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CODE OF THE GENERAL ORDINANCES OF <br /> <br />THE CITY OF CHARLOTTESVILLE. <br /> <br />Whereas, there has been no general revision of the ordi- <br /> <br />nances of the City of Charlottesville since 1909 and <br /> <br />Whereas, it is deemed advisable by the City Council that the <br /> <br />ordinances of the City of Charlottesville be amended and re- <br /> <br />vised: <br /> <br />THEREFORE, BE IT ORDAINED by the Council of the <br /> <br />City of Charlottesville that the following ordinances be now <br /> <br />adopted by the City Council, and that the same shall be the Code <br /> <br />of the City of Charlottesville, Va. <br /> <br />CHAPTER I. <br /> <br />THE COUNCIL -ITS POWERS, DUTIES AND PROCEDURE. <br /> <br />Sec. 1. The council—term and compensation. <br /> <br />(a) The Council of the City of Charlottesville shall be com- <br /> <br />posed of five members, to be elected at large from the qualified <br /> <br />voters of the City as provided by Section 4 of the charter. Their <br /> <br />term of office shall be four years, except that all elections to <br /> <br />fill vacancies shall be for the unexpired terms. <br /> <br />(b) Each member of the Council shall receive an annual sal- <br /> <br />ary of three hundred dollars ($300.00), except the president <br /> <br />of said Council, who shall be Mayor and shall receive five hun- <br /> <br />dred dollars ($500.00) per annum. Said salary shall be paid <br /> <br />in equal monthly installments. <br /> <br />Sec. 2. Oath of office—when taken. <br /> <br />Each councilman shall, before entering upon the duties of his <br /> <br />office, take the oath prescribed for councilmen by the laws of <br /> <br />Virginia and qualify before the Corporation Court or the Judge <br /> <br />thereof in vacation, a certificate of which shall be filed with the <br /> <br />clerk of the Council who shall enter the same upon the journal <br /> <br />thereof; but if any councilman shall fail to qualify as afore - <br /> <br />2 CHARLOTTESVILLE CITY CODE <br /> <br />said, for ten days after the commencement of the term for which <br /> <br />he was elected, his office shall be deemed vacant. <br /> <br />Sec. 3. Time of meeting for organization. <br /> <br />The Council shall meet for organization on the first day of <br /> <br />September after their election (unless that day be Sunday or a <br /> <br />legal holiday, in which case they shall meet on the following <br /> <br />day), but in case of unavoidable absence from such meeting of <br /> <br />any member elect it shall be competent to adjourn said meeting <br /> <br />from time to time as they may deem proper. <br /> <br />Sec. 4. Elections by council. <br /> <br />At all elections by the Council the voting shall be viva voce. <br /> <br />and each member shall be entitled to one vote. Only one per- <br /> <br />son shalt be elected at a time, except with the consent of all <br /> <br />members present. If, on any vote, no one receives a majority <br /> <br />of all the votes, the name of the person receiving the smallest <br /> <br />number of votes shall be dropped, and shall not again be put in <br /> <br />nomination until a vote intervenes. <br /> <br />At each election the roll shall be called by the clerk in alpha- <br /> <br />betical order, and each member shall vote when his name is <br /> <br />called, unless excused or disqualified by section 24, post. <br /> <br />Sec. b. Election of president—vice-president, duties of. <br /> <br />The Council shall, at its first meeting in September after the <br /> <br />regular biennial election of councilmen, or as soon thereafter <br /> <br />as practicable, elect one of its members president, who shall <br /> <br />continue in office two years. If a vacancy occur in the office <br /> <br />before the end of the term, such vacancy shall be filled as pro- <br /> <br />vided by section 11. The president of the Council shall be the <br /> <br />Mayor of the City, without veto power. <br /> <br />At the same time the Council shall elect one of its members <br /> <br />to be vice-president, who shall continue in office two years. If <br /> <br />a vacancy occur in the office before the end of his term such <br /> <br />vacancy shall be filled as provided by section 11. <br /> <br />The president shall preside at the meetings of the Council, <br /> <br />and when from any cause, he shall be absent the vice-president <br /> <br />shall preside and in the absence of both a president pro tempore <br /> <br />may be elected. <br /> <br />GENERAL ORDINANCES 3 <br /> <br />The president, vice-president, or president pro tempore, who <br /> <br />shall preside when the proceedings of the previous meeting are <br /> <br />read shall sign the same. <br /> <br />He may call any member to the chair, who shall exercise its <br /> <br />functions for the time ; and during such substitution he may <br /> <br />participate in the debates. <br /> <br />The vice-president in the absence of the president and while <br /> <br />acting as president shall be vested with all the rights and duties <br /> <br />of the president. <br /> <br />The president or vice-president, as the case .may be, shall be <br /> <br />entitled to vote on all questions as any other member, but in no <br /> <br />case shall he be entitled to a second vote on any question, though <br /> <br />it be necessary to break a tie that is to say, his office shall not <br /> <br />entitle him to a vote. <br /> <br />Sec. 6. Regular meetings—how special meetings may be <br /> <br />called. <br /> <br />The Council shall hold its regular meetings at the customary <br /> <br />place for such meetings, or at such other place in the City as <br /> <br />may be designated by the president of the Council, on the first <br /> <br />and third Mondays of each month at such hour as may be agreed <br /> <br />upon (unless such day be a legal holiday, in which event such <br /> <br />meeting shall be held on the day following). <br /> <br />The president of the Council or the vice-president, if acting <br /> <br />in his stead, or any three members of the Council may call a <br /> <br />special meeting of the Council at any time upon at least five <br /> <br />hours written notice to each ,member, served personally or left <br /> <br />at his usual place of business or residence. But special meet- <br /> <br />ings maybe held at any time without notice provided all mem- <br /> <br />bers of the Council attend and unanimously consent to the trans- <br /> <br />action of all business transacted thereat. <br /> <br />Sec. 7. Meetings—special—executive session. <br /> <br />Every call for a special meeting shall specify the object there- <br /> <br />of and no business shall be transacted at a special meeting ex- <br /> <br />cept that for which it shall have been called, unless by a unani- <br /> <br />mous consent. <br /> <br />The Council shall be open except when, by a recorded vote <br /> <br />of two-thirds of those members present, it declares that the <br /> <br />4 CHARLOTTESVILLE CITY CODE <br /> <br />public welfare requires secrecy, in which case it shall go into <br /> <br />executive session. <br /> <br />Sec. 8. Quorum—reconsideration of votes. <br /> <br />Three members of the Council shall constitute a quorum for <br /> <br />the transaction of ordinary business, but no vote of a former <br /> <br />meeting shall be reconsidered or rescinded at a special meeting <br /> <br />unless there be then present as many members as were present <br /> <br />when such vote was taken, and three-fifths of all members <br /> <br />present vote in favor thereof. <br /> <br />Sec. 9. Absence of quorum—how quorum secured. <br /> <br />If a quorum fail to attend a meeting of the Council within <br /> <br />a half hour after the appointed time for such meeting, those <br /> <br />present may adjourn to such time as they deem proper, after <br /> <br />the names of those present shall have been entered on the journal. <br /> <br />At such meeting, two or more members shall have authority to <br /> <br />compel the attendance of absent members by a process in writing <br /> <br />signed by them and addressed to any policeman, directing him to <br /> <br />summons such absent members to such time and place to which <br /> <br />the meeting shall have been adjourned. Any member refusing <br /> <br />to obey such summons may be fined by a four-fifths vote of the <br /> <br />Council in a sum not less than five dollars nor more than twenty- <br /> <br />five dollars. <br /> <br />Sec. 10. Punishment of members. <br /> <br />The Council may, by a majority vote of its whole number, pun- <br /> <br />ish one of its own members for disorderly behavior by a fine not <br /> <br />exceeding $300; and, by a two-thirds vote of its whole number, ex- <br /> <br />pel a member of its own body for malfeasance or misfeasance in <br /> <br />office. Fines imposed under this section shall be collected in such <br /> <br />manner as fines imposed by the Civil and Police Justice. <br /> <br />Sec. 11. Vacancies—office of mayor or councilmen, <br /> <br />how filled. <br /> <br />Whenever, from any cause, a vacancy shall occur in the office <br /> <br />of mayor it shall be filled by the Council. A vacancy in the of- <br /> <br />fice of councilman shall be filled by the Council at its next regu-. <br /> <br />lar meeting from the qualified electors of the City. The officer <br />