§ 9. Specific powers of town.

In addition to the powers elsewhere enumerated in this charter and the powers conferred by general law and the constitution, the Town of Wytheville shall have the following powers:

(1)

To raise annually, by levy of taxes and assessments in the said town, on all such property, real and personal, as is now or may be subject to taxation by towns by the laws of this commonwealth, such sums of money as the council thereof shall deem necessary for the purpose of the said town, in such manner as the said council shall deem expedient in accordance with the constitution of this state and of the United States; provided, however, that it shall impose no taxes on the bonds of the said town.

(2)

To impose special or local assessments for local improvements and to force payment thereof, subject to such limitations prescribed by the constitution and laws as may be in force at the time of the imposition of such special or local assessments.

(3)

To own, operate and maintain waterworks and to acquire in 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 supply to the said town and of piping and conducting the same; to lay, erect and maintain all necessary mains and service lines, either within or without the corporate limits of the said town, for the distribution of water to its customers and consumers, both within or 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 for promoting the purity of its said water supply and for protecting the same from pollution; and for this purpose to exercise full police powers and sanitary control over all land 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.

(4)

(a)

The town may, in the name of and for the use of the town, contract debts 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 in accordance with the provisions of law concerning bond issues by towns, upon the 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.

(b)

Pending the issuance and sale of any bonds, notes or other obligations by this act authorized, or in anticipation of the receipt of taxes and revenues of the current fiscal year, it shall be lawful for the town to borrow money temporarily 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.

(5)

To expend the money of the town for all lawful purposes.

(6)

To collect and dispose of sewage, offal, ashes, garbage, carcasses of dead animals and other refuse, and to make reasonable charges therefor; to acquire and operate reduction or any other plants for the utilization or destruction of such materials, or any of them; to require or regulate the collection and disposal thereof.

(7)

(a)

To acquire by purchase, gift, devise, condemnation or otherwise, real or personal property, or any estate therein, within or without the town, for any of the purposes of the town, including but not limited to, the condemnation of real and personal property for purposes of higher education, and including the power to give and convey such property acquired by condemnation to state-supported institutions of higher learning; and to hold, improve, sell, lease, mortgage, pledge or otherwise dispose of the same, or any part thereof, including any real or personal property, now owned by the town.

(b)

In addition to the powers herein otherwise provided, to exercise the same powers as to condemnation as are provided in Title 25 and Title 15.1 of the Code of Virginia [Code of Virginia, § 25.1-100 et seq. and § 15.2-1901 et seq.] and other general laws, and as are conferred on the state highway commissioner under Article 5 of Chapter 1 of Title 33 of the Code of Virginia, and as may be provided in amendments to such titles and article. In the exercise of such authority as is granted in Article 5 of Chapter 1 of Title 33 of the Code of Virginia, as amended, the town may use such authority in connection with the acquisition, construction, operation or maintenance of water or sewage disposal systems, airports, streets, roadways, alleys, schools, or for other educational purposes, including purposes relating to institutions of higher learning and facilities related thereto.

[c]

The powers granted in this paragraph (7) are subject to the provisions of section 25-233 of the Code of Virginia [§ 25.1-102] when the interest sought to be condemned is held by another corporation having the powers of eminent domain.

(8)

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 town or within one (1) mile of the corporate limits thereof.

(9)

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.

(10)

To require every resident of the town who shall own, or have in his custody or under his control, a vehicle of any kind which shall be operated on the streets, alleys, or public ways of the town, and every person not a resident of the town, who shall habitually operate on the streets, alleys, or public ways of the town a vehicle of any kind for the purpose of pickup or delivery in connection with the conduct of a business, wherever located, other than a transportation business, to annually register such vehicles on a date to be designated by the council and to obtain a license to operate the same by making application to the treasurer of the town, or such other person as may be designated by the council of the town, to require the said owner or custodian to pay an annual license fee therefor to be fixed by the council, and to prohibit the use of streets, alleys, or public ways of the town without such license. No such license shall be required of a nonresident of the town who shall use a vehicle exclusively for his personal transportation to and from a place of business within the town.

(11)

To construct, establish, purchase, or to otherwise acquire, maintain, regulate and operate public utilities and facilities of all kinds, including buslines, transportation systems, cemeteries, 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 the 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; either within or without the town, and to construct, maintain, or aid therein, roads and bridges to any property owned by the said town and situate beyond the corporate limits thereof, and to acquire land necessary for the aforesaid by condemnation or otherwise.

(12)

To acquire, establish, enter, open, widen, extend, grade, improve, construct, maintain and clean public highways, streets, sidewalks, boulevards, parkways, and alleys, and to alter, vacate, or close the same; to establish and maintain parks, golf courses, playgrounds, and public grounds, 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 and highways; to regulate the operation and speed of cars, and vehicles upon said streets and highways, within the town and for a distance of one (1) mile from the limits thereof; and to do all other things whatsoever adapted to make said streets and highways safe, convenient and attractive.

(13)

To construct in such parks, playgrounds, and public grounds, as it may maintain, or upon any town property, stadium, swimming pools, gymnasia, and recreation or amusement buildings, structures, or enclosures of every character, refreshment stands, restaurants, et cetera; to charge admissions for use of the same, and to rent out or lease the privileges of construction or using such stadiums, swimming pools, recreation or amusement buildings, structures, or enclosures of every character, refreshment stands, or restaurants, et cetera.

(14)

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 charges directly against the owner or owners of buildings or against the proper tenant or tenants; and in [the] event such rates and charges shall be assessed against a tenant then the council may, by ordinance, require of such tenant a deposit of such reasonable amount as it may by such ordinance prescribe before furnishing such service to such tenant.

(15)

To establish, construct, and maintain sanitary sewers, sewer lines and systems, and to require the abutting property owners to connect therewith and to establish, construct, maintain and operate sewage disposal plants, and to acquire by condemnation or otherwise, within or without the town, all lands, rights-of-way, riparian and other rights, and easements necessary for the purposes aforesaid, and to charge, assess, and collect reasonable fees, rentals, assessments or costs of service for connection with and using the same.

(16)

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 without and within the corporate limits of the said town, at such price and upon such terms as the council may prescribe, and to that end it may contract and purchase electricity and gas from the owners thereof upon such terms as it may deem expedient.

(17)

Subject to the provisions of the constitution and general laws of Virginia and this charter, to grant franchises for public utilities; provided, however, the town shall at any time have the power to contract for, 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.

(18)

To charge and collect fees and permits to use public facilities and for public services and privileges. The said town shall have the power and right to charge a different rate for any service rendered or convenience furnished to citizens without the corporate limits from the rates charged for similar service to citizens within the corporate limits.

(19)

To compel the abatement and removal of all nuisances within the town or upon property owned by the town beyond its limits at the expense of the person or persons causing the same, or of the owner or occupant of the ground or premises whereon 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 slaughter houses or other noisome or offensive business within the said town, the keeping of hogs, or other animals, poultry or other fowl therein, or the exercise of any dangerous or unwholesome business, trade or employment therein; to regulate the transportation of all articles through the streets of the town; to compel the abatement of smoke and dust and prevent unnecessary noise; to regulate the location of stables and the manner in which they shall be kept and constructed; to regulate the location, construction, operation and maintenance of billboards, signs, advertising, and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, safety, convenience and welfare of the inhabitants of the town; and to require all owners or occupants of property having sidewalks in front thereof to keep the same clean and sanitary, and free from all weeds, filth, unsightly deposits, ice and snow.

(20)

To extinguish and prevent fires, to abate fire hazards, and to establish, regulate and control a fire department or divisions, 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 conveniences 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 have become dangerous to life or property, or which may be erected contrary to law; to establish and designate from time to time fire limits, within which limits wooden buildings shall not be constructed, removed, 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 fireproof materials; and may enact stringent and efficient laws for securing the safety of persons from fires in halls and buildings, used for public assemblies, entertainments or amusements.

(21)

To direct the location of all buildings for storing explosives or combustible substances; to regulate the sale and use of gunpowder, nitroglycerin, fireworks, gasoline, kerosene, oil or other like materials; to regulate the exhibition of fireworks, the discharge of firearms, and the making of bonfires in the streets and yards.

(22)

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 setback lines on the streets beyond which no building may be constructed, to require the standard of all dwelling houses be maintained in residential section[s] in keeping with the majority of residences therein and to require the standard of all business houses be maintained in business sections in keeping with the majority of the business houses therein.

(23)

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 article 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 afflicted with contagious or infectious diseases to hospitals provided for them; to construct and maintain or to aid in the construction and maintenance of a hospital or hospitals for the use of the people of the town; 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 the authority necessary for the prompt and efficient performance of the 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 such quarantine regulations against infectious and contagious diseases as the council may see fit, subject to laws of the state and of the United States; and to provide for a bureau of vital statistics and require physicians, midwives or parents to make reports thereto.

(24)

To provide and maintain, either within or without the town, charitable, recreative, curative, corrective, detentive or penal institutions.

(25)

To prevent fowls and animals being kept in or running at large in the town, and to subject the same to such regulations and penalties as the council may provide.

(26)

To prevent the riding or driving of horses or other animals at an improper speed; to prevent the flying of kites, throwing of stones, 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.

(27)

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 trucks; and generally to prescribe such regulations respecting motor traffic therein as may be necessary for the general welfare.

(28)

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.

(29)

To execute full police powers and establish and maintain a department or division of police.

(30)

To restrain and punish drunkards, vagrants and street beggars, to prevent and quell riots, disturbances and disorderly assemblages; to suppress houses of ill-fame and gambling houses; to prevent and punish lewd, indecent and disorderly exhibitions in said town; and to expel therefrom persons guilty of such conduct who have not resided therein as much as one (1) year.

(31)

To make and enforce ordinances, insofar as not prohibited by the general laws of this state, 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.

(32)

To do all things whatsoever necessary or expedient and lawful to be done for promoting or maintaining the general welfare, comfort, education, morals, peace, government, health, trade, commerce, or industries of the town, or its inhabitants.

(Acts 1954, Ch. 166, § 1; Acts 1966, Ch. 234, § 1)

(Acts 1954, Ch. 166, § 1; Acts 1966, Ch. 234, § 1)