Roanoke, City of
History of incorporation
Town of Big Lick established in 1852 (Hornbook of Virginia History).
Big Lick incorporated, 1874, c. 80.
Name changed to Town of Roanoke, 1882, c. 57; repealed 1884, c. 70.
City incorporation and charter, 1884, c. 70; repealed 1892, c. 200.
Charter, 1892, c. 200; repealed 1894, c. 298.
Charter, 1894, c. 298; repealed 1896, c. 533.
Charter, 1896, c. 533; repealed 1924, c. 473.
Charter, 1924, c. 473; repealed 1952, c. 216.
Charter, 1952, c. 216.
Editor's note: Amendments are numerous. Please see amendment listing at the end of the document.
§ 1. (1952, c. 216; repealed 1974, c. 149)
§ 1.1. The city and its boundaries.
The inhabitants of the territory comprised within the present limits of the city of Roanoke, as hereinafter described, or as the same may be hereafter altered and as provided by law, shall continue to be a body politic and corporate, to be known and designated as the city of Roanoke, and as such shall have and may exercise all powers which are now, or hereafter may be, conferred upon, or delegated to, cities 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 the city of Roanoke as such shall have perpetual succession, may sue and be sued, contract and be contracted with, and may have a corporate seal which it may alter, renew, or amend at its pleasure.
The present boundaries of the city shall be as described in Chapter 216, Acts of Assembly, 1952, as enlarged by orders of the Circuit Court of Roanoke County, Virginia, as follows:
(a) Order of Annexation entered September 14, 1964, recorded in Deed Book 984, Page 539, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1166, Page 161, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court); and
(b) Order of Annexation entered September 30, 1966, recorded in Deed Book 984, Page 549, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1207, Page 618, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court); and
(c) Order of Annexation entered May 16, 1967, recorded in Deed Book 827, Page 492, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1220, Page 291, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court); and
(d) Order of Annexation entered May 10, 1975, recorded in Deed Book 1017, Page 516, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1361, Page 548, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. (1974, c. 149; 1976, c. 573, 2002, c. 685)
§ 2. Powers of the city.
In addition to the powers mentioned in the preceding section, the said city shall have power:
(1) To raise annually by taxes and assessments in the city such sums of money as the council hereinafter provided for shall deem necessary for the purposes of the city and in such manner as the council shall deem expedient, in accordance with the Constitution and laws of this Commonwealth and of the United States; provided, however, that it shall impose no tax on the bonds of said city.
(2) To impose special or local assessments for local improvements and enforce payment thereof, subject, however, to such limitations prescribed by the Constitution of Virginia as may be in force at the time of the imposition of such special or local assessments.
(3) Subject to the provisions of the Constitution of Virginia and of §§ 47, 48 and 49 of this charter, to contract debts, borrow money and make and issue evidence of indebtedness.
(4) To expend the money of the city for all lawful purposes.
(5) To acquire by purchase, lease, lease purchase, gift, bequest, devise, condemnation or otherwise, property, real or personal, or any estate or interest therein, within or without the city or Commonwealth and for any of the purposes of the city; and to hold, improve, sell, lease, mortgage, pledge or otherwise dispose of the same or any other part thereof.
(6) To acquire, in any lawful manner, for the purpose of encouraging commerce and manufacture, lands within and without the city not exceeding at any one time five thousand acres in the aggregate, and from time to time to sell or lease the same or any part thereof for industrial or commercial uses and purposes.
(7) To make and maintain public improvements of all kinds, including municipal and other public buildings, armories, markets, comfort stations or rest rooms and all buildings and structures necessary or appropriate for the use of the departments of fire and police; and to establish a market or markets in and for said city, and to appoint proper officers therefor; to prescribe the time and place for holding the same; to provide suitable buildings and grounds therefor and to make and enforce such rules and regulations as shall be necessary to restrain and prevent huckstering, forestalling and regrading, and for the purpose of regulating and controlling the sale of fresh meats, fresh fish, farm and domestic products in said city the council shall have authority to continue the sale of such articles or products to the public markets and public squares provided by the city for that purpose, and shall have full power and authority to use such streets, avenues or alleys in the city around the public market and public squares as may be necessary to provide for vehicles from which farm and domestic products are offered for sale, and may by resolution or ordinance designate the streets or other public places on or in which all licensed peddlers may sell or offer for sale their goods, wares or merchandise and shall have authority to levy and collect a license tax for the sale of fresh meats and fresh fish, and may impose a curbage tax for each vehicle containing farm and domestic products brought into said city and sold or offered for sale on the market, and to acquire by condemnation or otherwise all lands, riparian and other rights and easements necessary for such improvements, or any of them.
(7.1) To own, manage and operate a city auditorium, civic center, coliseum, convention hall, stadium, theater, exhibition hall, or combination thereof, or other place of public assembly, and to permit the use of the same by others upon such terms and for such charges as the council may prescribe; and in order to further the best interests of the public and lead to greater use of any such facilities, to do all things necessary and proper to encourage the use thereof by arranging or engaging shows, plays, exhibitions, performances and all other entertainments of whatsoever nature. Such encouragement may, without limitations as to other permissible activities, include the expenditure of city funds to promote such activities and to bring notice to the public of entertainments at such public facilities, engaging persons to bring entertainments thereto from which the city may derive income, and the payment of funds to such persons in advance or out of proceeds derived therefrom in connection therewith; and may include entering into agreements with such other persons guaranteeing minimum sums to be payable to such persons for future performances, provided that at no time shall the aggregate amount of all outstanding guarantees be more than such sum as may be fixed by the council. Notwithstanding any other provisions of this charter, the council may appropriate funds to a special or revolving account in order to engage, advertise and promote any such entertainment and to operate any of the foregoing facilities, and when such fund is created such person or persons as may be designated by ordinance of the council, after providing fidelity bond with corporate surety payable to the city in a penalty not less than the authorized amount of such special or revolving fund, may sign checks against said fund and expend cash therefrom for any of the foregoing purposes.
(8) To furnish all local public service, to purchase, hire, construct, own, lease, maintain and operate local public utilities, to acquire by condemnation or otherwise, within or without the corporate limits, lands and property necessary for any such purpose.
(9) To acquire in any lawful manner in any county of the state, or without the state, such water lands, and lands under water as the council of said city may deem necessary for the purpose of providing an adequate water supply for said city and of piping or conducting the same; to lay all necessary mains; to erect and maintain all necessary dams, pumping stations and other works in connection therewith; to process, filter, or purify such water supply and to add thereto mineral or other substances to make the water more potable or more healthful, or to promote the public welfare; 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 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 acquire lands or material for any such use. For any of the purposes aforesaid said city may, if the council shall so determine, acquire by condemnation, purchase or otherwise, any estate or interest in such lands or any of them, or any right or easement therein, or may acquire such lands or any of them in fee, reserving to the owner or owners thereof such rights or easements therein as may be prescribed in the ordinance providing for such condemnation or purchase. The said city may sell or supply to persons, firms or industries residing or located outside of the city limits any surplus of water it may have over and above the amount required to supply its own inhabitants.
(10) To establish and enforce water rates and rates and charges for public utilities, or other service products, or conveniences, operated, rendered or furnished by the city; to employ necessary competent inspectors to inspect the reservoirs, watersheds, filtering plants, pumps and pumping machinery and all other equipment of and all sources of water supply of every water company furnishing such water for domestic purposes, or use in the homes, of the inhabitants of the city, to compel any such water company, which owns or operates such reservoirs, watersheds, filtering plants, pumps and pumping machinery or other equipment or source or sources of said water supply to pay the reasonable cost of such inspectors; to give reasonable notice to any such water company of any condition disclosed by any such inspection which, in the opinion of said inspector and of a majority of the city council renders, or unless remedied probably will render the said water or water supply of the city or its inhabitants or any part thereof dangerous or unfit to be used for drinking purposes or general domestic purposes and to require any such water company to remedy any such condition within a reasonable time to be stated in said notice; to specify in said notice the particular acts or things which are required to be done by any such water company to remedy or prevent any such condition of said water or water supply; and if said condition be not remedied by said water company and the acts and things specified in said notice to said water company to be done by it, be not done within the time specified in said notice, and if a majority of said city council shall by resolution, at a meeting of the said council, at which said water company has had reasonable notice and opportunity to produce evidence and be heard, declared that an emergency exists requiring the doing of said acts or things, so specified in said notice or any part of them, to remedy or prevent such unfit or improper water or water supply being provided for or furnished to the inhabitants of the city or any of them, then the city council is hereby empowered and it shall be its duty immediately to do the acts or things so specified in said notice to said water company, and in said emergency resolution, and said city council shall have the power and it shall be its duty, either by withholding the water rentals which may thereafter become due from the city to said water company, to reimburse the city for any amount expended in the doing of said acts or things, or to recover said amount from said water company by any appropriate action at law or suit in equity; provided, however, that the maximum amount which the said city may so expend in any calendar half-year period, between January first and June thirtieth, or between July first and December thirty-first, shall not exceed the sum of seven thousand five hundred dollars; and provided, further, that any such water company shall have the right by proper legal proceedings to have determined whether or not any such expenditure which may have been so made by said city was made through abuse of discretion or without probable cause to believe said expenditure a necessary one for the protection of the city's water supply; and if in any such proceeding it shall be finally determined that said expenditure was one not necessary for said purpose, said water company shall recover from the city any water rentals which may have been retained as a reimbursement for said expenditure; and provided, further, that if said expenditure be found not a necessary one the city shall be entitled to receive from said water company by reason of said expenditure only such amount as under a quantum meruit it may be determined the said water company has received actual benefit of and in justice ought to pay value received for. Permitting the growth of algae in an amount which materially affects the purity, taste or smell of such water, so as to render the same unfit for drinking purposes or general domestic use, in the reservoirs or sources of water supply is hereby declared a condition which it is the duty of the city council to prevent or remedy under the powers granted in this subsection. Nothing herein contained shall be construed as in anywise limiting, altering, affecting or impairing the existing duties, jurisdiction or powers of the State Corporation Commission or of the State Board of Health or any other agency of the Commonwealth over water companies in the city of Roanoke or elsewhere, but any existing powers, duties or jurisdiction of the State Corporation Commission, State Board of Health or other agency of the Commonwealth which are hereby conferred or imposed upon the city council, shall be deemed to be concurrent.
(11) To acquire in the manner provided by the general laws any existing water, gas or electric plant, works or system, or any part thereof.
(12) To establish, open, widen, extend, grade, improve, construct, maintain, light, sprinkle and clean, public highways, streets, alleys, boulevards and parkways, and to alter, or close the same; to establish and maintain parks, playgrounds and other public grounds; 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 shade trees along the streets and upon such public grounds; to prevent the obstruction of such streets and highways, and abolish and prevent grade crossings over the same by railroads in the manner provided by law; regulate the operation and speed of all cars and vehicles using the same, as well as the operation and speed of all engines, cars and trains on railroads within the city; to provide by ordinance for the removal from such streets, highways, alleys, boulevards, parkways and other public places of vehicles and other objects abandoned thereon or left or placed thereon in violation of law or of an ordinance of the city, and to take charge of, impound and thereafter dispose of by sale or otherwise, such vehicles or other objects, any such sale to be held only after the owner or person lawfully entitled to the possession thereof shall have refused to pay the costs of such removal and keeping or after such vehicle or other object shall have remained unclaimed in the custody of the city for not less than sixty days, and, in either case, after notice of such sale, describing the vehicle or object to be sold, shall have been published for not less than five days in a local daily newspaper of general circulation, and to recover the costs of such removal, keeping and sale; to provide for the condemnation and scrapping or other disposition of abandoned or unclaimed motor vehicles which, by reason of damage or dilapidation, are unsafe and impracticable of repair; to regulate the service to be rendered and rates to be charged by busses, motorcars, cabs and other vehicles for the carrying of passengers and by vehicles for the transfer of baggage; to require all telephone and telegraph wires and all wires and cables carrying electricity to be placed in conduits underground and prescribe rules and regulations for the construction and use of such conduits; and to do all other things whatsoever adapted to make said streets and highways safe, convenient and attractive.
(12.1) To acquire, construct, own, maintain and operate, within and without the city, places for the parking or storage of vehicles by the public, which shall include, but shall not be limited to parking lots, garages, buildings and other land, structures, equipment and facilities, any of which may be provided in areas or space above or below public streets, sidewalks, or other public places, when in the opinion of the council they are necessary to relieve congestion in the use of streets and to reduce hazards incident to such use; provide for their management and control by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose or to provide, by lease or franchise granted by the council, for their management and control by others than the city, authorize or permit others to use, operate or maintain such places or any portions thereof, pursuant to lease or agreement, upon such terms and conditions as the council may determine by ordinance; and charge or authorize the charging of compensation for the parking or storage of vehicles or other services at or in such places.
(12.2) To acquire, in any lawful manner, in fee simple or by easement, land and other property and to construct thereon and own, equip, maintain and operate, within and without the city, airports and all the appurtenances thereof and approach zones and clear zones reasonably necessary therefor, including all facilities deemed necessary for the landing, departure, storage and servicing of aircraft; provide for their management and control by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose; to charge or authorize the charging of compensation for the use of any such airport or any of its appurtenances; lease any appurtenance of any such airport or any concession incidental thereto or, in the discretion of the council, lease any such airport and its appurtenances with the right to all concessions thereon to, or enter into a contract or contracts for the management and operation of the same or any one or more of them with any person, firm or corporation on such terms and conditions as the council may determine by ordinance; and to have and exercise all other power and authority with respect to aviation and airports accorded to cities under general law.
(12.3) To acquire, construct, own, maintain and operate, within and without the city, stadia, arenas, golf courses, swimming pools and other athletic or recreational facilities; provide for their management and control by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose, charge or authorize the charging of compensation for the use of or admission to any such facility, including charges for any services incidental thereto; to regulate the use of the same; to lease, subject to such regulations as may be established by ordinance, any such aforesaid facility or any concession incidental thereto, or enter into a contract with any person, firm or corporation for the management and operation of any such facility, including the right to all concessions incident to the subject of such contract, on such terms and conditions as the council may determine by ordinance.
(13) To construct and maintain, or aid in constructing and maintaining, public roads, sidewalks, boulevards, parkways, tunnels and bridges beyond the limits of the city, in order to facilitate public travel to and from said city and its suburbs and to and from said city and any property owned by said city and situated beyond the corporate limits thereof, and to acquire land necessary for such purpose by condemnation or otherwise.
(14) Subject to the provisions of the Constitution of Virginia to grant franchises for public utilities.
(15) To collect and dispose of sewage, offal, ashes, garbage, carcasses of dead animals and other refuse, and to acquire and operate reduction or other plants for the utilization or destruction of such materials, or any of them; or to contract for and regulate the collection and disposal thereof.
(15.1) To compel the abatement of smoke, dust and fly-ash; to regulate and control the installation, alteration and repair of all combustion equipment, and to control and prohibit pollution of the air.
(16) To compel the abatement and removal of all nuisances within the city, or upon property owned by the city, beyond its limits; to require all lands, lots and other premises within the city to be kept clean, sanitary and free from weeds; to regulate or prevent slaughterhouses or other noisome or offensive business within said city; the keeping of animals, poultry and 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 city; to compel the abatement of smoke and dust, and prevent unnecessary noise therein; to regulate the location of buildings or lots where animals or fowls are kept and the manner in which such shall be kept and constructed, and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city.
(17) If any ground in the said city shall be subject to be covered by stagnant water or if the owner or occupant thereof shall permit any offensive or unwholesome substance to remain or accumulate thereon, the said council may cause such ground to be filled up, raised or drained, or may cause such substance to be covered or removed therefrom, provided, that reasonable notice shall be first given to the said owner or occupant or his agent. In case of nonresident owners who have no agent in said city, such notice may be given by publication; in which event two insertions of such notice on separate days, in any newspaper published in said city, at least ten days before the first day any action is to be taken shall be sufficient notice.
(18) To direct the location of all buildings for storing gunpowder or other explosive or combustible substances, to regulate or prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosive or combustible materials, the exhibition of fireworks, the discharge of firearms, the use of candles and lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed weapons, and to regulate the movement over its streets of dangerous, explosive, or highly combustible materials.
(19) To regulate or prohibit the running at large in said city of any or all animals and fowl; to regulate or prohibit the keeping or raising of same within said city, and to subject the same to such levies, regulations and taxes as it may deem proper; to prohibit or regulate the keeping or raising of pigeons or other birds; and to provide for the seizure, impounding, destruction or disposition of any such animal or fowl found running at large or raised or kept in violation of such regulation.
(20) To restrain and punish drunkards, vagrants, mendicants and street beggars, and to provide for the treatment of drunkards, alcoholics and drug addicts.
(21) To prevent vice and immorality; to preserve public peace and good order, to prevent and quell riots, disturbances and disorderly assemblages; to suppress houses of ill fame, gambling houses and gambling devices of all kinds, to prevent lewd, indecent or disorderly conduct or exhibitions in the city.
(22) To inspect, test, measure and weigh any commodity or article for consumption or use, manufactured, stored, processed or offered for sale within the city, and to establish, regulate, license and inspect weights, meters, measures and scales.
(23) To extinguish and prevent fires and compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department or division; to regulate the size, materials and construction of buildings, fences, and other structures hereafter erected in such manner as the public safety and convenience may require; to remove, or require to be removed, 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 or enlarged, 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 material.
(24) To provide for the care, support and maintenance of children and of sick, aged, insane, disabled, or poor persons and paupers.
(25) To establish, organize and administer public schools, colleges and libraries subject to the general laws establishing a standard of education for the Commonwealth.
(26) To provide and maintain, either within or without the city, charitable, recreative, curative, corrective, detentive, or penal institutions.
(27) To provide for the removal of paupers or dependent persons recently come into the city where permitted by state or federal laws.
(28) To provide for the preservation of the general health of the inhabitants of said city, make regulations to secure the same, inspect all food and foodstuffs and prevent the introduction and sale in said city 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 diseases generally; to provide and regulate hospitals within or without the city limits, and to enforce the removal of persons afflicted with contagious or infectious disease to hospitals provided for them, to provide a department of health, to have the powers of a board of health, for said city, with the authority necessary for the prompt and efficient performance of its duties, with power to invest any or all the officials or employees of such department of health with such powers as the police officers of the city have; to establish a quarantine ground within or without the city limits, and such quarantine regulations against infectious and contagious disease as the said council may see fit, subject to the laws of the Commonwealth and the United States; to provide and keep records of vital statistics and compel the return of all births, deaths and other information necessary thereto.
(29) To acquire by purchase, gift, devise, condemnation, or otherwise, lands, either within or without the city, to be used, kept and improved as a place for the interment of the dead, and to make and enforce all necessary rules and regulations for the protection and use thereof; and generally to regulate the burial and disposition of the dead.
(30) To exercise full police powers, and establish and maintain a department or division of police.
(31) To do all things whatsoever necessary or expedient for promoting or maintaining the general welfare, comfort, education, morals, peace, government, health, trade, commerce or industries of the city or its inhabitants.
(31.1) To enact an ordinance, after a public hearing, to define places of public accommodation and to prohibit discrimination in such places of public accommodation on the basis of race, creed, color, national origin or sex.
(32) To make and enforce all ordinances, rules and regulations necessary or expedient for the purpose of carrying into effect the powers conferred by this charter or by any general law, and to provide and impose suitable penalties for the violation of such ordinances, rules and regulations, or any of them, by fine not exceeding two thousand five hundred dollars or confinement not exceeding twelve months, or both, the city may maintain a suit to restrain by injunction the violation of any ordinance notwithstanding such ordinance may provide punishment for its violation. The enumeration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein implied thereby, or appropriate to the exercise thereof, the said city shall have and may exercise all other powers which are now or may hereafter be possessed or enjoyed by cities under the Constitution and all laws of this Commonwealth. (1952, c. 216; 1956, c. 393; 1962, c. 442; 1966, c. 73; 1970, c. 207; 1989, c. 129; 1991, c. 449).
§ 2.1. Differences in rate of taxation on real estate within areas added to city limits; taxing districts.
Pursuant to Article X, Section 1 on the Constitution of Virginia, the council may, from time to time, provide for differences in the rate of taxation to be imposed upon real estate by the city within all or parts of areas added to its territorial limits. Such differences in the rate of taxation shall bear a reasonable relationship to differences between nonrevenue producing governmental services giving land urban character which are furnished in one or several areas in contrast to the services furnished in other areas of the city. In so doing, the council may, from time to time, establish such taxing districts as may be necessary to reasonably differentiate between those areas added to the territorial limits of the city receiving contrasting services as hereinabove provided, and having once established such taxing districts the council may, from time to time thereafter alter, amend or abolish taxing districts as the character or extent of such services are changed. (1974, c. 149; 2002, c. 685)
§ 2.2. Transit system.
The city shall have the power to:
(a) Acquire, own, operate, maintain or otherwise provide for a transit system and transit facilities;
(b) Enter into agreements or leases with private companies for the operation of a transit system or operate such system itself;
(c) Make application for and accept loans and grants of money or materials or property at any time from the United States of America and the Commonwealth of Virginia or any agency or instrumentality of either; and
(d) Enter into contracts with other localities to provide or cause to be provided transit facilities and services to localities. (1980, c. 71; 2002, c. 685)
§ 3. Creation and general powers of council.
There is hereby created a council, which shall have full power and authority, except as herein otherwise provided, to exercise all of the powers conferred upon the city, and to pass all laws and ordinances relating to its municipal affairs, subject to the Constitution and general law of the State and of this charter. It shall by ordinance establish a system of compensation for all officers and employees of the city, and may, so far as is not inconsistent with the provision of this charter, define the powers and prescribe the duties of all such officers and employees. (1952, c. 216; 2002, c. 685)
§ 4. Composition of council; terms of members; designation of vice-mayor; vacancies.
The Council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of July next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of July next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the first Tuesday in May, nineteen hundred seventy-two, and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the first Tuesday in May, nineteen hundred seventy-four, and each four years thereafter, three council members shall be elected for a term of four years.
The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city, for a term of two years, to commence on the first day of July next following the date of such election and until the vice-mayor's successor shall have been elected and qualified.
The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election.
Vacancies in the council or vacancy in the office of mayor shall be filled within thirty days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a council member or a mayor, as the case by be, shall be elected at such election for the remaining portion of such unexpired term. (1952, c. 216; 1956, c. 393; 1962, c. 442; 1966, c. 73; 1972, c. 625; 2002, c. 685)
§ 5. Qualification of members of council; conduct of candidates.
Any person qualified to vote in the city shall be eligible to the office of council member or mayor therein. No candidate for the office of councilman or mayor shall promise any money, office, employment or other thing of value, to secure a nomination or election, or accept in connection with his candidacy any money except as permitted by the general laws of the State; and any such candidate violating this provision shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or imprisonment for a term not exceeding six months, or both, in the discretion of the court or jury, and shall forfeit his office, if elected; in which event, the person receiving the next highest number of votes, who has not violated these provisions shall be entitled to such office. (1952, c. 216; 1962, c. 442; 1966, c. 73; 2002, c. 685)
§ 6. Compensation of the mayor, vice-mayor and of council members.
The salary of the mayor, vice-mayor and each council member shall be such as is from time to time fixed by an ordinance of city council within the limits established by general law. Such salaries shall be payable no less frequently than monthly. (1952, c. 216; 1962, c. 442; 1966, c. 73; 1972, c. 625; 1977, c. 201; 1989, c. 129; 2002, c. 685)
§ 7. Limitation of the powers of the council.
Neither the mayor, the council, nor any of its members, shall dictate, urge or suggest the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager, or prevent the city manager from exercising his or her own judgment in the appointment of officers or employees in the administrative service; provided, however, that the city manager's appointments of deputy or assistant city managers, but not of department heads, shall be subject to confirmation by a majority of the members of the council. Except for the purpose of inquiry, the mayor, the council and its members shall deal with the administrative service solely through the city manager, and neither the mayor, the council, nor any member thereof, shall give orders to any of the subordinates of the city manager either publicly or privately. (1952, c. 216; 1962, c. 442; 1974, c. 149; 2002, c. 685)
§ 8. Officers elective by council; rules; journal of council proceedings; quorum of council.
The council shall elect a city manager, a city clerk, a municipal auditor, and a city attorney, none of whom need be a resident of the city at the time of their election but who shall take up residence within the city within three months of their election if not already a resident. Unless herein otherwise specifically provided, the council shall also appoint the members of such boards and commissions as are hereafter provided for. Pursuant to § 21 of this charter, the city manager shall appoint a director of finance. All elections by the council shall be viva voce and the vote recorded in the journal of the council. The council may determine its own rules of procedure; may punish its members for misconduct and may compel the attendance of members in such manner and under such penalties as may be prescribed by ordinance. It shall keep a journal or its proceedings. A majority of all of the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time.
Upon a vacancy occurring in any such office the council shall elect a person to fill the unexpired portion of any term created by such vacancy; or, in the council's discretion, it may elect a person as an acting city manager, city clerk, municipal auditor, or city attorney to hold such office for such lesser term and for such compensation as the council shall then determine; and any person so elected shall have, during the term for which he was elected, all of the authority and shall be charged with all of the duties and responsibilities of the office for which he was elected. (1952, c. 216; 1962, c. 442; 1966, c. 73; 1972, c. 625; 1974, c. 149; 1977, c. 201; 2002, c. 685; 2015, cc. 347, 689)
§ 9. Elections by council, when held, terms, et cetera.
During the month of September 1974 and during the month of September of every second year thereafter, through and including during the month of September 2014, the council shall elect a city clerk, a director of finance, a municipal auditor, and a city attorney, each of whom shall serve for a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. However, the term of the director of finance elected in 2014 shall end on July 1, 2015. Thereafter, the director of finance shall be appointed by the city manager pursuant to § 21 of this charter.
During the month of September 2016 and during the month of September of every second year thereafter, the council shall elect a city clerk, a municipal auditor, and a city attorney, each of whom shall serve a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. (1952, c. 216; 1972, c. 625; 1974, c. 149; 2002, c. 685; 2015, cc. 347, 689 Editor's note: Technical discrepancy between c. 347 and c. 689 ("shall end in July, 2015"); c. 347 prevails%uFEFF)
§ 10. Meetings of council generally.
At two o'clock post meridian on the first Monday of July next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. (1952, c. 216; 1962, c. 442; 1972, c. 625; 1976, c. 573; 1980, c. 71; 2002, c. 685)
§ 11. Penalty of absence from council meetings.
Absence from five consecutive regular meetings shall operate to vacate the seat of a member of the council, unless the absence is caused by the member being incapacitated by sickness or is excused by the council by a resolution setting forth the reason thereof and entered upon the journal. (1952, c. 216; 2002, c. 685)
§ 12. Legislative procedure generally.
Except in dealing with questions of parliamentary procedure the council shall act only by ordinance or resolution, and all ordinances except ordinances making appropriations, or authorizing the contracting of indebtedness or issuance of bonds or other evidence of debt, shall be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations or authorizing the contracting of indebtedness or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects respectively.
The enacting clause of all ordinances passed by the council shall be, "be it ordained by the council of the city of Roanoke." No ordinance, unless it be an emergency measure, shall be passed until it has been read by title at two regular meetings or the requirement of such reading has been dispensed with by the affirmative vote of five-sevenths of the members of the council. Any ordinance introduced and adopted on its first reading at one meeting of the council may be amended and adopted as amended at the next such meeting or subsequent meeting provided that the amendment does not materially change the purpose and character of the proposed ordinance. No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance, or section or subsection as revised or amended. The ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceeding of the council and every ordinance or resolution shall require, on final passage, the affirmative vote of a majority of the members. No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial or personal interests are involved.
In authorizing the making of any public improvements, or the acquisition of real estate or any interest therein; or authorizing the contracting of indebtedness or the issuance of bonds or other evidences of indebtedness (except temporary loans in anticipation of taxes or revenue or of the sale of bonds lawfully authorized); or authorizing the sale of any property or rights in property of the city of Roanoke, or granting any public utility franchise, privilege, lease or right of any kind to use public property or easement of any description or any renewal, amendment or extension thereof, the council shall act only by ordinance unless otherwise permitted by law; provided, however, that after any such ordinance shall have taken effect, all subsequent proceedings incidental thereto and providing for the carrying out of the purposes of such ordinance may, except as otherwise provided in this charter, be taken by resolution of the council. (1952, c. 216; 1956, c. 393; 1970, c. 207; 2002, c. 685)
§ 13. Effective date of ordinances and resolutions; emergency measures.
All ordinances passed by the council shall be in effect upon their passage, except that council may, by the affirmative vote of five-sevenths of its members, pass emergency measures to take effect at the time indicated therein. An emergency measure is an ordinance or resolution immediately necessary, in the discretion of council, for the preservation of the public peace, property, health or safety, or providing for the usual daily operation of the municipal government of or a municipal department, in which measure the emergency shall be set forth and defined in a preamble thereto, or in which measure there is contained a statement of such immediate necessity. Ordinances appropriating money for any such emergency may be passed as emergency measures, but no measure providing for the sale or lease of city property, or making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility, shall be so passed. All resolutions of the council shall be effective upon passage. (1952, c. 216; 1956, c. 393; 1970, c. 207; 2002, c. 685)
§ 14. Record, authentication and numbering of ordinances and resolutions; admission of ordinances and resolutions in evidence.
Every ordinance or resolution upon its final passage shall be recorded in a book kept for the purpose, and shall be authenticated by the signature of the presiding officer and the city clerk. Lack of authentication of any such ordinance or resolution by signature of the presiding officer and the city clerk shall not, of itself, affect the validity of any such measure heretofore or hereinafter duly adopted by the council. The city clerk shall assign every ordinance and resolution adopted by the council a permanent serial number.
A record of entry made by the city clerk or a copy of such record or entry duly certified by the city clerk shall be prima facie evidence of the terms of the ordinance or any amendment thereof and its due publication, or its receipt in quantity as a printed code of ordinances.
All ordinances and resolutions of the council may be read in evidence in all courts and in all other proceedings in which it may be necessary to refer thereto, either from a copy thereof certified by the clerk or from the volume or code of ordinances printed by authority of the council. (1952, c. 216; 1956, c. 393; 1970, c. 207; 1976, c. 573; 1978, c. 77; 2002, c. 685)
§ 15. General powers and duties of the mayor.
The mayor shall preside at meetings of the council, and perform such duties as are imposed upon the mayor by this charter and such other duties consistent with the mayor's office as may be imposed by the council. The mayor shall be entitled to a vote, but shall possess no veto power. The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for military purposes. The mayor may execute all requisite contracts or other legal instruments in writing for and on behalf of the city and perform all other functions or requirements arising from federal or state law, procedure, rules or regulations but these authorizations shall not be construed as conferring upon the mayor administrative or judicial functions. In time of public dangers or emergency, the mayor may, with the consent of the council, take command of the police and maintain order and enforce the laws, and for this purpose may deputize such special police as may be necessary. During the mayor's absence or disability the mayor's duties shall be performed by the vice-mayor of the city.
The powers and the duties of the mayor shall be such as are conferred upon the mayor by this charter, together with such others as may be conferred by the council in pursuance of the provisions of this charter, and no others. (1952, c. 216; 1962, c. 442; 2002, c. 685)
§ 16. Time of holding municipal elections.
A municipal election shall be held on the first Tuesday in May in nineteen hundred seventy-two, and every second year thereafter which shall be known as the regular election for the election of council members. (1952, c. 216; 1962, c. 442; 1972, c. 625; 2002, c. 685)
§ 17. Method of conducting municipal elections.
The candidates at any regular municipal election for the election of council members, equal in number to the places to be filled, who shall receive the highest number of votes at such election, shall be declared elected to the council, and the candidate receiving the highest number of votes for the office of mayor shall be declared elected mayor.
In any such election each voter shall be entitled to vote for as many persons as there are vacancies to be filled, and no more; and no voter shall in such elections cast more than one vote for the same person. (1952, c. 216; 1962, c. 442, 2002, c. 685)
§ 18. Election and terms for Commonwealth's attorney, commissioner of revenue, city treasurer, city sheriff and circuit court clerk.
The attorney for the Commonwealth, commissioner of revenue, city treasurer and city sheriff elected at the general election held in November of 1973, shall hold office until their respective terms expire; thereafter, there shall be elected by the qualified voters of said city, on the Tuesday after the first Monday in November, 1977 and quadrennially thereafter, the following officers: one attorney for the Commonwealth, one commissioner of revenue, one city treasurer, and one city sheriff, who shall hold their offices for the term of four years from the first day of January ensuing their election and until their successors are duly elected and qualified. There shall be elected by the qualified voters of the city on the Tuesday after the first Monday in November, 1979, and every eight years thereafter, one clerk of the Circuit Court of the City of Roanoke, who shall be clerk of all courts of record in this city, whose term shall begin and end as is now, or may hereafter be prescribed by the General Assembly of Virginia. (1952, c. 216; 1972, c. 625; 1974, c. 149; 2002, c. 685)
§ 19. General provisions relating to elections; how elections conducted.
All elections provided for in this charter, except as otherwise provided herein, shall be conducted, and the result canvassed and certified by the regular election officials provided for by the general election laws of the state and all such elections shall be governed by the general election laws. (1952, c. 216; 1956, c. 393; 1970, c. 207)
§ 20. The city manager; appointment, qualifications.
The city manager shall be the administrative head of the municipal government. The city manager shall be chosen by the council without regard to his or her political beliefs and solely upon the basis of executive and administrative qualifications. The choice shall not be limited to inhabitants of the city or State. The city manager shall be appointed for an indefinite period and shall hold office during the pleasure of the council. The city manager shall receive such compensation as shall be provided by the council by ordinance and shall be bonded as the council may deem necessary. During the disqualification or disability of the city manager the council may designate some properly qualified person to perform the duties of the office. (1952, c. 216, 2002, c. 685)
§ 21. Powers and duties of city manager.
The city manager shall be responsible to the council for the efficient administration of all offices of the city. The city manager shall have the power and the duty:
(a) To see that all laws and ordinances are enforced.
(b) Subject to the limitations contained in § 7 of this charter and except as otherwise provided in this charter, the city manager or his or her designees shall appoint a director of finance and such other city officers and employees as the council shall determine are necessary for the proper administration of the affairs of the city, and the city manager or his or her designees shall have the power to discipline and remove any such officer and employee.
(c) To attend all meetings of the council, with the right to take part in the discussion, but having no vote.
(d) To recommend to the council for adoption such measures as he may deem necessary or expedient.
(e) To make reports to the council from time to time upon the affairs of the city and to keep the council fully advised of the city's financial condition and its future financial needs.
(f) To be responsible for the day-to-day operation of the city, and to execute such documents as may be necessary to accomplish the same.
(g) To appoint in writing a city officer reporting to the city manager as acting city manager for a time period not to exceed thirty days when the city manager will be absent from the city.
(h) To acquire on behalf of the city easements, licenses, permits, privileges or other rights of any kind to use property for nominal consideration.
(i) To perform such other duties as are prescribed by this charter or as may be prescribed by the council. (1952, c. 216; 1962, c. 442; 1980, c. 71; 2002, c. 685; 2015, cc. 347, 689)
§ 21.1. Deputy and assistant city managers.
The city manager may appoint a deputy and one or more assistant city managers subject to confirmation by a majority of the members of council. The deputy and assistant city managers shall hold office at the pleasure of the city manager making the appointment. They shall be responsible to the city manager for the administration of all city affairs placed in their charge by the city manager or under this charter. During the absence of the city manager, the deputy or an assistant city manager shall perform the duties of that office unless the city manager has designated in writing some other city officer to serve as acting city manager. (1966, c. 73; 1978, c. 77; 1980, c. 71; 2002, c. 685)
§ 22. Investigations.
The council, the city manager, and any other officer, board or commission authorized by them, or either of them, shall have power to make investigations as to city affairs, and for that purpose to subpoena witnesses, administer oaths, and compel the production of books and papers.
Any person refusing or failing to attend, or to testify or to produce such books and papers, may by summons issued by such board or officer be summoned before the general district court of the city by the board or official making such investigation, and upon failure to give satisfactory explanation of such failure or refusal, may be fined by a judge not exceeding one hundred dollars or imprisoned not exceeding thirty days, such person to have the right to appeal to the circuit court of the city. Any person who shall give false testimony under oath at any such investigation shall be liable to prosecution for perjury. (1952, c. 216, 2002, c. 685)
§ 23. Creation of departments and department heads; deputies and assistants.
The council may by ordinance provide for administrative departments, and when such departments are created may define the functions which such departments are to administer, may provide for the appointment of heads for such departments and define their duties and responsibilities. The council may by ordinance provide for the appointment of one or more assistants or deputies in the offices of the city attorney, the municipal auditor and the city clerk and may define their duties and responsibilities. Such assistants or deputies, when acting in such official capacity, shall possess all of the power and authority and shall be subject to all of the duties and responsibilities given to or imposed upon their respective superiors under this charter. (1952, c. 216; 1956, c. 393; 1974, c. 149; 2002, c. 685; 2015, cc. 347, 689)
§ 24. City clerk.
The city clerk shall be elected at the time, in the manner, and for the term provided by § 9 of this charter. The city clerk may by and with the consent of the council appoint one deputy and such number of assistants as may be provided for by ordinance. The city clerk shall be the clerk of the council; shall keep a record of its proceedings, and either the city clerk or the deputy city clerk shall attend all meetings thereof. The city clerk shall keep all books and papers, which by the provisions of this charter or by direction of the council, are required to be kept by or filed with the city clerk. The city clerk shall be the keeper of the city seal, and shall affix and attest the same when so directed by the council. The city clerk shall transmit copies of all ordinances or resolutions to such officers and persons as are affected thereby. The city clerk shall give information to persons presenting communications or petitions to the council of the final action of the council thereon. The city clerk shall, except as otherwise expressly provided in this chapter, publish or cause to be published, all reports, ordinances, and other documents required by this charter to be published, and also such other reports as the council may by ordinance or resolution direct. The city clerk shall perform such other duties as are required by this charter, and in general shall perform such acts and duties as the council shall by ordinance or resolution require of the city clerk. Any of the duties of the city clerk may be performed by the deputy city clerk. The city clerk and deputy city clerk shall receive such compensation and give such bond as the council may by ordinance provide. (1952, c. 216; 2002, c. 685)
§ 25. (1952, c. 216; repealed 1974, c. 149)
§ 25.1. Director of finance.
The director of finance shall be appointed by the city manager in accordance with § 21 of this charter. The director of finance shall be a person skilled in municipal accounting and financial control.
(a) The director of finance shall have charge of the financial affairs of the city, including such powers and duties as set forth in this charter and as may be assigned by the council by ordinance not inconsistent with the Constitution of Virginia and the general laws of the Commonwealth of Virginia.
(b) The director of finance shall exercise a general fiscal supervision over all the officers, departments, offices, agencies and employees of the city charged in any manner with the assessment, receipt, collection or disbursement of the city revenues, and with the collection and return of such revenues into the city treasury; and the director of finance shall prescribe such system and regulation as is necessary for the proper reporting and accounting for all city revenues and receipts.
(c) The director of finance shall prepare an annual statement, promptly after the end of each fiscal year, giving full and detailed statement of all the receipts and expenditures during the year, which statement the director shall forthwith file with the city manager and shall lay the same before the next meeting of the council. When required by the council, such annual statement shall be certified by independent certified public accountants.
(d) It shall be the duty of the director of finance, each and every month, to prepare a monthly statement, giving a full and detailed account of all moneys received, from what sources and on what account received, and of all moneys ordered to be paid or drawn by check by the director, and on what account the same have been paid; and the director shall deliver such statement to the city manager, and shall lay the same before the council at its next meeting.
(e) The director of finance shall have the power and the authority to use any and all collection methods available to the treasurers of the counties and cities under general law to collect delinquent real estate taxes, provided the responsibility for such collection has been transferred to the director of finance by ordinance adopted by city council. (1974, c. 149; 1994, c. 243; 2002, c. 685; 2015, cc. 347, 689)
§ 25.2. Municipal auditor.
The municipal auditor shall be elected by the council at the time, in the manner and for the term provided by § 9 of this Charter.
(a) The municipal auditor shall have such qualifications as the council shall from time to time establish.
(b) It shall be the duty of the municipal auditor:
(1) To examine and audit all accounts, books and records of the city that reflect transactions involving financial activities of the city, including those for which the city has a responsibility as an agent, custodian or trustee, such audit to be made in a timely manner or as prescribed by ordinance.
(2)To work closely with the Director of Finance in promulgation of systems and procedures employed in the accounting for revenue received and expenditures made by the city.
(3) When so directed by the council, to see to implementation of and to supervise all systems recommended to be established by independent public accountants making audits for city functions.
(4) To report to the Council within sixty days after the close of the fiscal year a summary of the activities of the auditor's office during the preceding fiscal year and to report to the council in writing within sixty days after the completion of an examination of any department, agency or activity of the city, a summary of all findings resulting from the auditor's examination. A copy of each audit report shall be submitted to the council, the city manager and to the department, agency or office audited.
(5) To report immediately in writing to the city manager and to the council any unauthorized, illegal or irregular act or practice discovered affecting or involving public funds or the financial affairs of the city.
(c) In the performance of the auditor's duties, the auditor shall have access at any and all times to all books, records and accounts of each department, office, officer, employee or agency of the city subject to examination or audit by the auditor.
(d) Subject to the provisions of § 9 of this charter, the auditor shall have power to appoint such assistants and employees as the council shall authorize and appropriate funds to provide for.
(e) The municipal auditor shall devote full time and effort to post-audit examinations and reporting and shall receive only such compensation as may be fixed for the position by ordinance of the council. The auditor shall not serve in any capacity on any administrative board, commission, district, or agency of the city, county, or the Commonwealth, nor shall the auditor have a material direct or indirect financial or other economic or personal interest in the transactions of any officer, department, board, commission, district, or other organization for which the auditor is responsible to audit or cause to be audited. The auditor shall not be directly responsible for the collection or any money belonging to the Commonwealth of Virginia, the city of Roanoke, or other political subdivisions of the State or the city, nor shall the auditor be directly responsible for the handling or custody of state or local public funds. Neither the auditor nor any member of the auditor's staff shall engage in or be associated with any partisan political activity or hold any other public office.
The Auditor shall neither conduct nor supervise an audit or post-audit of any office, department, program or activity of the city for which the auditor was responsible or in which the auditor may have participated or been employed during any preceding two years. The council shall provide otherwise for any necessary audit or post-audit of any such office, department, program and activity falling within the proscription of this provision.
The council shall assign to the auditor no administrative or other duties, except such as may be incidental to the objectives and functions of post-auditing or such as do not act to impair the independence of the auditor's audits. (1974, c. 149. 2002, c. 685)
§ 26. City attorney.
The city attorney shall be elected at the time, in the manner, and for the term provided by § 9 of this charter. The city attorney shall be the legal advisor of and attorney and counsel for the city and the school board of the city and for all officers, and departments thereof, in matters relating to their official duties. The city attorney shall prosecute all suits, actions and proceedings for and on behalf of the city and the school board of the city, and defend all suits, actions and proceedings against the same, and shall prepare all contracts, bonds and other instruments in writing, in which the city or the school board of the city are interested or concerned, and shall endorse on each his or her approval of the form and correctness thereof, provided that in the case of bonds to be issued by the city, it shall be sufficient if the city attorney certifies to the council his or her approval thereof as to form in a separate writing, to be filed and preserved with the records of the council.
The council, the city manager, or any officer, board or commission may require the opinion of the city attorney upon any question of law involving their respective powers and duties.
The city attorney shall apply in the name of the city to a court of competent jurisdiction for such injunction or injunctions as may be necessary to restrain and prevent the misapplication of the funds of the city, or the invasion or abuse of its corporate powers, or the usurpation of authority by any city official, or the execution or performance of any contract made in behalf of the city in contravention of law, or which was procured by fraud or corruption.
When an obligation or contract made on behalf of the city granting a right or easement or creating a public duty is being evaded or violated, the city attorney, when directed by council, shall institute and prosecute such suit or suits as may be necessary to enforce the forfeiture thereof, or the specific performance thereof, as the nature of the case may require.
In case any officer, board or commission shall fail to perform any duty required by law, the city attorney shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty.
Whenever the city or school board shall purchase or otherwise acquire real estate or any interest therein, unless other provision is made by the council, the city attorney shall conduct such title examination as he or she deems appropriate before the purchase price thereof shall be paid. The city attorney shall perform such other duties as may be required of him or her by ordinance or resolution of the council. (1952, c. 216; 1977, c. 201; 1980, c. 71; 2002, c. 685)
§ 27. (1952, c. 216; 1954, c. 89; 1972, c. 625; repealed 1974, c. 149)
§ 27.1. (1974, c. 149; repealed 2002, c. 685)
§ 28. (1952, c. 216; 1956, c. 393; 1966, c. 73; 1972, c. 625; repealed 1974, c. 149)
§ 29. (1952, c. 216; 1974, c. 149; repealed 2002, c. 685)
§ 30. (1952, c. 216; repealed 1976, c. 573)
§ 30.1. The City Sergeant's office may be closed on Saturdays upon the order of the senior judge from the point of service of the courts of record in the city. (1954, c. 89)
§ 31. Police department.
The police department shall be composed of a chief of police and such officers, patrolmen and other employees as the council may determine. The chief of police shall have the immediate direction and control of the department, subject, however, to the supervision of the city manager and to such rules, regulations and orders as the city manager may prescribe. The chief of police shall issue all orders, rules and regulations for the government of the whole department. The members of the police department shall be appointed and may be removed by the city manager or the city manager's designee. The council may by ordinance prescribe rules and regulations governing the residence or nonresidence of any or all members of the police department. Each member of the department shall, before entering upon the duties of office, take and subscribe an oath before the city clerk that he or she will faithfully without fear or favor perform the duties of his or her office, and such oath shall be filed with the city clerk and preserved with the records of the clerk's office. And in addition, the officers of the department shall, if so required by the council, give bond in such penalty and with such security as the council may by ordinance prescribe.
No person except as otherwise provided by general law or by this charter shall act as special police, special detective or other special police officer for any purpose whatsoever except upon written authority from the city manager. Such authority, when conferred, shall be exercised only under the direction and control of the chief of police and for a specified time; provided, however, that the council may from time to time designate the maximum number of such special police, special detective or other special police officers.
The officers constituting the police department of the city shall be, and they are, hereby invested with all of the power and authority which pertains to the office of constable at common law in taking cognizance of and in enforcing criminal laws of the state and the ordinances and regulations of the city, and it shall be the duty of each such officer to use his or her best endeavors to prevent the commission within the city of offenses against the laws of the State, and against the ordinances and regulations of the city; to observe and enforce all such laws, ordinances and regulations; to detect and arrest offenders against the same; to preserve the good order of the city, and to secure the inhabitants thereof from violence and the property therein from injury. Except as provided by general law, such officers shall have no power or authority in civil matters, but shall execute any criminal warrant or warrant of arrest that may be placed in their hands by any judge of the city, and shall make due return thereof.
The chief of police shall prescribe the uniforms and badges for the members of the police department, and direct the manner in which the members of the department shall be armed. Any person other than a member of said department who shall wear such uniform or badge as may be prescribed, may be subjected to such fine or imprisonment, or both, as may be prescribed by the council by ordinance. (1952, c. 216; 1966, c. 73; 1970, c. 207; 1980, c. 71; 2002, c. 685)
§ 32. Fire department.
The fire department shall be composed of a chief and such other officers, firefighters and employees as the council may determine. The fire chief shall have immediate direction and control of the department, subject, however, to the supervision of the city manager, and to such rules and regulations and orders as the city manager may prescribe. The city manager shall issue all orders, rules and regulations for the government of the whole department.
The members of the fire department shall be appointed and removed by the city manager or his or her designee. In case of riot, conflagration or emergency, the city manager or his or her designee may appoint additional firefighters and officers for temporary service.
The chief of the fire department and the chief's assistants are authorized to exercise the powers of police officers while going to, attending or returning from any fire or alarm of fire. The fire chief shall prescribe the uniform and badges for the members of the fire department.
Whenever any building in the city shall be on fire it shall be lawful for the chief of the fire department to order and direct such building or any other building that the chief may deem hazardous and likely to communicate fire to other buildings, or any part of such buildings, to be pulled down or destroyed; and no action shall be maintained against the chief or any person acting under the chief's authority or against the city therefor.
The council may establish within the fire department an emergency medical service. (1952, c. 216; 1980, c. 71; 2002, c. 685)
§ 33. The annual budget.
The city manager, at least sixty days prior to the beginning of each fiscal year, shall submit to the council a budget for the ensuing fiscal year. It shall be the duty of the head of each department, the judge of each court, each board or commission, including the school board, and each other office or agency supported in whole or in part by the city, including the commissioner of the revenue, the city treasurer, the sheriff, the attorney for the Commonwealth and clerk of courts to file with the city manager by March 15 of each year estimates of revenue and expenditure for that department, court, board, commission, office or agency for the ensuing fiscal year. Such estimates shall be submitted on forms furnished by the city manager and it shall be the duty of the head of each such department, judge, board, commission, office or agency to supply all the information required to be submitted thereon for the timely preparation of the budget. The city manager shall review the estimates and other data pertinent to the preparation of the budget and make such revisions in such estimates as the city manager may deem proper subject to the laws of the Commonwealth relating to obligatory expenditures for any purpose, except that in the case of the school board budget the city manager may recommend a revision in category totals only.
The budget submitted to the council shall contain the following:
a) An itemized statement of the appropriations recommended with comparative statements showing appropriations made for the current and next preceding year.
(b) An itemized statement of the taxes required and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements of the taxes and other revenues for the current and next preceding year, and of the increases or decreases estimated or proposed.
(c) A fund statement showing a condition of the various appropriations, the amount of appropriations remaining unencumbered, and the amount of revenues remaining unappropriated.
(d) An explanation of the estimates for the ensuing year; also a work program showing the undertakings to be begun and those to be completed during the next year and each of several years in advance.
(e) A statement of the financial condition of the city.
(f) Such other information as may be required by the council.
(g) Such other information as the city manager deems appropriate or advisable.
For any fund, the total proposed expenditures shall not exceed estimated income plus available fund balances that council has specifically approved for designated purposes.
The city manager shall submit to the council with the budget a budget message which shall incorporate the most current statement of the financial condition of the city, shall explain the budget and shall describe its important features. It shall set forth the reasons for salient changes from the previous year in cost and revenue items. As a part of the budget message, with relation to the proposed expenditures for capital projects included in the budget, the city manager shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year. (1952, c. 216; 1956, c. 393; 1962, c. 442; 1970, c. 207; 1981, c. 364; 2002, c. 685; 2015, cc. 347, 689)
§ 34. The annual appropriation.
Before the end of each fiscal year, the council shall pass an annual appropriation ordinance which shall be based on the proposed budget submitted by the city manager, and shall levy such tax for the ensuing fiscal year as in its discretion shall be sufficient to meet all just demands against the city on any account, subject, however, to the provisions and limitations contained in Section 2 and Section 33 of this charter. (1952, c. 216; 1962, c. 442; 1966, c. 73; 1970, c. 207)
§ 35. Fiscal year; determination of when licenses and taxes payable.
The council may determine when the fiscal year of the city shall begin and end, and may change the same from time to time. The council may also determine when city licenses and taxes are payable. (1952, c. 216; 2002, c. 685)
§ 36. Unencumbered balances; money not to be withdrawn or obligations incurred except pursuant to appropriations.
At the close of each fiscal year, or upon the completion or abandonment at any time within the year of any work, improvement, or other object for which a specific appropriation has been made, the unencumbered balance of each appropriation shall revert to the respective fund from which it was appropriated and shall be subject to further appropriation. No money shall be drawn from the treasury of the city nor shall any obligation for the expenditure of money be incurred except pursuant to the appropriations made by the council. (1952, c. 216, 2002, c. 685)
§ 37. City treasurer.
The city treasurer shall be elected at the time, in the manner and for the term provided in § 18 of this charter. The treasurer shall give bond in such sum as the council may prescribe with surety to be approved by the council, conditioned for the faithful discharge of the treasurer's official duties in relation to the revenue of the city, and of such other official duties as may be imposed upon the treasurer by this charter and the ordinances of the city. The treasurer shall collect and receive all city taxes, levies, assessments, license taxes, rents, school funds, fees and all other revenues or moneys accruing to the city, except such as council shall by ordinance make it the duty of some other officer or persons to collect, and for that purpose shall be vested with any and all powers which are now or may hereafter be vested in such city treasurer as collector of state taxes. The treasurer shall be the custodian of all public money of the city, and all other money coming into his hands as city treasurer. The city treasurer shall keep and preserve such moneys in such banks or trust companies as may be determined by ordinance or by the provisions of any law applicable thereto, and may permit securities pledged by the depositories of city funds to be held in custody by the Federal Reserve Bank of Richmond, Virginia, in accordance with any operating circular or circulars of such bank. The treasurer shall perform such other duties, have such powers and be liable to such penalties as are now or may hereafter be prescribed by law or ordinance. For such services the city treasurer shall receive such compensation as the council may from time to time prescribe by ordinance in conformity with general law. (1952, c. 216; 1956, Ex Sess, c. 3; 2002, c. 685)
§ 38. Commissioner of revenue.
The commissioner of the revenue shall be elected at the time, in the manner and for the term provided in § 18 of this charter. The commissioner shall give bond in such sum as the council may by ordinance prescribe, with surety to be approved by the council, conditioned for the faithful performance of all the commissioner's duties under this charter, and under any ordinance of the city. The commissioner shall perform such duties not inconsistent with the laws of the State in relation to the assessment of property and licenses as may be required by the council for the purpose of levying city taxes and licenses. The commissioner shall have power to administer such oaths as may be required by the council in the assessment of license taxes or other taxes for the city. The commissioner shall make such reports in regard to the assessment of both property and licenses, or either, as may be required by the council. The council may by ordinance require that all tax bills shall be made out by the commissioner of the revenue and delivered in such manner as the ordinance may prescribe. For all such services the commissioner of the revenue shall receive such compensation as the council may from time to time prescribe by ordinance in conformity with general law. (1952, c. 216; 2002, c. 685)
§ 39. Vacancies in the office of city treasurer or commissioner of revenue.
In case of any vacancy in the office of the city treasurer or commissioner of the revenue, the council shall select a qualified person to fill the office in which such vacancy occurs for the unexpired term; provided that if the term of office so filled does not expire for two years or more after the next regular municipal election for the election of council members following such vacancy, and such vacancy occurs in time to permit it, a city treasurer or commissioner of the revenue, as the case may be, shall then be elected and shall from and after the date of his qualification succeed such appointee and serve the unexpired term. (1952, c. 216; 2002, c. 685)
§ 40. Contracts for public improvements; purchases.
Any purchase, public work, or improvement, costing more than $50,000, except as provided in the next succeeding section, shall be executed by contract. All contracts for more than $50,000 shall be awarded after public advertisement and competition, as may be prescribed by general law. The city council shall have the power to reject any and all bids, and all advertisements shall contain a reservation of this right. (1952, c. 216; 1970, c. 207; 1989, c. 129; 1990, c. 33; 1997, c. 305; 2002, c. 685)
§ 41. Improvement by direct labor, emergency work.
After bids shall have been advertised for and received for making any public improvement or doing any public work, the council may authorize the making of such improvement or doing such work by the direct employment of the necessary labor and purchase of the necessary materials and supplies on the basis of detailed estimates submitted by the city manager; provided the probable cost of such work of improvements as shown by such estimate is less than the bid of the lowest responsible bidder for the same work improvement; and provided, further, that the city manager shall certify to the council that in his opinion the cost of making such improvement or doing such work will not exceed such estimate. Separate accounts shall be kept of all work and improvements so done or made.
In an emergency requiring immediate action, the city manager may make any purchase or cause any such improvements to be made or other public work to be done by direct employment of the necessary labor and purchase of the necessary material and supplies without previously advertising for or receiving bids therefor. Every such case shall be reported by the city manager in writing to the council at its next regular meeting with a statement of the facts constituting such emergency. Separate accounts shall be kept of all such work; provided that nothing in this or the next preceding section shall prevent the city from doing maintenance and repair work by direct labor and from maintaining a reasonable workforce for that purpose. (1952, c. 216; 1989, c. 129; 2002, c. 685)
§ 42. Alterations or modifications of contracts.
When it becomes necessary in the prosecution of any work or improvement under contract to make alterations or modifications of such contract, such alterations or modifications shall be made on order of the city council. However, when the amount involved in the proposed alterations or modifications does not exceed twenty-five percent of the amount of the contract or $50,000, whichever is greater, such alterations or modifications may be made on the order of the city manager if the funds necessary therefor have been appropriated. No such order shall be effective until the price to be paid for the work and material, or both, and the credits, if any, to be allowed the city, under the altered or modified contract, shall have been agreed upon in writing and signed by the contractor and by the city manager. (1952, c. 216; 1978, c. 77; 1995, c. 292; 2002, c. 685)
§ 43. Public advertising.
All public advertising or publications necessary under this charter shall be in a newspaper of general circulation, published in the city, provided, however, that when the city provides for the regular periodic publication of an official bulletin of general circulation independent of any newspaper, advertising or publication therein shall be sufficient except where otherwise required by law. (1952, c. 216; 1956, c. 393)
§ 44. Actions against the city for damages.
No action shall be maintained against the city for injury to any person or property or for wrongful death alleged to have been sustained by reason of the negligence of the city or of any officer, agent or employee thereof, unless a written statement by the claimant, his agent, attorney or representative, of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received, shall have been filed with the city attorney, the mayor, or city manager, within six months after such cause of action shall have accrued, except if the complainant during such six-month period is able to establish by clear and convincing evidence that due to the injury sustained for which a claim is asserted that he was physically or mentally unable to give such notice within the six-month period, then the time for giving notice shall be tolled until the claimant sufficiently recovers from such injury so as to be able to give such notice. (1952, c. 216; 1976, c. 573; 2002, c. 685)
§ 45. Laying out of streets.
No property within the corporate limits of the city or within three miles of such limits (or five miles as provided by Article 2, Chapter 23, of Title 15 of the Code of Virginia, 1950, except as to any lands within the overlapping boundaries under the jurisdiction of any incorporated town as defined by said Article), as now or hereafter established, shall be laid out with streets, alleys or public easements or ways thereon, except in accordance with such rules, regulations and provisions which may have been or hereafter be established, from time to time, by ordinance of the city council. To provide for the proper and orderly development of the city and its environs the council shall have the power, by ordinance, to make and enforce rules, regulations and provisions for the laying out of such streets, alleys, public ways or easements and shall have power to require, by the recordation of plats or otherwise, that the title to land so laid out shall thereby vest in the city or in such county as the land may be situate.
Notwithstanding anything in this section contained, the city shall not be liable for any accidents or injuries which may occur or be sustained upon any street, alley, boulevard or way, heretofore or hereafter laid out, until and unless the street, alley, boulevard or way shall have been accepted by the city, and the approval of any plan or plat shall not be taken as an acceptance by the city of any street, alley, boulevard, way or public place shown on such plan or plat. (1952, c. 216; 2002, c. 685)
§ 46. (1952, c. 216; 1962, c. 442; repealed 1976, c. 573)
§ 47. Bond issues; borrowing in anticipation of issuance of bonds.
(a) The council may, in the name and for the use of the city, cause to be issued bonds for any one or more of the following purposes: To provide for parks and other recreational purposes, water supply, water works, electric lights or other lighting system, suitable equipment against fire, or for erecting or improving bridges, viaducts, school buildings, jails, city halls, fire houses, libraries, museums, and other public buildings, incinerators, auditoriums, armories, airports and equipment and furnishings for same; to provide for hospitals and clinics, a local bus transportation system to operate on regular schedules; grading, paving, repaving, curbing, or otherwise improving any one or more of the streets or alleys, or widening existing ones; or to provide for locating, instituting and maintaining sewers, drains and culverts or any other permanent public improvement; to provide for the acquisition of automobiles, trucks and other automotive and movable equipment or a revolving fund for the establishment of a pool of automobiles, trucks and other automotive and movable equipment. No such bonds shall be issued under this charter except by an ordinance or a resolution adopted by a recorded affirmative vote of a majority of all members elected to council. Any bonds issued under this charter may be dated, may mature at such time or times not exceeding forty years from their date or dates, may be subject to redemption or repurchase at such price or prices and under such terms and conditions and may contain such other provisions, all as determined before their issuance by the council or in such manner as the council shall provide. Any such bonds may bear interest payable at such time or times and at such rate or rates as determined by the council or in such manner as the council may provide, including the determination by reference to indices or formulas or by agents designated by the council under guidelines established by it. The council may fix the denomination or denominations of the bonds and the place or places of payment. Any such bonds may be issued in registered or book entry form, or in any combination of such forms, as the council may determine. The council may sell any bonds authorized under the provisions of this charter in such manner, either at public or private sale, and for such price as the council may determine. All proceeds received by the city from the sale of bonds issued under this charter shall be deposited and invested in accordance with the provisions of the Public Finance Act of 1991, as from time to time amended.
(b) The council, in its discretion, may require that an ordinance adopted by the council authorizing the issuance of general obligation bonds, as defined by the Public Finance Act of 1991, as may from time to time be amended, be approved by the affirmative vote of the majority of the qualified voters of the city voting on the question at an election for such purpose to be called, held and conducted in accordance with an ordinance or a resolution adopted by the council providing for such election.
(c) In no case shall the city issue any bonds or other interest-bearing obligations which, including existing indebtedness, shall at any time exceed ten percent of the assessed valuation of the real estate in the city subject to taxation, as shown by the last preceding assessment for taxes. In determining the limitation for the city there shall not be included the classes of indebtedness described in paragraphs (1), (2), (3) and (4) of subsection (a) of Section 10 of Article VII of the Constitution of Virginia.
(d) The said council shall determine the form and the manner of execution of the bonds. Any bonds issued under the provisions of this charter may bear or be executed with the facsimile signature of any official authorized to sign or to execute such bonds. If any law shall provide for the sealing of bonds with the official or corporate seal of the city, a facsimile of such seal may be imprinted on the bonds, and it shall not be necessary in such case to impress such seal physically upon such bonds.
In case any officer whose signature or a facsimile of whose signature shall appear on any bonds shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Any such bond may bear the facsimile signature of, or may be signed by, any person who at the actual time of the execution of such bonds shall be the proper officer to sign such bond although at the date of such bond such person may not have been such officer. When all signatures on bonds are facsimiles, the bonds must be authenticated by an agent appointed by the council or in such manner as the council may provide.
(e) In anticipation of the issuance of bonds under the provisions of this section or under the provisions of the Public Finance Act of 1991, as from time to time amended, and of the receipt of the proceeds of sale of such bonds, the council may, in the name and for the use of the city, by an ordinance or a resolution adopted by the council, cause to be borrowed money for the purpose for which such bonds have been authorized and within the maximum authorized amount of the bond issue. Negotiable notes shall be issued for all moneys borrowed in anticipation of the issuance of bonds under this section or of the Public Finance Act of 1991, as from time to time amended. The ordinance or resolution authorizing any such borrowing shall specify the maximum rate of interest to be paid by the city on such notes, and such notes shall mature and be paid within five years from the date of their original issuance. Any such notes may be extended or refinanced from time to time, provided that no note issued upon any such extension or refinancing shall mature later than five years from the date of the original issuance of such notes. The city may, in its discretion, retire any such loans by means of current revenues, special assessments, or other funds, in lieu of retiring them by means of bonds, and may, thereafter, provide for the issuance of the maximum amount of bonds that has been authorized without reduction by the amount of such loans retired in such manner. The issuance of such notes and other details thereof shall be governed by provisions of the ordinance or the resolution of the council authorizing such borrowing, not inconsistent with the provisions contained in this section.
(f) Notwithstanding any other provision of law, the council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the city are assessed, levied and collected, a tax upon all taxable property within the city, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on any general obligation bonds or notes of the city issued under the provisions of this charter to the extent other funds of the city are not lawfully available and appropriated for such purpose.
(g) All such bonds shall be deemed to be negotiable instruments under the laws of the Commonwealth and are made securities in which public officers and bodies of the Commonwealth, counties, cities and towns and municipal subdivisions of the Commonwealth, insurance companies and associations, savings banks, savings institutions, savings and loan associations, trust companies, beneficial and benevolent associations, administrators, guardians, executors, trustees and other fiduciaries in the Commonwealth may properly and legally invest funds under their control. (1952, c. 216; 1962, c. 442; 1966, c. 73; 1970, c. 207; 1985, c. 136; 1992, c. 258; 2002, c. 685)
§ 48. (1952, c. 216; repealed 2002, c. 685)
§ 49. (1952, c. 216; 1974, c. 149; repealed 2002, c. 685)
§ 50. Special assessments.
All local or special assessments shall be made and collected as council shall prescribe by ordinance and in accordance with law, and such special assessments shall have priority over all other claims or liens, whether prior or subsequent thereto. (1952, c. 216)
§ 51. Lien of taxes.
There shall be a prior lien on all real estate and on each and every interest therein for the city taxes as assessed thereon, from the commencement of the year for which they were assessed, and also for all local assessments which may be made thereon according to law. There shall also be a lien on any land or premises for the amount of expense incurred by the city in abating any nuisance thereon or cutting or removing weeds therefrom, after notice to the owner thereof by publication or otherwise as may be provided by ordinance; provided, however, that the lien for the amount of any such local assessment or for the expense of abating any nuisance or cutting or removing weeds from any premises shall not be good against a purchaser of land or premises for value without notice except and until from the time that the same shall be recorded in records or books kept for that purpose in the office of the city clerk and recorded and indexed in the office of the clerk of the circuit court in the name of the person or persons owning such estate or land at the time the lien accrued. The council may require such real estate in the city delinquent for the non-payment of taxes, or assessments or expenses incurred as above provided, to be sold for taxes or assessments or expenses, with interest thereon at the maximum rate authorized by general law of the Commonwealth, and such percentage as may be prescribed for charges; and the council may regulate the terms on which the real estate so delinquent may be sold or redeemed. (1952, c. 216; 1982, c. 399; 2002, c. 685)
§ 52. Distraint and sale of goods and chattels for unpaid taxes; payment of taxes by tenants or fiduciaries.
All goods and chattels of any person against whom taxes for the city are assessed may be distrained and sold for taxes when due and unpaid in the same manner and to the same extent that goods and chattels may be distrained and sold for state taxes.
A tenant by whom payment is made or from whom payment is obtained, by distress or otherwise, of taxes or levies due the city, by a person under whom he holds, shall have credit for the same against such person out of the rents he may owe him, except when the tenant is bound to pay such taxes and levies by an express contract with such persons. And where taxes or levies are paid to the city by any fiduciary on any estate in his hands or for which he may be liable, such taxes and levies shall be refunded out of the estate. (1952, c. 216; 1977, c. 201; 1980, c. 71; 2002, c. 685)
§ 53. License taxes.
(a) License taxes may be imposed by ordinance on businesses, trades, professions, and callings and upon the persons, firms, associations and corporations engaged therein and the agent thereof, except in cases where taxation by the localities shall be prohibited by the general law of the State, and nothing herein shall be construed to repeal, or amend any general law of the State with respect to taxation.
(b) The council may require every person, firm or corporation using or operating a cart or motor vehicle on the streets of the city to secure a license and to pay a tax therefor, whether such vehicle is used or operated for compensation or not.
(c) The council may subject any person, firm or corporation who or which without having obtained a license therefor, shall follow any business, occupation, vocation, trade, pursuit, calling, or shall do any other act for which a license is required by this section, to such fine or penalty as it is authorized to impose for any violation of its laws.
(d) The council may, in its discretion, determine whether or not the commissioner of the revenue shall receive fees for issuing and transferring city licenses, and it may fix the amount of such fees and change the same from time to time; provided, however, that no such fees shall be payable out of the city treasury, but shall be paid by the person obtaining the license or transfer, and such license or transfer may be withheld by the commissioner of the revenue until such fees are paid.
(e) Council may provide by ordinance for revoking any license for failure to comply with conditions upon which same is granted. (1952, c. 216; 2002, c. 685)
§ 53.1. Rehabilitation Incentive Program.
Council shall be authorized to establish by ordinance a grant program to encourage the rehabilitation and use of older residential, commercial and industrial buildings, for the improvement and revitalization of the city. Such ordinance shall specify the age of buildings and type and extent of rehabilitation qualifying for rehabilitation grants, shall establish a formula for determining the amounts of such grants, which shall be related to the value added to the buildings by renovation, and shall set the time and procedure for payment, which may be in one lump sum or in installments. (1978, c. 77)
§ 54. School board members.
The city shall not be subdivided into school districts, but for the purpose of the election and qualification of school board members of the School Board of the City of Roanoke shall be considered as one district. Seven (7) members shall be elected by council as prescribed by ordinance, and they and shall serve the city at large.
The members of the school board now in office shall continue until the end of the terms for which they were elected. (1952, c. 216; 2002, c. 685)
§ 55. (1952, c. 216; repealed 2002, c. 685)
§ 56. Powers and duties of the school board.
The school board members of the city school board shall be a body corporate under the name and style of the School Board of the city of Roanoke, and shall have all of the powers, perform all of the duties and be subject to all of the limitations now provided, or which may hereafter be provided by law in regard to school boards of cities and except that all real estate with the buildings and improvements thereon heretofore or hereafter purchased with money received from the sale of bonds of this city, appropriated by the council or received from any other source for the purpose of public education, shall be the property of the city of Roanoke, unless such money so received from any other source be received on other conditions. The school board shall transmit to the council and to the city manager a detailed statement of all moneys received by the board or placed to its credit. Separate accounts shall be kept by the board of moneys appropriated by the council, and moneys received from other sources, and every such statement shall show the balance of each class of funds on hand or under control of the board as of the date thereof.
The school board shall on or before March 15 each fiscal year prepare and submit to the council or its designee for its information in making up its proposed annual budget a detailed estimate, in such form as the council or its designee shall require, of the amount of money required for the conduct of the public schools of the city for the ensuing fiscal year, with an estimate of the amount of all funds which will probably be received by the board for the purpose of public education from sources other than appropriations by the council.
The council may, at its discretion, by ordinance provide for an audit of the affairs and records of the school board by the municipal auditor or by any other competent person or firm selected by the council. (1952, c. 216; 1956, c. 393; 1962, c. 442; 1978, c. 77; 1981, c. 364; 2002, c. 685; 2015, cc. 347, 689)
§ 57. Extraterritorial jurisdiction of the city and general district court.
The city shall have and may exercise all police power granted by general law or this charter with respect to city-owned land and property lying beyond the corporate limits of the city.
The general district court of the city shall have jurisdiction of all offenses committed within one mile from the corporate limits of the city against its ordinances prescribing rules and regulations, and penalties for violation of such rules and regulations, relating to city-owned land and property beyond its corporate limits. Beyond such one-mile limit, the general district court having criminal jurisdiction in the municipal corporation wherein the offense was committed, or the general district court of the county wherein such offense was committed shall have jurisdiction of offenses against the aforesaid ordinances of the city committed more than one mile from its corporate limits; and appeals may be taken in such cases to the court of record having jurisdiction in said other municipality, or county. All fines and costs assessed upon conviction in such other jurisdictions shall be paid into the treasury of the county or municipality wherein the offense was committed and tried. (1952, c. 216; 1966, c. 73; 1976, c. 573; 2002, c. 685)
§ 57A. Clerks of court.
Notwithstanding any provision of general law, the clerk of the circuit court of the city shall be paid a salary as provided by law, which salary shall be in full compensation for services and shall be in lieu of the retention by such clerk of any and all official fees and commissions of whatever kind or character, and from whatever source derived, and the council shall provide for the payment of such salary out of the treasury of the city. The expenses of the office of such clerk, including compensation of deputies and employees, shall be likewise paid out of the treasury of the city on duly authenticated vouchers, when and as such expenses are incurred, or may become due and payable.
All fees and commissions of every kind or character received or collected by such clerk, and from whatever source derived, shall be paid into the treasury of the city. All fees and commissions of every kind and character, whether payable by the State, the United States, or by private persons, firms or corporations, now or hereafter receivable by law or ordinance by such clerk, shall continue to be paid to and collected by him, and shall be paid into the treasury of the city. The city shall not be required to pay any such clerk any fees or commissions for services performed for such city. (1982, c. 399)
§ 58. Ownership and custody of books, records, et cetera.
All books, records and documents used by any city officer, or employee, attorney for the commonwealth, commissioner of the revenue, clerk of court, or treasurer for this city, in his office or pertaining to his duties shall be deemed the property of the city, and the chief officer in charge of such office shall be responsible therefor. Any such officer or person made by this section responsible for the keeping of such books, records and documents shall, within ten days after the end of his term of office, or within ten days after the date of his resignation or removal from office, as the case may be, deliver to his successor or the city clerk, as may be proper, all such records and documents. Any such officer or person failing to deliver such books, records or documents, as required by this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned not exceeding six months, or both, in the discretion of the court or jury before whom the case is tried. (1952, c. 216; 2002, c. 685)
§ 59. Qualification of members of the council and other officials.
The members of the council before entering upon the duties of their respective offices shall each take the oaths prescribed by the laws of this State for state officers. Such oaths may be administered by any judge of a court of record within the city, and the certificate thereof shall be filed with the city clerk and entered upon the journal of the council. Every other person elected or appointed to any office under this charter or under any ordinance of the council shall before entering upon the duties of office take and subscribe oaths together with such other oaths as may be required by ordinance, before any person authorized to administer an oath, and the certificate of the same shall be filed in the office of the city clerk. The clerk of the circuit court of the city shall notify all persons elected by the people under this charter of their election, and the city clerk shall notify all persons elected by the council of their election. If any person elected to any office in the city shall after receiving notice of election fail to take such oaths and give such bonds, with surety, as may be required by law or ordinance, he shall be considered as having declined such office, and the same shall be deemed vacant, and such vacancy shall be filled according to the provisions of this charter. (1952, c. 216; 1976, c. 573; 2002, c. 685)
§ 60. Bonds of officers and employees.
Except in the case of officers whose bonds are specially provided for by this charter, the council in fixing the salary of any officer, clerk or employee of the city, shall determine whether such officer, clerk or employee shall give bond and the amount or penalty thereof. All officers required by this charter to give bond, and all officers, clerks and employees of whom bond is required by the council shall, before entering upon their respective duties, give bond with surety to be approved by the council, conditioned for the faithful performance of the duties of their respective offices, which bond, unless otherwise specially provided by this charter, shall be payable to the said city, and in such penalty as the council may by ordinance prescribe. The council shall accept as surety on any such official bond only a good solvent surety or fidelity company authorized to do business in this State. The council may provide that the premium on any such bond shall be paid by the city. The sureties on the bond of any such officer shall be equally liable for the acts of any deputy or deputies of such officer as for those of such officer himself. Unless otherwise specially provided in this charter, all such bonds shall be filed with and preserved by the city clerk. The parties to bonds taken in pursuance of this section shall be subject to the same proceedings on such bonds for enforcing the conditions and terms thereof by motion or otherwise before the circuit court of the city, as are now or may hereafter be provided by law in the case of collectors of the county levy and the sureties on their bonds for enforcing payment of the county levies. (1952, c. 216; 1976, c. 573; 2002, c. 685)
§ 61. (1952, c. 216; 1976, c. 573; repealed 1989, c. 129)
§ 62. Zoning.
(a) For the promotion of health, safety, morals, comfort, prosperity, or general welfare of the general public, the council may, by ordinance, divide the area of the city into one or more districts of such shape and area as may be deemed best suited to carry out the purposes of this act, and in such district or districts may establish, set back building lines, regulate and restrict the location, erection, construction, reconstruction, alteration, repair or use of buildings and other structures, their height, area and bulk, and percentage of lot to be occupied by buildings or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence and other specific uses of the premises in such district or districts. Any ordinance enacted under the authority of this act may exempt from the operation thereof any building or structure used or to be used by a public service corporation (not otherwise exempted) as to which proof shall be presented to the city that the exemption of such building or structure is reasonably necessary for the convenience or welfare of the public.
(b) All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.
(c) Such regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(d) The council shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, conducted in conformity with state law, at which parties in interest and citizens shall have an opportunity to be heard.
(e) Such regulation, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed.
(f) In order to facilitate the creation of a convenient, attractive and harmonious community, the council may, after recommendation from the planning commission and public notice and hearing pursuant to state law, establish design overlay districts to encourage compatible development in areas of the city identified on an adopted comprehensive plan as having historic value or unique architectural value and located within an area designated on an adopted plan for conservation, rehabilitation or redevelopment. In such areas, city council shall adopt specific standards as to new construction or rehabilitation within view from public streets and provide for a design review process. City council may establish a fee applicable to such design review process which shall not exceed the actual cost of such review process or $200.00, whichever is less.
(g) The council shall appoint a commission to be known as the planning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.
(h) In case any building or structure is erected, constructed, reconstructed, altered, repaired, or converted; or any building, structure or land is used in violation of this act or of any ordinance or other regulation made under authority conferred hereby, the proper authorities of the city, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
(i) Such regulations shall be enforced by the division of building inspection which is empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this or the preceding paragraph. The owner or general agent of the building or premises where a violation of any provision of such regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violations shall exist shall be guilty of a misdemeanor, punishable as permitted by state law. In any case of the existence of a violation of any provision of such regulations the owner, lessee, tenant or agent shall be subject to a civil penalty as permitted by state law. (1952, c. 216; 1978, c. 77; 1989, c. 129; 1991, c. 449; 1991, c. 466; 1993, c. 706; 1994, c. 243, 2002, c. 685)
§ 62.01. Board of zoning appeals.
(a) The council may appoint a board of zoning appeals, and in the regulations and restrictions adopted pursuant to the authority of this act may provide that the board of zoning appeals may, in appropriate cases and subject to appropriate conditions and safeguards, vary the application of the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained.
(b) The board of zoning appeals shall consist of seven members, each to be appointed for a term of three years and removable for cause by the council, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
(c) The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this act. Meetings of the board shall be held at the call of the chairman and such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board, and shall be a public record.
(d) Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken in the manner provided by state law by filing with the officer from whom the appeal is taken and with the board of zoning appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.
(e) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of zoning appeals after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of zoning appeals or by a court of record on application therefor, following notice to the officer from whom the appeal is taken and on due cause shown.
(f) The board of zoning appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(g) The board of zoning appeals shall have the following powers:
(1) To hear and decide appeals from any order, requirement, decision, or determination made by an administrative official in the administrative enforcement of this charter or of any ordinance adopted pursuant thereto.
(2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance.
(3) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, provided that the spirit of the ordinance shall be observed and substantial justice done.
(h) In exercising the above-mentioned powers such board may, in conformity with the provisions of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(i) The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
(j) Any person or persons, jointly or severally, aggrieved by any decision of the board of zoning appeals, or any officer, department, board or bureau of the municipality, may present to a court of record of the city a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board.
(k) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of zoning appeals to review such decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.
(l) The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(m) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceeding upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(n) Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
(o) All issues in any proceeding under this section shall have preference over all other civil actions and proceedings, except where otherwise provided by general law. (2002, c. 685)
§ 62.02. Architectural Review Board.
The council shall appoint an Architectural Review Board. Such board may be authorized to delegate to an agent its authority to issue any certificate of appropriateness. The agent, pursuant to such delegation, shall act only upon an application completed pursuant to the applicable city ordinance, and shall apply the same guidelines and review standards applicable to the board. Any person aggrieved by any decision of the agent made pursuant to this delegation may appeal to the board within a reasonable time as provided by city ordinance by filing with the board a notice of appeal specifying the grounds thereof. A decision of the board may be appealed to the city council and thereafter to the circuit court pursuant to the provisions of the Code of Virginia. (2002, c. 685)
§ 62.1. Authority of city council to impose civil penalties for wrongful demolition of historic buildings.
(a) Notwithstanding the provisions of any state law which authorizes civil penalties for the violation of a local zoning ordinance, city council may adopt an ordinance which establishes a civil penalty for the demolition, razing or moving of a building or structure without obtaining any required demolition permit and certificate of appropriateness when such building or structure is located within any historic zoning district of the city. The penalty established by the ordinance shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the building or structure, as determined by the city real estate tax assessment at the time of the demolition.
(b) An action seeking the imposition of such a penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury.
(c) The defendant, within twenty-one days after the filing of the petition, may file an answer and, without admitting liability, agree to restore the building or structure as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition shall be dismissed from the court's docket.
(d) Nothing in this section shall preclude any other action by the zoning administrator or by the city, as authorized by law, either by separate action or as a part of the petition seeking a civil penalty. (1991, c. 449; 2002, c. 685)
§ 63. Power to appoint boards or commissions of citizens.
The council may provide for the appointment of boards or commissions, to be composed of such number of citizens as the council may deem expedient to act in an advisory capacity in conjunction with any one or more of the officers of the city. The members of all such commissions shall serve without compensation, unless otherwise provided by law. (1952, c. 216; 2002, c. 685)
§ 64. Working prisoners and other persons convicted of offenses.
Subject to the general laws of the State regulating the working of those convicted of offenses against the State, the council shall have the power to provide by ordinance for the supervision, management, and control of persons convicted of violating the laws of the Commonwealth of Virginia or the ordinances of the city of Roanoke who are referred to the city for public service work by courts of record and not of record. (1952, c. 216; 1981, c. 364)
§ 65. Pensions, relief and retirement funds.
The council shall maintain and preserve the systems for the pension, relief and/or retirement of employees of the city existent on the effective date of this charter and none of the privileges and benefits provided for or available to the members of such systems shall be curtailed or lessened; provided, however, that the council shall, from time to time, by ordinance, make such reasonable changes in such systems as will keep them actuarially sound and may, likewise, increase the privileges and benefits provided for or available thereunder to the members thereof; and provided, further, that the council may, at any time, limit the operation of such systems to those employees who are members thereof on the effective date of such limitation.
The council of the city shall continue to have authority to establish and maintain a fund or funds for the pension, relief and/or retirement of persons in the service of the city; to receive gifts, devises and bequests of money or property for the benefit of such fund or funds; to make contributions of public moneys thereto on such terms and conditions as it may see fit; and to make rules and regulations for the management, investment and administration of such fund or funds not inconsistent with this charter.
In addition, the council shall have authority, by ordinance, to provide for the participation of the city and its employees, the employees of the school board and the employees of any board or commission established by the council, in any welfare, relief, retirement, or security program established by the Congress of the United States or by the General Assembly of Virginia.
The council may, in its discretion, provide for participation in any pension or retirement fund by any deputies or employees of the commissioner of the revenue, treasurer, Commonwealth's attorney, the clerk of courts or city sergeant, whose salaries are paid in whole or in part by the city, and allow them to participate in any such welfare, relief, retirement or security program. (1952, c. 216; 2002, c. 685)
§ 66. General laws to apply.
All general laws of the State applicable to municipal corporations now in existence or hereafter enacted and which are not in conflict with the provisions of this charter or with ordinances or resolutions hereafter enacted by the council pursuant to authority conferred by this charter shall be applicable to the city; provided, however, that nothing contained in this charter shall be construed as limiting the power of the council to enact any ordinance or resolution not in conflict with the Constitution of the State or with the express provisions of this charter. (1952, c. 216; 2002, c. 685)
§ 67. Attorney for Commonwealth to prosecute violations of ordinances.
The attorney for the Commonwealth shall prosecute the violations of all city ordinances, both in the general district court and upon appeal, and shall notify the city attorney in all such prosecutions in which the validity of a city ordinance is attacked. (1952, c. 216; 1976, c. 573; 2002, c. 685)
§ 68. Present ordinances and rules and regulations continued in effect.
All ordinances and resolutions of the city and all rules, regulations and orders legally made by any department, board, commission or officer of the city, in force at the effective date of this charter, insofar as they or any portion thereof are not inconsistent therewith, shall remain in force until amended or repealed. (1952, c. 216)
§ 69. Continuance of officials and officers.
Except where this charter may otherwise provide, all officials and officers of the city holding office immediately prior to the effective date of this charter, whether such office be elective or appointive, shall continue in such office until the expiration of their respective current term of office or until their respective successors shall have been elected or appointed and qualified or until such office may be lawfully terminated. (1952, c. 216)
§ 70. Continuance of internal organization of the city.
Except where this charter may otherwise provide, the several departments, commissions, boards and other administrative units of the city functioning at the effective date of this charter are hereby continued until otherwise provided by ordinance. (1952, c. 216)
§ 71. Continuance of contracts.
All contracts entered into by the city or for its benefit prior to the taking effect of this charter shall continue in full force and effect. All public works begun prior to the taking effect of this charter shall be continued and completed hereunder. Public improvements for which legislative steps shall have been taken under laws in force at the time this charter takes effect may be carried to completion in accordance with the provisions of such laws. (1952, c. 216)
§ 72. Partial invalidity.
If any clause, sentence, paragraph, or part of this charter shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of the charter, but shall be confined in its operations to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (1952, c. 216; 2002, c. 685)
§ 73. Citation of charter.
This charter may for all purposes be referred to or cited as the Roanoke Charter of 1952. (1952, c. 216)
Editor's note: Complete amendments listing for the City of Roanoke:
Charter, 1952, c. 216.
Amendments to current charter
1954, c. 89 (§§ 27, 30.1 [added])
1956, c. 393 (§§ 2, 4, 12, 13, 14, 19, 23, 28, 33, 43, 56)
1956, Extra Session, c. 3 (§ 37)
1962, c. 442 (§§ 2, 4 through 8, 10, 15, 16, 17, 21, 33, 34, 46, 47, 56)
1966, c. 73 (§§ 2, 4, 5, 6, 8, 21.1 [added], 28, 31, 34, 47, 57)
1970, c. 207 (§§ 2, 12, 13, 14, 19, 31, 33, 34, 40, 47)
1972, c. 625 (§§ 4, 6, 8, 9, 10, 16, 18, 27, 28)
1974, c. 149 (§§ 1 [repealed], 1.1 [added], 2.1[added], 7, 8, 9, 18, 23, 25 [repealed], 25.1 [added], 25.2 [added], 27 [repealed], 27.1 [added], 28 [repealed], 29, 49)
1976, c. 573 (§§ 1.1, 10, 14, 30 [repealed], 44, 46 [repealed], 57, 59, 60, 61, 67)
1977, c. 201 (§§ 6, 8, 26, 52)
1978, c. 77 (§§ 14, 21.1, 42, 53.1 [added], 56, 62)
1980, c. 71 (§§ 2.2 [added], 10, 21, 21.1, 26, 31, 32, 52)
1981, c. 364 (§§ 33, 56, 64)
1982, c. 399 (§§ 51, 57A [added])
1985, c. 136 (§ 47)
1989, c. 129 (§§ 2, 6, 40, 41, 61 [repealed], 62)
1990, c. 33 (§ 40)
1991, c. 466 (§ 62)
1991, c. 449 (§§ 2, 62, 62.1 [added])
1992, c. 258 (§ 47)
1993, c. 706 (§62)
1994, c. 243 (§§ 25.1, 62)
1995, c. 292 (§ 42)
1997, c. 305 (§ 40)
2002, c. 685 (§§ 1.1, 2.1, 2.2, 3, 4 through 18, 20 through 24, 25.1, 25.2, 26, 27.1 [repealed], 29 [repealed], 31, 32, 33, 35, 36, 37 through 42, 44, 45, 47, 48 [repealed], 49 [repealed], 51, 52, 53, 54, 55 [repealed], 56, 57, 58, 59, 60, 62, 62.01 [added], 62.02 [added], 62.1, 63, 65, 66, 67, 72)
2015, cc. 347, 689 (§§ 8, 9, 21, 23, 25.1, 33, 56)