Chapter 6. Powers and Duties of City: Fire and Police Departments*

 

*Code references—Fire division, § 19-16 et. seq.; police, Ch. 31.
 
 
Sec. 37. City council—Adoption of rules; appointments of officers and clerks; discipline of members; journal; open and secret meetings; compelling attendance of witnesses.
 
The council shall have authority to adopt such rules and appoint such officers and clerks as it may deem proper for the regulation of its proceedings, and for the convenient transaction of business may compel the attendance of absent members, may punish its members for disorderly behavior, and by a vote of two-thirds of its members may expel a member for malfeasance or misfeasance in office. It shall cause a journal of its proceedings and its meetings to be kept and its meetings shall be open except when recorded vote of two-thirds of the members present, the council shall decide that the public welfare requires secrecy. The council in any investigation held by it may order the attendance of any person as a witness and the production by any person of any proper books and papers. Any person refusing or failing to attend or testify or produce such books and papers, may be summoned by the council before the judge of the municipal court or other officer having the powers of the justice of the peace of the city, and upon failure to give a satisfactory excuse, may be fined by him not exceeding the sum of one hundred dollars, or imprisoned not exceeding thirty days, such person to have the right of appeal, as in cases of misdemeanor, to the corporation court of said city. Such witness may be sworn by the officer presiding at such investigation and shall be liable for prosecution for perjury for any false testimony given at such investigation.
 
 
Sec. 38. Same—Powers enumerated.
 
The council shall have all the general powers vested in it by the Constitution and laws of the state, and it shall have power to enact ordinances provided for the exercise within its jurisdiction of all police powers which the state itself may exercise under the Constitution, except such as may be specially denied cities by Act of the General Assembly; and shall further have power:
 
First. Control, etc., of city affairs; group, etc., insurance. To control and manage the fiscal and municipal affairs of the city, and all property, real and personal, belonging to the city, and make such ordinances, orders and bylaws, relating to the same as it may deem proper and necessary; and to provide for group, life, health and accident insurance on the lives and persons of the weekly payroll or salaried employees of the city on such terms as it may deem proper, and to make appropriation out of the city treasury to cover such portion of the cost of such insurance as it may deem wise and proper.
 
Second. Purchase, sale, etc., of property. To purchase, hold, sell and convey all real and personal property necessary for its uses and purposes.
 
Third. Markets; sale of food; hucksters and junk dealers. To establish markets in the city and regulate the same, and to enforce such regulations in regard to the keeping and sale of fresh meat, vegetables, eggs and other green groceries, and the trade of hucksters and junk dealers, as may be deemed advisable.
 
Fourth. Houses of correction; care of poor. To erect in or near the city limits suitable workhouses, houses of correction or reformation, and houses for the reception and maintenance of the poor and destitute. It shall possess and exercise exclusive authority over all persons within the limits of the city receiving the benefits of the poor law; appoint officers and other persons connected with any institution or house which it may establish, and regulate pauperism within the limits of the city, and the council, through a board of overseers of the poor, or such other agencies as it may appoint for the direction and management of the poor of the city, shall exercise the powers and perform the duties vested by law in overseers of the poor.
 
Fifth. Erection, etc., of public buildings, etc.; recreation facilities. To erect and keep in order all necessary public buildings; to establish and regulate public squares, airports, playgrounds and parks in or near the city, and to acquire by purchase, condemnation, or otherwise, the land it may deem necessary for such uses, and to construct in such public squares, playgrounds or parks, as it may maintain, or upon any city property, stadiums, swimming pools and recreation or amusement buildings, structures or enclosures of every character, refreshment stands, restaurants, etcetera; and to charge for admissions, and use of same, and to rent out or lease the privileges of construction or using such swimming pools, recreation or amusement building, structures or enclosures of every character, refreshment stands, or restaurants, etcetera.
 
Sixth. Establishment, etc., of gasworks and waterworks. To establish, maintain and enlarge waterworks or gasworks within or without said city; to contract with the owners of land, water and riparian rights, for the use or purchase thereof, or to have the same condemned for the location or enlargement of said works, or the pipes and fixtures thereof, and to acquire by purchase or condemnation such quantity of the watershed land adjacent to the intake or source of supply as in the judgment of the said council may be necessary to insure a sufficient supply of water of said city, and to protect the same from pollution; to acquire by purchase or condemnation from lower riparian owners the right to divert streams into the present or any future reservoir; to prevent the throwing of filth or offensive matter in the James River within six miles of the city limits, and to protect said water supply, works, pipes, reservoirs and fixtures, whether within or without the city, against injury and pollution, by appropriate ordinances and penalties, to be enforced as are other ordinances of said city.
 
Seventh. Supply, etc., of electricity. To establish or acquire by purchase and to maintain and operate within or without the corporate limits suitable works for the generation of electricity for illumination or other purposes, and to supply the same to consumers in or near the city at such price and on such terms as it may prescribe, and to that end may contract with owners of land and water power for the use thereof, or may have the same condemned.
 
Eighth. Other public utilities, etc. To establish, or acquire by purchase, such other public utilities, abattoirs and other enterprises, either within or without the city, as may in its judgment be in the public interest, and to that end may contract with owners of land, with or without buildings, for the use or the purchase thereof, or may have the same condemned.
 
Ninth. Authority over streets, etc., generally. To take care, supervision and control of streets, squares and commons, and to close, vacate, abandon, extend, widen, narrow, lay out, pave, graduate, improve and otherwise alter the streets in said city; have the streets properly lighted and kept in good order; make or construct sewers or public ducts through the same wherever else they may deem expedient; build bridges in or culverts under said streets or alleys, prevent or remove obstructions or encroachments over, under or in the same; plant shade trees along the same, and prevent the cumbering of streets, alleys, walks, public squares, lanes or bridges in any manner whatever.
 
Tenth. Authority over railroads. To permit railroads to be built and to determine and designate the route and grade thereof; to permit poles for electrical, telephone, or telegraph purposes to be erected; gas and steam pipes and conduits for wires to be laid in the streets, and to prescribe an annual license charge for the privileges granted hereunder; and to levy an annual inspection charge upon all such poles, pipes and conduits; to regulate the speed of engines and cars upon the railroads within the city, and to wholly exclude the same where the welfare of the city may demand it.
 
Eleventh. Weights and measures—Generally. To provide for the weighing of hay, fodder, oats and shucks or other long forage, ice, coal and livestock, and the measuring of wood and lumber.
 
Twelfth. Same—Sealing. To require every merchant or trader in property of any description which is sold by measure or weight, to have his weights and measures sealed by the city sealer, or other officer designated to perform such duties.
 
Thirteenth. Public Schools. To provide for aid in the support or maintenance of public free schools; to appoint the school board for the city, and to designate the age of pupils to be admitted into the public schools and the grade of such schools.
 
Fourteenth. Aid to various organizations. To grant aid to military companies and to contribute to the support of a band maintained within the city, to associations for the advancement of agriculture or the mechanic arts, to scientific, literary, educational or benevolent organizations or institutions and to public libraries, provided such action is not prohibited by the Constitution of the state, and that all such societies, organizations or institutions be located in or near the city; and provided further, that no appropriation for any such purposes shall be made, nor shall aid be otherwise granted through exemption from charge for use of water or light facilities or otherwise, either with or without charge beyond the city limits, unless two-thirds of all the members elected to the council vote therefor.
 
Fifteenth. Health and sanitation generally. To secure the inhabitants from contagious, infectious or other dangerous diseases; to establish a quarantine ground; to provide and maintain hospitals; to compel the removal of patients to same; to appoint and organize a board of health or a department of public welfare; to define its duties, and grant to it the necessary authority effectually to discharge them.
 
Sixteenth. Registration of births and deaths. To provide for the registration of births in the city, and to that end may require physicians, midwives, or parents to report the same to the board of health or department of public welfare under such regulations as it may deem proper.
 
Seventeenth. Burial places. To provide, in or near the city, lands to be used as burial places for the dead, to improve and care for the same and the approaches thereto, and to charge for and regulate the use of ground therein; to prohibit the burial of dead within the city and to regulate public cemeteries, and to require the return of bills of mortality by the keepers of all cemeteries in or near the city.
 
Eighteenth. Abatement of nuisances; regulation of keeping of animals and fowl; regulation of transportation of articles through streets; regulation of dry closets. To compel the abatement and removal of all nuisances within the city, or upon property owned by the city beyond its limits, at the expense of the person or persons causing the same, or of the owner or occupant of the ground or premises whereon the same may be; to require all lands, lots and other premises within the city to be kept clean, sanitary and free from weeds or to make them so at the expense of the owners or occupants thereof; to regulate or prevent slaughterhouses or other noisome or offensive business within the said city; the keeping of animals, poultry or other fowl therein, or the exercise of any dangerous or unwholesome business, trade or employment therein; to regulate the transportation of all articles through the streets of the city; to compel the abatement of smoke and dust; to prevent unnecessary noise therein; to regulate the location of stables and the manner in which (they) shall be kept and constructed; to provide means for and to regulate the cleaning of all dry closets and to assess against the owner or occupant of the premises on which the same is located a reasonable charge therefor, which shall be collectible as any other city taxes, and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, safety, comfort, convenience and welfare of the inhabitants of the city.
 
Nineteenth. Party walls and fences. To authorize and regulate the erection of party walls and fences, and to prescribe how the cost thereof shall be borne by coterminous owners.
 
Twentieth. Fire prevention; discharge of firearms. To direct the location of all buildings for storing explosives or combustible substances; to regulate the sale and use of gunpowder, nitroglycerine, fireworks, kerosene oil or other like material; to regulate the exhibition of fireworks, the discharge of firearms and the making of bonfires in the streets and yards.
 
Twenty-first. Prevention of fowl and animals running at large. To prevent fowl and animals being kept in or running at large in the city, and to subject the same to such taxes, regulations and confiscations as it may think proper.
 
Twenty-second. Regulation of traffic; flying kites in streets; prevention of punishment to animals. To prevent the riding or driving of horses or other animals at improper speed; to regulate the use of automobiles and other automotive vehicles upon the streets in accordance with law; to prevent the flying of kites, throwing of stones, or engaging in any sort of employment in the public streets which is dangerous or annoying to passers-by, and to prohibit and punish the abuse of animals.
 
Twenty-third. Drunkards, vagrants, etc. To restrain and punish drunkards, vagrants and mendicants.
 
Twenty-fourth. Prevention of vice and immorality; preserve the peace; prevention of gambling. 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 and gambling houses and gambling devices of all kinds; to prevent the carrying on of lotteries of all kinds and the conducting of raffles; to prevent lewd, indecent and disorderly conduct or exhibitions in the city, and to expel therefrom persons guilty of such conduct who have resided therein less than one year.
 
Twenty-fifth. Prevention of certain persons coming into city. To prevent the coming into the city of persons having no ostensible means of support, or of persons who may be dangerous to the peace and safety of the city, and for this purpose may require any railroad company bringing such passengers into the city to enter into bond, with approved security, that such persons shall not become chargeable to the city for one year, or may compel such company to take them back from whence they came, or compel such persons to leave the city if they have been in the city more than six months before the order is given.
 
Twenty-sixth. Regulation of certain businesses and occupations. To regulate and control auction sales, livery stables, garages, gasoline filling stations, slaughterhouses, theatrical performances or other public shows or exhibitions, the hiring or use for pay of carriages, carts, wagons and drags, automobiles and other automotive vehicles, and the business of hawkers, peddlers, persons selling goods by sample, persons keeping billiard tables, tenpin alleys and pistol galleries for profit, and all other similar businesses and occupations and employments, and as to such trades, occupations and employments and any other of a like nature, may grant or refuse license as it may deem proper.
 
Twenty-seventh. Right to work prisoners. To compel persons sentenced to confinement in the jail of the city for petty larceny or other misdemeanor or other violations of the city ordinances to work on the public streets, parks or other public works of the city or on the city farm, or be sent to the poorhouse, there to perform such labor as the overseers of the poor or officer having charge of such department may direct; and on the requisition of the judge of the municipal court it shall be the duty of the sergeant of the city to deliver such persons to the duly authorized agent of the city for such purposes from day to day as he may be required.
 
Twenty-eighth. Division of government into departments; creation, etc., of offices. To divide the administrative work of the city into such departments as the council, in its judgment, may deem proper and to appoint a city engineer, city surveyor, city electrician, a collector of city taxes, a city attorney and an auditor, and such other officers and employees as it may deem proper and necessary, and to prescribe their respective powers and duties, terms of office and compensation; and all such officers may have such assistants and clerks as the council may approve. Any office which the council has the power to fill by appointment or election it may abolish or declare vacant at any time whether the term of office of the incumbent has expired or not; and it may likewise at any time consolidate any such office with any other of the offices that the council has the power to fill by election or appointment, or it may consolidate any such office with any office to which the incumbent is elected by the voters of the city, provided that the fire and police departments shall not be abolished. When a vacancy occurs in any office to which the incumbent is elected by the council, the council is empowered to fill the vacancy, and when such vacancy occurs otherwise than by the regular expiration of the term of the incumbent the election shall be only for the unexpired term.
 
Twenty-ninth. Ward boundaries and number. To change the boundaries of wards and increase the number thereof.
 
Thirtieth. Street names. To give names to or alter the names of streets.
 
Thirty-first. Unsafe buildings. To make such regulations and orders as will protect its citizens from unsafe houses or walls, and to that end it shall have the power to cause to be condemned and taken down any such building or wall, but no such condemnation shall be made or such house or wall taken down until the owner thereof, or in case of an infant or insane person, his guardian or committee, be duly summoned before the board of officers of the city, or the committee of the council thereof charged by the ordinances with such duty, and allowed reasonable opportunity to show cause against such action.
 
Thirty-second. Building Code and set-back lines. To provide for the regular and safe construction of houses in the city for (the) future, and to provide a complete Building Code for the city and to provide set-back lines on the streets beyond which no building may be constructed.
 
Thirty-third. Further provisions as to buildings; zoning and planning. To designate and prescribe from time to time the parts of the city within which no buildings of wood shall be erected, and to regulate the construction of buildings in the city so as to protect it against danger from fire; and to enact an ordinance dividing the city into zones under the provisions of the state law; and to provide for a planning commission and defined its powers.
 
Thirty-fourth. General penalty. To prescribe penalties for the violation of any city ordinance, rule or regulation, but not exceeding any penalty established by the Commonwealth for a similar offense. (HB1615, 3-25-99).
 
Thirty-fifth. Authority to pass ordinances, etc. To pass all bylaws, rules and ordinances not repugnant to the Constitution and laws of the state which it may deem necessary for the good order and government of the city, the management of its property, the conduct of its affairs, the peace, comfort, convenience, order, morals, health and protection of its citizens, or their property, and do such other things and pass such other laws as may be necessary or proper to carry into full effect any power, authority, capacity, or jurisdiction, which is or shall be granted to or vested in said city, or in the council, court or officers thereof, or which may be necessarily incident to a municipal corporation.
 
Thirty-sixth. Publication of ordinances generally. To provide for the due publication in the newspapers or otherwise of its ordinances and resolutions.
 
Thirty-seventh. Building or improving roads, etc., leading into city. To contribute funds or other aid to the building or improvements of permanent public roads leading to the city, or of bridges on such roads, or to the purchase of bridges on such roads by an affirmative vote of at least two-thirds of the members elect of the council, provided that no such appropriation shall be made toward the building, purchase, or improvement of any road or bridge at a point more than forty miles beyond the corporate limits of the city measured along the route of such road.
 
Thirty-eighth. Ordinances to be published; exceptions. No ordinance or section of ordinance hereafter passed or amended by the council for the violation of which any penalty is expressly imposed in the ordinance or section of ordinance, as passed, shall take effect until the same shall have been published for five days consecutively in one of the daily newspapers of the said city to be designated by the city council; provided, however, that this requirement as to publication shall not apply to an ordinance merely granting to a person some individual right or privilege, nor to any ordinance reordained or amended in or by a compilation or codification of said ordinances, nor to the amendment of any ordinance, or section thereof, where no specific penalty for the violation thereof is provided in the ordinance or section of ordinance as amended or re-enacted, where the penalty for the violation of such ordinance or section of ordinance so amended or re-enacted is only the penalty imposed by the general ordinances of the city for the violation of the city, or is only the penalty imposed for violation of any of the provisions of an ordinance, where only one or more of the sections of said ordinance are so amended or re-enacted; and provided, further, that in cases where the council adopts ordinances or sections of ordinances which are substantially the same as state statutes or sections thereof, dealing with the same subject, it shall not be necessary to publish said ordinance or sections thereof, but it shall be sufficient to publish a notice that certain statutes of the state or sections thereof, have by ordinance been adopted by the city council, said notice to cite the act of the Assembly or sections in the Virginia Code which have been so paralleled and adopted by the council, and said notice shall further give a brief description of the subject matter of the ordinance or section thereof so adopted.
 
The record or entry made by the clerk of said city, or a copy of such record or entry duly certified by him, shall be prima facie evidence of the fact and time of such publication; and all laws, regulations and ordinances of the city council may be read in evidence in all courts of justice and all proceedings before any officer, body or board in which it shall be necessary to refer thereto, either from a copy thereof certified by the clerk of said council or from the volume of ordinances printed by authority of the city council. (Acts 1930, ch. 10, p. 10; Acts 1934, ch. 278, p. 429; Acts 1938, ch. 183, p. 271)
 
 
Sec. 38-a. Codification of ordinances; further exceptions requiring publication of certain ordinances.
 
(1) Notwithstanding any provision of section 38, or of any other sections of the Charter of the City of Lynchburg, as amended, it shall be unnecessary, whenever the council of such city shall codify, recodify, revise or amend any existing ordinance or ordinances or enact any new ordinance or ordinances of said city, and cause the same, or any part thereof, to be printed at one time or from time to time in book or pamphlet form, to publish in a newspaper or otherwise any new, revised or amended ordinance or ordinances, or any other ordinance or ordinances, or any codification or recodification of any ordinance or ordinances contained in any book or pamphlet, and all new, revised or amended ordinances, codifications or recodifications contained in any such book or pamphlet shall take effect at such time, but not less than thirty days after the same have been printed in such book or pamphlet form, as may be prescribed by the council by ordinance.
 
(2) Notwithstanding any provision of paragraph (1) of this section or of section thirty-eight, or of any other section of the Charter of the City of Lynchburg, as amended, it shall be unnecessary to either publish in a newspaper or otherwise, or to print in a book or pamphlet form any ordinance or ordinances of said city which prohibit or regulate traffic or parking on any designated street or streets, or other designated area or areas, or which prohibit or regulate the dumping of trash or other matter, or which prohibit or regulate any other specified activity or activities in or near any designated streets, areas, buildings or other locations; provided, however, such signs are present, within or near such streets, areas, buildings or other locations, as to apprise an ordinarily observant person of such prohibitions or regulations, and such ordinance or ordinances shall take effect at such time, but not before the signs called for in said ordinance or ordinances have been erected, as may be prescribed by the council by ordinance. (Acts 1942, ch. 235, p. 345; Acts 1950, ch. 253, p. 438)
 
Code reference—Code of ordinances, § 1-1.
 
 
Sec. 38-b. Authority of city to exercise right of eminent domain.
 
(1) In order to carry out more effectually the powers conferred by this charter, the City of Lynchburg is hereby expressly authorized to acquire by condemnation proceedings instituted in the corporation court of the City of Lynchburg, or in the circuit court of the City of Lynchburg, if the subject lies or is situated within the city, and if not within the city, in the circuit court of the county in which subject lies, land or any interest therein, any right, easement, or estate of any person or corporation therein, whenever in the opinion of its council a public necessity exists therefor, which shall be expressed in the ordinance or resolution directing such acquisition, whenever the City of Lynchburg cannot agree on terms of purchase or settlement with those entitled to such subject because of the incapacity of such owner, or some one of the owners, or because of the inability to agree upon the compensation to be paid, or other terms of settlement or purchase, or because the owner, or some one of the owners, of the subject proposed to be acquired is a non-resident of this State, or cannot with reasonable diligence be found in this State, or is unknown. If the subject is situated partly within the city and partly within the county, the circuit court of such county shall have concurrent jurisdiction in such condemnation proceedings with the courts of the city hereinbefore enumerated. The judge or the court exercising such concurrent jurisdiction shall appoint five disinterested freeholders, any or all of whom may reside either in such county or in the city, any three of whom may act, as provided by law.
 
(2) In addition to the procedure prescribed by general law for the exercise of the power of eminent domain, the council of the city may, by such ordinance or resolution, direct the acquisition of such property and provide therein in a lump sum the total estimated necessary funds to compensate the owners thereof for the property or properties to be acquired or damaged. Upon the adoption of such ordinance or resolution the city may file a petition in the clerk's office of any of the courts hereinbefore enumerated, which shall be signed by the mayor, vice-mayor or city manager and shall set forth the interest or estate to be taken in the property and the uses and purposes for which the property or the interest or estate therein is wanted, or when no property is to be taken but is likely to be damaged, the necessity for the work of improvement which will cause or is likely to cause damage to the property or estate of any person. There shall also be filed with the petition a plat of a survey of the property with a profile showing cuts and fills, trestles and bridges, if any, and a description of the property which, or an interest or estate in which, is sought to be taken or likely to be damaged and a memorandum showing the names and residences of the owners of the property, if known, and showing also the quantity of property which, or an interest or estate in which, is sought to be taken or will be or is likely to be damaged. There shall be filed also with said petition a notice directed to the owners of the property, if known, copies of which shall be served on such owners or on tenants of the freehold of such property, if known. If such owner or tenant of the freehold be unknown or a nonresident of the state and cannot with reasonable diligence be found in this state, or if the residence of such owner or tenant be unknown, he may be proceeded against by order of publication, which order, however, need not be published more than once a week for two successive weeks and shall be posted at a main entrance to the courthouse. The publication shall in all other aspects conform to section 8-71, 8-72 and 8-76 and 25-46.10 of the Code of Virginia. Upon the filing of said petition and the deposit of the funds provided by the council for the purpose, in a bank to the credit of the court in such proceedings and the filing of a certificate of deposit therefor, the interest or estate of the owner of such property shall terminate and the title to such property or interest or estate of the owner shall be absolutely vested in the city in fee simple and such owner shall have such interest or estate in the funds so deposited as he had in the property taken or damaged and all liens by deed of trust, judgment or otherwise upon said property or estate shall be transferred to such funds and the city shall have the right to enter upon and take possession of such property for its uses and purposes and to construct its works of improvement. The clerk of the court in which such proceeding is instituted, unless such court shall also be the court in which deeds are admitted to record, shall make and certify a copy of the petition, and any exhibits filed therewith, notice and orders and deliver or transmit the same to the clerk of the court in which deeds are admitted to record. The clerk of the court in which deeds are admitted to record shall record the same in his deed book and index them in the name of the person or persons who had the property before and in the name of the city, for which he shall receive the same fees prescribed for recording a deed, which shall be paid by the city. If the city and the owner of property so taken or damaged agree upon compensation therefor upon filing such agreement in writing in the clerk's office of such court, the court or judge thereof in vacation shall make such distribution of such funds as it may seem right, having due regard to the interest of all persons therein, whether such interest be vested, contingent or otherwise, and to enable the court or judge to make a proper distribution of such money it may in its discretion direct inquiries to be taken by a special commissioner in order to ascertain what persons are entitled to such funds and in what proportions and may direct what notice shall be given of the making of such inquiries by such special commissioner. If the city and the owner cannot agree upon the compensation for the property taken or damaged, if any, upon the filing of a memorandum in the clerk's office of said court to that effect, signed by either the city or the owner, the court shall appoint commissioners provided for in section 25-46.20 of the Code of Virginia, or as provided for in this section, and shall in this order appointing such commissioners designate the day and hour for them to meet, and all proceedings thereafter shall be had as provided for in Sections 25-46.20 through 25-46.34 of the Code of Virginia, or as provided in Section 15-1..236 thereof, insofar as they are then applicable and are not inconsistent with the provisions of this Act, and the court shall order the deposit in bank to the credit of the court such additional funds as appear to be necessary to cover the award of the commissioners or shall order the return to the city of such funds deposited that are not necessary to compensate such owners for property taken or damaged. The commissioners so appointed shall not consider improvements placed upon the property by the city subsequent to its taking nor the value thereof nor the enhancement of the value of said property by the erection of said improvements in making their award.
 
(3) In all cases under the provisions of this Act, the enhancement, if any, in value of the remaining property of the owner by reason of the construction or improvement contemplated or made by the city, shall be offset against the damage, if any, resulting to such remaining property of such owner by reason of such construction or improvement, provided such enhancement in value shall not be offset against the value of the property taken; and provided further, that if such enhancement in value shall exceed the damage, there shall be no recovery over against the owner for such excess.
 
(4) Whenever any money shall have heretofore remained or shall hereafter remain for five years in the custody or under the control of any of the courts hereinbefore enumerated in any condemnation proceedings instituted therein by the city under this section or the general law, without any claim having been asserted thereto, such court shall, where the amount is one hundred dollars or more, cause a publication to be made once a week for two successive weeks in a newspaper of general circulation in the city, setting forth the amount of such money, the source from which it was derived and the proceedings in which it is held, and requiring all persons having any claim to said money to appear before said court within such time after the completion of the publication as the court may prescribe and establish their claim. If the sum be less than one hundred dollars, the court shall direct the same to be paid into the treasury of the city, and a proper voucher for the payment taken and filed among the records of the proceeding. If no person shall appear and show title in himself, the court shall order the money, after deducting therefrom the costs of such publication if such publication is made, and any other proper charges, to be paid into the treasury of the city and a proper voucher for the payment to be taken and filed among the records of the proceeding. The city comptroller shall, in a book provided for the purpose, keep an account of all money thus paid into the city treasury, showing the amount thereof, when, by whom, and under what order it was paid, and the name of the court, and, as far as practicable, a description of the suit or proceeding in which the order was made, and as far as known, the names of the parties entitled to said funds. Money thus paid into the treasury of the city shall be paid thereout to any person titled thereto, who has not asserted a claim therefor in the proceeding in which it was held, on the order of the court having jurisdiction of such proceeding, upon satisfactory proof that e is entitled to such money. If such claim be established, the net amount thereof, after deducting costs and other proper charges, shall be paid to the claimant out of the treasury of the city on the warrant of the city comptroller. No claim to such money shall be asserted after ten years from the time when such court obtained control thereof; provided, however, if the person having such claim was an infant, insane, or imprisoned at the time the claim might have been presented or asserted, claim to such money may be asserted within five years after the removal of such disability. (Acts 1947, Ex. Sess., ch. 5, p. 15; Acts 1968, ch. 22, p. 49)
 
 
Sec. 38-c. Authority of city to acquire school property within and without city limits.
 
The city shall have authority to acquire by purchase, eminent domain, grant, or otherwise, property within the city or without the city for a distance of one mile from the corporate limits thereof for school purposes; provided, however, that no property for such purpose outside the city shall be acquired that is held for, or devoted to, county school purposes or other public use; and the school board of the city shall have the same control over school property outside the city, the title to which is vested in the city, as it exercises upon like property within the corporate limits. Procedure in any condemnation proceedings brought under authority of this section shall be as prescribed in section thirty-eight-b of this Charter. (Acts 1948, ch. 130, p. 300)
 
 
Sec. 38-d. Redevelopment and housing authority.
 
Notwithstanding any of the provisions of the Housing Authorities Law (§ 36-1, et seq., of the Code of Virginia, as amended), the members of the council of the City of Lynchburg, Virginia, during their respective terms of office as councilmen, are authorized and empowered to act as the commissioners of the Lynchburg Redevelopment and Housing Authority, whenever the said council shall adopt a resolution declaring:
 
(a) The need for an Authority to function in the City of Lynchburg; and
 
(b) The determination that the members of the council of the City of Lynchburg, shall act as the commissioners of the said Authority.
 
Should the council determine to act as the commissioners of the Lynchburg Redevelopment and Housing Authority as above provided, it shall designate which of the commissioners shall be the chairman of the Authority, and four commissioners shall constitute a quorum of the said Authority for the purpose of conducting its business and exercising its powers and for all purposes, and action may be taken by the Authority upon the vote of a majority of the Commissioners present, unless in any case the bylaws of the Authority shall require a larger number. The determination of the council made hereunder and any determination that may be made by the Authority as constituted hereunder shall be effective without the prerequisite of an election being held to determine the question as provided by the Housing Authorities Law.
 
Nothing herein contained shall be construed to prevent the council and the Authority from otherwise proceeding under and in accordance with the Housing Authorities Law. (Acts 1950, ch. 253, p. 438; Acts 1956, ch. 244, p. 263)
 
 
Sec. 38-e. Authority of council to regulate excavations and lateral supports of land.
 
In addition to such powers as the council may have under the provisions of section thirty-eight, or any other section or sections of the Charter of the City of Lynchburg, as amended, or of any provisions of the general law, it shall have authority to limit the depth of any future excavations within the city and to regulate the rights and duties of adjoining property owners as to the lateral support of land and improvements thereon. (Acts 1950, ch. 253, p. 439.)
 
 
Sec. 38-f. Residence of officers and employees.
 
Except as otherwise provided in this Charter, the council shall have the power to provide by ordinance the length of prior residence in the city, if any, which shall be required as a qualification for employment of regular, permanent officers and employees of the city, or any of them; and whether such officers and employees, or any of them, shall be required to reside within the city during their tenure in such office or employment. (Acts 1968, ch. 22, p. 52)
 
 
Sec. 38-g. Powers relating to public transportation.
 
In addition to the powers granted by other sections of this Charter, the city shall have the power to acquire, operate, lease or otherwise provide for the operation of a public transportation system, including, by way of illustration but not limitation, the operation of passenger buses, both within and outside the City of Lynchburg, including providing for transportation of pupils attending public schools operated by the School Board of the City of Lynchburg; provided, however, that the operation of any such system outside the City of Lynchburg shall be only with the consent of the governing body of the political subdivision in which such operation is to occur. (Acts 1974, ch. 22, p. 38)
 
 
Sec. 38-h. Power relating to public museum.
 
The city shall have the authority to provide for and operate public museums and to acquire by purchase or gift, sites, landmarks, structures and all appropriate items for preservation and exhibition. The council shall have the power to appoint such boards, commissions and agencies as it deems appropriate to administer and regulate the operation of such museums. (Acts 1974, ch. 22, p. 38)
 
 
Sec. 38-i. Police jurisdiction of city-owned lands, buildings and structures located outside its corporate limits.
 
The powers set forth in § 15.1-887 of the Code of Virginia, as in force on January one, nineteen hundred seventy-four, are hereby conferred on and vested in the City of Lynchburg; provided, however, as to such facilities located outside the municipal corporation, that these powers shall be limited to jurisdiction over water supplies and facilities; and, airports and lands, structures, equipment and facilities appurtenant thereto, as provided in §§ 15.1-875 and 15.1-885. (Acts 1974, ch. 22, p. 38)
 
 
Sec. 39. Police and fire departments; department of public safety.
 
There shall be a police department and a fire department, which may be incorporated into one department known as the "department of public safety," with the director therefor to be appointed by the city manager.
 
First. (a) Police department. The city manager shall, through the director of the department of public safety, if such department be established, appoint a chief of police whose duties and bond shall be such as the council may ordain. The city manager shall further, on nomination of the chief of police, through the director of the department of public safety, if such office be established, appoint such number of policemen as may be authorized by the council.
 
(b) The chief of police and policemen appointed as hereinbefore provided, shall constitute the police force of the city and shall hold their respective positions during good behavior or until they are removed by the city manager.
 
(c) The police force shall be under the control of the city manager for the purpose of enforcing peace and executing the laws of the state and ordinances of the city. It shall perform such other duties as the council may prescribe. For the purpose of enabling it to execute its duties, every member thereof is hereby made a conservator of the peace and endowed with the powers of a constable in criminal cases, and with such other powers under the laws of the state as may be necessary to the discharge of the duties of his office.
 
(d) The director of the department of public safety, if such department be established, or the chief of police, if there be no such department, may, with the approval of the city manager, in time of public emergency or at such times as there are an insufficient number of regular policemen to preserve the peace, safety and good order of the community, appoint and equip a sufficient number of special policemen to preserve the peace, safety and good order of the community. The director of the department of public safety, if such department be established, or the chief of police, if there be no such department, shall also appoint such employees of the city as may be designated by the city manager to be special policemen who, while in the performance of their official duties, shall have the powers and duties of policemen. The director of the department of public safety, if such department be established, or the chief of police, if there be no such department, may, with the approval of the city manager, upon the application of any individual, firm or corporation showing the necessity thereof, appoint one or more special policemen to be paid by the applicant who shall have the powers and duties of policemen while in or on the premises of such applicant or in the actual performance of the duties for which employed. The appointment of any special policeman shall be revocable at any time by the director of the department of public safety, if such department be established, or by the chief of police, if there be no such department.
 
(e) The pay of the said police and the said special police employed by the city shall be prescribed by the council, but the uniforms, rules and regulations of said police force and of all special police shall be prescribed by the city manager or by the director of public safety with the approval of the city manager.
 
Second. (a) Fire department. The city manager shall, through the director of the department of public safety, if such department be established, appoint a chief engineer of the fire department, whose pay, duties and bond shall be such as the council may ordain. The city manager shall further, upon the nomination of the chief engineer, appoint such number of firemen as may be authorized by the council. Vacancies in the force of firemen shall be filled in like manner. The chief engineer and firemen shall retain their positions during good behavior or until they are removed by the city manager.
 
(b) The pay for the said members of the fire department shall be prescribed by the council, but the uniforms, rules and regulations of the said members of the fire department shall be prescribed by the city manager, or by the director of public safety with the approval of the city manager. (Acts 1946, ch. 381, p. 721; Acts 1952, ch. 163, p. 176)
 
Code reference—Department of public safety, § 2-189 et. seq.
 
Last updated date: 10/23/2006 4:15:21 PM