§ 4. Additional powers of council.  


Latest version.
  • The town council shall have the following additional powers:

    (1)

    Motor vehicles and for-hire vehicles. To control, regulate, limit and restrict the operation of motor vehicles, carrying passengers for hire upon the streets or alleys of the town; to regulate the use of automobiles and other automotive vehicles upon the streets; to regulate the routes in and through the town to be used by motor vehicle carriers and to prescribe different routes for different carriers; to prohibit the use of certain streets by motor trucks; to prescribe parking regulations on any or all streets and alleys; to close any street or alley temporarily to the use of heavily loaded motor vehicles, which cause, especially in inclement weather, the said street or alley to become unfit for use by lighter vehicles or pedestrians.

    (2)

    Street names; street numbers; traffic control signs. To give names to and alter the names of streets; to require the owners of houses in said town to place in public view the street number of said house or building as established in an orderly manner by the council; and to erect in a suitable manner such signs at the intersection of the streets or alleys as will plainly show the name of said streets and alleys and to install and operate appropriate traffic control signs at the intersections of said streets and alleys.

    (3)

    Establishment, etc., of streets, golf courses, parks, sewers, bridges, etc.; shade trees; obstruction of streets; operation of vehicles; speed limits; making streets attractive. The town shall have the power to acquire, establish, enter, open, widen, extend, grade, improve, construct, maintain, and clear public highways, sidewalks, boulevards, parkways, and alleys, and to alter, vacate, or close the same; to establish and maintain parks, golf courses, playgrounds and public grounds and to keep them lighted and in good order; to construct, maintain and operate bridges, viaducts, subways, tunnels, sewers and drains, and to regulate the use of all such highways, parks, public grounds and works; to plant and maintain or remove shade trees along the streets and upon such public grounds; to prevent the obstruction of such streets and highways; to regulate the operation and speed of cars and vehicles within said streets and highways within the town and for a distance of one mile from the limits thereof; and to do all other things whatsoever adapted to make said streets and highways convenient and attractive.

    (4)

    Eminent domain as to rights-of-way. The said town shall have the authority within or without the town to exercise the power of eminent domain with respect to securing proper and necessary rights-of-way, or other rights, for streets and other public conveniences in said town.

    (5)

    Permit for excavations in street. The said town shall have the right to require anyone desiring to excavate in or along the border of any of said streets, highways or alleys to secure a permit from the mayor, or such person as the council may designate for such excavation, and to punish violations of any ordinance in this respect.

    (6)

    Occupation of or encroachment upon streets, etc., without consent of council or franchise. In every case where a street, alley, park or public property of the town had been or shall be occupied or encroached upon by a fence, building, porch, projection, or otherwise, without first obtaining consent therefor from the town council, or a franchise therefor, such occupancy or encroachment shall be deemed a nuisance, and the owner or occupant of the premises encroaching, upon conviction of so doing, shall be punished as provided for violations of ordinances herein before, and each day's continuance of said occupancy or encroachment, after due notice from the mayor, shall constitute a separate offense; and the town council may require the owners of the premises encroaching, if known, or if not known, the occupant thereof, to remove the encroachment within a reasonable time, and if such removal be not made within the time prescribed by the council, to cause the encroachment to be removed and collect from the owner or occupant all reasonable charges therefor with costs by the same processes that they are authorized by law to collect taxes. No encroachment upon any street or alley, however long continued, shall constitute any adverse possession to, or confer any rights upon, the person claiming thereunder, as against the town.

    (7)

    Corporate limits. The town council shall have the power to extend or contract the corporate limits of the town as provided by the constitution and general law of Virginia in force at the time.

    (8)

    Town plan. The council may adopt a town plan, showing the streets, highways, and parks heretofore laid out, adopted, and established, and such town plan shall be final with respect to the location, length, and width of such streets and highways, and the location and dimensions of such parks. Such town plan is hereby declared to be established for the promotion of the health, safety, and general welfare. Upon the adoption of the town plan, or any amendment thereto, a certificate to that effect, together with a plat, shall be filed immediately with the clerk of every county affected by such town plan and amendment.

    (9)

    Diversion of streams. To divert the channels of creeks and flowing streams and for that purpose to acquire property by condemnation.