University of Virginia Library

II. DIVISION II

The Code

II. An Ordinance Adopting a New Code of Ordinances for
the City of Charlottesville, Virginia.

Whereas there has been no general revision and recodification
of the ordinances of the City of Charlottesville since 1932; and

Whereas the City Council, on November 6, 1944, authorized a
general revision and recodification of the ordinances of the City
of Charlottesville of a general and permanent nature, to be published
by authority of the Council; and

Whereas such general revision and recodification of such ordinances
has been completed; therefore,

Be It Ordained by the Council of the City of
Charlottesville:

That the following chapters, namely, Chapters 1 to 33, both inclusive,
are adopted as general ordinances of the City of Charlottesville.

CHAPTER 1.

General Provisions.

                     

§ 1.	How code designated and cited.
§ 2.	Rules of construction.
§ 3.	Constitutionality.
§ 4.	Catchlines of sections.
§ 5.	General penalty for violation of code.
§ 6.	Repeal of general ordinances in conflict herewith; saving clause.
§ 7.	Corporate seal.
§ 8.	Same—Custodian.
§ 9.	Execution of deeds, contracts, etc.
§ 10.	Designation and boundaries of wards.
§ 11.	Election districts; voting places.

Sec. 1. How code designated and cited.

The ordinances embraced in the following chapters and sections
shall constitute and be designated "The Code of the City of
Charlottesville, 1945," and may be so cited. Said code may also
be cited as "Charlottesville City Code of 1945."

Sec. 2. Rules of construction.

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

City. The word "city" shall be construed as if the words "of
Charlottesville" followed it.

Computation of time. Whenever a notice is required to be
given or an act to be done, a certain length of time before any proceeding
shall be had, the day on which such notice is given, or such
act is done, shall be counted in computing the time, but the day on
which such proceeding is to be had shall not be counted.

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

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

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

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

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

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

Person. The word "person" shall extend and be applied to associations,

firms, partnerships and bodies politic and corporate as
well as to individuals.

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

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

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

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

"The corporation" or "the city" shall be construed to mean "the
corporation of the City of Charlottesville."

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

Other words. The rules for the "construction of statutes" as
given in the Code of Virginia shall govern, so far as applicable,
the construction of all other words not defined in this section.

Sec. 3. Constitutionality.

If any part or parts, section or subsection, sentence, clause or
phrase of this code is for any reason declared to be unconstitutional
or invalid, such decision shall not affect the validity of the
remaining portions of this code.

Sec. 4. Catchlines of sections.

The catchlines of the several sections of this code printed in
boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of
such sections, nor as any part of the section, nor, unless expressly
so provided, shall they be so deemed when any of such sections,
including the catchlines, are amended or reënacted.

Sec. 5. General penalty for violation of code.

Any person violating any chapter or section of this code in
which no specific penalty is provided shall be punished by a fine
not exceeding two hundred dollars or imprisonment not exceeding
two months, or both.

Sec. 6. 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 1st day of May, 1945, 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 1st day of May, 1945;
nor any ordinance or resolution promising or guaranteeing the payment
of money by the city or authorizing the issue of 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 provisions of this code, 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
this code.

Sec. 7. Corporate seal.

The corporate seal of the city shall be a design within a circle,
one and three-quarter inches in diameter, with the word "VIRGINIA"
across the face; in the exergue this inscription "CITY
OF CHARLOTTESVILLE," and all of 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
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. (Code 1932, § 33.)

Sec. 8. Same—Custodian.

The clerk of council shall be the custodian of the corporate seal
of the city, and shall affix it to such papers or documents as he may
be required to affix it by any ordinance or resolution of the
council. (Id., § 34.)

Sec. 9. Execution of deeds, contracts, etc.

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

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

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

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

All other contracts shall be signed by the city manager. (Id.,
§ 137.)

Sec. 10. Designation and boundaries of wards.

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

(1) First ward. The first ward shall embrace all territory lying
east of the following line: Beginning at the intersection of the
center line of Main and Fifth Streets, East; thence southwardly
along the center line of Fifth Street, East, and with said line projected
in the same course to the southern corporate limits; thence
back to the aforesaid beginning point and along the center line of
Main Street, East, to its intersection with the center line of Fourth
Street, East; thence northwardly along the center line of Fourth

Street, N. E., and with said line projected in the same course to the
northern corporate limits.

(2) Second ward. The second ward shall embrace all the territory
lying north of the center line of Main Street and west of the
first ward as defined above and east and north of the following
line: Beginning at the intersection of the center lines of Main
Street and Tenth Street, N. W.; thence with the center line of
Tenth Street, N. W., and with said line projected in a northerly
direction to the corporate limits as they existed prior to January
1st, 1939; thence westwardly with said old corporate line to the
center line of Rugby Road; thence northwardly with the center
line of Rugby Road to Barracks Road; thence with the center line
of Barracks Road to the present city limits.

(3) Third ward. The third ward shall embrace all territory
lying south of Main Street and west of the first ward defined
above, and east and south of a line extending from the center line
of Main Street southwardly along the center of Ninth Street to its
intersection with the center line of the main line of the Southern
Railroad, thence with said railroad center line westwardly to the
corporate limits.

(4) Fourth ward. The 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. (Id., § 138; Ord. Mar. 16, 1939.)

Sec. 11. Election districts; 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 continued unless and until changed by the council,
but no change shall be made in any voting place within thirty days
next preceding any general election. (Code 1932, § 139.)

CHAPTER 2.

Administration.

Article I. Council.

Part 1. In General.

                                     

§ 1.	Powers, duties and responsibilities generally.
§ 2.	Members—Election; term.
§ 3.	Same—Compensation.
§ 4.	Same—Oaths of office, etc.
§ 5.	Meetings for organization.
§ 6.	Election of president and vice-president; president pro tempore; powers and duties generally.
§ 7.	Meetings—Regular meetings.
§ 8.	Same—Special meetings; calling; business transacted.
§ 9.	Same—To be open; exception.
§ 10.	Quorum.
§ 11.	Same—Absence of quorum; compelling attendance of absent members.
§ 12.	Punishing and expelling members.
§ 13.	Vacancies in office of mayor or councilman.
§ 14.	Disqualification of members for certain offices.
§ 15.	Appointment of committees.
§ 16.	Finance committee; powers and duties.
§ 17.	Witnesses before council, etc.; production of books and papers.
§ 18.	Annual and special appropriations.
§ 19.	Annual budget and levy.

Part 2. Rules of Order and Procedure.

                                                               

§ 20.	Adoption and suspension.
§ 21.	Parliamentary rules; exceptions.
§ 22.	Duties of presiding officer.
§ 23.	President to decide questions of order; appeal of decision.
§ 24.	President to state questions and declare results.
§ 25.	Members—Withdrawing without leave.
§ 26.	Same—Conduct in addressing body.
§ 27.	Same—Order of recognition by the president.
§ 28.	Same—Number and length of speeches.
§ 29.	Same—How called to order.
§ 30.	Same—Conduct while sitting.
§ 31.	Non-members addressing council.
§ 32.	Communications to be in writing.
§ 33.	Motions, etc.—To be in writing; stating before discussing; withdrawing.
§ 34.	Same—Admitting under color of amendment.
§ 35.	Same—Order of procedure.
§ 36.	Same—To reconsider.
§ 37.	Same—When motion to adjourn in order.
§ 38.	Previous question—Motion for.
§ 39.	Same—How put.
§ 40.	Majority vote to govern unless otherwise provided.
§ 41.	Aye and no vote.
§ 42.	Dissent may be recorded.
§ 43.	Committees—Reports—When made.
§ 44.	Same—Same—Form.
§ 45.	Same—Meetings; chairman; quorum.
§ 46.	Calendar of unfinished business.
§ 47.	General order of business.
§ 48.	Special order of business.
§ 49.	Reconsidering or rescinding vote at special meetings.
§ 50.	Voting at elections.
§ 51.	Members failing to vote; disqualifications.

Part 3. Ordinances, Resolutions, etc.

                     

§ 52.	Style of ordinances and resolutions.
§ 53.	Procedure in enacting general ordinances.
§ 54.	To be in writing.
§ 55.	Repealing and amending ordinances.
§ 56.	Filling blanks in certain ordinances.
§ 57.	Effective date.
§ 58.	Appropriating money and imposing taxes, etc.
§ 59.	Appropriating money in excess of annual appropriation.
§ 60.	Appropriating money for improvements outside city.
§ 61.	Granting aid to various associations, etc.
§ 62.	Disposition of public property; granting franchise.

Part 4. Clerk of Council.

           

§ 63.	Election; duties generally.
§ 64.	Keeping of books and documents; inspection and exhibition.
§ 65.	Furnishing officers with ordinances and resolutions; notifying certain persons of action by council.
§ 66.	Keeping calendar of petitions, etc., presented to council.
§ 67.	Keeping minute book and ordinance book; ordinances passed subsequent to adoption of code.
§ 68.	Giving notice of hearings on budget; publishing synopsis.

Article II. Mayor.

         

§ 69.	Powers and duties generally.
§ 70.	Suspension or removal of subordinate officers.
§ 71.	Prohibiting certain theatrical performances.
§ 72.	Removal from office.
§ 73.	Vacancies.

Article III. City Manager.

             

§ 74.	Election; term; compensation; removal.
§ 75.	Powers and duties generally.
§ 76.	Creation, consolidation and abolition of departments.
§ 77.	Custody of city property.
§ 78.	Insuring city buildings.
§ 79.	Preparing and keeping maps and records.
§ 80.	Inspection of poles carrying wire; defective and dangerous poles.

Article IV. City Treasurer.

Part 1. In General.

                           

§ 81.	Election; term; oath.
§ 82.	Office.
§ 83.	Compensation.
§ 84.	Custodian of funds.
§ 85.	Custodian of bonds, notes, etc.
§ 86.	Books, stationery and equipment.
§ 87.	Record of receipts and disbursements.
§ 88.	Manner of making disbursements.
§ 89.	Records, etc., open to inspection by certain persons.
§ 90.	Placing funds on certificates of deposit, etc.
§ 91.	City depositories.
§ 92.	Receipt and disbursement of school funds.
§ 93.	Daily reports.
§ 94.	Withholding wages of officers and employees.

Part 2. Collection of Taxes, etc.

                                 

§ 95.	Duty of treasurer.
§ 96.	Mailing bills to taxpayers.
§ 97.	Tax tickets.
§ 98.	Right of distress, levy and garnishment.
§ 99.	Sale after levy or distraint.
§ 100.	When taxes due.
§ 101.	Penalties.
§ 102.	Calling on persons failing to pay taxes; collection by distress, etc.
§ 103.	Persons about to leave city.
§ 104.	Lists of uncollectible taxes and delinquents.
§ 105.	Same—To speak as of June thirtieth; form; oath.
§ 106.	Same—Submitting to council; allowance of credit to treasurer, etc.
§ 107.	Same—Advertising lists of delinquent real estate and personal property taxes.
§ 108.	Same—Transmitting list of delinquent lands to clerk of corporation court; recordation; reports of collections.
§ 109.	Continuing collection of delinquent taxes for one year.
§ 110.	Resubmission of lists to council; subsequent collections.
§ 111.	Sale of delinquent lands.

Article V. Director of Finance.

                       

§ 112.	Election; term.
§ 113.	Powers and duties generally.
§ 114.	Keeping books, etc.; making suggestions to council; reports.
§ 115.	Employees of director.
§ 116.	Collection of revenues; keeping accounts; delivering moneys to treasurer.
§ 117.	Collection of gas and water bills; list of delinquents; cutting off supply.
§ 118.	Monthly reports of receipts and disbursements.
§ 119.	Quarterly reports; publishing.
§ 120.	Annual reports.
§ 121.	Examination of claims; drawing of warrants, etc.
§ 122.	Drawing warrants for salaries and wages; checks to employees; deductions.
§ 123.	Fixing payday.

Article VI. City Attorney.

             

§ 124.	Election; qualification; term.
§ 125.	Powers and duties generally.
§ 126.	Accounting for and paying over city funds.
§ 127.	Reporting to council on condition of civil cases.
§ 128.	Attending meetings of council and committees.
§ 129.	Drafting resolutions and ordinances; inspection of journal and ordinance book.
§ 130.	Salary to be in full compensation for services; traveling expenses.

Article VII. City Purchasing Agent.

               

§ 131.	Election; term.
§ 132.	Powers and duties generally.
§ 133.	Purchases made only upon agent's order; exception.
§ 134.	Requisitions for supplies; forms; approval.
§ 135.	Sufficient appropriation necessary to furnishing supplies.
§ 136.	Bids for purchases in excess of one hundred dollars; specifications to bidders.
§ 137.	Sales of material and personal property.
§ 138.	Signing contracts covering purchases and sales.

Article VIII. Attorney for the Commonwealth.

     

§ 139.	Term, duties and compensation generally.
§ 140.	Additional duties.
§ 141.	Calling upon city attorney for assistance.

Article IX. Commissioner of Revenue.

                             

§ 142.	Election; city assessor; vacancy in office; bond.
§ 143.	Compensation.
§ 144.	When to begin duties.
§ 145.	Duties generally; office; books and papers.
§ 146.	Books, forms, etc., to be used; city to furnish books, forms, stationery, etc.
§ 147.	Assessment of personal property—Listing governed by state law.
§ 148.	Same—Lists of valuations to be furnished by and returned to commissioner.
§ 149.	Same—Revaluation of property.
§ 150.	Same—Penalty for failure to make return; refusal to exhibit property.
§ 151.	State law followed as to land and personal property books.
§ 152.	Assessment when lot subdivided.
§ 153.	Licenses and license taxes—Assessing and issuing.
§ 154.	Same—Failure to pay when due; penalty.
§ 155.	Same—Commissioner to report delinquents to mayor.
§ 156.	Same—Mayor to cause delinquents to be summoned before court.

Article X. Sinking Fund Commission.

               

§ 157.	Members.
§ 158.	President and secretary; keeping journal; preserving books and papers.
§ 159.	City treasurer to keep account and be custodian of funds.
§ 160.	Setting apart sinking fund.
§ 161.	Investment of funds; redemption of city debts.
§ 162.	Annual report.
§ 163.	Disbursements.
§ 164.	Safety deposit box; who to be present when opened.

Article XI. Officers and Employees Generally.

                               

§ 165.	Officers elected by council; term; vacancies.
§ 166.	Authority of officers appointed by council.
§ 167.	Compensation fixed by council; traveling expenses; officers in arrears or default.
§ 168.	Appointment of substitute during inability to serve.
§ 169.	Removal by mayor or council.
§ 170.	Salary of suspended officers.
§ 171.	Superintendents of departments—Absence from city.
§ 172.	Same—Vacations.
§ 173.	Bonds—Amount.
§ 174.	Same—Guaranty companies.
§ 175.	Same—Paid for by city.
§ 176.	Same—Failure to give.
§ 177.	Same—Report by finance committee; bonds filed with clerk of council.
§ 178.	Officers appointed by city manager.
§ 179.	Same—Duties generally.
§ 180.	Reports to city manager.

Article I. Council.

Part 1. In General.

Sec. 1. Powers, duties and responsibilities generally.

In addition to the powers, duties and responsibilities set out in
this article, 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. (Code 1932,
§ 26.)

Sec. 2. Members—Election; term.

The council of the city 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. (Id., § 1.)

Sec. 3. Same—Compensation.

Each member of the council shall receive an annual salary of
three hundred dollars, except the president of said council, who

shall be mayor and shall receive five hundred dollars per annum.
Said salary shall be paid in equal monthly installments. (Id.)

Sec. 4. Same—Oaths of office, etc.

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, for ten days
after the commencement of the term for which he was elected, his
office shall be deemed vacant. (Code 1932, § 2.)

Sec. 5. Meetings 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. (Id., § 3.)

Sec. 6. Election of president and vice-president; president
pro tempore; powers and duties generally.

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 13
of this chapter. 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 13 of this chapter.

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. (Id., § 5.)

Sec. 7. Meetings—Regular meetings.

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). (Id., § 6.)

Sec. 8. Same—Special meetings; calling; business transacted.

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.

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.
(Id., §§ 6, 7.)

Sec. 9. Same—To be open; exception.

The council shall be open except when, by a recorded vote of
two-thirds of those members present, it declares that the public
welfare requires secrecy, in which case it shall go into executive
session. (Id., § 7.)

Sec. 10. Quorum.

Three members of the council shall constitute a quorum for the
transaction of ordinary business. (Id., § 8.)

Sec. 11. Same—Absence of quorum; compelling attendance
of absent members.

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. (Id., § 9.)

Sec. 12. Punishing and expelling 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 three hundred dollars, and, by a two-thirds vote of its
whole number, expel a member of its own body for malfeasance
or misfeasance in office. Fines imposed under this section shall be
collected in such manner as fines imposed by the civil and police
justice. (Id., § 10.)

Sec. 13. Vacancies in office of mayor or councilman.

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 thus elected
shall hold office for the term for which his predecessor was elected,
unless sooner vacated by death, resignation, removal or from other
causes. An entry of 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. (Id.,
§ 11.)

Sec. 14. 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. (Id., § 12.)

Sec. 15. Appointment of 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. (Id., § 13.)

Sec. 16. Finance committee; powers and duties.

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
sections 173-177 of this chapter. (Id., § 14.)

Sec. 17. Witnesses before council, etc.; production of
books and papers.

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 production
by any person of all proper books and papers, when, in any
investigation by such body, such attendance and investigation is
necessary and proper. Summons to attend as a witness or to produce
books and papers shall be in writing, signed by the presiding
officer of the 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. (Id., § 25.)

Sec. 18. Annual and special appropriations.

As soon as practical after the 1st day of July in each year, the
council shall make an annual appropriation covering all fixed expenditures
provided for in the annual budget, which are approved.
All other appropriations shall be deemed special appropriations.
(Id., § 20; Ord. Sept. 3, 1940.)

Sec. 19. 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 thirty
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 April 30th in each year. (Code 1932,
§ 17.)

Part 2. Rules of Order and Procedure.

Sec. 20. Adoption and suspension.

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.

The rules of order and procedure of the council, with the right
of the body to suspend the same by a four-fifth vote, shall be as
set out in this article. (Code 1932, §§ 15, 27.)

Sec. 21. Parliamentary rules; exceptions.

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. (Id., § 27.)

Sec. 22. Duties of presiding officer.

The presiding officer shall enforce the rules of the council, preserve
order and decorum, appoint all committees, not otherwise
provided for, and discharge such other duties as appertain to his
office. (Id.)

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

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

From any decision of the chair an appeal may be made to the
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. (Id.)

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

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

Sec. 25. Members—Withdrawing 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. (Id.)

Sec. 26. Same—Conduct in addressing 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.
(Id.)

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

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

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

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

Sec. 29. Same—How called to order.

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

Sec. 30. Same—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. (Id.)

Sec. 31. Non-members addressing council.

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. (Id.)

Sec. 32. 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. (Id.)

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

Every motion or proposition, except such as are subsidiary or
incidental, shall be in writing, and shall be filed with the clerk.
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.
(Id.)

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

No motion, proposition, or subject different from that under
consideration, shall be admitted under color of amendment. (Id.)

Sec. 35. Same—Order of procedure.

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

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

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

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

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

• 5. To refer, or recommit.

• 6. To substitute, or amend.

• 7. To adopt or approve. (Id.)

Sec. 36. Same—To reconsider.

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

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

A motion to adjourn shall always be in order except when a
member has the floor, when the 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.
(Id.)

Sec. 38. Previous question—Motion for.

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

Sec. 39. Same—How put.

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

Sec. 40. 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. (Id.)

Sec. 41. 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. (Id.)

Sec. 42. 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. (Id.)

Sec. 43. Committees—Reports—When made.

Every committee shall, unless otherwise ordered, report at the
next regular meeting upon the subject matter referred to it, or
show good cause why such report is not made. (Id.)

Sec. 44. Same—Same—Form.

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

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

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

Sec. 46. Calendar of unfinished business.

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

Sec. 47. General 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. (Id.)

Sec. 48. Special order of business.

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

Sec. 49. Reconsidering or rescinding vote at special
meetings.

No vote of a former meeting of council shall be reconsidered or
rescinded at a special meeting unless there be then present as many
members as were present when such vote was taken, and three-fifths
of all members present vote in favor thereof. (Id., § 8.)

Sec. 50. Voting at elections.

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 51 of this chapter. (Id.,
§ 4.)

Sec. 51. Members failing to vote; disqualifications.

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. (Id., § 24.)

Part 3. Ordinances, Resolutions, etc.[1]

Sec. 52. Style of ordinances and resolutions.

The style in which ordinances shall be enacted by the council
shall be as follows: "Be it ordained by the Council of the City of
Charlottesville," and that in which resolutions shall be passed shall
be, "Be it resolved by the Council of the City of Charlottesville."
(Code 1932, § 27.)

Sec. 53. Procedure in enacting general ordinances.

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. (Id.)

Sec. 54. To be in writing.

Every proposed ordinance and resolution having the effect of an
ordinance shall be in writing. (Code 1932, § 16.)

Sec. 55. Repealing and amending ordinances.

No ordinance shall be amended or repealed except by an ordinance
regularly introduced and adopted, provided that suspension
of rules may be made by a motion. (Id., § 27.)

Sec. 56. 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. (Id.)

Sec. 57. Effective date.

Every ordinance shall take effect from the date of its passage
unless otherwise provided. (Id.)

Sec. 58. Appropriating money and imposing taxes, etc.

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.

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 18 of this chapter. (Code
1932, § 18.)

Sec. 59. Appropriating money in excess of annual appropriation.

No money shall be expended on any department of the city government
beyond the amount estimated in the budget for such department
in the general appropriation ordinance for the fiscal year
unless such expenditure be authorized by the recorded vote of
three-fifths of all the members elected to the council. (Id., § 19.)

Sec. 60. Appropriating money for improvements outside
city.

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. (Id.,
§ 21.)

Sec. 61. Granting aid to various associations, etc.

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. (Id., § 22.)

Sec. 62. Disposition of public property; granting franchise.

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

All persons to whom privileges or franchises have been or may
be granted by the 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.

The rights of the city in its gas, water, electric works and sewer
system, now owned or hereafter acquired, shall not be sold even
after such action of the council as is prescribed in the first paragraph
of this section, until and except such sale shall have been
approved by a majority of the qualified voters of the city, voting
on the question at a special election ordered by the council, and
subject in other respects to the provisions of section 24 of the
charter applicable to a special election. (Id., § 23.)

Part 4. Clerk of Council.

Sec. 63. Election; duties generally.

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. (Code 1932, § 28.)

Sec. 64. Keeping of books and documents; inspection
and exhibition.

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. (Id., § 29.)

Sec. 65. Furnishing officers with ordinances and resolutions;
notifying certain persons of action by
council.

The clerk of the council shall, within forty-eight hours after
each session of the 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 director of finance within
twenty-four hours after their passage. He shall notify persons
who have presented petitions or communications to the council,
of the final action of that body in regard thereto, within forty-eight
hours after such action. He shall also notify all persons
elected to any office by the council, of such election. (Id., § 30.)

Sec. 66. Keeping calendar of petitions, etc., presented
to council.

The clerk shall keep a calendar of petitions and other papers
presented to the council, as provided by section 46 of this chapter.
(Id., § 31.)

Sec. 67. Keeping minute book and ordinance book; ordinances
passed subsequent to adoption of
code.

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. 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. (Id., § 32.)

Sec. 68. Giving notice of hearings on budget; publishing
synopsis.

The clerk of the council shall cause to be published a synopsis of
the annual budget and notice of public hearings thereon as provided
by section 17 of the charter. (Id., § 52.)

Article II. Mayor.

Sec. 69. Powers and duties generally.

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 offices, and may examine them and
their subordinates on oath. Evidence given by persons so examined
shall not be used against them in any criminal proceedings.

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

The mayor shall have all other powers and duties which may
be conferred upon him by ordinances or resolutions of the city
and by the laws of the State of Virginia. (Code 1932, §§ 44, 46.)

Sec. 70. 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. (Id., § 45.)

Sec. 71. Prohibiting 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 morals or good
order. (Id., § 47.)

Sec. 72. 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. (Id., § 48.)

Sec. 73. Vacancies.

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 7 of the charter.
(Id., § 49.)

Article III. City Manager.

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

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 its
discretion. (Code 1932, § 51.)

Sec. 75. Powers and duties generally.

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 March 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 director
of finance's monthly report as provided in section 118 of this chapter.

(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 $2,000.00. Where the compensation exceeds $2,000.00
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. (Id., § 52.)

Sec. 76. Creation, consolidation and abolition of departments.

The city manager may, in order to promote the efficient operation

of the affairs of the city under his management and control,
create new departments, and consolidate or abolish existing departments.
(Id., § 127; Ord. Feb. 16, 1942.)

Sec. 77. Custody of city property.

Except as otherwise provided, the city manager shall have
charge of and be custodian of all real and tangible personal property
of the city. (Code 1932, § 54.)

Sec. 78. Insuring city buildings.

The city manager shall keep all city buildings insured for such
amounts as may be approved by the finance committee. (Id.)

Sec. 79. Preparing and keeping maps and records.

The city manager shall cause to be kept on file as property of the
city all maps showing: (1) The location of all public streets and
the extent to which they have been paved, macadamized or graded,
and the grades of the same when established; (2) 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 dimensions
of all sewers, water and gas mains not shown on the existing maps
and records as the same may be discovered. (Code 1932, § 55.)

Sec. 80. Inspection of poles carrying wire; defective and
dangerous poles.

The city manager shall cause to be made such inspections as he
may deem necessary of all telegraph, telephone and other poles
carrying wire, erected within the corporate limits of the city and
if any pole be found to be defective or dangerous from any cause,
he shall notify the person owning such pole and he shall forthwith
replace the same with a sound pole; and if such owner neglects or
refuses to replace such defective pole within twenty-four hours
after receiving such notice, the person so offending shall be fined
five dollars for each and every day during which said neglect or
refusal shall continue. (Id., § 56.)

Article IV. City Treasurer.[2]

Part 1. In General.

Sec. 81. Election; term; oath.

The treasurer's election, term and oath shall be as fixed by the
state laws except as modified by the council. (Code 1932, § 93.)

Sec. 82. Office.

The treasurer shall keep his office in such place as provided for
him by the council. (Id.)

Sec. 83. Compensation.

The treasurer shall receive compensation within the limits provided
by the statutes of the State of Virginia. (Code 1932, § 117;
Ord. April 1, 1935.)

Sec. 84. Custodian of funds.

The treasurer 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. (Code 1932, § 93.)

Sec. 85. Custodian of bonds, notes, etc.

The treasurer shall be the custodian of all bonds, notes, choses
in action and other like assets of the city. (Id., § 98.)

Sec. 86. Books, stationery and equipment.

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 its judgment may be reasonably necessary for the
proper conduct of his office. (Id., § 94.)

Sec. 87. Record of receipts and disbursements.

The treasurer shall keep a record of all receipts and disbursements
in a manner as may be prescribed by the council and the director
of finance. (Id., § 95.)

Sec. 88. Manner of making disbursements.

The treasurer shall pay no money out of the treasury except
on the warrant of the director of finance, duly countersigned by
the mayor or acting mayor. (Id., § 96.)

Sec. 89. Records, etc., open to inspection by certain
persons.

All records, funds and accounts of the city shall be open to the
inspection of the mayor, members of the council, director of finance,
city manager, city attorney and such other persons as the
council may direct. (Id., § 97.)

Sec. 90. Placing funds on certificates of deposit, etc.

When directed so to do by the chairman of the finance committee,
the treasurer shall place funds of the city on certificates of deposit
or interest-bearing deposit in any of the banks of the city
approved by the council until such time as said funds are necessary
to meet the city's obligations. (Id., § 99.)

Sec. 91. City depositories.

The funds of the city, including funds held by the treasurer as
treasurer of the sinking fund commission, shall be deposited to the
credit of the city or to the credit of the sinking fund commission,
as the case may be, by the treasurer in such banks as the council
may direct and such banks shall secure such deposits in such manner
as the council may determine. The sufficiency of securities
deposited by such banks to secure said deposits shall be subject
to the approval of a committee consisting of the finance committee,
director of finance and the treasurer. (Id., § 100; Ord. March
2, 1942.)

Sec. 92. Receipt and disbursement of 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 and paid out by him on warrants
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. (Code 1932, § 101.)

Sec. 93. Daily reports.

The treasurer shall report to the director of finance daily, on
forms prescribed by the director of finance, all collections for the
preceding day showing the source from which said funds are derived,
and such other reports as are or may be required of the
treasurer by law or by the council. (Id., § 102.)

Sec. 94. Withholding wages of officers and employees.

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. (Id., § 103.)

Part 2. Collection of Taxes, etc.

Sec. 95. Duty of treasurer.

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. (Code 1932, § 104.)

Sec. 96. Mailing bills to taxpayers.

The treasurer shall, as soon as may be possible in each year, not
later than December first, send by United States mail to each taxpayer
assessed with as much as two dollars in taxes for that year,
as shown by the books in his office, a bill for such taxes in the
form prescribed by the state department of taxation. (Id., § 107.)

Sec. 97. Tax tickets.

It shall be the duty of the treasurer to make off from the books
of the commissioner of revenue, for each taxpayer shown therein,
a tax ticket according to forms prescribed by the state department
of taxation. Upon collecting such tax, he shall deliver to the taxpayer
such tax ticket showing plainly the date of payment. (Id.,
§ 106.)

Sec. 98. Right of distress, levy and garnishment.

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. (Id., § 105.)

Sec. 99. Sale after levy or distraint.

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

Sec. 100. When taxes due.

The treasurer shall commence to receive taxes as soon as he receives
copies of the commissioner's book and shall continue to receive
the same up to and including the fifth day of December of
each year. (Code 1932, § 108; Ord. Nov. 19, 1934.)

Sec. 101. Penalties.

Any person failing to pay taxes on or before the fifth day of
December shall incur a penalty thereon of one percentum and a
like penalty on the sixth day of each of the four succeeding months
thereafter, provided said tax shall remain unpaid, which shall be
added to the amount of taxes when due from such taxpayer.
Such taxes and penalties, when collected by the treasurer, shall be
accounted for in his settlements.

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
been or may be assessed. Such additional penalty shall be computed
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. (Code
1932, §§ 108, 109; Ord. Nov. 19, 1934.)

Sec. 102. Calling on persons failing to pay taxes; collection
by distress, etc.

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. (Code 1932,
§ 108; Ord., Nov. 19, 1934.)

Sec. 103. Persons about to leave city.

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

Sec. 104. 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
August in each year, make out lists as follows:

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

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

(3) A list of such of the taxes and levies assessed on tangible
personal property, machinery and tools, and merchants capital or

other subjects, segregated for local taxation exclusively, except
real estate, as he is unable to collect. (Code 1932, § 110.)

Sec. 105. Same—To speak as of June thirtieth; form;
oath.

The lists mentioned in section 104 of this chapter shall speak as
of June thirtieth 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
mentioned in paragraph (2) of section 104, shall, at the foot
of such list, subscribe the following oath:

"I, . . . . . . . . . . . . . . . . . . , treasurer of the City of Charlottesville,
do swear that the foregoing list is, I verily believe, correct
and just, that I have received no part of the taxes or levies for
which the real estate therein mentioned is returned delinquent,
and that, although I have used due diligence to collect said taxes
and levies, no part of said taxes and levies has been collected by
me." (Id., § 111.)

Sec. 106. Same—Submitting to council; allowance of
credit to treasurer, etc.

A copy of each of the three lists mentioned in section 104 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 director of
finance and commissioner of revenue shall examine said lists and
if the same are found correct, the director of finance shall allow

the treasurer credit for the amounts thereof, in his annual settlement
which shall be made as of the first of July in each year; but
if such lists, or any of them, be found incorrect, credit shall be
allowed for only so much thereof as is correct. The director of
finance shall deliver a copy of the first of said lists to the commissioner
of revenue who shall correct his books accordingly. (Id.,
§ 112.)

Sec. 107. Same—Advertising lists of delinquent real
estate and personal property taxes.

The council shall cause such lists mentioned in paragraphs (2)
and (3) of section 104, or such parts thereof as may be deemed
advisable, to be published for two successive weeks in a newspaper
in the city, or in handbills to be posted generally throughout the
city, and at the front door of the courthouse for a period of thirty
days. (Id.)

Sec. 108. Same—Transmitting list of delinquent lands
to clerk of corporation court; recordation;
reports of collections.

A certified copy of the list mentioned in paragraph (2) of section
104 shall be transmitted by the treasurer to the clerk of the
corporation court not later than the first day of August in each
year, and such clerk shall forthwith record such list in a book to
be kept for the purpose, indexing the same in the name 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. (Id., § 113.)

Sec. 109. Continuing collection of delinquent taxes for
one year.

The treasurer shall continue to collect the taxes shown on the
delinquent lists for one year following June thirtieth of the year
as of which such delinquent lists speak. (Id., § 114.)

Sec. 110. Resubmission of lists to council; subsequent
collections.

At the expiration of one year following June thirtieth of the
year as of which such delinquent lists speak, the treasurer shall
again submit a copy of each of the lists mentioned in paragraphs
(2) and (3) of section 104 to the council at its first meeting held
after the expiration of such year. Such lists so resubmitted shall
show the changes which have occurred since June 30th of the preceding
year, and the treasurer shall continue his efforts to collect
the then unpaid taxes upon the real estate included in the list mentioned
in paragraph (2) of section 104 until said real estate shall
be sold under the provisions of section 2460 of the Code of Virginia.

The council may authorize and require the treasurer to continue
to collect the delinquent taxes included in the list mentioned in
paragraph (3) of section 104 for an additional period of two years,
or may place the same in the hands of the sergeant for collection,
or employ a delinquent tax collector to make such collections,
upon such terms as may be agreed upon. Such officer or collector
shall have all the power and authority to enforce collection by levy,
distress or otherwise, as the 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. (Id.)

Sec. 111. Sale of delinquent lands.

The treasurer shall give notice and sell the real estate shown on
the delinquent lists, unless the taxes thereon and the costs be paid
to him before the sale, in the manner provided by statute for the
sale of lands for delinquent taxes, subject to the right of redemption
and the right of any purchaser to obtain title to lands purchased,
as provided by law. (Code 1932, § 115.)

Article V. Director of Finance.

Sec. 112. Election; term.

The council shall elect one director of finance who shall hold his
office for two years and be removable at the will of the council.
(Code 1932, § 70.)

Sec. 113. Powers and duties generally.

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

He shall have the supervision of the fiscal affairs of all departments
and officers of the city, who shall collect, receive or disburse
the public moneys, or who are charged with the custody or management
thereof, and may, at any time, require from any of them
an account in writing of any or all moneys or property of the city
intrusted to them or under their control; and he shall immediately,
upon the discovery of any default, irregularity or delinquency, report
the same to the council. He shall have power to prescribe
the form and manner of keeping all said accounts unless otherwise
provided by state law.

The director of finance shall perform such other duties as are
or may hereafter be required of him by the council. (Id., §§ 71,
73, 81.)

Sec. 114. Keeping books, etc.; making suggestions to
council; reports.

The director of finance shall keep a regular set of books, in
which shall be opened and kept as many accounts under appropriate
titles as may be necessary to show distinctly all the estate and
property, whatsoever, real and personal, vested in the city by law
or otherwise, and of trusts in the care of the same; all funds due
and owing by the city; all receipts and expenditures in the various
departments of the city government, and all appropriations made
by the council and the sums expended under the same, respectively.
He shall from time to time, as often as he may deem necessary, or
the council may direct, suggest plans to the 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. (Id.,
§ 72.)

Sec. 115. Employees of director.

In the performance of the duties imposed upon the director of
finance he shall have the power to employ such persons as may be
necessary and to fix the salaries of such persons and to require
such bond as he may think proper, subject, however, to the approval
of the council, and the persons so employed shall be directly
responsible to the director of finance. (Ord. Sept. 20, 1943.)

Sec. 116. Collection of revenues; keeping accounts; delivering
moneys to treasurer.

The director of finance shall collect all revenues of the city and
moneys from persons owing the same to the city except property
taxes, business, professional and occupational license taxes.

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

Sec. 117. Collection of gas and water bills; list of delinquents;
cutting off supply.

The director of finance shall cause all gas and water meters to
be read and shall notify each debtor of the amount of water and
gas bills due by such debtor to the city and that the amount is due
and payable not later than the fifteenth day after the bill is rendered.
He shall supply the superintendent of public utilities with
a list of delinquents and it shall be the duty of the superintendent
to immediately discontinue the gas or water services of such delinquents
as provided in chapter 14, section 7, and chapter 31, section
5, respectively, but the furnishing of such list of delinquents,
as aforesaid, shall not relieve the director of finance of the responsibility
of the collection of said delinquent bills. (Id.)

Sec. 118. Monthly reports of receipts and disbursements.

The director of finance shall prepare, as soon after the close of
each month as may be practicable, a statement showing the receipts
and disbursements for the previous month. 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. (Code 1932, § 79.)

Sec. 119. Quarterly reports; publishing.

The director of finance shall, on or before the twenty-fifth day

of July, October, January and April in each year, prepare and
publish in a newspaper published in the city a condensed statement
of the condition of the city's finances as of the end of the previous
quarter, consisting of a statement of the receipts and disbursements
for so much of the fiscal year as may then have expired, and
a balance sheet. (Id., § 74; Ord. Sept. 3, 1940.)

Sec. 120. Annual reports.

The director of finance 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. (Code 1932, § 75.)

Sec. 121. Examination of claims; drawing of warrants,
etc.

The director of finance shall examine all claims and demands
for or against the city, and no money shall be drawn from the
treasury or paid to any person, unless the balance so due or payable
be first audited, adjusted or determined by the director of
finance. All accounts so audited and approved by the director of
finance shall be paid by drawing his warrant on the treasurer,
countersigned by the mayor, stating to whom payable, on what
account, and the particular appropriation from which the same is
payable, and no money shall be drawn from the treasury except
upon the warrant of the director of finance as aforesaid. In no
other case shall any warrant be drawn by the director of finance
for the payment of money unless the same is authorized by some
ordinance or resolution of the council, making a special appropriation

to the person or department in whose behalf the same is
drawn. (Id., § 76.)

Sec. 122. Drawing warrants for salaries and wages;
checks to employees; deductions.

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

The director of finance shall issue weekly a warrant for the
amount of payrolls submitted by the various departments for all
employees receiving their wages weekly, and the proceeds of said
warrant shall be deposited in a special account entitled "Payroll
Account." Checks to the several employees for the amount of
their respective wages less any deductions authorized by the employee
with the consent of the director of finance and any deductions
required to be made by the city on account of taxes shall be
drawn, signed by the director of finance and the treasurer, and
checks similarly signed shall be drawn for the disbursement of
amounts deducted as herein set forth. (Id., § 77; Ord. Dec. 21,
1942.)

Sec. 123. Fixing payday.

The director of finance is hereby authorized and directed to fix
a payday on which all persons having claims against the city will
be entitled to receive their warrants. (Code 1932, § 78.)

Article VI. City Attorney.

Sec. 124. Election; qualification; term.

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. (Code 1932, § 57.)

Sec. 125. Powers and duties generally.

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.

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 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. (Id., §§ 58, 59.)

Sec. 126. Accounting for and paying over city funds.

The city attorney shall promptly account for and pay over to
the director of finance any and all funds belonging to the city,
collected or received by him, and shall at the time of turning over
such money to the director of finance, or immediately thereafter,

furnish said director of finance with an itemized statement showing
from whom and for what account said money was received.
(Id., § 59.)

Sec. 127. Reporting to council on condition of civil cases.

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. (Id.)

Sec. 128. Attending meetings of council and committees.

It shall be the duty of the city attorney to attend all meetings of
the council, unless excused by the presiding officer. He 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. (Id.)

Sec. 129. Drafting resolutions and ordinances; inspection
of journal and ordinance book.

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

Sec. 130. Salary to be in full compensation for services;
traveling expenses.

The salary of the city attorney 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. (Code 1932, § 60.)

Article VII. City Purchasing Agent.

Sec. 131. Election; term.

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. (Code 1932, § 63.)

Sec. 132. Powers and duties generally.

The city purchasing agent shall make purchases of every kind
and character necessary, for or on behalf of the city. He shall
perform such other duties as may be required of him by the council.
(Id., §§ 64, 69.)

Sec. 133. Purchases made only upon agent's order; exception.

No purchases shall be made except upon the written order of the
purchasing agent, or his duly authorized agent, except when specially
authorized by the council, or as otherwise provided by law.
(Id., § 64.)

Sec. 134. Requisitions for supplies; forms; approval.

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. (Id., § 65.)

Sec. 135. Sufficient appropriation necessary to furnishing
supplies.

The city purchasing agent shall not furnish any supplies for any
department of the city unless there be to the credit of such department
on the books of the director of finance an available appropriation
sufficient to pay for such supplies. (Id., § 66; Ord. Sept. 21,
1936.)

Sec. 136. Bids for purchases in excess of one hundred
dollars; specifications to bidders.

Before making any purchase in an amount in excess of one hundred

dollars, the city purchasing agent shall, when practicable, give
notice for bids. Whenever practicable, the city purchasing agent
shall furnish standard specifications to the bidders. (Id.)

Sec. 137. Sales of material and personal property.

It shall be the duty of the city purchasing agent to make sales of
material or personal property of the city, authorized to be sold, and
he shall keep an accurate account thereof in his office, from which
he shall report in detail such sales to the director of finance and all
moneys derived from the sale of such property, so far as practicable,
shall be collected by the director of finance. (Code 1932,
§ 67.)

Sec. 138. Signing contracts covering purchases and sales.

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. (Id., § 68.)

Article VIII. Attorney for the Commonwealth.

Sec. 139. Term, duties and compensation generally.

The term of office, duties, compensation, etc., of the attorney
for the commonwealth shall be the same as those prescribed for
him by the laws of the state, except as modified by the council.
(Code 1932, § 82.)

Sec. 140. Additional duties.

In addition to the duties prescribed in section 139, it shall be the
duty of the attorney for the commonwealth to represent the city in
the prosecution of all cases arising under criminal and quasi criminal
ordinances, including those under the zoning ordinance, building
code and license ordinances. (Id., § 83.)

Sec. 141. Calling upon city attorney for assistance.

The attorney for the commonwealth may call upon the city attorney
to assist him in all cases in which the construction, interpretation
or validity of a city ordinance is involved. (Id.)

Article IX. Commissioner of Revenue.

Sec. 142. Election; city assessor; vacancy in office; bond.

The commissioner of revenue shall be elected at such time and
in such manner as is or may hereafter be fixed by law. He shall be
the assessor of the city in accordance with the constitution and
laws of the 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. (Code 1932, § 84.)

Sec. 143. Compensation.

The commissioner of revenue shall receive such compensation
as is provided by the statutes of the State of Virginia. (Id., § 92;
Ord. April 1, 1935.)

Sec. 144. When to begin duties.

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. (Code 1932, § 85.)

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

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 the city, which shall be provided
by the city and shall keep therein such books, schedules and records
and in such manner as the city council or the director of finance
may direct and prescribe, which books, records and other papers
shall be subject to the inspection and examination of the mayor,
members of the council, or any committee thereof, the director of
finance, the city attorney and the city treasurer. (Id., § 86.)

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

The commissioner of revenue 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. (Id., § 87.)

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

In ascertaining what personal property is to be listed for taxation,
who is to list the same, and when and how it is to be listed,
the provisions of the laws of the State of Virginia shall be followed.
(Id., § 89.)

Sec. 148. Same—Lists of valuations to be furnished by
and returned to commissioner.

The commissioner of revenue shall furnish to each person forms
for lists of valuations as provided for by 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. (Id.)

Sec. 149. Same—Revaluation of property.

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

Sec. 150. Same—Penalty for failure to make return;
refusal to exhibit property.

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 of revenue any property listed or required
by this chapter to be listed by him, in order that a fair valuation
thereof may be assessed, he shall pay a fine of not less than
twenty nor more than one hundred dollars. (Id.)

Sec. 151. State law followed as to 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. (Code 1932, § 90.)

Sec. 152. 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. (Id., § 88.)

Sec. 153. Licenses and license taxes—Assessing and
issuing.

It shall be the duty of the commissioner of revenue to assess the
taxes on licenses, and to issue license to carry on or practice any
business, trade or profession for which a license is required. In
assessing the taxes on and issuing licenses, he shall be guided by
the laws in force for the assessment of license taxes for the state,
except where it is otherwise provided by an ordinance of the city.
(Id., § 91; Ord. March 11, 1935.)

Sec. 154. Same—Failure to pay when due; penalty.

Any person failing to pay a license tax on the date fixed by the
annual license tax ordinance shall be subject to a penalty of five
per centum of the amount of the license tax then due, and such
penalty shall be assessed and paid along with the license tax and
shall become a part of the license tax. (Id.)

Sec. 155. Same—Commissioner to report delinquents to
mayor.

It shall be the duty of the commissioner of revenue to report in
writing to the mayor each month all cases of default as soon as
they come to his knowledge, and if there be no default, he shall so
report. (Id.)

Sec. 156. Same—Mayor to cause delinquents to be summoned
before court.

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
ordinance. (Id.)

Article X. Sinking Fund Commission.

Sec. 157. Members.

For the purpose of managing, preserving and applying the sinking
fund required to be created by the charter and the ordinances
of the city, the mayor, chairman of the finance committee of the
council, director of finance and treasurer shall constitute a board
to be called the sinking fund commission. (Code 1932, § 129.)

Sec. 158. President and secretary; keeping journal; preserving
books and papers.

The mayor shall be the president, and the director of finance the
secretary, of the 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. (Id., § 130.)

Sec. 159. City treasurer to keep account and be custodian
of funds.

The city treasurer shall keep an account of and shall be the custodian
of all moneys, bonds and other evidences of debt belonging
to the sinking fund. (Id., § 131; Ord. Dec. 21, 1942.)

Sec. 160. Setting apart 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 sinking fund 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.
(Code 1932, § 132.)

Sec. 161. Investment of funds; redemption of city debts.

The commission shall apply all appropriations, interest and
profits from any bonds held by them to the purchase of bonds or
certificates of debt of this city, or of this state, or of the United
States, or of some other state of this union, or any other securities
which under the laws of the State of Virginia are designated and
approved for the investment of fiduciary funds. 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,
or reinvestments of same, and the interest thereon, shall
be reinvested according to the provisions of this section, until some
part of the city debt shall become due, when, unless some other
provisions be made by the 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. (Id., § 133; Ord. Jan.
20, 1936.)

Sec. 162. Annual report.

The sinking fund commission shall, through the treasurer, not
later than the 31st day of each July, 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. (Id., § 134; Ord. Dec. 21, 1942.)

Sec. 163. Disbursements.

All disbursements by said commission shall be by warrant of the
secretary, countersigned by the president of the board, drawn on
the treasurer. (Id., § 135; Ord. Dec. 21, 1942.)

Sec. 164. 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. (Code 1932, § 136.)

Article XI. Officers and Employees Generally.[3]

Sec. 165. Officers elected by council; term; vacancies.

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 specially 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. Any officer 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. (Code 1932, § 35.)

Sec. 166. Authority of officers appointed by council.

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. (Id., § 43.)

Sec. 167. Compensation fixed by council; traveling expenses;
officers in arrears or default.

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. (Id., § 36.)

Sec. 168. 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
in writing by the surety on such officer's bond. Nothing herein
shall be construed to affect the right of the mayor to remove any
officer appointed by the council. (Id., § 37.)

Sec. 169. Removal by mayor or council.

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. (Id., § 38.)

Sec. 170. Salary 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
shall receive his pay in full the same as if no suspension had occurred.
(Id., § 39.)

Sec. 171. Superintendents of departments — Absence
from city.

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. (Id.,
§ 40.)

Sec. 172. Same—Vacations.

A vacation of two weeks 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. (Id.)

Sec. 173. Bonds—Amount.

The penalties of the official bonds of the following officers shall
be, respectively, as herein enumerated, to-wit:

                     

Mayor	$ 2,000.00
Treasurer	40,000.00
City manager	5,000.00
Director of finance	10,000.00
Clerk of council (if not otherwise bonded)	5,000.00
Chief of police	1,000.00
Meter readers of gas and water	1,000.00
Superintendent of cemeteries	1,000.00
Superintendent of public welfare	$ 2,000.00
Clerk of civil and police justice court	2,000.00
City Electrician	500.00

(Code 1932, § 41; Ords. Sept. 4, 1934, Jan. 20, 1936, Dec. 21,
1942.)

Sec. 174. Same—Guaranty companies.

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 with conditions for the faithful
discharge of the duties of the office to which the person giving
it has been elected or appointed. (Id.)

Sec. 175. Same—Paid for by city.

All official bonds shall be paid for by the city. (Id.)

Sec. 176. Same—Failure to give.

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

Sec. 177. Same—Report by finance committee; bonds
filed with clerk of council.

The finance committee shall report to the council all official
bonds given as required by sections 173 to 176 of this chapter for
entry upon its journal and the bonds shall be filed in the office of
the clerk of the council. (Id.)

Sec. 178. Officers appointed by city manager.

There shall be appointed by the city manager, a city engineer, a
building inspector, a plumbing inspector, a city electrician and a
chief of the fire department, 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,
a superintendent of recreation 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. (Code 1932, § 127; Ord. Feb. 16,
1942.)

Sec. 179. Same—Duties generally.

The officials appointed under section 178 of this chapter, as well
as the superintendent of public welfare, 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.
(Code 1932, § 128; Ord. Sept. 4, 1934.)

Sec. 180. Reports to city manager.

All superintendents of departments, officers and employees are
directed to make such reports and furnish such information upon
the affairs of their departments or offices as may be required by
the city manager. (Code 1932, § 55.)

CHAPTER 3.

Animals, Birds, and Fowls.[4]

                                               

§ 1.	Dangerous animals at large.
§ 2.	Same—Failure of owner to take into custody after notice.
§ 3.	Domestic animals at large; impounding, etc.
§ 4.	Straying of fowls.
§ 5.	Keeping hogs in city.
§ 6.	Keeping sheep in city.
§ 7.	Keeping animals over night for shipment or sale.
§ 8.	Parking of vehicles containing livestock.
§ 9.	Bitches in heat.
§ 10.	Hydrophobia—Dogs to be confined or muzzled.
§ 11.	Same—Cats to be confined.
§ 12.	Killing birds.
§ 13.	Animals with contagious or infectious diseases.
§ 14.	Carcasses—Carrying beyond city limits or burial.
§ 15.	Same—Placing or permitting to remain on streets, lots, etc.
§ 16.	Same—Death from infectious diseases.
§ 17.	Exhibiting stallion or jack.
§ 18.	Feeding in the streets.
§ 19.	Unattended teams and animals on the streets.
§ 20.	Selling, trading or speeding animals in the streets.
§ 21.	Cockfighting.
§ 22.	Fighting dogs or other animals.
§ 23.	Stables; disposal of manure.
§ 24.	Cruelty to animals.

Sec. 1. Dangerous animals at large.

No person shall suffer or permit any animal belonging to him or
under his control and known or reasonably suspected of being
dangerous to go at large in the city, or be kept in 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 three dollars nor more than twenty-five dollars
and each day such animal is allowed at large shall be considered a
separate offense. (Code 1932, § 322.)

Sec. 2. Same—Failure of owner to take into custody
after notice.

If the owner of any animal known or reasonably suspected of
being dangerous shall fail to take it into custody after being notified
to do so by the chief of police, 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 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.
(Id.)

Sec. 3. Domestic animals at large; impounding, etc.

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 one dollar nor more than five dollars for each offense, and
the horse, mule, cow or hog shall be impounded until redeemed,
and if not redeemed within five days after advertisement has been
made in one of the city papers, it may be sold by the chief of police
and the proceeds, after deducting the amount of the fine and
costs of arrest, keeping and advertising, shall be held by the treasurer
for the benefit of the owner; but no such animals shall be
advertised until it has been impounded forty-eight hours. (Code
1932, § 323.)

Sec. 4. 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 one dollar nor more than five dollars. (Id.,
§ 324.)

Sec. 5. Keeping hogs in city.

No hogs shall be kept within the city limits, except for immediate
shipment or slaughter, unless a permit therefor has been issued
by the chief of police.

Such permit shall be issued only upon the following conditions:

(1) Pens must be kept clean and must have floors at least one
foot above the ground. (2) No pen shall be located nearer than
two hundred fifty feet to any dwelling house other than that of
the person keeping the hogs unless there shall have been presented,
upon application for the permit, the consent, in writing, of the
occupants of any dwelling house within two hundred fifty feet of
the proposed location. (3) The location of pens must be approved
by the chief of police.

In case written complaint is made by any owner or occupant of
adjoining property, investigation shall be made by the city sanitary
inspector or the chief of police and if it appears that there has
not been compliance with the provisions hereof, or that the keeping
of hogs at the location in question is detrimental to the public
interest, such permit may be revoked by the council.

Any violation of this section shall be punishable by a fine of not
less than two dollars and fifty cents nor more than twenty-five
dollars for each offense. (Id., § 325; Ords. Jan. 6, 1941, Mar.
2, 1942.)

Sec. 6. Keeping sheep in city.

No sheep shall be kept in the city limits except for immediate
shipment or slaughter. (Code 1932, § 326; Ords. Oct. 20, 1941,
Oct. 1, 1942, June 21, 1943.)

Sec. 7. Keeping animals over night for shipment or sale.

It shall be unlawful to keep within the city limits between the
hours of 10:00 P. M. and 5:00 A. M. any herd, flock or group of
cattle, calves, sheep or swine intended for shipment or sale; provided

that this section shall not apply between the hours of 10:00
P. M. on Saturday and 5:00 A. M. on Sunday, and shall not apply
to animals which may have been delivered to any railway company
for shipment, while in the custody of such railway company.

Three or more animals shall be considered a herd, flock or group
within the terms of this section.

Any person violating the provisions of this section shall be fined
not less than ten dollars and not more than twenty-five dollars for
each day such violation continues. (Id.)

Sec. 8. Parking of vehicles containing livestock.

It shall be unlawful to park any vehicle containing livestock on
any street within any A residence district or A-1 residence district
within the city, as designated by the zoning ordinance, for
more than one-half hour. A vehicle shall be considered parked for
one-half hour if it is not moved at least one block within that period.
Any person violating this section shall be fined not less than
two dollars and fifty cents and not more than ten dollars. (Ord.,
Oct. 10, 1944.)

Sec. 9. 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 five dollars nor
more than ten dollars, and the bitch shall be taken into custody by
the police, and if not redeemed by the payment of the fine within
twenty-four hours, the bitch shall be killed; but the killing of the
bitch shall not exempt its owner from the fine. (Code 1932, §
327.)

Sec. 10. 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 should
not be fined for noncompliance with this section. The fine shall
be not less than two dollars and fifty cents, nor more than ten
dollars for each offense. If the owners or keepers are not known,
the dogs shall be caught by the police in as quiet a manner as
possible and confined forty-eight hours, at the end of which time
the 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 ten
dollars in any case. No policeman shall shoot any unmuzzled dog
found at large, in the street, unless necessary to protect the public.
(Id., § 328.)

Sec. 11. Same—Cats to be confined.

If at any time the mayor has cause to apprehend the existence
of rabies among the cats in the city, it shall be lawful for him to
require by proclamation, published in a newspaper in the city, that
all cats be confined to the premises of their owners for such time
as may be prescribed.

Any person permitting a cat to run at large during such period
shall be fined not less than two dollars and fifty cents and not more
than ten dollars.

Any cat found running at large during such period may be
caught and confined and if not claimed within forty-eight hours
shall be destroyed. (Ord., Sept. 20, 1943.)

Sec. 12. Killing birds.

Any one who shall kill any sparrow, martin, wren or other
bird, shall be fined one dollar for each offense. This section shall
not apply to domestic pigeons when killed by the owner, or to English
sparrows or starlings. (Code 1932, § 330.)

Sec. 13. 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 five dollars.
(Id., § 333.)

Sec. 14. Carcasses—Carrying beyond city limits or
burial.

The carcasses of all animals which die in the city shall be carried
one-half mile beyond the limits of the city or be buried in
some suitable place. Any one violating this section shall be fined
ten dollars. (Id., § 331.)

Sec. 15. Same—Placing or permitting to remain on
streets, lots, etc.

If any person shall place, or cause to be placed, in any street or
lot within the city limits the carcass of any animal, or shall suffer
any such nuisance to remain on any such lot owned or held by
him, he shall be fined not less than five dollars for every twenty-four
hours that such nuisance may remain. (Id., § 332.)

Sec. 16. Same—Death from infectious diseases.

When any cow, horse or other animal shall die of a contagious
or infectious disease, the owner thereof shall forthwith notify the
chief of police and he shall at once cause said animal to be buried
in some suitable place at least four feet deep; and all expense of
said burial shall be borne by the owner, and may be collected of
him as fines are collected, should he refuse to pay the same. Any
one violating this section shall be fined ten dollars. (Id., § 334.)

Sec. 17. 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 five dollars
and not more than ten dollars for each offense. (Id., § 335.)

Sec. 18. 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 one dollar.
(Id., § 185.)

Sec. 19. Unattended teams and animals on the streets.

If the owner or driver, or the person having charge of any
wagon, dray, cart, carriage or other vehicle shall suffer the horse
or 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 to stand upon any street of the city without being
properly fastened by the bridle or reins, or without having some
person to watch the same and prevent its starting, every person
so offending shall be fined not less than one dollar nor more than
ten dollars for each offense. (Id., § 184.)

Sec. 20. Selling, 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 of this city, or speed therein any
animals exhibited for sale or exchange, he shall be fined not less
than one dollar nor more than five dollars for each offense.
(Id., § 182.)

Sec. 21. Cockfighting.

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 one hundred
dollars 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. (Id., § 260.)

Sec. 22. Fighting dogs or other animals.

Any person who shall cause any match of dogs or other animals
to be fought within the city, or shall handle any such dog
or other animal so fought, or who shall bet at any such match,
or who shall allow his dog or other animal to be so matched, either
for prize or diversion, shall be fined not less than ten dollars nor
more than one hundred dollars for each such offense. (Id.,
§ 263.)

Sec. 23. Stables; disposal of manure.

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

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

No person shall permit any manure to accumulate on premises
under his control in such manner or to such an extent as to give
rise to objectionable odors upon any public highway or upon any
premises owned or occupied by any person other than the person
owning or occupying the premises on which 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.

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 two dollars nor more
than ten dollars for each offense. (Id., § 377.)

Sec. 24. Cruelty to animals.

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

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

Any one convicted of violating this section shall be fined not less
than five dollars, nor more than fifty dollars, for each offense.
(Id., § 329.)

CHAPTER 4.

Barbershops.

                           

§ 1.	Definitions.
§ 2.	Permits.
§ 3.	Equipment and appliances generally.
§ 4.	Infectious diseases.
§ 5.	Keeping in cleanly condition.
§ 6.	Use of combs, brushes, etc.
§ 7.	Towels and wash cloths.
§ 8.	Cleansing hands before serving customers.
§ 9.	Use of alum, etc.
§ 10.	Coverings for head rests.
§ 11.	Shaving persons with skin infections.
§ 12.	Treating skin diseases.
§ 13.	Posting copy of regulations.
§ 14.	Penalty.

Sec. 1. Definitions.

(a) Barber. The word "barber" as used in this chapter 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 barbershop boys, and beauty shop operators.

(b) Manager. The word "manager" means any person having
for the time being control of the premises and of persons working
or employed therein. (1932 Code, § 417.)

Sec. 2. Permits.

No person shall conduct a barbershop or hairdressing parlor
without a permit to do so, such permit being issued by the health
officer upon approval of the sanitary conditions and methods used
in conducting such business. Such permit shall expire on December
31st of each year, but shall be revoked at any time upon the
violation of any provision of this chapter. The fee for such permit
shall be one dollar. (Id.)

Sec. 3. Equipment and appliances generally.

The owner and the manager of any barbershop shall equip said

shop and keep said shop equipped with running hot and cold water
and with all such appliances, furnishings and material that may be
necessary to enable persons employed in and about the shop to
comply with the requirements of these regulations. (Id.)

Sec. 4. Infectious diseases.

No owner and no manager of a barbershop shall knowingly permit
any person suffering from a communicable skin disease or
from venereal disease to act as a barber in said shop. No person
who to his knowledge is suffering from a communicable or from a
venereal disease shall act as a barber. (Id.)

Sec. 5. Keeping in cleanly condition.

Every manager of a barbershop shall keep said shop and all
furniture, tools, appliances and other equipment used therein at
all times in a cleanly condition. (Id.)

Sec. 6. Use of combs, brushes, etc.

No barber shall use for the service of any customer a comb, hair
brush, hair duster or any analogous article that is not thoroughly
clean, nor any mug, shaving brush, razor, shears, scissors, clippers
or tweezers that are not thoroughly clean or that have not been
sterilized since last used. (Id.)

Sec. 7. Towels and wash cloths.

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.
(Id.)

Sec. 8. Cleansing hands before serving customers.

Every barber shall cleanse his hands thoroughly immediately
before serving each customer. (Id.)

Sec. 9. Use of alum, etc.

No barber shall, to stop the flow of blood, use alum or other

material unless the same be used as a powder or liquid and applied
on a clean towel or in a similar manner. (Id.)

Sec. 10. Coverings for head rests.

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. (Id.)

Sec. 11. Shaving persons with skin infections.

No barber shall shave any person when the surface to be shaved
is inflamed or broken out, or contains pus, unless such person be
provided with a cup and lather brush for his individual use. (Id.)

Sec. 12. Treating skin diseases.

No barber shall undertake to treat any disease of the skin.
(Id.)

Sec. 13. Posting copy of regulations.

The owner and the manager of any barbershop 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. (Id.)

Sec. 14. Penalty.

Any person violating any of the provisions of these regulations
shall, upon conviction thereof, be fined not less than five dollars
nor more than twenty-five dollars. (Id.)

CHAPTER 5.

Bicycles.[5]

             

§ 1.	Registration required.
§ 2.	Registration plates and cards; register kept by chief of police.
§ 3.	Transfer of ownership.
§ 4.	Reports by dealers in secondhand bicycles.
§ 5.	Removal, destruction or alteration of registration number, plate or card.
§ 6.	Fee for registration; transferring registration; loss of plates or cards.
§ 7.	Penalties.

Sec. 1. Registration required.

It shall be unlawful for any person to operate or use a bicycle
propelled wholly or in part by muscular power upon any of the
streets or public highways of the city without first obtaining a
certificate of registration from the chief of police of the city and
attaching to such bicycle a metallic registration number. (Ord.
Dec. 16, 1940.)

Sec. 2. Registration plates and cards; register kept by
chief of police.

The city shall provide metallic registration plates and seals, together
with registration cards, the said metallic registration plates
and registration cards to be numbered in numerical order, beginning
with number one, the design and identification lettering thereon
to be approved by the chief of police. It shall be the duty of the
chief of police to cause to be attached one of such metallic registration
plates to the frame of each bicycle and to issue a corresponding
registration card to the owner of such bicycle upon the payment of
the registration fee herein required. Such metallic registration

plate shall remain attached to the bicycle for which it was issued
during the period such bicycle is operated within the city. The
chief of police shall keep a permanent register in which shall be entered
the name, address and age of the owner of each registered bicycle,
the date of registration and sufficient information to identify
such bicycle. (Id.)

Sec. 3. Transfer of ownership.

It shall be unlawful for any person to sell or transfer ownership
of any bicycle without reporting to the chief of police within
forty-eight hours from the time thereof full, complete information
relative to such transfer, so that such bicycle may be registered in
the name of the transferee. The purchaser or transferee of any
such bicycle shall apply for a transfer of registration therefor
within five days from the time the same is acquired by him. (Id.)

Sec. 4. Reports by dealers in secondhand bicycles.

It shall be unlawful for any person engaged in the business of
buying secondhand bicycles, or any parts of secondhand bicycles,
to fail to report to the chief of police of the city within forty-eight
hours after acquiring any secondhand bicycle, or parts thereof,
such report to include the registration number of such-bicycle, a
description of each bicycle acquired, the frame number thereof, together
with the name and address of the person from whom the
same was acquired. In case of the purchase of any parts of a bicycle,
the report shall describe each part and give the name and
address of the person from whom the same was acquired. (Id.)

Sec. 5. Removal, destruction or alteration of registration
number, plate or card.

It shall be unlawful for any person wilfully or maliciously to
remove, destroy, mutilate or alter the number of any bicycle frame
registered pursuant to this chapter. It shall also be unlawful for
any person wilfully or maliciously to remove, destroy, mutilate or
alter any registration plate or registration card issued pursuant to
the provisions of this chapter during the time in which the bicycle

for which such registration plate or card was issued is operated.
Provided, however, that nothing in this chapter shall prohibit the
chief of police from stamping a number on the frame of a bicycle
on which no serial number can be found or on which such number
is illegible or insufficient for identification purposes. (Id.)

Sec. 6. Fee for registration; transferring registration;
loss of plates or cards.

The registration fee to be paid for each bicycle registered shall
be twenty-five cents. Once a bicycle has been registered in a given
name, the registration thereof may be transferred from one owner
to another, without the payment of an additional fee. The fee
above required shall cover all charges incident to registration, issuance
of registration plates and cards. In the event of the loss of a
registration plate or card a duplicate may be issued at the cost of
twenty-five cents. All fees collected shall be turned over to the
director of finance, who shall pay the same into the city treasury.
(Id.)

Sec. 7. Penalties.

Every person convicted of the violation of any section of this
chapter shall, upon the first conviction thereof, be fined not less
than one dollar nor more than five dollars, and upon any subsequent
conviction thereof, not less than one dollar nor more than twenty-five
dollars, or in lieu of such fine, or in case such fine is not paid,
or in addition to such fine, the court may require that any bicycle
operated by the owner or other person lawfully in control thereof,
in violation of the provisions of this chapter, be removed from the
streets of the city and that the person operating the same in violation
of this chapter shall not be permitted to operate such bicycle
on the streets of this city for a period not exceeding thirty days,
in the discretion of the trial judge. (Id.)

CHAPTER 6.

Births, Deaths and Vital Statistics.[6]

                 

§ 1.	Registrar of vital statistics; powers and duties; salary in lieu of fees.
§ 2.	Physicians and midwives to register.
§ 3.	Report of births.
§ 4.	Stillbirths reported as births and deaths.
§ 5.	Death certificates.
§ 6.	Burial permits.
§ 7.	Permit for removal of dead bodies beyond city limits.
§ 8.	Retaining or exposing dead bodies.
§ 9.	Death of persons unattended by physician.

Sec. 1. Registrar of vital statistics; powers and duties;
salary in lieu of fees.

The health officer shall be the local registrar of vital statistics for
the city. He, or his authorized representative, shall supply forms,
issue permits, require proper certificates and keep records as may
now or hereafter be provided by state law, and shall perform such
other duties as are or may hereafter be prescribed by the state law
or by the council.

The salary paid to the registrar as health officer shall be in lieu
of all fees provided by state law. (Code 1932, §§ 418, 428.)

Sec. 2. 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. (Id.,
§ 425.)

Sec. 3. Report of births.

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 birth 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 of such child to report its birth to
the local registrar within ten days 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
who shall fail to comply with the provisions of this section shall
be subject to a fine of not less than one dollar nor more than ten
dollars for each offense. (Id., § 426.)

Sec. 4. Stillbirths reported as births and deaths.

Stillborn children or 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. (Id., § 424.)

Sec. 5. 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
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 five dollars nor
more than twenty-five dollars for each offense. (Id., § 419.)

Sec. 6. Burial permits.

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 five
dollars nor more than twenty-five dollars. (Id., § 420.)

Sec. 7. Permit for removal of dead bodies beyond city
limits.

No undertaker or other person shall remove the body of any
person who has died within the city limits to any place beyond
the city limits for the purpose of burial, without first procuring
a permit to do so from the local registrar, under a penalty of not
less than five dollars nor more than twenty-five dollars for each
offense. (Id., § 421.)

Sec. 8. Retaining or exposing dead bodies.

No person shall retain or expose, or allow to be retained or exposed,
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
five dollars nor more than fifteen dollars. (Id., § 422.)

Sec. 9. 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. (Id., § 423.)

CHAPTER 7.

Building Code.[7]

                                                                                                                   

§ 1.	Definitions.
§ 2.	Fire limits.
§ 3.	Building inspector—Appointment; compensation; bond.
§ 4.	Same—Duties.
§ 5.	Same—Not to engage in construction business.
§ 6.	Same—Right of entry; obstructing.
§ 7.	Survey showing street lines.
§ 8.	Permits—When required.
§ 9.	Same—Form and contents of applications.
§ 10.	Same—For moving buildings.
§ 11.	Same—Estimated cost for determining fees.
§ 12.	Same—Fees; adjustment of fees upon completion of work.
§ 13.	Change in structure after permit is issued.
§ 14.	Grade and line of sewer.
§ 15.	Grade of streets and sidewalks.
§ 16.	Certificates of occupancy.
§ 17.	Foundation.
§ 18.	Walls, cornices and roofs required within congested fire limits.
§ 19.	Permissible wooden structures within congested fire limits.
§ 20.	Repairing frame building within congested fire limits.
§ 21.	Buildings required to be fireproof.
§ 22.	Mill building and factory construction.
§ 23.	Limits of height and area.
§ 24.	Walls.
§ 25.	Concrete construction.
§ 26.	Steel construction.
§ 27.	Protection of ends of wooden beams.
§ 28.	Protection of wall openings.
§ 29.	Stairway and elevator shafts.
§ 30.	Skylights, windows, etc., over stairway and elevator shafts.
§ 31.	Fire escapes.
§ 32.	Floor lights.
§ 33.	Roof covering; condemning wood shingle roofs.
§ 34.	Roof openings.
§ 35.	Means of egress required.
§ 36.	Fire stops.
§ 37.	Areaways.
§ 38.	Prohibited location for dwelling houses.
§ 39.	Construction of frame buildings.
§ 40.	Joists and floor loads.
§ 41.	Fire walls in tenement houses.
§ 42.	Specifications for sleeping rooms.
§ 43.	Chimneys, fireplaces, etc.
§ 44.	Separating wooden beams, etc., from chimneys, etc.
§ 45.	Smoke pipes.
§ 46.	Hot air pipes, registers, etc.
§ 47.	Dry rooms.
§ 48.	Furnaces and similar appliances.
§ 49.	Vent pipes for gas appliances.
§ 50.	Vent flues.
§ 51.	Theatres.
§ 52.	Safety of design.
§ 53.	Marquees overhanging streets.
§ 54.	Auto repair shops and public garages.
§ 55.	Condemnation of buildings and structures in dangerous condition.
§ 56.	Interpretation of chapter.
§ 57.	To what buildings and structures these regulations apply.
§ 58.	Penalties.

Sec. 1. Definitions.

For the purpose of this chapter the following definitions, terms
and their application 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 chapter 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 cent
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. 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.

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 and
frames, and doors and frame and trim, may be of wood or other
materials when not in violation of the provisions of this chapter.
All structural members of metal shall be protected from fire by a
covering the material of which shall be entirely incombustible, not
injuriously affected by water, and a slow conductor of heat.

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 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.

Established Grade. The grade of the street curb fixed by the
city.

Natural Grade. The undisturbed natural surface of the ground.

Finished Grade. The grade of the exposed surface of the
ground when the proposed structure is completed.

Garage. A building, shed or enclosure, or a part thereof, in
which are housed for any purpose motor vehicles of any kind, designed

for the use of inflammable liquids for fuel or power, when
tanks for such liquids are attached to the machine, whether or not
such tanks contain any inflammable liquids.

Public Garage. Public garages are garages wherein four or
more automobiles or other motor vehicles are stored or kept for
hire or sale, or wherein such vehicles are being repaired or are
stored for repair, or wherein space for the keeping of such vehicles
is rented.

Private Garage. Private garages are garages used by persons
for the storage of their individual vehicles and vehicles owned
and used in the conduct of their business.

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 sleeping rooms.

Incombustible material. A substance which will not burn and
which when heated to a point of disintegration will not support
combustion.

Length of buildings. The greatest horizontal dimension of any
building shall be its length.

Lintel. The beam or girder placed over a door or window opening.

Load. The Dead Load. The actual weight of walls, floors,
roofs, partitions and all other permanent construction.

The Live Load. All imposed, fixed or transient loads, other
than the dead load, 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.

Mortars. 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 fifteen per cent by volume.

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 twenty-five per cent of Portland cement by volume.

Masonry Cement Mortar. Masonry 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 masonry cement to three parts sand by volume.

When masonry cement is used it must be approved by the building
inspector.

Mixing. 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
shall be used for living purposes, excepting only for the janitor
and 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 chapter 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 Wall. A wall which supports any load other
than its own weight.

Curtain Wall. Any non-bearing wall columns and piers which
are not supported by beams or girders at each story.

Division Wall. A bearing wall or non-bearing wall running
between the exterior walls subdividing a building into different
parts.

External Wall. Any other wall or vertical enclosure of a
building other than a party wall.

Fire Wall. A division wall which extends through at least
three feet above the roof, except 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.

Foundation Wall. See "Foundation."

Panel or Inclosure Wall. A non-bearing wall in a skeleton
structure built between columns or piers and supported at each
story.

Partition Wall. See "Partitions."

Parapet. That portion of a wall which extends above the roof
line.

Party Wall. A wall that separates two or more buildings, and
used, or to be used, jointly by separate buildings or owners.

Retaining Wall. A wall designed or built to withstand lateral
pressure of adjoining earth or other material.

Wall Thickness. The minimum thickness as given in this
chapter.

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. (Code 1932, § 494(1).)

Sec. 2. Fire limits.

(a) Congested fire limits. The following are hereby declared to
be the congested fire limits:

Beginning at a point on the north side of Ninth Street, N. E.
150 ft. north of the north margin of High Street, thence by a line
150 ft. north of and parallel to the northern margin of High Street
westerly to a point in the center of an alley about 170 ft. west of
Second Street, N. W., thence in a southerly direction with said
alley to High Street, West, thence in a westerly direction with
High Street, West, to the point where High Street intersects the
projection of a line parallel to and 150 ft. north of the north
margin of Preston Avenue as it runs between Fourth Street and
Third Street, West, thence in a westerly direction with said line
and continuing parallel to and 150 ft. north of the north margin
of Preston Avenue to 10th Street, N. W. to a point 150 ft. south
of the south margin of Grady Avenue, thence in an easterly direction

parallel to and 150 ft. south of the south margin of Grady
Avenue and the south margin of Preston Avenue to the center line
of the present main line of the Southern Railway, thence in a
southerly direction to the center line of the spur formerly the old
main line, thence in a northerly direction along the spur track to a
point 150 ft. south of Preston Avenue, thence in an easterly direction
parallel to and 150 ft. from the south and west margin of
Preston Avenue following the curve thereof to a point 150 ft. north
of the north margin of Main Street, thence in a westerly direction
150 ft. north of and parallel to the north margin of 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 center line of the
C & O Railroad, thence along the center line of the said railroad
to Ridge Street, thence leaving said railroad in a southerly direction
along Ridge Street, thence leaving said railroad in an easterly
direction to First Street thence in a southerly direction with First
Street 150 ft. thence in an easterly direction parallel to and 150
ft. south of the southern margin of Garrett Street to Sixth Street,
thence in a northerly direction to Levy Avenue, thence in an easterly
direction to Avon Street, thence in a northerly direction with
Avon Street, Monticello Road and Seventh Street, East, to a point
150 ft. south of the southern margin of Market Street, thence in
an easterly direction parallel to and 150 ft. south of Market Street,
East, to the intersection of this line with the line of the west side
of Ninth Street, N. E., projected, thence in a northerly direction
with the line of the west margin of Ninth Street, projected, as
aforesaid to the beginning.

(b) General fire limits. The following are hereby declared to
be the general fire limits:

Beginning on the Ivy Road at the western end of the limits of
the city, thence following the limits of the city 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, 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 Road in a westerly direction
to Meade Avenue, thence along 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, 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, thence following the corporate
limits of the city as established in 1916 by the annexation to the
point of the beginning. (Id., § 494(2); Ord. April 20, 1942.)

Sec. 3. Building inspector—Appointment; 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. (Code 1932, § 494(3).)

Sec. 4. Same—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.
(Id., § 494(4).)

Sec. 5. Same—Not to engage in construction business.

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. (Id.)

Sec. 6. Same—Right of entry; obstructing.

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 preventing the building inspector from entering any
building or premises in the performance of his official duties, or
obstructing or hindering him in the performance of such duties,
shall be punished as provided in section 58 of this chapter. (Code
1932, § 494(49).)

Sec. 7. Survey showing street lines.

Whenever any person proposes to erect any house, wall, structure
or fence, or addition thereto within the corporate limits, such
person 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.
(Id., § 494(5).)

Sec. 8. Permits—When required.

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 his authorized
agent, and it shall be unlawful for any person to begin the erection,
construction or alteration of any such structure or part thereof
until a proper permit has been issued therefor. (Id., § 494(6).)

Sec. 9. Same—Form and contents of applications.

Application shall be made on forms furnished by the building
inspector which shall contain such information as he may require,
and said application shall be accompanied by such 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. (Id.)

Sec. 10. Same—For moving buildings.

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. (Id.)

Sec. 11. Same—Estimated cost for determining fees.

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 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.

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. (Id.)

Sec. 12. Same—Fees; adjustment of fees upon completion
of work.

No permit required hereunder for erection, construction or
alteration of a building or structure shall be issued unless the
proper fee accompanies the application; the fees for permits issued
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

Such permit shall be issued upon payment of a fee based upon
the estimated cost, and upon completion of the work for which
permit is issued an accurate statement of the cost thereof shall be
furnished by the party to whom the permit was issued to the building
inspector and thereupon adjustment of the difference between
the fee properly chargeable based on actual cost, and the fee paid
based on estimated cost shall be made. If the actual cost exceeds

the estimated cost, the party to whom the permit is issued shall
pay the difference due by him and if the actual cost be less than
the estimated cost, the city auditor is hereby authorized to refund
to the person by whom the estimated fee was paid such portion
thereof as constitutes an overpayment. (Id.; Ord. July 13, 1943.)

Sec. 13. 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. (Code 1932, § 494(7).)

Sec. 14. Grade and line of sewer.

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. (Id., §
494(6).)

Sec. 15. Grade of streets and sidewalks.

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. (Id.)

Sec. 16. Certificates of occupancy.

Upon the completion of such buildings, structures or alterations,
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. (Code 1932, §
494(8).)

Sec. 17. Foundation.

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 inches, or the finished grade of a lot if the building
does not immediately join the sidewalk. Except that frame
dwellings costing two thousand dollars or less may be constructed
upon wood, concrete or masonry posts.

The foregoing paragraph shall not apply to sheds, private
garages with space for not more than four vehicles, barns, poultry
houses and other similar structures, costing one thousand dollars
or less. (Id., § 494(9).)

Sec. 18. Walls, cornices and roofs required within 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.
(Id., § 494(10).)

Sec. 19. Permissible wooden structures within 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) Outhouses 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 enclosed porches with a floor space not exceeding
one hundred square feet may be added to existing frame structures.
(Id., § 494(11).)

Sec. 20. 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. (Id., § 494(12).)

Sec. 21. Buildings required to be fireproof.

All buildings erected, altered or remodeled, for the use of a
coffee roaster, bakery, dry cleaning establishment, laundry, theatre,
school if over one story and basement in height, hotel if over two
stories and basement in height, shall be of fireproof construction.

All buildings over fifty-five feet or four stories in height shall
be of fireproof construction, except that this shall not apply to
domes, towers or spires of churches or of other public buildings.

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.

All buildings erected, altered or remodeled, for the use of a
public garage shall be of fireproof construction with the exception
of one-story public garages which conform to the following minimum
requirements:

A ceiling height of at least twelve feet; a roof constructed of
unprotected steel trusses or girders covered with a roof sheeting
at least one and three quarters inches thick with an incombustible
roof covering; if of wooden truss or joist construction, no timber
less than two inches in dimension shall be used and the ceiling shall
be protected with metal or metal lath and cement plaster. In either
case when the ceiling is protected as aforesaid, the roof sheeting
shall be of not less than one inch lumber with an incombustible
covering; full height wood partitions will not be permitted, but
any office enclosure shall be made of not less than seven-eighth
inch wainscoting to a height not exceeding three feet six inches;
wood sash and plain glass may be used for the balance of the enclosure;
stud partitions may be used provided they are covered on
both sides with metal or metal lath and cement plaster.

The foregoing restrictions and requirements in this section shall
apply to all buildings specified therein erected, altered or remodeled
after the fifteenth day of July, 1932, but all buildings erected,
altered or remodeled prior to said date shall be altered or remodeled
in accordance with such restrictions and building regulations
as may be approved by the city manager, provided that the
same shall at least comply with the minimum requirements of the
last regulations of the National Board of Fire Underwriters.
(Id., § 494(13); Ord. Oct. 25, 1934.)

Sec. 22. 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. (Code 1932, § 494(14).)

Sec. 23. Limits of height and area.

(A) Height. Except as specified in section 39 of this chapter,
no building hereafter erected within the corporate limits, having

walls of hollow terra-cotta or concrete blocks, shall exceed three
stories, or forty feet in height.

(B) Area. The floor area between fire walls of non-fireproof
buildings shall not exceed the following: When fronting on one
street, seventy-five hundred square feet; when fronting on two
streets, ten thousand square feet; and when fronting on three
streets, twelve thousand square feet. These area limits may be
increased under the following conditions as indicated:

(1) For buildings of only one story in height, thirty-three and
one-third per cent.

(2) For non-fireproof buildings, fully equipped with approved
automatic sprinklers, sixty-six and two-thirds per cent.

(3) For fireproof buildings, not exceeding one hundred twenty-five
feet in height, fifty per cent.

(4) For fireproof buildings not exceeding one hundred twenty-five
feet in height fully equipped with approved automatic sprinklers,
one hundred per cent. (Id., § 494(15); Ord. March 15,
1937.)

Sec. 24. Walls.

For the purpose of determining wall thickness as specified in
this section, basements and sub-basements shall be considered as
stories.

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 inches thick except
panel walls, non-load bearing and in dwelling house class.

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 feet in height, shall have the
upper two stories not less than twelve inches thick, increasing four
inches in thickness for each two stories or fraction thereof below.

For all walls of buildings of the dwelling house class the upper
two stories shall be not less than eight inches thick, increasing four
inches in thickness for each two stories or fraction thereof below,
excepting that gable walls shall not necessitate an increase in wall
thickness.

Panel walls in skeleton construction must be of masonry laid in
cement mortar or masonry cement if approved and shall be at
least eight inches thick where the vertical distance between girders
does not exceed ten feet and shall be increased four inches for each
ten feet or fraction thereof that the said vertical distance exceeds
ten feet.

Curtain walls must be of masonry laid in cement mortar or
masonry cement mortar if approved and shall be not less than
twelve inches thick, increased four inches for every additional section
of three stories or forty-five feet. They shall be anchored to
the framing at each floor level, anchors spaced not more than six
feet apart horizontally.

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 inches thick in
the upper two stories or upper thirty feet, increasing four inches
in thickness for each two stories or fraction thereof below. All
other fire walls shall be not less than twelve inches thick in the
upper four stories for upper fifty feet, increasing four 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.

Reinforced stone or gravel concrete walls, with the steel reinforcement
running both horizontally and vertically and weighing
not less than one-half pound per square foot of wall, may have a
thickness four inches less than that prescribed for brick walls.

Walls built of rubble stone shall be increased one-third inch in
thickness over that required for brick walls under similar circumstances.

Parapets shall be provided on all fire walls, party walls and exterior
walls of masonry or reinforced concrete, where such walls
connect with roofs other than roofs of fireproof construction; provided,
that a parapet shall not be required for a wall facing on a
street having a width of fifty feet or more, which are finished with
incombustible cornices, gutters or crown mouldings, nor on a wall
of a building the roof of which is ten feet lower than the roof of
a building adjoining or adjacent to such wall, nor on the walls of a
detached dwelling, nor on the walls of a building which is fifty feet

or more distant in all directions from other buildings. A parapet
wall when required shall extend the full thickness of the top story
to at least three feet above the roof at all points and shall in all
cases be properly capped.

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.

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 or solid
blocks, or metal lath and Portland cement plaster on metal studding,
or other equivalent incombustible construction. (Id., §
494(16); Ord. May 20, 1935.)

Sec. 25. 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. (Id.,
§ 494(17).)

Sec. 26. Steel construction.

Where structural steel is used in construction it shall be in accordance
with the latest regulations of the American Institute of
Steel Construction. (Id., § 494(18).)

Sec. 27. 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
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 inches for this purpose. The ends of the wooden beams
which enter walls shall be cut to a bevel to make them self-releasing.
(Id., § 494(19).)

Sec. 28. Protection of wall openings.

If an 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 square feet in area, and a self-closing door shall be substituted
for one of the automatic fire doors.

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 a street not less than
thirty feet wide or where no other building is or can be built within
thirty feet of such opening and excepting show windows.
Where glass is used for such openings, same shall be wired glass
and in accordance with the requirements of the National Board
of Fire Underwriters.

Occupants of buildings shall close all exterior and interior fire
doors, fire shutters and fire windows at the close of business each
day. (Id., § 494(20).)

Sec. 29. Stairway and elevator shafts.

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 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 inches thick, no brick
partition less than eight inches thick. The stairways and landings
shall be constructed entirely of fireproof material.

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.

Doors opening into stairway shafts shall swing in the direction
of exit travel, shall be self-closing and shall be at least thirty-six
inches wide.

The enclosure walls for all elevator shafts shall extend at least
three 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. (Id., § 494(21).)

Sec. 30. Skylights, windows, etc., 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 supports
and be placed not less than six inches above the skylight. 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 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. (Id., § 494(22).)

Sec. 31. Fire escapes.

It shall be the duty of the owner of every factory, workshop,
mill, saw-mill, 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, 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 of any building upon which a fire escape is erected
shall keep the same in good repair and properly painted.

No fire escapes to buildings hereafter erected shall be constructed
over any sidewalk or street.

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 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
fireproof passage leading to a street, and the other opening to a
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.
(Id., § 494(23).)

Sec. 32. 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 three-fourths inch in thickness, and if any glass measures
more than sixteen square inches there shall be a rigid wire mesh
either in the glass or under it. (Id., § 494(24).)

Sec. 33. Roof covering; condemning wood shingle roofs.

All buildings shall be covered with material equal to class "C" as
specified by the National Board of Fire Underwriters.

If a wood shingle roof is damaged by a fire more than fifty 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. (Id., §
494(25).)

Sec. 34. Roof openings.

All openings in roofs for the admission of light or air other than
those provided for in section 30 of this chapter 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 section 27 of this chapter. (Id., § 494(26).)

Sec. 35. Means of egress required.

The term "floor area" as used in this section shall mean the entire
floor space between exterior walls and fire walls.

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 an enclosed stairway as provided by section 29 of this chapter,
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 section 28 of this chapter. No portion of any floor
area shall be more than one hundred feet from a place of egress.
Where two means of egress are required in this section, one may
be omitted if fireproof construction is used as specified in section
29 of this chapter. Elevators shall not be considered as a means of
egress as specified in this section.

Except in dwellings, no required stairway shall be less than
forty-four 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.

The total width of stairway, interior and exterior, provided for
the occupancy of each floor and those above, shall be not less than

forty-four inches for the first fifty persons, and twelve inches for
each additional fifty persons to be accommodated thereby. The
stair treads shall be not less than nine and one-half inches wide,
and the risers not more than seven and three-quarters inches high.

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 to buildings used primarily for Sunday school
purposes without the congested fire limits.

All exit doors in schools, hospitals, theatres and other places of
public assemblage shall open outward and all existing structures
of this class shall conform thereto.

All stairways, fire escapes, elevator shafts and similar appurtenances
that 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 means of ingress
or egress, except as an additional means of 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. (Id., § 494(27).)

Sec. 36. 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 inches above
each floor level. Stair carriages shall be fire-stopped at least once
in the middle partition of each run. (Id., § 494(28).)

Sec. 37. Areaways.

Areaways constructed under any street shall not extend into the
same more than fifty 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 two hundred pounds per square foot; the
open spaces between the bars or other members shall not exceed
five-eighth 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 the owner. Said
agreement shall be recorded in the clerk's office of the corporation
court of this city at the expense of the owner. (Id., § 494(29).)

Sec. 38. Prohibited location for dwelling houses.

No dwelling house or sleeping quarters shall be placed over, or
be connected directly with a stable, barn, haymow, public garage,
dry cleaning establishment, planing mill, carpenter shop, paint
shop or filling station; provided, that the same may be permitted
if the equipment used therein is approved by the National Board
of Fire Underwriters. (Id., § 494(30); Ord. Aug. 6, 1934.)

Sec. 39. Construction of frame buildings.

No frame building hereafter erected or altered shall exceed two
stories in height, except that private dwellings may be three stories
high.

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—seventy-five hundred square feet.

Two story building—five thousand square feet.

In no case shall the extreme projection of a frame building be
erected within five feet of the side or rear lot line, nor within ten
feet of another building on the same lot, unless the space between
the studs on such side be filled solidly with not less than two and
one-half inches of brick work or other equivalent incombustible
material, in which case said distances may be reduced to three feet.

Rows of frame tenement houses are prohibited. Duplex or
double frame houses shall be permitted.

Buildings with wooden framework clad with sheet metal, or
veneered with brick, shall be classed as frame buildings.

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 standing, with studs set the four-inch
way for thickness of walls. The exterior of the framework of all
dwellings shall be sheathed with sheathing not less than three-fourths
inches thick. In case 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 chapter. 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 one-half
inch thick placed not more than sixteen inches on centers.

All floors of wood construction in dwellings shall be constructed
of not less than two by eight 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 feet in length that butt
into trimmers shall be carried on metal joist hangers or mortised
and tenoned headers and trimmers. There shall be at least one

horizontal row of two by four pieces in each story to provide a fire
stop closing off the entire space between studding. (Code 1932,
§ 494(31).)

Sec. 40. Joists and floor loads.

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 sixty pounds to a square foot using
seasoned short leaf yellow pine lumber.

Maximum Span for Floor Joist

                                     

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″

In all buildings hereafter erected, altered, or repaired (where
such alterations or repair, in the judgment of the building inspector
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, mains floors of theatres, ballrooms, 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 fifty per cent shall be made for floors carrying
moving or travelling machinery. (Id.)

Sec. 41. Fire walls in tenement houses.

In rows of tenements constructed of brick or other similar material
there shall be a twelve-inch fire wall between each two units.
(Id.)

Sec. 42. Specifications for sleeping rooms.

In all buildings every sleeping room shall be provided with a
window 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.

The windows of every sleeping room shall be arranged to open
to the extent of one-half their area.

In every building every sleeping room shall be, for at least two-thirds
of its area, not less than seven feet high from the finished
floor to the finished ceiling, and shall be not less than seven feet in
width at its narrowest point, and have an area of not less than
seventy square feet, except that in hotels the area shall not be less
than eighty square feet. (Code 1932, § 494(32).)

Sec. 43. Chimneys, fireplaces, etc.

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 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 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 one inch shall be left between the concrete
and flue lining.

No chimney shall be corbeled out more than eight inches from
a brick wall, and such corbeling shall consist of at least five courses
of brick.

All chimneys shall be capped with terra cotta, brick, stone, concrete
or cast iron.

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 inches thick, and the inside
four inches of such walls shall be fire brick, laid in fire clay mortar,
for a distance of at least twenty-five feet from the point where the
smoke connection of the boiler enters the flue.

The top of, or any openings in, a chimney shall be at least three
feet above the nearest partition of the roof.

No chimney in any building shall have wooden supports of any
kind. Supports shall be incombustible and shall rest upon the
ground or the foundation on approved mortar stumps.

All chimneys which are dangerous from any cause shall be repaired
and made safe or taken down.

Metal smokestacks 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 inches
unless the combustible material be properly guarded by loose-fitting
metal shields, in which case the distance shall not be less than
twelve inches. Where such stack passes through a roof, it shall be
guarded by a galvanized iron ventilating thimble extending from
at least nine inches below the under side of the ceiling or roof
beams to at least nine inches above the roof, and the diameter of
the ventilating thimble shall be not less than thirty-six inches
greater than that of the smokestack.

The fireback of every fireplace hereafter erected shall be not
less than eight inches in thickness of solid brickwork, nor less than
twelve inches of stone lined with firebrick. When a grate is set
in a fireplace a lining of firebrick at least two inches in thickness
shall be added to the fireback; soapstone, tile or cast iron may be
used, if solidly backed with brick or concrete.

The walls of all incinerators connected with buildings shall be
not less than eight inches thick, the inside four inches of which
shall be constructed of standard well-burned firebrick.

All flue holes when not in use shall be closed with tight-fitting
metal covers. (Id., § 494(33).)

Sec. 44. Separating wooden beams, etc., from chimneys,
etc.

No wooden beams or joists shall be placed within two inches of
the outside face of chimney or flue, whether the same be for
smoke, air or any other purpose.

No wooden furring or studding shall be placed against any
chimney. The plastering shall be directly on the masonry, or on
metal lathing and furring.

Woodwork fastened to plaster which is against the masonry of
a chimney shall have a layer of asbestos board at least one-eighth
inch thick placed between the woodwork and the plaster. (Id., §
494(34).)

Sec. 45. Smoke pipes.

No smoke pipe shall be within six inches of any woodwork, or
any wooden lath and plaster partition or ceiling.

Where smoke pipes pass through a wooden lath and plaster
partition, they shall be guarded by galvanized iron ventilated
thimbles at least twelve inches larger in diameter than the pipes,
or by galvanized iron thimbles built in at least eight 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 43 of this chapter.
(Id., § 494(35).)

Sec. 46. Hot air pipes, registers, etc.

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 inches from any woodwork, unless the
woodwork be covered with loose fitting tin or metal plate, or the
pipe be covered with at least one-half inch of asbestos, or in which
latter case the distance from the woodwork may be reduced to not
less than three inches.

No hot air pipe shall be placed in a wooden stud partition or any
wooden enclosure unless it be at least five feet horizontal distance
from the furnace.

Every hot air furnace shall have at least one register without
valve or louvre.

A register box placed in the floor over a pipeless furnace shall
have an open space around it of not less than four inches on all
sides, and be supported by an incombustible border.

Hot air registers placed in any woodwork or combustible floors
shall be surrounded with borders of incombustible material not
less than two inches wide, securely set in place.

The register boxes shall be of metal, and be double; the distance
between the two shall be not less than one inch, or they may be
single if covered with asbestos not less than one-eighth inch in
thickness and if all woodwork within two inches be covered with
tin.

Cold air ducts for hot air furnaces shall be made of incombustible
material. (Id., § 494(36).)

Sec. 47. Dry rooms.

All dry rooms shall be constructed in accordance with the latest
regulation of the National Board of Fire Underwriters. (Id.,
§ 494(37).)

Sec. 48. Furnaces and similar appliances.

Any woodwork, wooden lath and plaster partition or ceiling
within four feet of the sides or back, or six 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 feet above the
floor. This covering shall extend the full length of the boiler,
furnace or heating appliance, and to at least five feet in front of it.
Metal shields shall be loosely attached, thus preserving an air space
behind them. In no case shall such combustible construction be
permitted within two feet of the sides or back of the heating appliance,
or five feet in front of same.

No furnace, boiler, range or other heating appliance shall be
placed against a wall furred with wood.

Heating boilers shall be encased on sides and top by an incombustible
protective covering not less than one and one-half inches
thick. Except that this shall not be necessary when approved by
the building inspector.

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 antisyphon
valve. (Id., § 494(39).)

Sec. 49. Vent pipes for gas appliances.

All gas water-heaters shall be equipped with vent pipes discharging
into flues or into the open air on the outside of the building.
If the superintendent of the gas department deems it necessary, he
may require similar vent pipes from other gas appliances. Appliances
requiring vent pipes shall be equipped with a draft hood.
This section shall not apply to heaters or gas appliances heretofore
installed. (Ord. June 18, 1934.)

Sec. 50. 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. (Code 1932,
§ 494(42).)

Sec. 51. Theatres.

No building shall be erected, altered or added to for the purpose

of converting same into a theatre, opera house or for the use by a
motion picture show, unless it conforms to the latest regulations
of the National Board of Fire Underwriters. (Id., § 494(43).)

Sec. 52. Safety of design.

All parts of every building or structure shall be designed to
safely carry the loads to be imposed thereon, and shall in all other
respects conform to good engineering practice. (Id., § 494(44);
Ord. Jan. 16, 1939.)

Sec. 53. Marquees overhanging streets.

Any person desiring to erect a marquee overhanging any sidewalk
or street 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 one dollar has been paid to the city collector.

Marquees erected under the authority of this section 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 thick, 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 above the
sidewalk or street 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 other supports, placed in the street or
sidewalk will not be permitted.

In every case the safety of design and construction must be approved
by the building inspector.

If the marquees are lighted, only electric lights shall be used and
all electric wiring must be in accordance with the latest regulations
of the National Board of Fire Underwriters for electric wiring.
(Id., § 494(45); Ord. May 1, 1933.)

Sec. 54. Auto repair shops and public garages.

Within the congested fire limits of the city no future auto repair
shop or public garage shall be located in a frame building.

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 chapter 10.

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.

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.

No frame building used for either of the purposes specified shall
connect with another frame building.

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.
(Code 1932, § 494(46).)

Sec. 55. Condemnation of buildings and structures 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. (Id., § 494(47).)

Sec. 56. Interpretation of 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. (Id., § 494(48).)

Sec. 57. To what buildings and structures these regulations
apply.

This chapter of the code shall apply to future building operations
and new buildings to be erected within the corporate limits,
and nothing herein contained shall be deemed to have a retroactive
effect or operation unless clearly indicated.

Sec. 58. Penalties.

Every violation of any of the provisions of this chapter shall
be punished by a fine of not less than five dollars nor more than
twenty-five dollars for each offense and each day such violation
continues shall constitute a separate offense. 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 chapter,
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. (Id., §
494(50).)

CHAPTER 8.

City Planning.[8]

           

§ 1.	City planning commission established.
§ 2.	Members of commission; appointment and term; compensation; vacancies.
§ 3.	Chairman and vice-chairman of commission; secretary.
§ 4.	Meetings of commission; adoption of rules; keeping records.
§ 5.	Powers and duties of commission.
§ 6.	Subdivisions of property to be approved by commission.

Sec. 1. City planning commission established.

There is hereby created and established, pursuant to Chapter
88 of the Acts of General Assembly of 1934,[9] a planning commission
for the city, which shall be known as the city planning commission.
(Ord., Aug. 7, 1944.)

Sec. 2. Members of commission; appointment and term;
compensation; vacancies.

The commission shall consist of seven members, all of whom
shall be appointed by the mayor and shall serve without compensation.
One of said members shall be a member of the council and
one of said members shall be either the city manager or the city
engineer, as the mayor shall designate. The remaining members
shall be qualified voters of the city who hold no other municipal
office. All members of the board shall be appointed for a term of
four years except the member from the council and the city manager
or the city engineer, as the case may be, whose terms as members
of the commission shall correspond to their respective official
tenures; provided, however, that the term of office of the first appointees
to the commission shall expire on August 31, 1948.

Vacancies occurring otherwise than through the expiration of
the term of a member shall be filled by appointment by the mayor
for the unexpired term. (Id.)

Sec. 3. Chairman and vice-chairman of commission;
secretary.

As soon as practicable after this chapter becomes effective the
members of the commission shall meet and shall elect from their
number a chairman and vice-chairman, who shall serve as such
for a term of one year and shall be eligible for re-election. They
shall also select a secretary who need not be a member of the commission,
but shall serve without compensation unless and until
payment or compensation shall have been expressly authorized by
the council. (Id.)

Sec. 4. Meetings of commission; adoption of rules; keeping
records.

The commission shall hold at least one regular meeting in each
month, and shall adopt such rules and regulations for the transaction
of its business as it may deem necessary, and shall keep a
written record of its resolutions, transactions, findings and determinations.
(Id.)

Sec. 5. Powers and duties of commission.

The city planning commission shall have such powers and perform
such duties as are set forth in Chapter 88 of the Acts of the
General Assembly of Virginia of 1934.[10]

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

Sec. 6. Subdivisions of property to be approved by commission.

Any person intending to subdivide for the purpose of selling

any land within the city, as to which no plan has been heretofore
adopted by the commission, shall submit to the commission the
plan for such subdivision, including the layout of streets, location
and size of gas, water and sewer lines, and if lots be sold in such
subdivision according to any plat or plan not so submitted and approved
by the commission, the city shall be under no obligation to
furnish water and gas to occupants of said lots, nor shall the city
accept dedication of any street in such subdivision. (Id.)

CHAPTER 9.

Courts.[11]

Article I. Civil and Police Justice.

                   

§ 1.	Election, term and qualifications.
§ 2.	Jurisdiction; powers and duties.
§ 3.	When court open for business; vacation period.
§ 4.	Compensation.
§ 5.	Fines, costs and trial fees; accounting.
§ 6.	Collection and use of fines.
§ 7.	Imprisonment upon non-payment of fine.
§ 8.	Substitute civil and police justice.
§ 9.	Courtroom, office and supplies.
§ 10.	Bailiff and clerk of court.

Article II. Juvenile and Domestic Relations Court.

       

§ 11.	Appointment and term of judge.
§ 12.	Jurisdiction and duties.
§ 13.	Compensation of judge.
§ 14.	Accounting for fines and fees.

Article I. Civil and Police Justice.[12]

Sec. 1. Election, term and qualifications.

The election, term, qualifications, oath and bond of the civil and

police justice shall be as fixed by the state law. (Code 1932,
§ 198.)

Sec. 2. Jurisdiction; powers and duties.

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 are provided by the state law. (Id.,
§ 199.)

Sec. 3. When court open for business; vacation period.

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. (Id., § 200.)

Sec. 4. 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. (Id., § 201.)

Sec. 5. Fines, costs and trial fees; accounting.

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 to said civil and
police justice a trial fee of fifty cents for one hundred dollars of
value or fraction thereof, claimed in such warrant. The trial fee
shall be taxed as part of the costs.

In all criminal cases heard on warrant by the civil and police
justice, there shall be taxed as a part of the costs a trial fee of
one dollar.

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 director of finance daily, all
trial fees and civil and criminal costs except that all fines collected
for convictions under the state law shall be reported and paid to
the clerk of the corporation court, as is provided by state law.
(Id., § 202; Ord., June 18, 1934.)

Sec. 6. Collection and use 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 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. (Code 1932, § 203.)

Sec. 7. Imprisonment upon non-payment of fine.

Anyone 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 two months. (Id.,
§ 204.)

Sec. 8. 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 are provided by the state law. (Id., § 205.)

Sec. 9. Courtroom, office and supplies.

The city manager is directed to furnish the civil and police justice,
at the expense of the city, with a courtroom, an office and all
necessary furniture, books and stationery, which shall be under the
control of the civil and police justice but shall remain the property
of the city. (Id., § 206; Ord. May 17, 1937.)

Sec. 10. Bailiff and clerk of 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 director of finance 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 173 of chapter 2. (Code 1932, § 207.)

Article II. Juvenile and Domestic Relations Court.

Sec. 11. Appointment and term of judge.

The judge of juvenile and domestic relations court of the city
shall be appointed at such time, and in such manner and for such
term of office and by such authority as is or may be provided for
by the laws of the State of Virginia. (Id., § 251.)

Sec. 12. Jurisdiction and duties.

The judge of juvenile and domestic relations court shall have
such duties and jurisdiction as may be prescribed by the laws of
the State of Virginia. (Id.)

Sec. 13. Compensation of Judge.

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. (Code
1932, § 252.)

Sec. 14. Accounting for fines and fees.

All fines or fees collected for violation of any city ordinance
shall be accounted for and paid by the judge on or before the
tenth day of each month to the director of finance. (Id., § 253.)

CHAPTER 10.

Electrical Code.[13]

                                                                   

§ 1.	City electrician—Appointment; compensation; bond.
§ 2.	Same—Powers and duties generally.
§ 3.	Same—Not to engage in electrical business.
§ 4.	Same—Right of entry; obstructing.
§ 5.	Only registered electrician to make installations, etc.; helpers.
§ 6.	Engaging in electrical business for the general public—License and registration required; examination; fee.
§ 7.	Same—Bond required.
§ 8.	Same—Liability for damages resulting from violation of chapter.
§ 9.	Registration of electricians; type of work authorized.
§ 10.	Permits for installations or alterations—Individual permits — Form and content of application; issuance.
§ 11.	Same—Same—For others than employees.
§ 12.	Same—Same—Upon undertaking work started by another.
§ 13.	Same—Same—Fees.
§ 14.	Same—Annual permits; application; records to be kept; expiration; fees.
§ 15.	Inspections—When required; uncovering concealed work.
§ 16.	Same—Notice to city electrician; certificate of approval; connection certificates, etc.
§ 17.	Same—Additional inspections.
§ 18.	Temporary installations and wiring.
§ 19.	Requirements for installations generally.
§ 20.	Standard for general electrical construction.
§ 21.	Authorization of special wiring methods.
§ 22.	Use of metal conduit or armored metal cable; authorizing use of surface metal raceway, etc.
§ 23.	Use of rigid conduit service.
§ 24.	Wiring in buildings being remodeled.
§ 25.	Installation of radios and antennas.
§ 26.	Sale of materials and appliances—Approval by city electrician; provisional approval.
§ 27.	Same—Selling unapproved appliances, etc.
§ 28.	Same—Devices and equipment deemed approved for sale.
§ 29.	Same—Trademarks, identification, etc.
§ 30.	Dead wires; unsafe poles, wires, etc.
§ 31.	Poles.
§ 32.	Electrical construction in streets.
§ 33.	Use of poles for city wires.
§ 34.	Penalty.

Sec. 1. City electrician — Appointment; 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. (Code 1932, § 493(2).)

Sec. 2. Same—Powers and duties generally.

The city electrician shall be charged with the duty of enforcing
the laws of the city relating to electricity. He shall also perform
such other duties as the city manager may assign to him.

He shall inspect all buildings in the course of erection, alteration
or repair for the purpose of seeing that the laws and ordinances
covering electrical work are complied with.

Upon being notified by an electrical contractor engaged in work
for which he has received a permit, the city electrician shall
promptly examine such work, and shall approve or condemn it,
ordering the removal of any defective or illegal material, or any
electrical work failing to comply with the provisions of this
chapter.

The city electrician or his authorized assistant shall issue all
permits for electrical work and issue the required approval certificate
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 violating any of the provisions
of the city code relative to electricity. (Id., § 493(3).)

Sec. 3. Same—Not to engage in electrical business.

The city electrician shall not engage in the electrical business
or any other business pertaining thereto, or be interested either directly
or indirectly in any firm or corporation engaged in said
lines of business during his term of office. (Id.)

Sec. 4. Same—Right of entry; obstructing.

The city electrician or his duly authorized representative is
hereby authorized and empowered to enter upon any building
or premises in the city for the purpose of seeing that the laws,
rules and regulations in regard to electrical installations are complied
with. Any person preventing the city electrician or his duly
authorized representative from entering any building or premises
in the performance of his official duties or obstructing or hindering
him in the performance of such duties shall be punished as provided
in section 34. (Code 1932, § 493(13).)

Sec. 5. Only registered electrician to make installations,
etc.; helpers.

Only a registered electrician shall be allowed to make any electrical

installations or alterations (except radio and antenna as provided
in section 25 of this chapter); 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. (Id., § 493(6).)

Sec. 6. Engaging in electrical business for the general
public—License and registration required; examination;
fee.

No person, firm or corporation shall be licensed to make installations
of electrical systems for the general public 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 who has been trained as aforesaid. Any person, firm or
corporation about to engage in the electrical business or the intallation
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, has successfully passed a written
examination as to his knowledge of standard electrical practices
based on the provisions of this code and the current National Electrical
Code, 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. A fee of ten dollars shall be paid for such
examination and the issuance of said certificate, independent of
the city license tax. Said fee shall be paid in advance of the examination.
(Id., § 493(4); Ord. Jan. 5, 1942.)

Sec. 7. Same—Bond required.

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 one thousand dollars to indemnify
and save harmless the city, its citizens, residents and

property owners against any and all loss by reason of his failure
to comply with the requirements of this chapter, or for neglect or
carelessness in his work and conditioned further, that should any
such work be defective or incomplete and such person, firm or
corporation 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.
(Id.)

Sec. 8. Same—Liability for damages resulting from violation
of chapter.

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 may be corrected by the city manager
and cost thereof and twenty per cent 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
revocation of his license to do business. (Id.)

Sec. 9. Registration of electricians; type of work authorized.

A person not registered as an electrical contractor under sections
6 to 8 of this chapter who has had at least two years apprenticeship
in the electrical trade and has successfully passed an examination,
either oral or written, as to his knowledge of standard electrical
practices based on the provisions of this chapter and the
current National Electrical Code, may be registered as an electrician,
and such registered electrician may do electrical work as
follows:

(1) Under the supervision of a registered electrical contractor,
or

(2) On the premises of a person or firm by whom he is regularly

employed as an electrician, and who has secured a permit
upon application to the city electrician to have electrical work done
by a regularly employed registered electrician, or

(3) Such registered electrician employed on a full time basis
by a dealer in electrical appliances may install and connect such
appliances to suitable outlets installed by an electrical contractor.

A fee of two dollars and fifty cents shall be paid for such examination
and issuance of such certificate.

Sec. 10. Permits for installations or alterations — Individual
permits — Form and content of application;
issuance.

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. (Code 1932, § 493(6).)

Sec. 11. Same—Same—For others than employees.

It shall be unlawful for any electrical contractor to take out permits
for any person not in his employ. (Id.)

Sec. 12. Same—Same—Upon undertaking work started
by another.

Any electrical contractor 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. (Id.)

Sec. 13. Same—Same—Fees.

The following fees shall be paid to the city for each permit issued
by the city electrician for the installation or alteration of wiring

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
7 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 one hundred outlets, twenty-five cents for every ten outlets
or any fraction thereof. Fees on electrical lighting fixtures shall
follow the same schedule as listed above.

Alteration to existing wiring systems.

For each alteration to an existing wiring system the permit fee
shall be twenty-five cents.

Motor wiring and motor installations.

           

Motor Rating				Fees
0	to	¼	H.P. portable	No permit required
0	to	1	H.P. not inclusive	$0.50
1	to	5	H.P. inclusive	1.00
6	to	15	H.P. inclusive	2.50
16	to	25	H.P. inclusive	4.00

Motor wiring and equipment other than motor, fifty cents per
outlet at motor base, providing permits for motor installations are
not secured at the starting of construction.

Over 25 H.P., twenty-five cents for every 5 H.P. or any fraction
thereof, additional, provided that no fee shall be in excess of
ten dollars for any individual motor installation.

When one or more motors are under the same roof a permit
shall be required to cover each individual motor and the wiring
thereof, on the basis of its name plate rating, unless one permit
is secured to cover the complete motor installation, listing each
unit. For each motor in excess of three in any one size in a single
installation, the fee shall be one-half of the fee hereinabove provided.

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.

Ranges and water heaters.

       

Permit fee for range wiring	$1.25
Permit fee for water heater wiring	0.50
Permit fee for connection of electric range	0.75
Permit fee for connection of electric water heater	0.50

(The above permits shall be secured by the electrical contractor
doing the work.)

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 section. In case of neon signs and marquees each lighted

letter and each three feet of tubing, other than letters, shall be
considered as one outlet.

Radio antennas.

 

Per permit

$0.50

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. (Code 1932, § 493(7); Ords.
Oct. 3, 1932, Jan. 15, 1934, Nov. 3, 1941.)

Sec. 14. Same—Annual permits; application; records to
be kept; expiration; fees.

In lieu of an individual permit for each installation or alteration,
an annual permit shall, upon application thereof, be issued to
any person, firm or corporation regularly employing one or more
electricians for the installation, alteration and maintenance of electrical
equipment in or on buildings or premises owned or occupied
by the applicant for the permit. The application for this annual
permit shall be made in writing to the electrical inspector and shall
contain a description of the premises on which work is to be done
under the permit.

The person, firm or corporation to which an annual permit is
issued shall keep a record of all electrical equipment installed
under said permit, and the electrical inspector shall have access to
such records. Each annual permit shall expire on December 31
of the year in which it was issued.

No fee shall be required for an annual permit, but upon inspection
by the city electrician of the work done thereunder, the holder
of such annual permit shall pay the fees which would have been
payable for the issuance of individual permits for each item of
work done.

Sec. 15. Inspections—When required; uncovering concealed
work.

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.
(Code 1932, § 493(8).)

Sec. 16. Same—Notice to city electrician; certificate of
approval; connection certificates, etc.

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 completed.
In case the permit calls for a lighting or 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. (Id.)

Sec. 17. Same—Additional inspections.

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
one dollar for each such inspection may be charged at the discretion
of the city manager. (Id.)

Sec. 18. Temporary installations and wiring.

The installation of an electrical appliance for sales purposes
only shall be deemed a temporary installation of the appliance. No
inspection or fee shall be required; but the person, firm or corporation
making the said temporary installation shall notify the city
electrician of the same. After a period not greater than ten days,
the city electrician shall require that the appliance be either disconnected
or permanently wired and installed, the necessary permits
obtained, and the proper inspection made.

Temporary or decorative wiring for show windows, exhibitions,
conventions, circuses, carnivals, entertainments, etc., may
be made. The term of such temporary wiring shall not be greater
than ten days, except upon written approval of the city manager.
A regular inspection shall be required on such temporary wiring,
and a fee of one-half the regular rate as set forth above shall be
charged. (Id.)

Sec. 19. Requirements for installations generally.

All installations of electrical wiring or any type of electrical appliance
or fixture, shall be made in accordance with the most approved
methods of electrical construction with due regard to the
safety of life and property, and in a most workmanlike manner.
(Code 1932, § 493(1); Ord. Oct. 3, 1932.)

Sec. 20. Standard for general electrical construction.

Where no specific standards are prescribed by this chapter or by
the statutes of the State of Virginia or by any orders, rules or regulations
issued by authority thereof, conformity with the regulations
set forth in the National Electrical Code, as approved by the
American Standards Association, and in the National Electrical
Safety Code, as approved by the American Standards Association,
and the electrical provisions of other safety codes approved by the
American Standards Association, shall be prima facie evidence of
conformity with approved standards for safety to persons and
property. (Id.)

Sec. 21. Authorization of special wiring methods.

The city electrician may, with the approval of the city council,
authorize the installation of special wiring methods.

Sec. 22. Use of metal conduit or armored metal cable;
authorizing use of surface metal raceway, etc.

All installations of electrical wiring or any type of electrical appliance
or fixture within the city, shall be made in metal conduit or
armored metal cable; provided, however, that in cases in which
the city electrician is of the opinion that no danger to personal
property will result, he may by special permission authorize surface
metal raceway and other approved methods of wiring.

Sec. 23. Use of rigid conduit service.

All new buildings and all old buildings being rewired in the city
shall be equipped with a rigid conduit service. Armored cable
may be used to a water ground, using a groundulet of an approved
type. (Code 1932, § 493(1); Ord. Oct. 3, 1932.)

Sec. 24. Wiring in buildings being remodeled.

All wiring on any one meter service in buildings being remodeled,
of which fifty per cent of the wiring is new, based upon
the number of outlets, shall be made to conform to the present requirements.
(Id.)

Sec. 25. Installation of radios and antennas.

Duly licensed radio dealers may also install radios and antennas;
provided, they give bond in the amount of one hundred dollars
conditioned and approved as the bond required of persons, firms
or corporations engaged in the electrical business under section 7
of this chapter.

The same permits, inspections and approvals shall be required
of radio and antenna installations as of installations of other electrical
work. (Code 1932, § 493(5).)

Sec. 26. Sale of materials and appliances—Approval by
city electrician; provisional approval.

The city electrician shall approve for sale and use in the city
such electrical materials, devices and equipment as are found to be
in conformity with the standards provided by this chapter.

The city electrician is hereby authorized and empowered to
grant provisional approval of electrical materials, devices and
equipment which in his judgment are reasonably safe in cases
where the standards herein provided do not appear to be applicable.

Sec. 27. Same—Selling unapproved appliances, etc.

Every person, firm or corporation, before selling, offering for
sale, or exposing for sale at retail, any electrical material, device
or equipment shall first determine if such electrical material, device
or equipment complies with the provisions of this chapter and
is approved for sale, installation and use in the city; and it shall
be unlawful for any person, firm or corporation, or any principal,
agent or employee thereof, to sell, offer for sale, or expose for
sale at retail any such electrical material, device or equipment
which is not approved for sale, installation and use in the city.

Sec. 28. Same — Devices and equipment deemed approved
for sale.

Materials, devices and equipment which conform with the
standards of the Underwriters' Laboratories, Inc., as indicated by
lists of inspected electrical appliances, shall be deemed approved for
sale in the city.

Sec. 29. Same—Trademarks, identification, etc.

All electrical materials, devices and equipment which are sold,
offered for sale or exposed for sale at retail, shall have the maker's
name, trademark or other identification symbol placed thereon, together
with such other markings, giving voltage, current, wattage
or other appropriate ratings as may be necessary to determine the
character of the material, device or equipment and the use for
which it is intended; and it shall be unlawful for any person, firm

or corporation to remove, alter, change or deface the maker's
name, trademark or other identification symbol, or any of the necessary
rating markings required by this chapter.

Sec. 30. Dead wires; unsafe poles, wires, etc.

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 that is not in accordance with the provisions of the city ordinances,
nor shall they construct or maintain in or over the streets
of the city any unsafe, unsuitable or improperly located crossbars,
or any defective or improperly installed or located wires, or electrical
apparatus. (Code 1932, § 493(9).)

Sec. 31. 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. (Id., § 493(10).)

Sec. 32. 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. (Id., § 493(11).)

Sec. 33. Use of poles for city wires.

A safe zone on every pole shall at all times be reserved for the
free use of the city in stringing its fire alarms or communication
wires; and no person, firm or corporation shall run any wire within
less than twenty-two inches of 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
safe place, and shall notify the city electrician, who shall supervise
and direct the moving of said city wires. (Id., § 493(12).)

Sec. 34. Penalty.

Any person, firm or corporation violating any of the provisions
of this chapter shall be fined not less than five dollars nor more
than twenty-five dollars. Each day of such violation or failure to
conform to the provisions of this chapter shall constitute a separate
offense. (Id., § 493(14).)

CHAPTER 11.

Explosives and Inflammables.[14]

Article I. In General.

       

§ 1.	Shooting fireworks.
§ 2.	Steam boilers.
§ 3.	Duty of chief of fire department.
§ 4.	Permit to operate filling station.

Article II. Explosives.

                 

§ 5.	To be kept only in conformity with article.
§ 6.	Keeping for purpose other than sale.
§ 7.	Keeping by retail dealers.
§ 8.	Keeping by wholesale dealers.
§ 9.	Keeping dynamite or nitroglycerin on sale in store.
§ 10.	Dealers to post signs; location of explosives in buildings; notice to fire chief.
§ 11.	Transporting explosives.
§ 12.	Permits for purchases.
§ 13.	Penalty.

Article III. Flammable Liquids.

           

§ 14.	Bulk storage; keeping or handling in bulk.
§ 15.	Unloading tank cars.
§ 16.	Piping from unloading point to storage tank.
§ 17.	Wholesale storage; specifications for tanks, etc.
§ 18.	Permits for installing storage tanks.
§ 19.	Penalty.

Article I. In General.

Sec. 1. Shooting fireworks.

No person shall set off any fireworks or explode any firecrackers
in any street within the corporate limits. For a violation of this
section the penalty shall be not less than one dollar nor more than
ten dollars for each offense. (Code 1932, § 193.)

Sec. 2. 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
five dollars for each day he fails to comply. (Id., § 321.)

Sec. 3. Duty of chief of fire department.

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.

For the purpose of carrying out the provisions of this section,
the chief of the fire department and the assistant chief are hereby
authorized to enter any building in which explosives may be sold
or stored. (Id., §§ 318, 446; Ord. Dec. 15, 1941.)

Sec. 4. Permit to operate filling station.

No person shall operate a gasoline or oil filling station for public
service without a special permit from the council, which permit
shall be revoked and become void unless the same is used by the
person to whom the same is granted within ninety days from the
date such permit is issued. No permit shall be granted until after
the applicant has posted on the premises in question for at least
thirty days, a sign, furnished by the city manager, which shall
show that application for a permit has been made. The applicant
shall also submit to the city manager ground plans showing the
proposed station and driveways at the same time notice is posted.

Any violation of this section shall be punished by a fine of not
less than ten dollars nor more than twenty-five dollars, and every
day such violation continues shall constitute a separate offense.

(Code 1932, § 319; Ords. Dec. 4, 1933, Oct. 1, 1934, Dec. 6,
1937.)

Article II. Explosives.[15]

Sec. 5. To be kept only in conformity with article.

Except as hereinafter provided, no gunpowder, blasting powder,
nitroglycerin or other high explosives shall be kept within the city
limits. (Code 1932, § 318; Ord. Dec. 15, 1941.)

Sec. 6. Keeping for purpose other than sale.

No person shall keep within the city more than ten pounds of
gunpowder or other explosive compound, except for the purposes
of sale. (Id.)

Sec. 7. Keeping by retail dealers.

Licensed retail dealers may, to supply their trade, keep any
quantity of gunpowder or blasting powder not exceeding fifty
pounds in all; provided, such powder be kept in metal packages,
with good, close-fitting and well-secured covers thereon. No such
retail or wholesale dealer may keep in his store more than forty
thousand loaded gun shells. (Id.)

Sec. 8. Keeping by wholesale dealers.

Wholesale dealers may, for the purpose of their trade, have in
their possession elsewhere than in a magazine, between the hours
of 7:00 A. M. and 5:00 P. M., any quantity of gunpowder or
blasting powder not exceeding fifty pounds. (Id.)

Sec. 9. Keeping dynamite or nitroglycerin on sale in
store.

No dynamite or nitroglycerin in any of its forms shall be stored
or kept for sale in any store within the corporate limits. (Id.)

Sec. 10. Dealers to post signs; location of explosives in
buildings; notice to fire chief.

Every dealer in gunpowder, blasting powder, dynamite or other
high explosives shall place on the building containing the same,
over or at the side of the front door thereof, a sign with the words
"Powder for Sale" printed or painted thereon in legible characters,
at least three inches in height. He shall store 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. (Id.)

Sec. 11. Transporting explosives.

No person shall carry gunpowder, blasting powder, dynamite
or other explosives on any vehicle in any part of the city unless
the same shall be secured in kegs, boxes or canisters, so that no
part thereof can fall out or escape.

No person shall allow any vehicle under his charge or control,
containing more than one keg or case of twenty-five pounds of
gunpowder, blasting powder, dynamite or other high explosives to
remain within the city 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.
(Id.)

Sec. 12. Permits for purchases.

No person shall sell within the city any dynamite or blasting
powder or other high explosive except upon written permit from
the chief of police, which permit shall be issued upon application
by the purchaser showing that such explosives are to be used for
legitimate purposes within a reasonable time after their purchase,
and the provisions of this article with respect to the keeping of all
such explosives shall in all respects apply to said purchaser; provided,

however, that this section shall not be construed to apply to
the purchase of shotgun, rifle and pistol ammunition at retail.
(Id.)

Sec. 13. Penalty.

Any person who shall violate any of the clauses of this article
in regard to gunpowder or other explosives, or permit the same to
be violated with his consent by any person in his employment or
under his control, shall, upon conviction, be fined not less than
five dollars nor more than fifty dollars for each offense. (Id.)

Article III. Flammable Liquids.[16]

Sec. 14. Bulk storage; keeping or handling in bulk.

The storage, keeping of gasoline or any other highly explosive
liquids in quantities of more than two thousand gallons in any one
container is hereby defined to be "bulk storage".

Within the fire limits of the city as now exist, or as hereafter
changed, the bulk storage of gasoline or other highly explosive
liquids is prohibited and it shall be unlawful for any person to
store, keep or handle the same in bulk within the said fire limits
of the city. The foregoing provisions shall not apply to tank cars
or truck transports in transit but shall apply to the unloading of
tank cars or truck transports within the fire limits, and it shall be
unlawful for any person to place or spot a tank car or truck transport
containing bulk storage as herein defined, within the said fire
limits, for the purpose of loading or unloading. (Code 1932, § 320; Ords. Nov. 21, 1932, Sept. 16, 1940.)

Sec. 15. Unloading tank cars.

In addition to the prohibitions and restrictions set forth in section
14, it shall be unlawful to unload a tank car of gasoline or
other flammable liquid which has a flash point below seventy degrees
closed cup tester at any point within the city limits, except
under the following conditions and restrictions:

(a) The railroad siding on which the tank car is placed for unloading
shall be equipped with facilities for piping liquid directly
from the tank car to the storage tank.

(b) The pump required for this shall be of approved type and
securely installed. If electrically driven, the motor shall be of a
type approved for use in hazardous atmospheres. Remote control
as well as control at the pump shall be provided.

(c) Tank cars shall not be discharged by the use of compressed
air.

(d) Tank cars shall not be unloaded directly into tank trucks.

(e) Before unloading is started, the tank car shall be electrically
grounded in an effective manner. (Id.)

Sec. 16. Piping from unloading point to storage tank.

No pipe or other conduit of any kind used for the purpose of
transporting flammable liquids shall be constructed in, under or
over any public street in the city. It shall be unlawful to transport
or handle gasoline or other flammable liquid through pipes
or other conduits of any kind from any unloading point as provided
for in section 15 to any storage tank or other container within
the fire limits until after an application to pipe such flammable
liquid has been finally approved by the city manager, and no such
final permit shall be issued until the following requirements have
been complied with:

(a) All applications for a permit shall be accompanied by complete
plans and profiles of the proposed underground pipe systems.

(b) Pipe shall be standard weight wrought iron or steel.

(c) Except within eight feet from tank car and like distance
from storage tank, piping shall be buried a minimum depth of
three feet and shall be laid below all other piping. Where pipe
passes under railroad tracks it shall be laid at least four feet below
the bottom of ties.

(d) Piping shall rest on a solid earth foundation or shall be
otherwise securely installed to minimize the possibility of undue
stresses at joints from settling.

(e) Piping shall be suitably protected against corrosion by coating
with asphalt or other corrosion-resisting material.

(f) Pipe joints shall be made up with threaded couplings or
shall be welded or otherwise made up in a substantially equivalent
manner. Joint compounds used on screwed joints shall be of
shellac, litharge, glycerine or other material not affected by the
liquid carried in the pipe.

(g) Provision shall be made for taking care of expansion and
contraction in the pipe line.

(h) Shut-off valves shall be installed in the discharge line, at
the pump and at a convenient location near the storage tank.
Where the elevation of the top of the storage tank is higher than
that of the pump, a check valve shall be placed in the discharge
line to prevent the liquid from backing up into the tank car. Long
pipe lines shall be provided with intermediate shut-off valves, the
number depending on the length of the line.

(i) Valves shall be set in manholes or have the valve stem extended
to a valve box having a cover normally locked to prevent
operation by unauthorized persons. Valve box or manhole covers
shall be plainly marked to indicate the nature of the line which the
valve controls.

(j) Piping shall be tested after installation and before being
covered, at a pressure of not less than one hundred fifty pounds
per square inch, nor less than one and one-half times the working
pressure.

Tests shall continue for at least thirty minutes without a noticeable
drop in pressure. (Code 1932, § 320; Ords. Oct. 21, 1932,
Jan. 3, 1933, Sept. 16, 1940.)

Sec. 17. Wholesale storage; specifications for tanks, etc.

Outside the fire limits as now existing, or as hereafter changed
or amended, no tanks of more than one hundred thousand gallons
capacity for the wholesale storage of gasoline, benzine, naphtha or
other flammable liquids shall be erected or installed; provided,
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 article.

Tanks shall be of galvanized steel, of basis open hearth steel or
wrought iron of a thickness according to the following table:

Minimum Thickness

               

Capacity (Gallons)	(Gauge—U. S. Standards)	Lbs. Per Sq. Foot
1 to 285	16	2.50
286 to 560	14	3.127
561 to 1100	12	4.375
1101 to 4000	7	7.50
4001 to 12000	1/4″	10.00
12001 to 20000	5/16″	12.50
20001 to 30000	3/8″	15.00

Tanks above thirty thousand gallons capacity to conform to the
National Fire Protective Association standards.

Tanks shall be riveted, welded or brazed, and shall be soldered,
caulked or otherwise made tight in mechanical and workmanlike
manner, and, if to be used with a pressure discharge system, shall
safely sustain a hydrostatic test at least double the pressure to
which the tank may be subjected; top of tank to be securely fastened
to top ring with joints of equal tightness to those between
rings. Said tanks shall be covered with asphaltum or other nonrusting
paint or coating. All pipe connections shall be made
through flanges or reinforced metal securely riveted, welded or
bolted to tank and made thoroughly tight. The use of wooden
top tanks is prohibited.

Tanks shall be constructed entirely of metal, including top, sides
and bottom; all openings shall be gas tight, except beneath the vent
which shall be screened. All tanks shall be electrically grounded
by resting directly on moist earth or otherwise electrically
grounded to permanent moisture, preferably to water piping and
to the satisfaction of the city electrician and chief of the fire department.
No insulated connection shall be permitted. Telephone
or similar poles or other projections liable to act as discharge
points shall be kept as far as practicable from tanks.

If buried underground, said tanks shall be lower than floors,
basements, cellars or pits of all buildings within a radius of fifty
feet. The top of the tank shall also be at least three feet under
the ground and below any piping to which the tank may be connected.
Except in lieu of the three feet of earth, tanks may be

buried under eighteen inches of earth and covered with reinforced
concrete at least six inches in thickness which shall extend at least
one foot beyond the outline of the tank in all directions; 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. The
tank may have a test well, provided the test well extends near the
bottom of the tank and twelve feet above the source of supply,
and the top shall be hermetically sealed and locked except when
necessarily open. The tank shall have a vent pipe at least one inch
in diameter which shall extend from the top of the tank to at least
twelve feet above ground level and shall terminate in a goose neck
protected in the outer end by a 40×40 mesh or equivalent non-corrodible
wire screen.

If erected above ground, said tank shall conform to the same
specifications and requirements as heretofore outlined and in addition,
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 a concrete foundation.

All aboveground tanks shall, when deemed necessary by the city
manager, on account of proximity to streams or nearness to public
property or buildings of high value, which may be endangered, be
diked, or the entire yard, together with contiguous or adjoining
yards upon approval by the city manager, may be provided with a
curb or retaining wall or other suitable means taken to prevent the
discharge of liquids onto other property in case of a rupture in
tank or piping.

Said dikes or walls shall be of earth or masonry so constructed
as to afford adequate protection. The capacity of the dikes shall
be properly maintained and earthen dikes shall have a slope consistent
with the angle of repose of the materials of which they are
constructed.

All installations under the authority of this article shall be under
the direction and meet with the approval of the city manager, and
all such installations shall be made in a workmanlike manner and
in accordance with recognized standards consistent with safety and
good engineering; except when herein otherwise provided, the applicable
standards of the National Fire Protective Association
shall be recognized. (Code 1932, § 320; Ord. Sept. 16, 1940.)

Sec. 18. Permits for installing storage tanks.

No tank for the storage of gasoline, benzine, naphtha or other
highly volatile liquid of more than ten gallons capacity shall be
installed without a written permit from the city manager. The
fee for such permit shall be one dollar for each tank installed.
(Id.)

Sec. 19. Penalty.

Any person violating any of the provisions of this article shall
be fined not less than ten dollars nor more than fifty dollars and
each day such violation continues shall constitute a separate offense.
(Id.)

CHAPTER 12.

Fire Department.[17]

                             

§ 1.	Composition; supervision of department.
§ 2.	Election of officers by company; confirmation by council.
§ 3.	Chief—Powers and duties generally.
§ 4.	Same—Annual report and inventory.
§ 5.	Eligibility and oath of chief and assistant.
§ 6.	Charges against members for nonperformance of duty.
§ 7.	Excluding persons from fires; interference with fire company.
§ 8.	Inspection of buildings, etc., by chief; abatement of fire hazards; refusal to permit inspection.
§ 9.	Right of way; obstructing apparatus of fire department.
§ 10.	Vehicles construed as apparatus of fire department.
§ 11.	Use of streets occupied by fire department.
§ 12.	Obstructing access to fire plugs.
§ 13.	Crossing fire hose.
§ 14.	Publishing information with respect to fire alarm boxes.
§ 15.	False fire alarm.

Sec. 1. Composition; supervision of department.

The fire department of the city shall be composed of a volunteer
organization known as the "Charlottesville Fire Company",
and such persons as may be employed for the department. Such
department so organized shall be under the direction and control
of an officer to be styled chief of the fire department and one assistant
chief, who shall be subject to the control and direction of
the mayor and city manager. (Code 1932, § 441; Ords. Sept. 7,
1937, Feb. 16, 1942.)

Sec. 2. Election of officers by company; confirmation by
council.

Such officers, including the assistant chief, as said company may
deem necessary, shall be elected by the company 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 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 for confirmation.
(Code 1932, § 442; Ord., Sept. 7, 1937, Feb. 16, 1942.)

Sec. 3. Chief—Powers and duties generally.

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.

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 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.

For the purpose of which the department exists, the chief shall
have full supervision of all apparatus pertaining to the fire department.

The chief of the fire department shall have charge of the fire
house, and the employees of the fire department shall be under his
immediate supervision, and it shall be his duty to see that the apparatus
is kept in good condition and ready at any and all times to
respond to a call and properly cared for at and after returning
from a fire; that the hose is properly dried out; that the house is
properly cared for; and perform such other duties as may be necessary
to keep the fire house and apparatus in good condition.
(Code 1932, § 443; Ords. Sept. 7, 1937, Feb. 16, 1942.)

Sec. 4. Same—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. (Code 1932, § 453.)

Sec. 5. 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 officers, to faithfully perform
the duties of the office to which they have been elected, and
to carry out and perform such duties as may be required by the
mayor or council. (Id., § 444; Ords. Sept. 7, 1937, Feb. 16,
1942.)

Sec. 6. Charges against members for nonperformance of
duty.

Any charges preferred in writing against a member of the fire
company for nonperformance of duty shall be brought 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 meeting for
confirmation or further investigation or proceedings therein. In
the event of failure to refer the decision of the company as herein
provided, the council may proceed with the investigation de novo.
(Code 1932, § 443; Ords. Sept. 7, 1937, Feb. 16, 1942.)

Sec. 7. Excluding persons from fires; interference with
fire company.

The chief of the fire department and the police officers of the
city shall exclude all persons from buildings and grounds adjacent
thereto, during a fire, and no person, except city officials and employees
in the discharge of their duties, shall have the right to
enter within the ropes surrounding such fire, except owners of
property thereat, or such other persons as may obtain permission
of the chief or his assistant. Said officers shall have authority to
take into custody all persons persisting in any interference with
the work of the fire company, and upon conviction, such person
shall be fined not less than five dollars and not more than ten dollars.
(Id.)

Sec. 8. Inspection of buildings, etc., by chief; abatement
of fire hazards; refusal to permit inspection.

It shall be the duty of the chief of the fire department or his
assistants, designated by him, to make such inspections of 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 five dollars nor more than
fifty dollars 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 five dollars nor more than one hundred dollars
and each day of such refusal shall constitute a separate offense.
(Code 1932, § 447.)

Sec. 9. Right of way; obstructing apparatus of fire department.

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 twenty dollars for each offense.
(Id., § 448.)

Sec. 10. Vehicles construed as apparatus of fire department.

No vehicle shall be construed as part of the apparatus of the
fire department which is not driven by a driver in the employ of
the said department; provided, that the chief of the fire department,
in an emergency, may impress a vehicle for his own personal
use in going to a fire, in which case the speed of such vehicle shall
not exceed that of the other apparatus of the department. (Id.,
§ 449.)

Sec. 11. Use of streets occupied by fire department.

It shall be unlawful, without the authority of the officer in command,
for any person to drive a vehicle or ride through the streets
in which the fire department assembles for the purpose of extinguishing
a fire. Any person violating this section, shall, upon conviction,
be fined not less than two dollars nor more than ten dollars
for each offense. (Id., § 450.)

Sec. 12. Obstructing access to fire plugs.

Any person 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 two dollars nor more than ten dollars. (Id.,
§ 451.)

Sec. 13. Crossing fire hose.

Whenever any hose of the fire department is laid upon any
street, it shall not be lawful for any wagon, cart or other vehicle
to pass over the same. The owner or driver of any wagon, cart
or other vehicle, who shall drive or cause the same to be driven
over said hose, shall, upon conviction, be fined not less than ten
dollars nor more than one hundred dollars. (Id., § 452.)

Sec. 14. Publishing information with respect to fire
alarm boxes.

It shall be unlawful to publish for sale or for distribution to the

general public in any manner or as a part of any other publication
designed for general distribution, any list showing the numbers
and location of fire alarm boxes within the city, but this section
shall not be construed to prohibit the publication of such a list
and the delivery of copies thereof to the chief of the fire department
for distribution to members of the fire department and other
authorized persons. Any person who shall violate this section
shall, upon conviction, be fined not less than five dollars nor more
than one hundred dollars for each offense. (Ord. June 3, 1940.)

Sec. 15. 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 one hundred dollars nor more than
two hundred dollars or confined in jail not less than thirty days
nor more than ninety days, or both. (Code 1932, § 272.)

CHAPTER 13.

Food and Food Establishments.[18]

Article I. In General.

         

§ 1.	Protection from flies, dust and dirt; exposing on street or sidewalk.
§ 2.	Spoiled, diseased, adulterated or misbranded foodstuffs.
§ 3.	Vegetables grown on soil impregnated with human excrement.
§ 4.	Handling and sale of meats, fowl, etc.; permit to sell meat not inspected at abattoir.
§ 5.	Wrapping bakery products.

Article II. Food Establishments.

                                                         

§ 6.	Definitions.
§ 7.	Permits—To operate restaurant; posting; fee.
§ 8.	Same—For employees.
§ 9.	Examination and condemnation of unwholesome food or drink.
§ 10.	Health officer to enforce article; inspections.
§ 11.	Notification of disease.
§ 12.	Procedure when infection suspected.
§ 13.	Floors.
§ 14.	Walls and ceilings.
§ 15.	Lighting.
§ 16.	Ventilation.
§ 17.	Toilets; posting handwashing signs.
§ 18.	Water supply.
§ 19.	Personal cleanliness of employees; washing hands, etc.
§ 20.	Washing facilities for employees.
§ 21.	Screening; self-closing doors, etc.
§ 22.	Construction of utensils and equipment.
§ 23.	Eating and drinking utensils—Dishwashing equipment.
§ 24.	Same—Methods of bactericidal treatment.
§ 25.	Same—Storing and handling; single-service utensils.
§ 26.	Disposal of wastes.
§ 27.	Refrigeration.
§ 28.	Milk and cream.
§ 29.	Storage and display of food and drink.
§ 30.	Cleanliness generally; use of rooms for domestic purposes; dressing rooms; soiled linen, etc.
§ 31.	Materials used for cleaning or polishing utensils.
§ 32.	Tables, shelves and napkins.
§ 33.	Vermin and rodent control methods.
§ 34.	Penalty; revocation of permit.

Article I. In General.

Sec. 1. Protection from flies, dust and dirt; exposing on
street or sidewalk.

Food in the process of manufacture, preparation, and packing,
and when stored, on sale, or offered for sale shall be securely protected
from flies, dust and dirt; 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 as 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. (Code 1932, § 398.)

Sec. 2. Spoiled, diseased, adulterated or misbranded
foodstuffs.

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, substances 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 foodstuffs or articles and destroy them;
provided, that said officer or agent may retain any amount desired
for examination or use as evidence in any prosecution under this
section. All containers in which spoiled food has been placed shall
be thoroughly cleansed before a second use. (Id. § 409.)

Sec. 3. Vegetables grown on soil impregnated with human
excrement.

It shall be unlawful for any person, after notification by the
health officer, to offer for sale or sell vegetables that have grown
on soil that has been impregnated or fertilized with human excrement
within a period of twelve months from time of such fertilization.
(Id.)

Sec. 4. Handling and sale of meats, fowl, etc.; permit
to sell meat not inspected at abattoir.

All beef, pork, mutton, goat, poultry, fish, oysters and shellfish,
and other meats offered for sale, shall be subject to inspection
by a proper representative of the health officer, who shall have
power to condemn any such meats or fowl unfit for human consumption.
It shall be unlawful for any person engaged in the sale
of meats and other foodstuffs to permit meat articles of food
which are of such nature that they may be defiled or polluted by
handling to be exposed for sale in such manner that they may be
handled by prospective purchasers or others by whom such handling
is not necessary. Meats, meat products or other foodstuffs

shall not be brought into, transported or sold in the city unless
properly covered and adequately protected against pollution, flies,
dust, dirt, etc. Meats, meat products, fish and shellfish on sale,
or in storage, shall be kept in iced refrigerators or iced containers.
Any person selling, or offering for sale any beef, pork, mutton or
goat which has not been killed and inspected at an abattoir approved
by the health officer, shall first obtain a permit from the
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
one hundred dollars or thirty days in jail, or both. (Code 1932,
§ 410.)

Sec. 5. Wrapping bakery products.

All breads, rolls, biscuits, cakes and pies and all other baked
goods, sold, exchanged or delivered in the city shall be closely
wrapped in a clean paper before leaving the building; provided,
however, that the provisions of this section shall not apply to
hotels, restaurants, boarding houses or other places where bread is
made for their own use. (Id., § 411.)

Article II. Food Establishments.

Sec. 6. Definitions.

(a) Restaurant. The term "restaurant" shall mean restaurant,
coffee shop, cafeteria, short order cafe, luncheonette, hotel dining
room, tavern, sandwich shop, soda fountain and all other eating
and drinking establishments.

(b) Other food establishments. "Other food establishments"
shall mean all places that manufacture, pack, store, sell or distribute
food or food products and beverages, that are not eating or
drinking establishments.

(c) Employees. The term "employee" shall mean any person

who handles food or drink during preparation or serving, or who
comes in contact with any eating or cooking utensils, or who is
employed at any time in a room in which food or drink is stored,
prepared or served.

(d) Eating, drinking and cooking utensils. "Eating, drinking
and cooking utensils" shall include any kitchenware, tableware,
cutlery, containers, or other equipment with which food or drink
comes in contact during storage, preparation or serving.

(e) Health officer. The term "health officer" shall mean the
director of health activities of the city or his authorized representative.

(f) Unwholesome food. "Unwholesome food" shall mean any
food or drink not fit for human consumption.

Sec. 7. Permits—To operate restaurant; posting; fee.

It shall be unlawful for any person to operate a restaurant in
the city who does not possess an unrevoked permit from the health
officer and in whose place of business such permit is not posted in
a conspicuous place, and no license to operate a restaurant shall
be issued by the commissioner of revenue until a health department
permit is presented by the operator or proprietor. Persons who
meet the requirements of this article shall be entitled to receive and
retain such a permit or to secure a license to operate.

The fee to be charged for such permit shall be one dollar.

Sec. 8. Same—For employees.

It shall be unlawful for any employee to work in a restaurant
or other food establishment without first securing a permit from
the health officer. To obtain such permit, the employee shall
furnish such information and laboratory specimens and submit to
such physical examination as the health officer may require, and
receive instructions on personal hygiene and an explanation of the
items of this article. Each permit shall remain in force until revoked
for cause.

Sec. 9. Examination and condemnation of unwholesome
food or drink.

Samples of food and drink may be taken and examined by the
health officer as often as he deems necessary for the detection of
unwholesomeness. The health officer may condemn, remove and
destroy any food or drink which he deems unwholesome.

Sec. 10. Health officer to enforce article; inspections.

The health officer is hereby made responsible for the enforcement
of this article. Inspections shall be made as frequently as
deemed necessary by the health officer.

One copy of the inspection report shall be retained by the establishment;
another copy shall be filed with the records of the health
department.

Sec. 11. Notification of disease.

Notice shall be sent to the health officer immediately by the
owner or manager of the restaurant or other food establishment,
or by the employee concerned, if the manager or any employee or
any member of his respective household contracts any infectious,
contagious or communicable disease, or has a fever, a skin eruption,
a cough lasting more than three weeks, or any other suspicious
symptom. It shall be the duty of any such employee to
notify the owner or manager of the restaurant or other food establishment
immediately when any of said conditions exist, and
if neither the manager nor the employee concerned notifies the
health officer immediately when any of said conditions exist, they
shall be held jointly and severally to have violated this section.

Sec. 12. Procedure when infection suspected.

When suspicion arises as to the possibility of transmission of
infection from any restaurant or other food establishment employee,
the health officer is authorized to require any or all of the
following measures: (1) The immediate exclusion of the employee
from all restaurants or other food establishments; (2) the

immediate closing of the restaurant or other food establishment
concerned until no further danger of disease outbreak exists, in the
opinion of the health officer; (3) adequate medical examinations
of the employee and of his associates, with such laboratory examinations
as may be indicated.

Sec. 13. Floors.

The floors of all restaurants and other food establishments shall
be of such construction as to be easily cleaned, shall be smooth,
and shall be kept clean and in good repair.

Sec. 14. Walls and ceilings.

Walls and ceilings of all restaurants and other food establishments
shall be kept clean and in good repair, finished in light color,
and have a smooth, washable surface up to the level reached by
splash or spray.

Sec. 15. Lighting.

If lighting of window space be less than ten per cent of the
floor area, its equivalent in artificial light shall be provided.

Sec. 16. Ventilation.

All restaurants and other food establishments shall be well
ventilated. Exhaust fans and metal hoods over ranges, equipped
with ventilators, must be provided when necessary to prevent
odors and condensation and to promote cleanliness.

Sec. 17. Toilets; posting handwashing signs.

Adequate, approved toilet facilities must be provided for employees.
Toilets must be constructed and maintained in accordance
with the rules and regulations of the State Health Department.

Toilets must be entirely separate and apart from any room used
for the manufacture, storage or handling of food products. Flush
toilets used in any restaurant or other food establishment must be
provided with tight, self-closing doors, and all new construction
must be vestibuled, and toilet room must be ventilated by means of

window or flue leading to the outside. All flush toilets must be
connected to an approved sewer system or provided with properly
constructed septic tank.

Walls, floors, seats and commodes must be clean, and a supply
of toilet paper must be provided.

Handwashing signs shall be posted in each toilet room used by
employees.

Sec. 18. Water supply.

Any water supply used at a restaurant or other food establishment
shall be properly located, constructed, operated and shall be
easily accessible, adequate, and of a safe, sanitary quality.

Sec. 19. Personal cleanliness of employees; washing
hands, etc.

All employees must observe a high standard of personal cleanliness,
and they must be constantly supervised in this respect by
the employer. The hands of all employees must be washed thoroughly
with soap and water after visiting the toilet. Employees,
such as clerks, waiters, cooks, etc., must keep their hands away
from the mouth and nose and wash their hands immediately with
soap and water should they become contaminated with oral or
nasal secretions. Employees must keep fingernails short and clean.

All employees shall wear clean outer garments and shall keep
their hands clean at all times while engaged in handling food,
drink, utensils or equipment.

Sec. 20. Washing facilities for employees.

Adequate handwashing facilities include running hot and cold
water, or a suitable vessel and an adequate supply of clean water,
soap, and a clean individual towel for each employee.

Sec. 21. Screening; self-closing doors, etc.

All openings to the outer air shall be effectively screened and
doors shall be self-closing and open outward, unless other effective
means are provided to prevent the entrance of flies.

Sec. 22. Construction of utensils and equipment.

All eating and cooking utensils and all show and display cases
or windows, counters, shelves, tables, refrigerating equipment,
sinks and other equipment or utensils used in connection with the
operation of a restaurant or other food establishment shall be so
constructed as to be easily cleaned and shall be kept clean and in
good repair.

Sec. 23. Eating and drinking utensils — Dishwashing
equipment.

Adequate facilities shall be provided and maintained for the
washing, rinsing and bactericidal treatment of all eating and drinking
utensils, each to be a separate and distinct operation requiring
a minimum of a three-compartment sink. Adequate facilities for
heating water for cleaning must be provided. An approved washing
powder must be used. A sufficient number of dish baskets
must be provided.

In establishments where only beverages and ice cream are
served, cold water washing of glassware and silver may be approved,
if thorough and effective.

Provided, that nothing contained under this section shall be construed
as disbarring any other equipment which has been demonstrated
as of at least equal efficiency and is approved by the health
officer.

Sec. 24. Same—Methods of bactericidal treatment.

One of the following methods must be used: Hot water or
chlorine chemicals. Utensils must be submerged in hot water at
170° F., or more, for at least two minutes, or submerged in a
chlorine solution containing not less than fifty parts per million
of residual chlorine for at least two minutes. (A solution containing
one hundred parts per million, or more, is recommended.)

The practice of drying eating and drinking utensils with a towel
shall not be permitted.

Provided, that nothing contained under this section shall be construed
as disbarring any other process which has been demonstrated

as of at least equal efficiency and is approved by the health
officer.

The above requirements apply to manual dishwashing methods.
Where dishwashing machines are used, the operation of the machine,
temperature of wash and rinse waters, and retention period
of dishes in the machine, must meet the approval of the health
officer.

Sec. 25. Same—Storing and handling; single-service
utensils.

After bactericidal treatment, no utensils shall be stored except
in a clean, dry place protected from flies, dust or other contamination,
and no utensil shall be handled except in such manner as to
prevent contamination as far as practicable. Single-service utensils
shall be purchased only in sanitary containers and shall be
stored therein in a clean, dry place until used.

Sec. 26. Disposal of wastes.

All wastes shall be properly disposed of, and all garbage and
trash shall be kept in suitable covered receptacles, in such manner
as not to become a nuisance.

Drain and waste pipes from floors, wash sinks, soda fountains,
ice boxes, etc., must be of sufficient size, well trapped, and in a
good state of repair.

Sec. 27. Refrigeration.

Refrigerators, ice boxes, etc., shall be of adequate size to store
all perishable food, constructed of materials that will permit thorough
cleaning, shall be properly drained and ventilated, shall be
equipped with thermometer and kept at a temperature of 50° F.,
or lower, at all times, except during periods of defrosting. Floors,
walls, ceilings, racks, hooks, pipes, etc., shall be kept clean. Drains
from ice boxes shall not be connected directly to a sewer but shall
drain into an open fixture.

Sec. 28. Milk and cream.

Only graded milk or cream shall be used or served in a food establishment.

Official placards, stating the grade of milk served,
whether pasteurized or raw, must be displayed in a place designated
by the health officer. All milk must be served in the original
container in which it was bottled at the plant.

As to milk and milk products generally, see ch. 17 of this volume.

Sec. 29. Storage and display of food and drink.

All food and drink shall be so stored and displayed as to be protected
from dust, flies, vermin, handling, droplet infection, overhead
leakage, and other contamination. No animals or fowls shall
be kept or allowed in any room in which food or drink is prepared
or stored. All means necessary for the elimination of flies shall
be used.

Sec. 30. Cleanliness generally; use of rooms for domestic
purposes; dressing rooms; soiled linen, etc.

The surroundings of all restaurants and other food establishments
shall be kept clean and free of litter or rubbish. None of
the operations connected with a restaurant shall be conducted in
any room used for domestic purposes. Adequate lockers or dressing
rooms shall be provided for employees' clothing. Soiled linens,
coats and aprons shall be kept in containers provided for this purpose.

Sec. 31. Materials used for cleaning or polishing utensils.

No articles, polish or other substance containing any cyanide
preparation or other poisonous material shall be used for the
cleansing or polishing of eating or cooking utensils.

Sec. 32. Tables, shelves and napkins.

All tables must be properly constructed of materials that can be
thoroughly and easily cleaned. All the table tops must be of nonabsorbent
material when deemed necessary by the health officer.
Table tops must be free of unnecessary articles. Table covers,
napkins, etc., must be clean and all shelves shall be clean, free of
unnecessary articles and neatly arranged. All napkins shall be discarded
or laundered after each usage.

Sec. 33. Vermin and rodent control methods.

Methods used for the control of vermin and rodents must be
effective at all restaurants and other food establishments.

Sec. 34. Penalty; revocation of permit.

Any person who violates any provision of this article shall be
fined not less than ten dollars for the first offense and twenty dollars
for any subsequent offense. Each and every violation of the
provisions of this article shall constitute a separate offense. In the
case of two offenses, the permit herein required may be revoked
by the health officer.

CHAPTER 14.

Gas.[19]

                                       

§ 1.	Application for service; connections outside city.
§ 2.	General rates.
§ 3.	Optional rates.
§ 4.	Charges when meter fails to register.
§ 5.	Deposits by consumers.
§ 6.	When bills payable.
§ 7.	Cutting off service for nonpayment of bills, etc.
§ 8.	Same—Connecting charge.
§ 9.	Removing or interfering with meters or fixtures.
§ 10.	Repair and replacement of meters; consumers responsible for contents of prepay meters.
§ 11.	Complaints against gas bills; testing meters.
§ 12.	Preservation of gas and city property at fires, etc.
§ 13.	Examining apparatus and stopping leaks.
§ 14.	Connections to be made by city; payment of costs.
§ 15.	Repair of pipes and fixtures in street.
§ 16.	Unauthorized additions to pipes and fixtures and introduction of gas therein.
§ 17.	Right of access to premises.
§ 18.	Turning on or using gas without authority.
§ 19.	Obstructing stopcocks or fixtures; interfering with pipes.
§ 20.	Pipe lines laid by property owners.

Sec. 1. Application for service; connections outside city.

Whenever any person 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 director of finance
on a form prescribed by him and approved by the city manager.
Such application shall be accompanied by the deposit required in
section 5, 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. (Code 1932, § 350.)

Sec. 2. General rates.

The gas rates shall be as follows:

Minimum charge, one dollar per month, or fractional part thereof.

             

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.
(Id., § 351.)

Sec. 3. Optional rates.

The following optional gas rates are hereby established.

(a) Any customer using gas for cooking and refrigeration,
or for cooking and automatic water heating, or for cooking, refrigeration
and automatic water heating:

     

First 700 cu. ft. or less per mo.	$1.00
Next 2300 cu. ft. per. mo. per M. cu. ft.	1.25
All over 3000 cu. ft. per mo. per M. cu. ft.	.90

(b) Any customer having only a gas refrigerator, or an automatic
water heater, or any other type of automatic gas appliance:

       

First 1000 cu. ft. or less per mo.	$1.10
Next 5000 cu. ft. per mo. per M. cu. ft.	1.00
Next 19,000 cu. ft. per mo. per M. cu. ft.	.90
All over 25,000 cu. ft. per mo. per M. cu. ft.	.80

(c) In addition to the rate established in (b) above, the following
rates are available to any domestic customer having connected
and in regular use a gas refrigerator for which gas is billed separately,
to be based upon and fixed solely by the gross interior
size of the refrigerator as defined below, and said billing to be
made as a separate charge for gas refrigeration purposes only:

Gross Interior Size Division in Cu. Ft.

         

4.0 foot flat rate per month	$1.65
5.0 foot flat rate per month	1.80
6.0 foot flat rate per month	1.95
8.0 foot flat rate per month	2.35
11.0 foot flat rate per month	2.90

The classification of the above sizes will be made according to
whichever of the above gross interior size division said refrigerator
is nearest to, such size determination being based solely upon
computation from the manufacturer's official inner measurements
of said gas refrigerator.

(d) Any customer using gas for the operation of an automatic
space heater only, or the operation of a commercial bakery oven
only (the gas pipes for heaters or ovens must have no connection
with the pipes for other purposes, so that the gas for heating may
be measured separately from other gas supplied):

   

First 5000 cu. ft. per mo. per M. cu. ft.	$1.00
All over 5000 cu. ft. per mo. per M. cu. ft.	.60

(Ord. March 15, 1937, July 19, 1937, May 2, 1938, Aug. 21,
1939.)

Sec. 4. Charges when meter fails to register.

If any gas meter shall fail to register, the charge shall be the
average reading for the three preceding months. (Code 1932, §
352; Ords. March 15, 1937, Feb. 21, 1944.)

Sec. 5. Deposits by consumers.

Any person who shall hereafter begin the use of city gas, shall
before connection is made and meter placed, make a deposit according
to the following schedule:

For domestic consumers the deposit shall be five dollars.

For commercial consumers the deposit shall be based upon the
estimated consumption but shall not be less than five dollars, nor
exceed twenty-five dollars.

The deposit, or any part thereof, may, at the option of the city,
be applied on any obligation the consumer may owe the city in
connection with city gas. Until the account of such consumer
with the city shall be closed out, said deposit shall be kept unimpaired
and when the account is closed out, the balance, if any, shall
be returned to the consumer or his personal representative, or assigns.
(Id.)

Sec. 6. When bills payable.

All gas bills for the preceding month are due and payable on or
before the fifteenth day after a statement is rendered. (Id.)

Sec. 7. Cutting off service for nonpayment of bills, etc.

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. (Id.)

Sec. 8. Same—Connecting charge.

For turning gas on again after it has been cut off for non-payment,
there shall be a charge of one dollar payable in advance.
(Id.)

Sec. 9. Removing or interfering with 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 two dollars nor more than ten
dollars for each offense. (Code 1932, § 353.)

Sec. 10. Repair and replacement of meters; consumers
responsible for contents of prepay meters.

All repairs or replacement of meters shall be made by the city.
The consumer shall be responsible for the contents of all prepay
meters until collected by the city. (Id., § 354.)

Sec. 11. 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 two
per cent, the meter shall be replaced at the expense of the city;
if such meter is found to be within two per cent accurate, the consumer
shall pay one dollar for this service. (Id., § 355.)

Sec. 12. Preservation of gas and city property at fires,
etc.

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. (Id., § 356.)

Sec. 13. Examining apparatus and stopping leaks.

Gas apparatus and premises of consumers shall be examined

and leaks stopped, free of charge, on receiving notice of any suspected
leak. (Id., § 357.)

Sec. 14. Connections to be made by city; payment of
costs.

All gas connections from gas mains to the building, including
the setting of all meters and repairs in the street, shall be done by
the city at the expense of the same, except as hereinafter mentioned.
The property owner shall pay the actual costs of the pipe
and its installation over and above one hundred lineal feet from
the property line for any one consumer, and for each additional
consumer, a further distance of one hundred feet may be allowed.
(Id., § 358; Ord. March 7, 1937.)

Sec. 15. Repair of pipes and fixtures in street.

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 two dollars nor more than twenty
dollars. (Code 1932, § 359.)

Sec. 16. Unauthorized additions to pipes and fixtures
and introduction of gas therein.

Any person who shall open a communication into the street gas
main or other gas pipe of the gas works without authority, or who
shall let on the gas after it has been stopped, by order of the 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 five dollars
nor more than twenty dollars for each offense. (Id., § 360.)

Sec. 17. 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.
(Id., § 361.)

Sec. 18. 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 five dollars nor more than fifty dollars for each offense. (Id.,
§ 362.)

Sec. 19. Obstructing stopcocks or fixtures; interfering
with pipes.

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 five dollars nor more than twenty dollars for each
offense. (Id., § 363.)

Sec. 20. Pipe lines laid by property owners.

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
consideration of such maintenance the city shall have the right
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. (Id., § 364.)

CHAPTER 15.

Health and Sanitation.[20]

                                         

§ 1.	Joint health board—Composition.
§ 2.	Same—Appointment and term of member selected by city; term of other members.
§ 3.	Same—Powers and duties generally.
§ 4.	Same—Powers and duties of officers, agents and employees.
§ 5.	Same—Rules and regulations; penalty for violation.
§ 6.	Health officer—Appointment; compensation.
§ 7.	Same—Powers and duties.
§ 8.	Communicable diseases—Reports by physicians.
§ 9.	Same—Reports by owners of residences, etc.
§ 10.	Same—Establishing quarantine.
§ 11.	Same—Removal of diseased persons for proper isolation.
§ 12.	Same—Placarding residences, etc.; notifying superintendent of schools.
§ 13.	Same—Sale or disposal of infected articles.
§ 14.	Same—Interfering with quarantine notice.
§ 15.	Same—Penalty for violation of sections eight to fourteen.
§ 16.	Condemnation of wells and springs.
§ 17.	Vaccination of school teachers and pupils.
§ 18.	Inspection of streets and premises; abatement of nuisances.
§ 19.	Drains and running water; stagnant water.
§ 20.	Discharge of water, slops, etc.
§ 21.	Failure to remove nuisance, etc., after notice.

Sec. 1. Joint health board—Composition.

The city board of health shall be composed of a member of
the joint health board which is selected by the County of Albemarle,
a member of the joint health board which is selected by the
University of Virginia, and a member of the joint health board

which is selected by the City of Charlottesville, and said joint
health board, when selected and organized as provided for in a
contract dated May 29, 1936, 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. (Code 1932, § 365; Ord. May 29, 1936.)

Sec. 2. Same—Appointment and term of member selected
by city; term of other members.

The member of the joint health board to be selected by the
city as aforesaid, shall be appointed by the city council, and shall
hold office until September 1, 1936, and shall be elected thereafter
for a term of two years, and the other members of the city
board shall hold office so long as they, or their successors, shall
remain members of the joint health board. (Id.)

Sec. 3. Same—Powers and duties generally.

The joint health board shall exercise, perform and carry out
all the powers, duties and obligations now or hereafter prescribed
by this code or state law which pertain to public health and
sanitation. (Id.)

Sec. 4. Same—Powers and duties of officers, agents and
employees.

Such officers, agents and employees as the joint health board
shall appoint in pursuance of the aforesaid contract of May 29,
1936, shall have all the powers and shall perform all the duties,
now or hereafter prescribed by city ordinance or state law which
pertain to public health and sanitation. (Id.)

Sec. 5. Same—Rules and regulations; penalty for violation.

The joint health board shall have power to adopt and enforce
such reasonable rules and regulations as they may deem necessary
for health and sanitation not in conflict with this chapter

and state law, but such rules and regulations shall be subject
to the approval of the 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 ten dollars, nor
more than fifty dollars for the first offense and not less than
twenty-five dollars nor more than one hundred dollars for each
subsequent offense. (Code 1932, § 367.)

Sec. 6. Health officer—Appointment; compensation.

The joint health board shall appoint a health officer and fix
his salary subject to the approval of the city council, board
of supervisors of Albemarle County, and the University of
Virginia.

Sec. 7. Same—Powers and duties.

Subject to the supervision, direction and control of the joint
health board, the health officer shall:

(a) Have full direction and responsibility for the administration
of the joint health department. He shall have the power
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.

(b) 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.

(c) 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 by the director of finance upon vouchers
signed by the health officer.

(d) 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.

(e) 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. (Code 1932, §
366.)

Sec. 8. Communicable diseases—Reports by physicians.

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 section, the penalty shall be ten dollars. (Id.,
§ 369.)

Sec. 9. Same—Reports by owners of residences, etc.

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. (Id.)

Sec. 10. Same—Establishing quarantine.

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. (Id.)

Sec. 11. Same—Removal of diseased persons for proper
isolation.

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 two dollars 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,
that 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. (Code 1932, § 370.)

Sec. 12. Same—Placarding residences, etc.; notifying
superintendent of schools.

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 residence, 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. (Id., § 369.)

Sec. 13. Same—Sale or disposal of infected articles.

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 articles which are
infected. (Id.)

Sec. 14. Same—Interfering with quarantine notice.

No one shall displace, deface, remove, cover or conceal from
view any placard or notice posted as above provided, until the
quarantine is raised by the health officer or his duly authorized
representative. (Id.)

Sec. 15. Same—Penalty for violation of sections eight
to fourteen.

Any persons violating provisions of sections 8 to 14 shall be
fined not less than five dollars nor more than fifty dollars for
each offense, unless otherwise provided. (Id.)

Sec. 16. Condemnation of wells and springs.

Whenever the city health officer is informed or learns that

any well or spring in the city may be in such condition as to endanger
the health of persons who use or may use water therefrom,
he shall immediately cause such spring or well to be examined.
If, after such examination, he shall be of the opinion
that the spring or well is in such condition as to endanger the
health of persons using or who may use water therefrom, he
shall serve a warning notice on those who are liable to use the
water and put a warning sign upon or near 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 the spring or well should not
be closed or put in safe condition.

If, after hearing the case, it shall appear that the spring or
well is in such condition as to endanger the health of persons
using or who may use water therefrom, the 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 the
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 the spring or well shall be
fined not less than ten dollars nor more than twenty-five dollars
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 be effectively closed or made safe at the expense of
the owner thereof. (Code 1932, § 368.)

Sec. 17. Vaccination of school teachers and pupils.

Every teacher and pupil shall, within ten days after entering
the city schools, furnish a certificate from a reputable physician
certifying that such teacher or pupil has been successfully vaccinated
for smallpox, or a certificate from the health officer that

such teacher or pupil is entitled to exemption from vaccination
by reason of a peculiar physical condition; but nothing in this
section shall preclude a school board from requiring immediate
vaccination in the case of an epidemic of smallpox, or the annual
revaccination of those who have not furnished certificates of
proper vaccination. (Id., § 371.)

Sec. 18. Inspection of streets and premises; abatement
of nuisances.

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 twenty per centum additional
as a fine, shall be collected of such persons as other fines for
violation of city ordinances are collected. (Id., § 372.)

Sec. 19. Drains and running water; stagnant water.

If upon any ground in this city there be found a drain or
running water, the owner thereof, or abutting property owners,
shall be required to keep the same clean, free and unobstructed
from filth, garbage or vegetation. If stagnant water, or a marshy
place, shall be found upon any premises in the city, the owner
thereof shall be required to drain such stagnant water, or fill

such marsh 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. (Id.)

Sec. 20. Discharge of water, slops, etc.

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 section shall be fined two dollars for each day
the same may continue after notice from the health officer to
abate the same. (Id.)

Sec. 21. Failure to remove nuisance, etc., after notice.

If any person after being notified by the health officer to remove
anything belonging to him, or any nuisance caused by him,
or to bury or to destroy anything belonging to him, or found on
premises owned or occupied by him, shall fail to do so for twenty-four
hours after such notice, he shall forfeit two dollars 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. (Id.)

CHAPTER 16.

Libraries.

                   

§	1. Library board—Election and term of members; vacancies.
§	2. Same—Officers.
§	3. Same—Powers and duties generally.
§	4. Same—Appointment of librarian, etc.; fixing compensation of appointees.
§	5. Reports by board and librarian.
§	6. Audit and inventory of accounts and property.
§	7. Responsibility for expenditures; incurring obligations.
§	8. Duties and responsibilities of librarian.
§	9. Destroying or injuring books, etc.
§	10. Failure to return books, etc., after notice; books, etc., lost or destroyed.

Sec. 1. Library board—Election and term of members;
vacancies.

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. (Code 1932,
§ 454.)

Sec. 2. Same—Officers.

There shall be a chairman, vice-chairman and secretary of
the library board and any other officer deemed necessary. (Id.)

Sec. 3. Same—Powers and duties generally.

The library 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
the city. (Id.)

Sec. 4. Same—Appointment of librarian, etc.; fixing
compensation of appointees.

The library board shall appoint a librarian and assistant librarian
and such aids as may be essential to an efficient administration
of the affairs of the library, and shall fix the compensation
for each appointee, subject to the approval of the council. (Id.)

Sec. 5. Reports by board and librarian.

The librarian shall cause to be made on or before the tenth day
of each month to the city manager, a written report of the activities
of the library for the preceding month on forms prescribed
by the city manager. The library board and the librarian shall
also furnish from time to time such additional reports and information
as may be required by the council or the city manager.
(Code 1932, § 457.)

Sec. 6. Audit and inventory of accounts and property.

The director of finance shall, annually, or as often as he may
deem necessary, audit the accounts and inventory the property
of the city library, and shall require the person receiving and expending
library funds to keep accounts of all receipts and purchases
in such manner as the director of finance may prescribe
and a report of said annual audit and inventory shall be made to
the council not later than the tenth day of September in each
year. (Id., § 458.)

Sec. 7. Responsibility for expenditures; incurring obligations.

The library board and librarian shall be responsible and accountable
to the city for the proper expenditure and account of
all funds appropriated by the city or otherwise received for said
library, and no obligation shall be incurred by them beyond the
amount appropriated by the council. (Id., § 455.)

Sec. 8. Duties and responsibilities of librarian.

The librarian shall be responsible for the proper care of the
library building and its contents. He shall perform such other
duties as may be prescribed by the library board. (Id.)

Sec. 9. Destroying or injuring books, etc.

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 removes any book or other property from the
city public library shall be punished by a fine of not less than
two dollars and fifty cents or more than one hundred dollars.
(Code 1932, § 456.)

Sec. 10. Failure to return books, etc., after notice; books,
etc., lost or destroyed.

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 twenty-five dollars; 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. (Id.)

CHAPTER 17.

Milk.

                                                 

§ 1.	Definitions.
§ 2.	Sale of adulterated or misbranded milk or milk products prohibited.
§ 3.	Permits—Required; posting permit number.
§ 4.	Same—Revocation.
§ 5.	Same—Fees.
§ 6.	Labeling and placarding; card to be displayed by restaurants, etc.
§ 7.	Inspection of dairy farms and milk plants for the purpose of grading or regrading.
§ 8.	Testing of milk and milk products.
§ 9.	Grading of milk and cream.
§ 10.	Grade "A" raw milk.
§ 11.	Grade "B" raw milk.
§ 12.	Grade "A" pasteurized milk.
§ 13.	Grade "B" pasteurized milk.
§ 14.	Points to be scored by producers of grade "A" raw or pasteurized milk.
§ 15.	Points to be scored by producers of grade "B" raw or pasteurized milk.
§ 16.	Grades of milk and cream which may be sold.
§ 17.	Supplementary regrading.
§ 18.	Transferring or dipping; sale in food establishments.
§ 19.	Milk and cream from points beyond the inspection of the city.
§ 20.	Spitting.
§ 21.	Vehicles used in transporting.
§ 22.	Denaturing misbranded products.
§ 23.	Repasteurization prohibited.
§ 24.	Future dairies and milk plants.
§ 25.	Penalty.

Sec. 1. 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 of solids not
fat, and not less than three and one-fourth per cent 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 milk fat, and the acidity of which is
not more than twenty-hundredths per cent, 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 of
milk solids not fat.

(g) Cultured buttermilk. Cultured buttermilk is the product
resulting from the souring or treatment, by a lactic acid culture,
of milk or milk products. It contains not less than eight and
five-tenths per cent 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 thirty 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 of the
milk or milk products from which is sold and delivered to 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 months.

(r) Disinfectant. A disinfectant shall be taken to mean any
germicidal substance approved by the health officer. (Code 1932,
§ 378.)

Sec. 2. 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. (Id., § 379.)

Sec. 3. Permits—Required; posting permit number.

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. (Id., § 380.)

Sec. 4. Same—Revocation.

Such a permit may be revoked by the health officer upon the
violation by the holder of any of the terms of these regulations
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. (Id.)

Sec. 5. Same—Fees.

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 per year. (Id.)

Sec. 6. Labeling and placarding; card to be displayed by
restaurants, etc.

All bottles, cans, packages and other containers enclosing milk

or any milk products defined in section 1 shall be plainly labeled
or marked with (1) the name of the contents as given in the definitions
in section 1; (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. (Code 1932, § 381.)

Sec. 7. 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 separate inspections
within any one grading period shall call for 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. (Id., § 382.)

Sec. 8. 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. (Id., § 383.)

Sec. 9. Grading of milk and cream.

At least once every six 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 standards set out in sections 9 to 13, the
grading of cream, buttermilk and cultured buttermilk being identical
with the grading of milk, except that the bacterial standard
shall be give times in the case of cream, and omitted in the case of
buttermilk and cultured buttermilk. (Id., § 384.)

Sec. 10. Grade "A" raw milk.

Grade "A" raw milk is milk the average bacterial count of
which, as determined under section 8, 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; 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 veterinarian 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 veterinarian 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.

(2) Dairy barns—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) Same—Air space and ventilation. Such sections of all
dairy barns where cows are kept or milked shall have at least five
hundred cubic feet of air space per stanchion, and shall be well
ventilated.

(4) Same—Floors. The floors and gutters of such parts of
all dairy barns in which cows are kept or milked shall be constructed
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) Same—Walls and ceilings. The walls and ceilings 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) Same—Cow yard. All cow yards shall be graded and
drained as well as practical and kept clean.

(7) Manure disposal. The barn must be cleaned thoroughly at
least once a day and the manure carried to the fields or stored not
less than fifty 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 of dairy or more than fifty feet.
The milk house shall have at least three rooms, one for the handling
and storage of milk, one for washing and sterilizing utensils
and one for boiler.

(9) Same—Cleanliness and flies. The floors, walls, ceilings
and equipment of the milk house 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) Same—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) Same—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) Same—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) Same—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) Same—Flanks, etc. The flanks, bellies and tails of all
milking cows shall be free from visible dirt at the time of milking.

(19) Milkers' hands. Milkers' hands 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) 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. (Id.)

Sec. 11. 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. (Id.)

Sec. 12. 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 or disinfected utensils or
containers are handled or stored shall 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 section 1. 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° F. or less and maintained thereat until pasteurized;
and all pasteurized milk shall be immediately cooled to a
temperature of 50° F. 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 milk shall be delivered to the final consumer within sixty
hours of the time of pasteurization.

(22) Health certificate. 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) Cleanliness of personnel. All persons coming in contact
with milk or milk products, containers or equipment shall wear
clean outer garments and shall keep their hands clean at all times
while thus engaged. (Id.)

Sec. 13. 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.
(Id.)

Sec. 14. Points to be scored by producers of grade "A"
raw or pasteurized milk.

Dairy farms producing 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 centimeter. (Id.)

Sec. 15. Points to be scored by producers of grade "B"
raw or pasteurized milk.

Dairy farms producing grade "B" raw or pasteurized milk shall
score at least seventy points on the official score card of the State
Dairy and Food Division, and of the seventy points at least thirty-five
points must be for methods and the average bacteria count
shall not exceed two hundred thousand per cubic centimeter.
(Id.)

Sec. 16. 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 grade "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 thirty 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. (Code 1932, § 385.)

Sec. 17. 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
that the quality of the applicant's output has improved since the
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. (Id., § 386.)

Sec. 18. Transferring or dipping; sale in food establishments.

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
milk to and the collection of milk containers from quarantined
residences shall be subject to the special requirements of the health
officer. (Id., § 387.)

Sec. 19. 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. (Id., § 388.)

Sec. 20. Spitting.

No person shall spit in any part of any room, vehicle or other
place used for the sale, storage, handling or transportation of milk.
(Id., § 389.)

Sec. 21. Vehicles used in transporting.

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. (Id., § 390.)

Sec. 22. 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. (Id.,
§ 391.)

Sec. 23. Repasteurization prohibited.

No milk or milk products shall be pasteurized more than once
except as may be specially permitted by the health officer. (Id.,
§ 392.)

Sec. 24. 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 this chapter. (Id.,
§ 393.)

Sec. 25. Penalty.

Any person who shall violate any provision of this chapter relating
to milk or the handling thereof shall be fined not less than
five dollars nor more than one hundred dollars. Each and every
violation of the provisions of this chapter shall constitute a separate
offense. (Id., § 394.)

CHAPTER 18.

Motor Vehicles and Traffic.

Article I. Regulation of Traffic Generally.

                                                                                                                                             

§ 1.	Definitions.
§ 2.	Uniformity of interpretation.
§ 3.	Unlawful not to comply with article.
§ 4.	Drivers of state, county and city vehicles subject to provisions of chapter.
§ 5.	Persons riding bicycles or animals to obey traffic regulations.
§ 6.	Supervision by mayor and chief of police; traffic signs; penalty for violating regulations.
§ 7.	Regulatory powers of mayor and chief of police.
§ 8.	Direction of traffic by officer.
§ 9.	Signals by traffic officers.
§ 10.	Signals by lights or semaphores.
§ 11.	Local traffic signs.
§ 12.	Other than official traffic signs prohibited.
§ 13.	Injuring signs.
§ 14.	Driving while under the influence of intoxicating liquor or narcotic drugs.
§ 15.	Duty to report accident.
§ 16.	Garage keeper to report damaged and abandoned vehicles.
§ 17.	Reckless driving.
§ 18.	Restrictions as to speed; other acts declared misdemeanors.
§ 19.	Special speed limitations on bridges.
§ 20.	When speed limit not applicable.
§ 21.	Drive on right side of highways.
§ 22.	Keep to the right in crossing intersections or railroads.
§ 23.	Special regulations applicable on streets and highways laned for traffic.
§ 24.	Passing vehicles proceeding in opposite directions.
§ 25.	Overtaking a vehicle.
§ 26.	Driver to give way to overtaking vehicle.
§ 27.	Limitations on privilege of overtaking and passing.
§ 28.	Following too closely.
§ 29.	Turning around in street.
§ 30.	Turning at intersection.
§ 31.	Signals on starting, stopping or turning.
§ 32.	Right-of-way.
§ 33.	Exception to the right-of-way rules.
§ 34.	What to do on approach of police or fire department vehicle; following fire apparatus, etc.
§ 35.	Pedestrians.
§ 36.	Driving through safety zone prohibited.
§ 37.	Railroad warning signals must be obeyed.
§ 38.	Slowing down or stopping at railway grade crossings.
§ 39.	Stopping on highway.
§ 40.	Parking in front of fire hydrant, fire station, private driveway or intersection.
§ 41.	Driving on steep grades.
§ 42.	Coasting prohibited.
§ 43.	Lighting equipment of vehicles.
§ 44.	Requirements as to headlamps.
§ 45.	Acetylene lights.
§ 46.	Lights on parked vehicles.
§ 47.	Brakes; precautions to be taken when vehicles left unattended.
§ 48.	Steering gear.
§ 49.	Horns and warning devices.
§ 50.	Mirrors.
§ 51.	Signs, posters, etc., on windshields; windshield wipers.
§ 52.	Flag or light at end of load.
§ 53.	Prevention of noise, smoke, etc.; spilling contents from vehicles; vehicles hauling logs, etc.
§ 54.	Signal devices.
§ 55.	Sale or use of equipment not approved by commissioner; trademarks on equipment.
§ 56.	Size of vehicle and loads.
§ 57.	Trailers and towed vehicles.
§ 58.	Weight of vehicles and loads.
§ 59.	Permits for excessive size and weight.
§ 60.	Mayor and chief of police may decrease weight limits.
§ 61.	Officers may weigh vehicle and require removal of excess load.
§ 62.	Restrictions as to tire equipment.
§ 63.	One-way streets.
§ 64.	Parking to be in accordance with signs, signals, etc.
§ 65.	Parking in certain streets between certain hours.
§ 66.	Parking of busses, trucks, etc., between midnight and 6:00 A. M.
§ 67.	City license number plates to be attached to rear of motor vehicle.
§ 68.	Duty to stop in event of accident.
§ 69.	Penalties for misdemeanor.
§ 70.	Appearance upon arrest.
§ 71.	Report of convictions to be sent to division.

Article II. Parking Meters.

                               

§ 72.	Definitions.
§ 73.	Parking meter zone established; time limit.
§ 74.	Installation and operation.
§ 75.	Marking parking spaces adjacent to meters; manner of parking.
§ 76.	How parking meter and space to be used; overtime parking.
§ 77.	Permitting vehicle to remain parked at meter after expiration of time limit.
§ 78.	Use of slugs, etc., in meters.
§ 79.	Parking for purpose of making sales.
§ 80.	Injuring or tampering with meters.
§ 81.	Duty of police in case of overtime parking; penalty.
§ 82.	Deposits required levied as fees for certain purposes.
§ 83.	Loading zones, bus stops, etc., in parking meter zones.
§ 84.	Use of meter space for receiving passengers, making deliveries, etc.
§ 85.	Owner of vehicle prima facie guilty of violation.
§ 86.	Penalty.
§ 87.	Article applicable only to parking between certain hours.

Article III. Vehicles for Hire.

           

§ 88.	Inspecting and maintaining in safe condition.
§ 89.	Registration of vehicles; posting registration card; fees.
§ 90.	Registration of drivers; posting registration card and photograph; fees.
§ 91.	Bond or insurance required of operators.
§ 92.	Maximum rates; posting schedule.
§ 93.	Penalty.

Article I. Regulation of Traffic Generally.[21]

Sec. 1. 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 section except in those instances
where the context clearly indicates a different meaning.

"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.

"Commissioner." The term "commissioner" shall mean commissioner
of the State Division of Motor Vehicles.

"Crossing" or "crosswalks". The term "crossing" 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.

"Division." The Division of Motor Vehicles of this state, acting
directly, or through its duly authorized officers and agents.

"Farm tractor." Every motor vehicle designed and used primarily
as a farm implement for drawing plows, mowing machines
and other implements of husbandry.

"Highway." Every way or place of whatever nature open to
the use of the public for the purpose of vehicular travel.

"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.

"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.

"Motorcycle." Every motor vehicle designed to travel on not
more than three wheels in contact with the ground, and any fourwheeled
vehicle weighing less than five hundred pounds and
equipped with an engine of less than six horse power except any
such vehicle as may be included within the term "tractor" as herein
defined.

"Motor vehicle." Every vehicle, as herein defined which is self-propelled,
or designed for self-propulsion.

"Owner." A person who holds the legal title of a vehicle, or in
the event a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance
of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or
lessee, or in the event a mortgagor of a vehicle is entitled to possession,
then such conditional vendee or lessee or mortgagor shall
be deemed the owner for the purpose of this act, except that in all
such instances when the rent paid by the lessee includes charges
for services of any nature and when the lease does not provide
that title shall pass to the lessee upon payment of the rent stipulated,
the lessor shall be regarded as the owner of such vehicle, and
said vehicle shall be subject to such requirements of this act as are
applicable to vehicles operated for compensation.

"Passenger motor bus." Shall mean every vehicle running upon
a fixed schedule, engaged in carrying passengers, and having a
seating capacity of six or more persons.

"Pedestrian." Shall include and mean any person walking
afoot, and not at the moment, a passenger within a vehicle.

"Pneumatic tires." All tires inflated with compressed air.

"Private road or driveway." Every road or driveway not open
to the use of the public for the purpose of vehicular travel.

"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.

"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.

"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.

"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 so as to be plainly
visible at all times while set apart as a safety zone.

"Semi-trailer." Every vehicle of the trailer type so designed
and used in conjunction with a motor vehicle that some part of its
own weight and that of its own load rests upon or is carried by
another vehicle.

"Solid rubber tires." Every tire made of rubber other than a
pneumatic tire.

"Tractor truck." Every motor vehicle designed and used primarily
for drawing other vehicles and not so constructed as to
carry a load other than a part of the load and weight of the vehicle
attached thereto.

"Traffic." Shall mean the orderly use of streets by pedestrians
and vehicles, both singly and together.

"Trailer." Every vehicle without motive power designed for
carrying property or passengers wholly on its own structure and
for being drawn by a motor vehicle.

"Vehicle." Every device in, upon or by which any person or
property is or may be transported or drawn upon a 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.

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. (Code 1932, § 488.)

For provisions of the state law containing similar definitions, see
Michie's Virginia Code of 1942, § 2154(49).

Sec. 2. Uniformity of interpretation.

This article 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. (Id., §
489(71).)

Sec. 3. Unlawful not to comply with article.

It shall be unlawful for any person to refuse, fail or neglect to
comply with any of the provisions of this article.

Sec. 4. Drivers of state, county and city vehicles subject
to provisions of chapter.

The provisions of this chapter 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 chapter. (Code 1932, § 489(33).)

Sec. 5. Persons riding bicycles or animals to obey traffic
regulations.

Every person riding a bicycle or an animal upon a roadway and
every person driving any animal shall be subject to the provisions
of this article applicable to the driver of a vehicle, except those
provisions which by their very nature can have no application.

Sec. 6. Supervision by mayor and chief of police; traffic
signs; penalty for violating regulations.

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 chapter or of Chapter 90B of Michie's
Virginia Code of 1942, and any amendments thereto, cited as "The
Motor Vehicle Code of Virginia". Persons using the sidewalks
and streets of the city shall comply at all times and places with
any direction by voice, hand, whistle, sign, or signal from any
member of the police force as to the starting, stopping, slowing,
parking or setting down passengers, and in loading or unloading
vehicles.

The 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 he may deem necessary, provided the same
are placed in accordance with traffic regulations which have been
approved by the mayor.

It shall be unlawful for any person to violate any such traffic
regulation, sign, signal or other device for handling traffic, and
any person violating any of the provisions of this section shall be
liable to a fine of not less than two dollars and fifty cents nor more
than twenty-five dollars. (Code 1932, § 489(69); Ords. May 7,
1934, May 22, 1934.)

Sec. 7. Regulatory powers of mayor and 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, and
may prohibit other than one-way traffic upon certain highways and
may regulate the use of the highways by processions or assemblages.

The mayor and chief of police may also, when and where conditions
require:

Adopt any such regulations not in conflict with the provisions
of this article, 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.

Adopt regulations requiring all vehicles to come to a full stop
at any street intersection other than a street which has been designated
as a part of the primary system of state highways. (Code
1932, § 489(34).)

Sec. 8. Direction of traffic by officer.

Officers of the law, authorized or permitted under this chapter,
shall by voice, hand, or signal, direct all traffic, but shall not forbid
or prevent anyone from proceeding or standing in a manner
permitted or required by law. (Id.)

Sec. 9. 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 moving line of traffic, hand extended, palm toward
traffic to be stopped. Repeat movement with other hand to
stop traffic from 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. (Id.)

Sec. 10. Signals 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 be 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. (Id.)

Sec. 11. 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 railway grade crossings and such other
signs as may be deemed necessary to carry out the provisions of
this article and to control traffic. (Code 1932, § 489(59).)

Sec. 12. Other than official traffic 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 article, and no person shall erect or maintain
upon any highway any traffic or highway sign or signal bearing
thereon any commercial advertising; provided, that nothing in
this section shall be construed to prohibit the erection or maintenance
of signs, markers or signals bearing thereon the name of
an organization authorized to erect the same by the state highway
commission, mayor or city manager. (Id., § 489(60).)

Sec. 13. Injuring signs.

Any person who shall deface, injure, knock down or remove
any sign legally posted as provided in this article shall be guilty of
a misdemeanor. (Id., § 489(61).)

Sec. 14. Driving while under the influence of intoxicating
liquor or narcotic drugs.

It shall be unlawful for any person to drive or operate any automobile
or other motor vehicle, car, truck, engine, or train in this
city while under the influence of alcohol, brandy, rum, whisky,
gin, wine, beer, lager beer, ale, porter, stout or any other liquid,
beverage or article containing alcohol or while under the influence
of any narcotic drug, or any other self-administered intoxicant
or drug of whatsoever nature.

Any person who violates any provision of this section shall be
guilty of a misdemeanor punishable by a fine of not less than one
hundred dollars nor more than one thousand dollars or imprisonment
for not less than one month nor more than six months, either
or both, in the discretion of the court or jury trying same, for a
first offense, and the court may, in its discretion, suspend the sentence
during the good behavior of the person convicted. Any person

convicted of a second, or other subsequent offense under this
section, shall be punishable by a fine of not less than one hundred
dollars nor more than one thousand dollars and by imprisonment
for not less than one month nor more than one year.

The judgment of conviction, if for a first offense under this
section, shall of itself operate to deprive the person convicted of
the right to drive or operate any such vehicle, conveyance, engine,
or train in this state for a period of one year from the date of such
judgment, and if for a second or other subsequent offense, for a
period of three years from the date of judgment of conviction
thereof. If any person has heretofore been convicted of violating
any similar act of this state or ordinance of this city and thereafter
is convicted of violating the provisions of the first paragraph of
this section, such conviction shall for the purpose of this section
be a subsequent offense and shall be punished accordingly; and the
court may in its discretion, suspend the sentence during the good
behavior of the person convicted. If any person so convicted,
shall during the time for which he is deprived of his right so to
do, drive or operate any such vehicle, conveyance, engine, or train
in this state, he shall be guilty of a misdemeanor punishable by a
fine of not less than one hundred, nor more than one thousand
dollars and by imprisonment for not less than one month nor more
than six months, and no court shall suspend the sentence in any
such case.

The clerks of all courts of record and every justice of the peace,
including police, trial and juvenile justices, shall, within thirty
days after final conviction of any person in their courts under
this section, report the fact thereof and the name, post-office address,
and street address of such person, together with the license
plate number on the vehicle operated by such person, to the commissioner
who shall preserve a record thereof in his office. (Code
1932, § 489(1); Ords. May 7, 1934, May 4, 1936.)

Sec. 15. Duty to report accident.

The driver of any vehicle involved in any accident resulting in

injury to or death of any person shall immediately, by the quickest
means of communication, give notice of such accident to the police
department.

The driver of a vehicle involved in an accident resulting in injury
to or death of any person or total property damage to apparent
extent of ten dollars or more shall, within twenty-four
hours after such accident, forward a written report of such accident
to the police department. (Code 1932, § 489(31).)

Sec. 16. Garage keeper to report damaged and abandoned
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 motor vehicle 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.

The person in charge of any garage or repair shop, or automotive
service or storage place shall report to the police station any
motor vehicle left unclaimed in his place of business for more than
two weeks when he does not of his own knowledge know the
name of the owner and the reason for such storage. (Id., §
489(32).)

Sec. 17. Reckless driving.

(a) Irrespective of the maximum speeds herein provided, any
person who drives a vehicle upon a highway recklessly, or at a
speed or in a manner so as to endanger life, limb or property of
any person shall be guilty of reckless driving; provided, that the
driving of a motor vehicle in violation of any speed limit provision
of section 18 of this chapter shall not of itself constitute ground
for prosecution for reckless driving under this section.

(b) Any person who shall

• (1) Drive a vehicle when not under proper control, or with
  inadequate or improperly adjusted brakes upon any highway
  of the city, or

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• (2) While driving a vehicle, overtake and pass another
  vehicle proceeding in the same direction, upon or approaching
  the crest of a grade or upon or approaching a curve in the
  highway, where the driver's view along the highway is obstructed,
  or

• (3) Pass or attempt to pass two other vehicles abreast,
  moving in the same direction, or

• (4) Overtake or pass any other vehicle proceeding in the
  same direction at any steam or electric railway grade crossing,
  or at any intersection of highways, or while pedestrians are
  passing or about to pass in front of either of such vehicles,
  unless permitted so to do by a traffic light or police officer, or

• (5) Fail to stop at a school bus while taking on or discharging
  school children, whether going in the same or the
  opposite direction and to remain stopped until all school children
  are clear of the highway, or

• (6) Fail to give adequate and timely signals of intention
  to turn, partly turn, slow down, or stop, as required by section
  31 of this chapter, or

• (7) Exceed a reasonable speed under the circumstances
  and traffic conditions existing at the time, or

• (8) Fail to bring his vehicle to a stop immediately before
  entering a highway from a side road when there is traffic approaching
  upon such highway within five hundred feet of
  such point of entrance, shall be guilty of reckless driving.

(c) Every person convicted of reckless driving under this section
shall, for the first violation, be punished by a fine of not less
than ten dollars nor more than one hundred dollars, or by imprisonment
in jail for not more than thirty days, or by both such fine
and imprisonment; for each second or subsequent conviction for
the offense of reckless driving under this section, committed within
twelve months from the date of a prior conviction for reckless
driving, every such person shall be punished by a fine of not less
than fifty dollars, nor more than five hundred dollars, or by imprisonment
in jail for not less than ten days nor more than six
months, or by both such fine and imprisonment.

In addition to the foregoing punishment, any justice or court
may suspend any license issued to such convicted person under an
act of the General Assembly, approved March twenty-ninth, nineteen
hundred and thirty-two, and amendments thereof, known,
designated and cited as the Virginia Operators' and Chauffeurs'
License Act[22] for a period of not less than ten days nor more than
six months, and such justice or court shall require such convicted
person to surrender his license so suspended. If such person so
convicted has not obtained the license required by the said act,
such justice or court may direct in the judgment of conviction that
such person shall not, for such period of not less than ten days
nor more than six months as may be prescribed in the said judgment,
drive or operate any motor vehicle in this state.

It shall be the duty of such justice or court, or the clerk of such
justice or court, to transmit such license to the commissioner, along
with the report of such conviction required to be sent to the division.

If any person shall drive any vehicle upon any highway while
his license is so suspended, or while so forbidden to drive or
operate a motor vehicle in this state, he shall be punished by imprisonment
in jail for a period not less than two days nor more
than six months, and there may be imposed in addition thereto a
fine of not more than five hundred dollars. (Id., § 489(2); Ord.
Aug. 17, 1936.)

Sec. 18. Restrictions as to speed; other acts declared
misdemeanors.

Any person who shall

(a) Drive any vehicle upon a highway in the city at such speed
as to unnecessarily block, hinder or retard the orderly and safe
use of the highway or so as to cause congestion on the highway, or

(b) Drive upon any highway in the city any motor vehicle at a
speed in excess of

• (1) Fifteen miles an hour when passing a school during
  recess or while children are going to or leaving school; provided,
  

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  that markers be placed on the highway so as to indicate
  the location of such schools, or

• (2) Fifteen miles an hour in a business district as defined
  in this article, or

• (3) Twenty-five miles an hour in a residential district as
  defined in this article, or

• (4) Such speed as shall be fixed by the State Highway
  Commission or the council of the city, for congested areas or
  curves, right angle turns or other dangerous points on the
  highways, when such areas or points are clearly indicated by
  markers or signs, or

• (5) Drive anywhere else upon a highway in the city any
  school bus carrying school children to or from school at a
  speed in excess of thirty-five miles per hour, or any other
  passenger-carrying bus at a speed in excess of thirty-five
  miles per hour, or any passenger motor vehicle or motorcycle
  at a speed in excess of thirty-five miles per hour, or any other
  motor vehicle, including trucks, at a speed in excess of thirty-five
  miles per hour; provided, however, that the speed limit
  established by this section shall have no application to the
  operation of any motor vehicle while being operated by any
  member of the armed forces of this state or of the United
  States, acting in his line of duty and on the orders of a commissioned
  officer of such forces, or

(c) Drive to the left of a center of the street except upon one-way
streets, or

(d) Violate any provision of the right-of-way laws, as set forth
in sections 32 and 33 of this chapter, or

(e) Drive a vehicle out of an alley, lane or building into a street
without first bringing such vehicle to a stop immediately before
entering such street, or

(f) Make a left turn without passing to the right of the center
of the intersection, whether marked or not, or

(g) Make a right turn without keeping close to the curb, or

(h) Coast or operate a motor vehicle with the gears in neutral,
or

(i) While operating a vehicle upon any highway, fail or refuse
to control the lights of such vehicle by shifting, depressing, tilting
or dimming the headlight beams thereof so as not to project into
the eyes of the driver of any oncoming vehicle a glaring or dazzling
light, shall be punished in accordance with the provisions of section
68 of this chapter. (Code 1932, § 489(3); Ord. Feb. 5,
1940.)

Sec. 19. Special speed limitations on bridges.

It shall be unlawful to drive any motor vehicle, trailer or semitrailer
upon any public bridge, causeway or viaduct at a speed exceeding
that indicated as a maximum by signs posted thereon or
at its approach by or upon the authority of the State Highway
Commission.

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. (Code
1932, § 489(7).)

Sec. 20. When speed limit not applicable.

The speed limitations set forth in this article 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 or pulmotor call nor to 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. (Id., §
489(8).)

Sec. 21. Drive on right side of highways.

Except as otherwise provided in section 23 of this chapter, 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 sections 25 and 27
of this chapter. (Id., § 489(9).)

Sec. 22. 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. (Id.,
§ 489(10).)

Sec. 23. Special regulations applicable on streets and
highways laned for traffic.

Whenever any highway has been divided into clearly marked
lanes for traffic, drivers of vehicles shall obey the following regulations:

(a) A vehicle shall normally be driven in the lane nearest the
right-hand edge or curb of the highway when said lane is available
for travel except when overtaking another vehicle or in preparation
for a left turn.

(b) A vehicle shall be driven as nearly as is practicable entirely
within a single lane and shall not be moved from such lane until
the driver has first ascertained that such movement can be made
with safety.

(c) Upon a highway which is divided into three lanes a vehicle
shall not be driven in the center lane except when overtaking and
passing another vehicle or in preparation for a left turn or unless
such center lane is at the time allocated exclusively to traffic moving
in the direction the vehicle is proceeding and is signposted or
marked to give notice of such allocation.

(d) Wherever a highway is marked with double traffic lines
consisting of a solid line immediately adjacent to a broken line,
no vehicle shall be driven to the left of such line, if the solid line
is on the right of the broken line.

(e) Wherever a highway is marked with double traffic lines
consisting of two immediately adjacent solid lines, no vehicle shall
be driven to the left of such lines.

Sec. 24. Passing vehicles proceeding in opposite directions.

Drivers of vehicles proceeding in opposite directions shall pass
each other to the right, each giving to the other, as nearly as possible,
one half of the main traveled portion of the roadway. (Code
1932, § 489(11).)

Sec. 25. Overtaking a vehicle.

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, except as hereinafter provided.

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.

The driver of a vehicle may overtake and pass upon the right
of another vehicle which is making or about to make a left turn
and the driver of which has given a signal as required in section
31 of this chapter. (Id., § 489(12).)

Sec. 26. Driver to give way to overtaking vehicle.

Except when overtaking and passing on the right is permitted,
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 the overtaking

vehicle, and shall not increase the speed of his vehicle until
completely passed by the overtaking vehicle. (Id., § 489(14).)

Sec. 27. Limitations on privilege of overtaking and
passing.

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 oncoming 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. (Id.,
§ 489(13).)

Sec. 28. Following too closely.

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.

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.
(Id., § 489(15).)

Sec. 29. Turning around in street.

The driver of a vehicle within a business district shall not turn
such vehicle so as to proceed in the opposite direction except at
an intersection of public highways; provided further, that no such
turn shall be made on Main Street between Seventh Street, East,
and the west side of the Lewis and Clark Monument. (Id., §
489(16).)

Sec. 30. 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 of the center of such

intersection 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. (Id., § 489(17).)

Sec. 31. Signals on starting, stopping or turning.

(a) Every driver who intends to start, stop or turn or partly
turn from a direct line, shall first see that such movement can be
made in safety and whenever the operation of any other vehicle
may be affected by such movement shall give a signal as required
in this section 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 or electrical device approved
by the commissioner.

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 continuously for a distance of
at least fifty feet before slowing down, stopping, turning, partly
turning, or materially altering the course of the vehicle.

(g) Drivers having once given a hand, electrical or mechanical
device signal must continue the course thus indicated unless they
alter the original signal and take care that drivers of vehicles and
pedestrians have seen and are aware of the change.

(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, as hereinbefore provided, before turning in the
direction the vehicle will proceed from the curb. (Id., § 489(18).)

Sec. 32. 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 section 34 of this chapter. 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
an intersection shall yield the right-of-way to a vehicle within such
intersection and turning therein to the left across the line of
travel of such first-mentioned vehicle; provided, that the driver of
the vehicle turning left has given a plainly visible signal of intention
to turn left as required in section 31 of this chapter.

(c) The driver of any vehicle upon a highway within a business
or residence district shall yield the right-of-way to a pedestrian
crossing such highway within any clearly marked crosswalk 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. (Id.,
§ 489(19).)

Sec. 33. Exception to the right-of-way rules.

The driver of a vehicle entering a public highway from a private
road or driveway shall, immediately before entering such highway,
stop, and upon entering such highway shall yield the right-of-way
to all vehicles approaching on such public highway. (Id., §§
489(20), 489(21).)

Sec. 34. What to do on approach of police or fire department
vehicle; following fire apparatus, etc.

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 at or

near as possible and parallel to the right-hand edge 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. 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 consequences of an arbitrary
exercise of such right-of-way.

It shall be unlawful for the driver of any vehicle other than one
on official business to follow any fire apparatus traveling in response
to a fire alarm at any distance closer than five hundred feet
to such apparatus or to drive into or park such vehicle within five
hundred feet of where fire apparatus has stopped in answer to a
fire alarm. (Id., § 489(22).)

Sec. 35. Pedestrians.

(a) When crossing highways or streets, pedestrians shall not
carelessly or maliciously interfere with the orderly passage of vehicles.
They shall cross wherever possible only at intersections.
Pedestrians crossing highways or streets at intersections shall at
all times have the right-of-way over vehicles making turns into the
highways or streets being crossed by the pedestrians.

(b) At intersections where no traffic officer is on duty, pedestrians
shall have the right-of-way over vehicles.

(c) No pedestrian shall enter or cross an intersection regardless
of approaching traffic.

(d) The drivers of vehicles entering, crossing or turning at
intersections shall change their course, slow down, or come to a
complete stop if necessary to permit pedestrians to safely and expeditiously
cross such intersections.

(e) Pedestrians shall cross highways or streets only at right
angles. They shall not step into that portion of a highway or
street open to moving vehicular traffic at any point between intersections
where their presence would be obscured from the vision
of drivers of approaching vehicles by a vehicle or other obstruction
at the curb or side, except to board a passenger bus or to enter a

safety zone, in which event they shall cross the highway or street
only at right angles.

(f) When actually boarding or alighting from passenger buses,
pedestrians shall have the right-of-way over vehicles, but shall not,
in order to board or alight from passenger buses, step into the
highway or street sooner nor remain there longer than is absolutely
necessary to do so.

(g) Pedestrians shall not use the highways or streets other than
the sidewalks thereof, for travel, except when necessary to do so
because of the absence of sidewalks, reasonably suitable and passable
for their use, in which case they shall keep as near as reasonably
possible to the extreme left side or edge of the highways or
streets.

(h) No person shall play on a highway or street other than
upon the sidewalks thereof. No person shall use on a highway
or street where play is prohibited roller skates, coasters or similar
vehicles or toys or other devices on wheels or runners, except bicycles,
tricycles and motorcycles. The mayor and chief of police
may designate areas on highways or streets in which persons may
be permitted to use roller skates, coasters or similar vehicles or
toys or other devices on wheels or runners, and if such highways
or streets have two traffic lanes, such persons shall keep as near as
reasonably possible to the extreme left side or edge of the lefthand
traffic lane so that they will be facing oncoming traffic at all
times.

(i) Any persons convicted of violating any of the foregoing
provisions of this section shall be fined not less than two dollars
nor more than twenty-five dollars for each offense. (Id., §
489(67).)

Sec. 36. Driving through safety zone prohibited.

The driver of a vehicle shall not at any time drive through or
over a safety zone. (Id., § 489(24).)

Sec. 37. 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. (Id., §
489(4).)

Sec. 38. Slowing down or stopping at railway grade
crossings.

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
fifty feet from the nearest rail of such railway track; provided,
that such person shall stop at such crossing where gates are maintained
when such gates are closed down, or being lowered, and
where a flagman is stationed and on duty at the time, whenever
signaled to stop by such flagman.

The provisions of this section shall not change or alter in any
manner the existing laws as to the duty or liability of railway companies
for damages to persons or property, and failure to comply
with the provisions of this section on the part of the driver of the
vehicle shall not be considered contributory negligence in an action
against the railway company for damage to persons or property,
whether the same be injury to the person or property of the driver
or any other person. It shall not be necessary to establish the fact
that the driver complied with the provisions of this section in order
to recover any action for damages to persons or property against
a railway company. (Id., § 489(5).)

Sec. 39. 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
unattended, upon the paved, improved or main-traveled portion
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 vehicles shall be stopped in any street except close to and parallel
with the curb, and in no instance shall such vehicles 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 shall be 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) If any officer charged with the enforcement of this section
shall find a vehicle standing upon a highway in violation of the provisions
of this section, 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. (Id.,
§ 489(25).)

Sec. 40. Parking in front of fire hydrant, fire station,
private driveway or intersection.

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 lines at an intersection of highways.
(Id., § 489(26).)

Sec. 41. Driving on steep grades.

The driver of a motor vehicle descending steep grades shall hold
such motor vehicle under control and as near the right-hand side
of the highway as reasonably possible. (Id., § 489(28).)

Sec. 42. Coasting prohibited.

The driver of a motor vehicle when traveling on a down grade
upon any highway shall not coast with the gears of such vehicle
in neutral. (Id., § 489(29).)

Sec. 43. Lighting equipment of vehicles.

(a) Lamps required on all vehicles. Every vehicle operated or
moved upon a highway within the city, shall at all times be
equipped with lamps as are in this section respectively required
for different classes of vehicles, which lamps shall at all times be
capable of being lighted, except as herein otherwise provided.

(b) Headlamps on motor vehicles. Every motor vehicle other
than a motorcycle, road roller, road machinery or tractor used on
a highway shall be equipped with two headlamps, no more or no
less, of equal candle power, not exceeding thirty-two mean spherical
candle power, or such candle power as may be required or permitted
by the director, at the front of and on opposite sides of the
motor vehicle, which headlamps shall comply with the requirements
and limitations hereinafter set forth and shall be of a type
which has been approved by the commissioner.

Provided, however, that special lamp or light designed for the

purpose of penetrating fog and for safe driving in bad weather,
may be used with the approval of the commissioner.

(c) Head lamps on motorcycles. Every motorcycle shall be
equipped with at least one and not more than two headlamps which
shall be of a type that has been approved by the commissioner and
shall be capable of projecting sufficient light to the front of such
motorcycle to render discernible a person or object at a distance of
two hundred feet, but shall not project a glaring or dazzling light
to persons approaching such motorcycles.

(d) Rear lamps. Every motor vehicle, trailer or semi-trailer
which is being drawn at the end of one or more other vehicles, or
motorcycles, shall carry at the rear a lamp capable of exhibiting a
red light plainly visible under normal atmospheric conditions from
a distance of three hundred feet to the rear of such vehicle and
such rear lamp shall be so constructed, and so mounted in its relation
to the rear license plate as to illuminate by a white light such
license plates so that same may be read from a distance of fifty
feet to the rear of such vehicle, or a separate white light shall be
so mounted as to illuminate and make visible such rear license
from a distance of fifty feet to the rear of such vehicle, such rear
light and special white light to be of a type that has been approved
by the commissioner.

(e) Lamps of bicycles. Every bicycle shall be equipped with
a lamp on the front thereof which will give a light 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 lamp on the rear which will exhibit a red light visible under
like conditions from a distance of at least three hundred feet to the
rear of such bicycle.

(f) Lamps on other vehicles. All vehicles not heretofore in
this section required to be equipped with specified lamps shall
carry one or more lamps or lanterns capable of projecting a white
light to the front and red to the rear, visible under normal atmospheric
conditions from a distance of not less than three hundred
feet to the front and rear of such vehicles.

In lieu of the rear light on bicycles provided for in subsection

(e) of this section and of lamps or lanterns to be carried by other
than self-propelled vehicles, there may be substituted reflex reflectors
to be permanently affixed to the rear of bicycles and to the
rear and front of such vehicles other than self-propelled vehicles
to be of a type, size and color approved by the commissioner.

(g) Dimension or marker lights. All motor vehicles exceeding
seven feet in height or in width or the widest portion of which extends
four inches beyond the front fender extremes shall be
equipped with lamps mounted at the extreme right and left hand
front top corners of such vehicle, each of which lamps shall be
capable of projecting an amber light visible under normal atmospheric
conditions for a distance of at least three hundred feet to
the front of such vehicle, and shall be equipped with lamps
mounted at the extreme right and left-hand rear top corners of
such vehicle, each of which lights shall be capable of projecting a
red light visible under normal atmospheric conditions for a distance
of at least three hundred feet to the rear of such vehicle.
If the front and the rear of such vehicle shall not be the widest
portions of such vehicle, the dimension or marker lights required
in this subsection shall be mounted on the widest portions of the
vehicle with the green lights herein required visible from the front
as herein required, and the red lights herein required visible from
the rear as herein required. The lamps herein required shall be of
a type that has been approved by the commissioner.

(h) Spotlights or ditch lights. Any motor vehicle or motorcycle
may be equipped with not to exceed one spotlight or ditch
light which when lighted shall be aimed and used so that no portion
of the beam will be directed to the left of the center of the
highway at any time or more than one hundred feet ahead of the
vehicle, and shall be of a type that has been approved by the commissioner.
No such spotlight shall be used in conjunction with or
as a substitute for required headlights, except in case of emergency.

(i) Side and interior lamp; signs on public carriers, etc. Any
motor vehicle may be equipped with not to exceed two side lamps
of not more than six candle power; interior light of not more than

fifteen candle power; vacant or destination signs on vehicles operated
as public carriers, and signal lamps. No motor vehicle shall
be operated upon a highway in the city equipped with lamps other
than those permitted under this subsection unless such lamps shall
be of a type approved by the commissioner.

(j) Commissioner must require or permit lamps used. No
motor vehicle shall be operated on any highway which is equipped
with any lighting device other than lamps required or permitted
in this chapter or required or permitted by the commissioner.

(k) When lights to be used; penalty; carrying spare bulbs. If
natural light is insufficient to enable the operator of a vehicle to
discern an object at a distance of three hundred feet, the lamps in
this section respectively required for different classes of vehicles
shall be lighted. It shall be unlawful and constitute a misdemeanor
for any person to violate the provisions of this subsection;
provided, however, that if the driver of the vehicle at the time that
he is stopped by the arresting officer shall have in his vehicle and
shall display to such officer a complete set of spare bulbs and fuses
for required lights and shall, in the presence of the officer install
such bulbs or fuses as may be necessary to have the vehicle lighted
as in this chapter required, the arresting officer and any court may
consider the possession and installation of such spare bulbs and
fuses as a mitigating circumstance or a complete bar to a prosecution
under this subsection. (Id., § 489(49).)

Sec. 44. Requirements as to headlamps.

(a) Approved single-beam headlamps shall be aimed in accordance
with requirements adopted by the commissioner so as not to
project a glaring or dazzling light to persons approaching such
headlamps and shall be of sufficient intensity to reveal persons and
objects at a distance of at least two hundred feet.

(b) Approved multiple-beam headlamps shall be aimed in accordance
with requirements adopted by the commissioner based on
recommendations of the society of automotive engineers. An
uppermost distribution of light shall be provided of sufficient intensity
to reveal persons and objects at least three hundred and

fifty feet ahead, and at least one lower, non-glaring distribution of
light shall be provided. All road-lighting beams shall be of such
intensity as to reveal persons and objects at least one hundred feet
ahead.

Every new motor vehicle hereafter sold when operated on a
highway shall be equipped with an indicator lamp in good condition
which shall indicate to the operator when the uppermost distribution
of light is being used.

(c) Whenever a vehicle is being operated upon a highway or a
portion thereof, which highway is sufficiently lighted to reveal any
person or object upon such way at a distance of three hundred and
fifty feet ahead, it shall be the duty of the operator of such vehicle
to use one of the lowermost distributions of light, or to dim the
headlamps if the vehicle has single-beam lamps. Whenever a vehicle
approaches an oncoming vehicle within five hundred feet it
shall be the duty of the operator of such vehicle to use one of the
lowermost distributions of light so aimed that glaring rays are not
projected into the eyes of the oncoming driver, or to dim the head
lamps if the vehicle has single-beam lamps. (Id., § 489(51).)

Sec. 45. Acetylene lights.

Motor vehicles may be equipped with two acetylene headlamps
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 project a driving light sufficient to render clearly discernible
a person upon the roadway within a distance of two hundred feet
but must not project a glaring or dazzling light into the eyes of approaching
drivers.

Vehicles equipped with acetylene lights as hereinbefore provided
shall also be equipped with a rear lamp of acetylene type
which, when lighted, shall project a red light visible for a distance
of three hundred feet to the rear of the vehicle and shall be so
constructed as to illuminate by a white light the rear license plate
of such vehicle so as to be read for a distance of fifty feet from
the rear of such vehicle. (Id., § 489(52).)

Sec. 46. Lights on parked vehicles.

Whenever a vehicle is parked or stopped upon a highway
whether attended or unattended during the period from a half hour
after sunset to a half hour before sunrise, there shall be displayed
upon such vehicle one or more lamps projecting a white light visible
under normal atmospheric conditions from a distance of three
hundred feet to the front of such vehicle and projecting a red
light visible under like conditions from a distance of three hundred
feet to the rear, except that no lights need be displayed upon any
such vehicle when parked in accordance with this and other sections
of this article upon any highway where there is sufficient
light to reveal any persons within a distance of two hundred feet
upon such highways. (Id., § 489(56).)

Sec. 47. Brakes; precautions to be taken when vehicles
left unattended.

(a) Every motor vehicle when operated upon a highway shall
be equipped with brakes adequate to control the movements of and
to stop such vehicle, and such brakes shall be maintained in good
working order and shall conform to regulations provided in this
section.

(b) 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 hand brake thereon, stopping the motor
and turning the front wheels into the curb or side of the highway.

(c) On a dry, hard, approximately level stretch of highway free
from loose material, the service (foot) brake shall be capable of
stopping the motor vehicle at a speed of twenty miles per hour
within a distance of twenty-five feet with four-wheel brakes or
forty-five feet with two-wheel brakes. The hand brake shall be
capable of stopping the vehicle under like conditions of this section
within a distance of not more than seventy-five feet.

(d) Motor trucks and tractor-trucks with semi-trailers attached,
shall be capable of stopping on a dry, hard, approximately level
highway free from loose material at a speed of twenty miles per
hour within the following distances: thirty feet with both hand
and service brake applied simultaneously and fifty feet when either

is applied separately, except that vehicles maintained and operated
permanently for the transportation of property and which were
registered in this or any other state or district prior to August,
nineteen hundred and twenty-nine, shall be capable of stopping on
a dry, hard, approximately level highway free from loose material
at a speed of twenty miles per hour within a distance of fifty feet
with both hand and service brake applied simultaneously and within
a distance of seventy-five feet with either applied separately.

(e) Every semi-trailer or trailer or separate vehicle attached by
a draw bar, chain or coupling to a towing vehicle and having a
rated and actual carrying capacity of two tons, or more, shall be
equipped with brakes controlled or operated by the driver of the
towing vehicle, which shall conform to the specifications set forth
in subsection (d) of this section and shall be of a type approved
by the commissioner. (Id., § 489(44).)

Sec. 48. Steering gear.

Every motor vehicle being operated upon a highway shall be
equipped with steering gear adequate to insure the safe control of
the vehicle and shall not show signs of weakness or breaking under
ordinary conditions.

Sec. 49. Horns and warning devices.

(a) Every motor vehicle, trailer or semi-trailer operated upon
a highway shall be equipped with a horn in good working order,
capable of emitting sound audible under normal conditions over a
distance of not less than two hundred feet; 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
horn. It shall be unlawful for any vehicle to be equipped with, or
for any person to use, any horn or warning device while upon a
highway or any way open to public travel that is not of a type that
has been approved by the commissioner, 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 commissioner
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 commissioner.
(Code 1932, § 489(45).)

Sec. 50. Mirrors.

No person shall operate a motor vehicle upon a highway which
is not equipped with a mirror so located as to reflect to the operator
a view of the highway for a distance of not less than two hundred
feet to the rear of such vehicle. The mirrors required by this
section shall be of the type approved by the commissioner. (Id.,
§ 489(46).)

Sec. 51. Signs, posters, etc., on windshields; windshield
wipers.

It shall be unlawful for any person to operate any vehicle,
trailer or semi-trailer 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 placed by law, or which may
be permitted by the commissioner.

Every permanent windshield on a motor vehicle shall be
equipped with a device for cleaning snow, rain, moisture or other
matter from the windshield directly in front of the operator, which
device shall be so constructed as to be controlled or operated by the
operator of the vehicle; provided, that every such device on a vehicle
designed or used to carry passengers for compensation or
hire, or as a public conveyance to transport school children or
others, shall be of a mechanically or electrically operated type.
The devices required by this section shall be of a type approved by
the commissioner. (Id., § 489(47).)

Sec. 52. 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 light
plainly visible under normal atmospheric conditions at least two
hundred feet from the rear of such vehicle. (Id., § 489(37).)

Sec. 53. Prevention of noise, smoke, etc.; spilling contents
from vehicles; vehicles hauling logs, etc.

(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 motor
shall be directed parallel with the ground or slightly upward.

(b) It shall be unlawful for any motor vehicle to be equipped
with, or for any person to use, a "muffler cutout" or "straight exhaust"
while such motor vehicle is being operated upon a highway.

(c) No vehicle shall be operated or moved upon any highway
unless such vehicle is so constructed as to prevent its contents from
dropping, sifting, leaking or otherwise escaping therefrom.

(d) No vehicle which is designed and used for the purpose of
hauling logs, poles or lumber shall be operated or moved over any
highway unless its load is securely fastened by chain or metal cable
so as to prevent the shifting or falling of such load from the vehicle.
(Id., § 489(48).)

Sec. 54. 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 required in
section 31 of this chapter from being visible both to the front and
rear of such vehicle or any vehicle the driver of which is incapable
of giving the required hand and arm signal, shall be equipped with
a mechanical or electrical signal device which meets the requirements
of this article and is of a type approved by the commissioner.

(b) Every device intended and used to give a signal of intention
to turn or stop a vehicle shall be so constructed and so installed
as to give a signal plainly visible under normal atmospheric and
traffic conditions from a distance of at least one hundred feet to the
rear and one hundred feet to the front of the vehicle, except that
a stop signal need be visible only to the rear; and provided, that
no front signal shall be required on vehicles manufactured or assembled
before January 1, 1943. (Id., § 489(58).)

Sec. 55. Sale or use of equipment not approved by commissioner;
trademarks on equipment.

It shall be unlawful for any person to possess with intent to
sell, or offer for sale either separately or as a part of the equipment
of a motor vehicle or to use or have as equipment upon a
motor vehicle operated on a highway any lighting device, horn or
warning device, windshield wiper, mirror, signal device, safety
glass or other equipment on which approval as required by Chapter
90B of Michie's Virginia Code of 1942 and amendments thereto,
or any part tending to change or alter the operation of such device,
unless of a type that has been submitted to and approved by the
commissioner. Each such device shall bear thereon a trademark
or name and shall be accompanied by printed instructions as to the
proper mounting, use and candle power of bulbs to be used therewith
and any particular methods of mounting or adjustments necessary
to meet the requirements of this chapter, and any rule or
regulation of the commissioner.

Sec. 56. 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 highway.

(b) No vehicle unladen or with load shall exceed a height of
twelve feet, six inches.

(c) No train of vehicles or vehicle operated alone shall carry
any load extending more than three feet beyond the front thereof.

(d) No vehicle shall carry any load extending beyond the line
of the fenders or body on the left side of such vehicle nor extending
more than six inches beyond the line of the fenders or body on
the right side thereof. (Code 1932, § 489(36).)

Sec. 57. Trailers and towed vehicles.

(a) No motor vehicle shall be driven upon a highway, drawing
or having attached thereto more than one motor vehicle; provided,
however, the mayor and chief of police may, in their discretion,
permit motor vehicles to be driven upon streets, drawing or having
attached thereto more than one other vehicle, trailer or semi-trailer.

(b) The draw bar or connection between any two vehicles, one
of which is towing or drawing the other on a highway, shall not
exceed ten feet in length from one vehicle to the other. Only in
case of an emergency shall any such connection consist of a chain
or cable, but such two vehicles, when one of which is being towed
or drawn by another regularly shall, in addition to such draw bar,
be equipped at all times when so operated on the highway with an
emergency chain. Whenever in an emergency 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, or if such emergency towing is being done at
night, in lieu of such red flag or cloth, there shall be displayed a
red lamp or lantern.

(c) It shall be unlawful to tow any vehicle, except as otherwise
provided in subsection (d) of this section, over the highways of
the city when such vehicle is designed for and capable of self-propulsion,
except in cases of bona fide emergency resulting from mechanical
breakdown or accident. Whenever a vehicle is being towed
in such an emergency by a bar, chain, rope or cable, a licensed
operator shall be at the controls of the towed vehicle to brake,
steer and control the lights thereof.

(d) The provisions of subsection (c) of this section shall not
apply to a motorcycle when towed by a passenger car or truck, and
when the motorcycle is fastened or attached thereto by a device
insuring the safe operation of the towing and towed vehicles. (Id.,
§ 489(43).)

Sec. 58. Weight of vehicles and loads.

The maximum gross weight to be permitted on the road surface
through any axle of any vehicle shall not exceed sixteen thousand
pounds, nor shall it exceed six hundred and fifty pounds per inch,
width of tire, measured in contact with the surface of the highway.
The gross weight, including the weight of the vehicle and the
maximum load, of any four-wheel vehicle shall not exceed twenty-four
thousand pounds, and the gross weight of any six-wheel vehicle
or any combination of vehicles shall not exceed thirty-five
thousand pounds. In determining the number of wheels, dual
wheels shall be counted as two wheels. No two axles shall lie in
the same vertical plane, nor shall the axle spacing be less than forty
inches from center to center. The axle arrangements shall be such
that the proportion of the gross load carried on any axle shall remain
constant. No vehicle shall cross any bridge or culvert within
the city the gross weight of which vehicle is greater than the
amount posted on the bridge or culvert as its carrying capacity.
Any violation of this section shall constitute a misdemeanor and
shall be punishable as provided in section 68 of this chapter. (Id.,
§ 489(38).)

Sec. 59. 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 article. Every such permit 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. (Id., § 489(40).)

Sec. 60. 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 section 58 of this chapter
for a total period not to exceed ninety 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. (Id., § 489(41).)

Sec. 61. Officers may weigh vehicle and require removal
of excess load.

Any officer authorized to enforce the law under this article, having
reason to believe that the weight of a vehicle and load is unlawful,
is authorized to weigh the same either by means of loadometers
or scales. Should the said officer find that the weight of
any vehicle and its load is greater than that permitted by this article
or that the weight of the load carried in or on such vehicle is
greater than that for which said vehicle is licensed to carry, he
may require the driver to unload at the nearest place where the
property unloaded may be stored or transferred to another vehicle,
such portion of the load as may be necessary to decrease the gross
weight of such vehicle to the maximum therefor specified in this
article. (Id., § 489(39).)

Sec. 62. Restrictions as to tire equipment.

(a) Every solid rubber tire on a vehicle moved upon 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 upon a highway shall have on
its periphery any block, stud, flange, cleat or spike or any other
protuberance of any material other than rubber, which projects
beyond the tread of the traction surface of the tire, 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. (Id.,
§ 489(42).)

Sec. 63. 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 south bound traffic:

Fifth Street, East, Third Street, East, and First Street from
High Street north of Main Street to Water Street south of Main
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. (Id., § 489(68).)

Sec. 64. Parking to be in accordance with signs, signals,
etc.

All vehicles shall be parked in accordance with signs, signals
and other devices for handling traffic, which may be provided by
the mayor and chief of police pursuant to section 6 of this chapter
and any amendments thereto. (Id., § 489(72); Ords. May 7, 1934,
Aug. 5, 1935, Sept. 7, 1943, Sept. 20, 1943, Oct. 18, 1943.)

Sec. 65. Parking in certain streets between certain hours.

No vehicle shall be parked on the following streets within the
city between the hours hereinafter respectively mentioned:

Main Street, between Seventh Street, East, and 10½ Street,

West, between 3:00 A. M. and 6:00 A. M.; Water Street, between
Fifth Street, East, and Main Street at Vinegar Hill; Market
Street, between Seventh Street, East, and High Street (Beck's
Hill); Second Street, West; First Street; Second Street, East;
Third Street, East; Fourth Street, East, and Fifth Street, East;
between Market and Water Streets, between 1:00 A. M. and 5:00
A. M.

Any person violating any of the provisions of this section shall
for each offense be liable to a fine of not less than two dollars and
fifty cents, nor more than twenty-five dollars. (Id.)

Sec. 66. Parking of busses, trucks, etc., between midnight
and 6:00 A. M.

No bus, truck, trailer or semi-trailer shall be parked on any of
the streets of the city between the hours of 12:00 midnight and
6:00 A. M. following of any day.

The owner, operator or driver of any motor vehicle which is
parked in violation of this section, for each offense, shall be fined
not less than two dollars and fifty cents nor more than fifty dollars.
(Ord. April 3, 1939.)

Sec. 67. 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 two dollars
and fifty cents nor more than five dollars shall be imposed.
(Code 1932, § 489(73).)

Sec. 68. Duty to stop in event of accident.

The driver of any vehicle involved in an accident resulting in
injuries to or death of any person, or damage to property, shall
immediately stop at the scene of such accident or as close thereto
as is possible without obstructing traffic and give to the person

struck and injured, or to the driver or some other occupant of the
vehicle collided with, his name, address, operator's or chauffeur's
license number, and the registration number of his vehicle. If the
damage is to an unattended vehicle or to some other object, the
driver shall make a reasonable effort to find the owner or person
in charge of such property, or shall leave a note in a conspicuous
place giving him the information hereinbefore required, and in
addition shall report the accident in writing to the chief of police
irrespective of the damage involved. The driver shall also render
to any person injured in such accident, reasonable assistance, including
the carrying of such injured 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.

It shall be the duty of any occupant, witness or other person
having knowledge of such an accident to furnish as much of the
information hereinbefore required as possible if the driver is unable
or unwilling to furnish it.

Any person violating this section shall be punished by imprisonment
in jail for not less than thirty days nor more than one year,
or by a fine of not less than one hundred dollars nor more than five
thousand dollars, or both such fine and imprisonment. (Id., §
489(64); Ord. Aug. 18, 1941.)

Sec. 69. Penalties for misdemeanor.

It shall be unlawful and constitute a misdemeanor for any person
to violate any of the provisions of this article.

Every person convicted of a misdemeanor for a violation of any
of the provisions of this article for which no other penalty is provided
shall, for a first conviction thereof, be punished by a fine of
not less than two dollars and fifty cents nor more than one hundred
dollars or by imprisonment in jail for not less than one nor more
than ten days or both such fine and imprisonment; for a 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 or both such fine and imprisonment.
(Code 1932, § 489(62).)

Sec. 70. Appearance upon arrest.

(a) Whenever any person is arrested for a violation of any of
the provisions of this article the arresting officer shall, except as
otherwise provided in this section, 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 five 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
twenty-four 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
article.

Any person who willfully violates his written promise to appear,
given in accordance with this section, 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
be mandatory as 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, nor to any person whom the arresting officer shall have
good cause to believe has committed a felony, nor to any person
whom the officer has reason to believe may disregard a summons
issued under subsection (a) of this section and the arresting officer
may, in his discretion 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. (Id.,
§ 489(65).)

Sec. 71. Report of convictions to be sent to division.

(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 article 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 division.

(b) Abstracts required by this section shall be made upon forms
prepared by the division 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 the residence address or whereabouts
of the defendant, 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 article, send to the division
a certified copy of such judgment of conviction. Certified copies
of the judgment shall also be forwarded to the division upon conviction
of any person of manslaughter or other felony in the commission
of which a vehicle was used.

(d) Wilful failure, refusal or neglect to comply with any of
the provisions of this section 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 section shall
be tried by the court of record having jurisdiction over the officer
whose neglect is complained of. (Id., § 489(66).)

Article II. Parking Meters.[23]

Sec. 72. Definitions.

(a) Vehicle. The word "vehicle", as used in this article, shall

mean any device in, upon, or by which any person or property is
or may be transported upon a highway, except those operated upon
rails or tracks.

(b) Operator. The word "operator" shall mean and include
every person who shall operate a vehicle as owner thereof, or as
agent, or employee, or permitte. (Code 1932, § 489(75); Ord.
July 7, 1939.)

Sec. 73. Parking meter zone established; time limit.

Main Street, from Seventh Street, East, to Preston Avenue, is
hereby declared to be a parking meter zone and the legal parking
time limit within such zone is hereby declared to be one hour.
(Id.)

Sec. 74. Installation and operation.

In the parking meter zone hereinbefore or hereafter established,
the mayor, city manager and chief of police are directed to provide
for the installation, regulation, control, operation and use of the
parking meters provided for in this article and to maintain the meters
in good working condition. Each parking meter installed in a
parking meter zone shall be placed upon the curb immediately adjacent
to the individual parking space hereinafter described. Each
parking meter shall be placed or set in such manner as to show or
display by a signal that the parking space assigned to it is or is not
legally in use. Each parking meter shall be installed and set to
display, upon deposit of a five-cent coin of the United States therein,
a signal indicating legal parking for that period of time conforming
to the limit of parking time which has been or may be
established for that area or zone of the street upon which the
parking meter is installed, and shall continue to operate from the
time of the deposit of such coin therein until the expiration of the
time fixed as a parking limit for the part of the street upon which
said parking meter is placed. Each said meter shall also be arranged
so that, upon the expiration of the legal parking time, it
will indicate by a mechanical operation and proper signal that the
lawful parking period has expired. (Id.)

Sec. 75. Marking parking spaces adjacent to meters;
manner of parking.

The mayor, city manager and chief of police, or such officers
and employees of the city as they shall select, shall place lines or
markings on the curb or on the street about or alongside of each
parking meter to designate the parking space for which the meter
is to be used, and each vehicle parked alongside of or next to any
parking meter shall park within the lines or markings so established.

It shall be unlawful and a violation of this article to park any
vehicle across any such line or marking, or to park said vehicle
in such position that the same shall not be entirely within the area
so designated by such lines or markings, and it shall be unlawful
to park any vehicle in any place in the zone except within the
spaces indicated for such parking.

When a parking space in any parking meter zone is parallel with
the adjacent curb or sidewalk, any vehicle parked in such parking
space shall be parked so that the foremost part of such vehicle
shall be alongside of and nearest to the parking meter; when a
parking space in any parking meter zone is diagonal to the curb
or sidewalk, any vehicle parked in such parking space shall be
parked with the foremost part of the vehicle directed at and nearest
to the meter. (Id.)

Sec. 76. How parking meter and space to be used; overtime
parking.

When any vehicle shall be parked in any space alongside of or
next to which a parking meter is located, in accordance with the
provisions of this article, the operator of the vehicle shall, upon
entering the parking space, immediately deposit, or cause to be deposited,
a five-cent coin of the United States in such parking meter
and the parking space may then be lawfully occupied by such vehicle
during the period prescribed as the period of parking time
allowed in said zone. If the vehicle shall remain in such parking
space beyond the parking time limit prescribed for such parking
space, the parking meter shall display a sign or signal showing illegal
parking, and in which event the vehicle parked in said parking

space shall be considered as parked overtime and beyond the
period of legal parking time, and the parking of a vehicle overtime
or beyond the period of legal parking time in such parking space
shall be a violation of this article and punished as hereinafter set
out. It shall be unlawful for any person to cause, allow, permit
or suffer any vehicle registered in the name of such person to be
parked overtime or beyond the period of legal parking time established
for any parking meter zone as herein described. (Id.)

Sec. 77. Permitting vehicle to remain parked at meter
after expiration of time limit.

It shall be unlawful and a violation of the provisions of this
article for any person to permit a vehicle to remain or to be parked
in any parking space adjacent to any parking meter while said
meter is displaying a signal indicating that the vehicle occupying
such parking space has already been parked beyond the period of
time prescribed for such parking space. (Id.)

Sec. 78. Use of slugs, etc., in meters.

It shall be unlawful to deposit or cause to be deposited in any
parking meter any slug, device or metallic substitute for a five-cent
coin of the United States. (Id.)

Sec. 79. Parking for purpose of making sales.

It shall be unlawful to park any vehicle within the area designated
as a parking meter zone for the purpose of making sales of
any property to persons on the street. This section shall not apply
to the selling or delivery of goods sold within the buildings abutting
on such street. (Ord. Jan. 5, 1942.)

Sec. 80. Injuring or tampering with meters.

It shall be unlawful for any person to deface, injure, tamper
with, open or willfully break, destroy or impair the usefulness of
any parking meter installed under the provisions of this article.
(Code 1932, § 489(75); Ord. July 7, 1939.)

Sec. 81. Duty of police in case of overtime parking;
penalty.

Each police officer charged with the duty of enforcing this article
shall take the number of any meter at which any vehicle is over-parked,
the vehicle tag number of such vehicle, the length of time
during which such vehicle is parked in violation of this article, and
report the same to the police department and make proper complaint
touching such violation.

Each such officer shall attach to the vehicle a notice to the owner
thereof that such vehicle has been parked in violation of a provision
of this article and instructing such owner when and where to
report with reference to said violation. Each owner may, within
forty-eight hours of the time when such notice was attached to
such vehicle, pay to the clerk of the civil and police justice court
as a penalty, for and in full satisfaction of such violation, the sum
of one dollar for each hour, or fraction thereof, during which such
vehicle occupied such parking space in violation of any of the provisions
of this article. The failure of such owner to make such
payment to the clerk of the civil and police justice court, within
said forty-eight hours, shall render such owner subject to the penalties
hereinafter provided for the violation of the provisions of
this article. (Id.)

Sec. 82. Deposits required levied as fees for certain
purposes.

Five-cent coins required to be deposited in parking meters, as
provided herein, are hereby levied and assessed as fees to provide
for the proper regulation and control of traffic on the public streets
and to cover the cost of the supervision, inspection, installation,
operation, maintenance, control and use of the parking spaces and
regulating the parking of vehicles in the parking meter zone hereby
created. (Id.)

Sec. 83. Loading zones, bus stops, etc., in parking meter
zones.

The mayor, city manager and chief of police are authorized to
set apart, within the parking zones hereby defined, spaces for loading

zones, bus stops, taxi stands and other places in which no parking
shall be permitted. (Id.)

Sec. 84. Use of meter space for receiving passengers,
making deliveries, etc.

Operators of delivery vehicles may use without deposit any
parking meter space during the actual loading and unloading of
such delivery vehicles. Operators of passenger vehicles, commercial
or private, may use without deposit a parking meter space for
the purpose of promptly receiving or discharging any passenger.
(Id.)

Sec. 85. Owner of vehicle prima facie guilty of violation.

The owner of any vehicle parked in violation of this article shall
be prima facie guilty of such violation. (Id.)

Sec. 86. Penalty.

Any person who shall violate any of the provisions of this article
shall be punished by a fine of not less than two dollars and fifty
cents nor more than fifty dollars for each offense. (Id.)

Sec. 87. Article applicable only to parking between certain
hours.

The provisions of this article shall apply to parking only between
the hours of 8:00 A. M. and 6:00 P. M. and on days other
than Sundays. (Id.)

Article III. Vehicles for Hire.[24]

Sec. 88. Inspecting and maintaining in safe condition.

Every taxi or motor vehicle operated or used upon the streets
of the city for the transportation of passengers for hire within the
city shall be thoroughly and carefully inspected by the owner and

maintained in a good and safe condition at all times. (Code 1932,
§ 489(74).)

Sec. 89. Registration of vehicles; posting registration
card; fees.

Passenger motor vehicles for hire operating within the city or
which have a terminal within the city shall be registered with the
chief of police. The registration card of each vehicle giving the
name of the owner shall be conspicuously posted in, or on, the
motor vehicle and such registration shall be subject to revocation
by the mayor or chief of police. For such registration a fee of
two dollars for the first car and one dollar for each additional car
operated, shall be paid to the city. (Id.)

Sec. 90. Registration of drivers; posting registration
card and photograph; fees.

No person shall drive a motor vehicle for hire in the city until he
has been registered by the chief of police. No person under the
age of sixteen years shall be registered. No such registration shall
be granted until the applicant has shown to the satisfaction of the
chief of police his good moral character, his ability to operate such
vehicle and knowledge of traffic ordinances and regulations of the
city. Any registration heretofore or hereafter granted may be revoked
for any cause which would have been grounds for refusal
of such registration whether such cause arose before or after the
granting of such registration. Registration fee of three dollars
shall be required and such fee, together with two photographs,
post-card size, of such applicant shall accompany each application.
Annual registration on or before May first is required but where
a driver registers each successive year the fee of three dollars 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.

No person shall permit any motor vehicle owned or controlled
by him to be operated for hire in the city by any person who has
not been registered by the chief of police as hereinabove provided.
(Id.; Ord. Feb. 19, 1940, Sept. 3, 1940.)

Sec. 91. Bond or insurance required of operators.

Every person operating motor vehicles or taxis for hire within
the city shall be required to give a satisfactory bond in the sum of
five thousand dollars, to cover any liability that might result to
persons or property from such operations; provided, that such
bond shall not be required when the owner of such vehicle shall
take out and keep in force, public liability and property damage
insurance in some company authorized to do business in this state
on each motor vehicle as follows:

Five thousand dollars for loss sustained by the insured by reason
of bodily injury to, or death of any one person in one accident.

Ten thousand dollars for loss sustained by the insured by reason
of bodily injury to, or death of more than one person in any
one accident.

One thousand dollars for damages to property of any person other
than the insured.

Such policies or certificates thereof shall be deposited with the
city manager. (Code 1932, § 489(74).)

Sec. 92. Maximum rates; posting schedule.

The maximum rates to be charged by passenger motor vehicles
for hire operated in whole or in part in the city shall be as follows:

       

For the transportation of one or more passengers from the same point of origin to the same destination	$.40
provided, however, that if either the point of origin or the destination be in the territory annexed to the city January 1, 1939, the maximum fare shall be	$.50
For the transportation of two or more passengers from the same point of origin to two or more different destinations within the present city limits	$.35
shall be paid by or for the passengers alighting at each destination.

A schedule of the above maximum rates shall be posted in every
passenger vehicle operated for hire within the city at a point easily
visible to the passenger, and such schedule shall be printed in such

form and such type as the chief of police shall prescribe. (Id.,
Ord. Jan. 3, 1944, Jan. 21, 1944, Feb. 7, 1944.)

Sec. 93. Penalty.

Any violation of any of the provisions of this article shall be
punished by a fine of not less than five dollars nor more than one
hundred dollars for each offense. (Id.)

CHAPTER 19.

Offenses.[25]

                                                                                                                                                         

§ 1.	Abusive or profane language.
§ 2.	Adultery or fornication.
§ 3.	Aeroplanes, dirigibles, blimps, etc.—Altitude over city.
§ 4.	Same—Dropping advertising matter.
§ 5.	Annoying or interfering with pupils of female or public schools.
§ 6.	Burning of trash, debris, etc.; bonfires.
§ 7.	Carnivals and like exhibitions—Deposit to pay cost of policing.
§ 8.	Same—Indecent shows or illegal games—Bond.
§ 9.	Same—Same—Penalty.
§ 10.	Checks, etc., drawn without sufficient funds.
§ 11.	Church steps; defacing, lounging upon, etc.
§ 12.	Circus exhibitions, etc.
§ 13.	Curfew.
§ 14.	Dance halls.
§ 15.	Dangerous missiles; air guns, gravel shooters, etc.
§ 16.	Defacing advertisements.
§ 17.	Disguises in public.
§ 18.	Disorderly conduct.
§ 19.	Disturbing public assemblies.
§ 20.	Disturbing public worship.
§ 21.	Drunkenness.
§ 22.	Failure to assist officer.
§ 23.	Failure to deliver food or refund money where money accepted in advance.
§ 24.	Flying kites or playing ball in streets.
§ 25.	Gambling—Keeping gaming table or device.
§ 26.	Same—Keeping place for gaming.
§ 27.	Same—Betting or participating in gambling.
§ 28.	Same—Playing "craps".
§ 29.	Same—Lottery or raffle.
§ 30.	Handbills—Posting, etc.
§ 31.	Imitating police whistle.
§ 32.	Indecent books, pictures, statuary, etc.
§ 33.	Indecent exposure; obscene acts, language, etc.
§ 34.	Injuring or defacing trees or property; leaving gates open.
§ 35.	Interfering with females.
§ 36.	Lewd persons; street walkers.
§ 37.	Marathon dances or contests.
§ 38.	Merry-go-rounds, etc.
§ 39.	Noise, odors and fumes.
§ 40.	Obtaining credit, etc., with intent to defraud hotel or boarding house.
§ 41.	Occupying or using streets or public property contrary to law.
§ 42.	Offensive matter.
§ 43.	Pawnbrokers, junk and secondhand dealers—Daily records of articles pawned and bought.
§ 44.	Same—Furnishing reports to chief of police.
§ 45.	Same—Penalty; revocation of license.
§ 46.	Petit larceny.
§ 47.	Poolrooms, bowling alleys, shooting galleries, etc.—Minors.
§ 48.	Same—Hours; gambling.
§ 49.	Prize fights.
§ 50.	Prostitution—Keeping or being inmate of house of ill fame.
§ 51.	Same—Frequenting house of ill fame.
§ 52.	Same—Renting property for use as house of ill fame.
§ 53.	Same—Permitting use of property as house of ill fame after notice.
§ 54.	Refuse matter thrown on streets or private property.
§ 55.	Resisting or obstructing officers, employees, etc.
§ 56.	Riot, rout, assault and battery, etc.
§ 57.	Slot machines.
§ 58.	Smoke nuisance.
§ 59.	Smoking in theatres.
§ 60.	Spitting.
§ 61.	Street drumming.
§ 62.	Sunday—Laboring at trade or calling.
§ 63.	Same—Sale of wine.
§ 64.	Threatening messages.
§ 65.	Tobacco sales, etc., to minors.
§ 66.	Trespass.
§ 67.	Unlawful assemblages.
§ 68.	Untrue, deceptive or misleading advertising.
§ 69.	Same—What deemed deceptive advertising.
§ 70.	Same—Penalty.
§ 71.	Vacant lots; cutting weeds and foreign growth.
§ 72.	Vagrants—Persons deemed vagrants.
§ 73.	Same—How dealt with.
§ 74.	Same—Railroads, etc., bringing vagrants into city.
§ 75.	Weapons—Carrying concealed weapons.
§ 76.	Same—Shooting within city.
§ 77.	Same—Sales, etc., to minors.

Sec. 1. 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 ten dollars nor more than
fifty-dollars. (Code 1932, § 289.)

Sec. 2. Adultery or fornication.

If any person commit adultery or fornication, he shall be fined
not less than ten dollars nor more than one hundred dollars, or
confined in jail not exceeding six months, or both. (Id., § 269.)

Sec. 3. Aeroplanes, dirigibles, blimps, etc. — Altitude
over city.

It shall be unlawful for an 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 ten dollars nor more than two
hundred dollars. (Id., § 302.)

Sec. 4. Same—Dropping 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 five dollars nor more than twenty-five
dollars. (Id., § 303.)

Sec. 5. Annoying or interfering with pupils of female or
public schools.

It shall be unlawful for any person, under pretext of exercising
his right to be on the public streets, to loiter near the premises
of any 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 act so 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 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 guilty of the offenses herein mentioned shall, upon
conviction thereof, be fined not less than one dollar nor more
than ten dollars for each offense. (Id., § 280.)

Sec. 6. Burning of trash, debris, etc.; bonfires.

It shall be unlawful for any person to burn or procure another
to burn any trash, brush, leaves, debris or other inflammable material
on or in the streets or sidewalks of the city, and it shall be
unlawful to set fire to or procure another to set fire to any trash,
brush, grass, debris or other inflammable material elsewhere than
in the city streets or sidewalks, within the city, unless all reasonable
care and precautions shall have been taken by cutting and
piling such material or carefully clearing around the same to
prevent the spread of such fire to any property. It shall be unlawful
for any person who shall have kindled or maintained any
fire to leave the same unattended. It shall be unlawful to kindle
or maintain any bonfire within the city. Nothing herein contained
shall prevent the burning of trash, brush or leaves by city
employees, while in discharge of their duties. (Id., § 192; Ord.
Mar. 15, 1943.)

Sec. 7. Carnivals and like exhibitions—Deposit to pay
cost of policing.

No carnival or other like show or exhibition shall exhibit outside
the city but within one mile of the city limits unless and until
such carnival shall have made a deposit with the director of finance
of fifty dollars for each day on which an exhibition is proposed.
The chief of police shall designate such members of the
force of extra policemen as he may deem necessary for the policing
of such carnival or other exhibition, and the costs of such extra
policing shall be paid out of the deposit so made and the difference,
if any, shall be refunded to the person by whom the deposit
was made. (Ord. Apr. 20, 1942.)

Sec. 8. Same—Indecent shows or illegal games—Bond.

No carnival or other like exhibition or show shall exhibit within
the city or outside said city within one mile of the city limits
thereof unless and until the person proposing to exhibit shall have
given bond payable to the city, with security approved by the
chief of police, in the sum of one thousand dollars, with the condition
that such person will not exhibit or permit the exhibition

of any indecent or immoral show and will not permit the maintenance
or operation of any illegal game of chance on the exhibition
grounds. Proof of the exhibition of any immoral or indecent
show or of the open maintenance and operation of an illegal
game of chance on the premises occupied by such carnival or
other exhibition shall be prima facie evidence that such game of
chance or indecent show was maintained and operated with the
consent of the proprietor of the said carnival or exhibition. (Id.)

Sec. 9. Same—Same—Penalty.

The proprietor of any carnival or other like exhibition who
permits exhibition of any immoral or indecent show or the maintenance
or operation of any illegal game of chance on the premises
occupied by said carnival within the city or outside the city
within one mile of the city limits shall be deemed guilty of a misdemeanor
and shall be subject to a fine of not less than fifty dollars
and not more than two hundred and fifty dollars for each violation.
And said proprietor and the surety on his bond hereinabove
mentioned shall be liable under said bond for any fine imposed
hereunder. (Id.)

Sec. 10. Checks, etc., drawn without sufficient funds.

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 five dollars nor
more than one hundred dollars, 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 ten dollars nor more than two hundred dollars,
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
of insufficient funds in, or credit with such bank, banking
institution, trust company or other depository, unless such
maker or drawer shall have paid the drawee thereof the amount
due thereon, together with interest and protest fees, within five
days after receiving notice that such check, draft or order has
not been paid to the drawee.

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. (Code 1932, §
306.)

Sec. 11. Church steps; defacing, lounging upon, etc.

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 five dollars for every such
offense. (Id., § 278.)

Sec. 12. 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 fifty dollars nor more than five hundred dollars.
(Id., § 258.)

Sec. 13. Curfew.

It shall be unlawful for any person under the age of fifteen
years to be in or upon the streets or public parks of this city after
7:30 P. M., from the first of October to the first day of May,
or after 9:00 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 of the city during the
nighttime after the specified hours. Any person violating the
provisions of this section shall be fined not less than one dollar
nor more than five dollars for each offense.

It shall be the duty of the chief of the fire department each day
in the year, fifteen minutes before the time specified in this section,
to cause to be rung the bell of the fire department for ten
successive strokes.

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 or public park, in violation of the provisions
of this section. Any person violating the provisions of this section
shall, upon conviction, be fined not less than one dollar nor
more than five dollars for each offense. (Id., § 284.)

Sec. 14. Dance halls.

Any person desiring to conduct a dance hall in which public dancing
is to be allowed, where an admission fee is charged or a charge
is made for participating in such dancing, shall first 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.

No such dance hall located within the congested section of the
city, which is hereby defined as identical with the congested fire
limits as defined in section 2 of chapter 7, shall remain open later
than 12:00 P. M. each night during the week. And any such
dance hall shall remain closed from 12:00 P. M. each night until
6:00 A. M. the following morning; provided, however, that with
the consent of the mayor and chief of police special permission
may be granted for particular dances and such halls shall remain
open to such hour as may be specified in the permission.

Any violation of this section shall be punished by a fine of not
less than five dollars nor more than twenty-five dollars 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. (Id., § 286; Ords. Jan. 3, 1939, June 17, 1940.)

Sec. 15. Dangerous missiles; air guns, gravel shooters,
etc.

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 one dollar nor more than ten dollars for every such offense.
(Code 1932, § 256.)

Sec. 16. Defacing advertisements.

If any person shall tear down or deface any design, 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 one dollar nor more
than one hundred dollars for each offense. Provided, that nothing
herein shall prevent any one from tearing down advertisements
posted on his premises. (Id., § 299.)

Sec. 17. 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 five dollars nor more than ten dollars. (Id., §
291.)

Sec. 18. 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 one hundred dollars,
or by confinement not more than thirty days in jail, or both,
for each offense. (Id., § 254.)

Sec. 19. Disturbing public assemblies.

Any person 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 five dollars nor more than one hundred dollars, or confined
in jail not exceeding three months, or both. (Id., § 279.)

Sec. 20. 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
one hundred dollars or confinement in jail not more than three
months for each offense. (Id., § 277.)

Sec. 21. Drunkenness.

Any person who shall be found drunk on 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 two dollars nor more than

twenty-five dollars, or be confined in jail not exceeding thirty
days, or both, in the discretion of the court. (Id., § 255.)

Sec. 22. Failure to assist officer.

If any person shall fail or refuse to assist a police officer, when
called upon so to do by such officer in the discharge of his duty,
such person shall be fined not less than one dollar nor more than
twenty-five dollars. (Id., § 274.)

Sec. 23. Failure to deliver food or refund money where
money accepted in advance.

The following words and phrases, when used in this section,
shall have the meanings respectively ascribed to them, as follows,
except in those instances where the context clearly indicates a different
meaning:

"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.

"Meal tickets" shall, for the purpose 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.

It shall be unlawful, and punishable by a fine of not more than
one hundred dollars 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, 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. (Id.,
§ 301.)

Sec. 24. Flying kites or playing ball in streets.

No person shall raise or fly a kite, or play any game of ball in
the streets, under a penalty of one dollar for each offense. (Id.,
§ 257.)

Sec. 25. Gambling—Keeping gaming table or device.

If any person keep or exhibit a gaming table, commonly
called A. B. C., or E. O. table, wheel of fortune, nickel-in-theslot
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 be won or lost, whether the game be played
with cards, dice, money or otherwise, or be a partner or concerned
in, either as owner, operator or employee, the keeping,
exhibiting, using or operating of such table, machine, apparatus
or bank, he shall be fined not exceeding one thousand dollars, or
shall be confined in jail not more than twelve months, or both; and
each day such machine, apparatus or table is so used shall constitute
a separate offense.

Any such device or apparatus hereinabove described and all
the money, stakes or exhibits found therewith may be seized by
order of court or under warrant of the civil and police justice,
and the money so seized shall be forfeited to the city, and the device
or apparatus so seized shall be destroyed. (Id., § 297; Ord.
Feb. 5, 1940.)

Sec. 26. Same—Keeping place for gaming.

Any person who shall keep or maintain a house or apartment
or room in which games of cards or of chance shall be habitually

played for money or any thing to be cashed in as money, shall
be fined not less than five dollars nor more than fifty dollars, or
be imprisoned in the city jail for not more than sixty days, or
both. (Code 1932, § 296.)

Sec. 27. Same—Betting or participating in 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
this section shall, upon conviction, be fined not less than five
dollars nor more than fifty dollars, or confined in jail not exceeding
sixty days, or both. (Id., § 308.)

Sec. 28. Same—Playing "craps".

Any person who shall play the game commonly called craps,
within the corporate limits of the city, shall be fined not less than
one dollar nor more than twenty-five dollars for each offense.
(Id., § 298.)

Sec. 29. Same—Lottery or raffle.

If any person sets up or promotes, or is concerned in managing
or drawing a lottery or raffle for money or other thing of
value, or knowingly permits such lottery in any house under his
control, or knowingly permits money or other property to be
raffled for in such house, or to be won therein by throwing or
using dice, or by any other game of chance, or knowingly permits
the sale in such house of any chance or ticket, or share of a
ticket, in a lottery, or any writing, certificate, bill, token or other
device purporting or intended to guarantee or assure to any person
or entitle him to a prize or share of or interest in a prize
to be drawn in a lottery, or if any person, for himself or another
person, buys, sells or transfers, or has in his possession for the
purpose of sale, or with intent to exchange, negotiate or transfer
or aid in selling, exchanging, negotiating or transferring, a
chance or ticket in or share of a ticket in a lottery, or any such
written certificate, bill, token or device, he shall be confined in

jail not exceeding one year and fined not exceeding five hundred
dollars. (Ord. Apr. 15, 1935.)

Sec. 30. Handbills—Posting, etc.

It shall be unlawful to affix any handbill, poster or advertisement
to any billboard, 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 streets. It shall be unlawful
for any person to use the streets of the city for the purpose
of distributing handbills, posters or other similar written
or printed matter, without first obtaining the written permission
of the mayor and the chief of police. Any violation of this section
shall be punished by a fine of not less two dollars and fifty
cents nor more than fifty dollars, or by confinement in jail for a
period of not less than ten days nor more than six months, or
both. (Code 1932, § 191; Ord. Dec. 2, 1935.)

Sec. 31. 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 fifty dollars
for each such offense. (Code 1932, § 271.)

Sec. 32. Indecent books, pictures, statuary, etc.

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 two dollars nor more than ten
dollars for each offense. (Id., § 264.)

Sec. 33. Indecent exposure; obscene acts, language, etc.

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 one dollar nor more than five hundred dollars, or
confined in jail not exceeding six months, or both. (Id., § 262.)

Sec. 34. Injuring or defacing trees or property; leaving
gates open.

If any person willfully injures any fruit, shade or ornamental
tree or shrub planted by the city authorities or others, or willfully
injures or defaces 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
posts up any show bill, notice or advertisement, or brands, writes,
marks or paints 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 one
dollar nor more than three hundred dollars for every separate
offense.

If any person, without permission of the owner, opens or leaves
open the gate of another, he shall be fined not less than one dollar
nor more than ten dollars. (Id., §§ 275, 295.)

Sec. 35. Interfering with females.

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
ten dollars nor more than fifty dollars, or confinement of not less
than thirty days in jail, or both, for each offense. (Id., § 307.)

Sec. 36. 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 ten dollars nor more than fifty dollars, or confined in jail
not exceeding six months, or both. (Id., § 270.)

Sec. 37. Marathon dances or contests.

It shall be unlawful for any person engaged in the operation of
any marathon or walking contest, marathon dance, walkathon or
other similar physical endurance contest, performance or exhibition
held in the city, to operate or conduct the same at any time.

It shall be unlawful for any person to participate in any marathon
or walking contest, marathon dance, walkathon or other similar
physical endurance contest, performance or exhibition in this
city.

Any person violating the provisions of this section shall, upon
conviction, be liable to a fine of not less than twenty-five dollars
nor more than one hundred dollars for each offense, and in addition
may, in the discretion of the court trying the case, be confined
in jail for a period of not more than thirty days for each
offense. (Ord. June 3, 1935.)

Sec. 38. Merry-go-rounds, etc.

It shall be unlawful for any person to operate a merry-goround
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 one hundred dollars. (Code 1932, § 259.)

Sec. 39. Noise, odors and fumes.

It shall be unlawful for any person to use or occupy any street

of the city for any purpose which will increase or cause unnecessary
noise, odors or fumes.

For a violation of this section the penalty shall be a fine of not
less than one dollar and not more than ten dollars for each offense.
(Ord. Aug. 3, 1937.)

Sec. 40. Obtaining credit, etc., with intent to defraud
hotel or boarding house.

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 whoever, 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 whoever 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 five dollars nor more than fifty dollars,
or both. (Code 1932, § 300.)

Sec. 41. Occupying or using streets or public property
contrary to law.

Any person who undertakes to occupy or use any of the streets,
avenues, parks, bridges or other public places or public property,
or any public easement of any description in a manner not permitted
to the general public, or by ordinance, without having first
legally obtained the consent thereto by the city council, or a franchise
therefor, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than five dollars nor more than

fifty dollars, 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 case shall have power to cause said
nuisance to be abated and to commit the offenders and all their
agents and employees engaged in such offenses to jail until such
order of the court shall be obeyed. (Id., § 194.)

Sec. 42. Offensive matter.

If any person shall place, or cause to be placed, in or on any
street or lot within the city limits, any thing or matter offensive
to any citizens, or to the public, or if any person shall suffer any
such matter to remain on any such lot owned or held by him, he
shall be fined not less than five dollars for every twenty-four
hours that such offensive matter may remain. (Id., § 332.)

Sec. 43. Pawnbrokers, junk and secondhand dealers—
Daily records of articles pawned and bought.

All pawnbrokers, junk dealers, dealers in secondhand 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.
(Id., § 304.)

Sec. 44. Same—Furnishing reports to chief of police.

All pawnbrokers, junk dealers, dealers in secondhand clothing,
automobiles and other merchandise shall furnish daily to the
chief of police, upon blanks to be prescribed by the chief, full and
complete lists of all articles taken in pawn or bought by 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. (Id.)

Sec. 45. Same—Penalty; revocation of license.

Any pawnbroker, junk dealer, dealer in secondhand clothing,
automobiles or other merchandise who shall fail to comply with
any of the provisions of this section shall, upon conviction, be
fined not less than five dollars nor more than twenty-five dollars
for each offense.

A conviction of any such pawnbroker, junk dealer, dealer in
secondhand 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.
(Id.)

Sec. 46. Petit larceny.

If any person shall steal from the person of another, money
or other thing of the value of less than five dollars, or if any person
commit simple larceny, not from the person of another, of
goods and chattels of less value than fifty dollars, he shall be
deemed guilty of petit larceny and fined not less than five dollars
nor more than one hundred dollars, or confined in jail not more
than six months, or both. (Code 1932, § 294.)

Sec. 47. Poolrooms, bowling alleys, shooting galleries,
etc.—Minors.

No minor under eighteen years of age shall be employed in,
play in, or loaf or loiter in or frequent any billiard saloon or poolroom,
unless attended by a parent, under penalty of not less than
two dollars nor more than twenty-five dollars for each offense.

No minor under sixteen years of age shall be employed in any
bowling alley or shooting gallery, under a penalty of not less than
two dollars nor more than twenty-five dollars 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. (Id.,
§ 281; Ord. Nov. 18, 1940.)

Sec. 48. Same—Hours; gambling.

All billiard saloons, poolrooms, bowling alleys, shooting galleries
and miniature golf courses shall be closed every night during
the week not later than 12:00 P. M. and remain closed until
7:00 A. M. the following morning.

No gambling, betting or gambling devices of any kind whatsoever
shall be permitted at any time, at any of the places named
in this section.

Violations of this section shall be punished by a fine of not
less than five dollars nor more than twenty-five dollars 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. (Code 1932, § 282.)

Sec. 49. 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 five hundred dollars, or shall be
confined in jail not more than six months, or both. (Id., § 261.)

Sec. 50. Prostitution—Keeping or being inmate of house
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
thereof, shall be fined not less than twenty-five dollars nor more
than two hundred dollars, 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. (Id., § 267.)

Sec. 51. Same—Frequenting house 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 twenty dollars nor more than one
hundred dollars, or confined in jail not exceeding thirty days, or
both. (Id., § 268.)

Sec. 52. Same—Renting 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
twenty dollars nor more than one hundred dollars, and in addition
may be imprisoned not exceeding six months. (Id., § 265.)

Sec. 53. Same—Permitting use of property as house of
ill fame after notice.

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 five dollars nor more than
twenty-five dollars 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. (Id., § 266.)

Sec. 54. Refuse matter thrown on streets or private
property.

It shall be unlawful for any one to throw into the streets or
sidewalks, or on private premises, any dead carcass, rubbish,
newspapers, hand bills, dirt, filth, shavings, manure, offal, ashes,
vegetables, fruit, broken glass, tacks, tin cans or any 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 one dollar nor more than five dollars.

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. (Id., § 173.)

Sec. 55. Resisting or obstructing officers, employees,
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 five dollars
nor more than one hundred dollars, or confined in jail not
more than ninety days, or both. (Id., § 273.)

Sec. 56. Riot, rout, assault and battery, etc.

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 ten dollars
nor more than five hundred dollars, or confined in jail not exceeding
six months, or both. (Id., § 290.)

Sec. 57. Slot machines.

(a) It is unlawful for any person, other than a duly licensed
dealer in slot machines bona fide storing such machines in bulk for
sale outside of this state only and in jurisdictions where the operation
of such machines is not forbidden by law:

(1) To manufacture, own, store, keep, possess, sell, rent,
lease, let on shares, lend or give away, transport, or expose for
sale or lease, or to offer to sell, rent, lease, let on shares, lend or
give away, or to permit the operation of, or for any person to
permit to be placed, maintained, used or kept in any room, space
or building owned, leased or occupied by him or under his management
or control, any slot machine or device as hereinafter defined.

(2) To make or permit to be made with any person any agreement

with reference to any slot machine or device, as hereinafter
defined, pursuant to which the user thereof, as a result of any element
of chance or other outcome unpredictable to him, may become
entitled to receive any money, credit, allowance or thing of
value or additional chance or right to use such machine or device,
or to receive any check, slug, token or memorandum entitling
the holder to receive any money, credit allowance or thing
of value.

(b) Any machine, apparatus, or device is a slot machine or
device within the provisions of this section if it is one that is
adapted for use in such a way that, as a result of the insertion of
any piece of money or coin or other object, such machine or device
is caused to operate or may be operated, and by reason of
any element of chance or of other outcome of such operation unpredictable
by him, the user may receive or become entitled to
receive any piece of money, credit, allowance or thing of value
or any check, slug, token or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance
or thing of value, or which may be given in trade, or the
user may secure additional chances or rights to use such machine,
apparatus or device; irrespective of whether it may, apart from
any element of chance or unpredictable outcome of such operation,
also sell, deliver or present some merchandise, indication of
weight, entertainment or other thing of value.

(c) Any person who violates any provision of this section
shall be guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than twenty-five dollars and not
more than one thousand dollars, or by confinement in jail not less
than thirty days and not more than twelve months, or by both
such fine and confinement.

(d) Any article or apparatus possessed, maintained, kept or
used in violation of the provisions of this section is hereby declared
to be a public nuisance and may, together with all money
and tokens therein, be seized under a search warrant issued in accordance
with law. Any money so seized shall be forfeited to the
city and such article or apparatus shall be destroyed. (Ord. Feb.
5, 1940.)

Sec. 58. Smoke nuisance.

The owner of any stationary steam boiler or locomotive engine
and the person employed in operating such boiler or locomotive
who shall permit or allow dense smoke to issue or be emitted
from the smokestack of such steam boiler or locomotive engine
within the corporate limits of the city shall be deemed and held
guilty of creating a nuisance and shall, for every such offense,
be fined not less than five dollars nor more than fifty dollars; provided,
however, that the term "stationary boiler," as used in this
section, shall not be construed to include steam boilers used only
for heating of residences. (Ord. Jan. 3, 1944.)

Sec. 59. Smoking in theatres.

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
five dollars nor more than twenty-five dollars. (Code 1932, §
305.)

Sec. 60. Spitting.

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
other public place. For any violation of this section the offender
shall be fined not less than one dollar nor more than five dollars
for each offense. (Id., § 177.)

Sec. 61. 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
five dollars nor more than twenty-five dollars. (Id., § 189.)

Sec. 62. Sunday—Laboring at trade or calling.

If a person on a Sunday 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 deemed guilty of a misdemeanor and upon conviction
thereof, shall be fined not less than five dollars for each offense.
Every day any person or servant or apprentice is so employed
shall constitute a distinct offense and the court in which
or the justice by whom any judgement of conviction is rendered
may require of the person so convicted a recognizance in a penalty
of not less than one hundred or more than five thousand dollars,
with or without security, conditioned that such person shall
be of good behavior, and especially to refrain from a repetition
of such offense, for a period not exceeding twelve months. This
section shall not apply to furnaces, kilns, plants and other business
of like kind that may be necessary to be conducted on Sunday,
nor to the sale of gasoline or any motor vehicle fuel, or any
motor oil. (Id., § 276; Ord. Aug. 15, 1932.)

Sec. 63. Same—Sale of wine.

It shall be unlawful to sell within the limits of the city any
wine between the hours of 12:00 M. of each Saturday and 6:00
A. M. of each Monday, and it shall be unlawful for any person
holding a license to sell wine in the city to permit the consumption
of wine on the premises mentioned in said license between
said hours. Any violation of the provisions of this section shall
be punished by a fine of not less than fifty dollars and not more
than five hundred dollars, or by imprisonment in the city jail for
not less than thirty days and not more than six months, or by
both such fine and imprisonment. (Ord. June 21, 1943.)

Sec. 64. 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 ten dollars nor more
than twenty-five dollars, or by confinement in jail not more than
sixty days, or both. (Code 1932, § 292.)

Sec. 65. Tobacco sales, etc., to minors.

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, having good cause to
believe such minor to be under sixteen years of age, he shall be
fined not less than ten dollars nor more than one hundred dollars.
(Id., § 283.)

Sec. 66. Trespass.

If any person shall unlawfully trespass upon any private property
within the city he shall, upon the complaint of the owner
or occupant of such property, be fined not less than one dollar
nor more than twenty-five dollars 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 having charge
of said property the offender shall be fined in like manner as
aforesaid. (Id., § 293.)

Sec. 67. Unlawful assemblages.

The assembling and collecting together of persons on the
streets, sidewalks or other public places, in such manner as to
block and obstruct free passage 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
of near-by houses are disturbed, or for similar reasons, be
deemed disorderly, and the owner may, and the occupants shall,
be held responsible, under penalties not exceeding five dollars 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 five dollars nor
more than twenty dollars. (Id., § 179.)

Sec. 68. Untrue, deceptive or misleading advertising.

Any person, who, with intent to sell or in any wise dispose of
merchandise, securities, service or anything offered by such person,
directly or indirectly, to the public for sale or distribution,
or with intent to increase the consumption thereof, or to induce
the public in any manner to enter into any obligation relating
thereto, or to acquire title thereto, or an interest therein, 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. (Id., § 309.)

Sec. 69. Same—What deemed deceptive advertising.

It shall be deemed deceptive advertising and a violation of the
provisions of section 68 for any person engaged in the business
of buying and selling new or secondhand articles or merchandise,
or other property, real or personal, or in the business of furnishing

any kind of service, to advertise by means of "liner ads" in
a newspaper or otherwise, such articles, property or service for
sale in a manner indicating that the sale is being made by a householder
or private party not engaged in such business; and every
person engaged in any such business shall, in advertising goods,
property or service for sale, either through "liner ads" or otherwise,
affirmatively and clearly indicate that the seller is engaged
in such business and is not a private party.

It shall be deemed deceptive advertising and a violation of the
provision of section 68 for any person, in a newspaper or other
publication, or in any other manner hereinbefore set out, to offer
to the public, for sale or distribution, any merchandise which is
secondhand or used merchandise, or which is defective in any manner,
or which 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 is secondhand, used, defective or consists
of "seconds" or is blemished merchandise, or has been rejected
by the manufacturer thereof as not first class, as the fact may be.
(Id.)

Sec. 70. Same—Penalty.

Any person violating any of the provisions of sections 68 and
69 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. (Id.)

Sec. 71. Vacant lots; cutting weeds and foreign growth.

All owners of vacant properties situated in the city are hereby
required to cut all weeds and other foreign growth growing
on said properties within one hundred feet of any residence and
to maintain said properties in a sightly condition. In the event
any such owner fails or refuses to cut such weeds and other foreign

growth, the same can be done by the city, and the expenses
incidental to the cutting of such weeds and other foreign growth
shall be chargeable to and paid by the owner of the property and
shall be collected as other taxes and levies are collected. (Ord.
June 5, 1939.)

Sec. 72. Vagrants—Persons deemed vagrants.

The following persons shall be deemed vagarants:

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
and refuse to work for the usual and common wages given to
other laborers in 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 who
shall follow no labor, trade, occupation or business, and have no
visible means of subsistence, and can give no reasonable account
of themselves or their business.

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.
(Code 1932, § 285.)

Sec. 73. Same—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 five hundred
dollars nor less than one hundred dollars, 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
defense to the charge of vagrancy under this section that the defendant
has made reasonable bona-fide efforts to obtain employment
at reasonable prices for his labor and has failed to obtain
the same. (Id.)

Sec. 74. Same—Railroads, etc., bringing vagrants into
city.

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 any conveyance referred to above shall
be fined not less than five dollars nor more than ten dollars for
each day the failure to remove continues. (Id.)

Sec. 75. Weapons—Carrying concealed weapons.

If any person carry about his person, hid from common observation,
any pistol, dirk, bowie knife, razor, slungshot, or any
weapon of like kind, he shall be fined not less than twenty-five

dollars nor more than one hundred dollars, 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 under this section who has been
granted permission to carry concealed weapons in accordance
with the laws of Virginia. (Code 1932, § 287.)

Sec. 76. Same—Shooting within city.

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 five
dollars nor more than fifty dollars for each offense. (Id., § 288.)

Sec. 77. Same—Sales, etc., to minors.

If any person sell, barter, give or furnish, or cause to be sold,
bartered, given or furnished to any minor under eighteen years
of age, firearms, cartridges, dirks or bowie knives, having good
cause to believe such minor to be under eighteen years of age, he
shall be fined not less than ten dollars nor more than one hundred
dollars.

The term "firearms," as used in this section, shall be construed
to include any gun, rifle or pistol adapted to the use in any form
of powder and shot (or balls) or cartridges, whether such firearms
be called "toy pistols," "toy guns," or otherwise. (Id.
§ 283.)

CHAPTER 20.

Parks and Cemeteries.[26]

                             

§ 1.	Superintendent—Appointment.
§ 2.	Same—Powers and duties generally; obstructing.
§ 3.	Same—Keeping record of burials.
§ 4.	Mapping and selling grave spaces.
§ 5.	Conveying space in cemeteries; deeds.
§ 6.	To whom spaces shall be sold.
§ 7.	Burial of paupers.
§ 8.	Charges for keeping spaces in order.
§ 9.	Perpetual care of sections or spaces; fund.
§ 10.	Perpetual care cemetery commission; composition; powers and duties.
§ 11.	Digging graves—Notice to keeper of cemeteries.
§ 12.	Same—Fees.
§ 13.	Care of graves of war veterans.
§ 14.	Keepers of cemeteries to make reports and return burial permits.
§ 15.	Trespassing or destroying property in cemeteries, parks, etc.

Sec. 1. 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. (Code 1932, § 429; Ords.
June 6, 1938, March 20, 1939.)

Sec. 2. Same—Powers and duties generally; obstructing.

The superintendent of parks and cemeteries shall employ, subject
to the approval of the city manager, such help as may be
needed for the proper maintenance and operation of the same.
He and his deputies shall have all the powers of a member of the
city police force within the parks and cemeteries over which he
has jurisdiction, and within one hundred yards thereof. He shall

enforce such rules and regulations as may be prescribed by the
council or city manager and shall keep order and preserve the
peace therein; and anyone obstructing or hindering him in the
discharge of his duty shall be fined not less than five dollars nor
more than twenty-five dollars for each offense. (Code 1932, §
430; Ords. June 6, 1938, March 20, 1939.)

Sec. 3. Same—Keeping record of burials.

The superintendent of parks and cemeteries shall keep a record
of each cemetery according to plats prepared by the city engineer
showing the name, lot and section number, grave and date of interment
of every person buried in said cemetery. (Code 1932,
§ 440; Ord. March 20, 1939.)

Sec. 4. Mapping and selling grave spaces.

The superintendent shall sell the spaces as shown on city cemetery
maps prepared and dated prior to January 1, 1939, which
are on file in the office of the city engineer and recorded in the
office of the clerk of the corporation court, at such prices as may
be fixed from time to time by the council.

The city engineer shall prepare three maps of each cemetery
and addition thereto that may be plotted or established after
January 1, 1939, so as to enable the superintendent of cemeteries
to make sales of grave spaces and properly describe the same.
One map shall be kept by the city engineer, one map shall be kept
by the superintendent of cemeteries and one map shall be recorded
in the clerk's office of the corporation court. The superintendent
of cemeteries shall sell the grave spaces as shown on said maps
at such prices as may be fixed from time to time by the council.
(Code 1932, § 431; Ord. March 20, 1939.)

Sec. 5. Conveying space in cemeteries; deeds.

The mayor shall have authority and it shall be his duty to convey
in the name and on behalf of the city to any purchaser thereof

any space in any cemetery of the city to which the city has a
clear title, provided the following deed is properly executed
and recorded:

Sec. 6. To whom spaces shall be sold.

All the spaces 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 or may hereafter be set
apart by the council for colored persons. (Code 1932, § 433;
Ord. March 20, 1939.)

Sec. 7. Burial of paupers.

The council shall designate such portion of Oakwood Cemetery
as may be necessary for the interment or burial of paupers.
(Code 1932, § 434; Ord. March 20, 1939.)

Sec. 8. Charges for keeping spaces in order.

Every owner of a section or part of a section in any cemetery
in the city, plotted and mapped prior to January 1, 1939, shall

pay annually, in advance, to the director of finance on the first
day of April the following fees for keeping such sections in good
condition, viz: For a whole section, $8.00; half section, $5.00;
quarter-section, $2.50; one-eighth section, $1.50. (Code 1932, §
435; Ords. Jan. 20, 1936, March 20, 1939.)

Sec. 9. Perpetual care of sections or spaces; fund.

There shall be established a fund to be known as "a fund for
the perpetual care of sections or spaces in the cemeteries, now or
hereafter owned or controlled by the City of Charlottesville."

Any owner or other party in interest may deposit with the director
of finance the sum of ten dollars per grave space to provide
for the perpetual care of the space.

Such sums so deposited shall be entered upon the records of the
city to the credit of the above-described fund in the name of the
party paying the same, and shall so stand to the credit of said account
as long as this arrangement may be in effect.

The city shall keep such grave space as shall have been deposited
for, in good condition, that is to say, they shall be kept
in good sod, the grass shall be kept in shape, except that the city
shall not be held liable for the deterioration of the stones or markers
caused by erosion.

Should the city, at any time, discontinue the control and supervision
of the several cemeteries, then such funds shall be transmitted
to its successors, or returned to the estate paying such
sums into the fund. (Code 1932, § 436; Ord. March 20, 1939.)

Sec. 10. Perpetual care cemetery commission; composition;
powers and duties.

There shall be a perpetual care cemetery commission who shall
be custodian of the fund. Said commission shall be composed
of the mayor, the city treasurer, the director of finance and the
chairman of the finance committee. It shall be the duty of the commission
to properly invest said fund and to turn into the treasury,
annually on the last day of the fiscal year, the income accruing
from such fund. (Id.)

Sec. 11. Digging graves—Notice to keeper of cemeteries.

Each grave shall be not less than five feet in depth. No interment
shall be made which shall disturb the remains of the dead,
or which shall displace or injure any monument or stone placed
over a grave. All persons desiring to have a grave opened shall
notify the keeper of cemeteries at least twenty-four hours before
the interment and shall designate the space which is to be used.
(Code 1932, § 437; Ords. Jan. 20, 1936, April 5, 1937, March 20,
1939.)

Sec. 12. Same—Fees.

The following charges shall be made for digging graves:

       

(1) Where the outside case is three feet or less in length	$ 3.50
(2) Where the outside case is over three feet but does not exceed four and one-half feet in length	5.00
(3) Where the outside case is over four and one-half feet but does not exceed six feet in length	10.00
(4) Where the outside case exceeds six feet in length	12.00

The above fees shall be payable in advance, unless guaranteed
by some responsible person. (Id.)

Sec. 13. Care of graves of war veterans.

The superintendent of parks and cemeteries is directed to take
care of graves of soldiers who served in the War between the
States, the Spanish-American War and the World Wars, where-ever
there is a marker or inscription to identify them, at the expense
of the city, where no provision has been made for their upkeep.
(Code 1932, § 439; Ord. March 20, 1939.)

Sec. 14. Keepers of cemeteries to make reports and return
burial permits.

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 chapter 6, section 6, of this volume. (Code 1932,
§ 427.)

Sec. 15. Trespassing or destroying property in cemeteries,
parks, etc.

For breaking, injuring or destroying any monument, gravestone
or marker, shrub, plant, or tree in the cemeteries, or parks,
or any property appertaining thereto, or for trespassing in any
manner on the grounds, the person so offending shall be fined not
less than five dollars nor more than twenty-five dollars. (Code
1932, § 438; Ord. March 20, 1939.)

CHAPTER 21.

Plumbing, Sewers and Sewage Disposal.[27]

Article I. In General.

                             

§ 1.	Duty of owner to connect with city sewer.
§ 2.	Each building to be separately connected with sewer.
§ 3.	Use of septic tanks.
§ 4.	Disposal of excreta from human bodies.
§ 5.	Sewered water closet or sanitary privy required.
§ 6.	Privies—Construction requirements and regulations generally.
§ 7.	Same—Keeping in cleanly condition; use only for toilet purposes.
§ 8.	Same—Not to be permitted to overflow.
§ 9.	Same—Noncomplying privies declared nuisance.
§ 10.	Same—Alterations or constructions to privies found to be nuisances.
§ 11.	Same—Receptacles for sanitary privies.
§ 12.	Same—Inspection.
§ 13.	Same—Replacement of can privies.
§ 14.	Sewers discharging into septic tanks or cesspools.
§ 15.	Penalty.

Article II. Plumbing.

                                       

§ 16.	Plumbing inspector—Appointment; compensation.
§ 17.	Same—Powers and duties generally.
§ 18.	Same—Not to engage in plumbing business.
§ 19.	Same—Right of entry; obstructing.
§ 20.	Only licensed plumber or agent to make sewer connections, etc.
§ 21.	Plumbers—Registration.
§ 22.	Same—Revocation of registration certificate.
§ 23.	Same—License.
§ 24.	Same—Bond.
§ 25.	Same—Correcting work improperly done, etc.; liability for damages.
§ 26.	Permits—Form and contents of application; issuance.
§ 27.	Same—For others than employees.
§ 28.	Same—Fees.
§ 29.	Plumber undertaking work started by another.
§ 30.	Inspections—Required; work concealed before inspection.
§ 31.	Same—Notice to inspector; certificates of approval, etc.
§ 32.	Same—Additional inspections; fees.
§ 33.	Same—Preparation for inspection; methods of testing.
§ 34.	Adoption of requirements of state law.
§ 35.	Penalty.

Article III. Sewers.

                 

§ 36.	"Main or lateral sewers" and "house sewers" defined.
§ 37.	Sewer connections—Application; charge.
§ 38.	Same—Outside city; application; contract executed by property owner.
§ 39.	Injuring sewers, manholes, etc.
§ 40.	Discharging refuse or garbage into sewers.
§ 41.	Rain and surface water not to flow into sewer.
§ 42.	Removal of obstructions.
§ 43.	Private sewer lines; connection with city sewer; rights of city.
§ 44.	Penalty.

Article I. In General.

Sec. 1. Duty of owner to connect with city sewer.

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 sewage 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 into 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 buildings and premises
on said lanes and courts, not accepted as public, shall run at
his expense a lateral to connect therewith, in accordance with
regulations herein contained governing sewers. (Code 1932, §
373.)

Sec. 2. Each building to be separately connected with
sewer.

The plumbing and drainage system of every building shall be
separately connected with the 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
house sewer will not be allowed, except by written permission of
the city manager. (Id.)

Sec. 3. Use of septic tanks.

In cases where it is not practicable or possible to make connections
with the city system of sewers, the use of septic tanks 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. (Id.)

Sec. 4. Disposal of excreta from human bodies.

It shall be unlawful for any person 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 properly
constructed sanitary privy. (Id.)

Sec. 5. Sewered water closet or sanitary privy required.

All buildings or other places in the 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. (Id.)

Sec. 6. Privies—Construction requirements and regulations
generally.

It shall be unlawful for any property owner or his authorized
agent or tenant to construct, maintain or permit to exist on any
property 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.

The health officer shall prescribe by regulations the proper size
and method of construction of such privies, and such other details
as will render this article effective and its application uniform.
All such privies must conform to such regulations. (Id.)

Sec. 7. Same—Keeping in cleanly condition; use only
for toilet purposes.

All sanitary privies in the 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. (Id.)

Sec. 8. Same—Not to be permitted to overflow.

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. (Id.)

Sec. 9. Same—Noncomplying privies declared nuisance.

All privies existing or maintained in the city which do not
comply with the requirements of this article or the regulations issued
under this article, shall be and are hereby declared a nuisance,
dangerous to the public health, and the city shall proceed to
abate such nuisance in accordance with law. (Id.)

Sec. 10. Same—Alterations or constructions to privies
found to be nuisances.

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.
(Id.)

Sec. 11. Same—Receptacles for sanitary privies.

All receptacles for sanitary privies shall be in the beginning
furnished by the property owner. Said receptacle shall be interchangeable
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.
(Id.)

Sec. 12. Same—Inspection.

The health officer or a duly appointed inspector shall personally
inspect all privies as such inspection shall be deemed by the
health officer necessary. The health officer or a duly appointed
inspector is hereby empowered to enter all premises in the discharge
of this duty. (Id.)

Sec. 13. Same—Replacement of can privies.

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. (Id.)

Sec. 14. Sewers discharging into septic tanks or cesspools.

All houses having a sewer which discharges into a septic tank
or cesspool shall be provided with an ample and approved subsurface
distributing system to care for the effluent from such
tank or cesspool. (Id.)

Sec. 15. Penalty.

Any person who violates any of the provisions of this article,
or any person who in any way obstructs the city health authorities
in the proper discharge of the duties prescribed in this article,
shall, upon conviction, be fined in a sum of not less than five dollars

nor more than one hundred dollars and may also be sentenced
to hard labor for the city for a period of time not exceeding six
months. Each day such violation continues shall constitute a
separate offense. (Id.)

Article II. Plumbing.

Sec. 16. Plumbing inspector — Appointment; compensation.

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.
(Code 1932, § 491(2).)

Sec. 17. Same—Powers and duties generally.

The plumbing inspector shall be charged with the duty of enforcing
the plumbing laws of the city. 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
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 article.

The plumbing inspector or his authorized assistant shall issue
all permits for plumbing work and issue the required certificate
of approval on the satisfactory completion of such work. (Id.,
§ 491(3).)

Sec. 18. Same—Not to engage in plumbing business.

The plumbing inspector shall not engage in the business of
plumbing, pipe fitting or any other business pertaining thereto, or

be interested, directly or indirectly, in any firm or corporation engaged
in said lines of business during his term of office. (Id.)

Sec. 19. Same—Right of entry; obstructing.

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 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 section 35. (Code 1932, § 492(8).)

Sec. 20. Only licensed plumber or agent to make sewer
connections, etc.

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 to any sewer, drain, soil, waste or water pipe.
(Id., § 491(6).)

Sec. 21. Plumbers—Registration.

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. (Id., §
491(4).)

Sec. 22. Same—Revocation of registration certificate.

Upon satisfactory proof that the certificate of registration of
a master or journeyman plumber was obtained through fraud or
error or if 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. (Id.)

Sec. 23. Same—License.

Any person 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 requirements hereinafter
set forth have been met. (Id., § 491(5).)

Sec. 24. Same—Bond.

Every person engaged in the plumbing business shall enter into
a bond, with security satisfactory to the city manager, in the
penalty of five hundred dollars, to indemnify and save harmless
the city, its citizens, residents and property owners against any
and all loss by reason of his failure to comply with the requirements
of this chapter or from neglect or carelessness in his work,
and conditioned further that, should any such work be defective
or incomplete and such person fail to correct the same within
ten days after written notice from the plumbing inspector or his
duly authorized representative, the city manager may have such
work corrected or completed 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
the plumbing inspector on or before the first day of May of each
year. (Id.)

Sec. 25. Same—Correcting work improperly done, etc.;
liability for damages.

Every person engaged in the plumbing business shall make
good all damages arising by reason of violations of this article.
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 twenty per cent additional
collected from said person, and such violation shall subject such
person to a fine as hereinafter provided, and the city manager
may revoke his license to do business, but the defendant shall
have the right of appeal to the council. (Id.)

Sec. 26. Permits — Form and contents of application;
issuance.

No alterations or installation of plumbing, shall be made, except
where the cost thereof is less than ten dollars, 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 the work.

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 get
from the engineering department the location of the sewer connection
and the work authorized by the permit shall be made to
conform thereto. (Code 1932, § 491(6).)

Sec. 27. Same—For others than employees.

It shall be unlawful for any plumber to take out a permit for
any person not in his employ. (Id.)

Sec. 28. Same—Fees.

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, bathtub, 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. (Code 1932, § 491(7).)

Sec. 29. Plumber undertaking work started by another.

Any plumber taking a job which has been started by another
must be in every case responsible for the entire work. (Id., §
491(6).)

Sec. 30. Inspections—Required; work concealed before
inspection.

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. (Id., § 491(8).)

Sec. 31. Same—Notice to inspector; certificates of approval,
etc.

Upon the completion of the work, the person 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 made to the city manager,
and his decision shall be deemed final in the matter. (Id.)

Sec. 32. Same—Additional inspections; fees.

When additional inspections are necessary, due to the failure
of the person to properly install plumbing work or for improper
notice of completion on a job, an additional fee of one dollar
for each such inspection may be charged at the discretion of the
city manager. (Id.)

Ses. 33. Same—Preparation for inspection; methods of
testing.

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. (Id.)

Sec. 34. Adoption of requirements of state law.

All plumbing in the city shall conform to the minimum standards
provided by the Acts of Assembly of 1938, pages 675-699
[§§ 1736(1)-1736(156) of Michie's Virginia Code of 1942],
and amendments thereto, which are hereby adopted and made
a part of this article as fully as though set out herein.

Sec. 35. Penalty.

Any person violating the provisions of this article shall be
fined not less than five dollars nor more than twenty-five dollars.
Each day of failure to conform to the provisions or requirements
of this article shall constitute a separate offense.
(Code 1932, § 492(9).)

Article III. Sewers.[28]

Sec. 36. "Main or lateral sewers" and "house sewers"
defined.

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. (Code 1932, §
492(1).)

Sec. 37. Sewer connections—Application; charge.

The work of running connecting lines from the city sewer
to the property line of the owner shall be done by the city, but
the owner shall pay to the city therefor fifteen dollars for each
connection. Such connection shall be made only upon application
in writing on a form provided by the city manager, to whom
application shall be made, and the payment above mentioned
shall be made at the time of application. (Id., 492(2); Ord.
March 3, 1941.)

Sec. 38. Same—Outside city; application; contract executed
by property owner.

The owners of property outside 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, provided the following
contract is duly executed by the property owner and recorded at
the expense of the property owner:

Sec. 39. Injuring sewers, manholes, etc.

No person, 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 flushtank,
or do any injury to any house sewer previously laid, and
no penalty fixed by this article shall prevent the city or any property
owner from recovering any damages sustained by reason of
such injury, by appropriate civil action or otherwise. (Id., §
492(4).)

Sec. 40. Discharging refuse or garbage into sewers.

No person shall be permitted to discharge into the main or lateral
sewers or 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
any thing other than the ordinary discharges of water closets, liquid
house slops and closet paper. (Id., § 492(5).)

Sec. 41. Rain and surface water not to flow into sewer.

No rain water from the roofs of houses, surface water or
drainage from the yard shall be permitted to flow into the sewer.
(Id.)

Sec. 42. Removal of obstructions.

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
the cost thereof, together with twenty per cent thereof, shall be
paid by the owner or occupant. (Code 1932, § 492(6).)

Sec. 43. Private sewer lines; connection with city sewer;
rights of city.

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 the lines to the city or to the owner of any
property connected therewith. (Id., § 492(7).)

Sec. 44. Penalty.

Any person violating the provisions of this article shall be fined
not less than five dollars nor more than twenty-five dollars. Each
day of failure to conform to the provisions or requirements of
this article shall constitute a separate offense. (Id., § 492(9).)

CHAPTER 22.

Police.[29]

Article I. In General.

                   

§ 1.	Composition of police force; election of officers and members.
§ 2.	Under control of mayor.
§ 3.	Powers of policeman; oath of office.
§ 4.	Special police; filling vacancies; examinations.
§ 5.	Police to be uniformed.
§ 6.	Annual furloughs.
§ 7.	Desk sergeant to call firemen.
§ 8.	Responding to call of city officials.
§ 9.	Issuance of summons by officers; violating promise to appear.
§ 10.	Giving name and address to officers; false name or address.

Article II. Chief and Lieutenants.

                 

§ 11.	Chief—Powers and duties generally.
§ 12.	Same—Records and reports.
§ 13.	Same—Suspending subordinates from duty.
§ 14.	Same—Furnishing information to city manager.
§ 15.	Same—Absence or sickness.
§ 16.	Lieutenants—Duties generally.
§ 17.	Same—Visiting beats.
§ 18.	Same—Inspecting policemen at roll call.
§ 19.	Power of chief or lieutenants to accept bail.

Article III. Policemen.

                                               

§ 20.	Duties generally.
§ 21.	Attendance, obedience to orders, etc.
§ 22.	Absence.
§ 23.	Dress on duty, badge, etc.
§ 24.	Presents, fees or rewards.
§ 25.	Property supposed to be stolen or lost.
§ 26.	Vigilance to prevent crime.
§ 27.	Inspection of doors, windows, etc.
§ 28.	Acquaintance with streets, property and persons.
§ 29.	Watching conduct of persons of bad character, etc.
§ 30.	Conduct toward offenders and prisoners.
§ 31.	Use of intoxicants; entering certain houses.
§ 32.	Deportment on duty.
§ 33.	Taking notice of vehicles at night.
§ 34.	Leaving beat.
§ 35.	Giving name and number.
§ 36.	Must know rules and regulations.
§ 37.	Information to be reported.
§ 38.	Duty in plain clothes.
§ 39.	Reporting violation of revenue laws.
§ 40.	Hours of duty.
§ 41.	Interest in outside business.
§ 42.	Accountable for equipment.
§ 43.	Political activities.

Article I. In General.

Sec. 1. Composition of police force; election of officers
and members.

The council shall elect, in the same manner as other officers of
the city are elected, a chief of police, an assistant chief of police, a
first lieutenant, a second lieutenant, a detective sergeant, three

desk sergeants, one mounted policeman and as many patrolmen
and substitute patrolmen as may be deemed necessary, who shall
hold office at the will of the council. (Code 1932, § 208.)

Sec. 2. Under control of 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.
(Id., § 209.)

Sec. 3. Powers of policeman; 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. (Id., § 210.)

Sec. 4. Special police; filling vacancies; examinations.

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. (Id., § 211.)

Sec. 5. 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. (Id., § 246.)

Sec. 6. Annual furloughs.

The members of the regular police force who have been members
of the force for twelve months shall be allowed an annual
furlough of 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. (Id., § 212.)

Sec. 7. Desk sergeant to 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. (Id., § 243.)

Sec. 8. Responding to call of city officials.

It shall be the duty of the police department to respond to the
call of the city manager and other city officials for any service in
the prosecution of their duties. (Id., § 215.)

Sec. 9. Issuance of summons by officers; violating
promise to appear.

A police officer arresting any person for a misdemeanor may,
in his discretion, instead of bringing such person to the station
house, take the name and address of such person and deliver to the
person a summons in writing to appear at a time to be specified
in such summons before the civil and police justice of the city and,
upon taking from such person a promise in writing to appear at
such time and place, shall release him from custody.

Any person refusing to give such written promise to appear
shall be taken to the station house. Any person who willfully
violates such a written promise to appear shall be fined not less

than ten dollars and not more than one hundred dollars. (Ord.
Oct. 21, 1940.)

Sec. 10. Giving name and address to officers; false name
or address.

Any person who is arrested or summoned to appear before the
civil and police justice shall, upon request of any police officer,
disclose his name and address, and any person who shall in such
case give a false name or address shall be fined not less than ten
dollars and not more than one hundred dollars. (Id.)

Article II. Chief and Lieutenants.

Sec. 11. Chief—Powers and duties generally.

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 and other places; to provide a proper police force at fires
and to protect the firemen and property thereat; to discharge
such other duties as may be required of him by the 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
justice of peace and the civil and police justice and all orders of
the mayor.

In addition to his other duties, the chief 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 the council of all meetings thereof. He shall
also have control of the council chamber, keep its keys, and have
the chamber lighted and heated in due season for all meetings of
the council. (Code 1932, §§ 213, 218.)

Sec. 12. Same—Records and reports.

The chief of police shall keep records showing the name of
every officer and man connected with the police force, the district
in which stationed from day to day, the place of residence, the
date of appointment and time of removal, and the happening of
any vacancies, also reports of officers under his command.

He shall make a report in writing to the members of the
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 the work of each
policeman, showing marks of merit 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.

He shall make a daily report to the members of the council
and city manager, showing the name of the person, the offense with
which he is charged, the officer by whom arrested and the magistrate
before whom tried and the penalty given, both fines and jail
sentences.

On the first day of each month, or as soon thereafter as practicable,
he shall furnish the city manager with a consolidated written
report of the activities of his department for the previous
month.

Forms for the above reports are to be prepared and furnished
by the city manager. (Id., §§ 214, 216.)

Sec. 13. Same—Suspending subordinates from duty.

For sleeping on his beat, any neglect of duty or any violation
of rules and regulations appearing in this chapter, the chief of
police may suspend from duty any subordinate until the offense
can be reported to the mayor, with the cause and facts on which
the suspension is ordered. Such report shall be transmitted to
the council by the mayor. (Id., § 226.)

Sec. 14. Same—Furnishing information to city manager.

It shall be the duty of the chief of police forthwith to communicate
to the city manager any information from the daily reports
of patrolmen or others in regard to streets, lights and other interest
which will be of use to the city manager in the administration of
his office. (Id., § 215.)

Sec. 15. Same—Absence or sickness.

The chief of police shall not leave the city unless he shall first
receive permission to do so from the 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. (Id.,
§ 217.)

Sec. 16. Lieutenants—Duties generally.

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. (Id., § 220.)

Sec. 17. Same—Visiting beats.

The lieutenants shall, if possible, see each man on his beat without
calling, but should they not be able to find him, the call shall
be given in the center and on each extremity of the beat, and if
unable then to find the man they are in search of, they shall report
to the chief the name of the man and the cause of absence, if ascertainable.
(Id., § 221.)

Sec. 18. Same—Inspecting policemen at roll call.

The lieutenants, at roll call, shall inspect each and every policeman
and be particular in noting that the dress is clean and
the badge in the proper place, that they have their batons and
pistols in proper order, and that they are properly and sufficiently
attired and fit, and the lieutenants shall report to the chief. (Id.,
§ 222.)

Sec. 19. Power of chief or lieutenants to accept bail.

The chief or his lieutenants shall have the power to bail any person
arrested and charged with a misdemeanor, to appear at the next
term of the civil and police justice's court, provided sufficient security
is furnished. (Id., § 219.)

Article III. Policemen.

Sec. 20. Duties generally.

Each member of the police force shall devote his whole time and

attention to the business of the police department, and although
certain hours are allotted to the respective members for the ordinary
performance of duty, they must at all times be prepared to
act immediately on notice that their services are required by the
proper officer or at the call of any citizen. (Code 1932, § 223.)

Sec. 21. Attendance, obedience to orders, etc.

Punctual attendance, prompt obedience to orders and conformity
to these rules and regulations will be rigidly enforced. (Id., §
224.)

Sec. 22. Absence.

No member of the police force shall leave the city or be absent
from duty without permission of the chief. (Id., § 225.)

Sec. 23. Dress on duty, badge, etc.

Every policeman, when entering on duty, must be neat in person,
having his badge, clothes and shoes clean, and his dress in
conformity with the regulations. (Id., § 227.)

Sec. 24. Presents, fees or rewards.

No member of the police force shall receive any present, fee or
reward for his service as policeman, other than the regular salary,
except by consent of the mayor or council. This provision shall
not apply to rewards offered for arrests of criminals or return of
property, except rewards offered by the city. (Id., § 228.)

Sec. 25. Property supposed to be stolen or lost.

Property coming into possession of a policeman, supposed to
be stolen or lost, shall be given to the officer in charge of the station
house, accompanied by a report to the chief, stating all the
circumstances in connection therewith. (Id., § 229.)

Sec. 26. Vigilance to prevent crime.

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. (Id., § 230.)

Sec. 27. Inspection of doors, windows, etc.

Every policeman must inspect every part of his beat during his
tour of duty and carefully examine all doors and low windows of
business houses to see that they are properly fastened. (Id., §
231.)

Sec. 28. Acquaintance with streets, property and persons.

Every policeman must thoroughly acquaint himself with all
streets, courts and buildings within his beat; and so far as practicable,
seek to recognize all persons residing therein. (Id., § 232.)

Sec. 29. Watching conduct of persons of bad character,
etc.

Every policeman 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. (Id., § 233.)

Sec. 30. Conduct toward offenders and prisoners.

When it becomes necessary to take a person into custody, the
policeman shall do so in as easy and quiet a manner as possible,
using only sufficient force to secure the prisoner, and in no instance
shall he strike a prisoner, except in self-defense; he shall
see that the prisoner is properly dealt with and cared for until he

is taken from his custody according to law, and any unnecessary
deprivations and abuses of prisoners will meet with reproof and
punishment. The officer who may be in charge of the station
house will see to it that prisoners while there receive proper care
and, should a prisoner need medical attention, he shall immediately
call a doctor. (Id., § 234.)

Sec. 31. Use of intoxicants; 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 in the strict performance
of his official duty. (Id., § 235.)

Sec. 32. 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, policemen 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. (Id., §
236.)

Sec. 33. Taking notice of vehicles at night.

Policemen shall take particular notice of all automobiles and
other vehicles at night, and all persons who, under any circumstances,
excite suspicion. (Id., § 237.)

Sec. 34. Leaving beat.

No policeman shall leave the beat assigned him, unless to answer

a call from an adjoining beat, to convey a prisoner to the station
house, or by permission of the chief or lieutenant. (Id., § 238.)

Sec. 35. Giving name and number.

Every policeman must give his name and number to all persons
who may inquire. (Id., § 239.)

Sec. 36. 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. (Id., § 240.)

Sec. 37. Information to be reported.

Every policeman shall keep a diary or book, in which shall be
noted by him, for report at the station house: First, doors or entrances
of all stores or business houses that he may find open during
the nighttime; second, all nuisances on his beat that should be
removed promptly; third, all violations of the city ordinances, the
names of offenders, witnesses, etc.; fourth, 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. (Id., § 241.)

Sec. 38. 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.
(Id., § 242.)

Sec. 39. Reporting violation of revenue laws.

Policemen shall aid the commissioner of revenue, as far as possible,
in detecting parties violating the revenue laws. (Id., § 244.)

Sec. 40. 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. (Id., § 245.)

Sec. 41. Interest in outside business.

No member of the police department shall have any interest in
any other outside business which may come in conflict with his
duty as a public officer of the city. (Id., § 248.)

Sec. 42. Accountable for equipment.

All equipment issued by the city to the police department shall
be charged to them, and each member shall be held accountable
for the safe return of whatever is furnished him. (Id., § 247.)

Sec. 43. Political activities.

Every policeman shall exercise the right of a citizen unquestioned
at all elections, but no member of the police department
shall take an active part therein, or in the political advancement of
any party, clique, combination or individual. (Id., § 250.)

CHAPTER 23.

Prison and Prisoners.

                               

§ 1.	City jail established.
§ 2.	Sergeant to have supervision and control of jail.
§ 3.	What persons confined to city jail.
§ 4.	Committing persons to jail; release from custody.
§ 5.	Purchases for jail.
§ 6.	Health officer to inspect jail; reports to city manager.
§ 7.	Sick prisoners.
§ 8.	Limitation of confinement for failure to pay fines and costs.
§ 9.	Credit for good conduct; credits on fine and costs.
§ 10.	Work force—Establishment; control of city manager.
§ 11.	Same—Persons required to work.
§ 12.	Same—Foreman and assistant foreman—Appointment.
§ 13.	Same—Same—Powers and duties; removal from office.
§ 14.	Same—Taking out prisoners to labor.
§ 15.	Same—Prisoners to obey orders and work each day unless excused.
§ 16.	Same—Punishment of prisoners.

Sec. 1. City jail established.

A city jail shall be established for the confinement of all persons
who may be committed or sentenced thereto. (Code 1932,
§ 310; Ord. Nov. 2, 1936.)

Sec. 2. Sergeant to have supervision and control of jail.

The city sergeant shall have supervision and control of the
city jail and the custody of all prisoners confined therein, as provided
by statute.[30]

Sec. 3. What persons confined to city jail.

All persons who may be lawfully committed to the city jail by
the judge of any court shall be received by the city sergeant in
said jail and shall be there retained until released by proper order.
(Code 1932, § 311; Ord. Nov. 2, 1936.)

Sec. 4. Committing persons to jail; release from custody.

No person shall be committed to the city jail by the civil and
police justice except upon written order of the civil and police
justice or the chief of police, nor shall any such person be released
from the city jail except upon a like order. (Code 1932,
§ 317; Ord. Nov. 2, 1936.)

Sec. 5. Purchases for jail.

The city purchasing agent shall make all purchases of every
kind and character necessary for the operation of the jail, and the
costs of the same shall be paid by the city.

Sec. 6. Health officer to inspect jail; reports to city
manager.

The health officer shall at least once a month inspect the jail
and make report of same to the city manager. (Code 1932,
§ 317; Ord. Nov. 2, 1936.)

Sec. 7. Sick prisoners.

When a prisoner claims to be sick the city sergeant shall
promptly notify the physician of the jail, who shall visit such
prisoner during the day in which he is so notified. If in his
opinion the prisoner is unfit for work, he shall so certify to the
city manager and said physician shall continue to visit the prisoner
daily so long as he may require medical attention. (Code
1932, § 314; Ord. Nov. 2, 1936.)

Sec. 8. Limitation of confinement for failure to pay fines
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
five days when the fine and costs, or costs where there is no
fine, are less than five dollars; when less than ten dollars it shall
not exceed ten days; when less than twenty-five dollars it shall
not exceed fifteen days; when less than fifty dollars it shall not
exceed thirty days, and in no case shall the confinement exceed
two months. (Code 1932, § 316; Ords. Nov. 2, 1936, April 5,
1943.)

Sec. 9. Credit for good conduct; credits on fine and costs.

Prisoners shall be allowed a credit upon their term of imprisonment
at the rate of ten days per month for good conduct, and
in addition thereto shall be allowed a credit on the fine and costs,
if any, due by them, of seventy-five cents 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; provided, however, that in the
event of the willful failure of any prisoner to work the credit allowed
shall be twenty-five cents per day. (Code 1932, § 315;
Ords. Nov. 2, 1936, April 5, 1943.)

Sec. 10. Work force — Establishment; control of city
manager.

A prisoners' work force 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 work force or part thereof to be
worked, at such time and places as he may designate or as necessity
may require. (Code 1932, § 310; Ord. Nov. 2, 1936.)

Sec. 11. Same—Persons required to work.

Any male person over the age of eighteen years convicted of
a misdemeanor, or any offense, and sentenced to confinement in
jail as a punishment, or part punishment, or who is imprisoned
for failure to pay any fine or penalty, imposed upon or assessed
against him upon such conviction or for any violation of 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 on said work force unless excused for cause by the city
manager. (Code 1932, § 311; Ord. Nov. 2, 1936.)

Sec. 12. Same—Foreman and assistant foreman—Appointment.

The city manager shall appoint a competent and efficient person
as foreman of the work force and when necessary shall appoint
another as assistant foreman. (Code 1932, § 312; Ord.
Nov. 2, 1936.)

Sec. 13. Same — Same — Powers and duties; removal
from office.

The foreman and assistant foreman of the work force 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 by the city manager, without
formal proceedings, for any cause deemed sufficient by him.
(Code 1932, § 313; Ord. Nov. 2, 1936.)

Sec. 14. Same—Taking out prisoners to labor.

The foreman of the work force shall take out such prisoners
as may from time to time be delivered to him by the city sergeant
and shall require them to perform such labor as may previously
have been designated by the city manager. The foreman
shall treat such prisoners humanely, using at the same time, however,
all such measures as may be necessary to secure diligent
service on the part of the prisoners and to prevent their escape.
(Code 1932, § 314; Ord. Nov. 2, 1936.)

Sec. 15. Same—Prisoners to obey orders and work each
day unless excused.

Each prisoner who is assigned to the work force shall obey
each and every proper order of the foreman or assistant foreman;
he shall perform such work as is 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. (Id.)

Sec. 16. Same—Punishment of prisoners.

The foreman of the work force 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 for in the following
paragraph; and the foreman may call upon the city sergeant,
or any member of the police force, for such assistance as
he may require in dealing with an obstreperous prisoner.

Should any prisoner or person assigned to work on said work
force disobey any proper order of the officers in charge of such
work force, or any rules and regulations of the council, he shall
be punished by said officers in charge by not less than fifteen nor
more than thirty-nine stripes or lashes in any one day. Such
punishment shall take place at the jail, or in lieu thereof, or in
addition thereto, such disobedience may be reported to the judge
committing such person to jail, who may add such additional
punishment as he may deem proper. (Id.)

CHAPTER 24.

Public Welfare.

                         

§ 1.	Director of public welfare; powers and duties generally.
§ 2.	Superintendent of public welfare—Appointment; compensation.
§ 3.	Same—Powers and duties generally.
§ 4.	Same—Remanding cases to district home.
§ 5.	Same—Accounting for city funds; incurring indebtedness beyond appropriation.
§ 6.	Same—Reports and information.
§ 7.	Public welfare employees.
§ 8.	Representative to district home board.
§ 9.	Providing assistance to families unable to support themselves.
§ 10.	Non-resident paupers coming into the city.
§ 11.	Aid to destitute non-residents.
§ 12.	Burial of paupers.
§ 13.	Audit and inventory in public welfare department.

Sec. 1. Director of public welfare; powers and duties
generally.

The department of public welfare shall be under the control
and supervision of the city manager who is hereby designated as
director of public welfare. Said director shall exercise all powers
and perform all duties conferred upon and required of local
welfare boards, by state law, ordinance or otherwise. (Code
1932, § 462; Ords. Sept. 4, 1934, June 6, 1938.)

Sec. 2. Superintendent of public welfare—Appointment;
compensation.

The director of public welfare, subject to the approval of the
council, shall appoint a superintendent of public welfare who shall
hold office at the pleasure of the director of public welfare, and
shall receive such compensation as may be fixed by the council.
(Code 1932, § 465; Ords. Sept. 4, 1934, June 6, 1938.)

Sec. 3. Same—Powers and duties generally.

The superintendent of public welfare, subject to the approval

of the director of public welfare, shall have control and direction
of the public charities of the city, and shall see that those persons
now receiving or making application to receive assistance from
the poor fund of the city are worthy cases. He shall perform
such other duties as are or may hereafter be prescribed by the
state law, the council, or the city manager. (Code 1932, § 463;
Ords. Sept. 4, 1934, June 6, 1938.)

Sec. 4. Same—Remanding cases to district home.

The superintendent shall remand such cases to the district
home, as he may deem proper; provided, however, that each such
case must first be approved by the city member of the district
home board. (Id.)

Sec. 5. Same—Accounting for city funds; incurring indebtedness
beyond appropriation.

The superintendent of public welfare shall be responsible and
accountable to the city for the proper expenditure and account of
all funds appropriated by the city and no indebtedness shall be
incurred by him beyond the amount appropriated by the council.
(Id.)

Sec. 6. Same—Reports and information.

The superintendent shall cause to be made on or before the
tenth day of each month to the director of public welfare a written
report of the activities of his department for the preceding
month on forms prescribed by the director of public welfare. The
superintendent shall also furnish from time to time such additional
reports and information as may be required by the council
or the director of public welfare. (Code 1932, § 469; Ords.
Sept. 4, 1934, June 6, 1938.)

Sec. 7. Public welfare employees.

The director of public welfare, subject to the approval of the
council, shall appoint such welfare employees as may be necessary
who shall hold office at the pleasure of the director of public
welfare, and shall receive such compensation as may be fixed by
the council. (Code 1932, § 465; Ords. Sept. 4, 1934, June 6,
1938.)

Sec. 8. Representative to district home board.

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 representative shall be as fixed by state law.
(Code 1932, § 464; Ords. Sept. 4, 1934, June 6, 1938.)

Sec. 9. Providing assistance to families unable to support
themselves.

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 the state
within three years unless, at the time of migrating, he was able
to maintain himself. (Code 1932, § 463; Ords. Sept. 4, 1934,
June 6, 1938.)

Sec. 10. Non-resident paupers coming into the city.

When it shall come to the knowledge of the superintendent of
public welfare that any person has come into the city who is
likely to become chargeable thereto, it shall be his duty to report
such cases to the chief of police for removal to the district or
county where they were last settled. (Code 1932, § 467; Ords.
Sept. 4, 1934, June 6, 1938.)

Sec. 11. 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, he may be aided from the poor fund until
recovery, or in a condition to provide for himself. But the superintendent
may discontinue the aid at any time. If a person is in
the city, sick and destitute, or if any female or children, unable to
provide for themselves, are in the city and likely to become
chargeable to the city, the superintendent with the consent of the
director of public welfare may send such persons to their homes,
and the expense of so doing shall be paid out of the poor fund.
(Code 1932, § 468; Ords. Sept. 4, 1934, June 6, 1938.)

Sec. 12. 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 public welfare,
when, in the opinion of the 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 the burial shall be charged against the
appropriation for public welfare. (Code 1932, § 470; Ords.
Sept. 4, 1934, June 6, 1938.)

Sec. 13. Audit and inventory in public welfare department.

The director of finance shall annually, or as often as he may
deem necessary, audit the accounts and inventory the property in
the custody of the superintendent of public welfare and shall require
the person receiving and expending the funds for public
welfare to keep account of all receipts and purchases in such
manner as the director of finance may prescribe 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. (Code
1932, § 471; Ords. Sept. 4, 1934, June 6, 1938.)

CHAPTER 25.

Railroads.[31]

                 

§ 1.	Restrictions as to speed.
§ 2.	Placing obstructions on tracks.
§ 3.	Sounding locomotive whistles in city.
§ 4.	Ringing locomotive bell.
§ 5.	Flagman—Stationing at certain points, etc.
§ 6.	Same—Appointed as special police.
§ 7.	Driving in front of locomotives; getting on or off train in motion.
§ 8.	Loitering or trespassing upon tracks or platform.
§ 9.	Obstructing passage on streets; vehicles standing on tracks.

Sec. 1. Restrictions as to speed.

No locomotive engine, car or train of cars or other vehicle on
any railroad track within the city limits, shall be moved or propelled
along or over any such railroad track at a greater rate of
speed than fifteen miles per hour in a business district or twenty-five
miles per hour in a residence district. The definitions of
"business district" and "residence district" appearing in chapter
18 of this code shall apply. (Code 1932, § 472.)

Sec. 2. Placing obstructions on tracks.

No person shall willfully place a stone or other obstruction upon
the tracks of any railway company with intent to obstruct,
impede or otherwise interfere with the operation of such railroad.
Any person violating this section shall be fined not less than five
dollars nor more than one hundred dollars. (Id., § 473.)

Sec. 3. Sounding locomotive whistles in city.

No locomotive engine whistle shall be sounded in the city limits
except to warn persons or animals off the road bed. Any
person having charge of such engine shall be fined not less than
five dollars nor more than ten dollars for each offense. (Id., §
474.)

Sec. 4. Ringing locomotive bell.

No locomotive engine bell may be rung within the city limits
except when the engine is in motion, unless to warn a person off
the track, and in motion only when approaching and within two
hundred feet or less of a street which the track crosses at grade
unless an emergency involving risk of life or serious injury
should require warning by bell the person menaced.

Any violation of this section shall be a misdemeanor and the
person violating this section shall be fined not less than two dollars
nor more than five dollars. (Id., § 475.)

Sec. 5. Flagman—Stationing at certain points, etc.

Every 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
daytime 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 ten dollars
nor more than fifty dollars 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 five dollars
for each offense. (Id., § 476.)

Sec. 6. Same—Appointed as special police.

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 such persons cease to be
employed as flagmen, or at any time that the mayor may deem
it proper to revoke said authority. (Id., § 477.)

Sec. 7. Driving in front of locomotives; getting on or off
train in motion.

It shall be unlawful to ride or drive in front of any moving
train or locomotive within less than fifty feet; nor shall any person
except an employee of the railway company get on or off a
train in motion. For a violation of any provision of this section
the penalty shall not be less than two dollars nor more than ten
dollars. (Id., § 478.)

Sec. 8. 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
depots, or about the railroad shops in the city. Any person violating
this section may be ordered to desist by any special or regular
policeman, and upon his failure to do so, he may be arrested,
and if convicted, shall be fined not less than one dollar nor more
than five dollars; 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.
(Id., § 479.)

Sec. 9. Obstructing passage on streets; vehicles standing
on tracks.

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.
(Id., § 487.)

CHAPTER 26.

School Board.[32]

     

§ 1.	Composition; election and terms of members.
§ 2.	Powers and duties.
§ 3.	Classified report and estimate.

Sec. 1. Composition; election and terms of members.

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. (Code 1932, § 459.)

Sec. 2. Powers and 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. (Id., § 460.)

Sec. 3. Classified report and estimate.

It shall be the duty of the school board annually, on or before
the thirty-first day of March of each year, and oftener if deemed
necessary by the 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. (Id., § 461.)

CHAPTER 27.

Signs and Awnings.[33]

Article I. In General.

   

§ 1.	Non-electric signs prohibited.
§ 2.	Swinging awnings.

Article II. Electric Signs.

                                               

§ 3.	Permits—Application.
§ 4.	Same—Construction permits.
§ 5.	Same—Electrical permits for operation and maintenance.
§ 6.	Same—Fees.
§ 7.	Same—Form and number of copies.
§ 8.	Requirements for construction and installation generally.
§ 9.	Requirements as to materials and specifications generally.
§ 10.	Alterations.
§ 11.	Circular or cylindrical signs.
§ 12.	Projections over sidewalks, etc.; distance above sidewalks, etc.; distance from building.
§ 13.	Supporting and bracing.
§ 14.	Wind pressure requirements.
§ 15.	Sky signs.
§ 16.	Electric switches on outside of building.
§ 17.	Mechanical requirements.
§ 18.	Classification of signs by city manager.
§ 19.	Approval by city manager.
§ 20.	Inspections; ordering signs put in proper condition.
§ 21.	Removing sign upon owner's discontinuance of business; erecting elsewhere.
§ 22.	Use of sign by others than person erecting it.
§ 23.	Obstructing windows or doors.
§ 24.	Responsibility for damage caused by construction and maintenance; indemnifying bonds or insurance policies.
§ 25.	Signs to which article applicable.
§ 26.	Penalty.

Article I. In General.

Sec. 1. Non-electric signs prohibited.

It shall be unlawful for any person to erect or maintain any
sign or similar structure over any sidewalk, street or alley, except
electric signs as provided for and permitted by the following
article. (Ord. May 7, 1934.)

Sec. 2. Swinging awnings.

Swinging awnings may be constructed over streets or sidewalks
only after securing a 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 seven 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 ten dollars for each offense. Each day such
violation continues shall constitute a separate offense. (Code
1932, § 166; Ords. Aug. 7, 1939, June 17, 1940.)

Article II. Electric Signs.

Sec. 3. Permits—Application.

Any person 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. All applications shall be signed by the property
owner. (Code 1932, § 163; Ords. June 18, 1934, Jan. 17,
1938.)

Sec. 4. Same—Construction permits.

Upon compliance with the requirements of this article by an
applicant for a permit to erect and maintain an electric sign, the
city manager shall issue to the applicant a construction permit,
limited to a period of construction only. (Id.)

Sec. 5. Same—Electrical permits for operation and
maintenance.

The city manager shall, upon being notified of the completion
of any electric sign, cause an inspection of the same to be made,
and if such sign has been constructed in accordance with the provisions
of this article and is approved by the city electrician, he
shall then issue an electrical permit without cost for the operation
and maintenance of such sign, until revoked, but the use of electric
current previous to the issuance of an electrical permit is prohibited.
(Id.)

Sec. 6. Same—Fees.

No permit required for the construction, erection or maintenance
of any sign shall be issued until the fee of one dollar has
been paid. (Id.)

Sec. 7. Same—Form and number of copies.

Permits issued by the city manager shall be written in duplicate,
one copy of which shall be delivered to the applicant and the
other shall be kept on file in the office of the city manager. (Id.)

Sec. 8. Requirements for construction and installation
generally.

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 article. (Id.)

Sec. 9. Requirements as to materials and specifications
generally.

It shall be unlawful for any person to erect or maintain any
electric sign except as prescribed in this article, and to be permitted
under this article, an electric sign must be composed entirely
of metal, or other suitable material, excepting the lettering
or advertising designs to be illuminated, which shall be composed
of glass or other transparent or semi-transparent 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 said sign and not less than ten lights in any sign. (Id.)

Sec. 10. Alterations.

No alteration shall be made on any sign erected or maintained
under authority of this article unless all the provisions of this
article are fully complied with and a permit issued for alteration.
(Id.)

Sec. 11. Circular or cylindrical signs.

Circular or cylindrical signs of not less than five inches nor
more than ten inches in diameter, and not greater than five feet
nor less than two and one-half feet in height (or length) will be
permitted. A sign of this type shall have within it at least one
100-watt light, or the equivalent in smaller lights. (Id.)

Sec. 12. Projections over sidewalks, etc.; distance above
sidewalks, etc.; distance from building.

No sign, figure or ornament shall be permitted to project over

any sidewalk or street further than within two feet of the curb
line.

Circular or cylindrical signs erected under the authority of this
article and overhanging any sidewalk, street, avenue or alley
must be placed at least seven and one-half feet above the sidewalk,
street, avenue or alley, and at a distance of not greater than
eighteen inches from the building, or wall, measured from the
extreme projection of the sign to the nearest face of the wall or
building.

Other signs erected by authority of this article and overhanging
any sidewalk, street, avenue or alley, must be placed at least
nine feet above the sidewalk, street, avenue or alley. (Id.)

Sec. 13. Supporting and bracing.

No sign shall be supported, anchored or braced to the wooden
beams or other wooden framework of a building. Wooden supports
or braces will not be permitted. (Id.)

Sec. 14. Wind pressure requirements.

All signs shall be designed to withstand a wind pressure of at
least thirty pounds per square foot of surface. (Id.)

Sec. 15. Sky signs.

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 eight feet from the cornice
or walls; on a street front, they shall not project more than
twenty-five feet above the roof of the building and shall have a
space at least six feet in height between the bottom of the sign
and the roof. (Id.)

Sec. 16. Electric switches on outside of building.

Every electric sign shall be provided with an electric switch
on the outside of the building for use in case of fire. (Id.)

Sec. 17. Mechanical requirements.

In addition to complying to the provisions of this article, all
signs erected and maintained under and by authority of this
article are subject to such mechanical requirements as the city
manager may set forth or exact. (Id.)

Sec. 18. Classification of signs by city manager.

Electric signs not provided for in any classification in this article
shall be classified by the city manager. (Id.)

Sec. 19. Approval by city manager.

All signs must be approved by the city manager. (Id.)

Sec. 20. Inspections; ordering signs put in proper condition.

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 article. (Id.)

Sec. 21. Removing sign upon owner's discontinuance of
business; erecting elsewhere.

If the owner of any electric sign discontinues 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 discontinuance
of business, and shall not be erected elsewhere in the city
except in conformity with the provisions of this article. (Id.)

Sec. 22. Use of sign by others than person erecting it.

No electric sign shall be used by anyone except by the person
erecting the same, except with the written consent of the city
manager. (Id.)

Sec. 23. Obstructing windows or doors.

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. (Id.)

Sec. 24. Responsibility for damage caused by construction
and maintenance; indemnifying bonds or
insurance policies.

As a condition of the permission to erect, construct or maintain
any sign covered by this chapter, the property owner, 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 against all damages it may sustain in
any manner by 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 fifteen
thousand dollars and properly conditioned for the protection of
the city.

In place of any indemnity bond called for by this section, the
property owner, sign owner, or user of any such sign may deposit
with the city manager a public liability insurance policy,
approved as to form by the city attorney and issued by an insurance
company authorized to do business in this state, insuring the
city for not less than fifteen thousand dollars against all damages
to persons or property it may sustain in any manner by reason of
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.

Such bonds or insurance policies, or certificates thereof, shall
be filed in the office of the city manager. (Id.)

Sec. 25. Signs to which article applicable.

Unless existing signs are specifically mentioned, the provisions
of this article shall apply only to signs hereafter erected or altered.
(Id.)

Sec. 26. Penalty.

Any violation of this article shall be punished by a fine of not
less than five nor more than twenty dollars for each day the violation
continues. (Id.)

CHAPTER 28.

Slaughterhouses.[34]

     

§ 1.	Permits.
§ 2.	Physical examination of employees.
§ 3.	Rules and regulations for construction and operation.

Sec. 1. Permits.

No person shall own, maintain or operate a slaughterhouse,
abattoir or place where animals such as cattle, sheep or hogs are
killed for the purpose of sale within 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 thirty-first of each year, and, if renewal is
desired, written application must be made to the health officer
ten days before the date of expiration. A fee of one dollar shall
be charged for such permit. (Code 1932, § 374.)

Sec. 2. Physical examination of employees.

The health officer shall be empowered to order any physical
or laboratory examination of any employee at any time that may
be deemed necessary to determine whether a communicable or infectious
disease exists. (Id., 375.)

Sec. 3. Rules and regulations for construction and operation.

All slaughterhouses, abattoirs or places where animals, such
as cattle, sheep and hogs are killed for the purpose of regular
sale to the citizens of this city, shall be so constructed and operated
as to comply with the following conditions:

(a) Shall be supplied with an abundant supply of pure water.

(b) Shall be provided with 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 workrooms of slaughterhouses 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 slaughterhouses shall be clean and free from green

bones, hair, offal, putrifying flesh, manure, etc. Such enclosure
shall be well drained.

(l) Toilets shall be of a type approved by the health officer and
shall be kept clean at all times.

(m) After each day's work is complete the floors shall be
scrubbed, utensils and equipment washed, and the rooms used
thoroughly cleaned.

(n) All workroom employees shall be clean in person at all
times and shall wear clean clothing. (Id., § 376.)

CHAPTER 29.

Streets, Sidewalks and Alleys.[35]

                                                                                                               

§ 1.	Definition of street.
§ 2.	Numbering and naming streets.
§ 3.	House numbers—Method of numbering.
§ 4.	Same—Establishing; furnishing information to owners of houses.
§ 5.	Same—Varying from prescribed method; removing or defacing numbers.
§ 6.	Defacing or removing street signs, fire hydrants or monuments.
§ 7.	Encroachments on streets.
§ 8.	Grading—Plan showing elevation or lowering.
§ 9.	Same—Waiver of damages by property owners.
§ 10.	Laying sidewalks—By city upon property owner's application.
§ 11.	Same—By property owner.
§ 12.	Same—By city without application.
§ 13.	Excavations—Permit required.
§ 14.	Same—Deposits; acquiescence to provisions of sections thirteen to nineteen.
§ 15.	Same—Duty to prosecute work without delay.
§ 16.	Same—Replacing surface.
§ 17.	Same—Guarding by lights and barriers; responsibility for damages caused by excavation.
§ 18.	Same—Taking up pavement, etc., without permit.
§ 19.	Same—Provisions of sections thirteen to eighteen not applicable to work done by city.
§ 20.	Exposure of water pipes by repairing, grading, etc.
§ 21.	Openings in sidewalks—Entrances to cellars or areaways.
§ 22.	Same—Coal or fuel holes.
§ 23.	Same—Closing except when in actual use; liability for damages.
§ 24.	Same—Maliciously opening.
§ 25.	Same—Defective covers.
§ 26.	Gutters on eaves projecting over sidewalks.
§ 27.	Drainage from lots, gutters or spouts.
§ 28.	Snow-breaks on buildings on street lines.
§ 29.	Gates and doors on street lines.
§ 30.	Entrances over sidewalks or drainage ditches.
§ 31.	Driving or riding upon sidewalk; vehicles standing upon sidewalk or intersection.
§ 32.	Use of trucks, wheelbarrows, bicycles, etc., upon sidewalks.
§ 33.	Bicycle racks on sidewalks.
§ 34.	Backing vehicles up to sidewalks.
§ 35.	Obstructions.
§ 36.	Same—Removal.
§ 37.	Barriers and lanterns to warn against danger.
§ 38.	Stopping travel on streets; interfering with barricades, etc.
§ 39.	Retaining walls for earth embankments.
§ 40.	Sidewalks in front of premises to be kept clean.
§ 41.	Removal of snow, sleet and ice.
§ 42.	Transporting coal over or about sidewalks.
§ 43.	Planting shade trees.
§ 44.	Coasting, snowballing, etc.
§ 45.	Loafing and loitering on streets.
§ 46.	Political processions; parades; flag poles.
§ 47.	Auction sales in streets.
§ 48.	Duty of owner of private alley.
§ 49.	Barb wire fences along streets or sidewalks.
§ 50.	Holes, depressions, etc., upon lots below grade of street.
§ 51.	Repairing or testing machinery in streets.
§ 52.	Open ditches to be reported to the fire department.
§ 53.	Throwing fruit peels, etc., on sidewalks.
§ 54.	Hauling earth, garbage, etc., over streets.
§ 55.	Removal of trash, garbage, ashes, etc., by the city.
§ 56.	Penalty.

Sec. 1. Definition of street.

The term "streets" when used in this chapter 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. (Code 1932, § 144.)

Sec. 2. Numbering and naming streets.

The streets of the city shall retain their present names until
changed by the council.

Main Street shall be the east and west line from which streets
shall be named; those to the north of Main Street, as north, and
those to the south of Main Street, as south, i. e., the portion of
First Street north of Main Street shall be known as North First
Street, and that portion south of Main Street shall be known as
South First Street.

The meridian street shall be North First or South First Street,
as indicated by its position north or south of Main Street. (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.
(Id., § 140.)

Sec. 3. House numbers—Method of numbering.

All houses fronting on the public streets of the city shall be numbered
in conformity with the following:

(1) On streets running parallel with Main Street the odd numbers
shall apply to the north sides, and the even numbers to the
south sides. On streets running parallel with First Street the odd
numbers shall apply to the west, and the even numbers to the east
sides.

(2) On all streets running parallel with Main Street, the numbering

shall commence with No. 100 at First Street increasing at
the rate of one hundred numbers for each block going eastward
and westward, and with No. 100 at Main Street increasing at the
same rate going northward and southward. (Id., § 141.)

Sec. 4. Same—Establishing; furnishing information to
owners of houses.

The city manager shall establish all house numbers, allowing
one whole number for every house or tenement, if practicable, 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. (Id., § 142.)

Sec. 5. Same—Varying from prescribed method; removing
or defacing numbers.

Any person owning or occupying a house who shall number or
attempt to number it otherwise than in conformity with sections
3 and 4, of this chapter, and any person who shall deface, alter or
remove a number placed upon a house in accordance with said
sections, shall, upon conviction, be fined not less than two nor
more than five dollars. (Id., § 143.)

Sec. 6. Defacing or removing street signs, fire hydrants
or 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 ten
dollars nor more than fifty dollars, or by imprisonment in jail for
not more than thirty days, or both. (Id., § 149.)

Sec. 7. Encroachments on streets.

In every case of an encroachment upon a street by a building,
wall, fence or other structure, the city manager shall require the
owner or maintainer thereof to remove the same. For failure to

make such removal in the time ordered, the civil and police justice
may impose a penalty of five dollars 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. (Id., § 150.)

Sec. 8. Grading—Plan showing elevation or lowering.

Whenever the paving, grading, or making of sidewalks or
streets anywhere in the city is ordered by the council, it shall be
the duty of the city manager, when in his opinion such street or
sidewalk should be so graded as to raise or lower the same materially
with reference to the property of abutting lot owners, to
make his plans of such improvement, showing accurately in feet
and tenths the elevation or lowering of the street with reference
to such adjacent property. (Id., § 145.)

Sec. 9. Same—Waiver of damages by property owners.

Before proceeding with the work the city manager shall obtain
from the owners of the property to be affected by such change of
grade, a written waiver of all damages. If such property owners
refuse to sign such waiver the city manager shall report the situation
to the council and receive authority from that body before proceeding
with the work. (Id.)

Sec. 10. Laying sidewalks—By city upon property owner's
application.

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 the
director of finance, who shall make two copies of the same, forwarding
one copy 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. (Code 1932, § 146.)

Sec. 11. Same—By property owner.

Whenever any citizen or property owner desires to lay a sidewalk
for himself in a city street, he shall make application to the
city manager in writing who shall grant such permission upon condition
that the applicant make such improvement at his own expense
and do the work under the supervision of the city manager.
(Id.)

Sec. 12. Same—By city without application.

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. (Id.)

Sec. 13. Excavations—Permit required.

No person, unless specially authorized by the council, shall take
up or remove any portion of the surface of the sidewalk, or street,
or excavate in any public street of the city without written permission
of the city manager, who shall not refuse permission to any
applicant except for cause, but in case of refusal the applicant may
appeal to the council. (Code 1932, § 147.)

Sec. 14. Same—Deposits; acquiescence to provisions
of sections thirteen to nineteen.

Before a permit to remove a pavement or street surface or excavate
any street or alley is granted, the city manager may require a
deposit sufficient to pay for resurfacing the street to be disturbed,
the amount of such deposit to be determined by the city manager.

Every person who shall make application as above specified shall
be deemed to have assented thereby to all the provisions and terms
of sections 13 to 19, including the right of the city to collect the
actual cost of replacing the pavement, sidewalk or street surface in
the manner above directed. (Id.)

Sec. 15. Same—Duty to prosecute work without delay.

It shall be the duty of every person to whom a permit to remove
a pavement or street surface or excavate in any street or alley shall
have been granted, to institute at once and prosecute without delay
the work for which such permit was obtained, and promptly on its
completion give written notice thereof to the city manager. (Id.)

Sec. 16. Same—Replacing surface.

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. (Id.)

Sec. 17. Same—Guarding by lights and barriers; responsibility
for damages caused by excavation.

Any person to whom a permit is granted to do such work as provided
in sections 13 to 19 shall place guards or barriers around
such excavation and shall protect it by warning lights at night, and
shall be responsible for damages to persons or property caused by
such excavations until taken in charge by the city manager. Any
person failing to place such guards, barriers or lights as required
by this section, shall be fined not less than one dollar nor more than
ten dollars, and each day's neglect shall constitute a separate offense.
(Id.)

Sec. 18. Same—Taking up pavement, etc., without
permit.

Any person found guilty of taking up any pavement, sidewalk,
or street surface, or excavating in any street or alley in the city

without the written permission of the city manager shall, upon
conviction, be fined not less than five dollars nor more than ten dollars
for each offense, and each day that such violation continues
shall constitute a separate offense. (Id.)

Sec. 19. Same—Provisions of sections thirteen to eighteen
not applicable to work done by city.

The provisions of sections 13 to 18 shall not apply to work done
by city forces under the supervision of the city manager, but the
city manager may prescribe regulations for work done on city
streets by city forces. (Id.)

Sec. 20. Exposure of water pipes by repairing, grading,
etc.

When, in repairing or grading or otherwise disturbing a street,
any water pipe is left uncovered or exposed, it shall be the duty
of the person in charge of such work to forthwith notify the city
manager of such exposure. For failure to give such notice the
party in default shall be liable to a fine of not less than two dollars
nor more than twenty-five dollars. (Code 1932, § 148.)

Sec. 21. Openings in sidewalks—Entrances to cellars or
areaways.

No entrances in sidewalks to cellars or areaways shall hereafter
be permitted without the approval of the council.

Every cellar or area which opens in a sidewalk shall have such
opening covered with substantial metal grating, rough-surface-metal,
or metal and glass, which shall be flush with the pavement;
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
that when closed they shall be flush with the pavement, and when
open shall each stand upright and at right angles to the pavement
and be held in such position by connecting bars or chains at the
end of said doors nearest the curb line. No cellar door shall be allowed

to fall back or lie flat upon the street or sidewalk, nor to remain
open any longer than necessary and while in actual use. The
owner or occupant of any building, 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, shall be fined five dollars each day such violation continues.
Any person violating the other provisions of this section
shall be fined not less than two dollars nor more than ten dollars
for each offense. (Id., § 151; Ord. Feb. 19, 1934.)

Sec. 22. Same—Coal or fuel holes.

No opening in a street or sidewalk for fuel or coal holes shall
exceed eighteen inches in diameter. Such opening shall be covered
with a substantial metal cover with a rough surface placed flush
with the surface of the sidewalk. Such fuel or coal holes hereafter
constructed shall be in accordance with plans first approved
by the city manager and shall not be constructed until a written
permit shall have been obtained from the city manager.

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 five dollars for each day such violation continues.
Any person violating the other provisions of this section shall be
fined five dollars for each offense. (Code 1932, § 152.)

Sec. 23. Same—Closing except when in actual use; liability
for damages.

Every cellar, vault, fuel or coal hole opening in a sidewalk shall
be kept closed and the cover thereof securely fastened, except when
the same shall be actually in use by some person immediately attending
the same. The owner or occupant of the building shall be
responsible for any damage to persons or property caused by any
cellar, vault or coal hole opening. For a violation of this section
the penalty shall be five dollars for each offense, if it be committed
in the daytime, and ten dollars if the same be after nightfall.
(Id., § 153.)

Sec. 24. Same—Maliciously opening.

If any one wilfully or maliciously opens or causes to be opened
any such cellar, vault or coal hole opening in a sidewalk whereby
the safety of users of the sidewalk is endangered he shall, upon
conviction, be fined not less than five dollars nor more than fifteen
dollars, 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. (Id.)

Sec. 25. Same—Defective covers.

Whenever the owner or occupant of any building to which is
attached any area, cellar, vault, fuel or coal hole opening in the
sidewalk shall be notified by the city manager that the covering
thereof is insecure or dangerous it shall be his duty at once to repair
the same. For failure to do so within five days, he shall be
fined five dollars; and for each day of default after the expiration
of said five days, he shall be fined a like sum. 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. (Code 1932, § 155.)

Sec. 26. Gutters on eaves projecting over sidewalks.

All buildings, the eaves of which project over the sidewalk,
shall be provided with gutters so that there shall be no dripping
from the eaves upon the sidewalk. All gutters, the waters from
which empty upon a street or sidewalk, shall be 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 one
dollar nor more than five dollars for each day such violation shall
continue after notification by the city manager or chief of police to
remedy the fault. (Id., § 156.)

Sec. 27. Drainage from lots, gutters or spouts.

No water from any lot, gutter or spout shall be permitted to
flow across the footway of any street except in a covered drain,
the cover of which shall not be above the surface of such footway.
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
one dollar nor more than five dollars for each day such violation
shall be permitted to continue after notice by the city manager or
chief of police to abate the same. Provided, that in case of
failure to comply with the order of the city manager or chief
of police, within five days, the city manager may cause the construction
to be made at the cost of the city, and the cost thereof,
with twenty per centum additional as a fine, shall be collected of
the party in default in like manner as fines and assessments are
collected. (Id., § 157.)

Sec. 28. Snow-breaks on buildings on street lines.

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 five dollars for each day such failure shall continue.
(Id., § 158.)

Sec. 29. Gates and doors on street lines.

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 one dollar for
each day said offense shall continue after notice by the city manager
to abate the same. (Id., § 159.)

Sec. 30. Entrances over sidewalks or drainage ditches.

Whenever in order to provide for an entrance to any property
it is necessary to cross a sidewalk or drainage ditch, it shall be
the duty of the owner of the property at his own expense to provide
an entrance approved by the city manager.

For the crossing of any drainage ditch the owner shall provide
a pipe or conduit of such size and length as may be specified by
the city manager, such pipe or conduit to be placed or installed by
the city.

For the crossing of any sidewalk or curb which has been previously
constructed, the owner shall remove and replace so much of
the sidewalk or curb as may be necessary to provide a suitable entrance
subject to the supervision and inspection of the city manager
and no such entrance shall be constructed until a written permit
has been obtained from the city manager. (Id., § 160.)

Sec. 31. Driving or riding upon sidewalk; vehicles standing
upon sidewalk or intersection.

No person shall, except on such pavement and at such places as
are provided for in section 30 of this chapter, 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 one dollar for each offense. (Id.,
§ 161.)

Sec. 32. Use of trucks, wheelbarrows, bicycles, etc.,
upon 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 two dollars.
(Id., § 162; May 17, 1943.)

Sec. 33. Bicycle racks on sidewalks.

Sections 31 and 32 of this chapter shall not be construed to prohibit
the use of bicycle racks on the sidewalks outside any place
of business, provided the chief of police approves the location

thereof, and the person maintaining such rack executes agreements
indemnifying the city against any claim on account of such
use of the sidewalk, and provided further, that such racks shall
be removed from the sidewalk during the hours such place of
business is closed. (Id.)

Sec. 34. Backing vehicles up 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 one dollar nor more than five dollars for each hour or part of
that hour that it shall stand so backed up. 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. (Code 1932, § 186.)

Sec. 35. Obstructions.

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 one dollar nor more than five dollars 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, to wit:

(a) Telegraph, telephone, and electric light and power companies
holding franchises may place such reasonable number of
poles as may be requisite for their business; but 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 for
the purpose of laying timber and other building materials during

such reasonable time as may be necessary for such erection, but no
longer. Should there be buildings in course of construction, on
the opposite sides of the street at the same time, then each may
occupy one-fourth of such street. When such building or wall is
being erected, the sidewalk in front thereof shall not be obstructed;
but, for the protection of persons passing, a shed or platform
shall be erected over the sidewalk which shall be at least seven and
one-half feet high, as wide as the pavement and as long as the
building or wall which is being constructed, under which persons
may safely walk. Any damage done to the street or sidewalk by
such building or 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, easy and comfortable
use of the sidewalk. Such occupation of the sidewalk shall be
for only such time as may be necessary for such reception or delivery.
It shall be the duty of the police to see that the sidewalks
are not so obstructed as to deprive the public of the use thereof
as hereinbefore described. They are hereby clothed with the
power to require goods and other articles which in their opinion
obstruct the sidewalk to be moved at once.

(d) The persons placing such obstructions on the streets or
sidewalks shall be responsible for any damages caused thereby.
(Id., § 164.)

Sec. 36. Same—Removal.

It shall be the duty of the police to promptly notify the city
manager of all permanent obstructions of the streets, drains or
culverts. The city manager shall forthwith cause all such obstructions
to be removed by either the person responsible for the same
or 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. (Id., § 167.)

Sec. 37. Barriers and lanterns to warn against danger.

When any work is being done on structures abutting on any
street or sidewalk which may endanger persons passing along
such street or sidewalk, barriers shall be placed across the way
so as to prevent and warn persons against the danger. No bricks,
slate or any other thing or substance shall be thrown off, from
or out of such structure or any part thereof into the street or sidewalk,
except within the space inclosed by such barriers. When
any ditch is dug or excavation is made in or abutting a street or
sidewalk sufficient barriers shall be placed around and over the
same to prevent persons or animals from falling therein, 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 five dollars, 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. (Id., § 168.)

Sec. 38. Stopping travel on streets; interfering with
barricades, etc.

The city manager, or his authorized representative, shall have
the right to stop travel on any street when the same is being repaved
or improved, if he 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 five dollars nor more than one hundred dollars for
each offense. (Id., § 169.)

Sec. 39. Retaining walls for earth embankments.

Wherever earth enbankments 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 five dollars, and if any person
fails to conform hereto within a reasonable time after being notified
to do so by the city manager, each day of default shall be
deemed a separate offense. If, however, a change in the grade of
the street, made by the city, produces an embankment abutting on
a paved street or sidewalk, it shall be the duty of the city to erect
protecting barriers, if deemed necessary by the city. (Id., § 170.)

Sec. 40. Sidewalks in front of premises to be kept clean.

It shall be unlawful for any person to sweep dirt or trash from
the interior of the store or premises occupied by him upon the
sidewalk, but such dirt or trash shall be taken up and put in proper
receptacles for removal.

It shall be the duty of all persons occupying stores or premises
fronting on any street to keep the sidewalk immediately in front
thereof clean and clear of rubbish, trash, waste paper, filth, etc.,
and they shall not sweep the same into the driveway of the street,
but shall take up the same and put it in proper receptacles to be removed
as other trash, waste paper, filth, etc., is removed. During
dry weather, sidewalks shall be sprinkled with water before sweeping
so as to prevent dust from flying into faces of pedestrians. In
case of office buildings, apartment houses or other buildings occupied
by three or more tenants, this duty shall be upon the owner
thereof, or the person in charge of the entire building. Where the
first floor is occupied as a store or mercantile establishment, the
duty of keeping the sidewalk in front thereof shall be and is hereby
imposed upon the occupant of said store or proprietor of the
mercantile business.

For each and every violation of any of the provisions of this
section the offender shall, upon conviction, be fined not less than
two nor more than ten dollars. (Id., § 171.)

Sec. 41. Removal of snow, sleet and ice.

It shall be the duty of every occupant of every house or lot
which abuts upon a sidewalk or footway of stone, brick or wood,
to have all snow removed from 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 noon the day following. The same requirements
shall exist with respect to ice or sleet on sidewalks or
footways, except that the same, when it cannot be removed without
injury to the sidewalk or footway, shall be covered within the
period of time specified, with sand, ashes or some other substance
which will render it safe for travel. Whenever any house or lot
is unoccupied, it shall be the duty of the owner, or the agent of the
owner thereof, to have the snow or ice removed from his sidewalk
or footway, as above required of occupants. The penalty for each
violation of this section shall be two dollars, 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. (Id., § 172.)

Sec. 42. Transporting coal over or about sidewalks.

Whenever coal is handled or transported over or about any sidewalk
in the city, the person having such work done shall, within
one hour after such work is completed, have all particles of coal
or dust swept or removed from the sidewalk. Any person violating
the provision of this section shall be fined two dollars and fifty
cents for each offense. (Id., § 154.)

Sec. 43. Planting shade trees.

No person shall plant any shade trees in the streets or sidewalks

of the city without the previous consent of the city manager who
shall designate the proper line for the same. No North Carolina
Poplar, Lombardy Poplar or Cottonwood tree shall be planted in
the streets or alleys of the city, nor within ten feet of the lines of
the same. Any violations of this section shall be punished by a fine
of not less than one dollar nor more than five dollars. Neglect or
refusal to remove such trees as have been planted contrary to this
section, when ordered to do so by the city manager, shall be cause
for issuance of a warrant for having the trees removed by the
city, and the person planting the trees shall pay the cost of the
same and an additional fine of five dollars. (Id., § 165.)

Sec. 44. Coasting, snowballing, etc.

No person shall slide or coast upon the ice or snow in any street.
No person shall throw any snowballs in the streets. For a violation
of this section the penalty shall not be less than one dollar nor
more than five dollars. (Id., § 178.)

Sec. 45. Loafing and loitering on 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 one dollar nor more than
ten dollars for each offense. (Id., § 180.)

Sec. 46. Political processions; parades; 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 many 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 provisions of this section
shall be fined not less than five dollars nor more than fifty dollars

or by confinement in jail for a period of not less than thirty days,
or both. (Id., § 181.)

Sec. 47. Auction sales in streets.

No person shall sell, or offer for sale, at public auction, on the
streets or sidewalks of the city any goods, wares, merchandise,
household furniture or other article or thing whatsoever, except
real estate. The penalty for violating this section shall not be less
than two dollars and fifty cents nor more than ten dollars. (Id.,
§ 183.)

Sec. 48. Duty of owner of private alley.

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 one dollar and not more than five dollars;
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. (Id., § 188.)

Sec. 49. Barb wire fences along streets or sidewalks.

No person shall erect along or on any street or sidewalk of the
city what is known as barb wire fencing. Any violation of this
section shall be punished by a fine of five dollars, and each day
that such violation continues after notification by the chief of police
or city manager to remove such fence shall constitute a separate
offense. (Id., § 190.)

Sec. 50. Holes, depressions, etc., upon lots below grade
of street.

All holes, depressions, excavations or other dangerous places
upon private lots that are below the grade of the adjoining street
shall be properly enclosed with fences or walls, or filled up by

the owners or occupants of said lots, so as to prevent persons or
animals from falling therein. It shall be the duty of the chief of
police and city manager to notify the owner or occupants of
premises on which such dangerous places exist, and require that
fences or walls be built around them, or that they be filled up
within such period as 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 five dollars 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. (Id., § 187.)

Sec. 51. Repairing or testing machinery in streets.

Manufacturing, repairing or testing of machinery including
the engines or other parts of motor-driven vehicles on the sidewalks
or in the streets shall be unlawful. Any person violating
this section shall be fined not less than two dollars and fifty cents
nor more than ten dollars for each offense.

This section shall not apply to emergency repairs which are
necessary before the vehicles can be moved. (Id., § 195.)

Sec. 52. Open ditches to be reported to the fire department.

Whenever the superintendents 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. (Id., § 196.)

Sec. 53. Throwing fruit peels, etc., on sidewalks.

No person shall throw upon any sidewalk or street crossing,
any rind, skin or peeling of any fruit or vegetable, or any other
article liable to make a person slip or fall. For any violation of
this section the offender shall be fined not less than one dollar nor
more than five dollars for each offense. (Id., § 176.)

Sec. 54. Hauling earth, garbage, etc., over streets.

The owner or operator of every cart or other vehicle employed
in removing or carrying dirt, sand, coal, manure or filth or offensive
matter of any kind or description, along or over any of
the streets of the city, shall have and keep the same in, such tight
and secure condition that such matter shall not be scattered or
suffered to fall on any of the streets aforesaid, under a penalty of
five dollars for each offense. (Id., § 175.)

Sec. 55. 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 one dollar nor more than
five dollars for each offense. (Id., § 174.)

Sec. 56. Penalty.

Unless otherwise provided in this chapter any person violating
any of the provisions of this chapter shall be fined not less than
two dollars and fifty cents nor more than one hundred dollars
for each offense. (Id., § 197.)

CHAPTER 30.

Swimming Pools.

                                                                               

§ 1.	Definition.
§ 2.	Permits—Contents of application; granting.
§ 3.	Same—Revocation.
§ 4.	Inspections by health officer; publishing reports.
§ 5.	Supervision of trained operator required.
§ 6.	Presence of swimming instructor or attendant required.
§ 7.	Solo bathing prohibited.
§ 8.	Entrance of persons when pool empty.
§ 9.	Lining of floors and walls.
§ 10.	Slope of floor; minimum depth; marking depth.
§ 11.	Scum gutters.
§ 12.	Steps and ladders.
§ 13.	Runways.
§ 14.	Location of inlet and outlet.
§ 15.	Size of pool.
§ 16.	Toilet facilities.
§ 17.	Showers.
§ 18.	Artificial lighting facilities.
§ 19.	Ventilation.
§ 20.	Required temperature for pool room, dressing room, etc.
§ 21.	Dressing room floors.
§ 22.	Construction and height of diving boards and platforms.
§ 23.	Water—Approval of source and method of purification.
§ 24.	Same—Chlorinating.
§ 25.	Same—Clearness.
§ 26.	Same—Required temperature.
§ 27.	Same—Purity.
§ 28.	Same—Frequency of changing.
§ 29.	Same—Frequency of disinfection.
§ 30.	Same—Tests for excess chlorine.
§ 31.	Same—Tests for acidity and alkalinity.
§ 32.	Bathers to take cleansing baths.
§ 33.	Suits and towels.
§ 34.	Spitting, blowing nose, etc., in pool.
§ 35.	Excluding persons with communicable diseases.
§ 36.	Instructing and warning bathers.
§ 37.	Rough play, etc., prohibited.
§ 38.	Operating record required; matters to be recorded.
§ 39.	Placards to be posted.
§ 40.	Penalty.

Sec. 1. Definition.

The term "swimming pool" as used in this chapter shall mean
any public swimming pool, or bathing place, with water sufficiently
deep for complete immersion of the body and used collectively by
numbers of persons, together with the buildings and equipment
pertaining to such places. (Code 1932, § 368; Ord. June 3, 1935.)

Sec. 2. Permits—Contents of applications; granting.

No person shall construct, add to, modify, or operate any public
swimming pool without first obtaining a permit from the health
officer. Application for a permit shall be accompanied by detailed
maps, drawings, and descriptions of the structure, appurtenances,
and methods of operation, description of the source of water
supply, the methods of purification, and any other information
required by the health officer. The health officer, in cooperation
with the city engineer, shall determine whether or not the proposed
pool may be expected to comply with the requirements of this
chapter, and if so shall grant the application for permit. (Id.)

Sec. 3. Same—Revocation.

Any permit may be revoked or suspended at any time by the
health officer, if he finds the swimming pool is being conducted in
an insanitary manner or is dangerous to the public health. (Id.)

Sec. 4. Inspections by health officer; publishing reports.

The health officer, or his representative, may enter the premises
of any swimming pool at any time for the purpose of inspection.
Reports of inspections may be published, or posted, at the discretion
of the health officer. (Id.)

Sec. 5. Supervision of trained operator required.

Each swimming pool shall be operated under the close supervision
of a well-trained operator. (Id.)

Sec. 6. Presence of swimming instructor or attendant
required.

A swimming instructor, bathing master, or qualified attendant
shall be on duty at the pool side at all times when a pool is open
to use by bathers. Such attendant shall be in full charge of bathers
and have authority to enforce all rules of safety and sanitation.
(Id.)

Sec. 7. Solo bathing prohibited.

Solo bathing shall be prohibited, and no one shall be permitted
in the swimming pool room unless an attendant is present. (Id.)

Sec. 8. Entrance of persons when pool empty.

Whenever a swimming pool is empty, entrance of all persons
except pool attendant must be prevented. (Id.)

Sec. 9. Lining of floors and walls.

Swimming pools shall be lined with such material that the walls
and floors shall be impervious to water, smooth and easily cleaned.
The lining shall be white, or a light color, preferably tile or glazed
brick. The light color shall not be obtained by painting. (Id.)

Sec. 10. Slope of floor; minimum depth; marking depth.

The slope of any swimming pool floor shall not be more than
one foot in fifteen feet. Minimum depth at the deep end shall be
six feet. The depth shall be marked at frequent intervals. (Id.)

Sec. 11. Scum gutters.

Scum gutters shall be provided on all sides of the pool and
should be recessed into the wall; any projection should not extend
out more than two inches. The gutters shall be of such depth that
the swimmer's hands will not touch the bottom. There shall be
a drainage outlet at least every ten feet. (Id.)

Sec. 12. Steps and ladders.

Steps and ladders shall be provided at both sides of the deep

end of the swimming pool, and at the shallow end if its depth is
more than two feet from the runway. (Id.)

Sec. 13. Runways.

Runways at least four feet wide shall extend entirely around
the swimming pool, and shall be of non-slippery material, but
easily cleaned. They shall drain away from or towards the pool.
The edge of the pool at the junction of the runways shall be
rounded. (Id.)

Sec. 14. Location of inlet and outlet.

Location of inlet and outlet pipes shall be such as to provide the
maximum efficiency of complete circulation and displacement
which is practicable. (Id.)

Sec. 15. Size of pool.

The size of the pool shall be proportioned to the expected
bathing load, according to the recommendations of the American
Public Health Association. (Id.)

Sec. 16. Toilet facilities.

At least one sanitary, water-flushed toilet shall be provided for
each forty women and at least one toilet and one urinal for each
sixty men. (Id.)

Sec. 17. Showers.

Adequate showers, the locations of which shall be approved by
the health officer, with hot and cold water, shall be provided.
There shall be at least one for each forty bathers at time of maximum
load. (Id.)

Sec. 18. Artificial lighting facilities.

Adequate artificial lighting shall be provided in all parts of the
swimming pool, and dressing rooms. These lights shall be used at
any time that natural light is not sufficient to see clearly in all parts
of the rooms. (Id.)

Sec. 19. Ventilation.

Adequate ventilation shall be provided in such a way that drafts
will not blow on the bathers. (Id.)

Sec. 20. Required temperature for pool room, dressing
room, etc.

The pool room, dressing rooms, showers and the toilets shall be
heated to at least seventy to seventy-five degrees Fahrenheit.
(Id.)

Sec. 21. Dressing room floors.

Dressing room floors shall be of smooth, impervious material,
with no cracks, and shall be properly drained. (Id.)

Sec. 22. Construction and height of diving boards and
platforms.

Diving boards and platforms shall be rigidly constructed and
anchored and their height shall conform to the following schedule:

           

Elevation	Minimum Depth of Water
1 foot	5 feet
3 feet	6 feet
5 feet	7 feet
7 feet	8 feet
10 feet	9 feet

(Id.)

Sec. 23. Water—Approval of source and method of
purification.

Water used in a swimming pool shall be from a source approved
by the health officer. The method of purification of the water before
entering the pool or water used for recirculation shall be approved
by the health officer. (Id.)

Sec. 24. Same—Chlorinating.

All water on entering the pool shall be chlorinated. The available

chlorine in the water in the pool shall at all times be between
0.1 p.p.m. and 0.5 p.p.m. (Id.)

Sec. 25. Same—Clearness.

The water shall at all times be sufficiently clear to permit a black
disk six inches in diameter on a white field, when placed on the
bottom of the pool at the deepest point, to be clearly visible from
the side walls of the pool at all distances up to ten yards. (Id.)

Sec. 26. Same—Required temperature.

The water shall not be artificially heated to above seventy-two
degrees Fahrenheit. The air shall not be more than eight degrees
Fahrenheit warmer or two degrees Fahrenheit colder than the
water in the pool. (Id.)

Sec. 27. Same—Purity.

As shown by bacterial counts of the water taken at any time,
the purity of the water shall be equal to accepted standards for
drinking water. (Id.)

Sec. 28. Same—Frequency of changing.

The total number of bathers using a swimming pool during any
period of time shall not exceed twenty persons for each one thousand
gallons of clean water added to the pool during that period.
The term "clean water" as used above may be interpreted to mean
new clean water used to refill the pool, new clean water used to
replace loss by splashing or during cleansing, water taken from
the pool and returned after effective filtration, or any combination
of such waters. (Id.)

Sec. 29. Same—Frequency of disinfection.

At any pool where the addition of disinfectant is not continuous
during the bathing period, the total number of persons permitted
to use the pool between any two consecutive disinfections shall not
exceed seven persons for each one thousand gallons of water in
the pool and each disinfection shall be sufficient to insure that the

bacterial quality of the water shall conform to the limits stated in
section 27 of this chapter. (Id.)

Sec. 30. Same—Tests for excess chlorine.

At any pool where chlorine or hypochlorite of lime or other
chlorine compound is used for disinfection, the operator must be
supplied with a proper outfit for making the orthotolidine test for
excess chlorine and with permanent standards showing maximum
and minimum permissible chlorine in the water. Tests for excess
chlorine in the water must be made by the operator every day that
the pool is in use. (Id.)

Sec. 31. Same—Tests for acidity and alkalinity.

At any pool where alum and sulphate of alumina is used or
where artificial alkalinity is added to the water, the pool operator
must be supplied with a proper outfit for testing for acidity and
alkalinity, and must make such tests on the water every day that
the pool is in use. (Id.)

Sec. 32. Bathers to take cleansing baths.

All persons using a swimming pool must be required to take a
cleansing shower bath in the nude, using warm water and soap, and
thoroughly rinsing off all soap suds before entering the pool room
or enclosure. A bath after donning suit shall not be permitted.

A bather leaving the pool room or enclosure for any reason shall
take a foot bath before returning. A bather leaving pool to use
toilet shall be required to take a second bath before returning.
(Id.)

Sec. 33. Suits and towels.

All suits and towels must be washed with soap and boiling
water, rinsed and dried each time they are used. Unless public
suits and towels are sent to a public laundry, the management of
all swimming pools shall be required to install modern laundry
facilities for laundering suits and towels. (Id.)

Sec. 34. Spitting, blowing nose, etc., in pool.

Spitting, spouting of water, blowing the nose, etc., in the pool
shall be strictly prohibited. Bathers shall be instructed that the
scum gutter is provided for expectoration. (Id.)

Sec. 35. Excluding persons with communicable diseases.

Any person having a skin disease, sore or inflamed eyes, cold,
nasal or ear discharges, or any communicable disease must be excluded
from a public swimming pool. (Id.)

Sec. 36. Instructing and warning bathers.

All bathers shall be instructed to use the toilet and particularly
to empty the bladder before taking cleansing bath and entering
pool.

Persons having any considerable area of exposed sub-epidermal
tissue, open blisters, cuts, etc., must be warned that these are likely
to become infected and advised not to use the pool.

All bathers shall be instructed that blowing the nose to remove
water is likely to force infectious matter into the sinus and inner
ear cavities and possibly cause serious consequences.

Divers must be advised to wear rubber caps over the ears with
greased cotton to prevent infection of the ear drum and passages
by water forced in by concussion. (Id.)

Sec. 37. Rough play, etc., prohibited.

No boisterous, or rough play, except supervised water sports
shall be permitted in the pool, on the runways, diving boards,
floats, platforms, or in the dressing rooms, shower rooms, etc.
(Id.)

Sec. 38. Operating record required; matters to be recorded.

Every swimming pool operator must be supplied with a proper
notebook or with blank forms on which shall be recorded every
day, the number of persons using the pool, the volume of new
water added, the temperature of the water and the temperature of

the air. Whenever a pool is used by both males and females, the
number of each whether adults or children shall also be recorded.
At all pools where artificial circulation, filtration, or any chemical
treatment is used a full daily record must also be kept of the
actual time pumps and filters are in operation, of the time each
filter is washed or cleaned, of the time and amount of each chemical
used or added, of the time the bottom and sides of pool are
cleaned and the results of all acidity, alkalinity and excess chlorine
tests. (Id.)

Sec. 39. Placards to be posted.

Suitable placards embodying the provisions of this chapter as
to personal regulations and instructions to bathers and those relating
to suits and towels must be conspicuously posted in the pool
room or enclosure and in the dressing rooms and offices at all
swimming pools. (Id.)

Sec. 40. Penalty.

Any person who violates any of the provisions of this chapter
shall be guilty of a misdemeanor, and each day that conditions or
actions, in violation of this chapter shall continue, shall be deemed
to be a separate offense, and for each offense, upon conviction, he
shall be punishable by a fine of not less than twenty-five dollars
nor more than five hundred dollars. (Id.)

CHAPTER 31.

Water.[36]

                                   

§ 1.	Application for service; deposits; making connections and installing meters; temporary connections.
§ 2.	Rates.
§ 3.	Charge when meter fails to register.
§ 4.	When bills payable.
§ 5.	Cutting off service for nonpayment of bills.
§ 6.	Charge for connecting after water cut off for nonpayment.
§ 7.	Consumers outside city; connecting charge; contract.
§ 8.	Unauthorized persons turning on and off water, etc.
§ 9.	Steam boilers taking water directly from service pipe.
§ 10.	Classification of premises; separate connections for each consumer.
§ 11.	Obstruction of meters.
§ 12.	Taps on raw water line.
§ 13.	Wrongful connections.
§ 14.	Fraudulent use.
§ 15.	Defacing or injuring waterworks; obstructing fixtures; wasting water, etc.
§ 16.	Access to premises supplied with water.
§ 17.	Pipe lines laid by property owners.
§ 18.	Penalty.

Sec. 1. Application for service; deposits; making connections
and installing meters; temporary
connections.

Whenever any person, owning or leasing 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 director
of finance on forms prescribed by him and approved by the
city manager, which shall set forth the name of the applicant, the
location and description of the property into which the water is
to be introduced and the purpose for which the water is to be used.
For domestic consumers such application shall be accompanied by
a deposit of three dollars, if the water is furnished within the city
limits and five dollars if the water is furnished outside the city
limits. For commercial consumers the deposit shall be based upon
the estimated consumption but shall not exceed twenty-five dollars.
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 and install a water meter thereon unless the connection
has been previously made. There shall be a charge of ten
dollars payable in advance for all temporary connections. (Code
1932, § 336; Ords. Oct. 16, 1933, Sept. 4, 1934, Apr. 5, 1937, Feb.
21, 1944.)

Sec. 2. Rates.

Water rates shall be as follows:

                                   

Domestic Rates.	per 1000 cu. ft.
Minimum charge per month or fractional part thereof	$1.00
First 1,000 cu. ft.	2.62½
Next 1,000 cu. ft. to 2,000 cu. ft.	2.25
Next 1,000 cu. ft. to 3,000 cu. ft.	1.50
Next 1,000 cu. ft. to 4,000 cu. ft.	1.12½
Next 6,000 cu. ft. to 10,000 cu. ft.	.90
Next 20,000 cu. ft. to 30,000 cu. ft.	.82½
All over 30,000 cu. ft.	.60
Factory Rates.	per 1000 cu. ft.
Minimum charge per month or fractional part thereof	$1.00
First 1,000 cu. ft.	2.62½
Next 1,000 cu. ft. to 2,000 cu. ft.	2.25
Next 1,000 cu. ft. to 3,000 cu. ft.	1.50
Next 1,000 cu. ft. to 4,000 cu. ft.	1.12½
Next 6,000 cu. ft. to 10,000 cu. ft.	.90
Next 20,000 cu. ft. to 30,000 cu. ft.	.82½
All over 30,000 cu. ft.	.60

Consumers outside city.

The rates for consumers outside of the corporate limits shall be
one hundred per cent in addition to the above-named rates.

Special contracts.

This section shall not apply to special contracts for the consumption
of water which have been authorized by the council. (Code
1932, § 344; Ords. Oct. 16, 1933, Jan. 3, 1939, Sept. 2, 1941, Feb.
21, 1944.)

Sec. 3. Charge when meter fails to register.

If any water meter shall fail to register, the charge shall be the
average reading for the three preceding months. (Id.)

Sec. 4. When bills payable.

All water accounts shall be due and payable monthly on or before
the fifteenth day after a statement is rendered. (Id.)

Sec. 5. Cutting off service for nonpayment of bills.

The director of finance shall have the right to disconnect and
cease furnishing water to any consumer who is delinquent in the
payment of his or her account after the fifteenth day subsequent
to the rendering of a statement. (Id.)

Sec. 6. Charge for connecting after water cut off for
nonpayment.

For turning water on again after it has been cut off for nonpayment
of bill, there shall be a charge of one dollar payable in
advance. (Code 1932, § 336; Ords. Oct. 16, 1933, Sept. 4, 1934,
April 5, 1937, Feb. 21, 1944.)

Sec. 7. Consumers outside city; connecting charge; contract.

No city water shall be furnished to any person outside of the
city limits other than those now being supplied, unless the same
shall be authorized by the council.

Each new consumer outside the corporate limits shall pay a connection
charge of one hundred dollars in advance and shall execute
such water contract as may be required by the city manager.
(Code 1932, §§ 344, 348; Ords. Oct. 16, 1933, Jan. 3, 1939, Sept.
2, 1941, Feb. 21, 1944.)

Sec. 8. Unauthorized persons turning on and off water,
etc.

No person shall turn off or cause to be turned off or on the city
water at the curb stopcock box, or meter box; or remove or replace
a water meter or make any connection connecting the city water
with the house service after a meter has been removed; or make
any connection around a meter or otherwise change any portion of
the city's water system; 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 violating any provision of this section shall be
deemed guilty of a misdemeanor and shall, upon conviction, be
fined not less than twenty-five dollars nor more than one hundred
dollars. (Code 1932, § 341.)

Sec. 9. Steam boilers taking water directly from service
pipe.

Steam boilers, taking a supply of water directly from the service

pipe, depending upon the hydraulic or hydrostatic pressure in
the pipe system in the waterworks for supplying such boilers under
pressure, are required to have tanks erected that will contain an
ample supply of water for supplying such boilers for at least ten
hours, in case the water is cut off for necessary repairs or extensions,
and the city shall not be responsible for any accidents or
damages resulting from such necessary discontinuance of water
supply. (Id., § 343.)

Sec. 10. Classification of premises; separate connections
for each consumer.

For the purpose of supplying city water, each premises shall
be placed in one or more of the following classes:

First. A building under one roof and occupied as one residence,
business or manufacture.

Second. A combination of buildings in one common inclosure
and occupied by one family, business or manufacture.

Third. Every division of a double or tenement house having a
partition wall and using separate hall or entrance.

Fourth. A building of one or more apartments using in common
one hall or entrance.

Fifth. A building of one or more apartments or offices or both,
using in common one hall or entrance.

Sixth. 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. (Id., § 345.)

Sec. 11. 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 one dollar nor more than five dollars for
each offense. (Id., § 347.)

Sec. 12. Taps on raw water line.

No taps shall be made on the raw water line for consumers.
(Id., § 348.)

Sec. 13. Wrongful connections.

Any person who shall introduce, from the city waterworks,
water upon any premises except as provided in this chapter shall
be fined not less than twenty-five dollars nor more than one hundred
dollars. (Id., § 338.)

Sec. 14. Fraudulent use.

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
five dollars 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.
(Id., § 339.)

Sec. 15. Defacing or injuring waterworks; obstructing
fixtures; wasting water, etc.

No person shall deface or injure any fixtures connected with or
pertaining to the waterworks, or place any building material, rubbish
or other matter upon the stopcock of any street main or service
pipe, obstruct access to any fixture connected with the waterworks,
or open any pipe, fire hydrant, or cock, so as to waste
water, nor shall any person use city water for a purpose for which
he has neither paid nor obtained a license. Any person who shall
violate this section shall pay a fine of not less than twenty-five dollars
nor more than one hundred dollars for each offense. (Id.,
§ 342; Ord. July 3, 1933.)

Sec. 16. Access to premises supplied with water.

Every person occupying any lot or tenement into which water
is conveyed under this chapter shall permit any authorized agent
of the city to enter such lot or tenement, at reasonable hours, to
inspect the works therein or to see if the provisions of the law
have been violated. Any person refusing to do so shall, for each
refusal, pay a fine of five dollars. (Code 1932, § 340.)

Sec. 17. Pipe lines laid by property owners.

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 the lines to the city or to the owners
of any property connected therewith. (Id., § 346.)

Sec. 18. Penalty.

Any person 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 five dollars nor more than twenty-five
dollars for each offense unless otherwise expressly provided. Id.,
§ 349.)

CHAPTER 32.

Weights and Measures.[37]

                         

§ 1.	City sealer—Appointment; compensation.
§ 2.	Same—Powers and duties generally.
§ 3.	Same—Records and reports.
§ 4.	Procuring and keeping set of weights and measures, etc.
§ 5.	Sealing and marking weights and measures.
§ 6.	Condemnation and destruction of incorrect weights and measures; condemnation for repairs.
§ 7.	Seizure for use as evidence of false or unsealed weights, measures, etc.
§ 8.	Hindering or obstructing city sealer.
§ 9.	Offenses in regard to weights and measures.
§ 10.	Sale or delivery of solid fuel—Registration of dealers.
§ 11.	Same—Delivery tickets.
§ 12.	Same—Weights taken and attested by city sealer.
§ 13.	Same—Penalty for violation of sections ten to twelve.

Sec. 1. City sealer—Appointment; compensation.

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. (Code 1932, § 118.)

Sec. 2. Same—Powers and duties generally.

When not otherwise provided by law, the city sealer shall have
the power and it shall be his duty within the city to inspect, test,
try and ascertain if they are correct, all weights, measures and
weighing or measuring devices kept, offered or exposed for sale,
sold, 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 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, sold or in the process of delivery, in
order to determine whether the same contain the amounts represented,
and whether they be kept, offered or exposed for sale or
sold in a manner in accordance with law; he shall at least twice
each year and as much oftener as he may deem necessary see that
all weights, measures and weighing or measuring devices used in
the city are correct. He may for the purpose above mentioned,
and in the general performance of his official duties, enter and go
into or upon, and without formal warrant, any stand, place, building
or premises, or stop any vendor, peddler, junk dealer, coal
wagon, ice wagon, delivery wagon or any person whomsoever, and
require him, if necessary, to proceed to some place which the sealer
may specify, for the purpose of making the proper tests. Whenever
the city sealer finds a violation of the ordinances or statutes
relating to weights and measures, he shall cause the violator to be
prosecuted.

The city sealer shall have such other powers and perform such
other duties as provided by law.

The city sealer shall perform such other duties as may be required
of him by the council or the city manager. (Id., § 120.)

Sec. 3. Same—Records and reports.

The city sealer shall keep a complete record of all of his official
acts, and shall make an annual report to the council, and an annual
report duly sworn to, on the first day of October, to the state commissioner
of agriculture and immigration, on blanks furnished by
the latter, and also, any special reports that the latter may request.
(Id., § 123.)

Sec. 4. Procuring and keeping set of weights and measures,
etc.

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 of such materials and construction as the state commissioner
of agriculture and immigration 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. (Id.,
§ 119.)

Sec. 5. Sealing and marking weights and measures.

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 commissioner
of agriculture and immigration. (Id., § 121.)

Sec. 6. Condemnation and destruction of incorrect
weights and measures; condemnation for repairs.

The city sealer shall condemn and seize and may destroy incorrect
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 commissioner of agriculture and
immigration. 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, but shall
hold the same at the disposal of the sealer. Any weights, 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. (Id., § 122.)

Sec. 7. 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. (Id., § 124.)

Sec. 8. Hindering or obstructing city sealer.

Any person who shall hinder or obstruct in any way the city
sealer in the performance of his official duties shall be guilty of a
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. (Id., § 125.)

Sec. 9. Offenses in regard to weights and measures.

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 in the computation of any charge for services
rendered on the basis of weight or measure, or in the determination
of weight or measure when a charge is made for such determination
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 commissioner or by a sealer or deputy sealer of weights and
measures within one year, or shall dispose of any condemned

weight, measure or weighing or measuring device contrary to law,
or remove any tag placed thereon by the state commissioner 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 purpose of 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 nor more than two hundred dollars,
or by imprisonment for not more than three months, or by
both such fine and imprisonment. (Id., § 126.)

Sec. 10. Sale or delivery of solid fuel—Registration of
dealers.

Every person who shall sell or deliver or attempt to sell or deliver
solid fuel, consisting of coal, coke, or any manufactured or
patented fuel not sold by liquid or metered measure, to consumers
in the city, or who shall solicit, receive or take orders for the sale
or delivery of such solid fuel to consumers in the city, hereinafter
termed coal dealer, shall, before doing so, register his name with
the city sealer of weights and measures. (Ord. April 3, 1939.)

Sec. 11. Same—Delivery tickets.

Every delivery of solid fuel as aforesaid shall be accompanied
by a delivery ticket which shall show (1) the coal yard, storage
yard, mine tipple or other point of origin from which delivery is
being made; (2) a brief description of the kind and grade of solid
fuel being delivered attested by the signature of the owner of said
point of origin or his agent; (3) the name and address of the person

claiming to be the owner of the load of solid fuel being delivered;
(4) the name and address of the purchaser; and (5) the
gross, tare and net weight of the load being delivered, taken the
same day on which delivery is being made, on scales which have
been duly tested, approved and sealed by the sealer of weights and
measures of the city and the date and time the same were taken,
and the license number of the vehicle so weighed attested by a
weight master appointed by the sealer of weights and measures
of the city. (Id.)

Sec. 12. Same—Weights taken and attested by city
sealer.

The weights required to be stated on the delivery ticket may also
be taken and attested by the sealer of weights and measures of the
city or his deputy, and on application by any coal dealer he shall
weigh and determine the gross, tare and net weights and attest the
same as required in the fifth subdivision of section 11 of this chapter,
for which service the coal dealer whose load is so weighed by
the city sealer of weights and measures or his deputy, shall pay to
the city five cents per ton of solid fuel so weighed. (Id.)

Sec. 13. Same—Penalty for violation of sections ten to
twelve.

Any person violating any of the provisions of sections 10 to 12
of this chapter, shall, upon conviction, be punished by a fine of not
less than ten dollars nor more than two hundred dollars. (Id.)

CHAPTER 33.

Zoning.[38]

                                           

§ 1.	Definitions.
§ 2.	Districts.
§ 3.	A residence district uses.
§ 4.	A-1 residence district uses.
§ 5.	B business district uses.
§ 6.	B-1 business district uses.
§ 7.	B-2 business districts.
§ 8.	C industrial districts.
§ 9.	Heights of buildings.
§ 10.	Setback building lines.
§ 11.	Rear yards.
§ 12.	Side yards.
§ 13.	Courts.
§ 14.	Exceptions and regulations in various districts.
§ 15.	Accessory buildings.
§ 16.	Interpretation and purposes.
§ 17.	General regulations.
§ 18.	Existing non-conforming uses.
§ 19.	Enforcement.
§ 20.	Violations and penalties.
§ 21.	Board of zoning appeals; cost of appeals.
§ 22.	Amendment.

Sec. 1. Definitions.

For the purposes of this chapter the following definitions are
established:

(1) Accessory building. 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) Height of a building. 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 feet
above the level of the curb or established grade opposite the middle
of the front of the building.

(3) Court. A court is an open unoccupied space, other than
a yard, on the same lot with a building.

(4) Enclosed court. 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 ten feet or more in
width.

(5) Court opening on to a side yard. 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) Outer court. An outer court is an open unoccupied space
enclosed on three sides by walls, or by two walls and a lot line, and
open to a street, an alley, ten feet or more in width, or to a front
or rear yard.

(7) Width of court. 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 space required under these regulations. A lot
may or may not be the land so recorded on records of the clerk's
office of the corporation court of the city.

(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 the
street line to the rear line, and the rear line shall be deemed 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) Corner lot. A corner lot is any lot which occupies the
interior angle at the intersection of two street lines, which makes
an angle of more than forty-five degrees and less than one hundred
thirty-five 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) Street. A street is any existing street, square, lane, alley
or way set aside as a right-of-way for street purposes. (Code
1932, § 495(2); Ord. March 29, 1939.)

Sec. 2. Districts.

For the purposes of this chapter the city 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 March 29, 1939, signed by the mayor, city manager
and clerk of the council, which is hereby declared to be a part of
this chapter as well as such amendments thereto as may hereafter
be made as provided for by law. These district boundary lines are
intended generally to follow street or property lines as they exist
at the time of the passage of this chapter unless such district
boundary lines are referenced to some street line by dimensions
shown on the building zone map. (Code 1932, § 495(1); Ord.
March 29, 1939.)

Sec. 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 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, that
any such use is not primarily for gain.

(8) Municipal recreational buildings, playgrounds, 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 feeble-minded patients;
all provided, that the buildings be located not less than fifty 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 two hundred feet of any lot line.

(11) Farms, truck gardens, greenhouses; provided, that no

greenhouse heating plant shall be operated within two hundred
feet of any lot line.

(12) Small professional or other 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 such sign
is displayed behind the prevailing front building line of that block,
and provided the sign is used for advertising only the premises
upon which it is erected.

(13) Accessory uses and structures customarily incident to any
use permitted by this chapter, such as servant's quarters, stables
or workshops; provided, that none shall be conducted for gain and
that no accessory building shall be inhabited by other than those
who are employees of the owner, lessee or tenant of the premises.

(14) 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.

(15) Private garages as defined in paragraph fourteen 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. (Code 1932, § 495(3); Ords. Feb. 21,
1938, March 29, 1939.)

Sec. 4. A-1 residence district uses.

Within any A-1 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
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) Apartment hotels; provided, that they shall comply with
the height and setback requirements as set forth in sections 9
and 10.

(6) Lodges and fraternal, social, recreational and community
center organizations; provided, that any such establishment shall
not be 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 section, providing no business is conducted other than the
leasing of space; garages as aforesaid will be permitted in the basement
of such buildings or in the rear and adjacent thereto, or detached
therefrom. (Code 1932, § 495(4); Ord. March 29, 1939.)

Sec. 5. B business district uses.

Within any B 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 section for any
industrial or manufacturing, trade or commercial 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, barbershops,
pressing shops, confectioneries, studios, restaurants, theatres,
hand laundries, newsstands, 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 obstructions 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, and compliance is made with all regulations
affecting filling stations.

(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; provided, that
this paragraph shall not apply to electric signs permitted under
article II, chapter 27 of this code. (Id., § 495(5); Ord. March
29, 1939.)

Sec. 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 section for any industrial
or manufacturing, trade or commercial 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 and 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 ten horsepower in electric

motive power for each five thousand square feet of lot area occupied
by the building is used.

(6) Public garages conducting repair shops using not more than
a total of ten horsepower in electric motive power for each five
thousand square feet of lot area occupied by the building, provided,
that no such garage shall have an entrance or exit nearer
than fifty feet to the center line of an intersecting 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, that any such structure shall not
be nearer the street line than the height of such billboard. (Code
1932, § 495(6); Ord. March 29, 1939.)

Sec. 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 this section for any industrial
or manufacturing, trade or commercial 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 sorting
and packing of goods, automobile repair shops, veterinary 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. (Code 1932, § 495(7); Ord. March 29,
1939.)

Sec. 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) Slaughterhouse, 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 sandpaper manufacture.

(6) Manufacture of lime, gypsum, plaster of Paris, lithopone,
linseed oil, linoleum, oiled cloth or oil clothing, or the impregnation
of inflammable fabrics by oxidizing oils.

(7) Turpentine, varnish or shellac manufacturing or refining.

(8) Gas storage in quantity exceeding five hundred thousand
cubic feet within one hundred feet of any party lot line; or in
quantity exceeding two hundred cubic feet if the pressure is
greater than one hundred pounds per square inch, within fifty feet
of any party line.

(9) Oil or gasoline storage in quantity exceeding ten thousand
gallons above the ground within fifty feet of any party lot line, or
in quantity exceeding one hundred thousand 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 pyrozyline 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) The "dead" storage of articles or products without shelter
and housing adequate to prevent same from being exposed to the
weather which have ceased to be useful or suitable for the purpose
for which they were created or produced.

(16) 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. (Code
1932, § 495(8); Ords. Oct. 4, 1937, March 29, 1939.)

Sec. 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 semipublic
building such as a church or other place of worship, school,
library, hospital, apartment, hotel or club may be erected to not
more than sixty feet in height; provided, that the portion of such
building more than forty 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 section shall not apply to church
spires, belfries, cupolas, domes, monuments, water towers, chimneys,
flues, flag poles or radio poles, nor to parapet walls extending
not more than four feet above the limiting height of the 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 forty feet nor more than sixty-six feet in width.

Provided, however, that the provisions of this section 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 twenty-five per cent of the ground floor
area. And provided further, the provisions of this section shall
not prevent the erection of towers occupying not more than
twenty-five per cent of the ground floor area of the building upon
which such tower is erected and distant not less than twenty-five
feet in all parts from any lot line not a street line. (Code 1932,
§ 495(9); Ord. March 29, 1939.)

Sec. 10. Setback 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 buildings on the
same side of the street and fronting thereon, within the same
block; provided, that apartment hotels shall not be erected within
fifty feet of any street or property line.

(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) Where there are buildings on only one side of a street,
within the block, the setback line for the unoccupied side shall be
the same as that established on the occupied side as hereinbefore
provided.

(5) Where there is no building on either side of the street,
within a block, the setback line shall not be less than thirty feet in

an A residence district, nor less than twenty feet in an A-1 residence
district.

(6) 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.

(7) Paragraphs four and five of this section shall not apply to
lots having a depth of less than one hundred feet, which have been
platted prior to the passage of this chapter, but the setback line
for such lots shall be not less than fifteen feet.

(8) 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.

(9) 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 setback requirement shall be the
same as hereinbefore provided for in A-1 residence districts.

(10) A minimum setback line of ten feet is established on both
sides of Preston Avenue from Main Street to Tenth Street, West,
and on both sides of Fourth Street, West, from Main Street to
Preston Avenue. (Code 1932, § 495(10); Ords. March 29, 1939,
March 17, 1941.)

Sec. 11. Rear yards.

(1) In any A residence district a rear yard not less than fifteen
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 sidelines; provided, that if the depth
of the lot is greater than seventy-five feet the required depth of the
rear yard shall be increased by an amount equal to one-third of
the excess depth over seventy-five feet; provided further, that no
rear yard shall be required to be more than forty-five feet deep.

(2) In any A-1 residence district or B business district a rear
yard not less than ten 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;
and provided, that if the depth of the lot is greater than seventy-five
feet the required depth of the rear yard shall be increased by
an amount equal to one-fourth of the excess depth over seventy-five
feet; provided further, that no rear yard shall be required to
be more than thirty-five feet deep.

(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 rear yard requirement shall be
the same as hereinbefore provided for in A-1 residence districts.
(Code 1932, § 495(11); Ord. March 29, 1939, April 7, 1941.)

Sec. 12. Side yards.

(1) In any A 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 ten feet.

(2) In any 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 feet.

In A-1 residence districts, when semidetached 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 per cent of the lot width; provided, that no such side yard
shall be less than three feet in width and shall not be required to
be more than ten 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 section
and in section 14 of this chapter. (Code 1932, § 495(12);
Ord. March 29, 1939.)

Sec. 13. Courts.

(1) When a window in any A or A-1 residence district in any
room except a storage room, bathroom or clothes closet does not
open on a street, alley, side or rear yard as required in this chapter,
it shall open on a court conforming with the provisions hereinafter
contained in this section. 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 fifty per cent 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 section 14 of this
chapter. (Code 1932, § 495(13); Ord. March 29, 1939.)

Sec. 14. Exceptions and regulations in various districts.

(1) Except as specified in this section, yards and courts required
by this chapter 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 nearer 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 feet wide may project not more than three feet into any front
yard or rear yard. An open porch or porte-cochère 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 setback and yard requirements of this chapter shall
not apply to any necessary retaining wall, or to any fence or wall
which is less than five feet high and less than sixty per cent 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 feet, provided it does not extend nearer
than ten 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 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 chapter 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 inches wide for each foot of building height over
fifteen feet, but in no case shall the minimum width be less than
three feet for side yards and five 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 feet wide
to such a street. (Code 1932, § 495(14); Ord. March 29, 1939.)

Sec. 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
thirty per cent of the rear yard area in A residence districts and
forty per cent in A-1 districts. In B, B-1, B-2 business and C
industrial districts, where a ground level rear yard is required, the
aggregate ground area coverage shall not exceed fifty per cent of
the rear yard area.

(2) No accessory building in any A or A-1 residence district
or B business district which is within five feet of any party lot line
shall be more than one story high. No accessory building shall exceed
thirty-five feet in height. No accessory building which is not
of fire-proof construction shall be nearer than five 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 section,
any accessory building on a corner lot in A or A-1 districts shall
be distant as far as possible from all street lines, except that this
shall not require the distance from any street line to exceed thirty
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 per cent of the depth of the
corner lot. (Code 1932, § 495(15); Ords. April 4, 1938, March
29, 1939.)

Sec. 16. Interpretation and purposes.

In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the
promotion of health, safety, morals, comfort, prosperity and general
welfare of the public. It is not intended by this chapter 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
chapter 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 is imposed or required by such
existing provisions of law or ordinance or by such rules, regulations
or permits, the provisions of this chapter shall control.
(Code 1932, § 495(16); Ord. March 29, 1939.)

Sec. 17. General regulations.

Except as hereinafter provided for existing non-conforming
uses in section 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 chapter; except that nothing in this
chapter shall affect the height, setback building line, yards or

courts of any building or lot as such exists at the time of the
passage of this chapter. (Code 1932, § 495(17); Ord. March 29,
1939.)

Sec. 18. Existing non-conforming uses.

(1) If, at the time of the enactment of this chapter, any lot,
building or structure is being used in a character or manner or for
a purpose which does not conform to the provisions of this chapter,
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 right to possession of any such lot,
building or structure shall be construed to prevent the continued
nonconforming use of such lot, building or structure as hereinbefore
provided. Any such nonconforming use which is not otherwise
unlawful may be hereafter extended throughout any part of
a building or structure which was manifestly arranged or designed
for such use at the time of enactment of this chapter.

(2) No building, structure or premises in which a nonconforming
use is abandoned for a period exceeding two years or is
superseded by a permitted use, subsequent to the enactment of this
chapter, shall again be devoted to prohibited use.

(3) Any nonconforming building or structure which is hereafter
damaged to an extent exceeding fifty per cent 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 chapter governing the district
in which the building or structure is located.

(4) Nothing in this chapter 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 the 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 chapter. (Code 1932, §
495(18); Ord. March 29, 1939.)

Sec. 19. Enforcement.

(1) This chapter 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 chapter. 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 chapter. One copy of such plans shall be
returned to the owner when such plans shall have been 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
chapter.

(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 chapter 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 chapter, 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
zoning appeals.

(4) It is the intention of this section that all questions arising
in connection with the enforcement of the chapter shall be presented
first to the building inspector; that such questions shall be
presented to the board of zoning appeals only on appeal from the
building inspector; and that from the decision of the board of
zoning appeals recourse shall be had to the courts, as provided by
law. It is further the intention of this section that the duties of
the council in connection with this chapter 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 chapter shall be only the duty of considering and passing upon
any proposed amendment or repeal of this chapter as provided by
law. (Code 1932, § 495(19); Ord. March 29, 1939.)

Sec. 20. Violations and penalties.

Any person who violates any of the provisions of this chapter,
shall, upon conviction, be fined not less than ten dollars nor more
than two hundred 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 chapter. (Code 1932, § 495(20); Ord. March 29, 1939.)

Sec. 21. Board of zoning appeals; cost of appeals.

A board of zoning appeals is hereby established. It shall consist
of five members to be appointed, and exercise such powers as
provided by the laws of the state.

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 ten dollars as costs
with the director of finance, 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 the board, said deposit shall be paid into the city treasury,

but should the decision of the inspector be reversed, in whole
or in part, said deposit shall be returned to the appellant.

Each member of the board of zoning appeals shall be allowed a
fee of two dollars 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 director of
finance. (Code 1932, § 495(22); Ord. March 29, 1939.)

Sec. 22. 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) All petitions provided for in subsection (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 the council.
Upon said council's approval of a favorable report by the committee,
notice of the proposed change shall be published in the
newspaper at least fifteen days prior to the hearing date, which

notice shall state 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, it shall at the same
time refer a copy of the petition to the board of zoning appeals for
report as to the proposed change. (Code 1932, § 495(23); Ord.
March 29, 1939.)