Bill Text: VA HB2005 | 2023 | Regular Session | Enrolled
Bill Title: Haymarket, Town of; amending charter, municipal elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-03-21 - Governor: Acts of Assembly Chapter text (CHAP0070) [HB2005 Detail]
Download: Virginia-2023-HB2005-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §1 of Article II, §1 of Article III, as amended, § 1 of Article IX, and §1 of Article XI of Chapter 540 of the Acts of Assembly of 1950 are amended and reenacted as follows:
Article II. Corporate Limits.
§1. (1) The limits of said town shall be as follows:
Beginning in the center of John Marshall Highway (Virginia
State Route 55) a distance of 2,241.57 feet northwesterly from a pipe driven
into the said highway where it intersects Carolina Road (State Route 625);
thence North 35 degrees 21 minutes 25 seconds East, with Peters, 1,800 feet
(passing through a concrete marker at 40.07 feet) to a concrete marker; thence,
with Peters, Robinson (or Robertson), Thomas, King, and Jordan, South 57
degrees 31 minutes 39 seconds East, 4,474.04 feet crossing Carolina Road
(Virginia State Route 625) and passing through concrete markers at 1,855.82
feet and 1,892.42 feet respectively, to a concrete marker; thence, with Jordan,
Prince William County School Board and Stanton, South 35 degrees 21 minutes 25
seconds West, a distance of 3,500 feet crossing John Marshall Highway (Virginia
State Route 55) and passing through concrete markers at 1,599.78 feet and
1,680.22 feet respectively to a concrete marker just southwesterly from the
Southern Railway Company's right-of-way; thence, with Stanton, Bleight, Tyler,
and Rust, South 58 degrees 09 minutes 59 seconds West, 4,476.84 feet crossing
Carolina Road (Virginia State Route 625) just northeasterly from a bridge and
passing through concrete markers at 1,671.11 feet and 1,711.61 feet,
respectively to a concrete marker, and thence with Rust and Fletcher (following
the old Clarkson line) North 35 degrees 21 minutes 25 seconds East, a distance
of 1,750 feet crossing the Southern Railway Company's right-of-way at about 800
feet and passing through a concrete marker at 1,709.93 feet to the place of
beginning, containing 361.59288 acres, more or less, according to a survey
based on true bearings made by R. J. Ratcliffe, Surveyor of Prince William County,
Virginia. The boundaries of the Town, until altered, shall be as shown
in Chapter 540 of the Acts of the General Assembly of 1950 as modified by a
boundary line adjustment entered into between the Town of Haymarket and the
County of Prince William, approved by Circuit Court order recorded in the
Prince William County land records as Instrument number 201402260012836.
Article III. Administration and Government.
§1. (1) The councilmen council members and
mayor in office on the effective date of this act April 7, 1950
shall continue in office until the first day of July of the year following
termination of their respective terms or until their respective successors
shall have been duly elected and qualified.
(2) On the first Tuesday after the first Monday in
May November, 1974 2024, 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 six other electors,
who shall be denominated councilmen council members, and the
mayor and councilmen council members shall constitute the Town
council. They shall enter upon the duties of their offices on the first day of
July January next succeeding their election, and shall
continue in office until their successors are duly elected and qualified. Every
person so elected shall take an the 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 of
office as prescribed by general law.
(3) 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.
[Repealed]
(4) The council shall judge of the election,
qualification, and returns of its members; may fine them for disorderly
conduct, and, with the concurrence of two-thirds, expel a member. 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 any one 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. [Repealed]
(5) A majority of the members of the council shall constitute a quorum for the transaction of business.
(6) 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 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 per annum;
and such salary shall be in lieu of any fees he is entitled to enter up as part
of the costs and receive in the trial of cases of violation of the ordinances
of the town as hereinafter provided for.
(7) 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
the mayor shall have the right to cast a vote to break the same
by his vote; tie, but he the mayor shall have the
right to veto as provided in §1 (8) of this Article III. He
The mayor shall have the following duties: to 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; and shall have jurisdiction to issue process for and try
all cases for the violation of the town ordinances, subject to an appeal to the
Circuit Court of Prince William County, Virginia, and impose such punishment
and/or fines as may be prescribed for violation of the same, and he shall have
power to issue executions for all fines and costs imposed by him, or he may
require an immediate payment thereof, and in default of such payment he may
commit the defaulting party to the Prince William County Jail until such fine
and costs shall be paid, such commitment, however, not to be for more than
twelve months. He may release persons accused or convicted of the violation of
a town ordinance upon the giving of sufficient bail to be fixed by him. He
shall; to see that peace and good order are preserved and that
persons and property within the town are protected. He shall; to
authenticate by his signature such documents and instruments as the
council, this charter, or the laws of this Commonwealth require. He shall;
and from time to time recommend to the council such measures as he may
deem seem needful for the welfare of the town.
(8) 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 The mayor may
veto an ordinance or a resolution having the effect of an ordinance by
transmitting it, with his objections the reasons for the veto
in writing, to the town clerk who shall enter the reasons for the
mayor's objections veto at length on the minute books
book of the council. The council shall may 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 veto 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 having the effect
of an ordinance shall not be returned by the mayor within five days (Sunday
excepted) after it shall have been presented to him passage by the
council, it shall become operative in like manner as if he had signed it
without the mayor's signature, unless his the mayor's term of
office or that of the council, shall expire expires within said
five days.
(9) 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 except the
power to veto; 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 a council member even when performing
the duties of mayor during the absence or disability of the mayor of the town.
(10) 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 when in the judgment of the council the public welfare shall require executive meetings consistent with the terms of the Virginia Freedom of Information Act (§2.2-3700 et seq. of the Code of Virginia) as then in effect.
(11) The council shall keep a minute book, in which the clerk
shall note the proceedings of the council, and shall record proceedings
at large on the minute book and keep the same properly indexed.
(12) 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.
(13) There shall be appointed by the council at its first
meeting in September March, 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 The treasurer shall give
such bond, with surety and in such penalty as the council prescribes. He
The treasurer 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 The treasurer 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.
(14) 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 during the term for which he is elected
by a competent accountant selected by the council, such examination and audit
to be reported to the council in accordance with general law.
(15) The council may in its discretion designate the place of
deposit of all town funds, consistent with state law, which shall be
kept by the treasurer separate and apart from his the treasurer's
personal funds.
(16) There shall be appointed by the council, at its first
regular meeting in September March after its election, a clerk of
the council, who need not be a resident of the town, and who shall hold office
at the pleasure of the council. He The clerk 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 The clerk 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 The clerk's
compensation shall be fixed by the council. Any vacancy in this office shall be
filled by the council.
(17) There shall be appointed by the council at its first
regular meeting in September March or as soon as practicable
thereafter, a town sergeant, who shall also be chief of police;,
and shall hold office at the pleasure of the council. His The town
sergeant's duties shall be such as the council prescribes. He The
town sergeant shall be vested with the powers of a conservator of the
peace. His The town sergeant's compensation shall be fixed by the
council.
(18) The council may appoint a trial justice for the town
who shall serve at the pleasure of the council and until his successor is
appointed by the council and qualifies. He shall be an attorney at law licensed
to practice under the laws of the Commonwealth, but he need not be a resident
of the town.
The trial justice is hereby vested with all the power,
authority and jurisdiction and charged with all the duties within and for the
town of Haymarket, and in criminal matters for one mile beyond the corporate
limits thereof, which are or may hereafter be conferred upon the trial justice
by the laws of the State of Virginia, so far as the same may be applicable, and
not in conflict with the provisions of this charter; and any amendments of the
trial justice laws of this State shall be considered as amendments also of this
section of this charter if the same are applicable hereto.
Fees and costs shall be assessed by the trial justice and
shall be collected as provided by the laws of the State of Virginia relating to
trial justices as the same shall now be or as hereby amended. All fees and
costs collected by the said trial justice and all fines collected for
violations of all laws and ordinances of the town shall be paid into the town
treasury for the use and benefit of the town.
Removals may be taken, and appeals from the decisions of
the trial justice may be taken, to the Circuit Court of Prince William County
in the same manner, upon the same terms and shall be tried in the same way as
removals or as appeals from the decision of trial justices, as the case may be,
are provided to be taken and tried by the laws of the State of Virginia,
relating to trial justices as the same shall now be or as hereafter amended.
The council may also appoint such clerk or clerks as may in
their discretion be necessary, provide for just compensation therefor and
provide necessary records.
The council of said town shall provide a salary to
compensate such trial justice in such amount and payable at such times as the
council shall deem proper, and the council may provide also for a vacation
period, either with or without pay, and for such duration, as in the judgment
of the council may be proper.
Like provisions may be made for a substitute justice, and
when such substitute acts, he shall receive the compensation which would have
been paid him had the principal acted, and which compensation shall be deducted
from salary or allowance made to the principal.
The town of Haymarket may combine with the county of Prince
William for the use of one trial justice and one substitute trial justice for
such combined town and county, in such manner as may be provided by the laws of
the State of Virginia relating to trial justices; and if the town of Haymarket
and the county of Prince William shall at any time combine for the use of one
trial justice and one substitute trial justice for the said town and the said
county, the laws of the State of Virginia relating to trial justices, so far as
applicable, shall control and not this section of this charter.
[Repealed]
(19) 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.
(20) All ordinances, resolutions and bylaws passed by the council take effect at the time indicated in such ordinances, resolutions or bylaws, but in event no effective date shall be set forth in any such ordinances, resolutions or bylaws passed by the council, the same shall become effective thirty days from its passage.
Article IX. Additional Powers.
§1. In addition to powers elsewhere mentioned in this charter and the powers conferred by general law and the Constitution, the town shall have the following powers:
(1) 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 the 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 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 the same shall be constructed and kept; to regulate the location,
construction, operation, and maintenance of billboards 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) 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 fireproof 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.
[Repealed]
(3) 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 material; to regulate or prevent the exhibition of fireworks, the
discharge of firearms, and the making of bonfires within the corporate limits
of said town. [Repealed]
(4) 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 the 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 State and the United States. [Repealed]
(5) To provide for the care, support and maintenance of
children and of sick, aged, insane, or poor persons and paupers.
[Repealed]
(6) To provide and maintain, either within or without the town, charitable, recreative, curative, corrective, detention or penal institutions.
(7) To regulate poultry or other fowl, 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 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. [Repealed]
(9) 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 town from without the same; and to expel therefrom any
such person who has been in the town less than twelve months. [Repealed]
(11) To exercise full police powers and establish and maintain a department or division of police.
(12) 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 and punish operators and
inmates of the same; to prohibit and punish the carrying of concealed weapons
within the town; to prevent and punish lewd, indecent, and disorderly
exhibitions in the town. To prohibit and punish gambling and betting disturbances
of the peace, disorderly conduct, and public swearing and cursing, within the
town. [Repealed]
(13) To prohibit and punish mischievous, wanton, or
malicious damage to school, church, and public property, as well as to private
property. [Repealed]
(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. [Repealed]
(15) To compel persons sentenced to confinement in jail 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 or the sheriff of
Prince William County 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 Prince William County for the safe
keeping and confinement of all persons who shall be sentenced to Imprisonment
under the ordinances of the town. [Repealed]
(16) 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 pass and enforce all by-laws, 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 of officers, thereof or which may be a necessary incident to a municipal corporation.
(18) 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 offer and pay rewards for the apprehension of criminals.
(20) To provide by ordinance 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 violation of such ordinances. [Repealed]
(21) 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 State. [Repealed]
(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.
[Repealed]
(23) 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. [Repealed]
(24) To require every owner or operator of motor vehicles
residing in the 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 town, or such other person as may be
designated by the council; to issue such license, and to require the owner to
pay the annual license fee therefor to be fixed by the council, provided that
the license fee shall not exceed the amount charged by the State on such
machines. The council shall have the right to require the operator of the motor
vehicle to attach a proper license plate on a conspicuous part of the 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. [Repealed]
(25) 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 the 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. [Repealed]
(26) To make and enforce and effect by ordinances any and all the laws of this State.
(27) To put into force and effect by ordinances any and all
the foregoing powers, and any other powers and authority of the 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, the penalty not to exceed five hundred dollars
($500.00) fine or twelve months' imprisonment in jail, or both.
[Repealed]
(28) 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 State, it would be competent for this charter specifically to enumerate.
Article XI. Miscellaneous.
§1. (1) 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, such judgment shall not affect, impair or invalidate the remainder of the act, but shall be confined in its operation to the part of the act directly involved in the controversy in which the judgment shall have been rendered.
(2) This act may be referred to or cited as the Haymarket
Charter of 1950 2022.
2. That §2 of Article III, §1 of Article VIII, and §1 of Article X of Chapter 540 of the Acts of Assembly of 1950 are repealed.