 | Charter, ordinances and by-laws of the town of Charlottesville, Va. |  |
Ordinances and By-Laws.
Whereas, it is expedient that the Ordinances and By-Laws
of the Corporation should be reduced to system and
order, for the convenience of its citizens and the guidance of
its officers: therefore,
Be it ordained by the council of the corporation of Charlottesville
in the manner following—to-wit:
CHAPTER I.
Rules of Order for the Government of the Council.
Rule 1. The regular meetings of the council shall be held
at the council-chamber at such times as may be fixed by general
order, or special orders or adjournment.
2. The mayor, presiding officer of the council, or any
three members may call special meetings, by reasonable notice
to each member within the town.
3. The mayor and three aldermen, or, in the absence of
the mayor, four aldermen, shall constitute a quorum, but the
mayor shall have no vote in the council, except in the case of
a tie, when he shall give the casting vote.
4. The mayor, or presiding officer, shall take the chair at
the hour appointed for the council to meet, and having called
the members to order, shall preside over the meeting, preserve
decorum and enforce a strict observance of these rules.
5. The mayor, or other presiding officer, shall appoint all
committees, unless otherwise ordered by the council, and shall
decide all questions of order. But upon any question of order
any member may appeal from the decision of the chair.
6. Every member present, when a question is put, shall
vote unless excused by the council.
7. The order of business at its regular meetings shall be
as follows:
First—Reading the minutes of last meeting.
Second—Unfinished business.
Third—New business.
But if the council shall have directed any matter to be
the special business of the meeting, the mayor or presiding
officer shall call up the same immediately after the reading
of the minutes, and it shall have priority over all other business.
8. Every motion or proposition shall be reduced to writing,
if the mayor or any member require it, and the name of the
member offering it shall be entered on the journal. No motion
shall be entertained by the presiding officer until it shall have
have been seconded, nor shall any proposition, after being
ing seconded, be withdrawn without the consent of the council.
9. On any vote, the mayor or any member may call for a
division.
10. Any member may call for a division of the question
when the same will admit thereof.
11. No person who is not a member of the council shall
orally address it, until leave to do so shall have been granted
by the council on the motion of a member.
12. At the first regular meeting after each election for
mayor and aldermen, the mayor shall appoint the following
standing committees:
A committee on Finance and Claims, consisting of two
members, to whom shall be referred all claims against the
town and all matters relating to the finances and property of
the town. It shall be their duty to report to the council annually
at the first meeting of the new council an estimate of the
debts and necessary expenditures of the town for the current
fiscal year, with a scale of taxes and levies for meeting the
same. They shall also examine the treasurer's accounts of receipts
and disbursements, and the accounts of the collector
and sergeant, and report thereon to the council at the same
meeting at which such accounts are rendered.
A committee on Streets, consisting of two members, to
whom shall be referred all matters relating to the streets, alleys,
walks, gutters, culverts and sewers.
A committee on Lights, Police and Safety, consisting of
two members, to whom shall be referred all matters relating to
the lighting of the town and the police department. It shall
also be their duty to examine and report on the condition of
the town as to exposure to danger from fire or other causes.
13. Reports of committees shall be in writing signed by
the members, and shall specify in the form of a resolution or
ordinance such action in the premises as the committee may
recommend for adoption by the council.
14. At the request of any member present, the ayes and
noes on any question shall be recorded. And every appointment
to office by the council shall be by ballot. And the
votes of a majority of the members present shall be requisite
to a choice.
15. Charges against a town officer must be made in writing
and verified by affidavit, and having been read shall be
waive such reference.
16. A question once decided by the council shall not be
reconsidered, unless there be a number of votes in favor of
its reconsideration equal to a majority of the members present
when the question was decided. No motion for the reconsideration
of an ordinance which has taken effect prior to such
motion shall be considered.
17. Every ordinance shall be in force from the day of its
passage, unless otherwise specially provided.
18. No rule of the council shall be suspended without the
concurrence of two-thirds of the members present.
CHAPTER II.
Terms of Office—Amounts of Bonds and Compensation of Public
Officers.
1. All officers elected by the council shall be chosen at the
first regular meeting held by said council after its election and
qualification. Their terms of office shall commence on the
day of their qualification and continue till the election and
qualification of their successors.
2. If from any cause the election of any such officer be
not held on the regular day of such election, it shall be held
thereafter as soon as possible and shall have precedence over
all other business.
3. The amounts of bonds of public officers shall be from
time to time fixed by the councils, and until changed shall be
as follows: The penalty of the bond of treasurer, $8,000; of
the collector, $5,000; of the sergeant, $1,000.
4. The salaries or the compensation of public officers shall
be from time to time fixed by the councils, and until changed
shall be as follows: For the mayor, $350 per year; for the
clerk and treasurer, $400; sergeant, or chief of police, $530;
assistant police, $40 per month; collector, five per cent. on collections,
except gas bills, on which two per cent. will be allowed;
commissioner of streets, $300; health officer, $60; overseer
of the poor, $100; physician to the poor, $75; superintendent
of the cemeteries, $100; superintendent of the gas works,
$900 per year.
CHAPTER III.
Police—Duty of the Sergeant, or Chief of Police.
1. The mayor of the town for the time being shall be the
head of the police and subject to such provisions as the council
may prescribe; shall have full control over them and may
suspend for cause any member thereof.
2. The regular police force shall consist of the sergeant,
who shall be styled the "Chief of Police," and three regular
assistants, to be appointed by the mayor with the consent of
the council. The mayor may, when from peculiar circumstances
he shall believe it necessary, appoint special policemen
to the extent the public necessity may require: provided
he shall report such appointments to the council at its next
meeting.
3. The sergeant or chief of police shall have control of
the council chamber and keep its keys. He shall attend every
meeting, have the doors open and have the council chamber
heated and lighted in due season for all meetings of the council.
It shall be his duty at all times to act under the directions
of the mayor and in conformity to the ordinances. It is
also made his duty to suppress all riots, disturbances and
breaches of the peace, to apprehend any drunken and disorderly
person in the act of committing any offence against the
laws of the state or the ordinances of this corporation,
and forthwith to bring such person or persons before the
mayor for examination. He shall serve all processes directed
to him by the mayor, shall collect all fines, and shall be allowed
such fees for making arrests where parties are convicted
as are allowed to constables by the laws of the State.
4. Every policeman shall report to the mayor every nuisance
or obstruction he may find in or on any street, alley,
sidewalk, gutter or drain; in any house or any land within
the corporate limits, and he shall execute the orders of the
mayor in regard thereto. He shall report to the mayor every
violation of any ordinance and give such other notice and information
as may be useful in the enforcement of any of the
ordinances.
5. Such of the police force as may be assigned to that
duty shall light the street lamps and extinguish them at such
times as may be designated by the committee on lights.
6. Every policeman shall endeavor to preserve the peace
of the town, to secure the property of the inhabitants from
loss and injury, and to prevent the commission of offences.
When any offence is committed in the town, he shall earnestly
endeavor to detect and arrest the offender, and he shall strive
to enforce every ordinance prescribing any fine or punishment.
7. The mayor shall prescribe the badges and numbers
which shall be worn by the police.
8. The chief of police and his assistants are always subject
to dismissal by the council for mal-feasance or nonfeasance
in office.
9. If any person or persons shall abuse resist or obstruct
any police officer in the performance of his duties, the person
sum not less than $5, nor more than $25 with costs of suit.
10. it shall be the duty of the chief of police to keep an
accurate account of all fines placed in his hands for collection,
and once every three months he shall render before the committee
on Finance a statement of all the fines collected by him
and on what account the same were collected.
Rules and Regulations for the Government of the Police Force.
1. No policeman shall, at any time, be seen on the streets
of the town under the influence of strong drink.
2. No member of the police force shall, at any time while
on duty, visit or be seen in any bar-room, billiard saloon, tenpin
alley, house of ill fame, or other public places, unless he
shall be ordered there by his superior officer, or unless he
visits said places for the purpose of suppressing or quieting
some disturbance or disorder therein.
3. No member of said police force shall, while on duty,
stop on his beat or on the streets to enter into conversation or
discussion; but shall, at all times and under all circumstances,
be courteous and polite to all persons seeking information
from him.
4. It is expected and required that all and each member
of the police force shall aid and assist each other in the discharge
of their respective duties, and shall promptly respond
to any call for assistance and help from each other.
5. The police force shall, at all times, respond to the call
of any person on his beat, or in the immediate vicinity thereof,
for his assistance.
6. The police force shall see that all the ordinances of the
town, and the laws of the state are observed and obeyed by
all persons. They suppress and stop, either by arrest or otherwise,
all noises, disturbances, riots, routs, loud singing, and
other improper or obscene conduct on the streets, and shall
make report, together with the names of the party or parties
offending, every morning to the chief of the force, and in case
of necessity may call upon any citizen or citizens to aid him.
Should he not be able to stop said disturbance by arrest or
otherwise, he shall then use every effort to obtain the names
of the offending parties, and report the same to the chief of
police; and also shall report the name or names of any person
or persons refusing or failing to render assistance or aid called
for.
7. The night police of said town shall commence duty at
sunset of each day, and be relieved from duty at sunrise on
the following day; but in case of urgency and necessity they
may be called on to perform any duty during other hours pro
rata, (per day or month,) for said extra duty.
8. Whether by day or night, the policemen of said town
shall report the violation of all ordinances of the town which
may come under their observation, but a report of these violations
shall not be considered as allowing them the extra pay,
unless the parties violating the same shall be arrested by the
policeman making the report or charge; then he shall be allowed
the usual fee for arrest, provided he executes the process.
9. If a policeman shall see or hear any noises, disturbances,
or other violations of the peace or quiet of the town, he
shall at once and without delay, repair to the place of disturband
stop the same by arrest or otherwise; should there be
more than one disturbance at the same time he shall commence
with the one nearest him, and so on to the most remote.
10. The prevention of crime being the most important object
in view, the policeman's exertions must be constantly used
to accomplish that end; he must examine and make himself
perfectly acquainted with every part of the town, and vigilantly
watch every description of persons passing his way.
11. He must, to the utmost of his power, prevent the commission
of assaults, breaches of the peace, and all other crimes
about to be committed.
12. He must acquire such knowledge of the inhabitants
within his beat as to enable him at once to recognize them.
13. He shall frequently, during his tour in the night time,
examine all doors and lower windows of dwellings and stores,
to see that they are properly secure; also, area and area gates
of the several houses on his beat.
14. He must, if possible, fix in his mind such impressions
as will enable him to recognize persons whom he frequently
meets in the street at night, and endeavor to ascertain their
names and residence, and communicate all important information
with regard to them to the chief or sergeant.
15. He must strictly watch the conduct of all persons of
known bad character, and in such a manner that it will be evident
to such persons that they are watched, and that certain
detection will follow the attempt to commit crime.
16. He shall take particular notice of all hacks and other
vehicles at night, which, under any circumstances, excite suspicion.
17. He shall not leave the beat assigned him except it be
to answer a call from an adjoining beat, to convey a prisoner
to the station-house, or by permission of the chief of police.
18. He shall give his name and number to all persons who
may enquire.
19. He must not use his baton except in the most urgent
cases of self-defence.
20. He shall not (in the night time) enter any house except
in the execution of his duty.
21. Every policeman shall make a note of and report at
the station-house—1st. All doors or entrances he may find
open in the night time; 2d. All nuisances on his route that
should be promptly removed; 3d, All violations of city ordinances,
the names of offenders, witnesses, &c.; 4th, All public
lamps found out of order, &c.
22. Policemen, when on a tour of service, must not, except
when on duty together, walk or talk with each other, or
any person whom they may 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, unless in the discharge of their duties,
enter any house, sit down for a longer period than ten minutes,
stop at the corners of the streets, or in any manner linger
along their routes, but are expected constantly to patrol their
beats.
23. All policemen on night duty shall call up, with the least
possible delay, all members of the fire department residing
near their several beats who may have left their names and
residences at the station-house with the request to be called
when there is an alarm of fire.
24. It shall be the duty of the police on their respective
beats to report to the chief, whose duty it shall be from time
to time to report to the sergeant or mayor, all disorders and
disorderly conduct or violation of the revenue laws of the
State and of the town at any of the licensed hotels or other
licensed houses in said town.
25. Any violation of, or refusal to, comply with any or
either of these rules shall subject the policeman to immediate
suspension or expulsion by the mayor, either on sight or report,
or by any alderman who may have personal knowledge of said
failure or refusal.
CHAPTER IV.
The Clerk of the Corporation.
1. The clerk of the corporation, who shall be styled the
recorder, shall attend every meeting of the council and keep
an accurate record of its proceedings. He shall keep an ordinance
book, in which he shall promptly record all the general
ordinances adopted by the council. He shall, from time to
time, index the minutes of the proceedings and the ordinances
as soon as adopted, and they shall be open to public inspection.
He shall file and preserve all official bonds and other papers
and books which may come into his hands as recorder, and at
successor. Whenever any petition, communication or other
paper is referred to any committee of the council, it shall be
the duty of the recorder, immediately on adjournment, to deliver
a copy of such paper, with the names of the committee,
to the chairman of the committee.
2. Whenever the office of recorder and treasurer are not
held by the same person, the recorder shall on the first day of
each month furnish to the treasurer a detailed statement of all
allowances made and warrants issued on account of the expenses
of the town during the preceding month.
3. The recorder shall do and perform all other such duties
as properly appertain to his office.
CHAPTER V.
Town Assessor.
1. The duties of the assessor shall be the same as are, or
as may hereafter be by law prescribed for assessors for the
State, except so far as they are herein or may hereafter be
modified.
2. It shall be his duty to commence the assessment of
persons and of property annually on the first day of February,
and said assessment shall be completed by the first day of the
following July.
3. The assessor shall ascertain the value of any improvements
made and note the same in his assessments together
with the changes that may have occurred in the ownership of
any real estate, basing his assessments of all real estate on
the valuation of such property by the State assessor.
4. It shall be his duty to assess all taxes on licenses imposed
by the council and report the same forthwith to the
collector for collection. He shall also furnish the treasurer on
the first of July and on the first day of January in each year,
a full list of all taxes on licenses assessed by him within the
preceding six months.
5. The assessor shall annually make out a land book and
personal property book in the same manner the State assessors
are required to do. He shall make off two copies of said
books and deliver the same to the council at the first meeting
in the month of August.
6. The treasurer shall, at the expense of the town, furnish
the assessors with the form of the books which he is required
to make out.
CHAPTER VI.
Town Collector.
1. Before entering upon the duties of his office, the town
collector shall execute an official bond with satisfactory security
in such penalty as the council may prescribe.
2. It shall be the duty of the town collector to collect the
town taxes and all revenues and levies; with the exception of
fines, which shall be collected by the sergeant.
3. The collector shall forthwith, on receiving the books of
the assessor, give public notice of his readiness to receive all
taxes and levies due, and on the 30th day of November he
shall add on five per cent. to each tax-bill which has not been
paid before that time.
4. It shall be the duty of the collector to pay over to the
treasurer of the town on the fifth day of every month all collections
made by him during the preceding month and on the
15th day of July of each year he shall render to the committee
of Finance and Claims a fair statement showing the amount
of taxes, revenues and levies which come into his hands, the
amount collected, the amount paid over to the treasurer, and
the amount of the delinquents.
5. It shall be the duty of the town collector, one year after
the tax tickets go into his hands for collection, to proceed to
collect by distress all taxes that have not been paid to him before
that time.
CHAPTER VII.
The Treasurer.
1. Before entering on the duties of his office, the treasurer
shall execute an official bond with satisfactory sureties
in such penalty as the council may prescribe.
2. It shall be the duty of the treasurer to keep suitable
books in which all the receipts and disbursements shall be
regularly entered, in which the accounts of the collector and
others accountable to the town, and each fund shall be separately
stated. And all accounts of the town shall be kept correctly
and plainly, so that the state of such funds may at all
times be easily seen and understood. He shall receive all
taxes, rents and revenues of the town and other money or
payments which shall be tendered to him by the collector and
by any public officer of the town.
3. It shall be the duty of the treasurer to keep in his
book a separate statement showing the amount of revenue
arising from the sale of gas, coke and gas-tar, and also a separate
statement showing what disbursements are made on account
of gas-works.
4. Every three months he shall render to the committee
on Finance and Claims a fair statement showing his receipts
and disbursements for the preceding three months, the conditions
of the several funds of the town, all delinquencies and
all outstanding debts due to or from the town.
5. Every three months he shall render to the committee
on Lights a fair statement showing his receipts and disbursements
on account of the gas-works for the preceding three
months.
6. His books and accounts and all papers relating to accounts
and transactions of the town shall be at all times subject
to the inspection and control of the committee on Finance,
or such persons as the council may appoint to examine the
same; and upon the expiration of his term of office he shall
transfer the same, together with any balance of money on
hand, to his successor in office.
7. It shall be the duty of the treasurer to make out a
quarterly report of the receipts and expenditures of said town
for the preceding quarter, which report shall state on what
account the expenditures were made and from what source or
sources the receipts were derived, which report shall be published
in one or more newspapers of the town on or before the
15th day of October, January, April and July of each year.
8. All money belonging to the town paid over to the treasurer
shall be safely kept by him, and no money shall be by
him paid out except as the same shall have been appropriated
to be paid by the council; and the treasurer shall pay the
same upon the certificate of the mayor, or, in his absence, upon
the certificate of the president of the council.
CHAPTER VIII.
Taxes and Licenses.
1. The tax levy shall, from time to time, be laid by the
council and shall be published in the newspapers of the town.
2. The annual tax on licenses shall be prescribed from
year to year by the council, and shall be published in the
newspapers of the town.
3. It shall be the duty of the assessor to make asessments
and return the same to the council in the manner prescribed
in chapter defining duties of assessor.
4. The manner of obtaining licenses shall be on certificate
of the assessor.
5. Any matter for the doing of which a license is required
by the laws of the state shall not be done in this corporation,
unless under the authority of license obtained from the corporation,
for doing the same under a penalty of twice the amount
which may be demanded by the corporation for the issue of
such license.
6. Common Carriers.—No person shall keep or employ in
said town for hire or as carrier for the public any wagon, dray,
cart or other wheeled carriage without first obtaining a license
therefor and having it numbered as hereinafter provided for.
not exceeding twice the amount of license for each offence,
provided that livery stable keepers who shall have paid the
license tax prescribed in this chapter shall not be subject to
the provisions of this section.
7. The taxes on such licenses shall be prescribed by council
and said license shall be granted on certificate of the town
assessor.
CHAPTER IX.
Streets, &c.
1. The town shall provide for keeping its streets in good
order and provide for its own poor, and it hereby claims the
immunities provided in the 33 section of chapter 217 of the
act of the General Assembly of Virginia as amended by act
1871-2, to provide a new charter for the town of Charlottesville,
approved March 28th, 1871.
2. Whenever a new pavement or sidewalk shall be ordered
to be made by the council, the town shall cause the curb
to be put down, and the owner of the property along the boundary
of which said side-walk shall extend, shall be required to
pay the cost of constructing the same.
3. In the erection of buildings, walls, fences or other structures
within the town, the builder or contractor shall not have
the use of more than one-third of the street and sidewalk in
front of the lot on which the same is to be erected; but in no
case shall the sidewalk be obstructed except so far as may be
necessary for putting up scaffolding for the erection of the
building. And the use of said one-third of the street shall
not in any case be allowed longer than a reasonable time for
the erection of the building, and thereupon the builder or contractor
shall remove the said obstructions, and any damage
done to said sidewalk or street by said builders or contractors
shall be repaired by them. Should any such person
fail to comply with this requirement, he shall be fined not less
than $5 nor more than $10 for each day's obstruction of such
street or sidewalk, or failure to repair the same.
4. It shall not be lawful for any person to place or cause
to be placed any goods, wares, merchandise, wood, coal, plank,
boxes, barrels or other property more than 2½ feet from the
wall of his building, or in or upon or on the side of any street
or sidewalk of the town, and permit the same to remain
longer than is actually necessary for its removal. Nor shall it
be lawful for any person to permit any goods, wares, or merchandise,
wood, coal, plank, boxes, barrels or other property to
remain on the sidewalks of said town in front of his premises
between sunset and sunrise, and any person violating this ordinance
for each offense. Provided that any owner or occupant of
property may erect a mounting block not more than three feet
long and fifteen inches wide.
5. If any person shall place or hang any goods, wares,
merchandise, or swinging signs over any street or sidewalk,
less than 7½ feet above the same, he shall be fined not less
than $1 and not more than $5 for each offence.
6. No political flag pole shall be erected in any of the
streets of the town and no political procession shall be allowed
inside of the corporation of the town, nor shall it be lawful for
any military company to march or parade through the streets
of the town during the night time.
7. It shall not be lawful for any person to deposit the
sweepings of his store house, dwelling, shop or other building,
or any paper, ashes, slops, garbage, damaged fruit, water-melon
rinds, or other filth or obnoxious matter, or allow chips or
trash from wood-cutting to remain upon any street, alley or
sidewalk, or in any gutter or drain of the town. Any person
violating this ordinance shall be fined not less than $1 and not
more than $5 for each offence.
8. It shall not be lawful for any persons to congregate on
any sidewalk or crossing in such a manner as to hinder or obstruct
any person walking along the same, and it shall be the
duty of the police to keep the crossings clear and the sidewalks
open for the passage of persons using the same. Any
person violating this ordinance shall, on conviction, be fined
not exceeding $5. This ordinance, at the discretion of the
mayor, may be suspended on public occasions.
9. It shall not be lawful for any person to loaf or loiter
upon any pavement or sidewalk in the town to the annoyance
of the occupant of any property along the same. Any person
found so loafing or loitering shall, upon the complaint of such
occupant, be arrested by the police and upon conviction before
the mayor shall be fined not more than $5 for each offence.
10. If the owner or driver, or the person having charge of
any wagon, cart, dray, carriage or other vehicle shall suffer
the horse or horses, or other animal attached thereto, to run
away with the same in this town through any negligence or
want of proper care; or shall suffer such animal or animals to
stand on any street or alley in this town without being properly
fastened by the bridle or reins, or without having some person
to watch the same and prevent their starting, every person
so offending shall pay a fine of not less than $1 nor more
than $5 for each offence.
11. No person shall gallop any horse, mare, gelding, mule
or ass, or ride or drive such animal at an improper or dangerous
shall pay a fine of not less than $1 nor more than $5 for each
offence.
12. No person shall lead, ride, or drive any horse, mare,
gelding mule or ox, or drive any cart, dray, wagon, carriage or
wheelbarrow on any pavement in this town, unless it be in entering
or leaving his premises, under a penalty of not less
than $1 and not more than $5 for each offence.
13. If any person shall exhibit any stallion or jack, otherwise
than in harness or under saddle, within the corporate
limits, he shall be fined not less than $5 and not more than
$10 for each offence.
14. It shall not be lawful for any person to obstruct any
street or sidewalk within the town, or to endanger any citizen
by throwing stones, using sling-shots, playing ball or by any
other occupation. Any person violating this ordinance shall
be fined not less than fifty cents for each offence.
15. No person using or occupying any cellar, the door of
which is in any street or sidewalk in this town, shall allow
such door to remain open unless the same is properly guarded
by a railing or grating covering the whole opening in such
street or sidewalk, and every violation of this ordinance shall
be punished by a fine of not less than $5 for each offence.
CHAPTER X.
Street Commissioner.
1. It shall be the duty of the street commissioner, under
the general direction of the committee on Streets, to superintend
the construction of all new streets and side-walks, and
to repair all old streets and side-walks. He shall keep the
streets and side-walks and alleys of the town clean and clear
of obstructions, and shall execute all orders of the mayor and
council touching the opening, building, repairing and clearing
of the streets, side-walks, crossings and alleys of the town.
2. It shall be the duty of the commissioner of the streets,
at least once in each month to inspect and examine the streets,
side-walks and alleys in the town and report the condition of
the same to the committee on Streets. It shall also be his
duty to cause all trash, filth, and offensive matter to be removed
from the streets, side-walks and alleys of the town.
3. The street commissioner, under the direction of the
mayor and council, shall contract for all labor and material
necessary for the making, repairing and cleaning of the streets,
side-walks and alleys of the town. He shall superintend the
laborers employed by the town for making, repairing and
cleaning the streets, side-walks and alleys of the town, and he
properly fed, groomed, and otherwise taken care of. It shall
also be his duty under the direction of the mayor and council
of the town to contract for all hay, corn and other provender
necessary for the work animals belonging to the corporation.
4. It shall be the duty of the street commissioner to provide
that the carts, shovels, spades, picks, &c., belonging to
the town, are properly cared for.
5. The street commissioner shall keep a book, in which
shall be stated the number of laborers employed by him for
the town, the length of time each one of said laborers is employed,
and the price paid each laborer. He shall state in this
book the material bought by him for the use of the town and
the price for the same. He shall also keep an account of the
corn, hay and other provender purchased by him for the work
animals belonging to the town, and the costs of the same.
6. It shall be the duty of the street commissioner, under
the direction of the mayor and council, to sell, so far as he
can, all manure that he may cause to have removed from the
town, and he shall keep in his book an account of all manure,
&c. that he may sell, and also an account of all work or labor
that may be performed by the street laborers or the town work
animals for any other person or persons than the corporation.
7. It shall be the duty of the street commissioner, on or
before the 10th day of each quarter, to furnish the treasurer
with a statement up to the first day of the month, of the
amount paid by the town to the laborers under his charge, and
to whom; the amount paid for material purchased, and to
whom; and the amount paid for corn, hay and other provender
purchased, and to whom paid.
8. The commissioner of streets shall, on the first day of
each month, make out accounts for manure, &c., sold by him,
and accounts against persons for whom work has been done
by the town, and deliver the same to the collector for collection,
taking his receipt for the same.
9. It shall be the duty of the street commissioner to produce
his books at least twice a year before the committee on
Streets for examination.
CHAPTER XI.
Health Officer.
1. The commissioner of streets shall, for the time being,
be the health officer of the town.
2. It shall be the duty of the health officer of the town
to visit and examine the streets, side walks and alleys of the
town at least once every two weeks, and he shall cause all filth,
offensive matter, and other substance endangering the health
corporation. He shall have the right to enter upon the premises
of citizens of the town to inspect the condition of the
same, and he shall cause all filth, offensive matter and other
substance, endangering the health of the citizens of the town
to be removed from the limits of the corporation.
3. It shall be the duty of the health officer to diligently
enquire if there be any nuisance either in the streets, sidewalks
or alleys of the town, or on the premises of individuals
in the town, endangering the health of the citizens of the
town, and he shall promptly notify the chief of police of the
existence of any such nuisance.
CHAPTER XII.
The Superintendent of the Gas-Works.
1. It shall be the duty of the superintendent of the gasworks,
under the general direction of the mayor and council,
to have charge of the gas-works of the town and superintend
the manufacture of gas. He shall also, at least once in every
quarter, make a test of the lighting quality of the gas manufactured
by the gas-works, and report the same to the council.
And he shall also, at least once in every quarter, examine the
condition of the metres and burners used by the town, and see
that the same are kept in good condition.
3. It shall be the duty of the superintendent of the gasworks,
under the direction of the committee on Lights, to contract
for the purchase of coal, lime, and other material necessary
for the maintenance of the gas-works and the manufacture
of gas.
4. The superintendent of the gas works shall keep a book
in which he shall enter, under appropriate heading, the amount
and costs of coal, lime, and other material bought for maintaining
the gas-works and manufacturing gas; and also the
amount of gas manufactured and the amount sold, and to whom,
and also the amount of coke, gas-tar or other material sold
from the gas works, and to whom.
5. It shall be the duty of the superintendent of the gasworks,
on the last day of each month, to examine the state of
the metres used by the gas consumers and furnish the treasurer
with a statement of the amount of gas used by each
consumer during the preceding month, and he shall also, on
the 1st day of each month, furnish the treasurer with a statement
of all purchases made by him for the gas-works.
6. It shall be the duty of the superintendent of the gasworks,
on the first day of each month, to report to the treasurer
the amount of coke, gas-tar, or other material that may
be sold from the gas-works
7. The superintendent of the gas-works shall execute all
orders and ordinances of the town touching the gas-works.
And on being notified by the collector of the town that any
gas consumer has refused to pay his bill for gas consumed by
him, he shall immediately cut off the gas from the premises of
the consumer; and on the complaint of any gas consumer that
his metre is out of order, or that there is any escape of gas, it
shall be the duty of the superintendent of the gas-works to
make a prompt investigation of the complaint and remove the
grounds of complaint, if any exists.
CHAPTER XIII.
The Poor, &c.
1. It shall be the duty of the overseer of the poor, on the
application by or on behalf of any person or family, unable to
support himself or themselves, if he or they have a legal settlement
in the town, to provide for or assist such person or
family. But no person shall be deemed to have a legal settlement
in the town until he shall have 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.
2. If, upon such application, the overseer refuse either
provision or assistance, the applicant shall have right of appeal
to the council.
3. It shall be the duty of the overseer to see that no person
is allowed to come into the town and obtain a settlement
therein who is likely to become chargeable thereto, and on the
complaint of the overseer before the mayor, that any such
person is within the corporate limits, the mayor may, by his
warrant, cause such person to be removed to the district or
county where he was last settled, unless he be so sick or disabled
that he cannot be removed without danger to life; in
which case he shall be provided for by the town, and after his
recovery he shall be removed as aforesaid. The overseer shall
keep an accurate account of the expenses incurred in providing
for such pauper, and he shall furnish the collector a statement
thereof, that he may collect the same, in the manner prescribed
by law, from the county, town or district wherein such
person was last legally settled.
4. All persons to be provided for or assisted by the overseer
shall, as far as practicable, be kept at the place of general
reception, and he shall purchase the necessary supplies, preserve
good order, and generally do and perform all things necessary
for the comfort of the paupers therein.
5. It shall be the duty of the overseer to exert himself to
prevent any person from staying in the streets to beg or from going
arrested and conveyed to the place of general reception
or removed to the place of his last legal settlement.
6. The overseer shall each quarter in each year, make report
to the council, setting forth the number provided for
during the preceding quarter, how many were white and how
many were colored, the name of each, and for what length of
time and where each was provided or assisted. The report
shall also show the amount of expense incurred by him for the
poor at the place of general reception, and the amount incurred
for those supported or assisted elsewhere.
7. Vagrants—All vagrants, or persons without visible
means of support, found within the limits of the town, shall at
once be arrested by the police and upon conviction of said
offence, shall be punished as provided by law.
CHAPTER XIV.
Superintendent of Cemeteries.
1. The sergeant, until otherwise ordered by the council,
shall be the superintendent of cemeteries.
2. It shall be the duty of the superintendent of the cemetery
to have general supervision over the cemeteries of the
town, to keep them properly enclosed and cleansed; and to
attend to the sale of lots and keep a record of the sales made
by him and of the owners of lots, so far as they can be ascertained;
and to decide on the place of burial of persons who
are not buried in private lots or sections. He shall report all
sales of lots to the council and turn over to the collector for
collection all claims for lots sold. He shall employ a gravedigger
and pay him such fees as shall be prescribed by the
council.
3. It shall not be lawful for any person to trespass on the
cemeteries of the town; to deface or injure any monument,
trees or shrubbery therein, to destroy or remove any flowers
or decorations inside the same, or to hunt or shoot inside or
around the enclosures thereof. Any person who shall violate
any provision of this ordinance, on conviction thereof before
the mayor, or any alderman or justice of the peace, shall be
fined for each offence not less than $1.00 nor over $20.00.
CHAPTER XV.
Miscellaneous Ordinances.
1. It shall not be lawful for any locomotive to be propelled
at a greater rate of speed than ten miles per hour within the
corporate limits of the town, nor shall it be lawful to blow the
whistle of any locomotive in the limits of the town; and the
passing through said corporate limits. For any violation of
any provision of this section, the company so violating by its
agents or employees shall forfeit and pay to the town the sum
of $30.00 for each offence.
2. It shall not be lawful for any person to discharge any gun
or other firearms within the limits of the corporation. Any
person violating this ordinance shall be fined not less than one
nor more than five dollars for each offence: provided that the
occupant of any lot may discharge such firearm into the
ground on his lot for the purpose of unloading and cleaning
the same, and may shoot at rats and other noxious animals on
his premises: and provided further, that this ordinance shall
not apply to military or other companies acting under the permission
of the mayor nor to any licensed shooting gallery.
3. Any person who shall be guilty of riot, rout or unlawful
assembly, or assault and battery or any offence that would
amount to a breach of the peace, and any person who shall in
any public place contend with angry words or use indecent
and profane language, shall be fined for each offence not less
than $1 nor more than $10 for each offence.
4. If any person shall bet at any game of cards, or at any
other game prohibited by the gaming laws of the state which
may be played in any out house, yard, lot or alley, or other
public place within the town, on being convicted thereof he
shall be fined not less than $3 and not more than $20 for each
offence.
5. Any person who shall willfully disturb any assembly of
persons met for the worship of God, whether he be in or outside
of said assembly, shall be fined for every such offense not
less than $5 nor more than $25.
6. If a person shall be found guilty of wilfully obstructing
the officers or agents of the town in the discharge of their duties,
he shall be fined not less than $5 and not more than $25
for each offence.
7. No hog shall be kept in a pen or lot inside of the corporation
of the town from the 1st of April to the 1st of November
of each year, and no hog shall be suffered to run at large
within the corporate limits. It shall be the duty of the chief
of police to take up every hog so remaining contrary to law
within the corporate limits, or so found running at large and
sell the same after giving five days' notice of the time and
place of sale. The proceeds of such sale, after deducting a
fee of twenty-five cents to the police officer for each hog and
the costs of keeping the same shall be paid over to the treasurer
of the town, to be repaid to the owner if demanded within
six months. Provided that the owner of such hog may redeem
And the fees of the police shall not exceed two dollars
for any lot of hogs belonging to the same owner taken up at
any one time.
8. If at any time the mayor has cause to apprehend the
existence of hydrophobia among the dogs in the town, 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 town, that all dogs be confined to the lots of their
owners for such time as he may prescribe, and also to order
that all dogs found going at large without muzzles, contrary
to such requirements, be killed in such manner as he may
direct. The owner of such dog so found going at large shall
forfeit five dollars for each offence.
9. Every dog, which being liable to taxation and shall
not have been listed for taxation, shall be taken up by the police,
and after notice to the owners and keeper, unless redeemed
as hereinafter provided, shall be killed and removed
and interred beyond the limits of the corporation: Provided,
that any such dog may be redeemed by the owner or keeper
paying to the officer having custody thereof, any time before
sunset of the day on which such notice is given, $2.00 for each
dog redeemed, which payment shall be for the use of the town.
10. For the seizing of such untaxed dog, the police shall
be entitled to receive from the town the sum of twenty-five
cents, and the further fee of twenty-five cents for killing such
dog as hereinbefore provided.
Sec. 11. Any person having in his possession any proud
slut or bitch and suffering the same to run at large within the
corporate limits in that condition, or allowing it to remain on
his premises to the annoyance of the neighborhood, shall be
fined not exceeding one dollar for every hour the said animal
shall run at large or so annoy the neighborhood.
12. If any person shall allow his cow or ox to run at large,
between the hours of sunset and sunrise, in the streets or
alleys of the town, such person so offending shall be fined not
less than one nor more than five dollars for every such offence.
13. If any person shall place, or cause to be placed, in or
on any street, alley, sidewalk or lot within the corporate limits
the carcass of any animal, or any other thing, or matter offensive
to any citizen, or to the public, or shall suffer any such
nuisance to remain on any such lot owned or held by him, he
shall be fined not less than $1.00 for every twenty-four hours
such nuisance or offensive matter may remain.
14. All householders and occupiers of lots are hereby required
to keep their privies thoroughly cleaned and in good
order. Every person failing to do so after twenty four hours'
he shall fail to comply with this regulation.
15. All privies that open for the escape of filth on any
street or public alley of the town, and also all privies that
stand within six feet of the margin of any street, alley, channel,
drain or sewer (having their opening for the escape of
filth towards such street or alley) are hereby declared to be
nuisances, and the owners or occupants of the premises on
which such privies are situated shall be fined not less than
$1.00 for each day they shall so remain after notice from the
police to remove the same.
16. It shall not be lawful for any person to keep in any
shop, store, warehouse or other building within this town,
without special permission or authority of the council, a greater
quantity of gun or rock-powder, or explosive, at any one time,
than twenty-five pounds; and every person offending against
this section shall pay a fine of not less than $5.00 nor more
than $25.00 for each offense.
17. Any person who shall keep a slaughter-house, or kill
or slaughter any animal in this town or within one-fourth mile
from the corporate limits, without permission from the council,
shall be fined $5.00 for each day that said slaughter-house may
be kept after due notification by the town authorities.
18. It shall not be lawful for any person, without permission
from the council, to erect or build, or place any wooden or
frame building within the limits of the corporation, and any
person offending against this section shall pay a fine of $5.00
for each day such building is suffered to stand: provided, that
privies are excepted from this prohibition.
19. If any person shall tear down or deface any bill or
advertisement, so long as the same may be of any benefit to
the party posting it, he shall, upon conviction, be fined not
less than $1.00 nor more than $5.00 for each offence: provided,
that nothing herein shall prevent any one from tearing down
advertisements posted on his own premises.
20. If any person shall be found guilty of injuring any
shade tree upon any of the streets, alleys or public grounds of
the town, he shall be fined not less than $5.00 nor more than
$10 for each tree so injured.
21. If any person shall in any way break or injure any
curbing, he shall be fined twenty-five cents for every foot so
broken or injured.
22. If any person shall be found breaking or defacing any
of the lamps, lamp-posts, or any other property of the town of
any description, he shall be fined for each offence not exceeding
$20.00.
23. It shall not be lawful for any interment to be made
within the corporate limits outside of the public cemeteries.
24. All owners or occupants of property within the limits
of the corporation shall be required to remove, or cause to be
removed, the snow from their side-walks within four hours
after the snow has ceased to fall: provided, however, that if
the snow fall during the night, or on Sunday, it shall be removed
within four hours after sunrise of the following day.
A fine of not less than $1.00 nor more than $5.00 shall be imposed
for each and every time the snow is suffered to remain
beyond the time prescribed by this ordinance, and the street
commissioner shall remove the same at the cost of the town.
25. If any person shall apprehend danger by fire from any
shop or other building on account of any defective chimney,
stovepipe, or from any other cause, or if any person shall apprehend
danger from the falling of any shop or other building,
on application to the mayor, in either case, it shall and may
be lawful for the mayor to issue his warrant to any three judicious
freeholders within the town, requiring them to view the
situation of such shop, house, chimney, stovepipe, or other
cause complained of, and make report thereon, and if on such
report it shall appear that such apprehensions are well founded,
the mayor shall issue his summons to the owner or occupier
of such shop, or house, or other cause of danger, to appear
before him to answer such complaint; and if upon a full
hearing the mayor shall adjudge the cause of complaint to
be dangerous, he shall give judgment requiring the party complained
of to remove the cause of danger by such means, to
be specified in said judgments, as the case may require; and
if such party shall refuse or neglect complying with such judgment
within a reasonable time, limited in the same, he shall
pay a fine of not less than $5.00 nor more than $50.00 for
every day's continuance of such neglect or refusal.
26. And the continuance of such cause of danger after
such proceedings had as aforesaid, is hereby declared a nuisance,
and shall be removed or abated by order of the mayor,
and the delinquent shall be liable for all the costs and expenses
attending such removal or abatement, not exceeding
$50.00, to be recovered by warrant before the mayor.
27. The officers and agents of the town whose duty it is
to purchase provisions, drugs, fuel and other supplies for the
use of the town in any of its departments, are hereby required
to distribute the patronage of the town among the tax-payers
thereof, so far as it can be done: provided, however, that all
the said supplies must be purchased at the lowest market price.
28. For the violation of any ordinance for the violation of
which no penalty is prescribed, the person offending shall be
punished at the discretion of the mayor.
CHAPTER XVI.
In the construction of these ordinances the following rules
shall be observed: 1. The word "town" shall be construed to
mean the town of Charlottesville; and the words "corporation"
or "council," shall be construed as if the words "of the
town of Charlottesville" followed it. 2. A word importing the
singular number only may extend and be applied to several
persons and things as well as one person and thing; and a
word importing the masculine gender only shall extend and be
applied to females as well as males; and generally the same
rules of construction shall be observed as are prescribed for
the construction of the acts of general assembly by section 9
of chapter 15 of the code of 1873.
CHAPTER XVII.
The foregoing ordinances shall take effect from the first
day of June, 1884, and all other ordinances heretofore passed
inconsistent with the foregoing ordinances are hereby repealed
from and after the first day of June, 1884: provided, that
where any right may have accrued to any person or persons
by virtue of any ordinance heretofore adopted, such right shall
not be affected in any manner by the repeal of said ordinance.
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