SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
083011272Be it enacted by the General Assembly of Virginia:
1. That § 1 of Article I, § 1 of Article II, § 1, as amended, of Article III, § 1, as amended, of Article IV, § 1 of Article V, § 1 of Article VI, § 1 of Article VII, § 1 of Article VIII, § 1, as amended, of Article IX, § 1 of Article X, and § 1 of Article XI of Chapter 177 of the Acts of Assembly of 1948 are amended and reenacted and that Chapter 177 of the Acts of Assembly of 1948 is amended by adding in Article III sections numbered 2 and 3 as follows:
§ 1. (1) The inhabitants of the territory
comprised within the present limits of the town of Bowling Green, as such
limits are now or may be hereafter altered and established by law, shall
constitute and continue a body, politic and corporate, to be known and
designated as the town of Bowling Green, and as such shall have and may
exercise all powers which are now or hereafter may be conferred upon or
delegated to towns under the Constitution and laws of the Commonwealth of
Virginia, as fully and completely as though such powers were specifically
enumerated herein, and no enumeration of particular powers by this charter
shall be held to be exclusive, and shall have, exercise and enjoy all the
rights. immunities, powers and privileges and be subject to all the duties and
obligations now appertaining to and incumbent on said town as a municipal
corporation, and shall have perpetual succession, may sue and be sued, implead
and be impleaded, contract and be contracted with, and may have a corporate
seal which it may alter, renew, or amend at its pleasure by proper ordinance.
§ 1. (1) The corporate limits of the town
of Bowling Green are hereby established as follows: beginning at the graveyard
on top of Mill Hill, owned by S. W. Broaddus, and running to the northeast
corner of the Baptist parsonage lot; thence westwardly along the line of said
lot and G. R. Collins' land to the county road; thence west across said road in
a straight line to an ice house owned by E. C. Moncure; thence southwest to E.
C. Moncure's barn; thence south in a straight line to a dam across E. J.
Anderson's ice pond; thence south in a straight line to E. J. Anderson's
spring; thence south along the line between E. J. Anderson's and C. W. Collins'
to Milford Road; thence east up said road to Anderson's avenue; thence across
said road and along the line between the lands of J. M. Hudgin and A. L. Jones
to the line of John W. Maury; thence east in a straight line to a cherry tree
in rear of A. A. Anderson's lot; thence east in a straight line to L. T.
Wright's barn; thence east to the brick yard in A. B. Chandler's field,
formerly owned by J. T. White; thence north in a straight line to the
beginning.
By virtue of an order entered on December 22, 1997, in the Circuit Court of Caroline County, certain territory was annexed to the Town of Bowling Green. Consequently, this section does not describe the corporate limits as they presently exist. This order, containing a description of the territory annexed, effective December 31, 1997, is recorded in Law Order Book 039 beginning on Page 056, in the office of the Clerk of the Circuit Court of Caroline County.
§ 1. Town Council.
(1) A. Mayor and councilmen as of March 15,
1956. The present mayor and councilmen of the town of Bowling Green shall
continue in office and exercise all the powers conferred by this charter and
the general laws of this State until the expiration of the term for which they
were elected, or until their successors are duly elected and qualified.
(2) B. In whom powers of town are vested. Except
as otherwise provided in this charter, all powers of the town and the
administration and government thereof shall be vested in the council and such
boards or officers as are hereafter mentioned, or may be by law otherwise
provided. The power and authority of the councilmen shall, in addition to
those mentioned and authorized by this act, be such as are mentioned and
prescribed by law. The council of the town shall have general power over all
officers and employees of the town as provided in this charter.
(3) On the first Tuesday in May, 1974, and every two
years thereafter, there shall be elected by the qualified voters of the town,
one elector of the town, who shall be denominated mayor, and seven other
electors, who shall be denominated councilmen, and the mayor and councilmen
shall constitute the town council. They shall enter upon the duties of their
offices on the first day of July next succeeding their election, and shall
continue in office until their successors are duly elected and qualified. Every
person so elected shall take an oath faithfully to execute and discharge the
duties of his office to the best of his judgment, and the mayor shall take the
oath prescribed by law for State officers. The failure of any person elected or
appointed under the provisions of this charter to qualify or to take the oath
required, within the time prescribed for entering upon the discharge of the
duties of the office to which he is elected or appointed, shall vacate the said
office, and the council shall proceed and is hereby vested with power to fill
such vacancy in the manner herein prescribed.
C. Terms of Office.
An election shall be held on the first Tuesday of May, 2008, and every two years thereafter. At the election to be held in May, 2008, the candidate for the office of mayor receiving the highest number of votes shall be elected for a term of four years; the four candidates for councilmen receiving the highest number of votes, respectively, at such election shall be elected for a term of four years, and the three candidates receiving the next highest number of votes, respectively, at such election shall be elected for a term of two years; in the event that the three councilmen receiving the next highest number of votes cannot be determined because of a tie in the vote, the candidates who have tied in the votes shall draw lots to determine who shall serve the two-year term. Thereafter as the terms of the mayor and the members of the council, respectively, expire, their successors shall be elected for terms of four years. The mayor and councilmen elected at such elections shall enter upon their duties the first day of July next succeeding. Any vacancies on the council occurring other than by expiration of terms shall be filled, from the electors of the town, for the unexpired term, by a majority vote of the remaining members of the council.
(4) D. Election officials; electorate.
There shall be appointed for the town a registrar and officers of election in the manner provided for by general law of Virginia, and all elections held in said town shall be conducted in accordance with said general law; the electorate shall be that prescribed by general law.
(5) E. Council as judge of qualifications and
returns of members; power to expel councilmen and to fill vacancies in council.
The council shall judge of the election, qualification, and returns of its members; and, with the concurrence of two-thirds, expel a member, for cause. If any person returned be adjudged disqualified, or be expelled, a new election to fill the vacancy shall be held on such day as the council may prescribe. Any vacancy occurring otherwise during the term for which such person was elected shall be filled by the council by the appointment of anyone eligible to such office. A vacancy in the office of mayor shall be filled by the council from the electors of the town, and any member of the council may be eligible to fill such vacancy.
(6) F. Quorum of council.
A majority of the members of the council shall constitute a quorum for the transaction of business.
(7) Each member of the council may receive a salary
to be fixed by the council, payable at such times, and in such manner as the
council may direct, but the salary paid to any one member during any year shall
not exceed the sum of one hundred dollars ($100.00) per annum. The mayor may receive
a salary to be fixed by the council, payable in such manner and at such times
as the council may direct, not to exceed the sum of five hundred dollars
($500.00) per annum.
G. Salaries of councilmen and mayor.
1. Each member of the council shall receive a salary in an amount established by council, payable as the council may direct, provided that no increase in salary of a council member shall take effect during the incumbent council member’s term in office, but this restriction shall not apply when the council members are elected for staggered terms.
2. The mayor shall receive a salary in an amount established by council, payable as the council may direct, but no increase in the mayor’s salary shall take effect during the incumbent mayor’s term in office.
(8) The mayor shall preside at the meetings of the
council and perform such other duties as are prescribed by this charter and by
general law, and such as may be imposed by the council consistent with his
office. The mayor shall have no right to vote in the council, except in case of
a tie he shall have the right to break the same by his vote; but he shall have
the right to veto. He shall take care and see that the bylaws, ordinances, acts
and resolutions of the council are faithfully executed and obeyed, and shall
have and exercise all power and authority conferred by general law on mayors of
towns not inconsistent with this charter. He shall be ex officio a conservator
of the peace within the town and within one mile of its corporate limits.
He shall see that peace and good order are preserved and that persons and
property within the town are protected. He shall authenticate by his signature
such documents and instruments as the council, this charter, or the laws of
this Commonwealth require. He shall from time to time recommend to the council
such measures as he may deem needful for the welfare of the town.
(9) Every ordinance, or resolution having the effect
of an ordinance, shall, before it becomes operative be presented to the mayor.
If he approves, he shall sign it, but if not, he may return it, with his
objections in writing, to the town clerk who shall enter the mayor's objections
at length on the minute book of the council. The council shall thereupon
proceed to reconsider such ordinance or resolution. If, after such
consideration, two-thirds of all the members elected to the council shall agree
to pass the ordinance or resolution, it shall become operative notwithstanding
the objection of the mayor. In all such cases the votes of members of the council
upon such reconsideration and the names of the members voting for and against
the ordinance or resolution shall be entered on the minute book of the council.
If any ordinance or resolution shall not be returned by the mayor within five
days (Sunday excepted) after it shall have been presented to him, it shall
become operative in like manner as if he had signed it, unless his term of
office or that of the council, shall expire within said five days.
H. Powers and duties of mayor generally.
1. The mayor shall preside at the meetings of the council and perform such other duties as may be prescribed by this charter and by general law, and such as may be imposed by the council, consistent with his office. He shall be recognized as the official head of the town for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for military purposes. In time of public danger or emergency, he may take command of the police, maintain order, and enforce the law. Such course of action shall be subject to review by the council.
2. The mayor shall have no right to vote in the council except that in every case of a tie vote of the council, the mayor shall be entitled to vote and his vote in case of a tie vote shall have the same weight and effect as the vote of a councilman.
3. The mayor shall have no power to suspend, remove, or discharge any officer, agent, or employee of the town nor shall he have any power or authority to appoint or employ any officer, agent, or employee of the town nor to fix the term of office or employment, or the compensation, or to increase or decrease the power and authority of any officer, agent, or employee of the town, but the mayor shall have such powers with respect to the chief of police, the policemen, and employees of the police force when and if the mayor is given the control and supervision of the chief of police, the policemen, and employees of the police force.
(10) I. Vice Mayor.
The council shall, as soon as practicable after qualification, and biennially thereafter following the regular municipal election, appoint one of its members as vice-mayor. The vice-mayor, during the absence or disability of the mayor, shall perform the duties and be vested with all the powers, authority, and jurisdiction, of the mayor; and in the event of a vacancy for any reason in the office of mayor, he shall act as mayor until a mayor is duly appointed by the town council or is elected. The member of the council who shall be chosen vice-mayor shall continue to have all of the rights, privileges, powers, duties and obligations of councilman even when performing the duties of mayor during the absence or disability of the mayor of the town.
(11) J. Regular and special meetings of
council.
The council shall, by ordinance, fix the time for their regular meetings, which shall be held at least once a month. Special meetings may be called by the clerk at the instance of the mayor or any two members of the council in writing; and no other business shall be transacted at a special meeting except that stated in the call, unless all members be present and consent to the transaction of such other business. The meetings of the council shall be open to the public except where in the judgment of the council the public welfare shall require executive meetings.
(12) K. Council Minute Book.
The council shall keep a minute book, in which the clerk shall note the proceedings of the council, and shall record proceeding at large on the minute book and keep the same properly indexed.
(13) L. Council rules of procedure; certain
matters may be adopted by vote of majority of all members elected to council.
The council may adopt rules for regulating its proceedings but no tax shall be levied, corporate debt contracted, or appropriation of money exceeding the sum of one hundred dollars be made, except by a recorded affirmative vote of a majority of all the members elected to the council.
(14) There shall be appointed by the council at its
first meeting in July after its election or as soon as practicable thereafter,
a treasurer, who shall hold office for a term of two years. The council may
provide a salary for the treasurer. He shall give such bond, with surety and in
such penalty as the council prescribes. He shall receive all money belonging to
the town, and keep correct accounts of all receipts from all sources and of all
expenditures of all departments. He shall be responsible for the collection of
all taxes, license fees, levies and charges due to the town, and shall disburse
the moneys of the town in the manner prescribed by the council as it may by
ordinance direct.
(15) The treasurer shall make such reports and at
such time as the council may prescribe. The books and accounts of the treasurer
shall be examined and audited at least once a year by a competent accountant
selected by the council, such examination and audit to be reported to the
council.
(16) The council may in its discretion designate the
place of deposit of all town funds, which shall be kept by the treasurer
separate and apart from his personal funds.
(17) There shall be appointed by the council, at its
first regular meeting in July after its election, a clerk of the council, who
shall hold office for a term of two years. He shall attend the meetings of the
council and keep its minutes and records and have charge of the corporate seal
and shall attest the same. He shall keep all papers required to be kept by the
council, shall publish such reports and ordinances as are required to be
published, and shall perform such other duties as the council may from time to
time require. His compensation shall be fixed by the council. Any vacancy to
this office shall be filled by the council.
(18) There shall be appointed by the council at its
first regular meeting in July after its election or as soon as
practicable thereafter, a town sergeant, who shall also be chief of police and
shall hold office for two years. His duties shall be such as the council
prescribes. He shall be vested with the powers of a conservator of the peace.
His compensation shall be fixed by the council.
(19) The council may appoint a municipal judge for
the said town who shall serve for two years from the date of his appointment
and until his successor is appointed by the council and qualifies.
Such municipal judge shall have the qualifications and such
power, authority and jurisdiction as provided by statute. All fees, costs and
fines collected by the municipal judge pursuant to ordinance of the town shall
be paid into the town treasury for the use and benefit of the town. Appeals
from the municipal court may be taken to the Circuit Court of Caroline County
in the manner provided by law. The council may appoint and provide compensation
for such clerks as are necessary for the efficient operation of the Court. The council
shall provide a salary for such municipal judge in the amount and payable at
such times as the council may deem proper. Council may appoint a substitute
municipal judge for the same term and under the same conditions as the
municipal judge is appointed. The town of Bowling Green may combine its
municipal court with the County Court of Caroline County in the manner provided
by law. The provisions of this section (19) are subject to all statutory
provisions relative to courts not of record and, in addition, shall be subject
to any future statutes or legislation which modifies the judicial system of the
Commonwealth for courts not of record.
(20) The council may appoint or select such other
officers as may be necessary, including a business manager for the town, and
fix their salaries and define their duties.
(21) All ordinances, resolutions and bylaws passed by
the council shall take effect at the time indicated in such ordinances,
resolution or bylaw, but in event no effective date shall be set forth in any
such ordinances, resolution or bylaw passed by the council, the same shall
become effective thirty days from its passage.
M. Effective date of ordinances, bylaws, and resolutions.
All ordinances, resolutions, and bylaws passed by the council shall take effect at the time indicated in such ordinances, resolutions, or bylaws, but in the event no effective date shall be set forth in any such ordinance, resolution, or bylaw passed by the council, the same shall become effective 30 days from its passage.
N. Publication of penal ordinances, ordinances in evidences; codification of ordinances.
All ordinances hereafter passed by the council for the violation of which any penalty is imposed shall be published once, at least, in one of the newspapers of said town, to be designated by the council. A record or entry made by the clerk of said council, or a copy of said record or entry, duly certified to by him, shall be prima facie evidence of the publication of any such ordinance; and all laws, regulations and ordinances of the council may be read in evidence in all courts of justice, and in all proceedings before any officer, body, or board in which it shall be necessary to refer thereto, from a copy thereof, certified by the clerk of said council; however, whenever the council of the town of Bowling Green shall codify, in whole or in part, and print at one time, or from time to time, in book or pamphlet form, the general ordinances of the town of Bowling Green, or any part thereof, it shall be unnecessary to publish any new or changed ordinances therein contained, or such codification or codifications, in a newspaper or otherwise, and all new or changed ordinances therein contain, and such codification or codifications, shall take effect at such time, but not less than 30 days after such codification or codifications shall have been printed in book or pamphlet form, as may be prescribed by the council by ordinance; provided, notice of such publication and the availability of such book or pamphlet at the town hall is published in a newspaper as hereinabove required.
§ 2. Town Officers and Staff.
A. The town council may combine offices when not expressly prohibited, except that the assessing and collecting officers shall not be the same person.
B. Salaries and compensation.
The town council shall grant and pay to all town officers and employees such salaries or compensation, if any, as the said council may from time to time deem just and proper, or which shall be fixed by this act, except as such salaries or compensation may be fixed by general law.
C. Town manager.
The council may employ a town manager to serve at the will and pleasure of the council. The town manager shall be the chief administrative officer of the town. The town manager shall be chosen by the council solely on the basis of his executive and administrative qualifications and need not be a resident of the town. No member of the council shall, during the time for which elected, be chosen as town manager. Council shall perform annual reviews of the performance of the town manager. Council may suspend or remove the town manager and the action of the council in suspending or removing the town manager shall be final, it being the intention of this charter to vest all authority and fix all responsibility for such suspension or removal in the council. In case of the absence or disability of the town manager, the council may designate some qualified person to perform the duties of the office during such absence or disability.
D. Duties of the town manager.
1. It shall be the duty of the town manager to supervise the administration of the affairs of the town; to make such recommendations to the council concerning the affairs of the town as may seem desirable; to keep the council advised of the financial condition and future needs of the town; to prepare and submit to the council the annual budget estimate; to prepare and submit to the council such reports as may be required by that body; and to perform such other duties as may be prescribed by this charter or required of him by order of resolution of the council, not inconsistent with this charter.
2. Except as otherwise provided in this charter, the town manager, subject to the consent of the town council, may appoint or employ and he may remove or discharge such officers, employees, and assistants as may be necessary to carry on the work in those departments of the town committed to him by ordinance, in all of their respective details, in an economical and satisfactory manner. The salaries and terms of office or employment of such officers, employees, and assistants shall be fixed by the town manager subject to the approval of the town council. His action in all respects shall be subject to review by the council and he shall be accountable to the town council only.
E. Town clerk.
The council may employ a clerk to serve at the will and pleasure of the council. The clerk shall serve as the record keeper of the council and shall be responsible for all clerical responsibilities.
F. Duties of the clerk.
The clerk of the council shall attend the meetings of the council, shall keep a record of its proceedings, and shall have the custody of the seal of the said town. He shall keep all papers, documents, and public records that by the provisions of this charter or the direction of the council are required to be filed with or kept by him. Immediately after the close of each session of the town council, he shall make and present to the mayor and town manager a transcript of every ordinance, resolution, or order concerning any public improvement or for the payment of money and every ordinance, resolution, order, and act of legislative character passed by the town council at such session. He shall, in like manner, give notice to all persons presenting communications or petitions to the town council of the final action of the council on such communications or petitions. He shall publish such reports and ordinances as the town council may direct, and shall in general perform such other acts and duties as the council may from time to time require of him. The clerk shall perform such other duties and obligations as required by the town council for the efficient and orderly operation of the town.
G. Town treasurer.
The council may employ a town treasurer to serve at the will and pleasure of the council. The town treasurer shall, before entering upon the duties of his office, give bond with sufficient surety to be approved by the council, in a penalty of such amount as may be fixed by the council from time to time, payable to the town of Bowling Green, conditioned for the true and faithful performance of the duties of his office.
H. Duties of the town treasurer.
1. The treasurer shall be responsible for the collection of all taxes, licenses, and levies except charges for services furnished by the public utilities of the town. The council shall have the authority to place in the hands of a town collector to be employed by it the collection of any taxes, licenses, and other levies at any time before they become delinquent, if in the discretion of the council it shall be proper so to do.
2. The town treasurer shall receive all moneys belonging to the town which it is his duty to collect from persons owing the same to the town, or which it is the duty of other officers of the town to collect and pay over to him, and pay the same out as the ordinances of the town may prescribe; to keep such moneys safely and account therefor, and to pay all drafts or orders made on him in conformity with the ordinances of the town. The treasurer shall perform such additional duties as may be required of him by the council not inconsistent with the laws of the Commonwealth.
3. The town treasurer shall, on the first day of each month, render an account to the council showing the state of the treasury on the day previous and the balance of money on hand. He shall also, if required so to do by the council, accompany such account with a statement of all money received by him and on what account, with a list of all checks paid by him during the month then closed, and shall furnish such other information, accounts, and statements as the town council may direct.
4. The town treasurer shall annually submit to the town council, within 30 days after the close of the fiscal year, a full and detailed account of all receipts and disbursements made during the fiscal year just closed.
I. Police Department.
1. The council may exercise full police powers and it may establish and maintain a police force for the town of Bowling Green with such number of policemen and employees as the council may deem necessary and with the head of such force to be known as the chief of police. The chief of police and the policemen and employees of the police force shall be under the control and supervision of the town manager. The compensation and terms of office or employment of the chief of police and such policemen and employees of the police force as the council shall deem proper shall be fixed and determined by the council.
2. Each member of the police force and the chief of police are hereby endowed with all the powers of a constable in criminal cases and all other powers which under the laws of the Commonwealth of Virginia and the ordinances and resolutions of the town may be necessary to enable them to discharge the duties of their office.
J. Town attorney and other officers.
The council may appoint a duly licensed attorney as town attorney, whose compensation shall be fixed by the council and who shall serve at the will and pleasure of the council, and in addition to those herein provided for, the council may appoint such officers and clerks as they may deem necessary, and define their powers, prescribe their duties, and fix their compensation. The council may take from any officer, whether elected or appointed by them, a bond with surety, to be approved by the council, in such penalty as it may deem proper, payable to the town, with condition for the faithful discharge by the said officer of the duties of his office.
§ 3. Depositories of town funds, accounts; prohibited uses of town money.
A. The funds of the town shall be deposited by the treasurer in such bank or banks as the council may direct, and such bank or banks shall give bond in such sum or sums as the council shall fix. He shall keep books showing accurately the state of his accounts and the money of the town shall be kept distinct and separate from his own money and he is hereby expressly prohibited from using directly or indirectly the town’s money, checks, or warrants in his custody and keeping for his own use and benefit, or that of any person or persons whomsoever, and any violation of this provision shall subject him to immediate removal from office.
B. The books and accounts of the town treasurer and all papers relating to the accounts and transactions of the town shall be at all times subject to the inspection of the mayor, the town council, and such other persons as the council may appoint, to examine the same, and all such books and accounts, together with any balance or moneys on hand, shall be transferred by the treasurer to his successor at every new appointment or delivered up as the council may at any time require.
C. All taxes, levies, or other sums of money of whatever nature received by the town treasurer belonging to the town shall be credited by the treasurer on his books to the town and shall be paid out by him only on a warrant of the clerk of the council, countersigned by the mayor.
D. The treasurer shall keep a separate account of each fund and appropriation and the debits and credits belonging thereto; however, the council shall have the right to require all town funds to be deposited to the credit of the town and may prescribe by resolution or ordinance such other method of disbursement as it shall from time to time deem proper.
E. All moneys received on all special assessments shall be held by the treasurer as a special fund to be applied to the payment of the matter for which the assessment was made, and said moneys shall be used for no other purpose.
§ 1. (1) Council to have control of taxation
and finances. The town council shall have control of taxation and finances
for its municipal purposes. It shall have the following powers:
(2) To A. Annual budget: to prepare, or cause to
be prepared, annually a budget showing the estimated receipts and proposed
expenditures for town purposes as required by state law, and to publish the
same.
(3) To B. Annual levy: to raise annually by levy
and collection of taxes and assessments in the said town on all such property,
real and personal, as is now or may hereafter be subject to taxation by towns
by the laws of the Commonwealth, such sums of money as the council thereof may
deem necessary for the purposes of the said town in such manner as the said
council shall deem expedient in accordance with this charter, the Constitution
and laws of this Commonwealth and the United States; provided, however, that it
shall impose no taxes on the bonds of the said town.
(4) To C. Special or local assessments: to impose
special or local assessments for local improvements and enforce the payment
thereof, subject to such limitations as may be prescribed by the Constitution
and laws of this Commonwealth, as may be in force at the time of the imposition
of such special or local assessments.
(5) To D. Power to contract debts and issue bonds,
give notes, etc.: to contract debts in the name of and for the use of the
town and make and issue, or cause to be made and issued, as evidence thereof,
bonds, notes or other obligations, within the limitations prescribed by the
Constitution and the laws of this Commonwealth concerning bonds issued by
towns, upon credit of the town, or solely upon the credit of specific property
owned by the town, or solely upon the credit of income derived from property
used in connection with any public utility owned and operated by the town.
(6) To E. Temporary borrowing: to borrow money
temporarily, pending the issuance and sale of any bonds, notes or other
obligations authorized by this charter, or in anticipation of the receipt of
taxes and revenue of the current fiscal year, and to issue notes or other
evidences of indebtedness therefor, and from time to time to renew such
temporary loans or to use current funds to be ultimately repaid from the
proceeds of said bonds, notes or other obligations, or from the town taxes and
revenues, as the case may be.
(7) To F. Expenditure of money: to expend the
money of the town for all lawful purposes.
(8) To G. Licensing and taxation of slot machines:
to levy a tax or a license on any slot machine or similar device of any
kind, whether a license may be required therefor by the Commonwealth or not,
and may, if permitted by general law, exceed the state license, if any be
required, and may provide penalties for any violation thereof.
(9) To H. Licensing of circuses, carnivals, shows,
etc.: to license and regulate the holding and location of shows, circuses,
public exhibitions, carnivals, and other similar shows or fairs, or prohibit
the holding of the same, or any of them within the limits of the town or within
one mile thereof; provided that the license fee for holding any of the
foregoing within one mile of the town shall only be sufficient to provide
regulation and protection.
(10) To I. Licensing of businesses, trades,
professions, and callings: to impose licenses by ordinance upon businesses,
trades, professions or callings, and upon persons, firms, associations or
corporations engaged therein or offering to do business within the boundaries
of the town, whose principal office is or is not located in said town, except
when prohibited by general law, whether or not a license may be required
therefor by the Commonwealth. The fee for such license may exceed the
state license fee if any be required.
(11) J. Licensing of certain wholesalers. Licenses
may also be imposed upon and a fee therefor collected from persons, firms, or
corporations selling and delivering at the same time at other than a definite
place of business, goods, wares or merchandise, to licensed dealers or
retailers in the town.
(12) K. Fees for issuance or transfer of licenses. For
every license issued or transferred under this charter, there may be prescribed
by ordinance a reasonable charge or fee, for issuing or transferring the
same. Such charges or fees shall be paid into the town treasury.
(13) L. Liens and other remedies to enforce
collection of taxes, levies, penalties, and assessments. A lien shall exist
on all real estate within the corporate limits for taxes, levies, penalties or
assessments in favor of the town, levied or assessed thereon from the
commencement of the year for which the same was levied or assessed, and the
penalties and procedure for collecting such taxes and for selling real estate
for town taxes shall be the same as provided by the general laws of this
Commonwealth. The council shall have the benefit of all other remedies
for the collection of town taxes which are now, or may hereafter be permitted
under the general law of the Commonwealth, including the power to distrain
goods and chattels for failure to pay taxes levied thereon.
(14)M. To have all taxing powers authorized by
the Commonwealth of Virginia for towns including specifically those powers
provided for in § 15.1-841 of the Code of Virginia.
§ 1. (1) The town council shall have the
following powers:
(1) To A. Generally: to acquire by
purchase, gift, devise, condemnation, or otherwise, property, real or personal,
or any estate therein within or without the town, for any purpose of the town,
and to hold, improve, sell, lease, mortgage, or pledge, or otherwise dispose of
the same or any part thereof, including any property now owned by the town.
(2) To B. Road construction materials and
machinery: to acquire by gift, purchase, exchange or by the exercise of the
power of eminent domain within this State, lands, or any interest or estate in
lands, rock quarries, gravelpits, sandpits, water and water rights, and the
necessary roadways thereto, either within or without the town, and to acquire
and install machinery and equipment and build the necessary roads or trainways
thereto, and to operate the same for producing material required for any and
all purposes of the town.
(3) To C. Parks, playgrounds, etc: to acquire
and operate parks, playgrounds, and public grounds within or without the
corporate limits of the town, and to place on the same either within or without
the town, stadia, swimming pools, recreation and amusement buildings,
structures or enclosures of every character, and charge admission thereto, and
to rent out or lease the privileges of the same.
(4) To D. Airports and landing fields: to acquire
by condemnation, purchase or otherwise, provide for, maintain, operate and
protect aircraft landing fields either within or without the corporate limits
of the town.
(5) To E. Lands for industrial or commercial
purposes: to acquire in any lawful manner, for the purpose of encouraging
commerce and manufacture, lands within or without the town, not exceeding at
any one time five hundred acres in the aggregate, and from time to time sell or
lease the same or any part thereof for industrial or commercial use and
purposes, irrespective of the consideration paid for such lease or sale.
(6) To F. Miscellaneous public improvements:
to construct, purchase, maintain, regulate and operate public improvements
of all kinds, including municipal and other buildings, armories, sewage
disposal plants, jails, comfort stations, markets and all buildings and
structures necessary or appropriate for the use and proper operation of various
departments of the town and to acquire by condemnation or otherwise all lands,
riparian and other rights and easements necessary for such improvements, or any
of them, and, either within or without the town to construct, maintain, or aid
therein, roads and bridges to any property owned by the said town, and situated
beyond the corporate limits thereof, and to acquire land necessary for the
aforesaid uses by condemnation or otherwise.
(7) To provide in or near the town land to be used as
burial places for the dead, to improve and care for the same and the approaches
thereto, and to charge for and regulate the use of the ground therein, to
cooperate with any nonprofit corporation or association in the improvement and
care of burial place and approaches thereto; and to provide for the perpetual
upkeep and care of any plot or burial lot therein, the town is authorized to
take and receive sums of money by gift, bequest, or otherwise, to be kept and
invested, and the income thereof used in and about the perpetual upkeep and
care of the said lot or plot for which the said donation, gift, or bequest has
been made. And all acts of the said town in accepting from any cemetery
company, society or corporation such land to be used as a burial place for the
dead, whether said land had been heretofore used or not, as well as all
contracts and agreements made with any person or persons for perpetual care and
maintenance, are hereby declared valid.
§ 1. The town council shall have the following powers:
(1) ToA. Electricity and gas: to own,
operate and maintain electric light and gas works, either within or without the
corporate limits of the town and to supply electricity and gas, whether the
same be generated or purchased by said town, to its customers and consumers
both within and without the corporate limits of the said town, at such price
and upon such terms as it may prescribe, and to that end it may contract for
and purchase electricity and gas from the owners thereof upon such terms as it
may deem expedient.
(2) To B. Water supply protection thereof;
waterworks; water mains and sewer lines and authority to require properties to
be connected thereto: to own, operate and maintain water works and to
acquire any lawful manner in any county of the State, such water, lands,
property rights, and riparian rights as the council of the said town may deem
necessary for the purpose of providing an adequate water supply to the said
town and piping and conducting the same; to lay, erect and maintain all
necessary mains and sewer lines, either within or without the corporate limits
of the said town, for the distribution of water to its customers and consumers,
both within and without the corporate limits of the said town, and to charge
and collect water rents therefor; to erect and maintain all necessary dams,
pumping stations and other works in connection therewith; to make reasonable
rules and regulations promoting the purity of its water supply and for
protecting the same from pollution; and for this purpose to exercise full
police powers and sanitary patrol over all lands comprised within the limits of
the watershed, tributary to any such water supply wherever such lands may be
located in this State; to impose and enforce adequate penalties for the
violation of any such rules and regulations; and to prevent by injunction any
pollution or threatened pollution of such water supply, and any and all acts
likely to impair the purity thereof; and to carry out the powers herein
granted, the said town may exercise within the State all powers of eminent
domain provided by the laws of this State.
(3) To C. Sanitary sewers and authority to
require properties to connect therewith; sewage disposal plants: to establish,
construct, and maintain sanitary sewers, sewer lines and systems, and to
require abutting property owners to connect therewith; to establish, construct,
maintain, and operate sewage disposal plants, and to acquire by condemnation or
otherwise within or without the town limits, all land, rights-of-way, riparian
and other rights and easements necessary for said purposes, and to charge and
assess and collect reasonable fees, rentals, assessments or costs of service
for connecting with and using the same.
(4) To D. Service charges and fees; permits
for use of facilities: to charge and collect fees for permits to use public
facilities and for public services and privileges; and to have the right and
power to charge for any service rendered or convenience furnished to those
residing without the corporate limits different from the rates charged for
similar services or conveniences to those residing within the corporate limits.
(5) To E. Collection and disposal of garbage,
etc.: to collect and dispose of sewage, offal, ashes, garbage, carcasses of
dead animals, and other refuse, and make reasonable charges therefor; to
acquire and operate reduction or any other plants for utilization and disposal
of such material; to contract for or regulate the collection and disposal
thereof; and to require the collection and disposal thereof, and to acquire
land within or without the town for said purpose.
(6) To F. Assessment and collection of water
and sewage rates and charges; security deposit before rendition of service: to establish,
impose and enforce the collection of water and sewage rates, and rates and charges
for public utilities, or other services, products, or conveniences, operated,
rented, or furnished by the town; and to assess, or cause to be assessed, after
reasonable notice to the owner or owners, water and sewage rates and charge
directly against the owner or owners of the building, or against the proper
tenant or tenants; and may by ordinance require a deposit of such reasonable
amount as it may prescribe before furnishing such service either to owner or
tenant.
(7) To G. Franchises: to grant franchise
for public utilities in accordance with the provisions of the Constitution and
general laws; provided, however, the town shall at any time have the power to
construct, own, operate, manage, sell, encumber, or otherwise
dispose of, either within or without the town, any and all public utilities for
the town, and to sell the services thereof any existing franchises to the
contrary notwithstanding.
(8) To H. Poles and wires; gas pipes: to regulate,
permit or prohibit poles and wires for electric, telephone, and telegraph
purposes erected or to be erected and gas pipes to be laid in the streets and
alleys of the town; to require the owner or lessee of an electric light,
telephone, or telegraph pole, or poles, or wires, now in use or hereafter
erected, to change the location of or move the same.
§ 1. The town council shall have the following powers:
(1) The town shall have the power to A. To acquire,
establish, enter, open, widen, extend, grade, improve, construct, maintain, and
clear public highways, streets, sidewalks, boulevards, parkways, alleys, and to
alter, vacate, or close the same; to establish and maintain parks, golf
courses, playgrounds and public grounds and to keep them lighted and in good
order; to construct, maintain and operate bridges, viaducts, subways, tunnels,
sewers and drains, and to regulate the use of all such highways, parks, public
grounds and works; to plant and maintain or remove shade trees along the
streets and upon such public grounds; to prevent the obstruction of such
streets, alleys and highways, to regulate the operation and speed of cars and
vehicles within said streets and highways within the town; and to do all other
things whatsoever adapted to make said streets and highways safe, convenient and
attractive.
(2) B. To give names to or alter the names of
the streets.
§ 1. The town council shall have the following powers:
(1) To A. Regulation of size, height,
materials, etc; dangerous structures: to regulate the size, height,
materials and construction of buildings, fences, walls, retaining walls and
other structures hereafter erected in such manner as the public safety and
convenience may require; to remove or require to be removed or reconstructed
any building, structure or addition thereto which by reason of dilapidation,
defect of structure, or other causes may become dangerous to life or property,
or which may be erected contrary to law.
(2) To B. Regulation of construction; building
code; setback lines; standard for dwelling and business houses: to provide
for regular and safe construction of houses in the town for the future and to
provide a building code for the town; to provide set-back lines on the streets
beyond which no buildings may be constructed if permitted by general law; to
require the standard of all dwelling houses be maintained in residential
sections in keeping with the majority of residences therein, and if permitted
by general law to require the standard of all business houses to be maintained
in business sections in keeping with the majority of the business houses
therein.
(3) To C. Comprehensive plan for town; plats;
recording of plats: to make and adopt a comprehensive plan for the town and
to that end all plats and replats hereafter made subdividing any land within
the town, or within one mile thereof, into streets, alleys, roads and lots or
tracts, shall be submitted to and approved by the council before such plats or
replats are filed for record, or recorded, in the office of the clerk of
Caroline County, Virginia.
(4) To D. Permits may be required; misdemeanor
to build without required permit: to issue or refuse (in case of
noncompliance with the building requirements of the town) to issue permits for
the construction of buildings, fences, walls and other structures in the said
town; and any person, firm or corporation, failing to secure such permit prior
to the beginning of said construction or other work shall be deemed guilty of a
misdemeanor and punished as hereinbefore provided.
§ 1. In addition to the powers elsewhere mentioned in this charter and the powers conferred by general laws and the Constitution, the town shall have the following powers:
(1) ToA. Nuisance; maintenance of premises; things detrimental
to health, morals, aesthetics, safety, convenience, and welfare generally: to
compel the abatement and removal of all nuisances within the town or upon
property owned by the town without its limits at the expense of the person or
persons causing the same or of the owner or occupant of the ground or premises
wherein the same may be, and to collect said expense by suit or motion or by
distress and sale; to require all lands, lots and other premises within the
town to be kept clean and sanitary and free from stagnant water, weeds, filth,
and unsightly deposits, or to make them so at the expense of the owners or
occupants thereof, and to collect said expense by suit or motion or by distress
and sale; to regulate or prevent noisome or offensive business within said
town, or the exercise of any dangerous or unwholesome business, trade, or
employment therein; to regulate the transportation of all articles through the
streets of said town; to compel the abatement of smoke and dust, and prevent
unnecessary noise; to regulate the location of stables and the manner in which
the same shall be constructed and kept; to regulate the location, construction,
operation, and maintenance of bill boards and signs; and generally to define,
prohibit, abate, suppress, and prevent all things detrimental to the health,
morals, aesthetics, safety, convenience, and welfare of the inhabitants of the
town; and to require all owners or occupants of property having public
sidewalks adjacent thereto to keep the same clean and sanitary, free from
weeds, filth, unsightly deposits, ice and snow, and any obstruction.
(2) ToB. Fire protection generally: to
extinguish and prevent fires, and to establish, regulate, and control a fire
department or division; to establish and designate from time to time fire
limits, within which limits wooden buildings shall not be constructed, added
to, enlarged or repaired, and to direct that any or all future buildings within
such limits shall be constructed of stone, natural or artificial, concrete,
brick, iron or other fire-proof materials to enact stringent and efficient laws
for securing the safety of persons from fires in halls and buildings used for
public assemblages, entertainments or amusements.
(3) ToC. Explosives; fireworks; firearms; bonfires:
to direct the location and construction of all buildings for storing
explosives or combustible substances; to regulate the sale and use of
gunpowder, nitroglycerin, fireworks, kerosene, gasoline, and other like
materials, to regulate or prevent the exhibition of fireworks, the discharge of
firearms, and the making of bonfires within the corporate limits of said town.
(4) To D. Health and sanitation; department of
health: to provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect all
foodstuffs and prevent the introduction and sale in said town of any articles
or thing intended for human consumption which is adulterated, impure, or
otherwise dangerous to health, and to condemn, seize, and destroy or otherwise
dispose of any such article or thing without liability to the owner thereof; to
prevent the introduction or spread of contagious or infectious diseases, and
prevent and suppress disease generally; to provide and regulate hospitals within
or without the town limits, and if necessary to the suppression of disease, to
enforce the removal of persons affected with contagious or infectious diseases
to hospitals provided for them; to provide for the organization of a department
or bureau of health, to have the powers of a board of health for said town,
with authority necessary for the prompt and efficient performance of its
duties, with the power to invest any or all of the officials or employees of
such department of health with such powers as the police officers of the town
have, to establish quarantine ground within or without the town, and establish
and enforce such quarantine regulations against contagious and infectious
diseases as the council may see fit, subject to the laws of the Commonwealth
and the United States.
(5) To E. Care of children and persons sick, aged,
insane or paupers: to provide for the care, support and maintenance of
children and of sick, aged, insane, or poor persons and paupers.
(6) ToF. Maintenance of various institutions: to
provide and maintain, either within or without the town, charitable,
recreative, curative, corrective, detention or penal institutions.
(7) ToG. Animals and fowls: to regulate poultry
or other fowls, hogs, dogs or other animals being kept in or running at large
in the town, or any thickly populated portion thereof, and to subject the same
to such taxes, regulations and penalties as the council may think proper.
(8) To H. Acts of annoyance on streets; abuse of
animals: to prevent the riding or driving of horses or other animals at an
improper speed; to prevent the flying of kites, throwing of stones, the setting
off of fireworks or engaging in any sort of employment in the public streets
which is dangerous or annoying to passersby, and to prohibit and punish the
abuse of animals.
(9) To I. Markets and keeping of foodstuffs;
hucksters; junk dealers: to establish markets in the town and regulate the
same and to enforce such regulations in regard to the keeping and sale of fresh
meats, vegetables, eggs, and other green groceries, and the trade of hucksters
and junk dealers as may be deemed advisable.
(10) To prevent any person having no visible means of
support, paupers, and persons who may be dangerous to the peace and safety of
the town from coming to the town from without the same; and to expel therefrom
any such person who has been in said town less than twelve months.
(11) ToJ. Police powers; police department: to
exercise full police powers and establish and maintain a department or division
of police.
(12) To K. Drunkards, beggars, etc.; gambling;
houses of ill-fame; disorderly conduct: to restrain and punish drunkards,
vagrants, and street beggars; to prevent and quell riots, disturbances,
assemblages and disorderly assemblages; to suppress houses of ill-fame and
gambling houses and punish operators and inmates of the same; to prohibit and
punish the carrying of concealed weapons within the said town; to prevent and
punish lewd, indecent, and disorderly exhibitions in said town. To prohibit and
punish gambling and betting, disturbances of the peace, disorderly conduct, and
public swearing and cursing, within the said town.
(13) To L. Malicious mischief: to prohibit and
punish mischievous, wanton, or malicious damage to school, church, and public
property, as well as to private property.
(14) To prohibit minors from and punish them for
frequenting, playing or loitering in any public poolroom, billiard parlor, or
bowling alley, and to punish any proprietor or agent thereof for permitting
same.
(15) To M. Labor of prisoners; town use of county
jail: to compel persons sentenced to confinement in the jail of the town
for any violation of the laws or ordinances of the town to work on the public
streets, parks, or other public works of the town; and on the requisition of
the mayor it shall be the duty of the sergeant of the town to deliver such
persons to the duly authorized agent of the town for such purposes from day to
day as they may be required. For the purpose of carrying into effect the police
regulations of the town, the town shall have the use of the county jail of
Caroline County for the safe keeping and confinement of all persons who shall
be sentenced to imprisonment under the ordinances of said town.
(16) To N. Enjoining of ordinance violations: to enjoin
and restrain the violation of any town ordinance or ordinances, although a
penalty is provided upon the conviction of such violation.
(17) To O. Bylaws, rules, regulations, and
ordinances for the good order of the town, etc: to pass and enforce all
bylaws, rules, regulations, and ordinances which it may deem necessary for the
good order and government of the town, the management of its property, the
conduct of its affairs, the peace, comfort, convenience, order, morals, health,
and protection of the citizens and their property, and to do such other things
and pass such other laws as may be necessary or proper to carry into full
effect all powers, authority, capacity or jurisdiction, which is or shall be
granted to or vested in said town, or in the council, court or officers,
thereof, or which may be necessary incident to a municipal corporation.
(18) To P. Maintenance of general welfare, etc: to do
all things whatsoever necessary or expedient and lawful to be done for
promoting or maintaining the general welfare, comfort, education, morals,
government, peace, health, trade, commerce, or industries of the town, or its
inhabitants.
(19) To Q. Rewards: to offer and pay rewards for
the apprehension of criminals.
(20) To provide by ordinance for a system of meat and milk
inspection, and appoint milk and meat inspectors, agents, or officers to carry
the same into effect; to prevent, license, regulate, control, and locate
slaughter houses within or without the corporate limits of the town; and for
such services of inspection to make reasonable charges; and to provide
reasonable penalties for the violations of such ordinances.
(21) To R. Public schools and libraries: to establish,
organize, administer, or contribute to the support of public schools and
libraries, subject to the general laws establishing a standard of education for
the Commonwealth.
(22) To inspect, test, measure and weigh any commodity or
commodities or articles of consumption for use within the town; and to
establish, regulate, license and inspect weights, meters, measures, and scales.
(23) To S. Alcoholic beverages: to make and
enforce ordinances, in so far as not prohibited by the general laws of this
Commonwealth, to regulate, control, license and/or tax the manufacture,
bottling, sale, distribution, transportation, handling, advertising,
possession, dispensing, drinking and use of alcohol, brandy, rum, whiskey, gin,
wine, beer, lager beer, ale, porter, stout, and all liquids, beverages and
articles containing alcohol by distillation, fermentation or otherwise.
(24) To T. Licensing of motor vehicles: to require
every owner or operator of motor vehicles residing in the said town, on a date
to be designated by the council, to annually register such motor vehicles and
to obtain a license to operate the same by making application to the treasurer
of the said town, or such other person as may be designated by the council; to
issue said license, and to require the said owner to pay the annual license fee
therefor to be fixed by the council, provided that the said license fee shall
not exceed the amount charged by the Commonwealth on such machines. The
council shall have the right to require the operator of said motor vehicle to
attach a proper license plate on a conspicuous part of the said motor vehicle
and to keep same thereon in plain view for common observation. The
council may prorate such license fee over periods of not less than three
months.
(25) In so far U. Regulation of motor vehicles and
traffic: insofar as not prohibited by general law, to control, regulate,
limit and restrict the operation of motor vehicles carrying passengers for hire
upon the streets or alleys of the town; to regulate the use of automobiles and
other automotive vehicles upon the streets; to regulate the routes in and through
the town to be used by motor vehicle carriers operating in and through said
town and to prescribe different routes for different carriers; to prohibit the
use of certain streets by motor trucks; and generally to prescribe such
regulations respecting motor traffic therein as may be necessary for the
general welfare and safety.
(26) To V. Ordinances generally: to make and
enforce ordinances, not inconsistent with the laws of this Commonwealth.
(27) To W. Implementation of powers; penalties for
violation of ordinances: to put into force and effect by ordinances any and
all the foregoing powers, and any other powers and authority of the said
council given by this charter, or any state law, or any amendments thereto; and
to prescribe punishment for the violation of any town ordinance, rule or
regulation, or of any provision of this charter, said penalty not to exceed
five hundred dollars ($500.00) fine or twelve months' imprisonment in jail, or
both.
(28) X. Enumeration of powers not exclusive. The
enumeration of particular powers by this charter shall not be deemed to be
exclusive, and in addition to the powers enumerated herein or implied hereby,
or appropriate to the exercise of such powers, it is intended that the town
council shall have and may exercise all powers which, under the Constitution
and laws of this Commonwealth, it would be competent for this charter
specifically to enumerate.
(29) Y. To exercise all powers now or hereafter
conferred upon or delegated to towns under the Constitution and laws of the
Commonwealth of Virginia.
§ 1. (1) No actions shall be maintained
against the town for damages for any injury to any person or property alleged
to have been sustained by reason of the negligence of the town or any officer,
agent, or employee thereof, unless a written statement of the claimant, his
agent or attorney, or the personal representative of any decedent whose death
is a result of the alleged negligence of the town, its officers, agents or
employees, of the nature of the claim and the time and place at which the
injury is alleged to have occurred or to have been received, shall have been
filed with the mayor or any attorney appointed by the council for this purpose
within sixty days after such cause of action shall have occurred, except where
the claimant is an infant or non compos mentis, or the injured party dies
within such sixty days such statement may be filed within one hundred and
twenty days. And no officers, agents, or employees of the town shall have authority
to waive such conditions precedent or any of them.
§ 1. Severability; title.
(1)A. If any clause, sentence, paragraph,
or part of this act shall for any reason be adjudged by a court of competent
jurisdiction to be invalid, said judgment shall not affect, impair or
invalidate the remainder of said act, but shall be confined in its operation to
the part of the act directly involved in the controversy in which said judgment
shall have been rendered.
(2)B. This act may be referred to or cited
as the Bowling Green Charter of 1948.
2. That an emergency exists and this act is in force from its passage.