Town of Middletown, VA Article IX Additional Powers

Section 1 Nuisances, fire prevention, etc.

In addition to powers elsewhere mentioned in this charter 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 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 towns; 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 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 municipal 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 laws for securing the safety of persons from fire in halls and buildings used for public assemblages, entertainments or amusements.

(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 corporation limits of the said town.

(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 the town of any articles or things intended for human consumption which is adulterated, impure or otherwise dangerous to health and to condemn, seize and destroy or otherwise dispose of 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 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 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.

(5) To provide for the care, support and maintenance of children and of sick, aged, insane or poor persons and paupers.

(6) To provide and maintain either within or without the town charitable, recreative, curative, corrective, detentive 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.

(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.

(Acts 1954, c. 477)

Section 2 Police powers generally.

The town shall have further powers to:

(1) 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.

(2) To exercise full police powers and establish and maintain a department of police.

(3) 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.

(4) To prohibit persons under 18 years of age from and punish them for frequenting, playing or loitering in the public poolroom, billiard parlor, or bowling alley and to punish any proprietor or agent thereof for permitting same.

(5) To prohibit and punish mischievous, wanton or malicious damage to school, church and public property, as well as to private property.

(6) 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 to deliver such person 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 Frederick County for the safekeeping and confinement of all persons who shall be sentenced to imprisonment under the ordinances of the town.

(7) To enjoin and restrain the violation of any town ordinance or ordinances, although a penalty is provided upon the conviction of such violation.

(8) 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 the town, or in the council, court or officers thereof, or which may be necessarily incident to a municipal corporation.

(9) 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.

(10) To offer and pay rewards for the apprehension of criminals.

(11) 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 the corporate limits of the town, and for such service of inspection to make reasonable charges; and to provide reasonable penalties for the violation of such ordinances.

(Acts 1954, c. 477)

Section 3 Schools, alcoholic beverages, motor vehicles, etc.

The town shall have the further power to:

(1) 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.

(2) 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, measure and scales.

(3) To make and enforce ordinances, insofar as are 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 the use of alcoholic beverages.

(4) 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 vehicle 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 fees therefore to be fixed by the council, provided that the license fees shall not exceed the amount charged by the state on such vehicles. Such license plate shall be attached on a conspicuous part of the motor vehicle for which issued and kept thereon in plain view for common observation. The council may prorate such license fee over periods of not less than three months.

(5) Insofar as not prohibited by the 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.

(6) To make and enforce ordinances, not inconsistent with the laws of this state.

(7) To put into force and effect by ordinance any and all of its powers and to prescribe punishment for the violation of any town ordinance, rule, or regulation, or any provision of this Charter, the penalty not to exceed five hundred dollars fine or twelve months in jail or both, provided such penalties do not exceed those prescribed by the state for a similar offense.

(8) The town council may exercise all powers which, under the Constitution and laws of the Commonwealth, it would be competent for this Charter specifically to enumerate.

(Acts 1954, c. 477)