered drain,
the cover of which shall not be above the surface of such footway.
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 not less than
$1.00 nor more than $5.00 for each day such violation shall be
permitted to continue after notice by the City Manager or Chief
of Police to abate the same. And provided further, that in case
of failure to comply with the order of the City Manager or Chief
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. 158. Snow-breaks.
Buildings 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 City
Manager shall be fined $5.00 for each day such failure shall continue.
Sec. 159. 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 $1.00 for
each day said offense shall continue after notice by the City Manager
to abate the same.
Sec. 160. Sidewalk crossings and entrances.
Whenever in order to provide for an entrance to any property
it is necessary to cross a sidewalk or drainage ditch it shall be
the duty of the owner of the property at his own expense to provide
an entrance approved by the City Manager: (a) For the
crossing of any drainage ditch the owner shall provide a pipe or
conduit of such size and length as may be specified by the City
Manager, such pipe or conduit to be placed or installed by the
City, (b) For the crossing of any sidewalk or curb which has
been previously constructed, the owner shall remove and replace
so much of the sidewalk and/or curb as may be necessary to provide
a suitable entrance subject to the supervision and inspection
of the City Manager and no such entrance shall be constructed
until a written permit has been obtained from the City
Manager.
Sec. 161. 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 to
stand on a sidewalk or upon a street crossing. The fine for violating
this section shall be $1.00 for each offense.
Sec. 162. Trucks, etc., on sidewalks.
No person shall use any truck, wheelbarrow, bicycle or handcart
on any sidewalk, except in receiving or delivering goods
across the same. Any one violating this section shall be fined
$2.00.
Sec. 163. Electric signs.
(1) Any person, firm, or corporation desiring to erect and
maintain an electric sign over any sidewalk, street, avenue, or
alley, shall make application for the privilege so to do, to the
City Manager, on printed forms to be furnished therefor.
(2) Upon applicant's compliance with the following requirements,
the City Manager shall issue to the applicant a construction
permit, limited to a period of construction only. The construction
and installation of all electric signs shall conform to
the rules and requirements of the National Board of Fire Underwriters
for the installation of wiring and apparatus for electric
light, heat and power and for the construction and installation
of electric signs and displays and in addition to such further requirements
as are incorporated in this section. The City Manager
shall, upon being notified of the completion of such sign,
cause an inspection of same to be made, and if such sign has been
constructed in accordance with the provisions of this ordinance
and is approved by the City Electrician, he shall then issue an
electrical permit without cost for the operation and maintenance
of such signs, until revoked, and the use of electric current previous
to the issuance of an electrical permit is prohibited. No
alteration shall be made on any sign erected or maintained under
authority of this section unless all the provisions of this section
are fully complied with and a permit issued for alteration.
(3) No permit required for the construction, erection or maintenance
($1.00) has been paid.
(4) All applications shall be signed by the property owner and
permits to be issued by the City Manager shall be in writing and
there shall be two originals, one of which shall be delivered to
applicant and the other shall be kept on file in the office of the
City Manager.
(5) It shall be hereafter unlawful for any person, firm, or
corporation to erect or maintain any electric sign or signs except
as prescribed in this section, and to be permitted under this
section, an electric sign must be composed entirely of metal, excepting
the lettering or advertising designs to be illuminated,
which shall be composed of glass or other transparent or semitransparent
substance of sufficient thickness to be reasonably
safe from easy breakage; and where the electric lights illuminating
said sign are concealed, there shall be at least one electric
light for each letter or device on the said sign and not less than
ten lights in any sign. All signs must be approved by the City
Manager, and the electric lights used therein shall be not less
than 40 watts each.
(6) Circular or cylindrical signs of not less than 5 inches nor
more than 10 inches in diameter, and not greater than 5 feet, nor
less than 2½ feet in height (or length) will be permitted. A
sign of this type shall have within it at least one (1) 100 watt
light, or the equivalent in smaller lights.
(7) Miscellaneous signs: Other electric signs not provided
for in the foregoing classification shall be classified by the City
Manager. The City Manager shall have all electric signs inspected
at least twice a year to pass on public safety of same,
and is hereby authorized to order any sign down or put in proper
condition at any time it becomes a danger to public safety or fails
to meet with the requirements of this section.
(8) No sign, figure or ornament shall be permitted to project
over any sidewalk or street further than within two feet of the
curb line.
(9) Circular or cylindrical signs erected under the authority
of this section and over hanging any sidewalk, street, avenue or
alley must be placed at least 7½ feet above the sidewalk, street,
avenue or alley, and at a distance of not greater than 18 inches
of the sign to the nearest face of the wall or building.
(10) Other signs erected by authority of this section and over
hanging any sidewalk, street, avenue, or alley, must be placed
at least nine feet above the sidewalk, street, avenue, or alley.
(11) No sign shall be supported, anchored or braced to the
wooden beams or other framework of a building. Wooden supports
or braces will not be permitted.
(12) No sign (other than sky signs) shall be constructed or
erected having more than 50 square feet of surface and all signs
shall be designed to withstand a wind pressure of at least 30
pounds per square foot of surface.
(13) No sky sign shall be erected within the fire limits unless
constructed entirely of metal, including the supports and braces
for same, and no sky sign shall project beyond the building
line. Within the fire limits no sky sign shall be supported, anchored
or braced to the wooden beams or other framework of
a building. Sky signs shall be set back at least 8 feet from the
cornice or walls; on a street front, shall not project more than
two feet above the roof of the building and shall have a space at
least 6 feet in height between the bottom of the sign and the roof.
(14) No part of a sign, support or brace, shall be so placed
as to interfere with the ingress or egress from the windows or
doors in case of fire. Every electric sign shall be provided with
an electric switch on the outside of the building for use in case
of fire.
(15) In addition to complying to the provisions of this section
above, all signs erected and maintained under and by authority
of this section are subject to such mechanical requirements
as the City Manager may set forth or exact.
(16) If the owner of any electric sign discontinue business
at the place where the sign is located, such sign shall be taken
down, at the expense of the owner, within ten days after such
dicontinuance of business, and shall not be erected elsewhere in
the City except in conformity with the provisions of this section.
(17) No electric sign shall be used by anyone except by the
person, firm or corporation erecting the same, except with the
written consent of the City Manager.
(18) As a condition of the permission to erect, construct, or
the sign owner, and user of any such sign shall be and remain liable
for all damages and injuries caused by the construction,
maintenance or use of such signs, to persons or property, and
shall also indemnify and save harmless the City of Charlottesville
against all damages, it may sustain in any manner by the
reason of the construction, maintenance, or use of any sign
erected, constructed, or maintained over, on or in any street,
sidewalk, park or public place in the City. Provided that any
applicant for a permit to erect and maintain such sign where the
property owner refuses to agree to indemnify the City as above
provided may in lieu of such agreement by such owner, file an
indemnifying bond with some Surety Company authorized to do
business in this State as surety thereon in the penalty of $10,000.00
and properly conditioned for the protection of the City.
(19) Unless existing signs are specifically mentioned, the provisions
of this section shall apply only to signs hereinafter
erected or altered.
(20) Any violation of this section shall be punished by a fine
of not less than five nor more than twenty dollars for each day
the violation continues.
Sec. 164. Obstruction of streets.
No person shall obstruct a street, sidewalk, or the space vertically
above the same, by placing therein anything whatsoever
which will hinder or obstruct the passage of persons or vehicles
in any manner whatsoever; any person violating this section
shall be fined not less than $1.00 nor more than $5.00 for each
offense; and every hour the violation continues may, in the discretion
of the Civil and Police Justice, be held to be a separate offense;
but this section shall be subject to the following limitations,
exceptions and provisos, towit:
(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 Manager.
(b) One-half of the street between curb lines opposite a lot
upon which any building or wall is being erected, may be used
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 street; 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 7½ feet high, as wide as the pavement and as long as the
building or wall which is being constructed, under which persons
may safely walk. Any damage done to the street or sidewalk
by such building or 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) The persons placing such obstructions on the streets or
sidewalks shall be responsible for any damages caused thereby.
Sec. 165. Shade trees.
No person shall plant any shade trees in the streets or sidewalks
of the City without the previous consent of the City Manager,
who shall designate the proper line for the same. No North
Carolina Poplar, Lombardy Poplar or Cottonwood tree shall
be planted in the streets or alleys of the City, nor within ten feet
of the lines of the same. Any violations of this section shall
be punished by a fine of not less than $1.00 nor more than $5.00.
Neglect or refusal to remove such trees as have been planted
contrary to this section, when ordered to do so by the City
Manager shall be a warrant for having the trees removed by the
same and an additional fine of $5.00.
Sec. 166. Awnings—permit.
Swinging awnings may be constructed over streets or sidewalks
only after securing permit from the City Manager, provided
they are securely attached to the building. Such awnings
shall not extend beyond the curb line and all parts of such awnings,
including the curtains and flaps shall clear the sidewalk at
least 7½ feet. No awnings shall be constructed on a frame attached
to the sidewalk, curb or street.
Any person violating any provision of this section shall be
fined not more than $10.00 for each offense. Each day such violation
continues shall constitute a separate offense.
Sec. 167. Removal of obstructions from the streets, etc.
It shall be the duty of the police to promptly notify the City
Manager of all permanent obstructions of the streets, drains, or
culverts. The City Manager shall forthwith cause all such obstructions
to be removed by either the person responsible for the
same or whose duty it is to remove 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 City Manager 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 thereto.
Sec. 168. 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 persons 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
When any ditch is dug or excavation is made in or abutting a
street or sidewalk sufficient barriers shall be placed around and
over the same to prevent persons or animals from falling therein,
and during the whole of every night while such excavation
or opening is uncovered or unenclosed, sufficient lanterns or
other noticeable lights, shall be conspicuously placed so as to cast
their light upon such excavation or opening. Any person violating
this section shall be fined $5.00, and each day's continuance
of the violation shall be deemed a separate offense. The
person failing to comply with the provisions of this section shall
be responsible for all damages resulting therefrom.
Sec. 169. Stopping travel on streets, and interfering
with barricades.
The City Manager or his authorized representative, shall have
the right to stop travel on any street when the same is being repaved
or improved, if he 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 at night. Any one removing,
cutting or interfering with the barricades or lights, above provided
for, 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 $5.00 nor more than
$100.00 for each offense.
Sec. 170. 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 $5.00, and if
any person fail to conform hereto within a reasonable time after
being notified to do so by the City Manager, each day of default
shall be deemed a separate offense. If, however, a change in the
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. 171. 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 substance. A violation of this section shall be punished by
a fine of not less than $1.00 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. 172. 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 the 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
of occupants. The penalty for each violation of this section
shall be $2.00, 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. 173. Refuse matter thrown on streets, etc.
It shall be unlawful for any one to throw into the streets or
sidewalks, or on private premises, any dead carcass, rubbish,
vegetables, fruit, broken glass, tacks, tin cans, or any matter or
substance or thing calculated to render the streets or premises
unclean or unsightly, or unsafe to any person or vehicle using
the streets, or liable to injuriously affect the health of the community.
Any person violating the provisions of this section shall
be fined not less than $1.00 nor more than $5.00.
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 City Manager as a public
dumping ground.
Sec. 174. Removal of trash, garbage, ashes, etc., by the
City.
Such trash, garbage, ashes, etc., as the City elects to remove
shall be separated, by the citizens desiring to dispose of same,
into two classes, one of burnable matter such as trash, garbage,
tin cans, etc., and the other of non-burnable materials, such as
ashes, old metal, glass, etc. Each shall be placed in separate non-leaking
receptacles, which shall not be filled within four inches
of the top and placed along the edge of the sidewalk on such days
and at such hours as may be prescribed in rules and regulations
issued by the City Manager.
All such receptacles shall be removed from the sidewalk by
the owner thereof as soon as emptied.
The City Manager is hereby empowered to adopt and put into
force such rules and regulations governing the removal of ashes,
garbage and trash as he may deem necessary. And such regulation
after approval by the Council shall have the force and effect
of an ordinance.
Any person violating this section or any regulation which
may be prescribed shall be fined not less than $1.00 nor more than
$5.00 for each offense.
Sec. 175. 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
suffered to fall on any of the streets aforesaid, under a penalty
of $5.00 for each offense.
Sec. 176. 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 $1.00 nor
more than $5.00 for each offense.
Sec. 177. 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 any street car or other public places. For any violation of this
section the offender shall be fined not less than $1.00 nor more
than $5.00 for each offense.
Sec. 178. Coasting, snowballing, etc.
No person shall slide or coast upon the ice or snow in any
street or streets. No person shall throw any snowballs in the
streets. For a violation of this section the penalty shall not be
less than $1.00 nor more than $5.00.
Sec. 179. Unlawful assemblages in streets or elsewhere.
The assembling and collecting together of persons on the streets,
sidewalks or other public places, 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.
Premises whereon such assemblages gather shall, when tenants
deemed disorderly, and the owner may, and the occupants shall,
be held responsible under penalties not exceeding $5.00 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 $5.00 nor more
than $20.00.
Sec. 180. 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 $1.00 nor more than
$10.00 for each offense.
Sec. 181. Political processions—parades and flag poles.
No flag pole shall be erected in any of the streets of the City
except flags for decoration purposes which have been, or may
hereafter be authorized by the Mayor. No political procession
shall be allowed in the City and no parade or procession of any
kind shall be allowed in the City streets without permission of
the Mayor or City Manager. Any person violating the provision
of this section shall be fined not less than $5.00 nor more than
$50.00 or by confinement in jail for a period of not less than 30
days or both.
Sec. 182. 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 $1.00 nor more than $5.00 for each offense.
Sec. 183. 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 not be
less than $2.50 nor more than $10.00.
Sec. 184. 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 vehicles 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 $1.00 nor more than $10.00 for each offense.
Sec. 185. 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 $1.00.
Sec. 186. Backing up wagons to sidewalks.
No wagon, truck, or other vehicle shall be allowed to back up
to the sidewalk except for the purpose of loading or unloading,
and all the time said vehicle 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 vehicle shall be fined not less
than $1.00 nor more than $5.00 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
vehicle, when required to move out of the way; and for failure
to do so such person shall be fined to the same extent as heretofore
provided.
Sec. 187. 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 filled up by
the owners or occupants of said lots, so as to prevent persons or
animals from failing therein. It shall be the duty of the Chief 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 they 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 $5.00 for each day
such failure shall continue, and the City Manager may 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. 188. 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 $1.00 and not more than $5.00;
and every twenty-four hours that he shall so neglect or refuse
to comply with the provisions of this section after notice of the
violation by the City Manager or Chief of Police, shall constitute
a separate offense.
Sec. 189. Street drumming.
Any person who shall obstruct or unduly interfere in any way
with the passage of persons along any of the streets or sidewalks
of the City for the purpose of inducing them to purchase any
article or thing or to enter any shop, store or stall, or any hotel,
boarding house 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 streets or
sidewalks of the City, shall be punished by a fine of not less than
$5.00 nor more than $25.00.
Sec. 190. 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
that such violation continues after notification by the Chief of
Police or City Manager to remove such fence shall constitute a
separate offense.
Sec. 191. 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 section shall be punished by a fine of not less than $1.00
nor more than $5.00, 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. 192. Burning trash, etc., in streets—making bon
fires.
No person shall burn highly inflammable material, or make a
bon fire within the City nor burn any material on the City street
or sidewalk under penalty of not less than $1.00 nor more than
$10.00 for each offense.
Sec. 193. Shooting fireworks.
No person shall set off any fireworks or explode any fire
crackers in any street or alley within the corporate limits. For
a violation of this section the penalty shall be not less than $1.00
nor more than $10.00 for each offense.
Sec. 194. Persons occupying or using streets contrary
to law.
Any person, firm or corporation that shall undertake to occupy
or use any of the streets, avenues, parks, bridges or any other
public places or public property, or any public easement of any
description in a manner not permitted to the general public, or
by ordinance, without having first legally obtained the consent
thereto by the City Council, or a franchise therefor, shall be
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than $5.00 nor more than $50.00, each day's continuance
thereof to be a separate offense, and such occupancy
shall be deemed a nuisance, and the court or justice trying the
commit the offenders and all their agents and employees engaged
in such offenses to jail until such order of the court shall
be obeyed.
Sec. 195. Repairing or testing machinery in streets.
Manufacturing, repairing or testing of machinery including
the engines or other parts of motor driven vehicles on the sidewalks
or in the streets shall be unlawful. Any person violating
this section shall be fined not less than $2.50 nor more than
$10.00 for each offense.
This section shall not apply to emergency repairs which are
necessary before the vehicle can be moved.
Sec. 196. 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.
Sec. 197. Penalty—general.
Unless otherwise provided in this chapter any person violating
any of the provisions of this chapter shall be fined not less than
$2.50 nor more than $100.00 for each offense.
CHAPTER XX.
Civil and Police Justice Court.
Sec. 198. Civil and police justice—election, term of office,
etc.
The election, term, qualifications, oath and bond of the Civil
and Police Justice shall be as fixed by the State law.
Sec. 199. Civil and police justice—his jurisdiction, powers.
The Civil and Police Justice shall have jurisdiction of and
shall try all violations of the City ordinances within the corporate
limits and inflict such punishment as may be prescribed for
a violation of the same. He shall also have such jurisdiction and
powers and perform such duties as provided by the State law.
Sec. 200. Civil and police justice—terms of court.
The court of the Civil and Police Justice shall be open for the
transaction of business every day in the year except Sundays
and legal holidays, but the Justice shall be allowed annually a
vacation period of not more than fifteen court days with pay.
Sec. 201. Civil and police justice—compensation.
The Civil and Police Justice shall receive a salary, which has
been or may hereafter be fixed by the Council, to be paid by the
City in monthly installments. He shall receive no other compensation
for his services; provided, however, that no installment
of his salary shall be paid except upon a certificate in writing
that he has disposed of all cases that have been submitted to him
for decision more than thirty days previous to the day upon
which said installment falls due.
Sec. 202. Civil and police justice—fines, costs, and trial
fees, etc.—accounting of.
At or before the time of hearing had before such Civil and Police
Justice on any claim over which the Civil and Police Justice
is given jurisdiction, the plaintiff in such claim shall pay
one hundred dollars of value or fraction thereof, claimed in such
warrant. The trial fee shall be taxed as part of the costs.
The Civil and Police Justice shall cause to be kept a record of
all fines, forfeitures, fees and costs imposed, arising or collected
in the administration of his office, and shall cause to be reported
and paid by the Clerk of his Court to the City Collector daily,
all trial fees and civil costs except that all fines collected for convictions
under the State law shall be reported and paid to the
Clerk of the Corporation Court, as provided for by State law.
Sec. 203. Civil and police justice—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 Civil and Police Justice. The officer levying
shall sell the article levied on for cash, on the City Hall lot,
or at such other place in the City as the officer levying may desire,
after five days notice posted at the door of the Court of the
Civil and Police Justice.
Sec. 204. Civil and police justice—failure to pay fine—
imprisonment.
Any one against whom a fine is adjudged may be confined in
jail by the order of the Civil and Police Justice, until such fine
and the costs are paid; provided, that no term of imprisonment
for the non-payment of a fine and costs shall exceed ninety days.
Sec. 205. Substitute civil and police justice.
A substitute Civil and Police Justice shall be appointed as provided
by State law. Such substitute Civil and Police Justice
shall have such powers, perform such duties, and receive such
compensation as provided by the State law.
Sec. 206. Court room, office, books, stationery.
The Civil and Police Justice shall use the room on the first
floor at the South end of the City Hall as a Courtroom.
The City Manager is directed to furnish the Civil and Police
furniture, books, and stationery. Such books shall be under the
control of the Civil and Police Justice and shall remain the property
of the City.
Sec. 207. Bailiff and clerk of civil and police justice
court.
The Civil and Police Justice shall appoint a Bailiff, who shall
also be Clerk of his Court. The Bailiff and Clerk shall attend
all courts held by the Civil and Police Justice, receive all fees
and fines imposed and report and pay same daily to the City Collector
and shall perform such other duties as may be required of
him by the Civil and Police Justice, by the State law, and by the
Council. He shall be paid such monthly salary as has been or
may hereafter be fixed by the Council and shall give such bond
as is prescribed by section 41.
CHAPTER XXI.
Police Force.
Sec. 208. Election and term.
The Council shall elect, in the same manner as other officers
of the City are elected, a Chief of Police, a First Lieutenant, a
Second Lieutenant, a Detective Sergeant, two Desk Sergeants,
three Mounted Policemen and as many Patrolmen and substitute
Patrolmen as may be deemed necessary, who shall hold office at
the will of the Council.
Sec. 209. 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. 210. 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. Every policeman, before entering
upon the discharge of his duties as such, shall take the oath
of office prescribed by the laws of the State, a certificate of which
shall be filed with the Chief of Police.
Sec. 211. Appointments to fill vacancies, and special policemen.
The Mayor may, in cases of emergency, appoint as many special
policemen as the public safety may require, and may appoint
policemen to fill such vacancies as may occur. He shall report
such appointments to the Council at its next regular meeting for
approval or disapproval.
All appointments will be made subject to physical examination
and examination as to knowledge of the laws, ordinances and
regulations.
The examination as to laws, ordinances and regulations will
be made by the Chief of Police.
The physical examination is to be made by the City Health
Officer, or in his absence by such other physician as the Mayor
may direct.
Sec. 212. Police furlough.
The members of the regular police force, who have been members
of the force for twelve (12) months shall be allowed an annual
furlough of ten days with pay, the time of granting such furlough
to be arranged by the Chief of Police in connection with
the Mayor so that the public interest is subserved.
Sec. 213. 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 Council. He shall be under the control of the
Mayor and Council for the purpose of enforcing peace and order,
and executing the laws of the State and ordinances of the
City and it shall be the duty of the police force to respect and
obey orders of the Chief not in conflict with 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 threat; to discharge
such other duties as may be required of him by the Council.
When charges are filed in his office against any member of the
police force, or when he shall be informed of any gross neglect
of duty, he shall immediately transmit the same to the Mayor,
together with the names of the witnesses to be subpoenaed, that
the charges may be investigated by Council.
He shall be responsible for the good order of the City, and for
the general good conduct of the men and officers of the police
force. 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 cause to be served all processes directed to him by a
orders of the Mayor.
Sec. 214. Chief—reports.
a. He shall make a report in writing to the members of the
Council and City Manager daily showing the condition of the
Police Force, the number of times each policeman has been absent
and cause of such absence, the condition of the Station house,
the number of arrests and the causes of same and the number of
ordinance violations reported. He shall keep a record compiled
by himself and the first and second lieutenants, of work of each
Policeman, showing marks or merits or demerit, and shall be
prepared to explain with reference to each mark of demerit that
he recorded, and what action has been taken by him with reference
to such mark of demerit with the policeman so demerited.
b. He shall make a daily report to the members of the Council
and City Manager showing the name of person, the offense with
which he or she is charged, the officer by whom arrested and the
magistrate before whom tried, the penalty given, both fines and
jail sentences.
c. On the first day of each month, or as soon thereafter as
practicable, he shall furnish the City Manager with a consolidated
written report of the activities of his department for the
previous month.
Forms for the above reports are to be prepared and furnished
by the City Manager.
Sec. 215. Furnish information to and co-operate with
city manager.
It shall be the duty of the Chief of Police forthwith to communicate
to the City Manager any information from the daily
reports of patrolmen or others in regard to streets, lights, and
other interest which will be of use to the City Manager in the administration
of his office.
And it shall be the duty of the police department to respond
to the call of the City Manager for any service in the prosecution
of his duties.
Sec. 216. Chief—record.
He shall keep records showing the name of every officer and
from day to day, the place of residence, the date of appointment
and time of removal, and the happening of any vacancies,
also reports of officers under his command.
Sec. 217. His absence or sickness.
The Chief of Police shall not leave the City unless he shall
first receive permission to do so from the Mayor. When such
permission is granted or in case of his sickness, he shall designate
an officer as acting Chief of Police during his absence.
This rule shall not apply when it may become necessary to leave
the City hurriedly on business directly connected with the Police
Department.
Sec. 218. Chief—other duties.
In addition to his other duties, he shall attend all meetings of
the Council, and act as sergeant-at-arms and doorkeeper, and,
when notified by the Clerk of the Council, he shall give notice to
each member of 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. 219. Bail—power of chief or lieutenant to accept.
The Chief or his Lieutenants shall have the power to bail any
person arrested, charged with a misdemeanor to appear at the
next term of the Civil and Police Justice's Court, provided, sufficient
security is furnished.
Sec. 220. Lieutenants of police—their duties.
The Lieutenants of Police must obey promptly all orders of
the Chief, note every case of misconduct or neglect of duty on
the part of any policeman, and report the same to the Chief.
Sec. 221. Lieutenants of police—shall visit beats.
The Lieutenants 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 to then find the man in search of, he shall report
Sec. 222. Lieutenants of police—inspection at roll call.
The Lieutenants at roll call, shall inspect each and every policeman,
and be particular in noting that the dress is clean and
the badge in the proper place; that they have their batons and
pistols in proper order, and that they are properly and sufficiently
attired and fit, and report to the Chief.
Sec. 223. 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. 224. Attendance and obedience of orders.
Punctual attendance, prompt obedience of orders, and conformity
to these rules and regulations will be rigidly enforced.
Sec. 225. Absence.
No member of the police force shall leave the City or be absent
from duty without permission of the Chief.
Sec. 226. 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
the Mayor, with the cause and facts on which the suspension is
ordered. Such report to be transmitted to the Council by the
Mayor.
Sec. 227. Dress on duty, badge, etc.
Every policeman, when entering on duty, must be neat in person,
having his badge, clothes and shoes clean, and his dress in
conformity with the regulations.
Sec. 228. Presents, fees, etc.
No member of the police force shall receive any present, fee
salary, except by consent of the Mayor or Council. This provision
shall not apply to rewards offered for arrests of criminals
or return of property except rewards offered by the City, and rewards
allowed for violation of the prohibition law.
Sec. 229. 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. 230. 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. 231. 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 business
houses, and see that they are properly fastened.
Sec. 232. 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. 233. Bad characters.
He must strictly watch the conduct of all persons of bad character
in such manner as it will not be evident to them that they
are being watched, fixing in his mind such impressions as will
enable him to recognize persons whom he frequently meets in
the streets at night, and to the utmost of his power prevent the
commission of assaults, breaches of peace, and other crimes
about to be committed.
Sec. 234. 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.
The officer who may be in charge of the station house
will see to it that prisoners while there receive proper care and
should a prisoner need medical attention he shall immediately
call a doctor.
Sec. 235. Use of intoxicants and entering certain houses.
No policeman shall be allowed to take a drink of any kind of
intoxicating liquors while on duty; nor shall any policeman enter
any drinking saloon, or house of ill-fame, except it be in the
strict performance of his official duty.
Sec. 236. Deportment on duty.
Each member of the police force must be quiet, civil, courteous
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 really requiring their assistance or direction. They must
not, under any circumstance, unless in discharge of their duties,
enter any house, sit down, stop at the corners of the streets (for
a longer period than ten minutes), or in any manner linger along
their routes, but are expected constantly to patrol their beats.
Sec. 237. Vehicles at night.
He shall take particular notice of all automobiles and other
vehicles at night, and all persons, who, under any circumstances,
excite suspicion.
Sec. 238. Shall not leave his beat.
He shall not leave the beat assigned 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. 239. Must give name and number.
He must give his name and number to all persons who may
inquire.
Sec. 240. Must know rules and regulations.
All policemen must acquire a full knowledge of the requirements
and 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. 241. 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 business houses that he may find open
during the nighttime; 2nd, all nuisances on his beat that should
be removed promptly; 3rd, all violations of the City ordinances,
the names of offenders, witnesses, etc.; 4th, all street electric lights
not burning, length of time out if possible, and their location,
which information they shall report daily in writing to the officer
in charge at the station house.
Sec. 242. 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 to interfere
with the object they have in view, so that if assaulted or interfered
with, the assailant cannot plead ignorance of the officer's
real character.
Sec. 243. Must call firemen.
The night Desk Sergeant shall phone with the least possible
delay, all members of the fire department, who may have left
their names and residences at the station house with the request
to be called when there is an alarm.
Sec. 244. Report violation of revenue laws.
They shall aid the Commissioner of Revenue, as far as possible,
in detecting parties violating the revenue laws.
Sec. 245. Hours of duty.
The hours of active duty per day shall be such as may be fixed
by the Council. The Chief under the direction of the Mayor
shall fix the daily hours and location of duty of the members of
the police force so as to give the best police protection.
Sec. 246. Police to be uniformed.
All regular policemen, including the Chief and Lieutenants
except when on plain clothes duty shall wear what is known as
a "Policeman Uniform" as prescribed by the Council and furnished
by the City.
Sec. 247. Accountable for equipment.
All equipment issued by the City to the Police Department shall
be charged to them, and each member shall be held accountable
for the safe return of whatever is furnished him.
Sec. 248. Interest in outside business.
No member of the Police Department shall have any interest
in any other outside business which may come in conflict with
his duty as public officer of the City.
Sec. 249. Use of patrol wagon.
The police force will use judgment and discretion in the use
of the patrol wagon.
Sec. 250. Political activities.
Every policeman shall exercise the right of a citizen unquestioned
at all elections, but no member of the police department
shall take an active part therein, or in the political advancement
of any party, clique, combination or individual.
CHAPTER XXII.
Juvenile and Domestic Relations Court.
Sec. 251. Judge—appointment, etc.
The Judge of Juvenile and Domestic Relations Court of the
City of Charlottesville shall be appointed at such time, and in
such manner and for such term of office and by such authority
as is or may be provided for by the laws of the State of Virginia.
The said Judge shall have such duties and jurisdiction as may be
prescribed by the laws of the State of Virginia.
Sec. 252. Salary.
The Judge of the Juvenile and Domestic Relations Court shall
receive such salary as may be fixed by the Council. Such salary
shall be full compensation for his services as such Judge.
Sec. 253. How fines, costs, etc., are accounted for.
All fines or fees collected for violation of any City ordinance,
shall be accounted for and paid by the Judge on or before the 10th
of each month to the City Collector.
CHAPTER XXIII.
Peace, Good Order and Morals.
Sec. 254. 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 $100.00 or by
confinement not more than thirty days in jail, or both for each
offense.
Sec. 255. Public drunkenness.
Any person who shall be found drunk upon the streets or in
any place of public resort in the City, shall be arrested and upon
conviction shall pay a fine of not less than $2.00 nor more than
$25.00, or be confined in jail not exceeding thirty days, or both
in the discretion of the court.
Sec. 256. 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 $1.00 nor more than $10.00 for every such offense.
Sec. 257. 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 $1.00 for each offense.
Sec. 258. Circus exhibitions, etc.
It shall be unlawful for any person to make exhibition of a
circus tent or outside performance, 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. Any one violating this section shall be
fined not less than $50.00 nor more than $500.00.
Sec. 259. 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 $100.00.
Sec. 260. 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 more than $100.00
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. 261. 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 not more than $500.00, or be confined in jail
not more than six months, or both.
Sec. 262. Indecent exposure, language and proposal.
Any person who shall indecently expose himself or do any
obscene act, or write obscene language, or make obscene marks
or drawing on any wall, fence or other thing, or address any obscene,
lewd or profane language or words to another, or make
use of such language within the hearing of another, shall be fined
not less than $1.00 nor more than $500.00, or confined in jail not
exceeding six months, or both.
Sec. 263. Fighting dogs or other animals.
Any person who shall cause any match of dogs or other animals
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 $10.00
nor more than $100.00 for each such offense.
Sec. 264. 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 $2.00 nor more than $10.00
for each offense.
Sec. 265. 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
$20.00 nor more than $100.00, and in addition may be imprisoned
not exceeding six months.
Sec. 266. 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 Chief of Police
of the City that such property is being used for such purpose,
shall be fined not less than $5.00 nor more than $25.00 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. 267. Keeping houses of ill-fame.
Any person who shall keep a house of ill-fame, resorted to
for the purpose of prostitution or lewdness, and each inmate
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. 268. 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 $20.00 nor more than $100.00, or confined
in jail not exceeding thirty days, or both.
Sec. 269. Adultery or fornication.
If any person commit adultery or fornication, he or she shall
be fined not less than $10.00 nor more than $100.00 or confined
in jail not exceeding six months, or both.
Sec. 270. Lewd persons—street walkers.
A lewd person who shall loiter or solicit upon the streets, or
in any public place of the City at any time shall be fined not less
than $10.00 nor more than $50.00 or confined in jail not exceeding
six months, or both.
Sec. 271. 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 more than $50.00
for each such offense.
Sec. 272. False fire alarm.
Any person, who shall wantonly or without knowledge of the
existence of a fire, turn in or give any false alarm to the fire
department or who in any way tampers with the fire alarm system,
shall be fined not less than $100.00 nor more than $200.00,
or confined in jail not less than thirty days nor more than ninety
days, or both.
Sec. 273. 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 $5.00
days, or both.
Sec. 274. Penalty for failure to assist an officer.
If any person shall fail or refuse to assist a police officer, when
called upon, so to do, by such officer, when in the discharge of
his duty, such person shall be fined not less than $1.00 nor more
than $25.00.
Sec. 275. 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 $1.00
nor more than $300.00 for every separate offense.
Sec. 276. Violation of the Sabbath—how punished.
If a person, on a Sabbath day, sells soft drinks, fruits, candies,
or other confectioneries or 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 be fined not less than $5.00 more than $25.00 for
each offense. Every day any servant or apprentice is so employed
shall constitute a distinct offense.
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 $5.00 nor more than $25.00 for
each offense; provided, that this paragraph shall not apply to
the sale of medicines, surgical instruments, and necessities absolutely
needed before Monday, newspapers, and other current
periodicals, and such perishable articles, if any, as cannot be
purchased on a previous day for Sunday's consumption.
Sec. 277. Disturbing public worship.
No person shall willfully interrupt or disturb any assembly
met for the worship of God, under a penalty of not more than
$100.00 or confinement in jail not more than three months for
each offense.
Sec. 278. Lounging, etc., on church steps, porch.
Any person who shall lounge 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 $5.00 for every such offense.
Sec. 279. Disturbing public assemblies.
Any person or persons, who shall willfully or otherwise disturb
any assembly of persons, at a theatre, 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 offense not less than $5.00 nor more than $100.00 and/or
confined in jail not exceeding three months.
Sec. 280. 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
$1.00 nor more than $10.00 for each offense.
Sec. 281. Minors frequenting billiard saloons, pool
rooms, etc.
No minor under 18 years of age 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 $2.00
nor more than $25.00 for each offense.
No minor under sixteen 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 $2.00 nor more than $25.00 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. 282. Billiard saloons, pool rooms, miniature golf
courses, etc.—regulations concerning.
All billiard saloons, pool rooms, bowling alleys, shooting galleries
and miniature golf courses shall be closed every night during
the week not later than twelve o'clock and remain closed until
seven o'clock the following morning.
No gambling, betting, or gambling devices of any kind whatsoever
shall be permitted at any time, at any of the places named
in this section.
Violations of this section shall be punished by a fine of not
less than $5.00 nor more than $25.00 for each offense; and if
any owner or keeper of any such room or place as set forth above
shall permit the violation of any of the provisions of this section,
he shall be deemed to be equally guilty and fined a like sum.
Sec. 283. 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 sixteen 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 sixteen years of age, he shall be fined not less than
$10.00 nor more than $100.00.
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
be called "toy pistols," "toy guns," or otherwise.
Sec. 284. Curfew law.
(1) It shall be unlawful for any person under the age of fifteen
years to be in or upon the streets, avenues, alleys or public
parks 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 guardian or parent, 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 nighttime
after said specified hours. Any person violating the provisions
of this section shall be fined not less than $1.00 nor more than
$5.00 for each offense.
(2) It shall be the duty of the Chief of the Fire Department
each day in the year, fifteen minutes before the time specified in
the first subsection of this section, 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, alley or public park, in violation
of the provision of paragraph 1 of this section. Any person
violating the provision of this subsection shall, upon conviction,
be fined not less than $1.00 nor more than $5.00 for each
offense.
Sec. 285. Vagrants—who are vagrants—how dealt with
—punishment.
(a) Who Are Vagrants. — The following persons shall be
deemed vagrants:
First. All persons who shall unlawfully return to this City
after having been legally removed.
Second. All persons who not having wherewith to maintain,
themselves and their families, live idly and without employment,
other laborers in the like work in the City.
Third. Persons wandering or strolling about in idleness, who
are able to work and have no property to support them.
Fourth. Persons leading an idle, immoral, or profligate life,
who have no property to support them, and who are able to work
and do not.
Fifth. All able-bodied persons found begging for a living, or
who quit their homes and leave their wives or children without
the means of subsistence.
Sixth. All persons who shall come from any place without
this City and shall be found loitering and residing herein, and
shall follow no labor, trade, occupation, or business, and have no
visible means of subsistence, and can give no reasonable account
of themselves or their business.
Seventh. All persons having a fixed abode who have no visible
property to support them, and who live by stealing or by
trading or bartering stolen property.
Eighth. All persons who are able to work and who do not
work, but hire out their minor children and live upon their wages.
(b) Vagrants—How Dealt with.—It shall be the duty of the
police, the City Sergeant and other City officials to give information
under oath to any officer empowered by law to issue criminal
warrants of all vagrants within their knowledge, or persons
whom they have good reason to suspect of being vagrants in the
City; and thereupon, or upon the complaint of any person upon
oath the said officer shall issue a warrant for the arrest of the
person alleged to be a vagrant and he shall be brought before the
Civil and Police Justice and upon conviction shall be punished
by confinement in jail for not more than ninety days and upon
conviction of a second offense shall be confined in jail not more
than six months; but the Civil and Police Justice or the Court
before which the case may be tried may permit such persons so
convicted to give bond with sufficient security, in an amount not
exceeding $500.00 nor less than $100.00 conditioned upon his
future industry and good conduct for one year; and upon giving
such bond such person shall be set at liberty without undergoing
the punishment imposed by his conviction. It shall be sufficient
has made reasonable bona fide efforts to obtain employment
at reasonable prices for his labor and has failed to obtain
the same.
(c) Any railroad company, or the owner of any conveyance
bringing to or leaving in the City any vagrant 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
company or such owner of conveyance referred to above shall
be fined not less than $5.00 nor more than $10.00 for each day
the failure to remove continues.
Sec. 286. 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 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 twelve
o'clock each night during the week and remain closed until six
o'clock the following morning.
Any violation of this section shall be punished by a fine of
not less than $5.00 nor more than $25.00 for each offense.
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. 287. 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 $25.00 nor
more than $100.00 or be committed to jail for not more than
ninety days, or both in the discretion of the court, and such weapons
shall be forfeited and sold, in such manner as the Civil and
Police Justice may deem best, and the proceeds paid into the
City treasury. Provided, however, that no person shall be punishable
carry concealed weapons in accordance with the laws of Virginia.
Sec. 288. Discharging of 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 $5.00
nor more than $50.00 for each offense.
Sec. 289. 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 $10.00 nor more than
$50.00.
Sec. 290. 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 $10.00 nor
more than $500.00 or confined in jail not exceeding six months,
or both.
Sec. 291. Disguises in public.
It shall be unlawful for any one in public to conceal in any
wise his identity or to disguise himself for any improper purpose.
Any violation of this section shall be punished by a fine
of not less than $5.00 nor more than $10.00.
Sec. 292. 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 $10.00 nor more than
$25.00, or by confinement in jail not more than sixty days, or
both.
Sec. 293. 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 $1.00 nor
more than $25.00 for each offense, or be confined in jail not exceeding
sixty days, or both. 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. 294. Petit larceny.
If any person shall steal from the person of another, money
or other thing of the value of less than $5.00, or if any person
commit simple larceny, not from the person of another, of goods
and chattels of less value than $50.00, he shall be deemed guilty
of petit larceny and fined not less than $5.00 nor more than
$100.00 or confined in jail not more than six months, or both.
Sec. 295. 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 $1.00 nor more than $10.00.
Sec. 296. Gambling houses.
Any person who shall keep or maintain a house or apartment
or room in which games or cards, or of chance, shall be habitually
played for money or anything to be cashed in as money,
shall be fined not less than $5.00 nor more than $50.00, or be imprisoned
in the City jail for not more than sixty days, or both.
Sec. 297. Gaming tables—slot machines, etc.
If any person keep or exhibit a gaming table, commonly called
A. B. C., or E. O. table, wheel or 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, articles of
value, or capital prize may be won or lost, whether the game be
played with cards, dice, money or otherwise, or be a partner or
in the keeping, exhibiting, using or operating such table, machine,
apparatus or bank, he shall be fined not exceeding $50.00; and
each day such machine, apparatus or table is so used shall constitute
a separate offense.
Sec. 298. Craps.
Any person who shall play the game commonly called craps,
within the corporate limits of the City, shall be fined not less than
$1.00 nor more than $25.00 for each offense.
Sec. 299. Defacing advertisements.
If any person shall tear down or deface any designs, 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 $1.00 nor more
than $100.00 for each offense. Provided, nothing herein shall
prevent any one from tearing down advertisements posted on
his premises.
Sec. 300. 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 of not less than $5.00 nor
more than $50.00, or both.
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.
1. Definitions:
The following words and phrases when used in this section
shall have the meanings respectively ascribed to them, in this subsection,
except in those instances where the context clearly indicates
a different meaning.
(a) "Restaurants, lunch rooms, cafés, hotels, boarding-houses,
and public eating houses" shall for the purpose of this section
mean any place of business where food prepared for immediate
consumption is served at tables or counters for profit.
(b) "Meal Tickets" shall for the purposes of this section
mean any card or coupon book which may be sold for cash and
used in lieu of cash in exchange for food until the cash value as
stated thereon has been dissipated either by perforating the card
or by extracting coupons from the book.
(c) "Persons" shall for the purposes of this section mean
every natural person, firm or corporation, partnership, association
or copartnership whether acting by themselves or by servant,
agent or employee.
2. It shall be unlawful, and punishable by a fine of not more
than $100.00 and confinement in jail not exceeding six months
or either or both for any person engaged in the restaurant, café,
hotel, lunch room, boarding house, or public eating house business
within the City of Charlottesville where money is accepted
in advance for food either upon express written or verbal agreement
or in exchange for a meal ticket to accept money in advance
with intent to cheat or defraud the payor thereof or to refuse or
become unable through any cause whatsoever to furnish food
upon demand during business hours as a charge against the
money so advanced and to refuse or become unable through any
cause whatsoever to return at that time whatever money remains
in his hands as an unused balance of the money so advanced.
Sec. 302. Aeroplane, dirigible, blimp or balloons over
city, when prohibited.
It shall be unlawful for any person operating any aeroplane,
dirigible, blimp, balloon or other aerial vehicle while above the
congested district of any built up portion of the City to descend
to an altitude of less than five hundred feet, except by written
permit of the Mayor. Any violation of this section shall be punished
by a fine of not less than $10.00 nor more than $200.00.
Sec. 303. Aeroplane, dirigible, blimp or balloon, unlawful
to drop advertising matter.
It shall be unlawful for any person in any aeroplane, dirigible,
blimp, balloon or other aerial vehicle to drop any advertising
matter within the limits of the City, except by written permission
of the Mayor. Any violation of this section shall be punished
by a fine of not less than $5.00 nor more than $25.00.
Sec. 304. Daily record to be kept by dealers in secondhand
articles and list to be furnished daily to the
chief of police.
1. All pawn brokers, junk dealers, dealers in second hand clothing,
automobiles and other merchandise shall keep daily records of
every article taken in pawn or bought by said dealers; said records
to contain a full description of such articles, and to show
all distinguishing marks, numbers, brands, letters or monograms
of any kind on such articles, together with the names and addresses
of the parties from whom such articles were received.
2. All pawn brokers, junk dealers, dealers in second hand
clothing, automobiles and other merchandise shall furnish daily
to the Chief of Police upon blanks to be prescribed by the said
Chief, full and complete lists of all articles taken in pawn or
bought by said dealers within the twenty-four hours next preceding
the date of such report, said lists to contain a full description
of all such articles together with all marks, numbers, brands,
letters or monograms on such articles, and the names and addresses
of the parties from whom such articles were received.
3. Any such broker, junk dealer, dealer in second hand clothing,
automobiles or other merchandise who shall fail to comply
be fined not less than $5.00 nor more than $25.00 for each
offense.
A conviction of any such pawn broker, junk dealer, dealer in
second hand clothing, automobiles or other merchandise of a violation
of this section may, in the discretion of the Civil and
Police Justice work an immediate revocation of the license of
such offender.
Sec. 305. Smoking in theatre or moving picture house
prohibited.
It shall be unlawful to smoke in any Theatre or Moving Picture
House (except in the lobby).
Any person violating this section, shall be fined not less than
$5.00 nor more than $25.00.
Sec. 306. Checks drawn by person without sufficient
funds or credit.
Any person who, with intent to defraud, shall make or draw
or utter or deliver any check, draft, or other order for the payment
of money, upon any bank, banking institution, trust company,
or other depository, knowing at the time of such making,
drawing, uttering, or delivering, that the maker or drawer has
not sufficient funds in, or credit with such bank, banking institution,
trust company, or other depository, for the payment of such
check, draft or order, although no express representation is made
in reference thereto, shall be guilty of a misdemeanor.
Any person convicted under the provisions of this section shall
if the amount of such check, draft, or order is under fifty dollars
be sentenced to pay a fine of not less than $5.00 nor more
than $100.00, or to undergo imprisonment not exceeding thirty
days, or both. If the amount of such check, draft, or order is
fifty dollars or more, he shall be sentenced to pay a fine of not
less than $10.00 nor more than $200.00, or to undergo imprisonment
not to exceed six months, or both.
In any prosecution under this section, the making or drawing,
or uttering or delivery of a check, draft, or order, payment of
which is refused by the drawee because of lack of funds or credit,
shall be prima facie evidence of intent to defraud and of knowledge
institution, trust company, or other depository, unless such
maker or drawer shall have paid the drawee thereof the amount
due thereon, together with interest and protest fees, within five
days after receiving notice that such check, draft, or order has
not been paid to the drawee.
The word credit, as used herein, shall be construed to mean
any arrangement or understanding with the bank, banking institution,
trust company, or other depository for the payment of
such check, draft or order.
In any civil action growing out of an arrest under this section,
no evidence of statements or representations as to the status of
the check, draft, order or deposit involved, or of any collateral
agreement with reference to the check, draft, or order, shall be
admissible unless such statements, or representations, or collateral
agreement, be written upon the instrument.
Sec. 307. Protecting female persons in the city.
Any male person who shall, by signalling, addressing, soliciting,
catching hold of or in any way interfering with the free passage
of any female person with whom he is not personally acquainted
for the purpose of inducing her to converse with, accompany
or ride with him shall be subject to a fine of not less than
$10.00 nor more than $50.00 or confinement of not less than
thirty days in jail, or both for each offense.
Sec. 308. Betting, wagering and gambling.
It shall be unlawful for any person to bet, wager, or play at
any game for money or any article of value. Any one violating
the provision of this section shall upon conviction, be fined not
less than $5.00 nor more than $50.00 or confined in jail not exceeding
sixty days, or both.
Sec. 309. Untrue, deceptive or misleading advertising.
a. Any person, firm, corporation or association who, with intent
to sell or in any wise dispose of merchandise, securities, service
or anything offered by such person, firm, corporation or association,
directly or indirectly, to the public for sale or distribution,
or with intent to increase the consumption thereof, or to
thereto, or to acquire title thereto, or an interest therein,
makes, publishes, disseminates, circulates, or places before the
public or causes, directly or indirectly, to be made, published, disseminated,
circulated, or placed before the public, in this City, in
a newspaper or other publication, or in the form of a book, notice,
handbill, poster, bill circular, pamphlet, or letter, or in any
other way, an advertisement of any sort regarding merchandise,
securities, service, or anything so offered to the public, which advertisement
contains any assertion, representation or statement
of fact which is untrue, deceptive or misleading, shall be guilty
of an offense punishable as hereinafter provided.
b. It shall be deemed deceptive advertising and a violation of
the provisions of this section, for any person, firm, corporation
or association engaged in the business of buying and selling new
or secondhand articles or merchandise, or other property, real
or personal, or in the business of furnishing any kind of service,
to advertise by means of "liner ads" in a newspaper or otherwise,
such articles, property or service for sale in a manner indicating
that the sale is being made by a householder or private party not
engaged in such business; and every person, firm, corporation or
association engaged in any such business shall in advertising
goods, property or service for sale, either through "liner ads" or
other wise, affirmatively and clearly indicate that the seller is engaged
in such business and is not a private party.
c. It shall be deemed deceptive advertising and a violation of
the provision of this section, for any person, firm, corporation or
association, in a newspaper or other publication, or in any other
manner hereinbefore set out, to offer to the public, for sale or
distribution, any merchandise which is secondhand or used merchandise,
or which is defective in any manner, or which consists
of articles or units or parts known as "seconds" or blemished
merchandise, or which has been rejected by the manufacturer
thereof as not first class, unless there be conspicuously displayed
in direct connection with the name and description of such merchandise
and each specific article, unit or part thereof, an unequivocal
statement, phrase or word which will clearly indicate
that such merchandise or each article, unit or part thereof so advertised
or is blemished merchandise, or has been rejected by the manufacturer
thereof as not first class as the fact may be.
d. Any person, firm, corporation or association violating any
of the provisions of this section shall be liable to a fine of not
less than twenty nor more than five hundred dollars, and each
day's publication or continuance shall be deemed a separate offense.
CHAPTER XXIV.
Chain Gang—Prisoners.
Sec. 310. Establishment.
A prisoners working force to be known as a chain gang, shall
be established in this City and shall be under the direction and
control of the City Manager, subject to such rules as may be prescribed
by the Council. The City Manager shall direct such chain
gang or part thereof to be worked at such time and places as he
may designate or as necessity may require.
Sec. 311. Who liable thereto.
Any male person over the age of eighteen years convicted of
a misdemeanor, or any offense, and sentenced to confinement
in jail as a punishment, or part punishment, or who is imprisoned
for failure to pay any fine or penalty, imposed upon or assessed
against him upon such conviction, or for any violation of any ordinance
of this City which is punishable by fine and imprisonment
or for failure to give a bond required of him, shall be required
to work in such gang, unless excused for cause by the
City Manager.
Sec. 312. Manager—assistant.
The City Manager shall appoint a competent and efficient person
as manager of said chain gang and when necessary shall appoint
another as assistant manager.
Sec. 313. Their duties and authorities.
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 City Manager and may
be suspended or removed from office peremptorily by the City
Manager or Council, without formal proceedings, for any cause
deemed sufficient by him or them.
Sec. 314. Rules and regulations.
The following rules shall govern the City Manager and other
officers in the discharge 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 Jailor
and shall require them to perform such labor as may previously
have been designated by the City Manager. 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 or by the City Manager.
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 6; 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 Jailer shall promptly
notify the physician of the jail, who shall visit such prisoner during
the day in which he is so notified; if in his opinion the prisoner
is unfit for work, he shall so certify to the City Manager,
and shall continue to visit the prisoner daily so long as he may require
medical attention.
6. Should any prisoner or person assigned to work on said
chain gang disobey any proper order of the officers in charge of
said chain gang or any rules and regulations of the Council, he
shall be punished by said officers in charge so that the same be
not less than fifteen nor more than thirty-nine stripes or lashes
in any one day. Such punishment to take place at the jail, or in
lieu thereof, or in addition thereto such disobedience may be reported
to the Civil and Police Justice who may add such additional
punishment as he may deem proper.
Sec. 315. Prisoners—credit for good conduct—additional
allowance.
Prisoners shall be allowed a credit upon their term of imprisonment
in addition thereto shall be allowed a credit of 50c per day for
each day of confinement whether the same be on account of sentence
imposed or for failure to pay fine or costs, but nothing
herein contained shall prevent the City from collecting said fine
and costs or any part thereof by Civil Proceedings.
Sec. 316. Prisoners—limitation of confinement for failure
to pay fine and costs.
If any person is confined in jail until his fine and costs, or
costs where there is no fine, are paid, such confinement shall not
exceed ten days when the fine and costs, or costs where there is
no fine, are less than $5.00; when less than $10.00 it shall not exceed
twenty days; when less than $25.00 it shall not exceed one
month; when less than $50.00 it shall not exceed two months,
and in no case shall the confinement exceed three months.
Sec. 317. Commitment and release of prisoners.
No person shall be committed into the custody of the County
Jailor except upon written order of the Civil and Police Justice
or Chief of Police showing an indorsement thereon by the City
Collector stating that a true copy of the original order has been
delivered to him nor shall any person be released from the custody
of the County Jailor except upon a like order and indorsement.
CHAPTER XXV.
Regulating Storage, Transportation and Handling of
Explosives—Steam Boilers.
Sec. 318. Gunpowder and other explosives.
Except as hereinafter provided no gunpowder, blasting powder,
nitroglycerin or other high explosives shall be kept within
the City limits.
(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, close-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, 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 nitroglycerin 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 shall permit more than the said quantity of any
kind of the 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.
Any person who shall violate any of the clauses of the foregoing
section in regard to gunpower 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 $5.00 nor more than $50.00, for each offense.
Sec. 319. Gasoline filling stations prohibited.
No person, firm or corporation shall operate a gasoline or oil
filling station for public service within 300 feet of any hospital,
sanitorium, church, public school or public library within the
City. The 300 feet specified herein is to be measured over a
straight course between the nearest point of the building of such
proposed filling station, and the nearest point of such existing
hospital, sanitorium, church, public school, or public library.
This section shall not apply to filling stations already in operation
at the time of the passage of this section, but no additional
filling station shall be operated without a special permit from the
Council.
Any violation of this section shall be punished by a fine of not
less than $10.00 nor more than $25.00, and each day such violation
continues shall constitute a separate offense.
Sec. 320. Gasoline, benzine or naphtha—sale and storage.
(1) It shall be unlawful to store or keep for use or sale gasoline,
City, except under the following conditions and restrictions.
(a) In dwelling, apartment or tenant houses not exceeding
one gallon in approved metal can free from leak.
(b) In drug, hardware, paint, oil stores, or in garages ten
gallons or less if in approved, metal cans, free from leak.
(c) In tailoring shops, printing offices, pressing establishments,
or other establishments where the use of gasoline, benzine or
naphtha is inherent to the business—not exceeding five gallons in
approved standard metal cans made for the purpose. No other
can to contain more than one quart.
(d) Outside of any building and not less than 30 feet therefrom—not
exceeding ten gallons in closed metallic cans.
(e) No gasoline, benzine, naphtha or other highly volatile liquid
shall be poured into or removed from any container in the
presence of any artificial light other than an incandescent electric
lamp.
(2) No tank for the storage of gasoline, benzine, naphtha, or
other highly volatile liquid of more than 10 gallons capacity shall
be installed without a written permit from the City Manager.
The fee for such permit shall be $1.00 for each tank installed.
(3) No permit shall be issued for the storage or keeping for
sale or use gasoline, benzine, naphtha or other highly volatile
liquid exceeding ten gallons in quantity, (except as provided
in article (5) of this section) save in underground (buried in
the ground) metal tanks with no opening for drawing off contents
below the level of the ground, but to be drawn from by
pumps. Such tanks shall be constructed of metal or iron galvanized
or painted and of suitable thickness and weight, and
shall be provided with a fill and vent pipe so arranged that the
fill pipe cannot be opened with the vent; and also these pipes
shall be provided with a screen near the top and filler pipe terminating
in an iron cover which shall be kept locked.
Said tanks shall be buried at least three feet below the surface
of the ground if beneath the building, or if outside of the building
and within ten feet thereof. If outside and more than 10
feet from any building they shall be at least one foot below the
surface of the ground.
Said tank or tanks shall not be installed within two feet of the
within four feet of any other tank used or to be used for similar
purpose; and in no case shall such tanks be so connected that
the contents may flow or be drawn from one tank to another
and no connection of any nature between tanks will be permitted.
(4) Within the fire limits of the City of Charlottesville as
now existing or as hereafter changed or amended no tank for
the storage of gasoline, benzine, naphtha or other highly volatile
liquid having a capacity of more than 560 gallons shall be installed;
provided however, that nothing herein shall prevent the
use or repair of tanks of more than 560 gallons capacity installed
prior to the passage of this section or in territory which
may be embraced within the fire limits by subsequent changes
or amendments thereto.
(5) Outside of the fire limits as now existing or as hereafter
changed or amended no tank of more than 25,000 gallons capacity
for the wholesale storage (or storage in quantity) of gasoline,
benzine, naphtha or other highly volatile liquid shall be
erected or installed; provided however, that nothing contained
herein shall prevent the repair or use of any such tank for this
purpose installed prior to the passage of this section.
If buried underground, said tank or tanks shall be lower than
floors, basements, cellars, or pits of all buildings within a radius
of 50 feet. The top of the tank shall also be at least 3 feet under
the ground and below any piping to which the tank may be
connected. Except in lieu of the three feet of earth, tank may
be buried under 18″ of earth and covered with reinforced concrete
at least 6″ in thickness which shall extend at least one foot
beyond the outline of the tank in all directions; said concrete
shall be set on a firm foundation and be surrounded with soft
earth or sand, well stamped into place or encased in concrete.
Tank may have a test well, provided the test well extends to near
the bottom of the tank and 12 feet above the source of supply
and top and shall be hermetically sealed and locked except when
necessarily open.
The tank shall be of galvanized steel, basic open hearth steel
or wrought iron of a minimum thickness of 5/16 of an inch. The
use of wooden top tanks is prohibited.
Tanks shall be riveted, welded or brazed, and shall be soldered,
like manner, and if to be used with a pressure discharge system
shall safely sustain a hydrostatic test at least double the pressure
to which the tank may be subjected; top of tank to be securely
fastened to top ring, with joints of equal tightness to those between
rings. They shall be covered with asphaltum or other
non-rusting paint or coating. All pipe connections shall be
made through flanges or reinforced metal securely riveted, welded
or bolted to tank and made thoroughly tight.
Tanks shall be constructed entirely of metal, including top,
sides, and bottom; all openings shall be gas tight, except beneath
vent which shall be screened. All tanks shall be electrically
grounded by resting directly on moist earth or otherwise electrically
grounded to permanent moisture, perferably to water
piping and to the satisfaction of the City electrican and Chief of
the Fire Department. No insulated connection shall be permitted.
Telephone or similar poles, projections liable to act as discharge
points shall be kept as far as practicable from tanks.
The tank shall have a vent pipe at least 1″ in diameter which
shall run from the top of the tank to at least 12 feet above ground
level and shall terminate in a goose neck protected in the outer
end by a 40×40 mesh or equivalent noncorrodible wire screen,
or a tank at all times, even during filling operations, may be used.
If erected above ground said tank shall conform to the same
requirements concerning quality of material, thickness thereof,
riveting, welding, venting, freedom from leaks, electrical grounding,
non-insulated connection, freedom from electric wiring or
similar apparatus; as are required herein for underground installations.
Said tank shall be erected only on steel or metal supports of
sufficient size and thickness for carrying the load to be imposed
thereon, and on concrete foundations.
(6) All installations under authority of this section shall be
under the direction and meet with the approval of the City Manager.
(7) Nothing in this section shall apply to any tank, permission
to erect and maintenance of which has already been granted.
(8) Any person, firm or corporation violating any of the
provisions of this section shall be fined not less than $10.00 nor
constitute a separate offense.
Sec. 321. Insulation and operation of steam boilers.
No steam boiler, carrying over ten pounds of pressure per
square inch, shall be erected or operated within the City limits
unless an inspection certificate of a recognized insurance or casualty
company is filed with the City Manager not later than
May 1st of each year, or on or before such steam boiler is put
in operation.
Any person violating the provisions of this section shall be
fined $5.00 for each day he fails to comply.
CHAPTER XXVI.
Animals in City.
Sec. 322. Dangerous animals, unlawful to permit to be
at large.
No person, firm or corporation shall suffer or permit any animal
belonging to him or it or under the control of him or it and
known or reasonably suspected of being dangerous to go at large
in the City of Charlottesville, or be kept in said City at any time
except in strict confinement in such manner as to be safe for the
public. Any violation of this section shall be punished by a fine
of not less than $3.00 nor more than $25.00 and each day such
animal is allowed at large shall be considered a separate offense.
If the owner of such animal shall fail to take it into custody
after being notified to do so by the Chief of Police the said animal
may be killed by any police officer who may deem it necessary for
the safety of the public. Upon complaint or warrant alleging
that a dangerous animal is being allowed to run at large in said
City, or is not being confined in such manner as to be safe for the
public, the owner, or person, firm or corporation in control of
such animal shall be brought before the Civil and Police Justice
of said City and after inquiry into the facts, such Justice shall
order such animal killed by the Police Department or make such
further disposition of the case as shall insure the future safety
of the public from danger from such animal and if such owner
or party in control of such animal cannot be ascertained, then
such animal shall be taken into custody by the Police Department
and tried and disposed of as hereinbefore provided just as
if the owner or party in control of such animal were present.
Sec. 323. 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 $1.00 nor more than $5.00 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
Police 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. 324. Fowls—the straying of fowls.
Any owner of fowls of any description who does not confine
them so as to prevent their straying to the premises of others
shall be fined not less than $1.00 nor more than $5.00.
Sec. 325. Limits within which no hogs may be kept—
permits to keep hogs outside of limits—revocation
of permits.
It shall be unlawful for any person to keep any live hogs, except
for immediate shipment or slaughter within the following
boundaries:
Beginning at the point where the City limits cross the Free
Bridge Road, thence with said City limits in a southerly direction
to Monticello Road, thence in a westerly direction to Monticello
Avenue, thence with Monticello Avenue to the intersection
of Monticello Avenue and Meridian Street, thence along Meridian
Street in a southerly direction to Alta Vista Avenue, thence
along Alta Vista Avenue in a westerly direction to Scottsville
Road, thence along Scottsville Road in a northerly direction to
Conway's Alley, thence with a straight line in a northwesterly
direction to a culvert under First Street about 150 feet south of
the Rothwell Cold Storage Plant, thence along First Street in a
southerly direction to the southeastern corner of the colored section
of Oakwood Cemetery, thence in a southwesterly direction
to Hartman Mill Road, at the entrance to Lankford's Green
Houses, thence along Hartman Mill Road, in a westerly direction
to Ridge Street, thence crossing Ridge Street in a westerly
direction along an alley nearly opposite the Hartman Mill Road
to Fifth Street, thence along Fifth Street in a northerly direction
to a point where Elm Street, if extended, would cross Fifth Street,
thence along said extension and Elm Street in a westerly direction
to Ninth Street, thence along Ninth Street to Cherry
Street, thence along Cherry Street in a westerly direction
to the Southern Railroad, thence along the Southern
Railroad in a westerly direction to the City line, thence along the
City line in a northerly direction to the Old Barracks Road, thence
along the Old Barracks Road in a southerly direction to the
southeast corner of Washington Park, thence in a northerly
direction to Concord Avenue, thence along Concord Avenue to
Rose Hill Street, thence southerly along Rose Hill Street to
Charlton Avenue, thence easterly along Charlton Avenue to the
old line of the Southern Railroad, thence northerly along the
old line of the Southern Railroad to the City limits, thence with
the City limits in an easterly direction to St. Clair Avenue,
thence along St. Clair Avenue in a southeasterly direction to Hazel
Street, thence along Hazel Street to the point of the beginning.
Hogs may be kept within the City limits outside of said boundaries
only after permit has been granted by the Chief of Police
after approval of the City health officers. Such permit shall be
granted only upon application signed by all owners of property
within two hundred and fifty feet of nearest residence of the
place where such hogs are to be kept. Such permit shall be revoked
by the Chief of Police upon reasonable written complaint
signed by three owners of adjoining property or such permit may
be revoked by the Council.
Any violation of this section shall be punished by a fine of
not less than $2.50 nor more than $25.00 for each offense.
Sec. 326. 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 $1.00 nor more than
$5.00 for each day such violation continues.
Sec. 327. Bitches in heat.
No person shall permit any bitch in heat to go at large in the
street, or allow her to remain on his premises to the annoyance
of the neighborhood. The owner of any bitch violating the provisions
of this section shall be fined not less than $5.00 nor more
than $10.00, and the bitch shall be taken into custody by the Police,
twenty-four hours, the bitch shall be killed; but the killing of
the bitch shall not exempt its owner from the fine.
Sec. 328. 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 Civil and Police Justice to show cause why they shall
not be fined for noncompliance with this section. The fine shall
be not less than $2.50, nor more than $10.00 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 Civil and 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 $10.00 in any case. No policeman
shall shoot any unmuzzled dog found at large, in the
street, unless necessary to protect the public.
Sec. 329. 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 unjustifiable physical pain or suffering is caused or permitted;
and the words "owner" and "person" shall be held to
include corporations as well as individuals; and the knowledge
and acts of any person employed by corporations in regard to
such corporation, shall be held to be the act and knowledge of
such corporation. Any one convicted of violating this section
shall be fined not less than $5.00, nor more than $50.00 for each
offense.
Sec. 330. Birds—unlawful to kill.
Any one who shall kill any sparrow, martin, wren, or other
bird, shall be fined $1.00 for each offense. But this section shall
not apply to domestic pigeons when killed by the owner, English
sparrows or starlings.
Sec. 331. 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
$10.00.
Sec. 332. 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
$5.00 for every twenty-four hours that such nuisance or offensive
matter may remain.
Sec. 333. 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 $5.00.
Sec. 334. Animals—when dead from infectious diseases,
how disposed of.
When any cow, horse, or other animal shall die of a contagious
or infectious disease, the owner thereof shall forthwith
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 $10.00.
Sec. 335. Exhibiting stallion or jack.
If any person shall exhibit any stallion or jack, otherwise than
in harness or under saddle, or have the same serve a mare, within
the corporate limits, he shall be fined not less than $5.00 and
not more than $10.00 for each offense.
CHAPTER XXVII.
Water.
Sec. 336. Water—application for—how made—deposit
—connecting charge—temporary connection.
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 City Collector
on forms prescribed by him and approved by the City
Manager. Such application shall be accompanied by a payment
equal to the minimum charge for the unexpired period, and a deposit
of $5.00 (no deposit required where the owner of the property
to be supplied signs the application agreeing to pay for water
supplied on account of the application), and shall set forth
the name of the applicant, the location and description of the
property into which the water is to be introduced, and the purpose
for which the water is to be used. The City Manager 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, and install a water
meter thereon unless the connection has been previously made.
For turning water on again after it has been cut off for non-payment,
there shall be a charge of $1.00 payable in advance. There
shall be a charge of $10.00 payable in advance for all temporary
connections.
Sec. 337. Size of connections.
In tapping the mains for service pipes, no pipe of greater diameter
than three-fourth inch, shall be used unless the owner of
the property to be served has agreed in writing to pay the entire
cost of the connection including the meter.
Sec. 338. 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 $25.00 nor more than $100.00.
Sec. 339. Water—fraudulent use—penalty.
Any occupant of premises, upon which water has been introduced,
who shall permit water to be used, taken or received by
any person other than the said occupant or members or visitors
of his family, except as provided in this chapter, shall be fined
$5.00 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. 340. Water fixtures—right of inspection.
Every person occupying any lot or tenement into which water
is conveyed under this chapter shall permit any authorized agent
of the City, to enter such lot or tenement, at 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 $5.00.
Sec. 341. Unauthorized persons turning on and off water.
No person, firm or corporation shall turn off or cause to be
turned off or on the City water at the curb stop cock box, or meter
box; or remove or replace a water meter or to make any connection
connecting the City water with the house service after a
meter has been removed; or to make any connection around a
meter or to otherwise disturb, deface, remove, or change any
portion of the City's water system; other than a regular licensed
plumber or his authorized agent acting under authority of the
plumbing code, or one of the City's authorized personnel while
acting in his official capacity.
Any person, firm or corporation violating any provision of
this section shall be deemed guilty of a misdemeanor and shall
upon conviction, be fined not less than $25.00 nor more than
$100.00.
Sec. 342. Waterworks—reservoirs, etc.—injuries to—
penalty.
If any person shall deface or injure any house, wall, cock,
wheel, fire hydrant, or other fixtures connected with or pertaining
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 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 $5.00 nor
more than $100.00.
Sec. 343. Steam boilers—use of City water.
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
repairs or extentions, as the City will not be responsible for
any accidents or damages to which such devices are frequently
subject.
Sec. 344. Meter rates for water.
Water rates shall be as follows:
Domestic Rates, minimum charge per month or fractional part
thereof, $1.00.
| Per 1000 cu. ft. | |
| First 1000 cu. ft. | $2.62½ |
| Next 1000 cu. ft. to 2000 cu. ft. | 2.25 |
| Next 1000 cu. ft. to 3000 cu. ft. | 1.50 |
| Next 1000 cu. ft. to 4000 cu. ft. | $1.12½ |
| All over 4000 cu. ft. | .90 |
| Factory Rates minimum charge per month $5.00 | |
| First 10,000 cu. ft. | .97½ |
| Next 20,000 cu. ft. to 30,000 cu. ft. | .82½ |
| Next 10,000 cu. ft. to 40,000 cu. ft. | .75 |
| All over 40,000 cu. ft. | .60 |
Consumers outside of the City limits 50 per cent additional.
If any water meter shall fail to register, the charge shall be
estimated from the readings for the three preceding months.
Water rates for every consumer using water solely for domestic
uses for himself and family and not exceeding two roomers
or boarders shall be payable quarterly in advance.
Water rates for all other consumers shall be payable monthly
in advance.
This section shall not apply to special contracts for the use of
water authorized by the Council.
Sec. 345. Water consumers.
For the purpose of supplying City water each premises shall
be placed in one or more of the following classes:
1st. A building under one roof and occupied as one residence,
business or manufacture.
2nd. A combination of buildings in one common inclosure and
occupied by one family, business or manufacture.
3rd. Every division of a double or tenement house having a
partition wall and using separate hall or entrance.
4th. A building of one or more apartments using in common
one hall or entrance.
5th. A building of one or more apartments or offices or both,
using in common one hall or entrance.
6th. A vacant lot or tract of land.
The owner of premises within each such class shall constitute
a water consumer for which a minimum charge will be made.
One connection and one meter will be allowed for one consumer
as described above and only one water consumer can be supplied
through one connection or meter.
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.
Before the City furnishes water through pipe lines laid by
property owners, said private lines including the size, location
and construction must have been inspected and approved by the
City Manager or his authorized representative. Whenever the
City furnishes water through any privately laid pipe lines, the
City shall maintain such lines so long as it furnishes water
through them. In consideration of such maintenance the City
shall have the right to connect with and furnish water to such additional
consumers through said lines as the City may determine,
without any charge being made by the owners of said lines to
the City or to the owners of any property connected therewith.
Sec. 347. Water—obstruction of meters.
No person shall in any manner obstruct the free access to any
water meter. Any person violating this section shall be punished
by a fine of not less than $1.00 nor more than $5.00 for each offense.
Sec. 348. Water—how furnished to non-residents—
taps on raw water line.
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. No taps shall be
made on the raw water line for consumers.
Sec. 349. 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 of this chapter shall
upon conviction be fined not less than $5.00 nor more than $25.00
for each offense unless otherwise expressly provided.
CHAPTER XXVIII.
Gas.
Sec. 350. Gas—application for—how made.
Whenever any person, firm or corporation occupying property
along the line of any gas main, shall desire said property to be
supplied with gas, he shall make written application therefor, to
the City Collector on form prescribed by him and approved by
the City Manager. Such application shall be accompanied by
the deposit required in section 352 of this chapter, and shall set
forth the name of the applicant and location and description of
the property to be served. No additional gas connections outside
the corporation shall be made without special permission of the
Council.
Sec. 351. Gas rate.
The Gas Rate shall be as follows:
| First 5 M cu. ft. | $1.35 per M cu. ft. |
| Next 5 M cu. ft. | 1.25 per M cu. ft. |
| Next 20 M cu. ft. | 1.15 per M cu. ft. |
| Next 70 M cu. ft. | 1.00 per M cu. ft. |
| All over 100 M cu. ft. | .90 per M cu. ft. |
| All Prepayment Meters | 1.35 per M cu. ft. |
Sec. 352. Deposit by gas consumers—when gas bills
are payable—service charge for gas connection.
1. Deposit: Any person, firm or corporation which shall hereafter
begin the use of City gas, shall before connection is made
and meter placed make a deposit according to the following schedule:
A consumer operating a hotel, restaurant, eating house, hot dog
stand or similar business, catering to transients, $25.00; a consumer
operating a boarding house accommodating more than ten
boarders, $10.00; all other consumers, $5.00, except in cases
where prepay meters are used the deposit shall be $2.50.
Said deposit or any part thereof, may, at the option of the City,
connection with City gas. Until the account of such consumer
with the City shall be closed out, said deposit shall be kept unimpaired
by the consumer and when the account is closed out, the
balance if any, shall be returned to the consumer or his personal
representative, or assigns.
2. When Gas Is Cut Off: The gas furnished to any consumer
shall be cut off whenever any charge therefor remains unpaid beyond
the last day allowed for payment and when any consumer
shall fail, after ten days' notice, to make good any impairment of
the deposit hereinbefore provided for.
3. Connecting Charge: For turning gas on again after it has
been cut off for non-payment there shall be a charge of $1.00
payable in advance.
4. Gas Bills Payable: All gas bills for the preceding month
are due and payable on or before the tenth of each month and
where such bills are not paid before the tenth day of each month
the service shall be discontinued.
Sec. 353. 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 any
way interfere with any gas meter or fixtures connected therewith
under a penalty of not less than $2.00 nor more than $10.00
for each offense.
Sec. 354. Expense of repairs, etc., to be borne by consumers.
All repairs or replacement of meters, except those due to ordinary
wear and tear, shall be made by the City at the expense
of the gas consumer. The consumer shall be responsible for the
contents of all pay meters until collected by the City.
Sec. 355. Complaints against gas bills—testing meters.
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.
On request of the consumer the City shall cause to be tested
the gas meter and if said meter is found inaccurate, exceeding
2 percent the meter shall be replaced at the expense of the City,
if such meter is found to be within 2 percent accurate the consumer
shall pay $1.00 for this service.
Sec. 356. Loss of gas at fires to be protected.
It shall be the duty of the Superintendent of the gas plant
and such other men as may be employed about the works whom
he may from time to time designate, to attend at places where
from fire or other cause there is danger of loss of gas by burning
or waste, and 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. 357. Examination of meters and fixtures.
Gas apparatus and premises of consumers shall be examined
and leaks stopped, free of charge on receiving notice of any suspected
leak.
Sec. 358. 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 City at the expense of the same. The property owner
shall pay actual cost of pipe and its installation over and above
25 lineal feet from the property line.
Sec. 359. Repairs made at expense of City—interference
with gas pipes—penalty.
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 $2.00 nor more than
$20.00.
Sec. 360. Unauthorized additions to pipes and fixtures
and the introduction of gas therein.
Any person or persons who shall open a communication into
authority, or who shall let on the gas after it has been stopped,
by order of the Gas 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 $5.00 nor more than $20.00 for each offense.
Sec. 361. Right of access to premises.
The authorized agent of the City 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. 362. Turning on or using gas without authority.
If any person without proper authority shall turn on gas in
any premises whatsoever, or if any person shall take, receive or
use said gas without proper authority, he shall pay a fine of not
less than $5.00 nor more than $50.00 for each offense.
Sec. 363. Obstructions.
If any person shall place any building material, rubbish, or
other matter on the stopcock of the street main, or service pipe,
or obstruct any fixture connected with the gas works or remove
or injure any pipe or open same so as to waste the gas, he shall
be fined not less than $5.00 nor more than $20.00 for each offense.
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.
Before the City furnishes gas through pipe lines laid by property
owners, said private lines, including the size, location and
construction must have been inspected and approved by the City
Manager or his authorized representative. Whenever the City
furnishes gas through any privately laid pipe lines the City shall
maintain such lines so long as it furnishes gas through them. In
to connect with and furnish gas to such additional consumers
through said lines as the City may determine, without any charge
being made by the owners of said lines to the City or to the
owners of any property connected therewith.
CHAPTER XXIX.
Health and Sanitation—Joint Board of Health.
Sec. 365. Board of health—its composition, organization,
powers, duties, etc.
1. The City Board of Health shall be composed of the two
members of the Joint Health Board which are selected by the
County of Albemarle, the member of said Joint Health Board
which is selected by the University of Virginia, and the two
members of said Joint Health Board which are selected by the
City of Charlottesville, and said Joint Health Board, when selected
and organized as provided for in a contract dated November
19th, 1930, by and between the said County, City and University,
creating said Joint Health Board, shall be in fact, and
the same is hereby made the Board of Health of the City of
Charlottesville.
2. The two members of said Board to be selected by the City
as aforesaid, shall be appointed by the City Council, and shall
hold office until September 1st, 1932, and shall be elected thereafter
for a term of two years, and the other members of said City
Board shall hold office so long as they, or their successors, shall
remain members of the Joint Health Board.
3. The said Board shall exercise, perform and carry out all
the powers, duties and obligations now or hereafter prescribed
by this Code or State law which pertain to Public Health and
Sanitation.
4. Such officers, agent, and employees as said Board shall appoint
in pursuance of the aforesaid contract of November 19th,
1930, shall have all the powers and shall perform all the duties,
now or hereafter prescribed by City ordinance or State law which
pertain to Public Health and Sanitation.
Sec. 366. Health officer—his duties.
Subject to the supervision, direction and control of the Joint
Health Board, the Health Officer shall:
1. Have full direction and responsibility for the administration
to appoint, fix the salaries, fix the duties and hours of work, regulate
the leaves of absence, and remove for cause the employees
of the Joint Health Department.
2. He shall make regular report of the work of the Joint
Health Department at the regular meetings of the Joint Health
Board and shall make special reports to said Board whenever
requested by its chairman, and shall keep the Board of Supervisors
of the County and the Council of the City informed of
the activities of the Joint Health Department and shall make financial
report quarterly to the Council.
3. He shall budget the account of his department in such way
as to secure a maximum efficiency and economy in the administration
of his Department. Disbursement of funds of the Department
shall be made upon vouchers signed by the Health Officer.
The Health Officer shall be responsible for the proper
expenditure of the funds of his Department. He shall make financial
statements quarterly to the Council, the chairman of the
Board of Supervisors of Albemarle County, and the Bursar of
the University of Virginia.
4. He shall keep proper records of the affairs of his Department
including its receipts and expenditures and such records
shall be open to the inspection of any properly authorized officer
of the City, County or University of Virginia.
5. He shall perform all the duties and have all the powers
now or hereafter prescribed by City ordinances or by State law
which pertain to public health and sanitation.
Sec. 367. Rules and regulations of the board of health—
penalty and violation.
The Board of Health shall have power to adopt and enforce
such reasonable rules and regulations as they may deem necessary
for health and sanitation not in conflict with this chapter and
State law, but such rules and regulations shall be subject to the
approval of the Council and spread upon the Ordinance Book
and shall be published in a newspaper published in the City; but
in case of epidemics, rules and regulations for suppressing the
same shall immediately become effective.
It shall be unlawful for any person to violate any such rules
and regulations and upon conviction of the person so offending,
he shall be punished by a fine of not less than $10.00, nor more
than $50.00 for the first offense and not less than $25.00 nor more
than $100.00 for each subsequent offense.
Sec. 368. Condemnation of wells and springs dangerous
to health.
Whenever the City Health Officer is informed or learns that
any well or spring in the City may be in such condition as to endanger
the health of persons who use or may use water therefrom,
he shall immediately cause such spring or well to be examined.
If after such examination he shall be of the opinion
that such spring or well is in such condition as to endanger the
health of persons using or who may use water therefrom he
shall serve a warning notice on those who are liable to use the
water and put a warning sign upon or near to said well or spring
or other source of water, and shall summon the owner of the
property or his agent, if he be a non-resident, or his guardian
or committee requiring him to appear before the Civil and Police
Justice, to show cause why such spring or well should not
be closed or put in safe condition.
If, after hearing the case, it shall appear that the spring or
well is in such condition as to endanger the health of persons
using or who may use water therefrom, the Civil and Police Justice
shall require such spring or well to be effectively closed or
made safe within a reasonable time to be fixed by him. If such
spring or well shall not be closed or made safe within the time
specified, the Civil and Police Justice shall summon the owner,
or his agent, if he be a non-resident, or his guardian or committee,
to show cause why such owner should not be fined for failure
to comply with such order and to show cause why the spring
or well should not be effectively closed or made safe at the expense
of the owner thereof.
If at such hearing no sufficient cause be shown for failure to
comply with said order, the owner of such spring or well shall
be fined not less than $10.00 nor more than $25.00 for each day
his failure to comply with such order be continued, and the Civil
and Police Justice may further require such spring or well to
thereof.
Sec. 369. Control of communicable diseases—duty of
physicians.
(1) All physicians practicing their profession within the limits
of the City, or within one mile thereof, who shall have cases
of contagious or infectious diseases within said limits, shall report
the same in writing to the Health Officer immediately after
the facts shall have come to their knowledge. For every failure
to comply with this subsection, the penalty shall be $10.00.
(2) Owners or occupants of all residences, tenements or
rooms within the City or within one mile thereof, where highly
communicable diseases exist shall directly or through their physicians,
notify the Health Officer of the existence and character
of such disease.
(3) Immediately upon the receipt of the information that any
case of highly communicable disease exists in the City, or within
one mile thereof, it shall be the duty of the Health Officer, or
his duly authorized representative, to visit the case and in his
discretion establish strict quarantine on all persons of the premises
or remove the case to a place of detention if such be established.
The Chief of Police shall assist the Health Officer in enforcing
quarantine order.
(4) On receipt of the information of the existence of such
disease the Health Officer shall see that the residence, tenement
or rooms, where the infected person is located, is properly placarded
and shall notify the Superintendent of Public Schools to
prevent any teachers, scholars, or employees residing in such residences,
tenement or rooms, from attending the Public Schools of
the City without a written certificate from the Health Officer that
it is safe for such person to do so.
(5) No person shall knowingly sell, or cause to be sold, or
otherwise dispose of in any such manner as to cause said disease
to spread, any clothes, bed clothing, or any other article or articles
which are infected.
(6) No one shall displace, deface, remove, cover or conceal
from view any placard or notice posted as above provided until
representative.
(7) Any persons violating provisions of this Section shall be
fined not less than $5.00 nor more than $50.00 for each offense,
unless otherwise provided.
Sec. 370. Removal of sick.
The Health Officer is hereby empowered to order the removal
of all persons afflicted with any contagious disease, provided
proper isolation can not be maintained at place of sickness, to
some safe and proper place within the jurisdiction of the corporation,
when in his opinion, the public safety and health of the
City requires the same; to rent a suitable place for their comfort
and accommodations; to hire nurses and to 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 diseased
themselves, when responsible persons) refusing to comply with
the order of the Health Officer, or other authorized agent, shall
be fined $2.00 per hour during the time of such refusal to comply
with the order aforesaid, to be recovered by warrant before
the Civil and 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 Health Officer, nor to authorize them to remove any subject,
at a period of the disease, when the life would be endangered
thereby.
Sec. 371. Smallpox vaccination.
Every teacher and pupil shall, within ten days after entering
the City Schools, furnish a certificate from a reputable physician
certifying that such teacher or pupil has been successfully vaccinated,
or a certificate from the Health Officer that such teacher
or pupil is entitled to exemption from vaccination by reason of
a peculiar physical condition; but nothing in this section shall
preclude a School Board from requiring immediate vaccination
in the case of an epidemic of smallpox, or the annual revaccination
Sec. 372. Nuisances.
(1) The Health Officer 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. It shall be the duty
of all police officers to observe at all times the sanitary condition
of their districts, and to report promptly to the Health Officer,
through the Chief of Police, any nuisance or accumulated filth
found to exist in any part of this City. When any such thing
shall be found, which, in the opinion of the Health Officer, is or
is likely to become, injurious to health, the Health Officer shall
require the person causing said nuisance, or the owner or the occupant
of the premises on which such thing is, to correct the
evil forthwith in such manner as he may deem expedient; and
should such person fail to execute the order of the Health Officer,
the said nuisance may be removed by the City Manager at
the cost of the City and such cost, with 20 per centum additional
as a fine shall be collected of such persons as other fines for violation
of City ordinances are collected.
(2) 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 forthwith upon order of the Health Officer.
Upon failure to comply, the City Manager is hereby authorized
to have such stagnant water drained and such marshy place filled
at the expense of the City, and may collect the expense for so
doing from the owner or occupant of the property with twenty
per centum on such amount as a fine.
(3) 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. Under
no circumstances shall the discharge from a water-closet,
kitchen sink, or slops from a kitchen, be turned in the street.
Any one violating this subsection shall be fined $2.00 for each
to abate the same.
(4) If any person after being notified by the Health Officer to
remove anything belonging to him, or any nuisance caused by
him, or to bury or to destroy anything belonging to him, or
found on premises owned or occupied by him, shall fail to do so
for twenty-four hours after such notice, he shall forfeit $2.00
for each hour of such failure after the expiration of said twenty-four
hours; and it shall be the duty of the City Manager to have
the same done at the expense of the City which expense shall be
reimbursed to the City by the person through whose default the
same incurred, together with twenty per centum upon the amount
as a fine.
Sec. 373. Providing for the proper disposal of human
excreta, and prescribing construction, maintenance,
scavenger, and inspection of privies, etc.
(1) The owner of every building now erected, or which may
hereafter be erected, remodeled or repaired, whether occupied
or to be occupied for any purpose shall cause the same to be connected
with the City sewer, provided such building or premises
be on or along the line of a public sewer, unless in any case it can
be shown to the satisfaction of the Health Officer that there is
no necessity for such connection. It shall be unlawful for any
person to have any privy on his lot or in any home on the line of
the City system of sewerage that is not connected therewith.
All buildings and premises, whether situated on public lanes or
courts, or on such lanes or courts as have not been accepted by
the Council as public when the same opens in to the street on
which the City sewers are laid, shall be considered on the line of
the said City system of sewerage; and the owner of building and
premises on said lanes and courts, not accepted as public, shall
run at his expense a laternal to connect therewith, in accordance
with regulation herein contained governing sewers.
The plumbing and drainage system of every building shall be
separately connected with public sewer at property lines, and in
a row of tenements each tenement shall be deemed a separate
house. The connection of more than one building to the same
the City Manager.
In cases where it is not practicable or possible to make connections
with City system of sewers, the use of septic tanks or cesspools
will be allowed in the discretion of the Health Officer and
in all cases shall be constructed and maintained in accordance
with directions of the Health Officer.
(2) It shall be unlawful for any person in Charlottesville to
throw out, deposit or bury within the City limits, any excreta
from human bodies, solid or liquid, or to dispose of such substance
in any manner other than by means of a properly sewered
water closet or a constructed sanitary privy.
(3) All buildings or other places in said City where human
beings live, are employed, or congregate, shall be provided with
a sewered water closet or a sanitary privy for the catchment, or
receiving of human discharge, which will properly dispose of
and safeguard such matter.
(4) It shall be unlawful for any property owner or his authorized
agent or tenant to construct, maintain or permit to exist
on any property or properties under his control, where sewer
connection has not been made, a privy unless the same be sanitary,
and constructed in accordance with the State requirements
for a sanitary privy and approved by the Health Officer.
(5) The Health Officer shall prescribe by regulations proper
size and methods of construction of such privies, and such other
details, as will render this section effective and its application
uniform. All such privies must conform to such regulations.
(6) All sanitary privies in said City shall be kept in a cleanly
condition at all times and so used that all excreta deposited therein
shall fall into the receptacle or pit provided. Such receptacle
or pit shall be used only for the purpose of a toilet, and no waste
water, garbage, or other refuse matter other than human excreta
shall be deposited therein.
(7) No privy shall be permitted to become filled to overflowing.
Before the pit is allowed to overflow a new pit must be provided
and the privy house placed thereon in accordance with directions
of the Health Officer.
(8) All privies existing or maintained in said City which do
not comply with the requirements of this Section or the regulations
a nuisance, dangerous to the public health, and the City shall proceed
to abate such nuisance in accordance with laws of said City.
(9) The City, through the Health Officer, shall have the further
right to make or cause to be made such alterations or constructions
to such privies as are found to be nuisances, that will
render them sanitary, and the entire cost of such work shall be
charged against the owner of the property. All such alterations
or constructions are to be prescribed and approved by the Health
Officer.
(10) All houses having a sewer which discharges into a septic
tank or cesspool shall be provided with an ample and approved
sub-surface distributing system to care for the effluent from such
tank or cesspool. Persons desiring to have sewer connections in
their homes, where no sewer exists with which to connect, may
be allowed to construct a septic tank, provided the same complies
with the regulations of the State Board of Health and is approved
by the Health Officer.
(11) All receptacles for sanitary privies shall be in the beginning
furnished by the property owner. Said receptacle shall be
inter-changeable from closet to closet and replacement of destroyed
or worn receptacles is to be made by the City. It shall
be unlawful for any person to take, destroy, misuse or misplace
any such receptacle.
(12) The Health Officer or a duly appointed inspector, shall
personally inspect all the privies in Charlottesville as such inspection
shall be deemed by said Health Officer necessary. The
Health Officer, or a duly appointed inspector, is hereby empowered
to enter all premises in the discharge of this duty.
(13) When an existing can privy becomes unsanitary and its
replacement is directed by the Health Officer, the new privy shall
conform to the State standards for a sanitary privy as approved
by the Health Officer.
(14) Any person who violates any of the provisions of this section,
or any person who in any way obstructs the City Health
authorities in the proper discharge of the duties prescribed in
this section, shall upon conviction, be fined in a sum of not less
than $5.00 nor more than $100.00 and may also be sentenced to
hard labor for the City for a period of time not exceeding six
separate offense.
Sec. 374. Slaughter houses—permits.
No person, firm or corporation shall own, maintain or operate
a slaughter house, abattoir or place where animals such as cattle,
sheep or hogs are killed for the purpose of sale within the corporate
limits of this City, or its police jurisdiction, without first
obtaining from the Health Officer a permit to conduct such business.
All permits shall expire December 31 of each year, and
if renewal is desired, written application must be made to the
Health Officer ten days before the date of expiration. A fee of
one dollar ($1.00) shall be charged for such permit.
Sec. 375. Slaughter houses—physical examination.
The Health Officer shall be empowered to order any physical
or laboratory examination of any employee at any time that may
be deemed necessary to determine whether a communicable or
infectious disease exists.
Sec. 376. 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 water-tight floors.
c. Shall be provided with fly screens on doors and windows
so as to prevent the ingress of flies.
d. Such provisions shall be made for the disposition of the
offal, blood, bones and hides as will be satisfactory to the Health
Officer.
e. Shall be kept in a cleanly and sanitary condition, and to
this end shall be disinfected at such intervals as may be necessary,
or as the Health Officer may require.
f. All work rooms of slaughter houses must be well lighted
and ventilated. Basements shall not be used as slaughter rooms.
g. Floors in killing rooms shall be constructed of cement, tile,
brick or similar material, throughout and properly drained.
h. Interior walls and ceilings shall be kept clean at all times.
When necessary they shall be painted.
i. A separate room with tight walls and close fitting doors
shall be provided for the storage of hides and for the tanking
equipment. The hide room shall be equipped with a concrete
floor or pit properly connected with the drainage system.
j. Refrigerators of approved type must be installed and all
dressed carcasses shall be hung therein.
k. Cattle yards, pig pens, drives, and all fields and enclosures
surrounding slaughter houses shall be clean and free from green
bones, hair, offal, putrifying flesh, manure, etc. Such enclosure
shall be well drained.
l. Toilets to be of a type approved by the Health Officer and
kept clean at all times.
m. After each day's work is complete the floors shall be
scrubbed, utensils and equipment washed, and the room or rooms
used thoroughly cleaned.
n. All work room employees shall be clean in person at all
times and shall wear clean clothing.
Sec. 377. Stables—care of, keeping, and disposal of
manure.
(1) 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 constructed
and screened in accordance with regulations of the
Health Department, a bin or pit for the reception of manure,
and, pending the removal from the premises of the manure from
the animal or animals aforesaid, shall place such manure in said
bin or pit.
(2) No person owning or occupying any building or part of
a building in which any horse, mule, cow or similar animal is
kept, shall keep any manure, or permit any manure to be kept,
in or upon any portion of the premises other than the bin or pit
provided for that purpose; nor shall any person aforesaid allow
any such bin or pit to be overfilled or to be needlessly uncovered.
(3) No person shall permit any manure to accumulate on
premises under his control in such manner or to such an extent
as to give rise to objectionable odors upon any public highway
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, shall cause all such manure to be removed
from the premises weekly.
(4) Any person violating any of the provisions of this section
or failing to carry out the orders of the Board of Health or
Health Officer as provided for in this section, shall upon conviction
thereof, be punished by a fine of not less than $2.00 nor
more than $10.00 for each offense.
Sec. 378. Milk—definitions.
Definitions.—The following definitions shall apply in the interpretation
and the enforcement of these regulations relating
to milk or the handling thereof:
(a) Milk.—Milk is hereby defined to be the lacteal secretion
obtained by the complete milking of one or more healthy cows,
properly fed and kept, excluding that obtained within fifteen
days before and five days after calving, or such longer period as
may be necessary to render the milk practically colostrum free;
which contains not less than eight and one-half per cent (8½%)
of solids not fat, and not less than three and one-fourth per cent
(3¼%) of milk fat.
(b) Milk Fat or Butter Fat.—Milk fat or butter fat is the
fat of milk.
(c) Cream.—Cream is a portion of milk which contains not
less than eighteen per cent (18%) milk fat, and the acidity of
which is not more than 0.20%, expressed as lactic acid.
(d) Skimmed Milk.—Skimmed milk is milk from which substantially
all the milk fat has been removed.
(e) Chocolate Milk. — Chocolate milk is milk to which has
been added in a sanitary manner a chocolate syrup composed of
wholesome ingredients.
(f) Buttermilk. — Buttermilk is the product which remains
when fat is removed from milk or cream, in the process of churning.
It contains not less than eight and five-tenths per cent (8.5%)
of milk solids not fat.
(g) Cultured Buttermilk.—Cultured buttermilk is the product
resulting from the souring or treatment, by a lactic acid culture,
per cent (8.5%) of milk solids not fat, and shall be pasteurized
before adding the culture.
(h) Milk Products. — Milk products shall be taken to mean
and include cream, skimmed milk, chocolate milk, buttermilk, and
cultured buttermilk, except cream and milk to be made into butter,
and condensed or powdered products.
(i) Pasteurization. — The terms "pasteurization", "pasteurized",
and similar terms shall be taken to refer to the process of
heating every particle of milk or milk products to a temperature
of not less than 142°F., and holding at such temperature for not
less than 30 minutes in pasteurization apparatus approved by the
Health Officer, provided that approval shall be limited to such apparatus
which requires a combined holder and indicating thermometer
temperature tolerance of not more than 1½°F., as
shown by official tests with suitable testing equipment, and provided
that such apparatus shall be operated as directed by the
Health Officer and so that the indicating thermometers and the
recording thermometer charts both indicate a temperature of not
less than 143½°F., continuously throughout the holding period,
provided that nothing contained in this definition shall be construed
as disbarring any other process which has been demonstrated
as of at least equal efficiency and is approved by the
Health Officer.
(j) Adulterated Milk and Milk Products. — Any substance
claimed to be any milk or milk product defined in this section,
but not conforming with its definition as given in this section
shall be deemed adulterated and misbranded.
(k) Milk Producer. — A milk producer is any person who
owns or controls one or more cows, a part or all of the milk or
milk products from which is sold and delivered to another person.
(l) Milk Distributor.—A milk distributor is any person who
has in possession, offers for sale, sells or delivers to another, any
milk or milk products for consumption or manufacturing purposes.
(m) Dairy or Dairy Farm. — A dairy or dairy farm is any
place or premises where one or more cows are kept, a part or all
any person.
(n) Milk Plant.—A milk plant is any place, or premises, or
establishment where milk or milk products are collected, handled,
processed, stored, bottled, pasteurized, or prepared for distribution.
(o) Health Officer.—The term "health officer" shall mean the
health authority of the City or his authorized representative.
(p) Average Bacterial Count.—Average bacterial count shall
be taken to mean the logarithmic average of the bacterial counts
of all samples taken during the grading period including at least
four samples taken upon separate days.
(q) Grading Period. — The grading period shall be such
period of time as the Health Officer may designate, within which
grades shall be determined for all milk and cream supplies, provided
that the grading period shall in no case exceed six (6)
months.
(r) Disinfectant.—A disinfectant shall be taken to mean any
germicidal substance approved by the Health Officer.
(s) Person.—The word "person" as used in these regulations
relating to milk or the handling thereof, shall mean "person,
or persons, firm, corporation, or association."
Sec. 379. The sale of adulterated or misbranded milk
or milk products prohibited.
No person shall within the City, or its police jurisdiction, produce,
sell, offer, or expose for sale, or have in possession with
intent to sell, any milk or milk products which is adulterated or
misbranded.
Sec. 380. Milk—sale of—permit.
It shall be unlawful for any person to bring into or receive
into the City, or its police jurisdiction, for sale, or to sell, or offer
for sale therein, or to have on hand, any milk or milk products,
who does not possess a permit from the Health Officer of the
City, and on whose vehicle there does not appear in a conspicuous
place the permit number in figures at least two inches high
and one and one-half inches wide.
Such a permit may be revoked by the Health Officer upon the
or in any emergency when in the judgment of the Health Officer
the milk supply in question has become a public health menace,
provided that the holder of said permit shall, after complying
with such revocation, have the right of appeal to the Board of
Health.
The fee for a permit to produce or transport milk or sweet
cream for consumption or sale within the City, or its police jurisdiction,
shall be one dollar ($1.00) per year.
Sec. 381. Milk—labeling and placarding.
All bottles, cans, packages, and other containers enclosing milk
or any milk products defined in section 378 shall be plainly labeled
or marked with (1) the name of the contents as given in
the definitions in section 378; (2) the grade of the contents if
said contents are graded under the provisions of this chapter;
(3) the word "pasteurized" if the contents have been pasteurized;
(4) the word "raw" if the contents are raw; (5) the name
of the producer or distributor. The label or mark shall be in
letters of a size and kind approved by the Health Officer and shall
contain no marks or words not approved by the Health Officer.
Every restaurant, cafe, soda fountain, or other establishment
shall display at all times, a card furnished by the Health Officer,
stating the grade of the milk at the time when delivered and
whether same is raw or pasteurized.
Sec. 382. Inspection of dairy farms and milk plants for
the purpose of grading or regrading.
At least once during each grading period the Health Officer
shall inspect every dairy farm producing milk or cream for consumption
within the City, or its police jurisdiction, and all milk
plants whose milk or cream is intended for consumption within
the City, or its police jurisdiction. In case the Health Officer
discovers the violation of any item of sanitation, he shall make a
second inspection after a lapse of such time as he deems necessary
for the defect to be remedied but not before the lapse of
three days, and the second inspection shall be used in determining
the grade of milk or cream. Two violations of this section on
immediate regrading.
One copy of the inspection report shall be posted by the Health
Officer in a conspicuous place upon an inside wall of one of the
dairy farm or milk plant buildings, and said inspection report
shall not be removed by any person except the Health Officer.
Another copy of the inspection report shall be filed with the records
of the Health Department.
Sec. 383. Testing of milk and milk products.
During each grading period at least four samples of milk or
cream from each dairy farm and each milk plant shall be taken
on separate days and tested by the Health Officer. Samples of
milk and cream from stores, cafes, soda fountains, restaurants,
and other places where milk products are sold shall be tested as
often as the Health Officer may require. Bacterial counts shall
be made in conformity with the standard methods recommended
by the American Public Health Association. Tests may include
such other chemical and physical determinations as the Health
Officer may deem necessary for the detection of adulteration,
these tests to be made in accordance with the latest standard
methods of the American Public Health Association and the
Association of Official Agricultural Chemists. Notices of bacterial
counts shall be given to the producer or distributor concerned
as soon as made. Samples may be taken by the Health
Officer at any time prior to the final delivery of the milk or milk
products. All stores, cafes, restaurants, soda fountains, and
other similar places shall furnish the Health Officer, upon his
request, with the name of the milk distributor from whom their
milk is obtained.
Sec. 384. Grading of milk and cream.
At least once every six (6) months the Health Officer may announce
the grades of all milk, buttermilk, cultured buttermilk,
and cream supplies delivered by all producers or distributors and
ultimately consumed within the City, or its police jurisdiction.
Said grades shall be based upon the following standards, the
grading of cream, buttermilk and cultured buttermilk being identical
with the grading of milk, except that the bacterial standard
case of buttermilk and cultured buttermilk.
(a) Grade "A" Raw Milk.—Grade "A" Raw Milk is milk
the average bacterial count of which as determined under section
383 does not exceed 100,000 per cubic centimeter, and which is
produced upon dairy farms conforming with all of the following
items of sanitation:
(1) Cows—Tests Tuberculosis and Other Diseases.—A physical
examination and tuberculin test and test for Bang's disease
of all cows shall be made before any milk therefrom is sold, and
at least once every twelve months thereafter, by a licensed veternarian
approved by the State livestock sanitary authority. Said
test shall be made and any reactors disposed of, in accordance
with the current requirements approved by the State Board of
Agriculture for accredited herds.
A certificate signed by the veternarian and filed with the Health
Officer shall be the only valid evidence of the above tests. Every
diseased animal shall be removed from the herd at once and no
milk from diseased cows shall be offered for sale. All reacting
animals shall be isolated at once and immediately excluded from
the premises. All animals failing to pass the Tuberculin test
shall be branded with the letter "T" or "TB" on the shoulder,
hip, or jaw, and removed at once and slaughtered under the direction
of the Health Officer. Each letter in the brand shall be
not less than two inches high and one and one-half inches wide.
All animals failing to pass the test for Bang's Disease shall be
dealt with as provided in the regulation of the State Board of
Agriculture.
The regulation regarding testing of cows for Bang's Disease
shall not be effective until January 1, 1933.
(2) Dairy Barn—Lighting.—Such sections of all dairy barns
where cows are kept or milked shall have at least four square feet
of window area for each stanchion.
(3) Dairy Barn—Air Space and Ventilation.—Such sections
of all dairy barns where cows are kept or milked shall have at
least five hundred (500) cubic feet of air space per stanchion,
and shall be well ventilated.
(4) Dairy Barn—Floors.—The floors and gutters of such parts
of concrete or other impervious and easily cleaned material
approved by the Health Officer, and shall be graded to
drain properly, and shall be kept clean and in good repair. No
horses, pigs, fowls, etc., shall be permitted in parts of the barn
used for dairy purposes.
(5) Dairy Barn—Walls and Ceilings.—The walls and ceiling
of all dairy barns shall be whitewashed at least once each year
or painted at least once every two years, or finished in a manner
approved by the Health Officer, and shall be kept clean and in
good repair. In case there is a second story above that part of
the barn in which cows are milked, the ceiling shall be tight.
(6) Dairy Barn—Cow Yard.—All cow yards shall be graded
and drained as well as practical and kept clean.
(7) Manure Disposal.—Barn must be cleaned thoroughly at
least once a day and the manure carried to the fields or stored
not less than fifty (50) feet from the barn.
(8) Milk House or Room—Construction. — There shall be
provided a separate milk house or milk room for the handling
and storage of milk and the washing and disinfecting of milk
apparatus and utensils, provided with a tight floor constructed
of concrete or other impervious material and graded to provide
drainage. The walls and ceilings of the milk house or room
shall be of such construction as to permit easy cleaning, and shall
be painted at least once each year, or finished in a manner approved
by the Health Officer. The milk house or room shall be
well lighted and ventilated and all openings effectively screened
to prevent the entrance of flies, and shall be used for no other
purpose than the handling and storage of milk or milk products
and other operations incident thereto. The cleaning and other
operations shall be so located and conducted as to prevent any
contamination to the milk or to disinfected equipment. The milk
room shall not open directly into a stable or into any room used
for domestic purposes.
All milk houses constructed after January 1, 1933 must be
located not nearer than five feet (5) of dairy or more than fifty
(50) feet. The milk house shall have at least three rooms, one
utensils and one for boiler.
(9) Milk House or Room—Cleanliness and Flies.—The floors,
walls, ceilings and equipment of the milkhouse or room shall be
kept clean at all times. All means necessary for the elimination
of flies shall be used.
(10) Toilet.—Every dairy farm shall be provided with a sanitary
toilet constructed and operated in accordance with the provisions
of this Code governing excreta disposal.
(11) Water Supply.—The water supply shall be easily accessible,
adequate and of a safe, sanitary quality.
(12) Utensils—Construction.—All containers or utensils used
in the handling or storage of milk or milk products must be made
of non-absorbent material and of such construction as to be easily
cleaned, and must be in good repair. Joints and seams shall be
soldered flush. All milk pails shall be of a narrow-mouthed design
approved by the Health Officer.
(13) Utensils—Cleaning.—All containers and other utensils
used in the handling, storage, or transportation of milk and
milk products must be thoroughly cleaned after each usage.
(14) Utensils—Disinfection.—All containers and other utensils
used in the handling, storage, or transportation of milk or
milk products shall between each usage be disinfected with live
steam, chlorine, or in a manner approved by the Health Officer.
(15) Utensils—Storage.—All containers and other utensils
used in the handling, storage or transportation of milk or milk
products shall be stored so as not to become contaminated before
again being used.
(16) Utensils—Handling. — After disinfection no container
or other milk or milk product utensil shall be handled in such a
manner as to permit any part of the person or clothing to come in
contact with any surface with which milk or milk products come
in contact.
(17) Milking—Udders and Teats.—The udders and teats of
all milking cows shall be clean at the time of milking.
(18) Milking—Flanks.—The flanks, bellies and tails of all
milking cows shall be free from visible dirt at the time of milking.
(19) Milkers' Hands.—Milkers' hand shall be clean, rinsed
with a disinfectant, and dried with a clean towel immediately before
milking. Should the milking operation be interrupted, the
milkers' hands must be redisinfected. Wet hand milking is prohibited.
Convenient facilities shall be provided for the washing
of milkers' hands.
(20) Clean Clothing.—Milkers and milk handlers shall wear
clean outer garments while working.
(21) Milk Stools.—Milk stools shall be kept clean.
(22) Removal of Milk.—Each pail of milk shall be removed
immediately to the milk house or straining room. No milk shall
be strained in the dairy barn.
(23) Cooling.—Milk must be cooled to as low a temperature
as circumstances will permit not above 60°F and kept at such
temperature until delivered to consumer or pasteurizing plant.
(24) Bottling and Capping.—Milk shall be bottled from a
container with a readily cleanable valve, or by the means of a
bottling machine approved by the Health Officer. Bottles must
be capped by a machine. The machine shall be cleaned and disinfected
before each usage. Caps shall be purchased in sanitary
containers and kept therein until used.
(25) Personnel—Health Certificates.—Every person connected
with a dairy or milk plant whose work brings him in contact
with the production, handling, storage, or transportation of milk
or milk products shall have within twelve months passed a medical
examination made by the Health Officer, and shall submit
such specimens of bodily discharge as the Health Officer may
require.
(26) Notification of Disease.—Notice shall be sent to the
Health Officer immediately by any milk producer or distributor
upon whose dairy farm or in whose milk plant any case of sickness
or any infectious, contagious, or communicable disease occurs.
(b) Grade "B" Raw Milk.—Grade "B" Raw Milk is milk the
average bacterial count of which at no time prior to delivery exceeds
200,000 per cubic centimeter, or which falls in class 1 as
determined by the reductase test as described in the Standard
Methods of Milk Analysis of the American Public Health Association,
and which is produced upon dairy farms conforming
with all the items of sanitation required for Grade "A" Raw Milk,
except that the cooling temperature shall be changed to 70°F.
(c) Grade "A" Pasteurized Milk.—Grade "A" Pasteurized
Milk is Grade "A" Raw Milk which has been pasteurized, cooled,
and bottled in a milk plant conforming with all of the following
items of sanitation and the average bacterial count of which at
no time after pasteurization and until delivery exceeds 30,000
per cubic centimeter, with the exception that cows producing this
milk need not be tested for Bang's disease:
(1) Floors.—The floors of all rooms in which milk is handled
shall be constructed of concrete and other equally impervious and
easily cleaned material and shall be smooth, properly drained and
provided with trapped drains, and kept clean.
(2) Walls and Ceilings.—Walls and ceilings of rooms in
which milk is handled or stored shall have a smooth, washable,
light colored surface and be kept clean.
(3) Doors and Windows.—All openings into the outer air
shall be effectively screened to prevent the access of flies. Doors
shall be self closing.
(4) Lighting and Ventilation.—All rooms shall be well lighted
and ventilated.
(5) Protection from Contamination and Flies. — The various
milk-plant operations shall be located and conducted so as
to prevent any contamination to the milk or to the disinfected
equipment. All means necessary for the elimination of flies shall
be used. This requirement shall be interpreted to include separate
rooms for (a) the pasteurizing, cooling, and bottling operations;
(b) the container-washing and disinfecting operation. Pasteurized
milk shall not be permitted to come into contact with
equipment with which unpasteurized milk has been in contact
until subsequent to disinfection. Rooms in which milk or cream
not open directly into any stable or living quarters.
(6) Toilet Facilities. — Every milk plant shall be provided
with toilet facilities conforming with the provision of this Code.
There shall be at least one room or vestibule not used for milk
purposes between the toilet room and any room in which milk
or milk products are handled or stored. The doors of all toilet
rooms shall be self-closing. Toilet rooms shall be kept in a clean
condition, in good repair, and well ventilated. In case privies
or earth closets are permitted and used, they shall be separate
from the building and shall be of a sanitary type constructed and
maintained in conformity with the provisions of this Code.
(7) Water Supply.—The water supply shall be easily accessible,
adequate, and of a safe, sanitary quality.
(8) Washing Facilities.—Washing facilities shall be provided,
including hot running water, soap, and sanitary towels of a type
approved by the Health Officer. The use of a common towel
is prohibited.
(9) Milk Piping. — Only "sanitary milk piping" of a type
which can be easily cleaned with a brush shall be used.
(10) Construction of Equipment.—All equipment with which
milk comes in contact shall be constructed in such a manner as to
be easily cleaned.
(11) Disposal of Wastes.—All wastes shall be disposed of in
conformity with the requirements of the Health Officer.
(12) Cleaning and Disinfection of Containers and Apparatus.
—All milk containers and milk apparatus shall be thoroughly
cleaned after each usage and disinfected in a manner approved
by the Health Officer immediately before each usage.
(13) Storage of Containers.—After disinfection, all bottles,
caps, and other containers shall be stored in such manner as to be
protected from contamination.
(14) Handling of Containers and Apparatus.—Between disinfection
and usage all containers and apparatus shall be handled
in such manner as to prevent any part of the person or clothing
from coming in contact with any surface with which milk or
milk products come in contact.
(15) Storage of Caps.—Milk-bottle caps shall be purchased
and stored only in sanitary tubes and shall be kept therein until
used.
(16) Pasteurization. — Pasteurization shall be performed as
described in sec. 378. The time and temperature record charts shall
be dated and preserved for a period of one year for the information
of the Health Officer.
(17) Cooling.—All milk not pasteurized within two hours
after it is received at the plant shall then be immediately cooled
to a temperature of 50 degrees Fahrenheit or less and maintained
thereat until pasteurized; and all pasteurized milk shall be immediately
cooled to a temperature of 50 degrees Fahrenheit or
less and maintained throughout until delivery.
(18) Bottling.—Bottling shall be done at the place of pasteurization
in automatic machinery approved by the Health Officer
in such manner as to prevent any part of the person or clothing
from coming in contact with any surface with which milk or
milk products come in contact.
(19) Overflow Milk.—Overflow milk which has become machine
contaminated shall not be sold for human consumption.
(20) Capping.—Capping shall be done by machinery approved
by the Health Officer. Hand capping is prohibited.
(21) Time of Delivery.—Milk to be consumed in the form of
whole shall be delivered to the final consumer within 60 hours of
the time of pasteurization.
(22) Health Certificates. — Every person connected with a
milk plant whose work brings him or her in contact with the
handling, storage, or transportation of milk or milk products
shall have within twelve months passed a medical examination
made by the Health Officer or a licensed physician approved by
the Health Officer, and shall submit such specimens of bodily
discharge as the Health Officer may require.
(23) Notification of Disease.—Notice shall be sent to the
Health Officer immediately by any milk producer or distributor
upon whose dairy farm or in whose milk plant any case of infectious,
contagious, or communicable disease occurs.
(24) Personnel—Cleanliness.—All persons coming in contact
clean outer garments and shall keep their hands clean at all times
while thus engaged.
(d) Grade "B" Pasteurized Milk.—Grade "B" Pasteurized
Milk is grade "B" Raw Milk which has been pasteurized, cooled,
and bottled in a milk plant conforming with all of the requirements
for grade "A" Pasteurized Milk.
(e) Grade "A" Raw or Pasteurized Milk.—Dairy farms producing
this grade "A", Raw, or Pasteurized Milk shall score at
least eighty points on the official score card of the State Dairy
and Food Division, and of the eighty points at least forty points
must be for methods and the average bacteria count shall not exceed
one hundred thousand per cubic centimeters.
(f) Grade "B" Raw or Pasteurized Milk.—Dairy farms producing
this grade of milk shall score at least seventy points on
the official score card, and of the seventy points at least thirty-five
points must be for methods and the average bacteria count
does not exceed two hundred thousand per cubic centimeter.
Sec. 385. Grades of milk and cream which may be sold.
Beginning January 1, 1933, no milk or cream shall be sold to
the final consumer, or to restaurants, soda fountains, grocery
stores, or similar establishments, except Grades "A" Pasteurized,
and Grade "A" Raw. This section shall not be construed as forbidding
the sale of lower grades of milk and cream during temporary
periods of regrading not exceeding 30 consecutive days.
Milk which is to be pasteurized and used for the manufacture
of ice cream may also be sold. Grade "A" Raw Milk may also
be used in the manufacture of ice cream.
Sec. 386. Milk—supplementary regrading.
At any time between regular announcements of milk grades
any producer or distributor may make application for regrading
his product.
In case the applicant's existing low grade is due to failure to
meet the bacteriological or temperature requirements, said application
must be supported by at least two examinations made subsequent
to the end of the previous grading period and indicating
last grading announcement and conforms with the requirements
of a higher grade. The samples upon which the said two analyses
are made may be brought to the Health Department laboratory
by the applicant.
Upon the receipt of a satisfactory application, the Health Officer
shall make at least four examinations upon samples collected
by the Health Officer of the applicant's output within a period
of not less than two weeks and not more than three weeks of the
date of the application. The Health Officer shall award a higher
grade immediately in case the said four analyses indicate the necessary
quality.
In case the applicant's existing low grade is due to a violation
of an item of sanitation other than bacterial count, said application
must be accompanied by a statement to the effect that the
violated item of sanitation has been conformed with. Within
two weeks of the receipt of such an application the Health Officer
shall make a reinspection of the applicant's establishment and,
in case the findings justify, shall award a regrade.
At any time between regular announcements of milk grades
the Health Officer shall lower the grade of any milk producer or
distributor if, as a result of inspection or milk analyses, a lower
grade shall be justified in accordance with the terms set forth
herein.
Sec. 387. Transferring or dipping milk.
No milk producer or distributor shall transfer milk or milk
products from one container to another upon the street or in any
vehicle or store, or in any place except a bottling or milk room
especially used for that purpose, except as may be specially permitted
by the Health Officer in the case of milk being delivered
in bulk. The sale of dip milk is hereby expressly prohibited.
It shall be unlawful for hotels, soda fountains, restaurants, and
similar establishments to sell or serve any milk except in the
original container in which it was received from the producer or
distributor, provided that this requirement shall not apply to
mixed milk drinks.
All pasteurized milk shall be placed in its final delivery container
in the plant in which it is pasteurized. The delivery of
residences shall be subject to the special requirements of the
Health Officer.
Sec. 388. Milk and cream from points beyond the inspection
of the city.
Milk and cream from points beyond the inspection of the City
may not be sold in the City, or its police jurisdiction, except as
may be authorized by the Health Officer after inspection and all
the requirements of this chapter have been fulfilled.
Sec. 389. Spitting in milk room—prohibited.
No person shall spit in any part of any room, vehicle or other
place used for the sale, storage, handling, or transportation of
milk.
Sec. 390. Delivery of milk—vehicles.
All vehicles used for delivery of milk in the City, or its police
jurisdiction, shall be so constructed as to protect the milk from
the sun and from contamination. Such vehicles shall be kept
clean while used in transporting milk or milk products. No substance
capable of contaminating milk or milk products shall be
transported with milk or milk products in such manner as to permit
contamination.
Sec. 391. Milk—denaturing misbranded products.
The Health Officer may denature with rennet or some harmless
matter any milk or milk products found misbranded with respect
to grading or sold without a permit, provided that if the conditions
warrant the milk or milk products may be destroyed.
Sec. 392. Repasteurization prohibited.
No milk or milk products shall be pasteurized more than once
except as may be specially permitted by the Health Officer.
Sec. 393. Future dairies and milk plants.
All dairies and milk plants from which milk is supplied to the
City, which are hereafter constructed, shall conform in their
construction to the requirements of the Health Officer, which
shall not be less than the Grade "A" requirements of section 384.
Sec. 394. Penalty.
Any person who shall violate any provision of the foregoing
sections relating to milk or the handling thereof shall be fined
not less than $5.00 nor more than one hundred dollars ($100.00).
Each and every violation of the provisions of this section shall
constitute a separate offense.
Sec. 395. Food establishment—definition.
The term "Food Establishment" shall be construed to mean
any place (except where used principally as a private home) in
which food products are manufactured, prepared, packed, handled,
stored, sold or distributed and shall include hotels, inns,
boarding houses (where there are more than five boarders),
restaurants, cafes, lunch counters, all public eating houses, and
the kitchens thereof; all bakeries, bake shops, delicatessens, confectioneries,
candy factories, ice cream factories, and parlors,
refreshment stands, soda fountains, fruit stores, fruit stands,
wagons from which food is sold, groceries, markets, meat markets,
bottling plants, places where milk is bottled or exposed for
sale, and other similar places.
Sec. 396. Food establishments—permits.
Any person, firm or corporation operating or managing any
"Food Establishment" as hereinbefore defined, shall, before engaging
in such business, secure a permit from the Health Officer,
or his duly authorized representative. Permits shall be issued
on or before the first day of January of each year, or later
according to when application for same is made, and shall expire
on December 31 of each year. A permit shall only be issued to
a food establishment when it has been determined by previous
inspections that these regulations and all the other rules and regulations
of the Board of Health are being constantly complied
with. The fee to be charged for the above permit shall be one
dollar ($1.00).
Sec. 397. "Food establishment," to be kept in a sanitary
condition.
Every person, firm or corporation keeping, maintaining, or being
in charge of any "Food Establishment" shall keep the same
in a clean and sanitary condition.
Sec. 398. Food—protection from flies, dust, dirt, etc.
Food in the process of manufacture, preparation, packing, and
when stored, on sale or offered for sale shall be securely protected
from flies, dust and dirt; and food ready for consumption
without further preparation, maintained or offered for sale or
exchange, shall be covered by some permanent means, such as
glass, wood, metal, or other suitable materials, in such manner
or means to adequately protect same from dirt, dust and other
contamination. The use of newspapers, old sacks, unclean paper
or any paper that has been formerly used as an outside or
inside wrapping of articles of food is hereby prohibited. No
food, meat, or other food article shall be exposed on the sidewalks
or streets, except as may be necessary in transporting
from one place to another.
Sec. 399. Food establishments—screens.
All doors, windows, transoms, flues and other openings which
open to the outer air from food establishments shall be properly
screened with not coarser than fourteen mesh wire from the
first day of March until the first day of December. This shall
not apply to wholesale groceries and flour and meal mills.
Sec. 400. Food establishments—utensils, etc.
All utensils and appliances, machines, racks, molds, trucks, tables,
blocks, dishes, silverware, towels, napkins, table covers,
aprons, jackets and all other equipment or articles in use in the
preparation, storage, serving or distributing of food stuffs—
such places shall be maintained in a clean and sanitary manner.
The floors, side walks, ceilings, furniture, receptacles, implements
and machinery of every food establishment shall at all
times be kept in a clean, healthful and sanitary condition.
Sec. 401. Food establishments — ventilation, lighting,
etc.
Every building, room, basement or cellar occupied or used as
a food establishment shall be properly lighted, drained, plumbed
and ventilated and conducted with due regard for the purity and
wholesomeness of the food therein produced, sold or stored, and
with strict regard to the influence of such conditions upon the
No food shall be kept, stored or sold in a damp place.
Except at night, live poultry shall not be kept in the same room
or compartment in which meat or other foodstuffs are kept or
offered for sale.
Sec. 402. Food establishments—ice boxes.
All ice boxes and refrigerators in food establishments shall at
all times be kept in a clean and sanitary condition. All different
articles of food stored in ice boxes shall be kept in separate containers.
Sec. 403. Food establishments—garbage cans.
All food establishments shall be equipped with covered, watertight
metallic cans of sufficient size for retaining and keeping
garbage and waste in a sanitary manner and shall at all times
be kept covered and so disposed as not to cause a nuisance.
Sec. 404. Food establishments—employees, washing facilities,
etc.
No one shall sleep or be permitted to sleep in any room where
food is stored, prepared, cooked or served. No employee or
other person in any way connected with the handling, cooking,
or preparing of any foodstuffs or products in any food establishment
shall engage at work following a visit to a water-closet,
urinal, or toilet room, without first thoroughly cleansing his or
her hands. Washing facilities shall at all times be maintained
in a clean and sanitary condition. Water, soap, individual clean
towels and individual drinking glasses shall be furnished those
employed.
Sec. 405. Food establishments—toilet facilities.
It shall be unlawful to operate, maintain, or conduct any business
where the process of production, manufacture, packing,
canning, selling, or disposing of food products for consumption
is conducted in any building, room or basement, unless the person
so owning, conducting, managing or operating said business
shall provide or cause to be provided a sanitary toilet, which
shall be located separate and apart. All doors opening directly
into the room or rooms wherein such process of production,
shall be solid and have automatic closing devices. Every
urinal, water-closet or toilet shall be kept in a clean and sanitary
condition at all times, and a standard disinfectant shall be used
constantly in such urinals, water-closets and toilets.
Sec. 406. Food establishments—clothing of employees,
expectoration, etc.
Every person employed in a food establishment or engaged in
handling articles of food to be sold or offered for sale shall be
clean in person at all times and wear clean garments when engaged
in the preparation or disposition of foods. No employee
or other person shall expectorate on the floors or walks of any
such food establishment.
Sec. 407. Food establishments — infectious diseases
and disease carriers.
It shall be unlawful for any person to engage in the handling
or dispensing of foodstuffs in any food establishment while suffering
from or a carrier of contagious or infectious disease. It
shall be unlawful for any person to engage in the handling,
preparation, sale or dispensing of any foodstuffs or be employed
at any food establishment during the time a case of infectious,
contagious or communicable disease exists at the place where
such person resides, or during the time that such place is quarantined
or thereafter until the quarantine shall have been removed,
except with the permission of the Health Officer. It shall be
unlawful for any proprietor, manager, or other person in charge
of a food establishment to employ any person suffering from any
infectious, contagious or communicable disease, or known to be
a carrier of same, or residing at a place where an infectious, contagious
or communicable disease exists. Violation of the provisions
of this section shall be punished by a fine of not less than
twenty-five dollars nor more than one hundred dollars for each
offense, and each day shall constitute a separate offense.
Sec. 408. Food establishments — physical examination
of food handlers required.
The Health Officer shall be empowered to order any physical
be deemed necessary to determine whether a communicable disease
exists.
Sec. 409. Food—spoiled, diseased or adulterated food.
Whenever any health, sanitary, police or other officer of the
Health Department of the City shall find in any food establishment
or other place any rotten, diseased, unwholesome, adulterated
or misbranded foodstuffs, substance or articles intended for
human food or drink, it shall be the duty of such officer or agent
to notify the owner, manager, or person in charge of such articles
to remove such foodstuffs or articles to some proper place
and destroy the same in the presence of said officer or agent, or
such officer or agent may seize such foodstuff or articles and destroy
it, provided that said officer or agent may retain any amount
desired for examination or use as evidence in any prosecution
under this section. It shall further be unlawful for any person,
firm or corporation, after notification by the Health Officer to
offer for sale or sell vegetables that have grown on soil that has
been impregnated or fertilized with human excrement within a
period of twelve months from time of such fertilization. All
containers in which spoiled food has been placed shall be thoroughly
cleansed before a second use.
Sec. 410. Meats, handling of food, etc.
All beef, pork, mutton, goat, poultry, fish, oysters, and shell
fish and other meats offered for sale shall be subject to inspection
by a proper representative of the Health Officer, who shall have
power to condemn any such meats or fowl unfit for human consumption.
It shall be unlawful for any person, firm or corporation
engaged in the sale of meats and other foodstuffs to permit
meat articles of food which are of such nature that they may
be defiled or polluted by handling to be exposed for sale in such
manner that they may be handled by prospective purchasers or
others by whom such handling is not necessary. Meats, meat
products, or other foodstuffs shall not be brought into, transported
or sold in the City unless properly covered and adequately
protected against pollution, flies, dust, dirt, etc. Meats, meat
products, fish and shell fish on sale or in storage shall be kept in
offering for sale any beef, pork, mutton, or goat which has not
been killed and inspected at an abattoir approved by the Health
Officer, shall first obtain a permit from the City Health Officer.
Such meat and all animals to be slaughtered and the premises
where slaughtered shall at all times be subject to inspection by a
representative of the Health Officer. It shall be unlawful for
any person knowingly to sell or offer for sale any part of the
carcass of a diseased animal unless approved by an accredited
veterinarian. The penalty for the violation of this section shall
be the revocation of the permit and a fine of not less than $100
or thirty days in jail, or both.
Sec. 411. Wrap bread.
All bread, rolls, biscuits, cakes and pies and all other baked
goods, sold, exchanged or delivered in the City shall be closely
wrapped in a clean paper before leaving the building, provided,
however, the provisions of this section shall not apply to hotels,
restaurants, boarding houses, or other places where bread is
made for their own use.
Sec. 412. Milk served in food establishments.
It shall be unlawful for any person keeping, maintaining, or
managing any hotel, inn, cafe, restaurant, lunch room, soda fountain,
refreshment stand, or other place where milk is sold or
distributed to the general public in the City, to serve, or to offer
to serve, to any person, any milk, except buttermilk, unless it be
in a regulation bottle tightly stoppered and bearing the name of
the individual, firm, or corporation, on the bottle cap in legible
type who was responsible for bottling said milk. Said milk shall
be bottled in a lawfully constructed bottling room at the dairy
farm or milk depot, and in no case shall be bottled in any other
place.
Sec. 413. Ice cream and soft drinks, etc.
All ice cream parlors, soda fountains, and other places where
ice cream, sodas, milk, soft drinks and soda fountain sundries
are sold shall comply with the following requirements:
(a) All utensils shall be thoroughly washed and cleaned after
live steam.
In lieu of the above requirements paper cups or paper tumblers
with individual spoons will be allowed for individual use
only.
(b) The use of straws is forbidden except when such straws
are protected from dust, dirt, and handling by employees and
others.
(c) As soon as empty, all ice cream, milk and cream containers
shall be thoroughly cleaned and covered so that no flies or
foreign matter may enter said container or cans.
(d) All the ice cream dips and other utensils and appliances
used in connection with the preparation and dispensing of ice
cream, soda, milk and soft drinks, shall be washed in running
water and kept in a sanitary condition and protected from flies.
Sec. 414. Food establishments—inspections.
Regular visits shall be made by the representatives of the
Health Officer to all food establishments for the purpose of examining
the methods practiced in the handling and disposing of
foods and ascertain if the provisions of these regulations are
being complied with. The representatives of the Health Officer
shall "score" on a score card adopted by the Board of Health
each food establishment. If two successive inspections made at
least one week apart reveal the successive scores below the minimum
score allowed by the Board of Health the permit of that
food establishment may be revoked by the Health Officer. If
any particularly unsanitary condition is found on inspection, the
Health Officer, in his discretion, may revoke the permit immediately.
If any person owning or operating any food establishment
as defined in section 395 shall hinder, obstruct or refuse access,
ingress or egress to any officer of the Department of
Health, while upon his official duties as inspector of the food
establishment, said food establishment shall have its permit revoked.
Sec. 415. 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
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 article shall be wrapped or covered with newspaper
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.
Sec. 416. Penalties.
Any violation of any of the foregoing sections relating to
food or food establishments except as otherwise provided, shall
be punished by a fine of not less than ten dollars for the first
offense and twenty dollars for any subsequent offense. In case
of more than two offenses the permit herein required may be
revoked by the Health Officer.
Sec. 417. Barber shops—regulations of.
(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 that 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 the 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 knowledge is suffering from a
communicable 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 equipment used
therein at all times in a cleanly condition.
(5). No barber shall use for the service of any customer a
comb, hair brush, hair duster or any analogous article that is
shears, scissors, clippers or tweezers that are not thoroughly
clean or that have not been sterilized since last used.
(6). 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.
(7). Every barber shall cleanse his hands thoroughly immediately
before serving each customer.
(8). 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.
(9). No barber shall permit any person to use the head rest
of any barber 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.
(10). 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.
(11). No barber shall undertake to treat any disease of the
skin.
(12). Any person violating any of the provisions of these
regulations shall, upon conviction thereof be fined not less than
$5.00 nor more than $25.00.
(13). 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 in a conspicuous
place for the information and guidance of persons working or
employed therein, and for information of the public.
(14). 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 "barber's
apprentices" and barber shop boys, and beauty shop operators.
The word "manager" means any person having for the time
being control of the premises and of persons working or employed
therein.
(15). A permit shall be issued by the Health Officer to conduct
such business and the fee for same shall be one dollar. The
permit expires on December 31st of each year.
CHAPTER XXX.
Mortuary Reports and Vital Statistics.
Sec. 418. Health officer to be local registrar of vital
statistics—his duties.
The Health Officer shall be the local Registrar of vital statistics
for the City. He shall perform such duties as are or may
hereafter be prescribed by the State law or by the Council.
Sec. 419. 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 physician or Coroner, a
certificate of death to the local Registrar on forms prescribed by
the State law. Any physician or Coroner who shall neglect or
refuse to make the reports herein required, shall be fined not
less than $5.00 nor more than $25.00 for each offense.
Sec. 420. 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 Registrar,
nor otherwise than in accordance therewith, and no permit
shall be issued by the said Registrar 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 Registrar. Any person violating this section
shall be fined not less than $5.00 nor more than $25.00.
Sec. 421. Permit for removal of dead bodies beyond
city limits.
No undertaker or other person shall remove the body of any
the City limits for the purpose of burial, without first procuring
a permit to do so from the local Registrar, under a penalty of not
less than $5.00 nor more than $25.00 for each offense.
Sec. 422. 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 $5.00 nor more than $15.00.
Sec. 423. 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
any undertaker who may have charge of the burial, and the right
of any other person acquainted with the facts of the case, to report
the same to the Health Officer, who shall thereupon be authorized
to give the required certificate; provided it be not a case
requiring the attendance of the Coroner.
Sec. 424. Stillborn children.
Stillborn children and those dead at birth shall be registered as
births and also as deaths and a certificate of both birth and death
shall be filed with the local Registrar.
Sec. 425. Physicians and midwives to register.
It shall be the duty of all physicians and midwives practicing
in the City to register their names with the local Registrar.
Sec. 426. 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 file with the local Registrar a certificate of births as
required by the State law. 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
after the birth and it shall be the duty of the local registrar to secure
the necessary information and signature to make a proper
certificate of birth. Any 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 $1.00 nor more than $10.00 for
each offense.
Sec. 427. Duty of keeper in charge of cemetery.
Every keeper or other person or officer in charge of any cemetery
or burial ground within the City shall make a weekly report
to the Health Officer of the number of bodies buried by him
during the preceding week and shall also return to said Health
Officer the permit required by section 420.
Sec. 428. Forms—permits—certificates.
The local Registrar shall supply forms, issue permits, require
proper certificates and keep records as may now or hereafter be
provided by state law, but the salary paid Registrar as Health
Officer shall be in lieu of all fees provided by state law.
CHAPTER XXXI.
Parks and Cemeteries.
Sec. 429. Superintendent—appointment.
The City Manager shall appoint, subject to the approval of the
Council, a superintendent of parks and cemeteries, who shall have
special charge of the public parks and cemeteries and of all property
of the City in and about the same.
Sec. 430. His powers and duties.
He shall employ, subject to the approval of the City Manager,
such help as may be needed for the proper maintenance and operation
of the same. He shall have all the powers of a member
of the City Police Force within the parks and cemeteries over
which he has jurisdiction, and within one 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 not less than $5.00 nor more than $25.00 for each offense.
Sec. 431. Laying off lots—mapping and selling of same.
The superintendent shall lay off the cemeteries, not already
mapped, into sections, half sections, and quarter sections and
eighth sections, and shall have three maps made of the same by
the City Engineer. One of said maps shall be kept by him, one
by the City Engineer, and the other recorded in the Clerk's Office
of the Corporation Court, and he shall sell the sections, half
sections, quarter sections and eighth sections, as shown on said
maps at such prices as may be fixed from time to time by the
Council.
Sec. 432. Deed to sections.
The Mayor shall have authority and it shall be his duty to execute
in the name and on behalf of the City proper deeds conveying
with general warranty of title to any purchaser thereof any
section in any cemetery of the City to which the City has a clear
title, upon the certificate of the City Collector that the purchase
seal of the City shall be affixed and attested by the Clerk of the
Council. However, 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, except as to those parts set aside for colored,
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. 433. To whom lots shall be sold.
All the sections in Maplewood and Oakwood cemeteries shall
be used exclusively for the burial or interment of white persons;
except that part in Oakwood which has been set apart by the
Council for colored persons.
Sec. 434. Burial of paupers.
The Council shall designate such portion of Oakwood Cemetery
as may be necessary for the interment or burial of paupers.
Sec. 435. 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 City Collector on the first
day of July the following fee, viz.: For a whole section $8.00;
half section, $5.00; quarter section, $2.50; one-eighth section,
$1.50, for keeping such sections in good condition.
Sec. 436. Perpetual care of sections.
There shall be established a fund to be known as "a fund for
the perpetual care of sections or parts thereof in the cemeteries,
now or hereafter owned or controlled by the City of Charlottesville."
(a) Any owner or other party in interest may deposit with the
City Collector such sum to provide for the perpetual care of his
section or part thereof, as will at 5% per annum produce that
amount now required to be paid by owners of sections for the
annual care of said sections or parts thereof. That is to say:
Owners of whole sections will deposit $160.00.
Owners of half sections will deposit $100.00.
Owners of quarter sections will deposit $50.00.
Owners of eighth sections will deposit $30.00.
Owners of grave spaces, per space, $20.00.
(b) Such sums so deposited shall be entered upon the records
of the City to the credit of the above described fund in the name
of the party paying the same, and shall so stand to the credit of
said account as long as this arrangement may be in effect.
(c) That the City shall keep such sections or parts thereof as
shall have been deposited for, in good condition, that is to say,
they shall be kept in good sod, the grass shall be kept in shape,
except that the City shall not be held liable for the deterioration
of the stones or markers caused by erosion.
(d) Should the City, at any time, discontinue the control and
supervision of the several cemeteries, then such funds shall be
transmitted to its successors, or returned to the estates paying
such sums into said fund.
(e) There shall be a Perpetual Care Cemetery Commission
who shall be custodian of said fund. Said Commission shall be
composed of the Mayor, the City Treasurer, the City Auditor and
the Chairman of the Finance Committee. It shall be the duty of
the said Commission to properly invest said fund and to turn into
the City Treasury, annually on the last day of the fiscal year,
the income accruing from said fund.
Sec. 437. Fees for digging graves.
For digging a grave for a person fourteen years of age and
over, the fee shall be $10.00; and for graves for persons under
fourteen years of age the fee shall be $5.00, which fees shall be
paid in advance unless guaranteed by some responsible person,
and every grave shall not be less than five feet in depth. No interment
shall be made which shall disturb the remains of the
dead, or which shall displace or injure any monument or stone
placed over a grave.
Sec. 438. Trespass, etc.
For breaking, injuring or destroying any monument, gravestone
or mark, shrub, plant or tree in the cemeteries, or parks, or
any property appertaining thereto, or for trespassing in any manner
fined not less than $2.00 nor more than $20.00.
Sec. 439. Care of graves of war veterans.
The Superintendent of Parks and Cemeteries is directed to
take care of the graves of soldiers who served in the war between
the States, the Spanish-American War and the World War wherever
there is a marker or inscription to identify them, at the expense
of the City where no provision has been made for their upkeep.
Sec. 440. Record of burials.
The Superintendent of Parks and Cemeteries shall keep a record
of each cemetery on plats prepared by the City Engineer
showing the name, lot and section number, grave and date of interment
of every person buried in said cemeteries.
CHAPTER XXXII.
Fire Department.
Sec. 441. Fire departments—Control and supervision.
The Fire Department of the City shall be under the control
of the City Council. All drivers, enginemen and other persons
in the employ of the Fire Department shall be elected
by the Fire Company at its annual August meeting and such
election shall be forthwith reported to the City Council together
with the salaries to be paid, for confirmation or rejection
at its September meeting. In event the Council rejects any or all
of the persons so elected, said Council shall at once proceed to
elect. In event of a vacancy the Mayor shall fill the same by appointment,
the appointee to serve until the next regular meeting
of the Fire Company when said Company shall elect a person to
fill such vacancy and present his name to the Council for confirmation
or rejection as above.
Sec. 442. 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 at its next regular meeting. In case the
Fire Company shall fail to 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
prescribed.
Sec. 443. Chief—his duties and powers.
The chief, or in his absence, the assistant chief, shall have control
over all members of the Fire Department while in service at
fires, and may for insubordination thereat, suspend any member
from service for such a 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,
except City officials and employees in the discharge of their
duties, shall have the right to enter within the ropes surrounding
such fire, except owners of property threat, or such other persons
as may obtain permission of the chief or his assistant. Said
officers shall have the authority to take into custody all persons
persisting in any interference with the work of the Fire Company;
and upon conviction such person shall be fined not less
than $5.00 nor more than $10.00. 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 actual
loss, and make report thereof to the City Manager for each
month by the tenth of the next month. He shall make such reports
to the State Commissioner of Insurance as may be required
of him by state law. Said chief shall deliver to his successor in
office records pertaining to the Fire Department which may be in
his control.
(a) For the purpose for which the Department exists, the
chief shall have full supervision of all apparatus pertaining to
the Fire Department.
(b) All orders deemed necessary by the Council for the good
of the Department shall be issued through the chief or his assistant,
to the employees or subordinates; but if the chief or his assistant
refuses or neglects to communicate such orders by posting
or otherwise as the Council may direct, then the Council may
cause its orders to be issued in such manner as it may direct.
(c) Any charges preferred in writing against a member of the
before the Fire Company for action at its next meeting not less
than ten days after such charges are preferred; the action of the
Fire Company in the premises must be referred to the Council at
its next regular meeting for confirmation or further investigation
or proceedings therein. In the event of failure to refer the decision
of the Company as above provided the Council may proceed
with the investigation de novo.
Sec. 444. 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 three
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 one year. 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
offices, to faithfully perform the duties of the office to which they
have been elected.
Sec. 445. Foreman of fire house, his duties, etc.
The chief of the Fire Company shall designate one of the employees
at the fire house as foreman in charge of the fire house;
said appointment to be reported to the Council for confirmation
or rejection, the same as in case of the election of employees by
the Fire Company, whose duty it shall be to see that the sundry
apparatus is kept in good condition and ready at any and all times
to respond to a call; and to see that the apparatus are kept in good
condition and properly cared for at and after returning from a
fire; that the hose is properly dried out; that the house is properly
cared for, and perform such other duties as may be necessary
to keep the fire house and apparatus in good condition.
Sec. 446. Duty of chief in connection with explosives.
It shall be the duty of the chief of the Fire department and
the assistant chief to familiarize themselves with the premises
where high explosives are sold or stored and to see that the ordinances
governing storing or handling of explosives are properly
carried out.
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.
It shall be the duty of the chief of the Fire Department or his
assistants, designated by him, to make such inspections of buildings,
premises, streets and alleys as the City Manager may direct,
for the purpose of determining whether or not the laws and ordinances
for the protection against fires or fire hazards are obeyed.
Whenever, in their opinion the laws or ordinances for the protection
against fires or fire hazards are not being obeyed or when
in their opinion, any combustible materials are collected and deposited,
or any other condition exists which may endanger the security
of the City from fires they shall report the same to the
City Manager who shall direct the tenant, occupant or owner of
said premises, or in case of such deposits being found in streets
or alleys, the tenant, occupant or owner of the building or premises
adjacent thereto, to comply with said laws and ordinances or
to remove such combustible materials and in case of such tenants,
occupants or owners refusal so to do they shall cause same to be
removed at the expense of such tenant, occupant, or owner who
shall, in addition be fined not less than $5.00 nor more than $50.00
for such neglect or refusal.
The occupant or owner of any such building or premises who
shall fail or refuse to permit such inspection to be made shall be
fined not less than $5.00 nor more than $100.00 and each day of
such refusal shall constitute a separate offense.
Sec. 448. 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 $20.00 for each offense.
Sec. 449. Fire apparatus—designation and speed of in
going to fire.
No vehicle shall be construed as part of the apparatus of the
the said Department, provided the chief of the Fire Department,
in an emergency, impress a vehicle for his own personal use in
going to a fire, in which case the speed shall not exceed that of
the other apparatus of the Department.
Sec. 450. 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 section, shall, upon conviction, be fined not less than
$2.00 nor more than $10.00 for each offense.
Sec. 451. 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 $2.00 nor more than $10.00.
Sec. 452. Fire hose on the street.
Whenever any hose of the Fire Department is laid upon any
street, it shall not be lawful for any wagon, cart, street railroad
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 $10.00 nor more than $100.00;
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. 453. Annual report and inventory.
The chief shall submit to the Council at its first 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 and
equipment, 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 XXXIII.
Public Library.
Sec. 454. Library board — election — term of office —
powers.
(1) There shall be a Library Board of Charlottesville consisting
of five members to be elected by the Council. Said Board
shall be elected as of the first day of September, 1932. Their
terms of office shall be as follows: One for one year, one for two
years, one for three years, one for four years and one for five
years. Each member elected to said Board after the first day of
September, 1932, shall be so elected for a term of five years except
when expressly elected to fill an unexpired term. All vacancies
in said Board shall be filled by the Council.
(2) There shall be a Chairman, Vice-Chairman, Secretary, and
any other officer deemed necessary.
(3) The Board shall have power to conduct and maintain the
Public Library and shall have authority to appoint committees
and in selecting the members of any committee it need not be restricted
to its own membership but may appoint any citizen of
Charlottesville.
(4) The Library Board shall appoint a librarian and assistant
librarian and such aids as may be essential to an efficient administration
of the affairs of the library, and shall fix the compensation
for each appointee, subject to the approval of the Council.
Sec. 455. Board and librarian—restrictions—duties.
The Library board and librarian shall be responsible and accountable
to the City for the proper expenditure and account of
all funds appropriated by the City or otherwise received for said
Library, and no obligation shall be incurred by them beyond the
amount appropriated by the Council.
The librarian shall be responsible for the proper care of the
library building and its contents. He shall perform such other
duties as may be prescribed by the Library Board.
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.
Any person who wilfully, maliciously, or wantonly writes upon,
injures, defaces, tears, cuts or destroys any book, plat, picture,
engraving, map, newspaper, magazine, pamphlet, manuscript or
other property belonging to the City Public Library or wilfully
and without authority remove any book or other property from
the City Public Library shall be punished by a fine of not less
than $2.50 or more than $100.00.
Any person having in his possession any book or other property
of the City Public Library which he shall fail to return
within one week after receiving notice in writing from the librarian
shall be punished by a fine not exceeding $25.00; but
if such book shall be lost or destroyed such person may, within
two weeks after being notified to return said book, pay to the
City Librarian the value of such book, the value to be determined
by the Library Board.
Sec. 457. Reports of librarian.
The librarian shall cause to be made on or before the 10th
day of each month to the City Manager, a written report of the
activities of the library for the preceding month on forms prescribed
by the City Manager. The Library Board and the librarian
shall also furnish from time to time such additional reports
and information as may be required by the Council or the
City Manager.
Sec. 458. Audit and inventory—reports.
The City Auditor shall annually or as often as he may deem
necessary audit the accounts and inventory the property of the
City Library, and shall require the person receiving and expending
library funds to keep accounts of all receipts and purchases
in such manner as the City Auditor may prescribe and a report
of said annual audit and inventory shall be made to the Council
not later than the 10th day of September in each year.
CHAPTER XXXIV.
The School Board.
Sec. 459. The school board of the City.
The School Board of the City 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 not later than the second regular meeting
of the Council in June 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 or before
the second regular meeting in June, as above provided, said
election, when held, shall be for the unexpired term.
Sec. 460. School board—duties.
The School Board shall have the care, management and control
of public school property of the City, as provided by the
laws of the State.
Sec. 461. School board—classified report and estimate.
It shall be the duty of the School Board annually, on or before
the 20th day of July of each year, and oftener if deemed necessary
by the Council, to submit to the Council, in writing, a
classified report, as prescribed by the Council, of all expenditures
and a classified estimate of what funds will be needed for the
proper maintenance and growth of the public schools of the
City, and to request the Council to make provisions by appropriation
or levy for the same.
CHAPTER XXXV.
Board of Public Welfare.
XXXV. Superintendent of Public Welfare.
Sec. 462. Board of public welfare.
The Board of Public Welfare 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 Board shall remand such cases to the District Home, as they
may deem proper, provided, however, that each such case must
first be approved by the City member of the District Home
Board.
Sec. 463. Representative to district home board—election—term—compensation.
The Council shall elect, for a term of two years, a representative
who shall be a member of the District Home Board. The
compensation of the said representative shall be as fixed by State
law.
Sec. 464. Superintendent of public welfare—election
term and compensation.
The Board shall elect from a list of eligibles submitted by the
State Board, a superintendent of public welfare who shall hold
office at the pleasure of the Board, and shall receive such compensation
as may be fixed by the Council. The Superintendent
shall qualify and give bond as provided by the State law.
Sec. 465. Superintendent of public welfare—duties.
It shall be the duty of the Superintendent, 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
was able to maintain himself. The Superintendent shall perform
such other duties as are or may hereafter be prescribed by
the State law, the Council, or the Board.
Sec. 466. Board of public welfare and superintendent of
public welfare—restrictions.
The Board of Public Welfare and Superintendent of Public
Welfare shall be responsible and accountable to the City for the
proper expenditure and account of all funds appropriated by the
City and no indebtedness shall be incurred by them beyond the
amount appropriated by the Council.
Sec. 467. Non-resident paupers coming into the City.
When it shall come to the knowledge of the Superintendent
that any person has come into the City who is likely to become
chargeable thereto it shall be his duty to report such cases to the
Chief of Police for removal to the district or county where they
were last settled.
Sec. 468. 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 Superintendent with the concurrence of the
Board may discontinue the aid at any time. If a person is in the
City sick and destitute, or if any female or children, unable to
provide for themselves, are in the City and likely to become
chargeable to the City, the Superintendent with the consent of
the Board may send such persons to their homes, and the expense
of so doing shall be paid out of the poor fund.
Sec. 469. Reports of superintendent of public welfare.
The Superintendent shall annually on or before July 15th of
each year submit to the Council a written report containing an
itemized account of expenditures from the poor fund and an
itemized estimate of the necessary expenditures for the next year.
The Superintendent shall cause to be made on or before the
the activities of his Department for the preceding month on
forms prescribed by the City Manager. The Board of Public
Welfare and the Superintendent shall also furnish from time to
time such additional reports and information as may be required
by the Council or the City Manager.
Sec. 470. Burial of paupers.
Any person dying in the City may be buried at the expense of
the City, upon an order from the Superintendent of the Board
of Public Welfare, when, in the opinion of the said Superintendent,
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. The expense incurred in said burial shall
be charged against the appropriation for public welfare.
Sec. 471. Audit and inventory—reports.
The City Auditor shall annually, or as often as he may deem
necessary, audit the accounts and inventory the property of the
Board of Public Welfare and shall require the person receiving
and expending the funds of the Board of Public Welfare to keep
account of all receipts and purchases in such manner as the City
Auditor may prescribe and a report of said annual audit and inventory
shall be made to the Council not later than the thirtieth
day of September in each year.
CHAPTER XXXVI.
Railways and Street Railways.
Sec. 472. Speed of cars.
No locomotive engine, car or train of cars or other vehicle on
any railroad track, or any street railway car 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 fifteen
miles per hour in a business district or twenty-five miles per
hour in a residence district. The definitions of "business district"
and "residence district" appearing in the traffic ordinances
shall apply.
Sec. 473. 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 $5.00 nor more than $100.00.
Sec. 474. Locomotives—shall not sound whistles in city.
No locomotive engine whistle shall be sounded in the City limits,
except to warn persons or animals off the road bed. Any
person having charge of such engine shall be fined not less than
$5.00 nor more than $10.00 for each offense.
Sec. 475. Locomotives—ringing of bell.
No locomotive engine bell may be rung within the City limits
except when the engine is in motion, unless to warn a person or
persons off the track, and in motion only when approaching and
within two hundred feet or less of a street which the track crosses
at grade unless an emergency involving risk of life or serious injury
should require warning by bell the person or persons menaced.
Any violation of this section shall be a misdemeanor and the
person violating this section shall be fined not less than $2.00 nor
more than $5.00.
Sec. 476. 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
$10.00 nor more than $50.00 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
$5.00 for each offense.
Sec. 477. 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 time that the Mayor may deem
it proper to revoke said authority.
Sec. 478. 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 $2.00 nor more than $10.00.
Sec. 479. Loitering or trespassing upon tracks or platform.
It shall be unlawful for any person to play or loiter about or
upon the railroad tracks or upon the platforms of the passenger
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 $1.00 nor more
than $5.00; 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. 480. 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 not less than $1.00 nor more than $5.00 for
each offense.
Sec. 481. Street railway—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.
For every violation of this section, a fine of not less than $1.00
nor more than $5.00 shall be imposed.
Sec. 482. Street railway—fire alarm.
When a fire alarm is sounded, all street cars on the track shall
be quickly moved to some point sufficient 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. 483. Street railway—brakes and fenders.
The cars used on street railways shall be provided with proper
brakes and fenders. For any violation of this section the owner
of such car shall be fined $25.00 for each offense.
Sec. 484. Street railway—cars to be numbered.
Each street car running upon the road shall be numbered and
For a violation of this section, the owner shall be fined $5.00 for
each day it continues.
Sec. 485. 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.
Sec. 486. 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 $2.00 for each offense.
Sec. 487. Railroad company obstructing passage on
street or anyone standing a vehicle on railroad track
—how punished.
It shall be unlawful for any railroad company, or any receiver,
or trustee operating a railroad to obstruct for a longer period
than five minutes, the free passage on any street or road, by
standing cars or trains across the same, except a passenger train
while receiving or discharging passengers, but a passway shall
be kept open; nor shall it be lawful to stand any wagon or other
vehicle on the track of any railroad which will hinder or endanger
a moving train; provided, that when a train has been uncoupled,
so as to make a passway, the time necessarily required,
not exceeding three minutes, to pump up the air after the train
has been recoupled shall not be included in considering the time
said cars or trains were standing across said street or road. Any
such railroad company, receiver, or trustee, or driver of any such
wagon or vehicle, violating any of the provisions of this section
shall be fined not less than five nor more than twenty dollars.
CHAPTER XXXVII.
Vehicles and Traffic.
Sec. 488. Uniform traffic code.
Definitions: The following words and phrases when used in
this chapter shall, for the purposes of this chapter, have the
meaning respectively ascribed to them, in this chapter, except in
those instances where the context clearly indicates different
meaning.
(a) "Vehicle."—Every device in, upon or by which any person
or property is or may be transported or drawn upon a public
highway, excepting devices moved by human power or used exclusively
upon stationary rails or tracks; provided, that for the
purposes of this chapter, a bicycle shall be deemed a vehicle.
(b) "Motor Vehicle."—Every vehicle, as herein defined which
is self-propelled.
(c) "Motorcycle."—Every motor vehicle designed to travel
on not more than three wheels in contact with the ground, except
any such as may be included within the term "tractor" as
herein defined.
(d) "Tractor Truck." — Every motor vehicle designed and
used primarily for drawing other vehicles and not so constructed
as to carry a load other than a part of the load and weight of the
vehicle attached thereto.
(e) "Farm Tractor." — Every motor vehicle designed and
used primarily as a farm implement for drawing plows, mowing
machines and other implements of husbandry.
(f) "Road Tractor."—Every motor vehicle designed and used
for drawing other vehicles and not so constructed as to carry any
load thereon either independently or any part of the weight of a
vehicle or load so drawn.
(g) "Trailer."—Every vehicle without motive power designed
for carrying property or passengers wholly on its own structure
and for being drawn by a motor vehicle.
(h) "Semi-Trailer."—Every vehicle of the trailer type so designed
and used in conjunction with a motor vehicle that some
carried by another vehicle.
(i) "Pnuematic Tires."—All tires inflated with compressed
air.
(j) "Solid Rubber Tires."—Every tire made of rubber other
than a pneumatic tire.
(k) "Metal Tires."—All tires the surface of which is in contact
with the highway is wholly or partly of metal or other hard,
non-resilient material.
(l) "Person."—Every natural person, firm, co-partnership,
association or corporation, whether acting by themselves or by a
servant, agent or employee.
(m) "Owner".—A person who holds the legal title of a vehicle
or in the event a vehicle is the subject to an agreement for
the conditional sale or lease thereof with the right of purchase
upon performance of the conditions stated in the agreement and
with an immediate right of possession vested in the conditional
vendee or lessee, or in the event a mortgagee of a vehicle is entitled
to possession then such conditional vendee or lessee or
mortgagee shall be deemed the owner, for the purpose of this
section.
(n) "Highway."—Every way or place of whatever nature
open to the use of the public for the purpose of vehicular travel.
(o) "Pedestrian."—Shall include and mean any person walking
afoot, and not, at the moment, a passenger within a vehicle
or street car.
(p) "Private Road or Driveway."—Every road or driveway
not open to the use of the public for the purpose of vehicular
travel.
(q) "Intersection."—The area embraced within the prolongation
of the lateral curb lines, or if none, then the lateral boundary
lines of two or more highways, which join one another at an
angle, whether or not one such highway crosses the other.
(r) "Safety Zone." — An area or space officially set aside
within a highway, for the exclusive use of pedestrians, and
which is so plainly marked or indicated by proper signs to be
plainly visible at all times while set apart as a safety zone.
(s) "Crossing" and or "Crosswalks" shall include and mean
that part of a street connecting sidewalks at or near street intersections,
and the most direct route from curb to curb at street
intersections, and at such other places as may be indicated by
lines drawn or marked upon the highway.
(t) "Business District."—The territory contiguous to a highway
when seventy-five per centum or more of the frontage thereon
for a distance of three hundred feet or more, is occupied by
buildings in use for business purposes.
(u) "Residence District."—The territory contiguous to a highway,
not comprising a business district, when seventy-five per
centum or more of the frontage thereon for the distance of three
hundred feet or more is mainly occupied by dwellings, or by
dwellings and buildings in use for business purposes.
(v) "Department."—The motor vehicle department of this
State, acting directly, or through its duly authorized officers and
agents.
(w) "Reckless Driving."—Shall mean the operation of a vehicle
in a manner potentially offering harm, or injury or damage
to any person, property, or thing, as a result of the act itself or
in combination with circumstances, conditions and acts of others.
(x) "Right of Way."—Shall mean the right of a pedestrian or
vehicle to proceed uninterruptedly in a lawful manner, in preference
or priority to another pedestrian or vehicle approaching in
another direction.
(y) "Traffic."—Shall mean the orderly use of streets by pedestrians
and vehicles, both singly and together.
(z) Whenever herein, any regulation is imposed upon a "vehicle"
it shall be construed to refer to the driver or operator
thereof, when such reference would be applicable.
(aa) "Commissioner."—Shall mean the motor vehicle commissioner
of this State.
(bb) "Passenger Motor Bus."—Shall mean every vehicle running
upon a fixed schedule, engaged in carrying passengers, and
having a seating capacity of six (6) or more persons.
(cc) "Taxicab."—Shall mean a public passenger vehicle designed
and advertised by its manufacturer as a taxicab, and so
glass partition, and which said vehicle shall be equipped with a
mechanical instrument, or device, commonly known as a taximeter.
(dd) "For-Hire Car."—Shall mean a public passenger vehicle
offered for hire, and not conforming to the definition of a taxicab
or passenger motor bus as herein defined.
TITLE 1.
Operation of Vehicles; Rules of the Road.
Sec. 489(1). Persons under the influence of intoxicating
liquor, or narcotic drugs.
It shall be unlawful for any person to drive or run any automobile,
car, truck, engine, or train while under the influence of
intoxicants or narcotic drugs, or any other self-administered intoxicants
of whatsoever nature. If any person violates the provisions
of this section he shall be guilty of misdemeanor punishable
by a fine of not less than one hundred dollars nor more than
one thousand dollars, and imprisoned for not less than thirty
days nor more than six months for the first offense, provided the
court in a proper case may suspend the jail sentence. Any person
convicted of a second or subsequent offense under this section,
shall be punishable by a fine of not less than one hundred
dollars and not more than one thousand dollars and by imprisonment
for not less than sixty days nor more than six months,
and no court shall suspend the sentence. The judgment of conviction
for any offense under this section shall of itself operate
to deprive him of his right to drive such vehicle or conveyance
for a period of one year from the date of such judgment. If
any person so convicted shall, during the year, drive any such
vehicle or conveyance he shall be fined not more than $100.00 or
confined in jail not more than sixty days, or both.
The clerks of all courts of this City, or the Judge if there be
no clerk, shall within thirty days after final conviction of any
person under this section in this court report the fact thereof and
the name and address of such person, together with the license
of the division of motor vehicles.
Sec. 489(2). Reckless driving.
Any person who drives a vehicle upon a highway recklessly,
or at a speed or in a manner so as to endanger, or be likely to endanger
life, limb or property of any person shall be guilty of
reckless driving and punished as provided under subsection
sixty-three of this section.
Sec. 489(3). Restrictions as to speed.
(a) Any person driving a vehicle on a highway shall drive
the same at a careful and prudent speed not greater nor less than
is reasonable and proper, having due regard to the traffic, surface
and width of the highway and of any other conditions then
existing. And any person who shall drive any vehicle upon a
highway at such speed as to endanger the life, limb or property
of any person, or so as to unnecessarily block, hinder or retard
the orderly and safe use of the highway by those following, shall
be prima facie guilty of reckless driving.
(b) Subject to the provisions of sub-division (a) of this subsection
and except in those instances where a lower speed is specified
in this section, it shall be prima facie lawful for the driver
of any vehicle to drive the same at a speed not exceeding the following:
1. Fifteen miles an hour when passing a school during recess
or while children are going to or leaving school during its opening
and closing hours, provided, that markers be placed on the
highways so as to plainly show the location of such schools.
2. Fifteen miles an hour in a business district, as defined
herein.
3. Twenty-five miles an hour in a residence district, as defined
herein.
4. Forty-five miles an hour under all other conditions.
(c) Reckless driving within the meaning of this section shall
be deemed to include the following offenses, which are expressly
prohibited:
1. Driving a vehicle when not under complete control, or with
inadequate or improperly adjusted brakes.
2. Driving to the left of the center of the street, except upon
one way streets.
3. Passing or attempting to pass two other vehicles abreast,
moving in the same direction.
4. Violating the provisions of the right of way laws, as set out
in sub-section nineteen hereof.
5. Failure to give adequate and timely signals of intention to
turn or partly turn, slow down or stop.
6. Exceeding a reasonable speed under the circumstances and
traffic conditions obtaining at the time.
7. Passing other vehicles going in the same direction while
crossing an intersection or while pedestrians are passing or about
to pass in front of either of such vehicles.
8. Driving a vehicle out of an alley, lane, or building or across
a sidewalk into a street, without first bringing such vehicle to a
speed of five miles per hour.
9. Making a left turn without passing the right of the center
point of the intersection, unless otherwise marked or indicated,
and without first signaling his intention so to turn.
10. Making a right turn without keeping close to the curb,
and without first signaling his intention so to turn.
Sec. 489(4). Railroad warning signals must be obeyed.
It shall be unlawful for any person driving a vehicle to fail to
obey a clearly visible or audible crossing signal at a highway and
interurban or steam railway grade crossing which signal gives
warning of the immediate approach of a railway train.
Sec. 489(5). Vehicles must slow down at certain steam
railway grade crossings.
(a) It shall be the duty of every person driving any vehicle
on a public highway, on approaching a place where a railway
crosses such public highway at grade, at which crossing no railway
gates are maintained or no flagman is stationed and on duty
at the time, to bring his vehicle to a speed not exceeding five
miles per hour before passing over such crossing, at a distance
of not less than thirty feet, from the nearest rail of such railway
tracks. Provided, that such person shall stop at such crossing
being lowered, and where a flagman is stationed and on duty at
the time, whenever, signaled to stop by such flagman.
(b) The provisions of this subsection shall not change or alter
in any manner the existing laws as to the duty or liability of
railway companies for damages to persons or property, and failure
to comply with the provisions of this subsection on the part
of the driver of the vehicle shall not be considered contributory
negligence in an action against the railway company for damage
to persons or property, whether the same be injury to the person
or property of the driver or any other person. And it shall
not be necessary to establish the fact that the driver complied
with the provisions of this section in order to recover any action
for damages to persons or property against a railway company.
Sec. 489(6). Speed limit for motor trucks, regulated
according to manufacturer's rated capacity and tire
equipment.
The speed limit for motor trucks shall be based upon the
manufacturer's rated capacity and tire equipment, and shall be
as follows:
(a) Motor trucks of rated capacity up to but not exceeding
one and one-half tons, and equipped with pneumatic tires, may
operate at the speed limits imposed by subsection three of this
section.
(b) Motor trucks of rated capacity not exceeding one and
one-half tons, but not equipped with pneumatic tires, and motor
trucks of rated capacity exceeding one and one-half tons, but
not exceeding three and one-half tons, may operate at a speed
not greater than two-thirds of the limits imposed in subsection
three of this section.
(c) Motor trucks of rated capacity exceeding three and one-half
tons may be operated at a speed not greater than one-half
the limits imposed by subsection three of this section.
Sec. 489(7). Special speed limitations on bridges.
It shall be unlawful to drive any vehicle upon any public
bridge, causeway or viaduct at a speed which is greater than the
maximum speed which can with safety to such structure be
in this subsection.
The City Manager upon request, or upon his own initiative
may, conduct an investigation of any public bridge, causeway or
viaduct, and he shall determine and declare the maximum speed
of vehicles which such structure can withstand, and shall cause
or permit suitable signs stating such maximum speed to be erected
and maintained at a distance of one-hundred feet beyond each
end of such structure. The findings and determination of the
City Manager shall be conclusive evidence of the maximum speed
which can with safety to any such structure be maintained
thereon.
Sec. 489(8). When speed limit not applicable.
The speed limitations set forth in this section shall not apply
to vehicles when operated with due regard for safety under the
direction of the police in the chase or apprehension of violators
of the law or of persons charged with or suspected of any such
violation, nor to fire department vehicles when traveling in response
to a fire alarm nor county or municipal ambulances when
traveling in emergencies. This exemption shall not however
protect the driver of any such vehicle from the consequence of
a reckless disregard of the safety of others.
Sec. 489(9). Drive on right side of highways.
Upon all highways of sufficient width the driver of a vehicle
shall drive the same upon the right half of the highway, unless
it is impracticable to travel on such side of the highway and except
when overtaking and passing another vehicle subject to the
limitations applicable in overtaking and passing set forth in subsections
twelve and thirteen of this section.
Sec. 489(10). Keep to the right in crossing intersections
or railroads.
In crossing an intersection of highways or the intersections
of a highway by a railroad right of way, the driver of a vehicle
shall at all times cause such vehicle to travel on the right half of
the highway unless such right side is obstructed or impassable.
Sec. 489(11). Meeting of vehicles.
Drivers of vehicles proceeding in opposite directions shall pass
each other to the right, each giving to the other, as nearly as
possible, one-half of the main traveled portion of the roadway.
Sec. 489(12). Overtaking a vehicle.
(a) The driver of any vehicle overtaking another vehicle proceeding
in the same direction shall pass at least two feet to the
left thereof, and shall not again drive to the right side of the
highway until safely clear of such overtaken vehicle.
(b) The driver of an overtaken motor vehicle outside of a
business or residence district as herein defined shall give audible
warning with his horn or other warning device before passing
or attempting to pass a vehicle proceeding in the same direction.
Sec. 489(13). Limitations on privilege of overtaking
and passing.
(a) The driver of a vehicle shall not drive to the left side of
the center line of a highway in overtaking and passing another
vehicle proceeding in the same direction unless such side is
clearly visible and is free of on coming traffic for a sufficient distance
ahead to permit such overtaking and passing to be made
in safety, and such overtaking vehicle shall give way to an oncoming
vehicle.
(b) The driver of a vehicle shall not overtake and pass another
vehicle proceeding in the same direction upon the crest of
a grade or upon a curve in the highway where the driver's view
along the highway is obstructed.
(c) The driver of a vehicle shall not overtake and pass any
other vehicle proceeding in the same direction at any steam or
electric railway grade crossing, nor at any intersection of highways
unless permitted so to do by a traffic or police officer.
Sec. 489(14). Driver to give way to overtaking vehicle.
The driver of a vehicle about to be overtaken and passed by
another vehicle approaching from the rear at a lawful rate of
speed shall give way to the right in favor of the overtaking vehicle
on suitable and audible signal being given by the driver of
vehicle until completely passed by the overtaking vehicle.
Sec. 489(15). Following too closely.
(a) The driver of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent, having due
regard to the speed of both vehicles and the traffic upon, and
conditions of, the highway at the time.
(b) The driver of any motor truck drawing a trailer shall not
follow another truck drawing a trailer within two hundred feet
when upon any public highway outside of a business or residence
district.
Sec. 489(16). Turning around in street.
The driver of a vehicle within business districts shall not turn
such vehicles so as to proceed in the opposite direction except at
an intersection of public highways, and provided further that
no such turn shall be made on Main Street between 7th Street
East and the west side of the Lewis and Clark Monument.
Sec. 489(17). Turning at intersection.
Drivers of vehicles in turning to the right shall keep as closely
as practicable to the right-hand curb or edge of any highway
and when turning to the left shall pass beyond the center of the
intersection, as closely as practicable to the right thereof before
turning such vehicle to the left unless otherwise marked or indicated;
and shall turn the corner at a rate of speed not to exceed
ten miles per hour.
Sec. 489(18). Signals on starting, stopping or turning.
(a) The driver shall indicate his intention to start, stop, or
turn or partly turn from a direct line, and shall first see that
such movement can be made in safety and whenever the operation
of any other vehicle may be affected by such movement
shall give a signal as required in this subsection plainly visible
to the driver of such other vehicle of his intention to make such
movement.
(b) The signal herein required shall be given by means of
the hand and arm, or by some mechanical device approved by
herein specified.
Whenever the signal is given by means of the hand and arm,
the driver shall indicate his intention to start, stop or turn or
partly turn by extending the hand and arm from and beyond the
left side of the vehicle, in the manner following:
(c) For left turn, or to pull to the left, the arm shall be extended
in a horizontal position straight from and level with the
shoulder.
(d) For right turn, or to pull to the right, the arm shall be
extended upward.
(e) For slowing down or to stop, the arm shall be extended
downward.
(f) Such signals shall be given at least fifty feet before slowing
down, stopping, turning, partly turning, or materially altering
the course of the vehicle, and the presence and use of a "stop
light", or other electrical indication, not plainly simulating the
hand and arm, or mechanical device, signals provided herein
shall not relieve the driver of the necessity for the use of and the
giving of the signals herein contained.
(g) Drivers having once given a hand, or mechanical device,
signal must continue the course thus indicated unless they alter
the original signal and take care that drivers of vehicles and pedestrians
have seen and are aware of the change.
(h) Drivers receiving a signal from another driver shall keep
their vehicles under complete control, and shall be able to avoid
an accident resulting from a misunderstanding of such signal.
(i) Drivers of vehicles, standing or stopped at the curb or
edge before moving such vehicles, shall give signals of their intention
to move into traffic.
Sec. 489(19). Right of way.
(a) When two vehicles approach or enter an intersection at
approximately the same time, the driver of the vehicle on the
left shall yield the right of way to the vehicle on the right except
as otherwise provided in subsection twenty. The driver of any
vehicle traveling at an unlawful speed shall forfeit any right of
way which he might otherwise have hereunder.
(b) The driver of a vehicle approaching but not having entered
within such intersection and turning therein to the left across
the line of travel of such first mentioned vehicle, provided the
driver of the vehicle turning left has given a plainly visible signal
of intention to turn left as required in subsection eighteen.
(c) The driver of any vehicle upon a highway shall yield the
right of way to a pedestrian crossing such highway within any
clearly marked cross walk or any regular pedestrian crossing included
in the prolongation of the lateral boundary lines of the
adjacent sidewalk at the end of a block, except at intersections
where the movement of traffic is being regulated by traffic officers
or traffic direction devices.
Sec. 489(20). Exception to the right of way rules.
(a) The driver of a vehicle entering a public highway from
a private road or driveway shall slow down to five miles an
hour and shall yield the right of way to all vehicles approaching
on such public highway.
(b) The driver of every vehicle upon a highway shall yield
the right of way to police and fire department vehicles when the
latter are operated upon official business and the drivers thereof
sound audible signal by siren or exhaust whistle. This provision
shall not operate to relieve the driver of a police or fire department
vehicle from the duty to drive with due regard for the
safety of all persons using the highway nor shall it protect the
driver of any such vehicle from the consequence of an arbitrary
exercise of such right of way.
Sec. 489(21). Speed on entering State highway.
All vehicles when entering a highway, which is a part of the
State highway system, or which has been designated as such
within the City from the side thereof, shall do so at a rate of
speed not to exceed five miles per hour.
Sec. 489(22). What to do on approach of police or fire
department vehicle.
(a) Upon the approach of any police or fire department vehicle
giving audible signal by siren or exhaust whistle, the driver
of every other vehicle shall immediately drive the same to a position
or curb, clear of any intersection of highways, and shall stop and
remain in such position unless otherwise directed by a police or
traffic officer until the police or fire department vehicle shall have
passed.
(b) It shall be unlawful for the driver of any vehicle other
than one on official business to follow any fire apparatus traveling
in response to a fire alarm closer than one block or to drive
into or park such vehicle within the block where fire apparatus
has stopped in answer to a fire alarm.
Sec. 489(23). Passing street cars.
(a) The driver of a vehicle overtaking any railway, interurban
or street car stopped or about to stop for the purpose of receiving
or discharging any passenger shall bring such vehicle to
a full stop not closer than ten feet to the nearest exit of such
street car and remain standing until such passenger has boarded
such car or reached adjacent sidewalk except that where a safety
zone has been established a vehicle may be driven past any such
railway, interurban or street car with due regard and caution for
the safety of pedestrians.
Sec. 489(24). Driving through safety zone prohibited.
The driver of a vehicle shall not, at any time drive through or
over a safety zone as defined in this section, when such safety
zone is occupied or about to be occupied.
Sec. 489(25). Stopping on highway.
(a) No vehicle shall be stopped in such manner as to impede
or interfere with or render dangerous the use of the highway by
others; and, except upon one way streets, as provided in this
section no vehicle shall be stopped except close to the right hand
curb, unless otherwise provided by the Council or by police regulations.
The Mayor and Chief of Police may adopt and put into effect
regulations designating the time, place and manner vehicles may
be allowed to park on the City streets and to make and enforce
such additional rules and regulations as parking conditions may
require.
(b) No person shall leave standing any vehicle, attended or
of any highway, outside of a business or residence district, when
it is practicable to leave such vehicle standing off of the paved,
improved or main traveled portion of such highway.
(c) No vehicle shall be stopped with its left side to the curb,
except upon one way streets, or unless otherwise permitted by
police regulation.
(d) No vehicle shall be backed up to a curb, except during
the time actually engaged in loading or unloading merchandise
therefrom.
(e) Unless in an emergency or where otherwise indicated by
signs, or to allow another vehicle or pedestrians to cross in front,
no vehicle shall be stopped in any street except close to and parallel
with the curb, and in no instance shall such vehicle be parked
less than four feet apart, nor with the near wheels further than
six inches from the curb, except as herein otherwise provided.
(f) Vehicles shall not be stopped in such manner as to block
or obstruct the orderly and lawful passage of other traffic nor
upon any crossing nor between a safety zone and curb, nor within
fifteen feet of the ends of any obstruction opposite the vehicle.
Vehicles stopped two or more abreast, parallel with the curb,
shall be deemed to obstruct traffic and in violation hereof.
(g) Stopping a vehicle at any time, upon any highway, for
the purpose of advertising any article of any kind, or displaying
thereupon advertisements of any article, or advertisement for
sale of the vehicle itself, is prohibited.
(h) However, if any officer charged with the enforcement of
this subsection shall find a vehicle standing upon a highway in
violation of the provisions of this subsection, he is hereby authorized
to move or cause such vehicle to be moved.
(i) The driver of any vehicle which is temporarily disabled
while on the paved surface of a highway shall remove same as
expeditiously as conditions and circumstances may permit.
(j) No load of logs, timber, lumber or any long and heavy
substance made up of two or more pieces of any material shall
be hauled on the streets of this City, in wagons, trucks, or other
vehicles, unless securely bound together, at both ends, with chains
or cables of sufficient length and strength to hold them securely
so as to prevent separation of the several parts of such load, provided,
chain or cable shall be required to bind or tie the same. Such
loads shall be securely fastened to or upon such wagon, truck,
or other vehicle, so as to prevent slipping and falling therefrom.
Sec. 489(26). Parking in front of fire hydrant, fire station
or private driveway.
No person shall park a vehicle or permit it to stand, whether
attended or unattended, upon a highway in front of a private
driveway or within fifteen feet in either direction of a fire hydrant
or the entrance to a fire station nor within twenty feet
from the intersection of curb lines or if none, then within fifteen
feet of the intersection of property line at an intersection of
highways.
Sec. 489(27). Motor vehicles left unattended—brakes
to be set and engine stopped.
No person having control or charge of a motor vehicle shall
allow such vehicle to stand on any highway unattended without
first effectively setting the brakes thereon and stopping the motor
of said vehicle and when standing upon any grade without
turning the front wheels of such vehicle to the curb or side of
the highway.
Sec. 489(28). Driving on steep grades.
The driver of a motor vehicle descending steep grades shall
hold such motor vehicle under control and as near the righthand
side of the highway as reasonably possible.
Sec. 489(29). Coasting prohibited.
The driver of a motor vehicle when traveling upon a down
grade upon any highway shall not coast with the gears of such
vehicle in neutral.
Sec. 489(30). Duty to stop in event of accident.
(a) The driver of any vehicle involved in an accident resulting
in injuries or death to any person or damage to property shall
immediately stop such vehicle at the scene of such accident and
any person violating this provision shall upon conviction be punished
as provided in subsection sixty-five of this section.
(b) The driver of any vehicle involved in any such accident
shall also give his name, address, chauffeur's license number and
the registration number of his vehicle to the person struck
or the driver or occupants of any vehicle collided with and shall
render to any person injured in such accident reasonable assistance,
including the carrying of such person to a physician, surgeon
or hospital for medical or surgical treatment if it is apparent
that such treatment is necessary or is requested by the injured
person and it shall be unlawful for any person to violate
this provision.
Sec. 489(31). Duty to report accident.
The driver of any vehicle involved in an accident resulting in
injuries or death to any person or property damage to an apparent
extent of ten dollars or more shall within twenty-four hours
forward a report of such accident to the police headquarters.
Sec. 489(32). Garage keeper to report damaged vehicles.
The person in charge of any garage or repair shop to which
is brought any motor vehicle which shows evidence of having
been involved in a serious accident or struck by a bullet shall report
to the police station within twenty-four hours after such
motor vehicle is received giving the engine number, registration
number and the name and address of the owner or operator of
such vehicle, if known.
Sec. 489(33). Drivers of state, county and city vehicles
subject to provisions of this section.
The provisions of this ordinance applicable to the drivers of
vehicles upon the highways shall apply to the drivers of all vehicles
owned or operated by the State or any political subdivision
thereof or of any city, town or district subject to such specific
exceptions as are set forth in this section.
Sec. 489(34). Powers of mayor or chief of police.
The Mayor or Chief of Police shall have power to regulate
traffic by means of traffic officers or semaphores or other signaling
devices on any portion of the highway where traffic is heavy
or continuous, or where in their judgment conditions may require,
or assemblages.
The Mayor and Chief of Police may also, when and where
conditions require:
(a) Adopt any such regulations not in conflict with the provisions
of this section, as they shall deem advisable and necessary;
and repeal, amend or modify any such regulations provided,
however, that such regulations, laws, or rules shall not be
deemed to be violated, if, at the time of the alleged violation the
designation placed in conformity with this paragraph was missing,
effaced, mutilated or defaced, so that an ordinary observant
person, under the same circumstances would not be appraised of
or aware of the existence of such rule.
The Mayor and Chief of Police may adopt regulations requiring
all vehicles to come to a full stop at any street intersection
other than a street which has been designated for service of
through traffic in connection with the State Highway System.
(b) Officers of the law, authorized or permitted under this
section, shall by voice, hand or signal, direct all traffic, but shall
not forbid or prevent any one from proceeding or standing in a
manner permitted or required by law.
(c) Signals by traffic officers: Signals by traffic officers shall
be as follows:
1. By hand: to stop traffic: stand with shoulders parallel
with moving traffic, and with arm raised forty-five degrees above
shoulder toward lines of traffic, hand extended, palm toward
traffic to be stopped. Repeat movement with other hand to stop
traffic in opposite direction.
By hand: to move traffic: stand so that shoulders are parallel
to line of traffic to be moved. Extend right arm and hand full
length, height of shoulder toward traffic, fingers extended and
joined, palm downward; bring hand sharply in direction traffic
is to move. Face about and repeat the same movement to move
traffic proceeding from opposite direction.
2. By whistle: one blast—moving traffic to stop; two blasts—
traffic in opposite direction to move; three or more short blasts—
to warn of approach of fire apparatus, or of an emergency, when
all traffic shall immediately clear the intersection and stop.
3. By lights or semaphores: red indicates that traffic then
moving shall stop and remain stopped as long as the red signal
is shown.
Green indicates that traffic shall then move in the direction of
the signal, and remain in motion as long as the green signal is
given.
Amber indicates that a change is about to made in the directions
of the movement of traffic. When the amber signal is
shown traffic which has not already entered the intersection including
the crosswalks, shall stop, but, that which has entered
the intersection shall continue to move until the intersection has
been entirely cleared.
When semaphores are not in operation the use of an amber
light indicates need for caution.
TITLE 2.
The Size, Weight, Construction and Equipment
of Vehicles.
Sec. 489(35). Scope and effect of regulations in this
title.
It shall be unlawful and constitute a misdemeanor for any person
to drive or move or for the owner to cause or knowingly
permit to be driven or moved on any highway any vehicle or vehicles
of a size or gross weight exceeding the limitations stated
in this title or any vehicle or vehicles which are not so constructed
or equipped as required in this title or the rules and regulations
of the department adopted pursuant thereto.
Sec. 489(36). Size of vehicle and loads.
(a) No vehicle shall exceed a total outside width, including
any load thereon, in excess of ninety-six inches, excepting that
farm tractors shall not exceed one hundred and eight inches, and
excepting, further, that the limitations as to size of vehicles stated
in this section shall not apply to implements of husbandry temporarily
propelled or moved upon the public highway.
(b) No vehicle unladen or with load shall exceed a height of
twelve feet, six inches.
(c) No vehicle shall exceed a length of thirty feet, and no
combination of vehicles coupled together shall exceed a total
length of eighty-five feet.
(d) No train of vehicles or vehicle operated alone shall carry
any load extending more than three feet beyond the front thereof.
(e) No passenger vehicle shall carry any load extending beyond
the line of the fenders on the left side of such vehicle nor
extending more than six inches beyond the line of the fenders on
the right side thereof.
Sec. 489(37). Flag or light at end of load.
Whenever the load on any vehicle shall extend more than four
feet beyond the rear of the bed or body thereof, there shall be
displayed at the end of such load in such position as to be clearly
visible at all times from the rear of such load, a red flag not less
than twelve inches both in length and width, except that between
one-half hour after sunset and one-half hour before sunrise,
there shall be displayed at the end of any such load a red or amber
light plainly visible under normal atmospheric conditions at
least two hundred feet from the rear of such vehicle.
Sec. 489(38). Weight of vehicles and loads.
No vehicle shall be drawn or propelled over any of the public
highways within this City the wheel load of which shall exceed
eight thousand pounds per wheel, or having a weight exceeding
six hundred and fifty pounds per inch, width of tires,
measured in contact with the surface of the highway. No vehicle
or combination of vehicles shall carry a gross weight, including
weight of vehicle and load, exceeding forty thousand
pounds, nor the wheel load weight or per inch width of tire exceed
that specified above; and provided, further that no vehicle
shall cross any bridge or culvert within this City where the gross
load is greater than the amount posted on the bridge or culvert
as its carrying capacity. Any violation of this subsection shall
constitute a misdemeanor and shall be punished as provided in
subsection 64 of this section.
Sec. 489(39). Officers may weigh vehicle and require
removal of excess load.
Any officer authorized to enforce the law under this section,
unlawful is authorized to weigh the same either by means of
loadometers or scales and may require that such vehicle be driven
to the nearest scales in the event such scales are within two miles.
The officer may then require the driver to immediately unload
such portion of the load as may be necessary to decrease the
gross weight of such vehicle to the maximum therefor specified
in this section.
Sec. 489(40). Permits for excessive size and weight.
The Mayor and Chief of Police may, in their discretion, upon
application in writing and good cause being shown therefor, issue
a special permit in writing authorizing the applicant to operate
or move a vehicle upon the highways of a size or weight
exceeding the maximum specified in this section. Every such
permit shall be issued for a single trip and may designate the
route to be traversed and contain any other restrictions or conditions
deemed necessary by the one granting such permit. Every
such permit shall be carried in the vehicle to which it refers and
shall be open to inspection by any such officer, and it shall be unlawful
for any person to violate any of the terms or conditions
of such special permit.
Sec. 489(41). Mayor and chief of police may decrease
weight limits.
The Mayor and Chief of Police may adopt regulations decreasing
the weight and load limit specified in subsection 38 for
a total period not to exceed 90 days in any calendar year, when
operation over streets or highways by reason of deterioration,
rain, snow or other climatic conditions, will seriously damage
such streets or highways unless such weights are reduced. No
such regulation shall be effective unless signs stating the weight
specified in such regulations are erected at each end of the section
of the street or highway affected.
Sec. 489(42). Restrictions as to tire equipment.
(a) Every solid rubber tire on a vehicle moved on any highway
shall have rubber on its entire traction surface at least one
inch thick above the edge of the flange of the entire periphery.
(b) No tire on a vehicle moved on a highway shall have on
proturberance of any material other than rubber, which projects
beyond the tread of the traction surface of the tire, without its
being transported on a temporary track of plank or other suitable
material, except that it shall be permissible to use farm machinery
having protuberance which will not seriously injure the
highway, and to use tire chains of reasonable proportions when
required for safety because of snow, ice or other conditions tending
to cause a vehicle to slide or skid.
(c) The Mayor or Chief of Police may, in their discretion,
issue special permits authorizing the operation upon a highway
of traction engines or tractors having movable tracks with transverse
corrugations upon the periphery of such movable tracks.
Sec. 489(43). Trailers and towed vehicles.
(a) No motor vehicle shall be driven upon any highway drawing
or having attached thereto more than one other vehicle, except
that a motor vehicle with semi-trailer may draw in addition
thereto one other vehicle.
(b) The draw bar or other connection between any two vehicles,
one of which is towing or drawing the other on a highway,
shall not exceed fifteen feet in length from one vehicle to the
other. Whenever such connection consists of a chain, rope, or
cable, there shall be displayed upon such connection a red flag
or cloth, not less than twelve inches both in length and width.
(c) Provided that the Mayor and Chief of Police may in
their discretion issue special permits for vehicles to be driven
upon the streets drawing or having attached thereto more than
one other vehicle, trailer or semi-trailer.
Sec. 489(44). Brakes.
Every motor vehicle when operated upon a highway shall be
equipped with brakes adequate to control the movement of and
to stop such vehicle or vehicles, and such brakes shall be maintained
in good working order and shall conform to regulations
to be promulgated by the commissioner.
Sec. 489(45). Horns and warning devices.
(a) Every motor vehicle when operated upon a highway shall
sound audible under normal conditions over a distance of
not less than two hundred feet; and it shall be unlawful for any
vehicle to be equipped with or for any person to use upon a vehicle
any siren, exhaust, compression or spark plug whistle or
for any person at any time to use a horn otherwise than as a
reasonable warning or to make an unnecessary or unreasonably
loud or harsh sound by means of a horn or other warning device,
except that the vehicles of common carriers, or extraordinarily
large and heavy vehicles may be equipped with such type of
warning device as the Director of the Division of Motor Vehicles
may require or permit.
(b) Every police and fire department vehicle and every ambulance
used for emergency calls shall be equipped with a siren
or exhaust whistle of a type not prohibited by the department.
Sec. 489(46). Mirrors.
All motor vehicles so constructed or loaded as to prevent the
driver from obtaining a view of the highway to the rear shall be
equipped with a mirror so located as to reflect to the driver a
plain view of the highway for a distance of at least two hundred
feet to the rear of such vehicle.
Sec. 489(47). Windshields on motor vehicles.
It shall be unlawful for any person to drive any vehicle upon
a highway with any sign, poster or other non-transparent material
upon the front windshield, side wings, or rear windows of such
motor vehicle other than a certificate or other paper required to
be so displayed by law, or which may be permitted by the Director
of the Division of Motor Vehicles.
Sec. 489(48). Prevention of noise, smoke, etc.—muffler
cutouts regulated.
(a) No person shall drive a motor vehicle on a highway unless
such motor vehicle is equipped with a muffler in good working
order and in constant operation to prevent excessive or unusual
noise, annoying smoke and the escape of excessive gas,
steam, or oil. All exhaust pipes carrying exhaust gases from the
(b) It shall be unlawful to use a "muffler cutout" on any motor
vehicle upon a highway.
(c) No vehicle shall be driven or moved on any highway unless
such vehicle is so constructed as to prevent its contents from
dropping, sifting, leaking, or otherwise escaping therefrom.
Sec. 489(49). Required lighting equipment of vehicles.
(a) When vehicles must be equipped.—Every vehicle upon a
highway within this City during the period from a half hour after
sunset to a half hour before sunrise and at any other time when
there is not sufficient light to render clearly discernible any person
on the highway at a distance of two hundred feet ahead,
shall be equipped with lighted front and rear lamps as in this
subsection respectively required for different classes of vehicles
and subject to exemption with reference to lights on parked vehicles
as declared in subsection fifty-six.
(b) Head Lamps on Motor Vehicles.—Every motor vehicle
other than a motorcycle, road-roller, road machinery, or farm
tractor shall be equipped with two head lamps, no more and no
less, of approximately equal candle power at the front of and
on opposite sides of the motor vehicle which head lamps shall
comply with the requirements and limitations set forth in subsection
fifty-one or subsection fifty-two and except as to acetylene
head lamps shall be of a type which has been approved by the
Commissioner.
(c) Head Lamps on Motorcycles.—Every motorcycle shall
be equipped with at least one and not more than two head lamps
which shall be of a type approved by the commissioner and shall
project sufficient light to the front of such motorcycle to reveal
a person at a distance of two hundred feet, but shall not project
a glaring or dazzling light to persons approaching such motorcycle.
(d) Rear Lamps.—Every motor vehicle and every trailer or
semi-trailer which is being drawn at the end of a train of vehicles
shall carry at the rear a lamp exhibiting a red or yellow
light plainly visible under normal atmospheric conditions from a
constructed and placed that the number plate carried on the rear
of such vehicle shall under like conditions be so illuminated by a
white light as to be read from a distance of fifty feet to the rear
of such vehicle.
(e) Lamps on Bicycles.—Every bicycle shall be equipped with
a lighted lamp on the front thereof visible under normal atmospheric
conditions from a distance of at least three hundred feet
in front of such bicycle and shall also be equipped with a reflex
mirror or lamp on the rear exhibiting a red or yellow light visible
under like conditions from a distance of at least two hundred feet
to the rear of such bicycle.
(f) Lights on Other Vehicles.—All vehicles not heretofore in
this subsection required to be equipped with specified lighted
lamps shall carry one or more lighted lamps or lanterns projecting
a white light, visible under normal atmospheric conditions
from a distance of not less than five hundred feet to the rear and
front of such vehicle.
Sec. 489(50). Additional permissible lights on vehicles.
(a) Spot Lights.—Any motor vehicle may be equipped with
not to exceed two spot lights, except that a motorcycle shall not
be equipped with more than one spot light, and every spot light
shall be so aimed and used, upon approaching another vehicle,
that no part of the beam will be directed to the left of the center
of the highway, not more than one hundred feet ahead of the
vehicle.
(c) Other Exterior Lights Prohibited.—No vehicle shall be
with two side lamps upon the front of such vehicle and projecting
a light to the front or side and conforming to regulations adopted
by the commissioner. No electrical lamps or bulbs exceeding
four standard candle power shall be used in any such side lamp.
(c) Other exterior Lights Prohibited.—No vehicle shall be
equipped with any lighting device other than those required or
permitted in this or the preceding subsection except that this provision
shall not be deemed to prevent the use upon a motor vehicle
of interior lights of low candle power, nor the use of vacant
or destination signs on vehicles operated as public carriers.
(d) Auxiliary Lamps.—Any motor vehicle may be equipped
with such auxiliary lights of low candle power and illuminated
signal devices as may be permitted or required under this section
or the rules and regulations adopted by the commissioner.
(e) All vehicles with bodies extending over the wheels on the
sides and measuring seven feet or more in height from the ground
shall, in addition to the lights hereinbefore required, carry two
white lights on the front of the body, and two red lights on the
rear of the body so placed as to plainly show the width and height
of such vehicle, both front and back.
Sec. 489(51). Requirements as to head lamps.
(a) The head lamps of motor vehicles shall be so constructed,
arranged, and adjusted that they will at all times mentioned in
subsection forty-nine and under normal atmospheric conditions
produce a driving light sufficient to render clearly discernible a
person two hundred feet ahead, but shall not project a glaring or
dazzling light to persons in front of such head lamps.
(b) Head lamps shall be deemed to comply with the foregoing
provisions prohibiting glaring and dazzling lights if none of the
main portion of the head lamp beam rises above a horizontal
plane passing through the lamp centers parallel to the level road
upon which the loaded vehicle stands and in no case higher than
forty-two inches, seventy-five feet ahead of the vehicle.
(c) Whenever a vehicle is being operated upon a highway or
portion thereof which is sufficiently lighted to reveal any person
upon the highway at a distance of two hundred feet ahead of
such vehicle it shall be permissible to dim the head lamps or to
tilt the main beams of light thereof downward or such head
lamps may be extinguished provided such vehicle is equipped
with two lighted side lamps projecting a light to the front of such
vehicle and which comply with the rules and regulations of the
commissioner.
Sec. 489(52). Acetylene lights.
Motor vehicles may be equipped with two acetylene head lamps
of approximately equal candle power when equipped with clear
plain glass fronts, bright six inch spherical mirrors and standard
acetylene five-eighths foot burners not more and not less and which
person upon the roadway within a distance of two hundred feet
but must not project a glaring or dazzling light into the eyes of
approaching drivers.
Sec. 489(53). Head lamp specifications, test and approval.
(a) The commissioner is authorized and required to determine
whether any head lamps of a type sold for use or used upon any
motor vehicle will comply with the requirements of subsection
fifty-one and the specifications set forth in this section and to approve
such head lamp devices and to publish lists thereof by
name and type as it shall determine are lawful herein after a laboratory
test as provided herein.
(b) The commissioner is authorized to accept a certificate of
the United States bureau of standards or some other recognized
testing laboratory having an arrangement with the said bureau
by which appeal may be made to it in case of dispute as to the
findings of such other laboratory which certificate certifies that
a head lamp device is of a type which by laboratory test has been
found to meet the specifications set forth in this section when
properly mounted, adjusted, and equipped with proper candle
power bulbs provided the commissioner is hereby authorized to
refuse approval to any device certified as above which the commissioner
determines will be in actual use unsafe or impracticable
or would fail to comply with the provisions hereof.
(c) Head lamps by laboratory test shall meet the following
requirements and limitations:
1. In the median vertical plane parallel to the lamps on a level
with the centers of the lamps not less than eighteen hundred and
not more than six thousand apparent candle power.
2. In the median vertical plane, one degree of arc below the
level of the center of the lamps, not less than seven thousand two
hundred apparent candle power, and there shall not be less than
seven thousand two hundred apparent candle power anywhere
on the horizontal line through this point, one degree of arc to the
left and to the right of this point.
3. In the median vertical plane, one degree of arc above the
nor less than eight hundred apparent candle power.
4. Four degrees of arc to the left of the median vertical plane
and one degree of arc above the level of the center of the lamps
not more than eight hundred apparent candle power.
5. One and one-half degrees of arc below the level of the center
of the lamps and three degrees of arc to the left and to the
right, respectively, of the median vertical plane not less than five
thousand apparent candle power nor less than this amount anywhere
on the line connecting these two points.
6. Three degrees of arc below the level of the center of the
lamps and six degrees of arc to the left and to the right, respectively,
of the median vertical plane not less than two thousand
apparent candle power nor less than this amount anywhere on
the line connecting these two points.
Sec. 489(54). Head lamp devices must be tested and
approved before sale or use.
(a) It shall be unlawful for any person to sell or offer for
sale, either separately or as a part of the equipment of a motor
vehicle, or to use upon a motor vehicle on a highway any head
lamp, head lamp lens reflector, or head lamp control device or any
combination thereof unless of a type which has been submitted to a
laboratory test and found to comply with the specifications herein
set forth and which type has been approved by the commissioner.
(b) It shall be unlawful for any person to sell or offer for sale
either separately or as a part of the equipment of a motor vehicle
any head lamp device approved by the commissioner unless such
device bears thereon a trade mark or name and is accompanied
by printed instructions as to the proper candle power globes to be
used therewith as approved by the commissioner and any particular
method of mounting or adjustment as to focus or tilt necessary
to enable such device to meet the requirements of this section.
Sec. 489(55). Retest of approved head lamp device.
The commissioner when having reason to believe that an approved
head lamp device sold commercially does not under ordinary
section may after notice to the manufacturer thereof suspend or
revoke the certificate of approval issued therefor until or unless
such head lamp device is resubmitted to and retested by an authorized
testing agency and is found to meet the requirements of this
section. The commissioner may at the time of the retest purchase
in the open market and submit the testing agency one or
more sets of such approved head lamp device and if such device
upon such retest fails to meet the requirements of this section
the commissioner may revoke the certificate of approval of such
device.
Sec. 489(56). Lights on parked vehicles.
Whenever a vehicle is parked or stopped upon a highway
whether attended or unattended during the times mentioned in
subsection forty-nine there shall be displayed upon such vehicle
one or more lamps projecting a white light visible under normal
atmospheric conditions from a distance of five hundred feet to
the front of such vehicle and projecting a red or yellow light visible
under like conditions from a distance of five hundred feet to
the rear except that no lights need be displayed upon any such
vehicle when parked in accordance with this and other subsections
upon any highway where there is sufficient light to reveal any
persons within a distance of two hundred feet upon such highways.
Sec. 489(57). Red or green light visible from in front
of vehicle prohibited.
It shall be unlawful for any person to drive or move any vehicle
upon a highway with any red or green light thereon visible
from directly in front thereof.
Sec. 489(58). Signal devices.
(a) Any motor vehicle which is so constructed or carries a
load in such manner as to prevent the hand and arm signal described
in this section from being visible both to the front and
rear of such vehicle shall be equipped with a mechanical or electrical
signal device which meets the requirements of this section
and is of a type approved by the Director of the Division of Motor
Vehicles.
(b) Every device intended to give a signal of intention to turn
or stop a vehicle shall give a signal plainly visible at all times
from a distance of at least one hundred feet to the rear of the
vehicle upon which it is used.
(c) The Director of the Division of Motor Vehicles is authorized
to adopt and enforce rules and regulations not inconsistent
with this section governing the construction, location, and
operation of signal devices and the color of lights which may be
used in any such electric devices. The Director is authorized to
accept a certificate of the United States bureau of standards of
some other recognized testing laboratory having an arrangement
with the said bureau by which appeal may be made to it in case
of dispute as to the findings of such other laboratory, which certificate
certifies that a signal device is of a type which has been
found to meet the regulations of the Director with reference
thereto.
(d) It shall be unlawful for any person to sell or offer for
sale, either separately or as a part of the equipment of a vehicle,
or to use upon a vehicle on a highway any signal device intended
to give notice of intention to turn or stop the vehicle upon which
it is used unless meeting the requirements of this section and of
a type first approved by the Director.
TITLE 3.
Highway Traffic Signs.
Sec. 489(59). Local traffic signs.
The Mayor or City Manager may cause appropriate signs to
be erected and maintained, designating residence and business
districts, highways and steam or interurban railway grade crossings
and such other signs as may be deemed necessary to carry
out the provisions of this section and to control traffic.
Sec. 489(60). Other than official signs prohibited.
No unauthorized person shall erect or maintain upon any highway
any warning or direction sign, marker, signal or light in imitation
of any official sign, marker, signal or light erected under
the provisions of this section, and no person shall erect or maintain
thereon any commercial advertising, provided nothing in this
subsection shall be construed to prohibit the erection or maintenance
of signs, markers, or signals thereon the name of an organization
authorized to erect the same by the State Highway
Commission, Mayor or City Manager.
Sec. 489(61). Injuring signs.
It shall be unlawful to deface, injure, knock down or remove
any sign legally posted as provided in this section.
TITLE 4.
Penalties.
Sec. 489(62). Penalties for Misdemeanor.
(a) It shall be unlawful for any person to violate any of the
provisions of this section.
Every person convicted for a violation of any of the provisions
of this section for which no other penalty is provided shall
for a first conviction thereof be punished by a fine of not less
than $2.50 nor more than one hundred dollars or by imprisonment
in jail for not less than one nor more than ten days; for
second such conviction within one year such person shall be
punished by a fine of not less than ten dollars nor more than two
hundred dollars or by imprisonment in jail for not less than one
nor more than twenty days, or by both such fine and imprisonment;
upon a third or subsequent conviction within one year
such person shall be punished by a fine of not less than twenty-five
dollars nor more than five hundred dollars or by imprisonment
in jail for not less than ten days nor more than six months.
Where, in this section, in any case, it is provided that a fine or
jail sentence may be imposed it shall be construed to mean that
both the fine and jail sentence may be imposed.
Sec. 489(63). Penalty for reckless driving.
Every person convicted of reckless driving, under subsection
two of this section shall be punished for a first violation by a
fine of not less than ten dollars nor more than one hundred dollars,
For conviction for subsequent violations, a fine of not less than
fifty dollars, nor more than five hundred dollars, or he may be
further punished by imprisonment in jail for a period of not less
than ten days nor more than six months, or by both such fine and
imprisonment.
Sec. 489(64). Penalty for failure to stop in event of
accident involving personal injury.
Every person convicted of violating subdivision (a) of subsection
thirty, relative to the duty to stop in the event of personal
injury accidents, shall be punished by imprisonment in jail for
not less than thirty days nor more than one year, or by fine of
not less than one hundred dollars nor more than five thousand
dollars, or by both such fine and imprisonment.
TITLE 5.
Procedure Upon Arrest, Reports, Disposition of Fines and
Forfeitures.
Sec. 489(65). Appearance upon arrest.
(a) Whenever any person is arrested for a violation of any
provision of this section the arresting officer, shall, except as otherwise
provided in this subsection, take the name and address of such
person and the license number of his motor vehicle and issue a
summons or otherwise notify him in writing to appear at a time
and place, to be specified in such summons or notice, such time
to be at least 5 days after such arrest unless the person arrested
shall demand an earlier hearing, and such person shall, if he so desire,
have a right to have immediate hearing or a hearing within
24 hours at a convenient hour, at the next session of the Civil and
Police Justice Court. Such officer shall thereupon and upon the
giving by such person of his written promise to appear at such
time and place forthwith release him from custody.
Any person refusing to give such written promise to appear
shall be taken immediately by the arresting officer before the
nearest or most accessible court having jurisdiction under this
section.
Any person who wilfully violates his written promise to appear,
given in accordance with this subsection, shall be guilty of a
misdemeanor and regardless of, and in addition to the disposition
of the charge upon which he was originally arrested.
(b) The provisions of subsection (a) of this section shall not
apply to any person arrested and charged with an offense causing
or contributing to an accident resulting in the injury or death
to any person nor to any person charged with reckless driving
or driving in excess of thirty miles per hour within a business or
residence district or in excess of forty-five miles per hour outside
of a business or residence district nor to any person charged
with driving while drunk or under the influence of intoxicating
liquor or narcotic drugs nor to any person whom the arresting
officer shall have good cause to believe has committed a felony,
and the arresting officer shall take such person forthwith before
the nearest or most accessible magistrate.
(c) Any officer violating any of the provisions of this section
shall be guilty of misconduct in office and subject to removal
therefrom upon complaint filed by any person with the Council.
Sec. 489(66). Report of convictions to be sent to department.
(a) The civil and police justice shall keep a full record of
every case in which a person is charged with violation of any
provision of this section and in the event that such person is convicted
or that his bail is forfeited, an abstract of such record shall
be sent forthwith by the civil and police justice to the department.
(b) Abstracts required by this subsection shall be made upon
forms prepared by the department and shall include all necessary
information as to the parties to the case, the nature of the offense,
the date of hearing, the plea, the judgment, the amount of the
fine or forfeiture, as the case may be, and every such abstract
shall be certified by said justice or clerk of such court, as a true
abstract of the records of the court.
(c) Each clerk of any court of record of this City shall also,
within ten days after any final judgment of conviction of any violation
of any of the provisions of this section, send to the department
a certified copy of such judgment of conviction. Certified
copies of the judgment shall also be forwarded to the department
in the commission of which a vehicle was used.
(d) Wilful failure, refusal or neglect to comply with any of
the provisions of this subsection shall subject the person who is
guilty thereof, to a fine of not less than ten dollars and not more
than fifty dollars, and may be grounds for removal from office.
Charges for dereliction of the duties imposed by this subsection
shall be tried by the court of record having jurisdiction over the
officer whose neglect is complained of, and the proceedings shall
be upon an informal complaint of any person.
TITLE 6.
Pedestrians.
Sec. 489(67). Pedestrians.
(a) The roadbeds of highways are primarily intended for vehicles,
but pedestrians have the right to cross them in safety, and
drivers of street cars and vehicles shall exercise proper care not
to interfere with such rights nor to injure them or their property.
(b) When crossing highways or streets, pedestrians shall not
carelessly or maliciously interfere with the orderly passage of vehicles,
and shall cross wherever possible only at intersections or
crosswalks. Pedestrians in crossing any street at intersection
with another street, shall at all times have the right of way over
vehicles making right turns into street being crossed by such pedestrians.
(c) At such intersections where no traffic officer is on duty
pedestrians shall have the right of way over vehicles.
(d) This shall not entitle the pedestrian to enter or cross
the intersection regardless of approaching traffic, but shall be
interpreted to require vehicles to change their course, slow down,
or come to a complete stop if necessary to permit pedestrians to
safely and expeditiously negotiate the crossing.
(e) Pedestrians shall cross only at right angles, and shall not
cross highways diagonally; nor, except to board a street car, or
to enter a safety zone at right angles, shall they step into that
portion of the highway open to moving traffic, at any point between
intersections where their presence would be obscured from
at the curb or side.
(f) At intersections where traffic officers are on duty, pedestrians
shall cross the intersection only with released traffic, and
shall be subject to the same signals as govern the movement of
other traffic.
(g) When actually boarding or alighting from a street car
pedestrians shall have the right of way over vehicles, but shall
not in order to board or alight from street cars, stop into the
street sooner, nor remain there longer than is absolutely necessary
to do so.
(h) Pedestrians shall not use the highways, other than the
sidewalks thereof, for travel, except when obliged to do so by the
absence of sidewalks reasonably suitable and passable for their
use, in which case they shall keep as near as reasonably possible
to the extreme left side or edge of same.
(i) No person shall play on a highway or use in play thereon
roller skates, coasters, or any similar vehicle or toy or other article
on wheels or runners, excepting bicycles, tricycles and motorcycles,
except in such areas as may be especially designated for
that purpose by the Mayor or Chief of Police.
(j) Any person convicted of violating any of the provisions
of this subsection shall be fined not less than two dollars nor more
than twenty-five dollars for each separate offense except subparagraph
(b) and for any conviction thereunder the minimum
fine shall be ten dollars.
TITLE 7.
One Way Streets.
Sec. 489(68). One way streets.
The following streets are hereby declared one way streets and
it shall be unlawful for any vehicle to be propelled or moved in
a direction other than herein set forth.
The following streets shall be used only for sound bound traffic:
Fifth Street East, Third Street East, and First Street from
Street.
The following streets shall be used only for north bound traffic:
Fourth Street East, Second Street East, and Second Street
West, from High Street, north of Main Street to Water Street,
south of Main Street.
On University Place the following streets are declared one
way streets:
Linden Avenue from the north end of University Way for
West bound traffic; Maple Street for East bound traffic, and University
Way between Maple Street and Linden Avenue for north
bound traffic.
TITLE 8.
Miscellaneous.
Sec. 489(69). Mayor and chief of police to have general
supervision over traffic.
The Mayor and Chief of Police shall have general supervision
and control of the management and parking of vehicles in the
interest of public safety, comfort and convenience not inconsistent
with the provisions of this section or of Chapter 474 of the
Acts of General Assembly of Virginia 1926, and any amendments
thereof, known as "Uniform Act Regulating the Operation of
Vehicles on Highways." Persons using the sidewalks and streets
of the City shall comply at all times and places with any direction
by voice, hand, whistle, sign or signal from any member of the
police force as to the stating, stopping, slowing, parking, approaching
or departing from any place; also as to the manner of
taking up or setting down passengers, and in loading and unloading
vehicles. The Mayor and Chief of Police shall have authority
to place upon the sidewalks and streets of the City such signs,
signals and other devices for handling traffic as they may deem
necessary.
Any person violating any of the provisions of this subsection
shall, for each offense, be liable to a fine of not less than $2.50 nor
more than twenty-five dollars.
Sec. 489(70). Permits.
No person shall operate a motor vehicle upon the streets of the
City unless he or she shall have obtained a written permit from
the Chief of Police which shall cost fifty cents (50c). For a
violation of this section a fine of not less than one dollar ($1.00)
nor more than twenty dollars ($20.00) shall be imposed. No
person shall be granted a permit unless the Chief of Police is
satisfied after a personal examination that such person is capable
and competent to operate a motor vehicle.
Sec. 489(71). Uniformity of interpretation.
This section shall be so interpreted and construed as to effectuate
its general purpose to make uniform the laws of the State
of Virginia, relating to motor vehicles and their operation.
Sec. 489(72). Parking on the streets of the city.
(a) No vehicle shall be parked on Main Street from Seventh
Street East to Preston Avenue, between 7 A. M. and 6 P. M. for
a period of more than thirty minutes, except on Sundays.
No vehicle shall be parked between Market Street and Water
Street on Second Street West; First Street, Second Street East;
Third Street East; Fourth Street East and Fifth Street East between
7 A. M. and 6 P. M. for a period of more than two hours
except on Sunday.
(b) No vehicle shall be parked on any of the streets of the
City between twelve o'clock midnight and six A. M. without a
parking light on the front and rear of such vehicle.
(c) Parking (with vehicle heading either way) is permitted
only on the designated side of the following streets:
On the east side of Rugby Road from Main Street to a point
opposite the entrance to Wayside Place; on E. side of Madison
Lane; on North side of Linden Avenue, from Rugby Road to
the northern end of University Way; on the West side of University
Way south of Maple Street; on the north side of Maple
Street; on the West side of Elliwood Avenue; on the East side of
Ninth Street between Main Street and the C & O Railroad and
on the north side of West Main Street between Fourteenth Street
and Rugby Road; on the West side of Fourteenth Street between
Virginia Avenue and Gordon Avenue; on the West side of Park
Chancellor Street from University on to Rugby Road. No parking
is permitted on the undesignated side of said streets.
(d) No vehicles may be parked on West Main Street between
Fourteenth Street and Chancellor Street between 7 A. M. and 6
P. M. for a period of more than thirty minutes, except on Sunday.
(e) No parking is permitted on Fourth Street, S. E., between
Water Street and South Street.
(f) Diagonal or head-in parking may be permitted by the
Mayor and Chief of Police by Police Regulations, provided, however
that such regulations shall not become effective until the
places for such parking are designated by appropriate lines or
markers on the streets where such parking is permitted.
(g) Violation of this section shall be punished as follows:
for the first conviction by a fine of not less than $2.50 nor more
than $5.00; for the second conviction within one year by a fine of
not less than $5.00 nor more than $10.00; and for the third or
subsequent conviction within one year by a fine of not less than
$10.00 nor more than $25.00.
Sec. 489(73). City license number plates to be attached
to rear of motor vehicle.
License number plates shall be issued each year by the City to
each owner of a motor driven vehicle on which the City license
tax has been paid. Such license number plate shall always be in
evidence upon the rear of each machine. And shall be maintained
in such a condition as to be legible at all times.
For each violation of this section a fine of not less than $2.50
nor more than $5.00 shall be imposed.
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.
(a) Every taxi or motor vehicle operated or used upon the
streets, highways, or alleys of the City of Charlottesville for the
transportation of passengers for hire within the City shall be
thoroughly and carefully inspected by the owner and maintained
in a good and safe condition at all times.
Every such vehicle except those hired for funeral purposes
register accurately the distance traveled between any given points.
(b) Passenger motor vehicles for hire operating within the
City of Charlottesville or which have a terminal within the City
of Charlottesville shall be registered with the Chief of Police.
The registration card of each vehicle giving the name of the owner
with the legal authorized rates shall be conspicuously posted in,
or on, the motor vehicle and such registration shall be subject to
revocation by the Mayor or Chief of Police. For such registration
a fee of $2.00 for the first car and $1.00 for each additional
car operated, shall be paid to the City.
(c) No person shall drive a motor vehicle for hire in the City
of Charlottesville until he has been registered by the Chief of
Police. No person under the age of sixteen years shall be registered.
No such registration shall be granted until the applicant
has shown to the satisfaction of the Chief of Police by examination
his ability to operate such vehicle and knowledge of the
traffic ordinances and regulations of the City. Registration fee
of $3.00 shall be required and such fees together with two photographs,
post-card size, of such applicant shall accompany each
application. Annual registration on or before May 1st is required
but where a driver registers each successive year the fee
of $3.00 shall be charged only for the original registration. The
registration card with a photograph attached shall be conspicuously
posted in the vehicle operated by such driver.
(d) Every person, firm or corporation operating motor vehicles
or taxies for hire within the City shall be required to give
a satisfactory bond in the sum of five Thousand Dollars,
($5,000.00) to cover any liability that might result to persons
or property from such operations, provided that such bond
shall not be required when the owner of such vehicle shall
take out and keep in force, public liability and property damage
insurance in some Company authorized to do business in this
State on each motor vehicle as follows:
$ 5,000.00 for loss sustained by the insured by reason of bodily
injury to, or death of any one person in one accident.
$10,000.00 for loss sustained by the insured by reason of bodily
injury to, or death of more than one person in any one accident.
$ 1,000.00 for damages to property of any person other than the
insured.
Such policies or certificates thereof shall be deposited with the
City Manager.
(e) Rates.—The maximum rates to be charged by passenger
motor vehicles for hire operating in whole or in part in the City
shall be 50c for the first passenger for the first mile, or fraction
thereof and $.25 for each additional mile or fraction thereof,
for first passenger, and 25c per mile for each extra passenger
or at the option of the passenger or passengers, hourly
rates may be paid which shall sot be greater than $2.50 per
hour for five passenger cars and $3.00 per hour for seven
passenger cars while running, and $1.00 per hour for waiting
provided that a wait of less than half an hour shall be included
in the running time. No charge shall be made for time consumed
in repairs. When cars are ordered from the owners place of
business these rates may include distance to place call is made.
(f) Any violation of any of the provisions of this subsection
shall be punished by a fine of not less than $5.00 nor more than
$100.00 for each offense.
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
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
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
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
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
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.
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.
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,
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
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,
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.
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.
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
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.
CHAPTER XXXIX.
Plumbing, Sewers and Drainage.
Sec. 491(1). Plumbing installation—general.
All installations of plumbing and drainage in every building
shall be made in accordance with the most approved methods of
sanitary plumbing installation with due regard to public health.
The United States Department of Commerce publication "Recommended
Minimum Requirements for Plumbing" shall be
considered as standard for general plumbing installations on all
work unless otherwise specified in this Chapter.
Sec. 491(2). Plumbing inspector — appointment —
term—salary.
A plumbing inspector shall be appointed by the City Manager
subject to the approval of the Council. He shall hold office at the
will of the City Manager and shall receive such compensation
as the Council, on the recommendation of the City Manager,
may fix.
Sec. 491(3). Plumbing inspector—duties.
The Plumbing Inspector shall be charged with the duties of
enforcing the plumbing laws of the City. He shall also perform
such other duties as the City Manager may assign to him.
The Plumbing Inspector shall not engage in the business of
plumbing, pipe fitting or any other business pertaining thereto
or be interested, either directly or indirectly, in any firm or corporation
engaged in said lines of business during his term of
office.
He shall inspect all buildings in course of erection, alteration
or repair for the purpose of seeing that the laws and ordinances
covering plumbing are complied with.
Upon being notified by any plumber engaged in work for
which he has received a permit, the Plumbing Inspector shall
promptly examine such work and shall condemn it, order the removal
of any defective or illegal material, or any plumbing or
drainage, failing to comply with the provisions of this section.
The Plumbing Inspector, or his authorized assistant, shall issue
of approval on the satisfactory completion of such work.
Sec. 491(4). Registration of plumbers.
Every person engaged, or about to engage, in the plumbing
business in the City, as a master or journeyman plumber, or
any person coming from other places for the purpose of engaging
in the plumbing business in the City as a master or journeyman
plumber shall appear in person before the plumbing inspector
and receive a certificate of registry upon satisfactory proof that
he is a master or practical journeyman plumber; and no person
other than a registered plumber shall be allowed to engage in
plumbing or make any connection with a sewer, drain, soil, waste,
or water pipe or any other pipe connected therewith.
Upon satisfactory proof that the certificate of registration of
a master or journeyman plumber was obtained through fraud or
error or the recipient thereof is shown to be dishonest, grossly
incompetent or repeatedly neglectful of the rules and regulations
herein contained, the City Manager shall revoke the certificate of
registration, with the right on the part of the person whose certificate
is revoked to appeal to the City Council.
Sec. 491(5). Licenses—bond required.
Any person, firm or corporation about to engage in the plumbing
business or the installation of plumbing systems in the City
shall first be licensed as required by the license laws of the City.
Before such licenses shall be issued by the Commissioner of
Revenue the applicant must exhibit a certificate showing that the
law hereafter required has been executed.
Every person, firm or corporation engaged in the plumbing
business shall enter into a bond with security satisfactory to the
City Manager in the penalty of $500.00 to indemnify and save
harmless the City, its citizens, residents and property owners
against any and all loss by reason of his failure to comply with
the requirements of this Chapter or from neglect or carelessness
in his work, and conditioned further that should any such work
be defective or incomplete and such person, firm or corporation
shall fail to correct the same within ten days after written notice
from the Plumbing Inspector, or his duly authorized representative,
and the cost thereof, as well as all the costs and expenses
incurred in collecting the same, may be recovered on the bond.
Such bond shall be renewed annually and placed in hands of
Plumbing Inspector on or before the first day of May of each
year.
Every person, firm or corporation engaged in the plumbing business
shall make good all damages arising by reason of violations
of this section. Work improperly done and not corrected after
ten days written notice by the Plumbing Inspector may be corrected
by the City Manager and the costs thereof and 20% additional
collected from said person, firm or corporation and such violation
shall subject such person, firm or corporation to a fine as
hereinafter proved and the City Manager may revoke his license
to do business, but the defendant shall have the right of appeal to
the Council.
Sec. 491(6). Permits—when required—who may do
plumbing work.
No alterations or installation of plumbing, shall be made, except
where the cost thereof is less than $10.00, without first obtaining
a permit therefor. Application for such permit shall be
made to the Plumbing Inspector on forms prescribed by him.
Such application shall be accompanied by such sketches and other
information as may be required by the City Manager, to enable
the City officials to determine whether or not such proposed work
is in conformity with the provisions of this Chapter. Upon the
approval of such application, the Plumbing Inspector shall issue
a written permit for such work.
Only a licensed plumber or his agent shall be allowed to make
connection with any sewer, drain, soil, waste or water pipe, or
make any addition or any alteration with any sewer, drain, soil,
waste, or water pipe.
Except in amount less than ten dollars, but not including repairs,
or renewals where necessary to cut into existing sewer,
drain, soil, vent, waste, or water pipe in the sanitary arrangement
of any building, the plumber must get a written permit from the
Inspector to do so. Before any permit is issued for work requiring
a connection with the sewer of the City, the plumber shall
connection and the work authorized by the permit shall be made
to conform thereto.
It shall be unlawful for any plumber to take out a permit for
any person not in his employ. Any plumber taking a job which
has been started by another, must be in every case responsible
for the entire work.
Sec. 491(7). Fees for connection and inspection.
A fee of one dollar shall be paid by the plumber to the inspector
for each permit issued for connection with the City sewer. A fee
of twenty-five cents shall be paid for each fixture installed,
roughed in, replaced or removed from one place to another, in
any building within the City and the receipts of these fees shall
be endorsed upon the application.
For the purpose of determining fees, the word "fixture" will
be construed to mean each Water Closet, Sink, Bath Tub, Shower
Bath, Lavatory, Urinal Wash Trays and every other water using
apparatus which is separately connected to the waste or
drainage system through a trap.
Sec. 491(8). Inspection — required — preparation for,
etc.
(a) All plumbing work for which a permit is issued shall be
inspected by the Plumbing Inspector at such stages in the progress
of the work as he may consider necessary in order to determine
whether or not the provisions of this Chapter have been
fulfilled. In the course of such inspection the Plumbing Inspector
shall be empowered to demand that any uninspected
plumbing work, which may have become concealed, be uncovered
and such obstructions moved in order to allow a careful inspection
of the work.
(b) Upon the completion of the work, the person, firm or
corporation doing the same shall notify the Plumbing Inspector
who shall make a final inspection of the work within thirty-six
hours thereafter, and shall issue a certificate of approval, provided
the work is satisfactorily completed. In case the Plumbing
Inspector refuses to issue a final certificate, complaint may be
in the matter.
(c) When additional inspections are necessary due to the failure
of the person, firm or corporation to properly install plumbing
work or for improper notice of completion on a job, an additional
fee of $1.00 for each such inspection may be charged at
the discretion of the City Manager.
(d) Upon the completion of the "roughing in" of a plumbing
installation the system shall be prepared for the Plumbing Inspector,
after a thorough test of the same by the plumber, by
filling all said drain, waste and vent pipes with water to the highest
point of the system. Such a test shall stand, under the pressure
of the water necessary to fill the system, for not less than
two hours before the Inspector is called. In cases where it is not
practicable to test with water, the system shall be subjected to
an air pressure of five pounds per square inch for the purpose of
testing and inspection, or in lieu thereof what is generally known
as the smoke test may be used.
Sec. 491(9). Vents.
No brick, sheet metal, earthenware or chimney flues, shall be
used as a sewer ventilator, or to ventilate any trap, drain, soil or
waste pipe.
Vent pipes from closets, sinks, bath tubs, basins, urinals wash,
trays and other fixtures requiring vents, shall be either lead,
cast iron, galvanized wrought iron or galvanized mild steel pipe
with proper fittings. All pipes when not vertical must have a
continuous up-grade to avoid trapping of condensation.
All water closets placed in buildings must be back vented by
2″ pipes, below the floor and as near the flange of closet as possible,
except such as are hereinafter specified. Where there is
only one water closet on the line of soil pipe, no back vent is required
except main soil pipe running through roof, but when
more than one water closet is located on the line of soil pipe, all
other except the top closet shall be vented. No horizontal vent
line longer than 3 feet, permitted beneath floor. In all cases
where closets are located more than 3 feet from main vent they
shall be vented and in cases of battery of closets the inspector
may authorize the omission of the separate vents and the substitution
2″ in diameter for two closets and 3″ in diameter for 3 to 6 closets.
Such vents to be taken off at a point between the last two closets
or rising at an angle of not less than 45 degrees from the last
closet.
The vertical vent pipes for water closets in buildings more
than four stories in height, must be at least three inches in diameter
with two inch branches to each water closet bend or trap.
This pipe shall be connected near the base of soil pipe line and
extended separately through the roof, with suitable branches
from each floor connecting therewith.
All vent pipe terminals when within fifteen feet of window or
other opening, must be carried two feet above the highest opening.
Back vents for fixtures shall be not less than as follows:
| 1 Lavatory | 1¼″ |
| 2 Lavatories | 1½″ |
| 3 to 6 Lavatories | 2″ |
| 1 Sink | 1½″ |
| 2 Sinks | 2″ |
| 3 to 6 Sinks | 2½″ |
| 1 Bath Tub | 1½″ |
| 2 to 6 Bath Tubs | 2″ |
| 1 Laundry Tub (1 Trap) | 1½″ |
| 2 to 6 Laundry Tubs (1 Trap) | 2″ |
| 1 Wall Type Urinal | 1½″ |
| 2 to 6 Wall Type Urinals | 2″ |
| 1 Urinal Stall | 2″ |
| 3 Urinal Stalls | 2″ |
| 3 to 6 Urinal Stalls | 3″ |
| 1 Foot Tub | 1½″ |
| 2 to 6 Foot Tubs | 2″ |
| 1 Slop Sink | 2″ |
| 3 Slop Sinks | 2″ |
| 3 to 6 Slop Sinks | 2½″ |
| Shower Stall | 2″ |
Fixtures, other than water closets, connecting into waste pipes
which do not carry waste from closets located above them, need
not be back vented when within four feet of such waste pipe;
to 4 stories in height and the number of such fixtures shall not
exceed four.
Fixtures located more than 4 feet from main or branch waste
lines are to be back vented except as specified elsewhere.
All openings left in soil, waste or vent pipes for any purpose
and not used in finishing shall be closed so as to be gas and water
tight and in case of vent pipe outlets where they are liable to
hold water, they shall be connected to waste.
Sec. 491(10). Drains.
House drain from a point three feet outside of building to one
foot or more above roof are to be constructed of medium or better
cast iron pipe and fittings, not less than four inches in diameter
if horizontal and three inches vertically and shall have a
minimum fall of one-eighth of an inch to a foot and when above
ground shall be supported by strong hangers. All waste and
vent pipes underground are to be of cast iron or lead.
Where pipes pass through roofs they shall be flashed with an
approved roof flange placed on and made tight.
Sanitary "T's" or Crosses may be used in all vertical lines of
soil, and waste pipes where fixtures are close enough to permit
use of same. Sanitary "T's" will also be permitted in horizontal
runs when used upright and directly under fixtures. Double
"Y's" will be permitted in horizontal runs. Changes in direction
must be made with "Y's" and 1/8 bends. Four inch or
larger pipes below or above ground shall have a "Y" fitting with
4 inch cleanout inserted in ends and on main lines not over thirty
feet apart and three inch lines or smaller shall have "Y's" with
two inch cleanouts not over twenty feet apart and also at ends
for the purpose of cleaning. Cleanouts must be accessible, extending
from "Y" fittings either straight ahead or from branch
to surface where underground in a straight line or when otherwise
not accessible.
The use of cast iron offsets to offset up to six inches and cast
in one piece when used in vertical waste lines is also permitted
and offsets greater than six inches may be used on vertical vent
lines.
The use of heel outlet and side outlet fittings must be approved
by the Inspector.
Waste pipes must be of either cast iron, galvanized wrought
iron, galvanized mild steel or lead and of the following sizes:
| Water Closets | 4″ |
| Slop Sinks | 3″ |
| Wash Trays | 2″ |
| Bath Tubs | 1½″ |
| Shower Stalls (single) | 2″ |
| Sinks | 1½″ |
| Wall Urinals | 1½″ |
| Stall Urinals | 3″ |
| Basins (single) | 1¼″ |
If screw pipe is used the fitting for same are to be galvanized
recessed drainage fittings. Fittings for screwed vents, other than
wet vents, may be regular galvanized malleable fittings.
Waste pipes under floors of concrete or other inaccessible material
shall be not less than two inches where over ten feet horizontal.
Joints in cast iron pipe and fitting shall be so filled with oakum
and lead or leadite, hand calked to make them gas and water
tight.
A brass floor flange shall be used in connecting earthenware
water closets to outlet pipe and so fitted as to secure a water and
air tight joint, and when set on tile or cement floors, putty, plaster
paris or cement may be used. White lead or varnish to be
used with gasket and flange.
Waste connections to slop sinks to be as above or by calking
pedestal of slop sink into waste pipe hub.
Connections for out door closets to be made by calking spigot
end of bowl or trap into hub of waste pipe.
All traps to be plain full bore traps, iron, lead or brass. Fixture
traps are to be generally "P" traps and where "S" traps
are necessary they are to be vented as directed by the Plumbing
Inspector. No traps are to be less than 1½″ inside diameter, or
1¼″ if they are brass traps. All traps 2″ and less in diameter
are to have trap screws.
Lead waste pipes are to be of weight known in commerce as
"D". Traps and bends to be of weights known as Standard.
Ferrules are to be of brass, extra heavy and four inches long.
Cleanouts shall be of acceptable material and construction.
Brass pipe for traps and fixture connections to be not less
than 17 gauge.
Vertical waste pipes to receive discharge from not more than
8 sinks, baths, lavatories, wash trays or similar fixtures shall
be not less than 2″ diameter and with branches not less than 1½″.
Connections between cast iron and lead pipes to be made with
brass ferrules wiped onto lead pipe and calked into cast iron
hubs.
Connections between cast iron and screwed pipe to be made
with cast iron fitting tapped and threaded or with screw pipe
couplings calked into cast iron hubs.
Connections between screwed pipe and lead pipe to be made
with brass soldering nipples, wiped onto lead pipe.
Connections between lead waste pipes, brass waste pipes and
traps and lead pipes to be made with wiped joints and between
brass waste pipes and traps and screwed pipe to be made with
recessed sweat bushings, or metal to metal ground joint connections.
Packed slip joint connections will not be permitted on
the sewer side of traps.
Lead drum traps to receive waste from bath tubs, or bath
tubs and lavatories, need not be back vented when within 4 feet
of main waste pipe and where no water closets are located above
such bath tub or lavatories. In cases where this distance exceeds
4 feet the lead drum trap must be back vented by 1½″ vent
pipe.
Sec. 491(11). Open drains and vent pipes.
Cellar drains and area drains will be permitted when they are
connected with an approved back water trap in connection with
a deep seal trap.
Drains into which the washing from automobiles or other
liquids or substances of such nature as would be likely to stop
up the sewers into which such drain empties, must be properly
constructed and operated with sand trap; and no person, firm or
such nature as will stop up any sewer within the City.
Cellar drains and sand traps will not be required to be vented
when within fifteen feet of main or branch waste pipe, which
extends through roof.
Where a fixture is allowed to discharge into an open drain,
a trap, but no vent will be necessary, but the waste pipe must
not exceed fifteen feet in length unless approved by the inspector.
The fixtures must be connected with sewer where sewer is
available.
Sec. 491(12). Downspout connections.
The connection of downspouts to storm water sewers are to
be made with cast iron pipe extending above ground and calked
into trap.
Sec. 491(13). Refrigerator waste and steam exhausts.
Waste pipe from refrigerators in which provisions are stored,
shall not be connected directly with the drainage system, but
shall waste into an open pan, or over a properly trapped and
water supplied fixture.
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. 491(14). Replacement of old fixtures.
When new fixtures are introduced on old work, it will not be
compulsory on the part of the owner to back vent same, but they
shall have non-syphoning traps of approved type and in changing
closets, only syphon closets with tanks will be allowed.
Where there are no closets above, it will not be necessary to
back vent fixtures, but the soil or waste pipe must be in every
case extended (not less than two inches in size) the required
distance above the roof, or into other vent pipe above highest
fixture. On repair of old work, in lieu of back vent pipe, a
non-syphoning trap of approved type when connected with a
wash basin, sink, urinal or wash tray, which is not more than
fifteen feet from a main, will be permitted.
Sec. 491(15). Kind of closets prohibited.
No direct water supply closet of any kind except with an approved
flush valve will be permitted and when any such closet
is taken out, it shall be replaced with a tank closet and shall be
vented to conform to these rules.
Sec. 491(16). Kind of closets permitted.
No water closet shall be placed within a house except earthenware
or iron enameled inside with rolled flushing rim.
All interior water closet compartments shall be ventilated by
windows into the open air or into air shafts of not less than
three square feet in area, or acceptable artificial light and ventilation.
All brass supply pipe to fixtures are to be full weight iron
pipe size and with malleable pattern beaded fittings. No slip
joint connections will be permitted on fixture supply pipes, except
on combination supply fittings furnished as a part of the fixture.
Supply to any fixture shall not connect below over-flow of
same, known as bell or bottom supply.
Closets in yard will not be required to be vented, provided that
they connect with sewer within ten feet thereof with vent pipe
in house or on same lot. All closets in yard shall be of an approved
anti-freezing type, having bowl enameled inside, provided
with proper size flush tank. The door of the closet room
shall be of sufficient size, well jointed, tight fitting, and self-closing.
The house enclosing closet shall be constructed of good
close fitting material and thoroughly fly-proof. For light and
ventilation there shall be near the top of the house at least one
opening not less than two square feet which shall be covered with
wire "fly screening."
Sec. 491(17). Supply pipes.
All water pipes within any building and through premises to
curb line must be of best grade galvanized wrought iron or galvanized
mild steel. No water pipe placed in ground shall be
smaller than three-fourths of an inch inside diameter and must
be clear of and above sewer pipe. Trenches for water pipes in
deep.
Sec. 491(18). Terra cotta pipe.
The terra cotta pipe from where it joins cast iron pipe to public
sewer at property line, must be of best quality number two or
better salt glazed and of following sizes:
| 1 to 4 Water Closets | 4″ |
| 5 to 16 Water Closets | 6″ |
Terra cotta pipes to be laid with uniform grade, joints to be
connected with a mixture of two parts clean sharp sand and one
part of best portland cement with oakum gasket or approved
sewer joint material and inside of pipes to be swabbed to remove
any mortar which might work through the joints.
Sec. 491(19). Sewer pipes through or under buildings.
All sewer pipes through or under buildings must be cast iron,
medium or better, except terra cotta pipes may be used where the
pipe line is below the foundation of the building. This sub-section
shall apply where buildings are constructed over or across
existing sewer lines.
Sec. 492(1). Sewers—how designated.
For the purpose of this Chapter, all sewers running in 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. 492(2). Sewer connection—application for—how
cost paid—deposit required.
The property owner shall pay costs of running connecting lines
from City sewer to their property line. The work shall be done
by the City as heretofore and the cost thereof to be paid by the
property owners. The said costs shall consist of the actual costs
of material and labor, plus 10% for collection, supervision, and
the overhead costs. Such connection shall be made only upon application
in writing on a form provided by the City Manager to
whom application shall be made. A deposit must accompany the
street, the deposit shall be $50.00. In all other cases the deposit
shall be $20.00. The deposit will be applied on the cost of the
work. If the cost be less than the deposit a refund of the difference
will be made. If the deposit proves insufficient to cover the
costs as above stated a bill will be rendered the property owner
for the balance.
Sec. 492(3). Sewer connection outside of City—application—how
made—contracts—charges.
The owners of property outside of the City limits desiring to
connect with the City sewerage system shall make written application
to the City Council. If the Council approves such application,
the City Manager shall grant a permit for such connection
subject to the provisions of this Chapter, providing the following
contract is duly executed by the property owner and recorded at
the expense of the property owner:
"THIS AGREEMENT, made and entered into this . . . . . .
day of . . . . . . . . . . . . . . , 19 . . . . , by and between the CITY OF
CHARLOTTESVILLE, VIRGINIA, hereinafter referred to as
the City, and . . . . . . . . . . . . , hereinafter referred to as Owner.
WITNESSETH:
"That for and in consideration of the rental payments and
agreements on the part of the owner, hereinafter specified and referred
to, the City grants unto the owner for a term of . . . . . .
years, commencing on the date of this agreement, and ending
January 1, 1950, the right to connect a . . . . . . inch private sewer
with the City sewer, as is indicated on the attached plat, and the
further right to use said City sewer for the disposal of such sewerage
as may be incident to the use and occupation of the property
hereinafter referred to, subject however, to such general regulations,
restrictions and charges as the City may now or hereafter
impose or prescribe relative to the use of City sewers by County
resident and property owners, including those hereinafter specifically
set forth.
The consideration for the aforementioned right is as follows:
(1) The owner agrees to pay the City quarterly, in advance,
the sum of $3.00.
(2) The owner agrees to construct and maintain said private
such regulations and requirements as the City may prescribe, said
construction and maintenance to be entirely at the owner's expense.
(3) The owner agrees that the City shall make connection of
the private sewer with the City sewer, at such place as the City
may designate and agrees to pay the City such sum as may be
necessary to cover the cost of making said connection.
(4) In the event the owner does not properly maintain said
sewer, the City after reasonable notice to the occupant of said
premises shall have the right to maintain the said sewer at the expense
of the owner, and the owner hereby agrees to pay the City
such sums as may be expended in maintaining the same.
(5) The owner agrees that all sums herein specified or which
may hereafter be charged by the City shall be paid promptly and
that if same are not paid within ten days after the same become
due, the City shall not only have the right to collect the same by
the ordinary legal remedies, but the owner, as additional security
for the payment of said sums, hereby gives the City a lien on said
property for all sums which may become due hereunder, together
with all costs, and attorneys' fees incident to the enforcement of
said lien and the collection of said sums.
(6) The owner agrees that the private sewer shall not be used
for the disposal of surface water; that unless the City shall give
its consent, in writing, no sewerage shall be emptied into said private
sewer other than that incident to the use and occupation of
the property which was conveyed to the owner by deed from
. . . . . . . . . . , recorded in the Clerk's Office of the Circuit Court
of Albemarle County in D. B. . . . . . . . . . . , p. . . . . . . ; and that
upon violation of this paragraph of this agreement, the City shall
have the right to forfeit and terminate all rights of the owner
herein granted, and prevent the owner from using the same by
such means as may be necessary.
It is mutually covenanted and agreed that the rights and obligations
herein created shall enure to the benefit of and be binding
upon the owner's heirs, successors and assigns.
IN WITNESS WHEREOF, the City has caused this agreement
to be executed by its City Manager, . . . . . . . . , and its corporate
seal to be hereto affixed by the Clerk of its Council, . . . . . . ,
first above written.
CITY OF CHARLOTTESVILLE, VA.,
By . . . . . . . . . . . . . . . . . . . . . .
City Manager.
. . . . . . . . . . . . . . . . . . . . . . . .
Owner.
Attest:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "
Clerk of City Council.
Sec. 492(4). 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 section 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. 492(5). Sewers — drainage of injurious matter
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 or drainage from the yard shall be permitted
to flow into the sewer.
Sec. 492(6). Sewerage—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. If he fails to
remove the obstruction within forty-eight hours after notice from
the City Manager, the obstruction may be moved by the City and
occupant.
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.
Before a private sewer line may be connected with the City
sewerage system, said private line, including the size, location and
construction, must have been inspected and approved by the City
Manager or his authorized representative. In consideration of
a permit being granted to connect said private lines with the City
sewerage system, the City shall have the right to connect other
sewers with said private sewer lines without any charge being
made by the owner of said lines to the City or to the owner of
any property connected therewith.
Sec. 492(8). The plumbing inspector is authorized to
enter property or premises for the purpose of inspection.
The plumbing inspector or his duly authorized representative
is hereby authorized and empowered to enter upon any building
or premises in the City for the purpose of seeing that the rules
and regulations in regard to plumbing, sewerage and drainage are
complied with. Any person, firm or corporation preventing the
plumbing inspector, or his duly authorized representative from entering
any building or premises in the performance of their official
duties, or obstructing or hindering them in the performance
of such duties shall be punished as provided in the next sub-section.
Sec. 492(9). Penalties.
Any person, firm or corporation violating the provisions of
this Chapter shall be fined not less than $5.00 nor more than
$25.00. Each day of failure to conform to the provisions or requirements
of this Chapter shall constitute a separate offense.
CHAPTER XL.
Electrical Code.
Sec. 493(1). Electrical installations—general.
(a) All installations of electrical wiring or any type of electrical
appliance or fixtures, shall be made in accordance with the
most approved methods of electrical construction with due regard
to the safety of life and property, and in a most workmanlike
manner.
(b) The National Electric Code of the National Board of Fire
Underwriters, as approved by the American Engineering Standards
Committee, shall be considered as standard for general electrical
construction and the installation of any type of electrical
appliance or fixture, other than as set forth in this Chapter.
(c) All installations of electrical wiring or any type of electrical
appliance or fixture shall be made with materials, wire, fittings
and apparatus which are of a grade and quality approved
by the Underwriters for the several purposes for which they are
used.
(d) All installations of electrical wiring or any type of electrical
appliance or fixture within the "Congested Fire Limits," as
defined elsewhere in this Code, shall be made in rigid conduit
only.
(e) Whenever the wiring in any part of the City, whether in
"Congested Fire Limits" or otherwise, is subject to moisture, the
installation shall be made in rigid conduit and the wire shall be
of the rubber covered lead sheathed type.
(f) All new buildings and all old buildings being rewired in
the City of Charlottesville shall be equipped with a rigid conduit
service complete to a water ground, using a groundulet of an approved
type.
(g) All circuit wires, leaving a service switch or panel box on
a knob and tube job shall be conduit or armored cable to the first
outlet box.
(h) All baseboard or wall receptacles shall be so wired that
not more than one receptable shall be on each lighting circuit. In
be wired for each eight receptacles and each twelve light outlets.
(i) All motors requiring more than one ampere at 220 volts
shall be wired with approved rigid metal conduit.
(j) All electrical appliances up to three amperes at 220 volts
shall be connected to and operated through an approved appliance
receptacle, termed as a fixed connection. Appliances shall not be
attached to pendant fixtures or drop cords other than portable
table lamps directly under the fixture. Portable cords used on
appliances shall not be more than eight feet (8′) long.
(k) All knob or tube work shall be installed as a loop system
in order to prevent joints being made in partitions and other concealed
places.
(l) All wiring in buildings being remodeled of which 50 per
cent of the wiring is new, based upon the number of outlets shall
be made to conform to the present requirements.
Sec. 493(2). City electrician — appointment — term
—compensation—bond.
A City Electrician shall be appointed by the City Manager subject
to the approval of the Council. He shall receive such compensation
as the Council, on the recommendation of the City
Manager, may fix; payable in equal monthly installments. The
City Electrician shall give bond in such amount as the Council
may deem necessary.
Sec. 493(3). City electrician—duties.
The City Electrician shall be charged with the duty of enforcing
the laws of the City relating to electricity. He shall also
perform such other duties as the City Manager may assign to
him.
The City Electrician shall not engage in the electrical business
or any other business pertaining thereto, or be interested either
directly, or indirectly, in any firm or corporation engaged in said
lines of business during his term of office.
He shall inspect all buildings in course of erection, alteration
or repair for the purpose of seeing that the laws and ordinances
covering electrical work are complied with.
Upon being notified by any electrical contractor engaged in
shall promptly examine such work, and shall condemn it, ordering
the removal of any defective or illegal material, or any electrical
work failing to comply with the provisions of this Chapter.
The City Electrician or his authorized assistant, shall issue all
permits for electrical work and issue the required approval certificate
on the satisfactory completion of such work.
The City Electrician shall have general supervision of all electric
lights used for City purposes and it shall be his duty to require
any person, firm or corporation, furnishing electricity to
the City under contract to comply with its terms, and in the event
of failure to do so, he shall report such failure to the City Manager.
The City Electrician shall be charged with the upkeep and
maintenance in good working order of the electric fire alarm, and
traffic systems. He shall attend all fire alarms, reporting to the
person or officer in command at the scene of the fire. He shall
cut or cause to be removed all wires and shall turn off all currents
where the circuits interfere with the work of the fire department,
or are liable to injure life or property.
The City Electrician shall direct, regulate and determine the
placing, operation and maintenance of electric wires and other
appliances for light, heat or power, and he shall cause all such
wires or appliances to be so placed, constructed, guarded and insulated
that they will not cause injury to life or property.
The City Electrician shall have special charge of the enforcement
of all ordinances relating to electricity and the use thereof
in the streets of the City, parks, or other public places. He shall
report to the City Manager any person, firm or corporation violating
any of the provisions of the City Code relative to electricity.
Sec. 493(4). License — certificate of registration —
bond required.
No person, firm or corporation shall be licensed to make installations
of electrical systems or be engaged in the electrical
business, unless such person has had at least three years apprenticeship
in the electrical trade, or unless such firm or corporation
has in its employ and in charge of its electrical work a person
about to engage in the electrical business or the installation
of electrical systems in the City shall first be licensed as required
by the license laws of the City. Before such license shall be issued
by the Commissioner of Revenue, the applicant must exhibit
a certificate of registration, issued by the City Electrician,
which shall show that such person has had at least three years
apprenticeship in the electrical trade and has executed the bond
hereinafter provided. Such certificate of registration shall be
sufficient proof that the applicant has been duly qualified to engage
in the electrical business as required by this chapter.
Each person, firm or corporation engaged in the electrical business
shall enter into a bond with Corporate security satisfactory
to the City Manager in the penalty of $500.00 to indemnify and
save harmless the City, its citizens, residents and property owners
against any and all loss by reason of his failure to comply
with the requirements of this chapter, or for neglect or carelessness
in his work and conditioned further that should any
such work be defective or incomplete and such person, firm or
corporation shall fail to correct the same within the time specified
by the City Electrician on forms provided for this purpose,
the City Manager may have such work corrected or completed
and the cost thereof as well as all the costs or expense incurred
in collecting the same, may be recovered on the bond.
Such bond shall be renewed annually and placed in hands of
the City Electrician on or before the first day of May of each
year.
Every person, firm or corporation engaged in the electrical
business shall make good all damages arising by reason of violation
of this Chapter. Work improperly done and not corrected
as required by the City Electrician on forms provided for the
purpose, may be corrected by the City Manager and cost thereof
and 20% additional collected from said person, firm or corporation,
and such violation shall subject such person, firm or corporation
to a fine as hereinafter provided and/or revocation of
his license to do business.
Sec. 493(5). Radios—who may install—bond required.
Duly licensed radio dealers may also install radios and antennas
and approved as the bond required of persons, firms or
corporations engaged in the electrical business under the preceding
subsection of this chapter.
The same permits, inspections and approvals shall be required
of radio and antenna installations as of installations of other
electrical work.
Sec. 493(6). Permits—when required—who may do
electrical work.
No alterations or installations of electrical wiring or any type
of electric appliance or fixture shall be made without first obtaining
a permit therefor. Application for such permit shall be
made to the City Electrician on forms prescribed by him. Such
application shall be accompanied by such sketches and other information
as may be required by the City Manager to enable the
City officials to determine whether or not such proposed work is
in conformity with the provisions of this chapter. Upon approval
of such application the City Electrician shall issue a written
permit for such work. Only a registered electrician shall be
allowed to make any electrical installations or alterations (except
radio and antenna as provided in the preceding subsection of this
section) provided, however, that each registered electrician actually
engaged in a piece of electrical work may have one or
more helpers or apprentices directly under his supervision.
It shall be unlawful for any electrician to take out permits for
any person not in his employ.
Any electrician taking a job which has been started by another
must take out a new permit for such work and must be responsible
for the entire work.
Sec. 493(7). Fees for permits.
The following fees shall be paid to the City for each permit
issued by the City Electrician for the installation or alteration
of wiring or the installation of any type of electrical appliance
or fixture in any building or electrically connected thereto,
within the City, and the receipt of these fees shall be endorsed
on the application by the City Electrician.
Open or concealed work to outlets:
| No. of Outlets | Fee |
| 1 to 3 | $0.25 |
| 4 to 6 | 0.50 |
| 6 to 9 | 0.75 |
| 10 to 12 | 1.00 |
| 13 to 15 | 1.25 |
| 16 to 18 | 1.50 |
| 19 to 21 | 1.75 |
| 22 to 24 | 2.00 |
| 25 to 27 | 2.25 |
| 28 to 30 | 2.50 |
| 31 to 33 | 2.75 |
| 34 to 36 | 3.00 |
| 37 to 39 | 3.25 |
| 40 to 42 | 3.50 |
| 43 to 45 | 3.75 |
| 46 to 48 | 4.00 |
| 49 to 51 | 4.25 |
| 52 to 54 | 4.50 |
| 55 to 58 | 4.75 |
| 59 to 63 | 5.00 |
| 64 to 68 | 5.25 |
| 69 to 74 | 5.50 |
| 75 to 80 | 5.75 |
| 81 to 89 | 6.00 |
| 90 to 99 | 6.25 |
over 100 outlets 0.25 for every ten outlets or any fraction thereof.
Fees on electrical lighting fixtures, shall follow the same
schedule as listed above.
| Rating | Fee |
| 0 to ¼ h. p. (portable) | no charge |
| 0 to 1 h. p. nonportable | $0.50 |
| 1 h. p. to 5 h. p. inclusive | 1.00 |
| 6 h. p. to 15 h. p. inclusive | 2.50 |
| 16 h. p. to 25 h. p. inclusive | 4.00 |
Over 25 h. p. $.25 for every 5 h. p. or any fraction thereof additional.
Provided that no fee shall be in excess of $10.00.
When one or more motors are under the same roof a permit
shall be required to cover each individual motor on the basis of
its name plate rating.
Generators.—The same fee rate shall apply to generators as
are herein provided for motors, based upon 1 K. W. being equal
to 1 h. p.
| Per K. W. | $0.25 |
Minimum $0.50 maximum $5.00.
Electric Signs and Marquees.—The number of light outlets
shall govern the fee for electric signs and marquees. The fee
charge shall follow the schedule as prescribed for open or concealed
work to outlets as set forth in this subsection.
Miscellaneous Units and Appliances.—Appliances or apparatus
not herein specified shall be paid for on the basis of the name
plate rating in horse power. The rate shall be the same as for
motors.
Sec. 493(8). Inspections—required — preparation for,
etc.
All electrical work for which a permit is issued under the
provisions of this Code shall be inspected by the City Electrician
at such stages in the progress of the work as he may consider
necessary in order to determine whether or not the provisions
of this Code have been fulfilled. In the course of such inspections,
the City Electrician shall be empowered to demand that
any uninspected electrical work, which may have become concealed
in the further construction on the given project, be uncovered
and such obstructions moved in order to allow a careful
examination of the work.
Upon the completion of the work covered by a given permit
the person, firm or corporation doing the same shall notify the
City Electrician, who in turn shall make a final inspection of
the work within thirty-six hours thereafter, and shall issue a
certificate of approval on the same, provided the work is satisfactorily
power service, the City Electrician shall certify to the person,
firm or corporation selling power, that the work has passed a
satisfactory inspection; such certification shall be made in writing
on a "Connection Certificate" form provided therefor. In
no case shall a lighting or power service be connected until the
proper inspection has been made and "Connection Certificate"
issued, unless the City Electrician grants at his discretion a
temporary service connection which shall be disconnected on
the verbal request of said City Electrician. In case of the refusal
of the City Electrician to issue the certificates as set forth
in the above, complaint may be made to the City Manager, and
his decision shall be deemed final in the matter.
When additional inspections are necessary due to the failure
of the person, firm or corporation to properly install electrical
work, or for improper notice of completion on a job an additional
fee of $1.00 for each such inspection may be charged at
the discretion of the City Manager.
The installation for electrical appliance for sales purposes only
shall be deemed a temporary installation of the appliance. No
inspection or fee shall be required; but the person, firm or corporation
making the said temporary installation shall notify the
City Electrician of the same. After a period not greater than
ten (10) days the City Electrician shall require that the appliance
be either disconnected or permanently wired and installed,
the necessary permits obtained, and the proper inspection made.
Temporary or decorative wiring for show windows, exhibitions,
conventions, circuses, carnivals, entertainments, etc., may
be made. The term of such temporary wiring shall not be
greater than ten (10) days, except upon written approval of
the City Manager. A regular inspection shall be required on
such temporary wiring, and a fee of one-half the regular rate as
set forth above shall be charged.
Sec. 493(9). Dead wires.
No person, firm or corporation shall maintain or permit "dead
wires" to remain on their poles in or over the streets, nor shall
they erect or maintain any unsafe, unsuitable, or improperly located
pole or poles that are not in accordance with the provisions
in or over the streets of the City any unsafe, unsuitable or improperly
located cross-bars or any defective or improperly installed
or located wires, or electrical apparatus.
Sec. 493(10). Poles.
All poles erected in the City shall be neatly painted by the
owners thereof at their expense, and shall be stenciled, painted
or branded with the owner's name, or initials, some six feet
from the ground.
Sec. 493(11). Electrical construction in streets.
No electrical conductors, wires, conduits, poles, lamps or other
electrical devices or fixtures shall be constructed, erected, strung,
laid, maintained, changed or altered, above, below or in any
street, avenue, park or public place in any part of the City, nor
shall any extension of the electrical conductors either overhead
or underground be made, without the written consent of the City
Electrician. Provided that for any work contemplated which
will require any disturbance of the streets or excavations in them,
or the placing of any obstruction in said streets, such permit
from the City Electrician shall be approved by the City Manager.
And provided that in every case of refusal of a permit by the
City Electrician, the person, firm or corporation that has been refused
such permit may make application to the City Manager for
said permit, whose decision shall be final.
Sec. 493(12). How city wires located.
The uppermost zone on every pole shall at all times be reserved
for the free use of the City in stringing its fire alarms or police
telegraph wires; and no person, firm or corporation shall run
any wire above said City wires, or within less than twenty-two
inches of them, or cross over them, but whenever it becomes
necessary to move the said City wires for any reason the person,
firm or corporation for whose benefit they are moved shall, at
the expense of such person, firm or corporation, provide for
them a place above all the other wires at least twenty-six inches
from them, and shall notify the City Electrician, who shall
shall at all times occupy said uppermost zone.
Sec. 493(13). The city electrician is authorized to enter
property or premises for purposes of inspection.
The City Electrician or his duly authorized representative is
hereby authorized and empowered to enter upon any building
or premises in the City for the purpose of seeing that the laws,
rules and regulations in regard to electrical installations are
complied with. Any person, firm or corporation preventing the
City Electrician or his duly authorized representative from entering
any building or premises in the performance of their official
duties or obstruct or hinder them in the performance of
such duties shall be punished as provided in the next subsection.
Sec. 493(14). Penalties.
Any person, firm or corporation violating any of the provisions
of this Chapter shall be fined not less than $5.00 nor more
than $25.00. Each day of such violation or failure to conform
to the provisions of this Chapter shall constitute a separate offense.
CHAPTER XLI.
Building Code.
Sec. 494(1). Definition of terms.
For the purpose of this section the following definitions,
terms and their applications shall be used, unless otherwise expressly
stated:
Alley.—Any right of way or easement used or laid out as a
means of access to or egress from two or more properties,
whether the same be open or not.
Areaway.—An open sub-surface space adjacent to a building
for lighting purpose or ventilating of basements.
Attic.—A space situated wholly or partially within the roof.
An attic, when it is used for business purposes or living quarters
shall be considered a story.
Basement.—The lower part of a building, the floor of which
is below the grade of the lot or street.
Sub-Basement.—That portion of a building next below the
basement.
Bay Window.—A projection beyond the wall of a building,
pierced by one or more window openings, the entire weight of
which is carried by the wall.
Beam.—A piece of timber, iron, concrete, stone, or other material
placed horizontally, or nearly so, to support a load over a
space below.
Building.—For purposes relative to this section all buildings
herein referred to shall be within either of the following classes
to-wit:
(1) Building.
(2) Altered Building.
Building.—Any structure affording shelter, whether erected,
constructed, renovated, or remodeled.
Altered Building.—Any building (other than as above defined)
changed either in use or occupancy, or by physical variation
in construction, or otherwise, not to exceed twenty-five per
centum (25%) of the assessed valuation of said building.
Church.—A building or structure used for divine worship or
religious instruction, including all social rooms connected therewith.
Columns.—Isolated vertical supports other than piers.
Concrete.—A combination of water, cement, sand and stone,
or other coarse aggregate, forming a solid mass.
Courts.—An open and uncovered space, other than a yard on
the same lot with a dwelling. A court not extending to the street
or the front or rear yards is an inner court. A court extending
to the street or front or rear yards is an outer court.
Curb Line.—The face or exposed side of the curb actually
constructed, or the line designated as such by the City.
Dwelling.—(a) Any house or building, or portion thereof,
which is used in part or in whole as a home, residence, or sleeping
place for one or more human beings, either permanently or
transiently.
(b) Private dwelling is any building which shall be intended,
designed, or used as the home or residence of not more than
three separate and distinct families or households, and in which
not more than five rooms shall be used for the accommodation
of boarders, and no part of which is used for commercial purposes.
Depth of a Building.—Same as the length.
Elevator.—A platform or cab, mechanically operated, in a vertical
shaft for the conveyance of passengers or goods.
Factor of Safety. — The quotient obtained by dividing the
breaking load or ultimate strength by the safe load.
Factory.—Any building in which goods, wares, merchandise,
or other materials are manufactured.
Fireproof.—The definition as contained in the latest regulations
of the National Board of Fire Underwriters.
Fire Doors and Metal Clad Doors.—The above terms shall
mean only doors, windows, and shutters as defined in the latest
regulations of the National Board of Fire Underwriters.
Fireproof Buildings.—The term fireproof buildings shall apply
to all buildings in which the principal parts are made of incombustible
materials, these principal parts consisting mainly in
walls, floor construction, roof construction, furring, ceiling, stairs
and all shaft enclosures. The finish of the floors, the windows,
materials when not in violation of the provisions of this chapter.
First Story.—That portion of a building the floor of which is
immediately above the basement.
Floor.—The structure or portion thereof, forming the upper
covering of a basement or story and the lower covering of any
other story.
Footings.—The spread bottom bearing course or courses of a
foundation, pier, or column.
Foundation.—That portion of the supporting walls, piers, etc.,
below the beams of the first story, including the footings. Any
wall or pier built below the adjacent curb line or nearest tier of
beams.
Frame Construction.—A building or structure of which the
exterior walls or portions thereof shall be constructed of wood.
Buildings sheathed with boards and partially or entirely covered
with four inches of brick or stone work, shall be termed frame
buildings. Wood frames covered with metal, whether the frames
are sheathed or not with boards, shall be deemed frame buildings.
Grade.—The surface of the ground, lawn, court, or sidewalk
adjoining a building.
(a) Established Grade. The grade of the street curb fixed
by the City.
(b) Natural Grade. The undisturbed natural surface of the
ground.
(c) Finished Grade. The grade of the exposed surface of
the ground when the proposed structure is completed.
Garage.—A building in which is housed for any purpose, self-propelled
vehicles designed for the use of inflammable liquids
for fuel or power, where tanks for such liquids are attached to
the machine, whether or not such tanks contain any inflammable
liquids.
Girders.—A structural piece of material placed horizontally or
nearly so, which supports the ends of beams or joists or large
floor slabs.
Hotel.—Every building or part thereof, intended, designed or
used for supplying food and shelter to transients, residents or
guests, and containing more than fifteen (15) sleeping rooms.
Incombustible Material.—A substance which will not burn and
combustion.
Lintel.—The beam or girder placed over a door or window
opening.
Load.—(a) The Dead Load. The actual weight of walls,
floors, roofs, partitions, and all other permanent construction.
(b) The Live Load. All imposed, fixed, or transient loads,
other than the dead loads, due to the use or occupancy of buildings
and their exposure to the wind pressure, and the elements.
Lodging Houses.—Any house or building or portion thereof,
in which persons are harbored or lodged, for hire a single night
or less than a week at a time at any one period, or any part of
which is let for any one person to sleep in, for any term less than
a week.
Lot Line.—The line of demarcation between the properties of
different owners.
Length of Buildings.—The greatest horizontal dimension of
any building shall be its length.
Mortars.—a. Portland Cement Mortar. Portland cement mortar
shall be made of Portland cement mixed with sand, proportioned
as follows: One part Portland cement to not more than
three parts sand by volume to which lime putty may be added in
amount not exceeding 15% by volume.
b. Lime Mortar. Lime mortar shall be made of one part lime
and not more than three parts sand to which shall be added not
less than 25% of Portland cement by volume.
c. Masonry Cement Mortar. Masonary cement mortar shall
be made in accordance with the specifications as recommended
by the cement manufacturer, but in no case shall be less than the
proportion of one part masonary cement to three parts sand by
volume.
When masonry cement is used it must be approved by the
Building Inspector.
All mortars shall be mixed in accordance with the best practice
and shall be used immediately after being mixed.
Masonry.—Built-up brick work, stone tile, or other similar
construction.
Office Building.—Every building which shall be divided into
rooms, designed or used for office purposes, and no part of which
his family.
Offset.—The shoulder or difference in thickness of a wall.
Partitions.—A non-bearing wall reaching from the floor to
the ceiling or partially to the ceiling, separating the space one
from another.
Party Line.—Same as lot line.
Piers.—Isolated masses of masonry or concrete, forming supports
for structural members.
Repairs.—The construction or renewal of any part of an existing
building for the purpose of its maintenance in its present
class of construction.
School.—All public and private schools, colleges, academies,
seminaries, museums, and art galleries, including buildings and
structures or portions of same, containing one or more rooms
used for the purpose of acquiring knowledge or for mental training.
Shaft.—A vertical enclosed space passing through at least one
floor and used for ventilation, stairways, elevator, wiring or piping
purposes.
Sprinkler System.—Whenever a sprinkler system is required
or mentioned in this section in any building or portion thereof
the entire installation shall be made in accordance with the latest
regulations of the National Board of Fire Underwriters, covering
this class of work.
Stables.—Any building used or designed for the keeping of
horses, cows, or other livestock.
Story.—That portion of a building comprised between the
floor and the floor above, or the roof next above.
Tenement and Apartment Houses.—Every building which shall
be designed or used for the home or residence of more than
three families.
Theatre.—A building, or part of a building, intended for use
in the production of dramatic, operatic, vaudeville, motion picture
shows, or similar entertainment as a usual business.
Walls—Bearing.—A wall which supports any load other than
its own weight.
Wall—Curtain.—Any non-bearing wall columns and piers and
which is not supported by beams or girders at each story.
Walls—Division.—A bearing wall or non-bearing wall running
between the exterior walls sub-dividing a building into different
parts.
Walls—External.—Any other walls or vertical enclosure of a
building other than a party wall.
Wall—Fire. — A division wall which extends through and
at least three (3) feet above the roof, excepting in fireproof
buildings, and in which all openings are protected by fire windows
and doors. Also any division or partition walls dividing
spaces into limited areas for fire protection purposes. A wall
subdividing a building to restrict the spread of fire.
Wall—Foundation.—See "Foundations."
Wall—Panel or Inclosure.—A non-bearing wall in a skeleton
structure built between columns or piers and supported at each
story.
Wall—Partition.—See "Partition."
Wall—Parapet.—That partition of a wall which extends above
the roof line.
Wall—Party.—A wall that separates two or more buildings,
and used or to be used, jointly by separate buildings or owners.
Wall—Retaining.—A wall designed or built to withstand
lateral pressure of adjoining earth or other material.
Wall Thickness.—The minimum thickness as given in this section.
Width of a Building.—The next to the greatest horizontal dimension
of a building.
Warehouses.—All buildings used for storage of goods, wares
or merchandise.
Wells. — Open spaces other than shafts passing through at
least one floor.
Sec. 494(2). Fire limits—congested fire limits.
The following shall and are hereby declared to be the Fire
Limits:
(a) Congested Fire Limits.—Beginning 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
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 a point where the C. & O. Railroad
crosses Main Street, thence along the north side of the C. & O.
Railroad in a westerly direction to where Madison Lane, if extended,
would cross said Railroad, thence along Madison Lane in
a southerly direction to Main Street (University Avenue), thence
along Main Street in an easterly direction to the C. & O. Railroad,
thence along said Railroad to Ridge Street, thence leaving said
Railroad in a south-easterly direction along Ridge Street to Garrett
Street, thence along Garrett Street in an easterly direction
to Fifth Street, S. E., hence in a northeasterly direction along
Fifth Street, S. E., to a point one hundred feet south of the C.
& O. Railroad, thence in an easterly direction parallel to and one
hundred feet south of said Railroad to a point on Seventh Street
East, thence northerly along Seventh Street, East to Market
Street, thence east along Market Street to Ninth Street, East,
thence following Ninth Street to the point of beginning.
(b) Fire Limits.—The following shall be and are hereby declared
to be the fire limits:
Beginning on the Ivy Road at the western end of the limits of
the City of Charlottesville, thence following the limits of the City
of Charlottesville by a broken line in a general northeasterly direction
to the old Barracks Road, also called Preston Avenue,
thence in a southerly direction along the old Barracks Road or
Preston Avenue, to a point where Charlton Avenue, if extended
would meet the old Barracks Road, thence in a southeasterly direction
along Charlton Avenue to the new double track line of
the Southern Railroad, thence following the line along where
Charlton Avenue would run if it were extended in a straight
line to the old line of the Southern Railroad, thence in a northeasterly
direction along center line of the old Southern Railroad
to the line of the corporate limits of the City of Charlottesville,
before the extension of 1916, thence following said old Corporate
line to Park Street, thence in a straight line in a northeasterly
direction to the northwestern end of Hazel Street, thence along
Hazel Street to the Free Bridge Road, thence up the Free Bridge
Meade Avenue to Market Street, thence in a straight line to
where Carlton Road crosses the C. & O. Railroad, thence along
Carlton Road to Carlton Avenue, thence east along Carlton Avenue
to the Corporate limits of the City of Charlottesville, thence
along the corporate line to Elliott Avenue, thence along Elliott
Avenue, to the Scottsville Road, thence in a straight line to the
eastern end of Lankford Avenue, thence following Lankford
Avenue to Ridge Street, thence along an unnamed alley in the
line of the extension of Lankford Avenue, to 5th Street, S. W.,
thence along 5th Street, S. W., in a westerly direction to Apple
Street, thence in a straight line to Elm Street, and along Elm
Street to 9th Street, S. W., thence in a northerly direction along
9th Street, S. W. to Cherry Street, thence along Cherry Street
to the Corporate limits of the City of Charlottesville, thence following
the Corporate limits of the City of Charlottesville as established
in 1916 by the annexation to the point of the beginning.
Sec. 494(3). Building inspector — appointment—term
—compensation—bond.
A Building Inspector shall be appointed by the City Manager
subject to the approval of the Council. He shall hold office at
the pleasure of the City Manager and shall receive such compensation
as the Council, on the recommendation of the City Manager,
may fix. The Building Inspector shall give bond in such
manner as the Council may deem necessary.
Sec. 494(4). Building inspector—duties.
The Building Inspector shall be charged with the duty of enforcing
the building laws. He shall also perform such other duties
as the City Manager may assign to him.
He shall inspect all buildings in course of erection, alteration
or repair for the purpose of seeing that the laws and ordinances
are complied with. He shall issue building permits as hereafter
provided.
The Building Inspector shall not engage in the construction
business or any other business pertaining thereto or be interested,
either directly or indirectly, in any firm or corporation engaged
in said lines of business during his term of office.
Sec. 494(5). Establishment of street lines—plat required.
Whenever any person, firm or corporation proposes to erect any
house, wall, structure, or fence, or addition thereto within the
corporate limits, such person, firm or corporation shall cause to
be made by a certified surveyor a survey of the lot on which said
structure is to be erected which shall show the true street line
and a blueprint thereof shall be submitted to the Building Inspector
for approval.
The Building Inspector may waive the foregoing portion of
this section if, after an inspection of the lot on which the structure
is to be erected, he shall satisfy himself that the proposed
structure will not encroach upon the true street line, or violate
the zoning laws, and that there be no necessity for the making
of such survey.
In any case, where the Building Inspector ascertains that any
such building or structure encroaches upon the true street line, it
shall be the duty of the City Manager to notify said person, firm
or corporation in writing to remove such building or structure
from the true street line so that it will not encroach thereon; and,
upon failure for a period of five days by such person, firm or
corporation to comply with the written notice from the City
Manager, such person, firm or corporation shall be fined as provided
in subsection 50 of this section.
Sec. 494(6). Permit—when required—fees.
(a). Before the erection, construction, or alteration of any
building or structure or part thereof, and before the installation
or alteration of the plumbing, drainage, piping, or wiring thereof,
where the total cost of such building or structure will be in
excess of Fifty Dollars, application for a permit for the erection,
construction, or alteration of such building or structure or part
thereof shall be made to the Building Inspector, by the owner or
owners of their authorized agent, and it shall be unlawful for
any person, firm or corporation to begin the erection, construction,
or alteration of any such structure or part thereof until a
proper permit has been issued therefor.
(b). Application shall be made on forms furnished by the
Building Inspector which shall contain such information as he
plans and specifications as will give full information as to the
character of the building, its size, arrangement of rooms, halls,
closets, and stairways, and the material to be used in its construction;
and the City Manager or Building Inspector may require
such additional drawings, specifications, strain sheets and
other information which either of them may deem necessary.
(c). No building shall be moved until a permit has been obtained
from the City Manager; who shall not issue such permit
if in his judgment the proposed new location of the building
would increase the fire hazard of the surrounding buildings,
(unless a certificate is obtained by the owner from the National
Board of Fire Underwriters stating that such removal would
not increase the fire hazard of the surrounding buildings adjacent
to the proposed new location), or would be in violation of the
zoning or other ordinances of the City.
(d). The estimated cost of all buildings for the purpose of
determining the fees to be charged for all permits shall be the
total cost to the owner or owners, of the building and all appurtenances.
When constructed on a cost plus basis the estimated
cost shall include the actual cost plus the percentage
charged, specified or contracted for. When there is more than
one contract covering different portions of the building, or different
classes of work on the same building, the estimated cost
shall be the sum total of the several contract prices for each class
or portion of the whole work.
(e) The City Manager may revise the estimate of the cost of
any proposed building or structure, or alteration thereof for
which application is made for a permit, and may require a
sworn statement of the applicant as to the cost thereof.
(f) When a permit is granted hereunder, the party receiving
it shall apply for the grade and line of the sewer nearest to his
property and make his building or structure conform thereto.
(g) Any party receiving a permit as provided herein shall apply
for the grade of the streets and sidewalks adjacent to this
property, and so construct his building as to conform thereto.
(h) No permit required hereunder for erection, construction
or alteration of a building or structure shall be issued unless the
hereunder shall be as follows:
| Where the total cost does not exceed $1,000.00 | $ 1.00 |
| For each additional $1,000.00 or fraction | 1.00 |
| Maximum fee required | 150.00 |
Sec. 494(7). Change in structure after permit is issued.
If after a permit has been issued, or during the progress of,
or the execution of any work on any building or structure, it
is desired to materially alter or deviate in any manner from the
construction or any essential feature as called for in the approved
plans or specifications, for such building or structure, notice of
the desire or intention on the part of the owners or builder of
such building or structure, shall be given to the Building Inspector
in writing, setting forth in detail the desired changes;
and if approved, he will give the applicant his written approval
of the requested change, otherwise no change will be permitted
in the plans and specifications as originally approved.
Sec. 494(8). To what buildings and structures these
regulations apply.
Upon the completion of such buildings, structure or alteration,
provided no violations exist, the City Manager or other officials
designated by him, shall issue to the owner a certificate of occupancy
of the proposed building or part thereof, stating the
purpose for which such building or structure may be used. There
shall be no occupancy until after such certificate has been issued
for such building or structure or part thereof.
Sec. 494(9). Foundation.
(a) Every building hereafter erected, except buildings erected
upon solid rock, shall have a concrete, brick, stone or masonry
foundation wall, laid in Portland Cement Mortar extending
around the entire area to be occupied by the building and below
the curb grade at least eighteen (18) inches, or the finished grade
of a lot if the building does not immediately join the sidewalk.
Except that frame dwellings costing $2,000.00 or less may be
constructed upon wood, concrete or masonry posts.
(b) The foregoing paragraph shall not apply to sheds, private
poultry houses, and other similar structures, costing $1,000.00
or less.
Sec. 494(10). Walls, cornices, and roof required within
the congested fire limits.
Every building hereafter erected within the congested fire limits
shall be inclosed on all sides with walls constructed wholly of
stone, well-burned brick, concrete, or other equivalent incombustible
material; and shall have the roof, top, and sides of all roof
structures, including dormer windows, covered with materials
equal to or better in fire resistive qualities than class "C" roof
covering materials as defined by the National Board of Fire Underwriters.
All cornices shall be of incombustible material except
residences and buildings other than business houses which
are not less than ten feet from the nearest street or property
line.
Sec. 494(11). Permissible wooden structures within the
congested fire limits.
No frame or wooden structure shall hereafter be built within
the congested fire limits as given herein or within the congested
fire limits as may hereafter be established, except for the following,
and all roofs placed upon such buildings or structures
shall be of class "C" roof covering material or better as defined
by the National Board of Fire Underwriters:
(a) Temporary one story frame buildings for the use of
builders.
(b) Bay windows when covered with incombustible material.
(c) Out houses not over ten feet high with floor space of
not more than one hundred square feet, where the cost of same
does not exceed seventy-five dollars, when in the judgment of
the Building Inspector, the fire hazard to the surrounding buildings
would not be materially increased.
(d) Rooms and inclosed porches with a floor space not exceeding
one hundred square feet may be added to existing frame
structures.
Sec. 494(12). Repairing frame building within congested
fire limits.
Any existing frame building within the congested fire limits,
which may hereafter be damaged by fire, decay, or otherwise to
an amount greater than one-half of its present value, exclusive
of the foundation shall not be repaired or rebuilt, but shall be
removed.
No building shall be altered or remodeled for use as an apartment
if same contains more than five apartments unless same
be of fireproof construction.
Sec. 494(13). What buildings required to be fireproof.
(a) All buildings erected, altered or remodeled, for the use
of a public garage, coffee roaster, bakeries, dry cleaning establishment,
laundries, theatres, schools if over one story and basement
in height, hotels if over two stories and basement in height,
within the fire limits shall be of fire proof construction.
(b) All buildings over 55 ft. or four stories in height shall be
of fire proof construction, except that this shall not apply to
domes, towers, or spires of churches or of other public buildings.
(c) All buildings designed for use as tenements and apartments
if containing more than five apartments and if more than
two stories and basement in height.
Sec. 494(14). Mill building and factory construction.
Factory and mill buildings of any type over one story in height
shall be constructed in accordance with mill construction or slow-burning
construction as defined by the National Board of Fire
Underwriters.
Sec. 494(15). Limits of height and area.
(a) Except as specified in subsection 31 of this section, no
building hereafter erected within the corporate limits, having
walls of hollow terra cotta or concrete blocks, shall exceed three
stories, or forty (40) feet in height.
(b) The floor area between fire walls of non-fireproof buildings
shall not exceed the following: When fronting on one
street, 5,000 square feet; when fronting on two streets, 6,000
square feet, and when fronting on three streets, 7,500 square
conditions as indicated:
For non-fireproof buildings, fully equipped with approved
automatic sprinklers, 66 2/3%.
For fireproof buildings, not exceeding 125 feet in height,
50%.
For fireproof buildings not exceeding 125 feet in height fully
equipped with approved automatic sprinklers, 100%.
Sec. 494(16). Walls.
For the purpose of determining wall thickness as specified in
this subsection basements and subbasements shall be considered
as stories.
(a) The exterior or division walls of all buildings hereafter
erected within the corporate limits shall be of sufficient thickness
to support the load to be carried; but in no case shall a brick,
stone, concrete, or hollow block wall be less than twelve (12) inches thick except panel walls, non-load bearing and in dwelling
house class.
(b) Walls, for warehouse class only (excepting party and
fire-walls, for all buildings of other than the dwelling house
class) not exceeding four stories or fifty-five (55) feet in height,
shall have the upper two stories not less than twelve (12) inches
thick, increasing four (4) inches in thickness for each two
stories or fraction thereof below.
(c) For all walls of buildings of the dwelling house class the
upper two stories shall be not less than eight (8) inches thick,
increasing four (4) inches in thickness for each two stories or
fraction thereof below, excepting that gable walls shall not necessitate
an increase in wall thickness.
(d) Panel walls in skeleton construction must be of masonry
laid in cement mortar or masonry cement if approved and shall
be at least 8″ thick where the vertical distance between girders
does not exceed 10 ft. and shall be increased 4″ for each ten foot
or fraction thereof that the said vertical distance exceeds ten
foot.
Curtain walls must be of masonry laid in cement mortar or
masonry cement mortar if approved and shall be not less than
12″ thick, increased 4″ for every additional section of 3 stories
level, anchors spaced not more than 6 ft. apart horizontally.
(e) In all buildings except dwellings, frame buildings, and
skeleton construction, party walls and fire walls which serve as
bearing walls on both sides, shall be not less than sixteen (16)
inches thick in the upper two stories or upper thirty (30) feet,
increasing four (4) inches in thickness for each two stories or
fraction thereof below. All other fire walls shall be not less than
twelve (12) inches thick in the upper four stories for upper
fifty feet, increasing four (4) inches in thickness for each two
stories or fraction thereof below. Portland Cement Mortar or
approved Masonry Cement Mortar only shall be used in such
walls.
(f) Reinforced stone or gravel concrete walls, with the steel
reinforcement running both horizontally and vertically and weighing
not less than one-half (½) pound per square foot of wall,
may have a thickness four (4) inches less than that prescribed
for brick walls.
(g) Walls built of rubber stone shall be increased 1/3 in. in
thickness over that required for brick walls under similar conditions.
(h) All exterior and division walls over one story high, excepting
such walls that face on a street and are finished with
incombustible cornices, gutters, or crown mouldings, the walls
of detached dwellings with peaked or hipped roofs, shall extend
the full thickness of the top story to at least three foot above
the roof at all points, except that on dwellings the parapets may
be reduced to two foot and in all cases shall be properly coped.
This paragraph does not apply to division walls in fire proof
buildings.
(i) Hollow building blocks may be used for masonry walls
excepting party and fire walls and shall be of sufficient strength
to safely carry the loads imposed upon them. The specification
and method of computing this strength of hollow building blocks
shall be in accordance with the requirements established by the
National Board of Fire Underwriters.
(j) All walls and partitions in schools, hospitals and places of
public assemblage, over one story high, and all walls and partitions
in theatres, shall hereafter be built of brick, stone, hollow
metal studding, or other equivalent incombustible construction.
Sec. 494(17). Concrete construction.
Concrete for reinforced concrete construction shall consist of
a wet mixture of one part of Portland Cement to not more than
six parts of aggregate, fine and coarse, in such proportions as
to produce the greatest density.
The quality of the materials, the design, and the construction
shall be in accordance with the best engineering practice.
Sec. 494(18). Steel construction.
Where structural steel is used in construction it shall be in accordance
with the latest regulation of the American Institute of
Steel Construction.
Sec. 494(19). Protection of ends of wooden beams.
The ends of all floor, ceiling, or roof beams, entering a party
or fire wall from opposite sides, shall be separated by at least
six (6) inches of solid masonry. Such separation may be obtained
by corbeling the wall, or staggering the beams, or the
beams may be supported by steel wall hangers, but no wall shall
be corbeled more than two (2) inches for this purpose. The
ends of the wooden beams which enter walls shall be cut to a
bevel to make them self-releasing.
Sec. 494(20). Protection of wall openings.
(a) If the opening be in a party or fire wall it shall have a
standard automatic fire door on each side of the wall. If an
opening in a fire wall is made to serve as an emergency exit, it
shall not exceed forty-eight (48) square feet in area, and a self-closing
door shall be substituted for one of the automatic fire
doors.
(b) Every building within the congested fire limits except
dwellings shall have standard fire doors and standard fire windows
on every exterior opening except when fronting on street
not less than 30 ft. wide or where no other building is or can be
built within 30 ft. of such opening and excepting show windows.
Where glass is used for such openings same shall be wired glass
of Fire Underwriters.
(c) Occupants of buildings shall close all exterior and interior
fire doors, fire shutters, and fire windows at the close of
business each day.
Sec. 494(21). Stairway and elevator shafts.
(a) In the buildings hereafter erected, except private dwellings,
which are used above the first floor for business purposes
or for public assemblage, or for any purpose whatever if over
two (2) stories high, the stair shafts shall be separately and
continuously enclosed by incombustible partitions. Elevator shafts
in all buildings hereafter erected shall be enclosed in the same
manner. The partitions shall be constructed of brick or other
fire-resistive material approved by the City Manager or other designated
official, and all mortar used in the construction shall be
Portland Cement mortar. No hollow partition shall be less than
six (6) inches thick, no brick partition less than eight (8) inches
thick. The stairways and landings shall be constructed entirely
of fireproof material.
(b) All openings in elevator, stair, or other shaft enclosures
shall be protected by self-closing fire doors, fire windows, fire
shutters or other approved self closing fireproof equipment.
(c) Doors opening into stairway shafts shall swing in the direction
of exit travel, shall be self-closing and shall be at least
thirty-six (36) inches wide.
(d) The enclosure walls for all elevator shafts shall extend
at least three (3) feet above the roof, and there shall be a sufficient
opening in the shaft above the roof line to provide for the
release of smoke or gases.
Sec. 494(22). Skylights over stairway and elevator
shafts.
Where a stairway, elevator or dumb waiter shaft extends
through the roof, if covered by a skylight, the skylight shall be
constructed with incombustible frame and sash, glazed with ordinary
thin glass, and shall be protected by a galvanized steel
wire screen with a mesh not exceeding one inch, and the wire
not smaller than No. 12 gauge. The screen shall have metal
Instead of a skylight, windows or doors with a total glass opening
of the size and construction as required of skylights, may be
placed in the side or sides of the shaft above the roof which is
farthest removed from a property line. The window shall have
incombustible frame and sash, and be glazed with thin glass.
Sec. 494(23). Fire escapes from buildings of three
stories and over.
It shall be the duty of the owner of every factory, workshop,
mill, saw-mill or place where the manufacture of goods of any
kind is carried on, hotel, school building, college, hospital, orphan
asylum, mercantile establishment and office building of over
three stories in height, or where as many as fifteen persons are
employed, lodged, entertained or instructed above the second
story of such building, then of three stories in height, and theaters
and public places of amusement, regardless of height, to
provide for the safe exit of the occupants thereof in case of
fire by the erection, construction and maintenance in good condition
of fire escapes of the most improved modern design and
of fireproof construction.
The owner or owners of any building upon which a fire escape
is erected shall keep the same in good repair and properly
painted.
(a) Location.—No fire escapes to buildings hereafter erected
shall be constructed over any sidewalk or street.
(b) Fire escapes in new or old buildings shall be easily accessible
from the inside of the building in which they are placed
by means of unobstructed corridors or passageways, and shall
in every case have the location approved by the building inspector.
All doors leading to fire escapes shall be labeled "Fire
Escapes" in letters three (3) inches high, plainly visible, and
shall be provided with locks not requiring keys.
All exterior fire escapes shall be constructed in accordance
with the latest regulations of the National Board of Fire Underwriters.
An exterior fire escape will not be required in fireproof buildings
where each story above the first has at least two means of
exit remote from each other, one of these opening to a street or
yard or other space deemed safe by the Building Inspector and
of sufficient area to accommodate all persons in the building.
Two means of exit remote from each other shall be provided
from each story of dwellings when over three stories in height.
Sec. 494(24). Floor lights.
Except in dwellings, all openings hereafter made in floors for
the transmission of light to floors below, shall be covered with
glass set in metal frames and bars. The glass shall be not less
than ¾ inch in thickness, and if any glass measures more than
sixteen (16) square inches there shall be a rigid wire mesh
either in the glass or under it.
Sec. 494(25). Roof covering.
(a) All buildings shall be covered with material equal to
class "C" as specified by the National Board of Fire Underwriters.
(b) If a wood shingle roof is damaged by a fire more than
50 per cent. the entire room shall be removed and replaced with
material equal to class "C", as specified by the National Board
of Fire Underwriters.
The City Manager shall have power to condemn and have removed
any wood shingle roof that in his opinion is in such a
deteriorated condition as to be excessively inflammable.
Sec. 494(26). Roof openings.
All openings in roofs for the admission of light or air other
than those provided for in subsection 22 of this section, shall
have incombustible frames and sash glazed with wired glass; or
ordinary glass may be used, if protected above and below by
galvanized steel wire screens with a mesh not exceeding one
inch, and the wire not smaller than No. 12 gauge. The top
screen shall be installed as specified in subsection 19 of this section.
Sec. 494(27). Exits required.
(a) The term "floor area" as used in this subsection shall
mean the entire floor space between exterior walls and fire walls.
(b) In every building hereafter erected, except in private
dwellings less than four stories, each floor area above the first
shall be provided with at least two means of egress remote from
each other, and if over two stories high, one egress from each
floor, which shall be enclosed stairway as provided by subsection
21, or a doorway in a fire wall leading to another floor area separately
provided with adequate stairs or other independent
means of exit. Such doorway serving as an emergency exit in
a fire wall shall be protected by an automatic and self-closing
fire door as specified in subsection 20. No portion of any floor
area shall be more than one hundred (100) feet from a place of
egress. Where two means of egress are required in this subsection,
one may be omitted if fireproof construction is used as
specified in subsection 21. Elevators shall not be considered as a
means of egress as specified in this subsection.
(c) Except in dwellings, no required stairway shall be less
than 44 inches wide, and the total width of exit doorways leading
therefrom shall at least be equal to the total width of the
stairways which they serve.
(d) The total width of stairway, interior and exterior, provided
for the occupancy of each floor and those above, shall be
not less than 44 inches for the first 50 persons, and 12 inches for
each additional 50 persons to be accommodated thereby. The stair
treads shall be not less than nine and one-half (9½) inches
wide, and the risers not more than seven and three-quarters
(7¾) inches high.
(e) Each school, hospital and theater, over one story high shall
have stairways constructed entirely of incombustible material,
and continuous from grade lines to the topmost story, provided
that this shall not apply for buildings used primarily for Sunday
School purposes without the congested fire limits.
(f) All exit doors in schools, hospitals, theaters, and other
places of public assemblage, shall open outward and all existing
structures of this class shall conform thereto.
(g) All stairways, fire escapes, elevator shafts, and similar
appurtenances which may hereafter be constructed which are
used or designed to be used in whole or in part, by the tenants
of any residential building or property within the A District as
defined by the Building Zone Map, as a regular or supplementary
egress during a conflagration, flood, panic or other disaster; shall
be wholly and entirely inclosed within the walls of the building.
This does not apply to entrances on the rear of buildings.
Sec. 494(28). Fire stops.
At each floor level in all buildings hereafter erected, all stud
walls, partitions, furring and spaces between joists where they
rest on division walls or partitions, shall be fire-stopped with incombustible
material in a manner to completely cut off communication
by fire through concealed spaces. Such fire-stopping shall
extend the full depth of the joists, and at least four (4) inches
above each floor level. Stair carriages shall be fire-stopped at
least once in the middle partition of each run.
Sec. 494(29). Areaways.
Areaways constructed under any street or alley shall not extend
into the same more than 50 per cent of the width of the
adjacent sidewalk, and in no case shall they extend a distance
greater than three feet beyond the lot line. Areaways must be
covered with transparent sidewalk lights or metal gratings capable
of sustaining a live load of not less than 200 pounds per
square foot, the open spaces between the bars or other members
shall not exceed 5/8 of an inch in width. In no case shall areaways
be constructed as a means of ingress or egress from the
building, nor for the transmittal of goods or other articles to or
from the building, but shall be used only for the admission of
light and air.
No permit for the construction of areaways shall be allowed
until a written agreement, as prescribed by the council, between
the City and the owner of the property has been executed. This
agreement shall stipulate that the present owner, and any future
owner, of the property shall construct and maintain the areaway
in a safe and proper condition, and that said owners shall
be liable for all damages and injuries caused by the construction,
maintenance or use of said areaways, and shall indemnify
and save harmless the City from all such damages and injuries.
It shall further stipulate that the areaways may be removed or
altered by the City at any time upon ten days' written notice to
of the Corporation Court of this City at the expense of the
owner.
Sec. 494(30). Dwelling houses—prohibited location.
No dwelling house or sleeping quarters shall be placed over,
or be connected directly with a stable, barn, haymow, public
garage, dry cleaning establishment, planning mill, carpenter shop,
paint shop or filling station.
Sec. 494(31). Frame buildings—construction.
(a) No frame building hereafter erected or altered shall exceed
two stories in height, except that private dwellings may
be three stories high.
(b) No frame building hereafter erected for any occupancy
other than grain elevators, coal elevators and pockets, ice houses,
exhibition buildings, and structures for temporary occupancy for
a specified period and then subject to special permission shall
cover a ground area exceeding the following:
One story building—7,500 sq. ft.
Two story building—5,000 sq. ft.
(c) In no case shall the extreme projection of a frame building
be erected within 5 feet of the side or rear lot line, nor within
10 feet of another building on the same lot, unless the space
between the studs on such side be filled solidly with not less
than 2½ inches of brick work or other equivalent incombustible
material, in which case said distances may be reduced to 3 feet.
(d) Rows of frame tenement houses are prohibited. Duplex or
double frame houses shall be permitted. In rows of tenements
constructed of brick or other similar material there shall be a
twelve inch fire wall between each two units.
(e) Buildings with wooden framework clad with sheet metal,
or veneered with brick, shall be classed as frame buildings.
(f) The maximum spacing for studding and joists shall be
sixteen inches on centers, that for rafters twenty-four inches.
Studding in external walls and all partitions of dwellings shall
be not less than standard two by fours (2 × 4) standing with
studs set the four inch way for thickness of walls. The exterior
of the framework of all dwellings shall be sheathed with
of built-up beams or girders, the splicing of members shall be
made over supports. In case of house to be weatherboarded
sheathing may be omitted if framework is sufficiently braced
against wind pressure.
Where the frame is properly cross-braced, sheathing may be
eliminated and wood laths embedded in asphaltic binder directly
connected to heavy felt roofing material may be applied directly
to the studding when stuccoed according to provisions elsewhere
outlined in this section. Such lathing material shall meet the approval
of the Building Inspector. Where wire or metal laths
are used on sheathing board there must be a furring strip ½″
thick placed not more than 16 inches on centers.
(g) All floors of wood construction in dwellings shall be constructed
of not less than two by eight (2 × 8) standard wood
joists. All joists and studding around openings such as doors
and windows shall be doubled. Openings more than four feet
wide in bearing partitions shall be trussed or framed over with
beams of ample size to carry the full load above. All headers
over four (4) feet in length that butt into trimmers shall be carried
on metal joist hangers or mortized and tenoned headers and
trimmers. There shall be at least one horizontal row of two by
four (2 × 4) pieces in each story to provide a fire stop closing off
the entire space between studding.
(h) The following schedule of joist sizes and spacings shall
be followed as a minimum for dwellings and tenements, assuming
a total load dead and live for 60 lbs. to a sq. ft. using seasoned
short leaf yellow pine lumber.
| Size or Equivalent | Distance on Centers | Distance between Bearings |
| 2″ × 8″ | 12″ | 14′ 0″ |
| 16″ | 12′ 8″ | |
| 3″ × 8″ | 12″ | 16′ 0″ |
| 16″ | 14′ 6″ | |
| 2″ × 10″ | 12″ | 17′ 6″ |
| 16″ | 15′ 9″ | |
| 3″ × 10″ | 12″ | 19′ 3″ |
| 16″ | 17′ 6″ | |
| 2″ × 12″ | 12″ | 20′ 0″ |
| 16″ | 18′ 0″ | |
| 3″ × 12″ | 12″ | 23′ 0″ |
| 16″ | 21′ 0″ | |
| 2″ × 14″ | 12″ | 23′ 8″ |
| 16″ | 21′ 6″ | |
| 2½″ × 14″ | 12″ | 25′ 6″ |
| 16″ | 23′ 0″ | |
| 3″ × 14″ | 12″ | 27′ 0″ |
| 16″ | 24′ 6″ |
Note: The construction of floors in all other buildings shall be
designed to carry the live loads as given in the following subsection:
I. Minimum live loads required.
In all buildings hereafter erected, altered or repaired (where
such alterations or repair, in the judgment of the building shall
require new floor construction), all floor construction shall be
constructed in accordance with the following table of minimum
live load requirements:
| Hotels (upper floors), apartment houses, dormitories, hospitals |
60 lbs. |
| Schools | 75 lbs. |
| Office buildings (ground floor), corridors, stairs and lobbies in all buildings of public nature |
90 lbs. |
| Assembly rooms, main floors of theatres, ball rooms, gymnasiums, or any rooms to be used for drilling, dancing, grandstands, ordinary stores for light stock |
120 lbs. |
| Warehouses and light manufacturing | 150 to 300 lbs. |
Special provision shall be made for heavy concentrated loads.
An addition of 50% shall be made for floors carrying, moving or
travelling machinery.
Sec. 494(32). Light and ventilation.
(a) In all buildings every sleeping room shall be provided with
a window or windows opening directly upon a street, yard, or
court, which windows or openings shall equal in area to at least
one-tenth of the floor area of the room.
(b) The windows of every sleeping room shall be arranged
to open to the extent of one-half their area.
(c) In every building every sleeping room shall be, for at
least two-thirds of its area, not less than seven (7) feet high
from the finished floor to the finished ceiling, and shall be not
less than seven (7) feet in width at its narrowest point, and
have an area of not less than seventy (70) square feet, except
that in hotels the area shall not be less than eighty (80) square
feet.
Sec. 494(33). Chimneys and fireplaces.
(a) Except as herein provided all chimneys in every building
hereafter erected, and all chimneys hereafter altered or rebuilt
shall be constructed of brick, stone, or concrete. No masonry
chimney shall have walls less than eight (8) inches thick unless
it be lined on the inside with well-burned terra cotta or fire clay
chimney tile set in Portland Cement Mortar in which case the
wall shall be not less than four (4) inches thick. The lining
shall be continuous from the bottom of the flue to its extreme
height. In concrete chimney an air space of not less than 1 inch
shall be left between the concrete and flue lining.
(b) No chimney shall be corbeled out more than eight (8)
inches from a brick wall, and such corbeling shall consist of at
least five courses of brick.
(c) All chimneys shall be capped with terra cotta, brick, stone,
concrete or cast iron.
(d) The smoke flue of every high pressure steam boiler and
every appliance producing a corresponding temperature in a flue,
if built of brick, stone, reinforced concrete or other approved
masonry, shall have walls not less than twelve (12) inches thick,
and the inside four (4) inches of such walls shall be fire brick,
laid in fire clay mortar, for a distance of at least twenty-five (25)
feet from the point where the smoke connection of the boiler enters
the flue.
(e) The top of, or any openings in, a chimney shall be at
least three feet above the nearest partition of the roof.
(f) No chimney in any building shall have wooden supports
of any kind. Supports shall be incombustible and shall rest upon
the ground of the foundation, on approved mortar stumps.
(g) All chimneys which are dangerous from any cause shall
be repaired and made safe or taken down.
(h) Metal smoke stacks may be permitted for boilers, furnaces,
and similar apparatus where large hot fires are used, provided
they may have a clearance from all combustible material
of not less than one-half the diameter of the stack, but not less
than fifteen (15) inches unless the combustible material be properly
guarded by loose-fitting metal shields, in which case the distance
shall not be less than 12 inches. Where such stack passes
through a roof, it shall be guarded by a galvanized iron ventilating
thimble extending from at least nine (9) inches below the
under side of the ceiling or roof beams, to at least nine (9)
inches above the roof, and the diameter of the ventilating thimble
shall be not less than thirty-six (36) inches greater than that
of the smoke stack.
(i) The fireback of every fireplace hereafter erected shall be
not less than eight (8) inches in thickness of solid brickwork,
nor less than twelve (12) inches of stone lined with firebrick.
When a grate is set in a fireplace a lining of firebrick at least
two (2) inches in thickness shall be added to the fireback; soapstone,
tile or cast iron may be used, if solidly backed with brick
or concrete.
(j) The walls of all incinerators connected with buildings
shall be not less than eight (8) inches thick, the inside four (4)
inches of which shall be constructed of standard well burned
firebrick.
(k) All flue holes when not in use shall be closed with tight-fitting
metal covers.
Sec. 494(34). Wooden beams separated from masonry
chimneys.
(a) No wooden beams or joists shall be placed within two
(2) inches of the outside face of chimney or flue, whether the
same be for smoke, air or any other purpose.
(b) No wooden furrying or studding shall be placed against
any chimney, the plastering shall be directly on the masonry, or
on metal lathing and furring.
(c) Woodwork fastened to plaster which is against the masonry
⅛ inch thick placed between the woodwork and the plaster.
Sec. 494(35). Smoke pipes.
(a) No smoke pipe shall be within six (6) inches of any woodwork,
or any wooden lath and plaster partition or ceiling.
(b) Where smoke pipes pass through a wooden lath and plaster
partition, they shall be guarded by galvanized iron ventilated
thimbles at least twelve (12) inches larger in diameter than the
pipes, or by galvanized iron thimbles built in at least eight (8)
inches of brick work or other incombustible material.
No smoke pipe shall pass through any floor or a roof having
wooden framework except as specified in section 494(33).
Sec. 494(36). Hot air pipes and registers.
(a) All heater pipes from hot air furnaces, where passing
through combustible partitions or floors, must be covered with
standard asbestos covering. Horizontal hot air pipes leading
from furnace shall be not less than six (6) inches from any
woodwork, unless the woodwork be covered with loose fitting tin
or metal plate, or the pipe be covered with at least ½ inch of
asbestos, or in which latter case the distance from the woodwork
may be reduced to not less than three (3) inches.
(b) No hot air pipe shall be placed in a wooden stud partition
or any wooden enclosure unless it be at least five (5) feet horizontal
distance from the furnace.
(c) Every hot air furnace shall have at least one register without
valve or louvres.
(d) A register box placed in the floor over a pipeless furnace
shall have an open space around it of not less than four (4)
inches on all sides, and be supported by an incombustible border.
(e) Hot air registers placed in any woodwork or combustible
floors shall be surrounded with borders of incombustible material
not less than two (2) inches wide, securely set in place.
(f) The register boxes shall be of metal, and be double; the
distance between the two shall be not less than 1 inch, or they
may be single if covered with asbestos not less than ⅛ inch in
thickness and if all woodwork within two (2) inches be covered
with tin.
(g) Cold air ducts for hot air furnaces shall be made of incombustible
material.
Sec. 494(37). Dry rooms.
(a) All dry rooms shall be constructed in accordance with the
latest regulation of the National Board of Fire Underwriters.
Sec. 494(38). Stoves and ranges.
(a) No kitchen range or stove in any building shall be placed
less than three (3) feet from any woodwork or wooden lath and
plaster partition, unless the woodwork or partition is properly
protected by metal shields; in which case the distance shall be not
less than twelve (12) inches. Metal shields shall be loosely attached,
thus preserving an air space behind them.
(b) Hotel and restaurant ranges shall be provided with a metal
hood, placed at least nine (9) inches below any wooden lath and
plaster or wooden ceiling, and have an individual pipe outlet connected
with a bent flue. The pipe shall be protected by at least
one inch of asbestos covering or its equivalent.
(c) Combustible floors under coal ranges and similar appliances
without legs, such as mentioned in subsection 39, in which
hot fires are maintained, shall rest upon six (6) inch foundations
built of incombustible materials supported within the thickness of
the floor framing. Such hearths shall extend at least twenty-four
inches in front and twelve (12) inches on the sides and back
of the range or similar heating appliance.
(d) All coal stoves or ranges, with legs, shall be set on incombustible
material which shall extend at least twelve (12) inches
in front.
Sec. 494(39). Furnaces and appliances.
(a) Any woodwork, wooden lath and plaster partition or ceiling
within four (4) feet of the sides or back, or six (6) feet
from the front of any heating boiler, furnace, bakery oven, coffee
roaster, fire heated candy kettle, laundry, stove or other similar
appliance shall be covered with metal to a height of at least four
(4) feet above the floor. This covering shall extend the full
length of the boiler, furnace, or heating appliance, and to at least
five (5) feet in front of it. Metal shields shall be loosely attached,
shall such combustible construction be permitted within two (2)
feet of the sides or back of the heating appliance, or five (5) feet
in front of same.
(b) No furnace, boiler, range or other heating appliance, shall
be placed against a wall furred with wood.
(c) Heating boilers shall be encased on sides and top by an incombustible
protective covering not less than 1½ inches thick.
Except that this shall not be necessary when approved by the
building inspector.
(d) In the installation of oil burning equipment requiring the
placing of storage tanks above the burner, the feed lines from
such storage tanks to burner shall be protected by an approved
anti-syphon valve.
Sec. 494(40). Open flame heating devices.
All gas, gasoline, oil or charcoal burning stoves or heating devices,
shall be placed on iron stands at least six (6) inches above
combustible supports, unless the burners are at least five (5)
inches above the base with metal guard plates four (4) inches
below the burners.
No open flame heating or lighting device shall be used in any
room where gasoline or other volatile inflammable fluids are
stored or handled.
Sec. 494(41). Gas connections.
Gas connections to stoves and similar heating devices shall be
made by rigid metal pipes. For small portable heating devices,
flexible metal or rubber tubing may be used when there is no
other shut off on the device.
Sec. 494(42). Vent flues.
Vent flues or ducts, for the removal of foul or vitiated air, in
which the temperature of the air cannot exceed that of the rooms,
shall be constructed of metal or other incombustible material, and
no such flue shall be used for any other purpose.
Sec. 494(43). Theatres.
No building shall be erected, altered or added to for the purpose
use by a motion picture show, unless it conforms to the latest
regulations of the National Board of Fire Underwriters.
Sec. 494(44). Safety of design.
All parts of every building shall be designed to safely carry
the loads to be imposed thereon, and shall in all other respects
conform to good engineering practice.
Sec. 494(45). Marquees overhanging streets — construction—use
and maintenance.
Any person, firm or corporation desiring to erect a marquee
overhanging any sidewalk, street, avenue or alley shall, before
any work is done on same, make application in writing to the City
Manager and receive a permit for such construction.
All applications must be signed by the property owner, and no
permit shall be issued by the City Manager as provided herein
until an inspection fee of $1.00 has been paid to the City Collector.
Marquees erected under the authority of this subsection shall
conform to the following requirements:
All marquees must be constructed entirely of metal except the
roof surface, or covering; and the ornaments. The roof may be
composed of wired glass, not less than one quarter inch (¼) in
thickness, and shall be protected by a wire screen approved by
the City Manager. All ornaments must be composed entirely
of metal glass, or other incombustible material, and when glass
ornaments are used they shall be of sufficient thickness to prevent
easy breakage.
All marquees shall be placed not less than nine feet (9) above
the sidewalk, street, avenue or alley and shall not project nearer
than within ten inches of the curb line. Adequate provisions
must be made for drainage so that no water will be allowed to
drip from marquees on the sidewalk or street. No marquees
shall be anchored, supported or braced to the wooden beams or
other wooden framework of a building, but must be securely
bolted through brick wall or steel frame of the building supported
by a sufficient number of chains, or other supports,
attached to the building as described above. Posts, pilasters or
In every case the safety of design and construction must be
approved by the building inspector.
All marquees must be lighted, only electric lights will be permitted,
all electric wiring must be in accordance with the latest,
regulations of the National Board of Fire Underwriters, for
electric wiring. There shall be at least one 25 watt light for
each 5 sq. ft., surface covered by the marquees, measurements
to be made upon its horizontal projection over the street.
All marquees shall be lighted from 30 minutes after sunset for
period of at least three hours every day except Sunday.
Sec. 494(46). Auto repair shops and public garages.
(a) Within the congested fire limits of the City no future
auto repair shop or public garage shall be located in a frame
building.
(b) All electrical wiring used in or about future buildings
for such shops or garages, whether within or without the fire
limits must be inclosed in accordance with the requirements of
the City Electrical Code.
(c) No building, either within or without the fire limits shall
be used for an auto repair shop or a public garage where the second
story is occupied for residential purposes.
(d) Any building used for the purposes specified without
the fire limits must be supported by ample masonry foundations,
and the floor of such building must be composed of non-combustible
material.
(e) No frame building used for either of the purposes specified
shall connect with another frame building.
(f) No auto repair shop or public garage shall be maintained
or conducted without a license therefor having been first obtained
from the Commissioner of the Revenue of the City, and
no such license shall be granted except on a certificate from the
City Manager that all the conditions of this section, except the
obtaining of such license, have been complied with by the applicant,
but in the event of the refusal of such certificate by the
City Manager, the applicant shall have the right of appeal to the
City Council from such refusal.
Sec. 494(47). Condemnation of buildings and structure
in dangerous condition.
Whenever the City Manager shall be informed that any building
or other structure in the City is in such condition as to endanger
the lives of the occupants or of persons passing in the
vicinity thereof, or to endanger other property adjacent thereto,
he shall immediately notify the City Engineer, who shall forthwith
proceed to make an examination of such building or structure,
and report to the City Manager his opinion of the same.
The City Engineer shall also, without waiting for notification
of the City Manager, make a like examination whenever so requested
by any citizen.
If the Engineer shall believe, after said examination, that such
building or structure is in such a condition or situation as to endanger
the lives of persons, or to endanger property adjacent
thereto, he shall forthwith so report to the City Manager.
On receipt of such report declaring the existence of such danger,
the City Manager shall give a written notice to the owner
of the property, or his agent, if he be a non-resident, or to his
guardian or committee, setting forth the existence of the dangerous
condition and making demand that said dangerous condition
be remedied. Upon failure of the person so notified to
comply with said demand, the City Manager shall cause a summons
to be issued, requiring the person so notified to appear before
the Civil and Police Justice, to show cause why such building
or structure should not be removed or put in a safe condition.
If after a hearing of the case it shall appear that the building
or structure is in such a condition or a situation as to endanger
the lives of persons, or to endanger other property adjacent thereto,
the Civil and Police Justice shall require such building or
structure to be removed or made safe within a reasonable time.
If such building or structure shall not be removed or made safe
within the time specified in the order, the Police Justice shall
summon such owner, or his agent if he be a non-resident, or his
guardian or committee, to show cause why such owner should
not be fined for his failure to comply with said order, and to
show cause why the building or structure should not be removed
or made safe at the expense of the owner thereof.
If at such hearing no sufficient cause be shown for failure to
comply with the said order, the owner of said building or structure
shall be fined not less than ten dollars, nor more than twenty-five
dollars for each day his failure to comply with such order
has continued, and the Police Justice may further require such
building or structure to be removed or made safe at the expense
of the owner thereof.
Sec. 494(48). Interpretation of this chapter.
The regulations of the National Board of Fire Underwriters
shall be the authority for interpreting the provisions of this
chapter where the language used is not absolutely clear.
Sec. 494(49). Building inspector authorized to enter
property or premises for purposes of inspection.
The Building Inspector, or his duly authorized representative,
is hereby authorized and empowered to enter upon any building
or premises in the City for the purpose of seeing that the laws,
rules and regulations in regard to construction are complied
with. Any person, firm or corporation preventing the Building
Inspector from entering any building or premises in the performance
of his official duties, or obstruct or hinder them in the performance
of such duties, shall be punished as provided in the
next subsection.
Sec. 494(50). Penalties.
Every violation of any of the provisions of this Chapter shall
be punished by a fine of not less than $5.00 nor more than $25.00
for each offense, each day such violation continues shall constitute
a separate offense and the owner of the property, on which
any work has been done or material has been furnished or used
in conflict with the provisions of this section, may after due notice,
be required by the Civil and Police Justice to cause such
work and material to be removed from the building or structure,
and from such order requiring such conformity or removal, an
appeal shall lie to the Corporation Court.
Sec. 495. Zoning.
To provide for the division of the municipal area of the City
of Charlottesville into zones or districts, and to regulate the
lines and other restrictions for such districts, and to provide
penalties for the violation of such provisions and restrictions.
WHEREAS, by an Act of the General Assembly of Virginia,
approved, March 18, 1926, (Chap. 197, Acts of 1926), for the
promotion of health, safety, morals, comfort, prosperity, or general
welfare of the general public, the council of any city or town
is authorized, by ordinance, to divide the area of the city or
town into one or more districts of such shape and area as may
be deemed best suited to carry out the purpose of said act, and
in such district or districts may establish set-back building lines,
regulate and restrict the location, erection, construction, reconstruction,
alteration, repair or use of buildings and other structures,
their height, area, and bulk, and percentage of lot to be
occupied by buildings or other structures, the size of yards,
courts and other open spaces, and the trade, industry, residence
and other specific uses of the premises in such district or districts,
the following regulations are prescribed.
Sec. 495(1). Districts
For the purpose of this section the City of Charlottesville is
hereby divided into six classes of districts as follows:
A Residence Districts.
A-1 Residence Districts.
B Business Districts.
B-1 Business Districts.
B-2 Business Districts.
C Industrial Districts.
The boundaries of each of these districts are hereby established
as shown on the map entitled, Building Zone Map of Charlottesville,
Va., dated June 17, 1929, as amended and signed by the
Mayor, City Manager and Clerk of the Council, which accompanies
and is hereby declared to be a part of this section. These district
boundary lines are intended generally to follow street or property
lines as they exist at the time of the passage of this section unless
such district boundary lines are referenced to some street
line by dimensions shown on the Building Zone Map.
Sec. 495(2). Definitions.
For the purposes of this section the following definitions are
established:
(1) An Accessory Building is a subordinate building on the
same lot with a main building whose use is incidental to that of
the main building.
(2) The Height of a Building is the vertical distance measured
from the level of the curb or established grade opposite the
middle of the front of the building to the highest point of the
roof surface if a flat roof; to the deck line of a mansard roof;
and to the mean height level between eaves and ridge of a gable,
hip or gambrel roof, if a building is built on the street line, and
if built back of the street line the distance shall be measured from
the level of ground at the middle of the front of the building,
provided, that where the ground level is made by filling such
ground level shall not be considered to be more than five (5)
feet above the level of the curb or established grade opposite the
middle of the front of the building.
(3) A Court is an open unoccupied space, other than a yard,
on the same lot with a building.
(4) An Enclosed Court is an open unoccupied space enclosed
on all sides by walls, or by walls and lot lines other than street
lines or public alley lines that are 10 feet or more in width.
(5) A Court opening on to a side yard shall be deemed an enclosed
court but may be considered as extending to the lot line.
(6) An Outer Court is an open unoccupied space enclosed on
three sides by walls, or by two walls and a lot line, and open on
to a street, an alley 10 feet or more in width, or on to a front or
rear yard.
(7) The Width of Court is the least horizontal dimension of
the Court.
(8) Lot: The land bounded by definite lines and occupied or
to be occupied by a building and its accessory buildings and including
the open spaces required under these regulations. A lot
may or may not be the land so recorded on the records of the
Clerk's Office of the Corporation Court.
(9) Depth of Lot: The depth of a lot is defined as the average
depth measured in the mean direction of the side lines from
to be not farther back than a line drawn parallel with the street
line, entirely on the lot, and not less than ten feet long; and in
the case of a through lot running from street to street the rear
line with respect to either street line shall be deemed to pass
through a point midway between the street lines.
(10) Width of Lot: The width of a lot is its mean width,
measured at right angles to its depth.
(11) A Corner Lot is any lot which occupies the interior
angle at the intersection of two street lines, which make an angle
of more than 45 degrees and less than 135 degrees with each
other, the owner of a corner lot having the privilege of specifying
which street lot line shall be deemed the front of the lot, and
being required when requesting a building permit, to specify
which lot line shall be deemed the front line.
(12) A street is any existing street, square, lane, alley or way
set aside as a right of way for street purposes.
Sec. 495(3). A residence district uses.
Within any A Residence District, as indicated on the Building
Zone Map, no lot, building or structure shall be used and no
building or structure shall be erected which is intended or designed
to be used, in whole or in part, for any industrial, manufacturing,
trade or commercial purpose or for any other than the
following specified purposes:
(1) Single detached residences for not more than two housekeeping
units.
(2) The keeping of boarders or lodgers by a resident family.
(3) The office of a resident member of a recognized profession.
(4) Customary home occupations, such as dressmaking, millinery,
hairdressing and manicuring, laundering, preserving and
home cooking, provided that such occupations shall be carried
on solely by resident occupants in the main building, and provided
that not more than the equivalent of the area of one floor
shall be used for such occupation and no display of products
made shall be visible from the street.
(5) Churches and other places of worship, including parish
houses and Sunday School Buildings.
(6) Schools, colleges, public libraries, public museums and
art galleries.
(7) Grounds for games or sports; country clubs; provided
any such use is not primarily for gain.
(8) Municipal recreational buildings, play-grounds, parks, athletic
fields and reservations.
(9) Hospitals and sanitariums not treating contagious diseases
and not for the care of epileptic or drug or liquor patients; charitable
institutions which are not of a correctional nature and
which are not intended for the care of insane or feebleminded
patients; all provided that the building or buildings be located
not less than 50 feet from any lot line other than a street line.
(10) Hospitals for contagious diseases, correctional institutions,
sanitariums or hospitals treating epileptic, drug and liquor
patients and asylums for the mentally diseased; all provided that
no building so used shall be within 200 feet of any lot line.
(11) Buildings which are used exclusively by the Federal,
State, County or City government for public purposes.
(12) Railroad passenger stations, including the usual accessory
services therein and required rights of way, not including switching,
freight or storage yards or trackage other than for passenger
purposes.
(13) Static transformer stations, transmission lines and
towers, and telephone exchanges; not including service or storage
yards or public business offices.
(14) Farms, truck-gardens, greenhouses, provided that no
greenhouse heating plant shall be operated within 20 feet of any
lot line.
(15) Small professional or announcement signs not over one
square foot in area if fixed flat to main wall of building; and
real estate signs not over six square feet in area, provided that
such sign is displayed behind the prevailing front building line
of that block, and further provided that the sign is used for advertising
only the premises upon which it is erected.
(16) Accessory uses and structures customarily incident to
any use permitted by this section, such as servant's quarters,
stables, or work shops, provided that none shall be conducted for
gain and that no accessory building shall be inhabited by other
the premises.
(17)-(a) Private garage to take care of not more than four
cars, on the same lot with the building, or within or attached to
the buildings to which it is accessory and in which no business or
industry is conducted, except the leasing of space for non-commercial
motor vehicles.
(b) Private garages as defined in paragraph (a) providing
space for six cars where all cars stored within are for the use of
the members of the family occupying the building to which it is
an accessory building.
Sec. 495(4). A-1 residence district uses.
Within any A-1 Residence District, as indicated in the Building
Zone Map, no lot, building or structure shall be used, and no
building or structure shall be erected which is intended or designed
to be used, in whole or in part, for any industrial, manufacturing,
trade or commercial purpose, or for any other than
the following purposes:
(1) Any use hereinbefore permitted in A Residence Districts.
(2) A detached or semi-detached residence for two families
or two housekeeping units.
(3) A residence for three or more families or housekeeping
units, or apartment houses.
(4) Dormitories, boarding houses, lodging houses and clubs;
including restaurants accessory to any of the foregoing.
(5) Hotels not catering to transient guests and not carrying
on any merchandising.
(6) Lodges and fraternal, social, recreational and community
center organizations, provided that any such establishment shall
not be conducted primarily for gain.
(7) Garages, only for the purpose of housing private automobiles
owned or operated by the tenants of any building permitted
in this subsection, providing no business is conducted other than
the leasing of space; will be permitted in the basement of such
building, or in the rear and adjacent thereto, or detached.
Sec. 495(5). B business district uses.
Within any B Business District, as indicated on the Building
building or structure shall be erected which is intended or designed
to be used, in whole or in part, except as specified in this
subsection for any industrial or manufacturing purpose or for
any other than the following specified purposes:
(1) Any use hereinbefore permitted in A Residence Districts
or A-1 Residence Districts.
(2) Retail stores, offices, banks, shoe repairing shops, barber
shops, pressing shops, confectioneries, studios, restaurants, theatres,
hand laundries, news stands, assembly halls, and shops for
custom work or the making of articles to be sold at retail on the
premises to the ultimate consumer; all provided that no wholesaling
or jobbing shall be carried on and that no merchandise shall
be carried other than that intended to be sold at retail on the
premises.
(3) Automobile filling stations provided there are no curb
pumps or any other obstruction on the sidewalk and provided
that the station be so arranged that sidewalk space and space between
street line and building line shall not be occupied by vehicles
while being served.
(4) Signs applicable to goods sold or services rendered on the
premises upon which they are displayed; provided that any such
signs shall be placed flat against the wall of the building, shall
project not more than three inches beyond the property line, and
shall not be over three feet in height; provided, further, that
there shall be not over two signs to any floor of a building and
that the total area in square feet of such signs shall not be greater
than the width of the building in feet multiplied by three.
Sec. 495(6). B-1 business district uses.
In any B-1 Business District as indicated on the Building Zone
Map, no lot, building or structure shall be used and no building
or structure shall be erected which is intended or designed to be
used, in whole or in part, except as specified in this subsection
for any industrial or manufacturing purpose or for any other
than the following specified purposes:
(1) Any use hereinbefore permitted in A Residence Districts,
A-1 Residence Districts or B Business Districts.
(2) Undertaking establishments, embalming of human bodies,
mortuaries, funeral parlors, and funeral homes.
(3) Hotels, steam laundries, dry cleaning.
(4) Billiard and pool tables and bowling alleys, public dance
halls, shooting galleries and similar forms of public amusement.
(5) Retail stores conducting incidental and secondary wholesale
departments, department stores conducting finishing, fitting
and light manufacturing operations, newspaper offices or printing
plants, and light manufacturing or processing operations creating
or likely to create neither smoke, noise, fumes, odor, nor dust
detrimental or likely to become detrimental to the health, safety,
or general welfare of the community and which are carried on in
connection with a merchandising business conducted on the same
premises; all provided that not over 10 horsepower in electric
motive power for each 5000 square feet of lot area occupied by
the building is used.
(6) Public garages conducting repair shops using not more
than a total of 10 horsepower in electric motive power for each
5000 square feet of lot area occupied by the building, provided
no such garage shall have an entrance or exit nearer than 50 feet
to the center line of an intersection street which separates a B-1
Business District from any A or A-1 Residence District.
(7) Any structure used as a billboard or advertising signboard,
erected on the ground, provided any such structure shall
not be nearer the street line than the height of such billboard.
Sec. 495(7). B-2 business districts.
In any B-2 Business District as indicated on the Building
Zone Map, no lot, building or structure shall be used and no
building or structure shall be erected which is intended or designed
to be used, in whole or in part, except as specified in the
subsection for any industrial or manufacturing purpose or for
any other than the following specified purposes:
(1) Any use hereinbefore permitted in A Residence, A-1
Residence, B Business or B-1 Business Districts.
(2) Public utility, service and storage yards, storage warehouses
and yards and railroad yards.
(3) Wholesale and jobbing establishments, cold storage plants,
printing plants, bottling shops, bakeries, coffee roasting, the
hospitals, carpet or rug cleaning, cleaning and dyeing, plumbing,
gas, steam or hot water fitting shop and light manufacturing
or processing, all without limit as to production provided that no
operations are carried on, or are likely to be carried on, which will
create or are likely to create, conditions of smoke, fumes, noise,
odor, or dust which will be detrimental to the health, safety, or
general welfare of the community.
Sec. 495(8). C industrial districts.
Within any C Industrial District, no lot, building or structure
shall be used and no building or structure shall be erected which
is intended or designed to be used, in whole or in part, for any
of the following specified purposes:
(1) Slaughter house, except for poultry and incidental to a
retail store; stockyard; starch, glucose or dextrine manufacture;
horn processing; shell processing; except from cleaned shells;
the curing, tanning or dressing of raw or green salted hides or
skins.
(2) Fertilizer manufacture from organic material, or the
compounding of such fertilizers on a commercial scale; the preparation
on other than an incidental scale of exterminators, disinfectants,
cattle dips, insecticides or serums.
(3) Bleaching powder, ammonia or chlorine manufacture.
(4) Coal tar manufacture or tar distillation except as by products
or as incidental to the manufacture of gas for public distribution;
the manufacture of tar or asphalt roofing or waterproofing;
the distillation of wood or bone.
(5) Emory cloth or sand paper manufacture.
(6) Manufacture of lime, gypsum, plaster of Paris, lithopone,
linseed oil, linoleum, oiled cloth or oiled clothing, or the impregnation
of inflammable fabrics by oxidizing oils.
(7) Turpentine, varnish or shellac manufacturing or refinishing.
(8) Gas storage in quantity exceeding 500,000 cubic feet
within 100 feet of any party lot line; or in quantity exceeding
200 cubic feet if the pressure is greater than 100 pounds per
square inch, within 50 feet of any party line.
(9) Oil storage in quantity exceeding 10,000 gallons above
exceeding 100,000 gallons above the ground unless containers
are surrounded by adequate moats.
(10) Soap, soda ash, caustic soda or washing compound manufacture.
(11) Smelting of copper, tin, zinc, or aluminum ores.
(12) Fat rendering; the preparation or refining of tallow,
grease or lard; the manufacture of candles from animal fats;
glue or size manufacture or processes involving recovery from
fish or animal offal; potash manufacture; petroleum refining;
and creosote manufacture or treatment.
(13) Celluloid or pyroxyline manufacture or processing; the
manufacture of explosive or highly inflammable cellulose products
or of acetylene gas on a commercial scale; manufacture of
matches, fireworks or explosives; nitrating process; the loading
of explosives or their storage in bulk.
(14) Sulphurous, sulphuric, nitric, picric or hydrochloric or
other corrosive or offensive acid manufacture, or their use or
storage except on a limited scale as accessory to a permitted industry.
(15) Any other use or purpose which will create or is likely
to create conditions of smoke, fumes, noise, odors, or dust detrimental
to the health, safety, or general welfare of the community.
Sec. 495(9). Heights of buildings.
(1) In any A Residence, A-1 Residence, or B Business District
no building or structure shall exceed forty feet in height,
nor shall consist of more than three stories, except that a public
or semi-public building such as a church or other place of worship,
school, library, hospital or club may be erected to not more
than 60 feet in height, provided that the portion of such building
more than 40 feet high shall set back from all required front,
side and rear yards, one foot for each two feet of such additional
height.
(2) The provisions of this subsection shall not apply to church
spires, belfries, cupolas, domes, monuments, water towers, chimneys,
flues, flag poles, or radio poles, nor to parapet walls extending
building on which it rests.
(3) In any B-1 Business, B-2 Business, or C Industrial District
a building may be erected to any height, provided that the
portion of the building in excess of one and two-third times the
width of the street on which it fronts shall be governed by the
following regulations: for each foot such building or portion
thereof is set back from any street, lot or required yard or court
line, such building or portion thereof, may be erected two feet in
height, provided that no street shall for this purpose be considered
to be less than 40 feet nor more than 66 feet in width.
Provided, however, that the provisions of this subsection shall
not apply to bulkheads, elevator pent houses, water tanks, monitors
or similar structures, provided such structures shall not have
an aggregate area greater than 25% of the ground floor area.
And provided further the provisions of this subsection shall not
prevent the erection of towers occupying not more than 25% of
the ground floor area and distant not less than 25 feet in all
parts from any lot line not a street line.
Sec. 495(10). Set back building lines.
(1) In any A or A-1 Residence District no building shall be
erected, reconstructed or altered nearer to the street line on which
it faces than the average setback observed by the building on the
same side of the street and fronting thereon, within the same
block at the time of the passage of this Code.
(2) The side line of a building on a corner lot shall not be a
factor in establishing the setback line.
(3) Provided that no building shall be required to set back
from the street a distance greater than the setback line observed
by that one of two existing buildings on the immediate adjoining
lots on either side, which is the further removed from the street
line.
(4) Provided further that in no case shall the required setback
be more than 60 feet.
(5) Where there are buildings on only one side of a street
within the block at the time of the passage of this Code, the setback
line for the unoccupied side shall be same as that established
on the occupied side as hereinbefore provided.
(6) Where there is no building on either side of the street
within a block at the time of the passage of this Code, the setback
line shall not be less than 30 feet in an A Residence District,
nor less than 20 feet in an A-1 Residence District.
(7) Uncovered porches or covered but not enclosed porches
may project not more than ten feet beyond the front wall of the
building into a required front yard in an A Residence and not
more than eight feet in an A-1 Residence District.
(8) Paragraphs 5 and 6 of this section shall not apply to lots
having a depth of less than 100 feet, which have been platted
prior to the passage of this Code, but the setback line for such
lots shall be not less than 15 feet.
(9) In any B Business District which within a block is adjacent
on one or more sides to any A or A-1 Residence District
the setback line shall be established respectively as provided herein
for A or A-1 Residence Districts. Otherwise no setback line
shall be required in any B Business District.
(10) In any B-1 Business, B-2 Business or C Industrial District
no setback line shall be required.
Sec. 495(11). Rear yards.
(1) In any A Residence District a rear yard not less than 15
feet deep shall be required on every lot and every such yard shall
extend from the rearmost portion of the building or structure,
exclusive of unenclosed porches, to the rear line of the lot and
be the full width of the lot between side lines, provided that if
the depth of the lot is greater than 75 feet the required depth of
the rear yard shall be increased by an amount equal to one-third
of the excess depth over 75 feet, provided further that no rear
yard shall hereby be required to be more than 45 feet deep.
(2) In any A-1 Residence District or B Business District a
rear yard not less than 10 feet deep shall be required on every
lot and every such yard shall extend from the rearmost portion
of the building or structure, exclusive of unenclosed porches, to
the rear line of the lot and be the full width of the lot between
side lines, provided that if the depth of the lot is greater than 75
feet the required depth of the rear yard shall be increased by an
amount equal to one-fourth of the excess depth over 75 feet,
be more than 35 feet deep.
Sec. 495(12). Side yards.
(1) In any A or A-1 Residence District there shall be a side
yard on each side of every lot and the width of such side yard
for each side of said lot shall be not less than five (5) feet.
(2) Exceptions to Paragraph (1).—For lots less than forty
(40) feet in width, existing at the time of passage of this Code,
no such side yard shall be less than three (3) feet in width.
In A-1 Residence Districts, when semi-detached houses are
built with a party wall on the dividing lot line, the side yard requirement
along the other lot line shall be two-thirds of the sum
of the two side yards required for a detached house.
(3) In any B, B-1, B-2 Business District or C Industrial District
if a building to be erected is intended or designed to be used
entirely for residential purposes, the side yard requirement shall
be the same as hereinbefore provided for in A or A-1 Residence
Districts.
(4) In any B, B-1, B-2 Business District or C Industrial District
along any boundary line between such districts and A or A-1
Residence Districts, such boundary line being not a street line,
if the building or structure to be erected is intended or designed
to be used in whole or in part for any industrial manufacturing
trade or commercial purpose, a side yard shall be required which
shall be ten percent of the lot width, provided that no such side
yard shall be less than three (3) feet in width and shall not be
required to be more than ten (10) feet in width.
(5) Side yards shall not be required in any B, B-1, B-2 Business
District or C Industrial District except as provided for in
this subsection and in subsection 14.
Sec. 495(13). Courts.
(1) When a window in any A or A-1 Residence District in
any room except a storage room, bath room or clothes closet does
not open on a street, alley, side or rear yard as required in this
section; it shall open on a court conforming with the provisions
hereinafter contained in this subsection. The court need not extend
below the lowest story it is required to serve.
(2) In any A or A-1 Residence District no accessory building
shall be located within any required court.
(3) Within the limits of any outer court, no fence nor wall
more than 50 percent solid shall be more than four feet high.
(4) In any A or A-1 Residence District the minimum widths
of courts at the levels of the lowest window sill of the story
served by such court shall be as follows:
| No. of stories above the lowest level served by the Court |
Width of Outer Court |
Width of Enclosed Court |
| 1 | 4 ft. | 6 ft. |
| 2 | 6 ft. | 10 ft. |
| 3 | 8 ft. | 14 ft. |
| For each story over three, if permitted, add |
2 ft. | 4 ft. |
(5) In no case shall an outer court be less than two inches
wide for each foot of building length from the enclosed end.
(6) The length of an enclosed court shall be at least twice the
required width of the court or such court shall have an area
equivalent to the product of the said required dimensions.
(7) In B, B-1, B-2 Business Districts and C Industrial Districts
no courts shall be required except as provided in subsection
14.
Sec. 495(14). Exceptions and regulations in various
districts.
(1) Except as specified in this subsection, yards and courts
required by this section shall be open, unobstructed to the sky.
(2) Cornices and eaves may project not to exceed three feet
over any minimum required yard. Provided that any such projection
shall not be less than two feet from any lot line.
(3) Sills, leaders, belt courses and similar ornamental features
may project six inches over any minimum yard or court.
An open fire balcony, fire escape or fire tower may project five
feet over any yard.
(4) A bay window, oriel or balcony which is not more than
ten (10) feet wide may project not more than three feet into
may extend into any side yard, provided it does not come nearer
the side lot line than three feet.
(5) In B-1, B-2 Business Districts, and C Industrial Districts,
a chimney, smokestack, flue or elevator shaft may project into
any rear yard, provided the horizontal section of the projection
does not exceed five square feet.
(6) The set back and yard requirements of this section
shall not apply to any necessary retaining wall, or to any fence
or wall which is less than five feet high and less than 60 percent
solid. Nothing herein shall prevent the construction of a
rear line fence or wall to a height not exceeding seven feet. The
provisions of this section shall not apply to terraces, steps and
uncovered porches which are not in any part more than three
feet above the floor level of the first story and not within five
feet of any party lot line.
(7) In A, A-1 Residential and B Business Districts a ground
story extension may project into a rear yard from the rear of
any building not more than ten (10) feet, provided it does not
extend within less than ten (10) feet of a rear lot line.
(8) Every room in which one or more persons live, sleep,
work, or congregate except storage rooms or other rooms where
the nature of the occupancy does not require direct light and air
from the outside shall have a total window area equal to or
greater than one-tenth of the floor area of the room. Such windows
shall open directly either upon a street or alley not less
than ten (10) feet in width or upon a rear yard, side yard, outer
court or enclosed court located upon the same lot and conforming
to the requirements prescribed for these by this section as to
minimum area and least dimensions.
In any B, B-1, B-2 Business or C Industrial District if such
rear yards, side yards, or courts be required, the courts shall
comply with the court regulations for A and A-1 Residence Districts
and if the building or structure to be erected is intended
or designed to be used in whole or in part for any industrial,
manufacturing, trade or commercial purpose, the rear yards or
side yards shall be not less than two (2) inches wide for each
foot of building height over fifteen (15) feet, but in no case
yards and five (5) feet for rear yards.
(9) No lot or plot shall hereafter be so reduced in area as to
cause any open space required by this section to be less in any
dimension than is herein required for the district and lot in question.
(10) No lot shall contain any building used as a residence
unless such lot abuts on at least one street or unless there is a
perpetual unobstructed easement of access at least fifteen (15)
feet wide to such a street.
Sec. 495(15). Accessory buildings.
(1) Accessory buildings permitted by this section shall be
placed in rear yards only. The aggregate ground area covered
by accessory buildings, including the ground area covered by
any projections or encroachments hereinbefore permitted, shall
not exceed 30 percent of the rear yard area in A Residence Districts
and 40 percent in A-1 Districts. In B, B-1, and B-2 Business
and C Industrial Districts, where a ground level rear yard
is required, the aggregate ground area coverage shall not exceed
50 percent of the rear yard area.
(2) No accessory building in any A or A-1 Residence District
or B Business District which is within ten (10) feet of any
party lot line, shall be more than one story high. No accessory
building shall exceed thirty-five (35) feet in height. No accessory
building which is not of fire-proof construction shall be
within less than three feet of any party lot line in any A or A-1
Residence District; except that this shall not prevent the erection
or completion of a common garage across their joint lot line
by adjoining property owners.
(3) Within the limitations hereinbefore recited in this subsection
any accessory building on a corner lot in A or A-1 Districts
shall be distant as far as possible from all street lines, excepting
that this shall not require the distance from any street
line to exceed thirty (30) feet; but when the rear of any corner
lot abuts any lot facing on a street which is a side street with
reference to said corner lot, any accessory building on the corner
lot shall not be built nearer the rear line of the corner lot than
six percent of the depth of the corner lot.
Sec. 495(16). Interpretation and purposes.
In their interpretation and application, the provisions of this
section shall be held to be minimum requirements adopted for
the promotion of health, safety, morals, comfort, prosperity, or
general welfare of the public. It is not intended by this section to
repeal, abrogate, annul or in any way to impair or interfere with
any existing provision of law or ordinance, or any rules, regulations
or permits previously adopted or issued or which shall be
adopted or issued pursuant to law relating to the use or construction
of buildings or premises; provided, however, that where
this section imposes a greater restriction upon the use of buildings
or premises or upon heights of buildings, or requires larger
yards, courts or other open spaces than are imposed or required
by such existing provisions of law or ordinance or by such rules,
regulations or permits, the provisions of this section shall control.
Sec. 495(17). General regulations.
Except as hereinafter provided for existing non-conforming uses
in subsection 18, no building, structure or premises shall be used
and no building or part thereof, or other structure shall be erected,
reconstructed, enlarged, or altered except in conformity with the
regulations prescribed by this section; except that nothing in
this section shall affect the height, set back building line, yards
or courts of any building or lot as such exists at the time of the
passage of this Code.
Sec. 495(18). Existing non-conforming uses.
(1) If, at the time of the enactment of this Code, any lot,
building or structure is being used in a character or manner or
for a purpose which does not conform to the provision of this
section, and which is not prohibited by some other section, such
character or manner of use or purpose may be continued, and
no change of title or possession or rights to possession of any
such lot, building or structure shall be construed to prevent the
continued non-conforming use of such lot, building or structure
as hereinbefore provided. Any such non-conforming use which
is not otherwise unlawful may be hereafter extended throughout
any part of a building or structure which was manifestly
this Code.
(2) No building, structure or premises in which a non-conforming
use is abandoned for a period exceeding two years or is
superseded by a permitted use, subsequent to the enactment of
this Code, shall again be devoted to prohibited use.
(3) Any non-conforming building or structure which is hereafter
damaged to an extent exceeding 50 percent of its then reproduction
value exclusive of foundations, by fire, flood, explosion,
earthquake, war, riot, storm or so-called act of God, may
not be restored, reconstructed and used for any other than a purpose
permitted under the provisions of this section governing
the district in which the building or structure is located.
(4) Nothing in this section shall prevent the strengthening or
restoration to a safe or lawful condition of any part of a building
or structure declared unsafe or unlawful by the Building Inspector,
the Chief of Fire Department, or any other duly authorized
City official.
(5) The occupancy of a building or premises by a watchman
or caretaker for sleeping quarters shall not constitute residence
occupancy within the meaning of this section.
Sec. 495(19). Enforcement.
(1) This section shall be enforced by the Building Inspector,
who shall in no case grant any permit for the construction or alteration
of any building if the building as proposed to be constructed
or altered would be in violation of any of the provisions
of this section. All applications for building permits shall be
accompanied by plans in duplicate, drawn to scale, showing the
actual shape and dimensions of the lot to be built upon, the exact
sizes and locations on the lot of the buildings and accessory
buildings then existing, and the lines within which the proposed
building or structure shall be erected or altered, the existing and
intended use of each building or part of a building, the number
of families or housekeeping units the building is designed to accommodate,
and such other information with regard to the lot
and neighboring lots as may be necessary to determine and provide
for the enforcement of this section. One copy of such plans
approved by the Building Inspector.
(2) It shall be unlawful to use or permit the use of any building
or premises or part thereof, hereafter created, erected,
changed, converted, altered or enlarged, wholly or partly, in its
use or structure, until a Certificate of Occupancy shall have been
issued therefor by the Building Inspector. Such Certificate shall
show that such building or premises or part thereof and the proposed
use thereof are in conformity with the provisions of this
section.
(3) Any persons who propose to construct or alter any building
or to make some use of a lot, building or structure of any
kind which proposed construction, alteration or use is apparently
in conflict with the provisions of this section shall file with
the Building Inspector his application therefor, which application
shall furnish such information to the Building Inspector as
may be necessary to enable him to pass on such application intelligently.
If such proposed structure, alteration or use is in
conflict with the provisions of this section, the Building Inspector
shall refuse a permit for such construction, alteration or use,
and from such decision of the Building Inspector an appeal shall
lie to the Board of Appeals.
(4) It is the intention of this section that all questions arising
in connection with the enforcement of the section shall be
presented first to the Building Inspector; that such questions
shall be presented to the Board of Appeals only on appeal from
the Building Inspector; and that from the decision of the Board
of Appeals recourse shall be had to the courts, as provided by
law. It is further the intention of the section that the duties of
the City Council in connection with the ordinance shall not include
the hearing and passing upon disputed questions that may
arise in connection with the enforcement thereof, but that the
procedure for determining such questions shall be as hereinbefore
set out in this section; and that the duties of the Council in
connection with this section shall be only the duty of considering
and passing upon any proposed amendment or repeal of this section
as provided by law.
Sec. 495(20). Violations and penalties.
Any person, firm, or corporation who violates any of the provisions
of this section, shall, upon conviction, be fined not less
than ten ($10.00) dollars, nor more than two hundred ($200.00)
dollars, for each offense, and each day such violation continues
shall constitute a separate offense. The Court, may, after due
notice, order conformity with the provisions of this section.
Sec. 495(21). Effect of invalidity of one subsection.
Should any subsection or provision of this section be decided
by the Courts to be unconstitutional or invalid, such decision shall
not effect the validity of the section as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
Sec. 495(22). Board of zoning appeals.
(a) A Board of Zoning Appeals is hereby established. It
shall consist of five (5) members to be appointed and exercise
such powers as provided by the laws of the State of Virginia.
(b) All petitions provided for in subsection 23(a) of this
section shall be in writing, signed by at least a majority of both
the property owners and residents who are within the area in
which the proposed change is requested. Said petition shall
specify the reasons for the proposed change, the change desired
in terms of districts, the names and addresses, as far as practicable,
of all property owners and residents within the area in which
the proposed change is requested, and shall specify clearly by
metes and bounds, or by courses and distances, or by plat and
survey attached thereto, the boundaries of the proposed area in
which the change is requested. Said petition, together with a
copy thereof, shall be presented to the Clerk of the Council, and
at the first succeeding meeting of the Council it shall be presented
to the Council for consideration, whereupon if the Council
deem it advisable, they shall name a Committee from their
own number, who shall investigate the advisability of having a
public hearing on the proposed change, and shall report their
findings at the next meeting of said Council. Upon said Council's
approval of a favorable report by said Committee, notice of
the proposed change shall be published in the newspaper at least
the time and place for the holding of a public hearing, on the
proposed change, the boundaries of the area which will be affected,
and the change proposed in terms of districts.
Whenever the Council shall order that notice of a public hearing
shall be given as hereinbefore provided for, it shall at the
same time refer a copy of the petition to the Board of Zoning
Appeals for report as is provided for by this subsection as is
heretofore prescribed for by this subsection.
Sec. 495(23). Amendment.
(a) The City Council may from time to time on its own motion
or on petition, after public notice and hearing, amend, supplement,
or change the regulations and districts herein established.
Every such proposed amendment, supplement or change shall be
referred by the Council to the Board of Zoning Appeals for report
before the above public hearing.
(b) Costs and Pay of Board.—In addition to the requirements
of the State Law relative to an appeal from a decision of the
Building Inspector to the Board of Zoning Appeals, every such
appellant, before delivering a Notice of Appeal to said Board,
shall deposit the sum of $10.00 as costs with the City Collector,
who shall note on said Notice that the deposit required has been
paid.
Should the decision of the Building Inspector on Appeal be
sustained by said Board, said deposit shall be paid into the City
Treasury, but should the decision of said Inspector be reversed,
in whole or in part, said deposit shall be returned to said appellant.
Each member of the Board of Zoning Appeals shall be allowed
a fee of $2.00 for each appeal considered and heard by such member,
which shall be paid by the City Treasurer upon presentation
of proper voucher, after being approved by the City Auditor.
Constitutionality of Code.
Sec. 496. Effect of portions of this code being declared
unconstitutional.
If any part or parts, sections or subsections, sentence, clause
such decision shall not effect the validity of the remaining
portions of this Code.
Sec. 497. Penalties—general.
Unless otherwise provided any violation of this Code shall be
subject to a fine of not less than $1.00 nor more than $25.00 for
each offense.
CHAPTER XLII.
Repeal and Enactment of Ordinances.
Sec. 498. Repeal of general ordinances in conflict herewith—saving
clause.
All the provisions of this Code shall be in force and effect on
and after the 15th day of July, 1932, and all ordinances in
force at that time are hereby repealed from and after the said
date.
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 accruing before said date of the 15th day
of July, 1932; nor any ordinance or resolution promising or
guaranteeing the payment of money by the City or authorizing
the issue of any bonds of said City, or other evidence of said
City's indebtedness, or any contract or obligation assumed by
said City, nor shall said repeal affect the administrative ordinances
or resolutions of the Council not in conflict or inconsistent with
the preceding ordinances, nor the salaries of the officers or employees,
fixed by said ordinances or resolutions, nor shall it affect
any right or franchise conferred by any ordinance or resolution
of the Council to any person or corporation, nor shall it
affect the tax and license ordinances now or heretofore in force,
nor shall it affect any prosecution, suit or proceeding pending on
said date, except that the proceedings thereafter had shall conform
as far as practicable to the provisions of the foregoing ordinances.
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