§ 3.1-62. (Repealed effective October 1, 2008) Miscellaneous
(a) The market when constructed and put in operation shall be maintained and kept in good condition and repair by the authority and shall be operated by such employees as the authority may employ. The market shall be policed by the police force of such city or of the county in which the market may be located, which shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, and enforcement of the laws of the Commonwealth and all ordinances of such city or county and rules and regulations made in accordance therewith within the market boundaries and such force shall have all the rights and duties of police officers as provided by the general laws of the Commonwealth within the market boundaries. For the purpose of enforcing such laws, ordinances, rules and regulations the court or courts having jurisdiction for the trial of criminal offenses in such city or county shall have jurisdiction to try any person charged with the commission of any such crime or ordinance violation or rule or regulation within the market boundaries. Violation of or failure, refusal or neglect to observe, obey and comply with the rules and regulations of the authority adopted pursuant to the provisions of this article shall constitute a misdemeanor and shall be punishable accordingly, and such police force shall have the power and jurisdiction to enforce such rules and regulations.
(b) All ordinances and other acts of the governing body of such city or county and all rules and regulations made pursuant thereto or other law shall apply to and shall be enforced within the market boundaries to the same extent and with the same force and effect as such ordinances, acts, rules and regulations apply and are effective and enforced within the boundaries of such city or county.
(c) The court or courts having jurisdiction of actions at law and suits in equity and of other proceedings, actions and suits in such city or county shall have exclusive jurisdiction for the trial of all such actions, suits and proceedings growing out of the construction, maintenance, repair, extension, expansion and operation of the market, and growing out of any other circumstances, events, or causes originating within the market boundaries. Eminent domain proceedings instituted and conducted by the authority shall be brought and conducted in the court or courts having jurisdiction of such proceedings in such city or county, and jurisdiction is hereby conferred on such courts for such purpose.
(d) All private property damaged or destroyed in carrying out the powers granted by this article shall be restored or repaired and placed in its original condition as nearly as practicable or just compensation shall be paid therefor out of funds provided under the provisions of this article.
(e) Every such city or county shall have the power to acquire in the manner and by the procedure prescribed in its charter or by general law such real property as its governing body shall determine and to sell or lease such property to the authority upon such terms and conditions as such governing body may prescribe to effectuate the purposes of the authority. Such city or county may also sell or lease to the authority real property previously acquired by such city or county, which in the opinion of its governing body is not needed for other public use, upon such terms and conditions as such governing body may prescribe. The authority shall pay to such city or county the fair market value of such property sold to the authority and if the payment thereof is deferred or is to be made in installments, such deferred payments or installments, including interest on the purchase price, shall be disbursed from the revenues of the authority as a part of the cost of operating the market. Rent or other compensation paid for the lease of such property to the authority shall likewise be paid from the revenues of the authority as a part of the cost of operating the market. The sale or lease of any such property to the authority may be done without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of such city and the authority.
(f) On or before the thirtieth day of January in each year, the authority shall make an annual report of its activities for the preceding calendar year to the Commissioner of Agriculture and Consumer Services and such city or county. Each such report shall set forth a complete operating and financial statement covering the authority's operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof shall be treated as a part of the cost of the construction or operation of the market.
(g) Any director of the authority may contract with the authority for the use of the facilities of the market for buying and selling produce on the market, but no other contract between a director and the authority shall be valid unless and until such contract is approved by the governing body of such city or county. Any agent or employee of the authority who contracts with the authority or is interested, either directly or indirectly, in any contract with the authority or in the sale of any property, either real or personal, to the authority shall be guilty of a misdemeanor and such contract shall be void and unenforceable. Jurisdiction for the trial of such misdemeanors is hereby conferred upon the hustings or corporation court of such city or the circuit court of such county, as the case may be.
(h) The records, books and accounts of the authority shall be subject to examination and inspection by duly authorized representatives of the Governor, the Commissioner of Agriculture and Consumer Services and the governing body of such city and any bondholder or bondholders at any reasonable time, provided the business of the authority is not unduly interrupted or interfered with thereby.
(i) The authority shall not discriminate in the operation of the market against the sale at the market of any perishable farm product, nor against any producer of any perishable farm product, on account of the county or state in which any such product is produced, or on account of the legal nature of the producer or other person engaged in the marketing of any such product, whether individual, cooperative, partnership or corporate, or on account of the conditions of employment or the nature of the labor employed in the production or marketing of such product; but every such authority shall take all reasonable action and precaution to prevent any such discrimination.
(j) The authority may enter into contracts with such city or county for providing such water, gas, electric, sewage disposal, and refuse collection services, and fire and police protection and other services required for the construction, maintenance and operation of the market, which shall be upon such terms and conditions and at such rates, fees and charges as shall be prescribed by such city or county; the cost of obtaining such services from the city or county shall be paid as a part of the cost of operating the market.
(k) The lease of any of the facilities of the market or the grant of any privilege for the use thereof shall not be construed to relieve any such lessee or grantee from any tax levied by the Commonwealth or such city or county applicable to such lessee or grantee nor shall such lessee or grantee be exempt therefrom.
(l) Every person, firm and corporation which violates, or fails, refuses or neglects to observe and comply with any rule or regulation established by the authority for the use of the market, or any part thereof may be evicted therefrom, and shall be guilty of a misdemeanor. Each such violation, failure, refusal or neglect and each day's continuance thereof shall constitute a separate offense. Jurisdiction for the trial of such misdemeanors is hereby conferred upon the hustings or corporation court of such city or the circuit court of such county, as the case may be.
(Code 1950, § 3-79.16; 1954, c. 407; 1966, c. 702.)
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