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<br />GENERAL ORDINANCES 9
<br />production by any person of all proper books and papers, when,
<br />in any investigation by such body, such attendance and investi-
<br />gation is necessary and proper. Summons to attend as a wit-
<br />ness or to produce books and papers shall be in writing, signed
<br />by the presiding officer of the Council, and shall be served by a
<br />member of the police force in the same manner as a process to
<br />commence an action at law. Such witnesses shall be sworn by
<br />the officer presiding at the investigation, and shall be liable to
<br />the penalties for perjury or false testimony at such investigation.
<br />Any person failing or refusing to obey such summons, and re-
<br />fusing to testify, or produce such books or papers, may be sum-
<br />moned before the Civil and Police Justice and upon failure to
<br />give satisfactory excuse shall be fined in a sum of not less than
<br />ten dollars nor more than fifty dollars. A person found guilty
<br />under this section, and fined shall have a right of appeal to the
<br />Corporation Court of the City.
<br />Sec. 26. Council—additional powers, duties and respon-
<br />sibilities.
<br />In addition to the foregoing the Council shall exercise such
<br />powers, perform such duties, and assume such responsibilities
<br />as are provided by the charter and the constitution and laws of
<br />Virginia.
<br />Sec. 27. Rules of order of the council.
<br />The rules of order and procedure of the Council with the
<br />right of the body to suspend the same by a four-fifths vote, shall
<br />be as follows:
<br />(1) Parliamentary Rules.—The proceedings of the Council
<br />except as its own rules may otherwise provide, shall be governed
<br />by Roberts Manual of Parliamentary Rules; and no rule adopted
<br />by the Council shall be suspended except by consent of four
<br />members. Objection shall operate to postpone to the next meet-
<br />ing, when this rule may be suspended by the vote of three mem-
<br />bers.
<br />(2) The President or Presiding Officer to Enforce Rules;
<br />etc.—The presiding officer shall enforce the rules of the Coun-
<br />cil, preserve order and decorum, appoint all committees, not
<br />GENERAL ORDINANCES 11
<br />call him to order. If there be no appeal, the decision of the
<br />Chair shall be submitted to. If the decision be in favor of the
<br />member called to order he may proceed; if otherwise, he shall
<br />not proceed except by leave of the Council.
<br />(10) Members—Conduct While Sitting.—No member shall
<br />while the Council is sitting, interrupt or hinder its business by
<br />standing up, moving about, talking, expressing approval or dis-
<br />approval of any of the proceedings, or by any other conduct
<br />tending to disorder or confusion.
<br />(11) Non -Members to Address Council Only by Permission.
<br />—No person who is not a member of the Council shall orally
<br />address it, until leave to do so has been applied for through a
<br />member of the Council and granted by it, or until invited so to
<br />do by the presiding officer.
<br />(12) Communications to Be in Writing.—No communication,
<br />petition or request to the Council shall be entertained unless the
<br />same be in writing, which must be filed with the clerk.
<br />(13) Motions or Propositions to Be in Writing—To Be Stated
<br />before Discussing—When They May Be Withdrawn.—Every mo-
<br />tion or proposition, except as are subsidiary or incidental, shall
<br />be in writing, and shall be filed with the clerk. When a motion
<br />is made and seconded, it shall be stated by the president before it
<br />is debated. A motion or proposition may be withdrawn by the
<br />mover, with consent of the second, at any time before it is de-
<br />cided, amended or otherwise acted upon by the Council.
<br />(14) Motions—Amendments Must Be Relevant.—No motion,
<br />proposition, or subject different from that under consideration,
<br />shall be admitted under color of amendment.
<br />(15) General Ordinances to Be Read Twice before Passage—
<br />Reading May Be Dispensed with by Majority Vote.—Every gen-
<br />eral ordinance shall be read twice before its final passage. The
<br />first reading shall be for information. If there is no objection
<br />the ordinance shall be considered and voted upon. If there be ob-
<br />jection it shall be laid over to the next regular meeting when ac-
<br />tion on same shall be taken. Any reading may be dispensed with
<br />by unanimous consent.
<br />(16) Ordinances to Be Repealed or Amended Only by Ordi-
<br />nance—Ordinance to Take Effect from Date, Unless Otherwise
<br />12 CHARLOTTESVILLE CITY CODE
<br />Provided.—No ordinance shall be amended or repealed except by
<br />an ordinance regularly introduced and adopted, provided that sus-
<br />pension of rules may be made by a motion.
<br />Every ordinance shall take effect from the date of its passage
<br />unless otherwise provided.
<br />(17) Style of Ordinances and Resolutions.—The style in
<br />which ordinances shall .be enacted by the Council shall be as fol-
<br />lows: "Be it ordained by the Council of the City of Charlottes-
<br />ville," and that in which resolutions shall be passed shall be "Be
<br />it resolved by the Council of the City of Charlottesville."
<br />(18) Motions—Order of Procedure.—When a question is un-
<br />der debate no motion shall be entertained unless specially pro-
<br />vided for, except the following, which shall take precedence in
<br />the order given:
<br />1. To adjourn, to be made without preliminary remarks, and
<br />decided without debate.
<br />2. To lay on the table, to be decided without debate.
<br />3. For the previous question, to be decided without debate.
<br />4. To postpone, either indefinitely, or a day or hour, certain.
<br />5. To refer, or recommit.
<br />6. To substitute, or amend.
<br />7. To adopt or approve.
<br />(19) Motion to Adjourn—When in Order.—A motion to ad-
<br />journ shall always be in order except when a member has the
<br />floor, when the Council is engaged in voting, when the previous
<br />question has been ordered, or when the motion to adjourn has
<br />been put and lost and no other business has intervened.
<br />Any member who obtains the floor during the debate and sub-
<br />mits no other motion or remark, may move for the previous ques-
<br />tion, which motion, if seconded, shall forthwith be put to the
<br />Council.
<br />(20) Previous Question—How Put.—The previous question
<br />shall be in this form: "Shall the main question now be put?" If
<br />carried, its effect shall be to end all debates and bring the Coun-
<br />cil to a direct vote upon a motion to commit, if pending; then
<br />upon pending amendments, if any; and then upon the main ques-
<br />tion. If the motion for the previous question be not carried, de-
<br />bate may continue as if the motion had not been made.
<br />1.0 CHARLOTTESVILLE CITY CODE
<br />otherwise provided for, and discharge such other duties as ap-
<br />pertain to his office.
<br />(3) President to Decide Questions of Order.—The president
<br />shall decide questions of order and may, without vacating his
<br />chair, give his reasons for his decisions.
<br />From any decision of the Chair, an appeal may be made to
<br />the Council, the question being, "Shall the decision of the Chair
<br />be sustained as the decision of the Council?".
<br />Upon such appeal, no debate shall be allowed, if it refers to
<br />a question of decorum, but, if it relates to the priority of busi-
<br />ness, or to the relevancy, or applicability of propositions, the
<br />appeal may be debated.
<br />(4) President to State Questions of Order and Declare Result
<br />of Votes.—Questions shall be distinctly put in the following
<br />form, namely: "As many as agree that, etc., etc. (as case may
<br />be), say `aye' and after the affirmative vote is given, "Those op-
<br />posed say `no.' " The president shall declare all votes.
<br />(5) Members Not to Withdraw Without Leave.—After a
<br />member, at any meeting, has been recorded as present, he shall
<br />not without permission of the Council, absent himself from such
<br />meeting until its adjournment.
<br />(6) Members—Conduct in Addressing the Body. — Every
<br />member shall confine himself to the question before the Council
<br />and avoid all personal, or indecorous language. No discussion
<br />of a sectarian, or political nature shall be allowed. No member
<br />shall interrupt another while speaking, except to make a point
<br />of order, the point to be briefly stated to the presiding officer.
<br />(7) Members—Orders of Recognition by the President.—
<br />When two members rise at the same time, the president shall
<br />name the one to speak; but in all cases, the member first rising
<br />and addressing the chair shall speak first.
<br />(8) Members—Number and Length of Speeches.—No mem-
<br />ber shall speak more than once on the same question until every
<br />member choosing to speak shall have done so, nor more than
<br />twice, nor for a longer time than fifteen minutes on any ques-
<br />tion without the permission of the Council.
<br />(9) Members—How Called to Order.—If in speaking any
<br />member transgress the rules of the Council, the president shall
<br />GENERAL ORDINANCES 11
<br />call him to order. If there be no appeal, the decision of the
<br />Chair shall be submitted to. If the decision be in favor of the
<br />member called to order he may proceed; if otherwise, he shall
<br />not proceed except by leave of the Council.
<br />(10) Members—Conduct While Sitting.—No member shall
<br />while the Council is sitting, interrupt or hinder its business by
<br />standing up, moving about, talking, expressing approval or dis-
<br />approval of any of the proceedings, or by any other conduct
<br />tending to disorder or confusion.
<br />(11) Non -Members to Address Council Only by Permission.
<br />—No person who is not a member of the Council shall orally
<br />address it, until leave to do so has been applied for through a
<br />member of the Council and granted by it, or until invited so to
<br />do by the presiding officer.
<br />(12) Communications to Be in Writing.—No communication,
<br />petition or request to the Council shall be entertained unless the
<br />same be in writing, which must be filed with the clerk.
<br />(13) Motions or Propositions to Be in Writing—To Be Stated
<br />before Discussing—When They May Be Withdrawn.—Every mo-
<br />tion or proposition, except as are subsidiary or incidental, shall
<br />be in writing, and shall be filed with the clerk. When a motion
<br />is made and seconded, it shall be stated by the president before it
<br />is debated. A motion or proposition may be withdrawn by the
<br />mover, with consent of the second, at any time before it is de-
<br />cided, amended or otherwise acted upon by the Council.
<br />(14) Motions—Amendments Must Be Relevant.—No motion,
<br />proposition, or subject different from that under consideration,
<br />shall be admitted under color of amendment.
<br />(15) General Ordinances to Be Read Twice before Passage—
<br />Reading May Be Dispensed with by Majority Vote.—Every gen-
<br />eral ordinance shall be read twice before its final passage. The
<br />first reading shall be for information. If there is no objection
<br />the ordinance shall be considered and voted upon. If there be ob-
<br />jection it shall be laid over to the next regular meeting when ac-
<br />tion on same shall be taken. Any reading may be dispensed with
<br />by unanimous consent.
<br />(16) Ordinances to Be Repealed or Amended Only by Ordi-
<br />nance—Ordinance to Take Effect from Date, Unless Otherwise
<br />12 CHARLOTTESVILLE CITY CODE
<br />Provided.—No ordinance shall be amended or repealed except by
<br />an ordinance regularly introduced and adopted, provided that sus-
<br />pension of rules may be made by a motion.
<br />Every ordinance shall take effect from the date of its passage
<br />unless otherwise provided.
<br />(17) Style of Ordinances and Resolutions.—The style in
<br />which ordinances shall .be enacted by the Council shall be as fol-
<br />lows: "Be it ordained by the Council of the City of Charlottes-
<br />ville," and that in which resolutions shall be passed shall be "Be
<br />it resolved by the Council of the City of Charlottesville."
<br />(18) Motions—Order of Procedure.—When a question is un-
<br />der debate no motion shall be entertained unless specially pro-
<br />vided for, except the following, which shall take precedence in
<br />the order given:
<br />1. To adjourn, to be made without preliminary remarks, and
<br />decided without debate.
<br />2. To lay on the table, to be decided without debate.
<br />3. For the previous question, to be decided without debate.
<br />4. To postpone, either indefinitely, or a day or hour, certain.
<br />5. To refer, or recommit.
<br />6. To substitute, or amend.
<br />7. To adopt or approve.
<br />(19) Motion to Adjourn—When in Order.—A motion to ad-
<br />journ shall always be in order except when a member has the
<br />floor, when the Council is engaged in voting, when the previous
<br />question has been ordered, or when the motion to adjourn has
<br />been put and lost and no other business has intervened.
<br />Any member who obtains the floor during the debate and sub-
<br />mits no other motion or remark, may move for the previous ques-
<br />tion, which motion, if seconded, shall forthwith be put to the
<br />Council.
<br />(20) Previous Question—How Put.—The previous question
<br />shall be in this form: "Shall the main question now be put?" If
<br />carried, its effect shall be to end all debates and bring the Coun-
<br />cil to a direct vote upon a motion to commit, if pending; then
<br />upon pending amendments, if any; and then upon the main ques-
<br />tion. If the motion for the previous question be not carried, de-
<br />bate may continue as if the motion had not been made.
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