[Code 1962, § 18-5; amended by Ord. No. 120, 3-27-1978]
Every person who attempts to commit an offense which is a misdemeanor
shall be punishable by the same punishment prescribed for the offense
the commission of which was the object of the attempt.
[Code 1962, § 18-15]
If any person, knowing of the commission of an offense, shall
take any money or reward, or an engagement therefor, upon an agreement
or understanding, expressed or implied, to compound or conceal such
offense, or not to prosecute therefor, or not to give evidence thereof,
he shall, if such offense is a felony, be guilty of a Class 2 misdemeanor;
and if such offense is not a felony, unless it is punishable merely
by forfeiture to him, he shall be guilty of a Class 4 misdemeanor.
[Code 1962, § 18-49; amended by Ord. No. 140, 3-27-1978]
No person shall, by threats or force, attempt to intimidate
or impede a judge, magistrate, justice, juror, witness or an officer
of a court, or any law enforcement officer, in the discharge of his
duty, or to obstruct or impede the administration of justice in any
court.
[Code 1962, § 16B-11]
Every person acting jointly or in combination with any other
person to resist or obstruct the execution of any legal process shall
be guilty of a misdemeanor.
[Code 1962, § 18-45]
If any officer authorized to serve legal process shall receive
any money or other thing of value, for omitting or delaying to perform
any duty pertaining to his office, he shall be guilty of a Class 2
misdemeanor.
[Code 1962, §§ 10-7 — 10-9]
(a)
If any person confined in jail or in custody after conviction of
a criminal offense escapes by force or violence, other than by setting
fire to the jail or place of custody, he shall be confined in jail
not more than 12 months, if previously sentenced to confinement in
jail. The term of confinement under this section shall commence from
the expiration of the former sentence.
(b)
If any person lawfully imprisoned in jail and not tried or sentenced
on conviction of a criminal offense escapes from jail by force or
violence, other than by setting fire to the jail, or if any person
lawfully in the custody of any police officer on a charge of a criminal
offense escapes from such custody by force or violence, he shall be
confined in jail not exceeding 12 months.
(c)
If any person lawfully confined in jail or lawfully in the custody
of any court or officer thereof or of any law enforcement officer
on a charge or conviction of a criminal offense escapes, otherwise
than by force or violence or by setting fire to the jail, he shall
be guilty of a Class 2 misdemeanor.
[Code 1962, § 10-4]
When a person is lawfully detained as a prisoner in any jail,
prison or custody, if any person: (1) conveys anything into the jail
or prison with intent to facilitate the prisoner's escape therefrom;
(2) in any way aids such prisoner to escape or attempt to escape from
such jail, prison or custody; or (3) forcibly rescues or attempts
to rescue him therefrom; such person shall, if the rescue or escape
was not effected, or if the prisoner was not detained on a conviction
or charge of a felony, be guilty of a Class 2 misdemeanor.
[Code 1962, § 10-6]
If any jailer or other officer or any guard or other person
summoned or employed by such jailer or other officer, negligently
suffers a prisoner convicted of or charged with a felony, or voluntarily
or negligently suffers a prisoner convicted of or charged with an
offense not a felony, to escape from his custody, or willfully refuses
to receive into his custody a person lawfully committed thereto, he
shall be guilty of a Class 2 misdemeanor.
[Code 1962, § 10-5]
No person shall willfully in any manner deliver, or attempt to deliver, to any prisoner confined under authority of the City, any article of any nature whatsoever, without first securing the permission of the person in whose charge such prisoner is, and who may, in his discretion, grant or refuse permission. Nothing herein contained shall be construed to apply to § 19-7 in any way.
[Code 1962, § 2-2]
It shall be a Class 4 misdemeanor for any person to use or operate
any motor vehicle, equipment, machine or any other property of the
City for his own personal or private use, without first obtaining
the consent for such use from the City Manager.
[Code 1962, § 18-3]
(a)
Any person who, without just cause therefor, calls or summons, by
telephone or otherwise, any ambulance or firefighting apparatus, shall
be deemed guilty of a misdemeanor.
(b)
Any person who maliciously activates a manual or automatic fire alarm
in any building used for public assembly or for other public use,
including, but not limited to, schools, theaters, stores, office buildings,
shopping centers and malls, coliseums and arenas, regardless of whether
fire apparatus responds or not, shall be deemed guilty of a misdemeanor.
[Ord. No. 94-5, 5-23-1994; amended 10-26-2020 by Ord. No.
2020-02]
(a)
Policy. At certain levels, noise can be detrimental to the health,
welfare, safety and quality of life of inhabitants of the City; and
in the public interest, noise should be controlled. It is, therefore,
the policy of the City to reduce noise in the community and to prohibit
unnecessary, excessive and annoying noise from all sources that jeopardizes
health or welfare or degrades the quality of life in the City of Franklin.
(b)
Generally. It shall be unlawful for any person to make, continue,
or cause to be made, continued, or permitted any excessive, unnecessary
or unusually loud noise which is annoying or injurious to the comfort,
repose, health, peace or safety of others at any location within the
City.
(c)
COMMERCIAL UNIT
DWELLING UNIT
EMERGENCY WORK
MOTOR VEHICLE
NOISE or NOISE DISTURBANCE
OWNER
PERSON
PLAINLY AUDIBLE
PUBLIC PROPERTY
PUBLIC RIGHT-OF-WAY
REAL PROPERTY BOUNDARY LINE
SOUND
SOUND-AMPLIFYING EQUIPMENT
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
One or more rooms arranged, designed, or intended to be occupied
for commercial use, including, but perhaps not limited to, for offices
or retail purposes.
One or more rooms arranged, designed, or intended to be occupied
as separate living quarters by one or more persons and including permanent
provisions for living, sleeping, eating, cooking, and sanitation.
Work made necessary to restore property to a safe condition
following a public calamity, or work required to protect persons or
property from immediate exposure to danger, including work performed
by public service companies when emergency inspection, repair, or
facilities or restoration of services is required for the immediate
health, safety, or welfare of the community.
The following self-propelled vehicles: passenger cars, trucks,
truck trailers, semitrailers, campers, motor boats, racing vehicles,
and any motorcycles (including, but not limited to, motor scooters,
minibikes, all-terrain vehicles, and three-wheelers) as defined in
the Code of Virginia,§ 46.2-100.
Any sound which:
The person owning, controlling, or possessing land, premises,
or personality.
Any individual, corporation, cooperative partnership, firm,
association, trust, estate, private institution, group, agency, or
any legal successor, representative, agent, or agency thereof.
Any sound that can be detected by a person using his or her
unaided hearing faculties. The detection of rhythmic bass tones shall
be considered plainly audible sound.
Any real property owned or controlled by the City or any
other governmental entity.
Any street, avenue, boulevard, highway, sidewalk or alley.
The property line along the ground surface, and its vertical
extension, that separates the real property owned or leased by one
person from that owned or leased by another person.
An oscillation in pressure, particle displacement, particle
velocity, or other physical parameter, in a medium with internal forces
that causes compression and rarefactions of that medium, and which
propagates at finite speed. The description of sound may include any
characteristic of such sound, including duration, intensity and frequency.
Any machine, device, or equipment for the amplification of
the human voice, music, or other sound as defined herein.
(d)
Prohibited acts enumerated. The following acts are declared to be
noise disturbances in violation of this section:
(1)
Construction equipment. Operating or causing to be operated
any equipment used in construction, repair, alteration or demolition
work on buildings, structures, streets, alleys or appurtenances thereto,
in the outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following
day within 100 yards of a lawfully occupied dwelling other than the
dwelling of the party operating or causing the operation of the equipment.
This section shall not apply to construction of public projects, the
repair or maintenance work performed on such projects or work performed
by private or public utility companies for the repair of facilities
or the restoration of services.
(2)
Vehicle repair. Repairing, rebuilding or modifying any motor
vehicle or other mechanical device in residential zoning districts
between the hours of 9:00 p.m. and 7:00 a.m. the following day.
(3)
Exhausts. Discharging or causing to be discharged into open
air of the exhaust of any steam or diesel engine, stationary internal
combustion engine, chain saw, power mower, motorboat or motor vehicle,
except through a muffler or other device that will effectively prevent
loud or explosive noises from such engine.
(4)
Trash collection. Collecting trash, refuse, or garbage in residential
and business zoning districts between the hours of 9:00 p.m. and 7:00
a.m. the following day.
(5)
Commercial or industrial business. Operating, loading or unloading
any vehicle, including, but not limited to, trucks, or the opening
of bales, boxes, crates or containers in the outdoors within 100 yards
of a residence or business, other than the residence or business of
the party operating, loading, or unloading the vehicle, between the
hours of 9:00 p.m. and 7:00 a.m.
(6)
Horns, whistles, other auditory sounding devices sounding or
permitting the sounding of any horn, whistle or other auditory sounding
device on or in any motor vehicle on any public right-of-way or public
property, except as a warning of danger.
(7)
Radios, television sets, musical instruments, similar devices.
(a)
Making, continuing, or causing to be made, continued, or permitted
any noise disturbance wherein the sound is plainly audible at a distance
of 50 feet or more from the real property boundary line of the lot
containing the source of the sound, or, where dwelling units or commercial
units adjoin, wherein the sound is plainly audible through partitions
common to two dwelling units or commercial units within a building
unless exempted by this Code.
(b)
Playing or permitting the playing of any device to play music
or amplify sound within a motor vehicle and which is plainly audible
from outside the motor vehicle at a distance of 50 feet or more from
the motor vehicle.
(8)
Animals. Owning, keeping, possessing or harboring any animal
which frequently or habitually howls, barks, meows, squawks or makes
such other noise as is plainly audible across real property boundary
lines or through partition walls common to two dwelling units or commercial
units within a building, or that is plainly audible at a distance
of 50 feet or more from the building in which it is located; or that
is plainly audible at a distance of 50 feet or more from its source
when such sound is not due to the harassment of, or injury to, the
animal or due to the trespass upon the premises where the animal is
located.
(9)
Yelling, shouting, etc. Yelling, shouting, whistling or singing
between the hours of 9:00 p.m. and 7:00 a.m. so as to permit the sound
to be heard across a real property boundary line or through partition
walls common to two dwelling units or commercial units within a building;
or that is plainly audible at a distance of 50 feet or more from the
building in which it is located; or that is plainly audible at a distance
of 50 feet or more from its source; or on a public right-of-way or
public property.
(e)
Exemptions. This section shall have no application to the following:
(1)
Sound generated for the purpose of alerting persons to the existence
of an emergency, the emission of sound in the performance of emergency
work, and the emission of sound necessary for the protection or preservation
of property or the health, safety, life, or limb of any person, including,
but not limited to, sirens, loud speakers, emergency communications
equipment, radios in public safety vehicles, motor vehicle alarms,
and other security devices.
(2)
Any speech protected by the laws of the United States of America
or the Commonwealth of Virginia.
(3)
Noncommercial public speaking and public assembly activities
conducted on any public right-of-way or public property for which
a permit has been issued by the City.
(4)
Radios, sirens, horns and bells on police, fire or other emergency
response vehicles.
(5)
Parades, fireworks, school-related activities, and other special
events or activities for which a permit has been issued by the City,
within such hours as may be imposed as a condition for the issuance
of the permit.
(6)
Activities on or in municipal and school athletic facilities
and on or in public property and facilities, provided that such activity
has been authorized by the owner of such property or facilities, or
their agent.
(7)
Fire alarms and burglar alarms, prior to the giving of notice
and a reasonable opportunity for the owner or tenant in possession
of the premises served by any such alarm to turn off the alarm.
(8)
Religious services, religious events or religious activities,
including, but not limited to, music, bells, chimes and organs that
are a part of such service, event or activity.
(9)
Locomotives and other related railroad equipment and aircraft.
(10)
Sound generated from any bona fide agricultural activity, including,
but not limited to, sounds generated by animals which constitute a
part of the agricultural activity.
(11)
Sound or noise which is necessary for emergency work on roads,
highways, and buildings.
(12)
Sound or noise generated in connection with lawn care, leaf
removal, gardening, tree maintenance or removal, or other landscaping,
lawn, or timbering activities between the hours of 7:00 a.m. and 9:00
p.m.
(13)
Sound or noise generated as a part of any military activities
of the Commonwealth of Virginia or of the United States of America.
(14)
Sound generated where the regulation of noise has been preempted
by federal law.
(f)
Violations.
(1)
A violation of any provision of this section constitutes a misdemeanor
on the following schedule:
(a)
First violation: Class 4 misdemeanor.
(b)
Second violation within 12 months of the first violation ("twelve-month
period"): Class 3 misdemeanor.
(c)
Third violation within the twelve-month period: Class 2 misdemeanor.
(d)
Fourth and subsequent violations within the twelve-month period:
Class 1 misdemeanor.
(2)
Each separate act on the part of the person violating this section
shall be deemed a separate offense, and each day a violation is permitted
to continue unabated constitutes a separate offense. Criminal enforcement
against a person violating this section shall not be a bar against,
or a prerequisite for, taking any other action permitted by this Code
or the Code of Virginia to abate the violation.
[Ord. No. 2005-17, 7-11-2005]
(a)
CIRCUMSTANCES THAT WARRANT A JUSTIFIABLE AND REASONABLE ALARM
OR IMMEDIATE CONCERN FOR THE SAFETY OF PERSONS OR PROPERTY IN THE
VICINITY
TO LOITER
TO PROWL
Definitions as used in this section:
Circumstances in which specific and articulable facts, taken
together with rational inferences from those facts, reasonably warrant
a finding that a breach of the peace is imminent, the public safety
is threatened or that there otherwise exists a strong likelihood of
unlawful behavior.
To stand idle, loaf, hang around, linger, lag behind or walk
about aimlessly.
To move about or wander in a predatory or stealthy manner
or as if in search of prey.
(b)
It shall be unlawful for any person to loiter or prowl in a place,
at a time, or in a manner not usual for law-abiding persons, under
circumstances that warrant a justifiable and reasonable alarm or immediate
concern for the safety of persons or property in the vicinity.
(c)
Among the circumstances which may be considered in determining whether
such alarm or concern is warranted is the fact that the person takes
flight upon the appearance of a law enforcement officer, refuses to
identify himself or endeavors to conceal himself or any object in
his possession or in close proximity to him.
(d)
Unless flight by the person or other circumstances make it impracticable,
a law enforcement officer shall, prior to any arrest for an offense
under this section, afford the person an opportunity to dispel any
alarm which would otherwise be warranted, by requesting him to identify
himself and explain his presence and conduct. No person shall be convicted
of an offense under this section if the law enforcement officer did
not comply with this procedure, or if it appears at trial the explanation
given by the person is true and, if believed by the officer at the
time, would have dispelled the alarm or immediate concern.
(e)
A violation of this section constitutes a Class 1 misdemeanor.
[Code 1962, §§ 18-41, 18-42]
(a)
It shall be unlawful and a Class 4 misdemeanor for any person to
have any electrical or mechanical amplifier or loudspeaker placed
or located on the outside of any premises or on any sidewalk for the
purpose of transmitting radio music or record or other sounds; provided,
that the City Manager may issue permits to churches for the broadcasting
of religious programs and may issue to establishments within the business
district a permit to broadcast appropriate Christmas music, without
advertising, between Thanksgiving Day and the second day of January
of the year following. Such permit shall prescribe the hours and manner
of broadcasting and may be modified or revoked by the City Manager.
(b)
Nothing contained in this section shall be construed to prevent transient,
itinerant advertising by the use of amplifiers or loudspeakers or
to prevent the broadcasting of any special occurrence or news by the
use of amplifiers or loudspeakers. No such broadcast shall be given
unless there shall first have been secured a permit from the City
Manager.
[Code 1962, § 17-24]
(a)
The use in, upon or attached to any motor vehicle operating on any
street of the City, of any radio, phonograph, musical instrument,
bell, whistle, loudspeaker, amplifier or device of any kind whatsoever
whereby sound therefrom is cast upon any street to promote or advertise
the sale of goods, wares or merchandise, or for the purpose of advertising
auction sales, sporting events or other business or things advertised
thereby, is prohibited. The provisions of this section shall not apply
to motor vehicles driven in a duly authorized parade. The use of a
loudspeaker on a motor vehicle for making auction sales in streets
directly in front of the property then being sold, and entirely outside
of the business districts of the City, shall not be construed as a
violation of this section, when such use is limited strictly to the
selling at auction of such property.
(b)
A violation of this section shall constitute a Class 4 misdemeanor.
[Code 1962, § 18-4; amended by Ord. No. 119, 3-27-1978]
No person shall commit a simple assault or assault and battery.
[Code 1962, § 18-2; amended by Ord. No. 118, 3-27-1978]
No person within the City shall, in the presence or hearing
of another, curse or abuse such other person, or use any violent,
abusive language to such person concerning himself or any of his relations,
or otherwise use such language, under circumstances reasonably calculated
to provoke a breach of the peace. A violation of this section shall
constitute a Class 3 misdemeanor.
[Code 1962, § 18-70]
(a)
If any person shall falsely utter and speak, or falsely write and
publish, of and concerning any female of chaste character, any words
derogatory of such female's character for virtue and chastity, or
imputing to such female acts not virtuous and chaste, or shall falsely
utter and speak, or falsely write and publish, of and concerning another
person, any words which, from their usual construction and common
acceptation, are construed as insults and tend to violence and breach
of the peace, or shall use grossly insulting language to any female
of good character or reputation, he shall be guilty of a Class 3 misdemeanor.
(b)
A defendant charged with a violation of this section shall be entitled
to prove, upon trial and in mitigation of the punishment, the provocation
which induced the libelous or slanderous words or any other fact or
circumstance tending to disprove malice or lessen the criminality
of the offense.
[Code 1962, §§ 18-16, 18-17, 18-20, 18-21]
A person is guilty of disorderly conduct and a misdemeanor if,
with the intent to cause public inconvenience, annoyance or alarm,
or recklessly creating a risk thereof, he:
(1)
In any street, highway, public building, or while in or on a public
conveyance or public place, engages in conduct having a direct tendency
to cause acts of violence by the person or persons at whom, individually,
such conduct is directed; however, such conduct shall not be deemed
to include the utterance or display of any words or to include conduct
otherwise made punishable under other provisions of this Code; or
(2)
Willfully or, being intoxicated, whether willfully or not, disrupts
any meeting of the City Council or a division or agency thereof, or
of any school, literary society or place of religious worship, if
such disruption prevents or interferes with the orderly conduct of
such meeting or has a direct tendency to cause acts of violence by
the person or persons at whom, individually, such disruption is directed;
however, such conduct shall not be deemed to include the utterance
or display of any words or to include conduct otherwise made punishable
under other provisions of this Code.
|
The person in charge of any such building, place, conveyance
or meeting may eject therefrom any person who violates any provision
of this section, with the aid, if necessary, of any persons who may
be called upon for such purpose.
|
[Code 1962, §§ 18-18, 18-19]
(a)
Keeping or operating. It shall be unlawful for any person in the
City to keep, maintain or operate, for himself or as an officer or
agent of any corporation, association, club, lodge or other organization,
or under the guise of any corporation, association, club, lodge or
other organization, any disorderly house or place where persons meet
or may meet for the purpose of illegally dispensing or indulging in
intoxicating liquors, gaming or boisterous or other disorderly conduct.
Each day's keeping of any such place shall constitute a separate offense;
and in any prosecution for this offense, the general reputation of
such place may be proved.
If any person profanely curses or swears or is drunk in public,
he shall be deemed guilty of a Class 4 misdemeanor.
[Ord. of 7-10-1995(1); amended by Ord. of 12-11-1995(2)]
(a)
It shall be unlawful for any person to possess any open receptacle
containing an alcoholic beverage in the public parks, playgrounds,
streets, parking lots to which the public is invited or other public
places in the City, or in any motor vehicle located in a public place
in the City. Any person violating this section shall be guilty of
a Class 4 misdemeanor.
(b)
Nothing in this section shall prohibit any person from possessing an open receptacle containing an alcoholic beverage in a place enumerated in Subsection (a) when an event occurs in such a place for which the state alcoholic beverage control board has issued a license permitting consumption of alcoholic beverages.
(c)
For the purposes of this section the term "alcoholic beverages" and
"public place" shall have the meanings ascribed to them in Code of
Virginia, § 4.1-100.
[Code 1962, §§ 18-56; amended by Ord. No. 131, 3-27-1978]
No person shall use obscene, vulgar, profane, lewd, lascivious
or indecent language, or make any suggestion or proposal of an obscene
nature, or threaten any illegal or immoral act with the intent to
coerce, intimidate or harass any person, over any telephone in this
City.
[Code 1962, § 18-71.1]
If any person maliciously advises or informs another, over any
telephone in this City, of the death of, accident to, injury to, illness
of or disappearance of some third party, knowing the same to be false,
he shall be guilty of a misdemeanor.
[Code 1962, § 18-71.2; amended by Ord. No. 132, 3-27-1978]
[Code 1962, §§ 18-22 — 18-24]
(a)
Any person who fails to relinquish a telephone party line, after
he has been requested to do so, to permit another to place an emergency
call, shall be guilty of a Class 4 misdemeanor; provided, that this
subsection shall not apply to any person who is himself using the
telephone party line for an emergency call.
(b)
Any person who requests another to relinquish a telephone party line
on the pretext that he must place an emergency call, knowing such
pretext to be false, shall be guilty of a Class 4 misdemeanor.
(c)
As used in this section, "telephone party line" means a subscribers'
line circuit consisting of two or more main telephone stations connected
therewith, each station with a distinctive ring or telephone number,
and "emergency call" means a call to report a fire or summon police,
or for medical aid or ambulance service, in a situation where human
life or property is in jeopardy and the prompt summoning of aid is
essential.
[Code 1962, § 16B-5]
Any person who, in any public place or on any private property
open to the public, unreasonably or unnecessarily obstructs the free
passage of other persons to and from or within such public place or
private property and who shall fail or refuse to cease such obstruction
or move on when requested to do so by the owner or lessee or agent
or employee of such owner or lessee or by a duly authorized law enforcement
officer shall be guilty of a misdemeanor.
[Code 1962, § 16B-6]
(b)
For the purposes of §§ 19-27 through 19-32, whenever three or more persons assembled share the common intent to advance some lawful or unlawful purpose by the commission of an act or acts of unlawful force or violence likely to jeopardize seriously public safety, peace or order, and the assembly actually tends to inspire persons of ordinary courage with well-grounded fear of serious and immediate breaches of public safety, peace or order, then such assembly is an unlawful assembly.
[Code 1962, §§ 16B-7, 16B-8]
It shall be unlawful for any person to participate in any riot
or unlawful assembly within the City.
[Code 1962, § 16B-9]
Every person, except the owner or lessee of the premises, his
family and nonrioting guests, and public officers and persons assisting
them, who remains at the place of any riot or unlawful assembly, after
having been lawfully warned to disperse, shall be guilty of a Class
3 misdemeanor.
[Code 1962, §§ 16B-12, 16B-13]
(a)
When any number of persons, whether armed or not, are unlawfully
or riotously assembled, the police officials of the City shall go
among the persons assembled, or as near to them as safety will permit,
and command them, in the name of the state, to immediately disperse.
If, upon such command, the persons unlawfully assembled do not disperse
immediately, the police officials may use such force as is necessary
to disperse them and to arrest those who fail or refuse to disperse.
To this end, the police officials of the City may request and use
the assistance and services of private citizens.
(b)
Every endeavor must be used, both by the police officers and by the
officer commanding any other force, which can be made consistently
with the preservation of life, to induce or force persons unlawfully
assembled to disperse before an attack is made upon such persons by
which their lives may be endangered.
(c)
No liability, criminal or civil, shall be imposed upon any person
authorized to disperse or assist in dispersing a riot or unlawful
assembly for any action of such person which was taken after those
rioting or unlawfully assembled had been commanded to disperse, and
which action was reasonably necessary, under all the circumstances,
to disperse such riot or unlawful assembly or to arrest those who
failed or refused to disperse.
[Code 1962, §§ 16B-1 — 16B-3]
(a)
Whenever the Mayor, or in the event of his inability to act, the
Vice-Mayor, determines that an emergency exists as a result of mob
action or other civil disobedience causing danger of injury to or
damages to persons or property, he shall have power to proclaim the
existence of such emergency and to impose, in such proclamation, any
or all of the following regulations necessary to preserve the peace
and order of the City:
(1)
To impose a curfew upon all or any portion of the City, thereby
requiring all persons in such designated curfew areas to forthwith
remove themselves from the public streets, alleys, parks or other
public places; however, physicians, nurses and ambulance operators
performing medical services, utility personnel maintaining essential
public services, firemen and City authorized or requested law enforcement
officers and personnel may be exempted from such curfew.
(2)
To order the closing of any business establishments anywhere
within the City for the period of the emergency, such businesses to
include, but not be limited to, those selling intoxicating liquors,
wine, beer, gasoline or firearms.
(3)
To designate any public street, thoroughfare or vehicle parking
areas closed to motor vehicles and pedestrian traffic for the period
of the emergency.
(4)
To call upon regular and auxiliary law enforcement agencies
and organizations within or without the City to assist in preserving
and keeping the peace within the City.
(b)
The proclamation of emergency provided for herein shall become effective
upon its issuance and dissemination to the public by appropriate news
media.
(c)
Any emergency proclaimed in accordance with the provisions of this
section shall terminate after 72 hours from the issuance thereof,
or upon the issuance of a proclamation determining that an emergency
no longer exists, whichever occurs first; however, such emergency
may be extended by proclamation of the Mayor, or in the event of his
inability to act, the Vice-Mayor, for such additional periods of time
as determined necessary by resolution of the City Council.
[Code 1962, § 16B-4]
Any person who shall willfully fail or refuse to comply with a proclamation issued pursuant to § 19-31 or with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing such proclamation shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be punished by a fine of not more than $100 or by imprisonment in jail for a period not to exceed six months, or by both such fine and imprisonment.
[Ord. No. 94-7, 7-11-1994]
(a)
It shall be unlawful for any person to knowingly, voluntarily and
intentionally appear in public, or in a public place, in a state of
nudity in this City, or employ, encourage or procure another person
to so appear, or aid or abet another person who so appears.
(b)
As used in this section, "state of nudity" means a state of undress
so as to expose the human male or female genitals, pubic area or buttocks
with less than a fully opaque covering or the showing of the female
breast with less than a fully opaque covering of any portion thereof
below the top of the nipple.
(c)
As used in this section "public place" means any place which the
public may enter, with or without an admission charge, a place open
to public view or any other place open to the public.
(d)
Nothing contained in this section shall be construed to apply to
the exhibition, presentation, showing or performance of any play,
ballet, drama, production or motion picture in any theatre, concert
hall, museum of fine arts, school, institution of higher learning
or other similar establishment which is primarily devoted to such
exhibitions, presentations, shows or performances as a form of expression
of opinion, communication, speech, ideas, information, act or drama,
as differentiated from commercial or business advertising, promotion
or exploitation of nudity for the purpose of advertising, promotion,
selling or serving products or services or otherwise advancing the
economic welfare of a commercial or business enterprise, such as a
hotel, motel, bar, nightclub, restaurant, tavern, dance hall, photography
studio or a commercial establishment for which a price of admission
is charged.
[Code 1962, §§ 18-59 — 18-61]
(a)
Any person, being married, who voluntarily shall have sexual intercourse
with any person not his or her spouse shall be deemed guilty of adultery.
(b)
Any person, not being married, who voluntarily shall have sexual
intercourse with any other person shall be deemed guilty of fornication.
(c)
If any person shall commit adultery or fornication, such person shall
be guilty of a Class 4 misdemeanor.
[Code 1962, § 18-62]
If any person commits adultery or fornication with any person
whom he or she is forbidden by law to marry, such person shall be
guilty of a misdemeanor; provided, however, that this section shall
not be construed to apply to a person committing adultery or fornication
with his daughter or granddaughter, or with her son or grandson, or
her father or his mother.
[Code 1962, § 18-63]
If any persons, not married to each other, lewdly and lasciviously
associate and cohabit together, or, whether married or not, be guilty
of open and gross lewdness and lasciviousness, each of them shall
be guilty of a Class 3 misdemeanor; and, upon a repetition of the
offense and conviction thereof, each of them shall be guilty of a
Class 1 misdemeanor.
[Code 1962, § 18-64]
Any person who, for money or its equivalent, commits adultery
or fornication, or offers to commit adultery or fornication and thereafter
does any substantial act in furtherance thereof, shall be guilty of
being a prostitute, or of prostitution, which shall be a misdemeanor.
[Code 1962, §§ 18-65, 18-66]
(a)
It shall be unlawful for any person to keep any bawdy place, or to
frequent, reside in or at or visit, for immoral purposes, any bawdy
place.
(b)
For the purpose of this section, "bawdy place" shall mean any place,
within or without any building or structure, within this City which
is used or is to be used for lewdness, assignation or prostitution.
The term shall include, but shall not be limited to, every house of
prostitution, house of ill fame, bawdyhouse, house of assignation
and brothel.
(c)
In a prosecution for a violation of this section, the general reputation
of the place may be proved.
[Code 1962, § 18-67]
It shall be unlawful for any person, with knowledge of or good
reason to believe the immoral purpose of such visit, to take or transport
or assist in taking or transporting, or offer to take or transport,
on foot or in any way, any person to a place, whether within or without
any building or structure, used or to be used for the purpose of lewdness,
assignation or prostitution within the City; or to procure or assist
in procuring for the purposes of illicit sexual intercourse, or to
give any information or direction to any person with intent to enable
such person to commit an act of prostitution.
[Code 1962, § 18-68]
It shall be unlawful for any owner or chauffeur of any vehicle,
with knowledge or reason to believe the same is to be used for such
purpose, to use the same or to allow the same to be used for the purpose
of prostitution or unlawful sexual intercourse, or to aid or promote
such prostitution or unlawful sexual intercourse by the use of any
such vehicle.
[Code 1962, § 18-69]
[Code 1962, § 18-38; amended by Ord. No. 128, 3-27-1978]
Every person who intentionally makes an obscene display or exposure
of his person, or the private parts thereof, in any public place,
or in any place where others are present, or procures another to so
expose himself, shall be guilty of a misdemeanor.
[Code 1962, § 18-10]
Any manufacturer of cigarettes who shall employ opium, marijuana,
loco weed or any other sedative, narcotic or hypnotic drug, or like
chemical or controlled substance, either in the tobacco used or paper
wrappers of cigarettes, cigars, tobacco or any otherwise undiluted
foodstuff or beverage, other than that advertised, sold and used as
a drug or medicine, shall be guilty of a misdemeanor.
[Code 1962, § 18-28.2]
It shall be unlawful for any purchaser to falsely represent,
in writing in any contract for the purchase of real estate, that the
property referred to in such contract is intended for use as the personal
residence of such purchaser. A violation of this section shall constitute
a Class 3 misdemeanor.
[Code 1962, § 18-29]
Whoever puts up at a hotel, motel or boardinghouse or obtains
food from a restaurant or other eating house and, without having an
express agreement for credit, procures food, entertainment or accommodation
without paying therefor and with intent to cheat or defraud the owner
or keeper of such hotel, motel, boardinghouse, restaurant or other
eating house out of the pay for the same; or, with intent to cheat
or defraud such owner or keeper out of the pay therefor obtains credit
at a hotel, motel, boardinghouse, restaurant or other eating house
for such food, entertainment or accommodation by means of any false
show of baggage or effects brought thereto; or, with such intent,
obtains credit at a hotel, motel, boardinghouse, restaurant or other
eating house for such food, entertainment or accommodation through
any misrepresentation or false statement; or, with such intent, removes
or causes to be removed any baggage or effects from hotel, motel,
boardinghouse, restaurant or other eating house while there is a lien
existing thereon for the proper charges due from him for fare and
board furnished therein, shall be guilty of a Class 2 misdemeanor.
[Code 1962, § 18-30]
Whoever stores a motor vehicle with any person engaged in the
business of conducting a garage for the storage of motor vehicles
and furnishing supplies to motor vehicles, and obtains supplies for
such motor vehicle, without having an express agreement for credit,
or procures storage or supplies on account of such motor vehicle so
stored, without paying therefor, and with the intent to cheat or defraud
the owner or keeper of such garage; or, with such intent, obtains
credit at such garage for such storage or supplies through any misrepresentation
or false statement; or, with such intent, removes or causes to be
removed any such motor vehicle from any such garage while there is
a lien existing thereon for the proper charges due from him for storage
or supplies furnished thereon, shall be guilty of a Class 2 misdemeanor.
[Code 1962, § 18-31]
If any person shall buy or receive secondhand grate baskets,
keys, bells and bell fixtures, gas fixtures, water fixtures, water
pipes, gas pipes, or any part of such fixtures or pipes, with intent
to defraud, he shall be guilty of a Class 2 misdemeanor. Possession
of any such secondhand materials, if bought or received from any other
person than the manufacturer thereof or his authorized agent or the
owner thereof, shall be prima facie evidence of such intent.
[Code 1962, § 18-11; amended by Ord. No. 121, 3-27-1978]
Any person who shall operate, cause to be operated, or attempt
to operate or cause to be operated any coin box telephone, parking
meter, vending machine or other machine that operates on the coin-in-the-slot
principle, whether of like kind or not, designed only to receive lawful
coins of the United States of America, in connection with the use
or enjoyment of telephone or telegraph service, parking privileges
or any other service, or the sale of merchandise or other property,
by means of a slug, or any false, counterfeit, mutilated, sweated
or foreign coin, or by any means, method, trick or device whatsoever,
not authorized by the owner, lessee or licensee of such coin box telephone,
parking meter, vending machine or other machine; or who shall obtain
or receive telephone or telegraph service, parking privileges, merchandise
or any other service or property from any such coin box telephone,
parking meter, vending machine or other machine, designed only to
receive lawful coins of the United States of America, without depositing
in or surrendering to such coin box telephone, parking meter, vending
machine or other machine lawful coins of the United States of America
to the amount required therefor by the owner, lessee or licensee of
such coin box telephone, parking meter, vending machine or other machine,
shall be guilty of a Class 3 misdemeanor.
[Code 1962, §§ 18-32, 18-33; amended by Ord. No. 125, 3-27-1978; Ord. No. 126, 3-27-1978; Ord. No. 169, 9-8-1980]
(a)
Any person who, with intent to defraud, shall make or draw or utter
or deliver any check, draft or order for the payment of money, in
any sum under $200 upon any bank, banking institution, trust company
or other depository, knowing, at the time of such making, drawing,
uttering or delivering, that the maker or drawer has not sufficient
funds in, or credit with, such bank, banking institution, trust company
or other depository, for the payment of such check, draft or order,
although no express representation is made in reference thereto, shall
be guilty of larceny and punishable as for a Class 1 misdemeanor.
(b)
The word "credit" as used in Subsection (a) above shall be construed to mean any arrangement or understanding with the bank, banking institution, trust company or other depository for the payment of such check, draft or order.
(c)
Any person making, drawing, uttering or delivering any such check,
draft or order in payment as a present consideration for goods or
services for the purposes set out in this section shall be guilty
as provided herein.
(d)
In any prosecution or action under this section, the making or drawing
or uttering or delivery of a check, draft or order, payment of which
is refused by the drawee because of lack of funds or credit, shall
be prima facie evidence of intent to defraud or of knowledge of insufficient
funds in, or credit with, such bank, banking institution, trust company
or other depository, unless such maker or drawer, or someone for him,
shall have paid the holder thereof the amount due thereon, together
with interest, and protest fees, if any, within five days after receiving
written notice that such check, draft or order has not been paid to
the holder thereof. Notice mailed by certified or registered mail,
evidenced by a return receipt, to the last-known address of the maker
or drawer shall be deemed sufficient and equivalent to notice having
been received by the maker or drawer. If such check, draft or order
shows on its face a printed or written address, home, office or otherwise,
of the maker or drawer, then the foregoing notice, when sent by certified
or registered mail to such address, with or without return receipt
requested, shall be deemed sufficient and equivalent to notice having
been received by the maker or drawer, whether such notice shall be
returned undelivered or not.
(e)
When a check is drawn on a bank in which the maker or drawer has
no account, it shall be presumed that such check was issued with intent
to defraud, and the five-day notice set forth above shall not be required
in such case.
[Code 1962, § 18-34; amended by Ord. No. 127, 3-27-1978]
(a)
In any civil action growing out of an arrest under § 19-49, no evidence of statements or representations as to the status of the check, draft, order or deposit involved, or of any collateral agreement with reference to the check, draft or order, shall be admissible unless such statements, representations or collateral agreement be written upon the instrument at the time it is given by the drawer.
(b)
If payment of any check, draft or order for the payment of money is refused by the bank, banking institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument is arrested or prosecuted under the provisions of § 19-49 for failure or refusal to pay such instrument, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in any suit for damages that may be brought by the person who drew or uttered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where it was refused, and then waited five days after notice, as provided in § 19-49, without the amount due under the provisions of such instrument being paid.
[Code 1962, § 18-43]
Any person who knowingly and willfully states, delivers or transmits,
by any means whatsoever, to any publisher, or employee of a publisher,
of any newspaper, magazine or other publication, any false and untrue
statement concerning any person or corporation, with intent that the
same shall be published, shall be guilty of a Class 3 misdemeanor.
[Code 1962, § 18-37]
If any person shall hypnotize or mesmerize or attempt to hypnotize
or mesmerize any person, he shall be guilty of a Class 3 misdemeanor.
This section shall not apply to hypnotism or mesmerism performed by
a licensed physician or surgeon, or at his request, in the practice
of his profession.
[Code 1962, § 18-54; amended by Ord. No. 129, 3-27-1978; Ord. No. 170, 9-8-1980]
Any person who: (1) commits larceny from the person of another
of money or other thing of value of less than $5; or (2) commits simple
larceny not from the person of another of goods and chattels of the
value of less than $200; shall be deemed guilty of petit larceny,
which shall be punishable as a Class 1 misdemeanor.
[Code 1962, §§ 18-12 — 18-14; amended
by Ord. Nos. 122 - 124, 3-27-1978; Ord. No. 171, 9-8-1980]
(a)
Whoever, without authority, with the intention of converting goods
or merchandise to his own or another's use without having paid the
full purchase price thereof, or of defrauding the owner of the value
of the goods or merchandise: (1) willfully conceals or takes possession
of the goods or merchandise of any store or other mercantile establishment;
or (2) alters the price tag or other price marking on such goods or
merchandise, or transfers the goods from one container to another;
or (3) counsels, assists, aids or abets another in the performance
of any of the above acts; shall, if the value of the goods or merchandise
is less than $200, be deemed guilty of a misdemeanor. The willful
concealment of goods or merchandise of any store or other mercantile
establishment, while still on the premises thereof, shall be prima
facie evidence of an intent to convert and defraud the owner thereof
out of the value of the goods or merchandise.
(b)
Any person convicted for the first time of an offense under this
section shall be punished as for a Class 1 misdemeanor.
(c)
Any person convicted of an offense under this section, when it is
alleged in the warrant or information on which he is convicted, and
admitted, or found by the jury or judge before whom he is tried, that
he has been before convicted in the commonwealth for a like offense,
regardless of the value of the goods or merchandise involved in the
prior conviction, shall be confined in jail not less than 30 days
nor more than 12 months.
(d)
A merchant or agent or employee of a merchant who causes the arrest
of any person pursuant to the provisions of this section shall not
be held civilly liable for unlawful detention if such detention does
not exceed one hour, slander, malicious prosecution, false imprisonment,
false arrest or assault and battery of the person so arrested or detained,
whether such arrest takes place on the premises of the merchant or
after close pursuit from such premises by such merchant, his agent
or employee; provided that, in causing the arrest or detention of
such person, the merchant, agent or employee of the merchant had,
at the time of such arrest or detention, probable cause to believe
that the person had shoplifted or committed willful concealment of
goods or merchandise. As used in this subsection, "agents of the merchant"
shall include attendants at any parking lot owned or leased by the
merchant, or generally used by customers of the merchant through any
contract or agreement between the owner of the parking lot and the
merchant.
[Code 1962, § 18-57]
If any person shall buy or receive from another person, or aid in concealing, any stolen goods or other thing, the subject of petit larceny under § 19-53, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender is not convicted.
[Code 1962, §§ 2-2, 18-39]
It shall be unlawful for any person to willfully or maliciously
damage or injure any property not his own, real or personal, public
or private.
[Code 1962, §§ 18-80 — 18-82]
(a)
Any person who shall, individually or in association with one or
more others, willfully break, injure, tamper with or remove any part
of any vehicle, aircraft, boat or vessel for the purpose of injuring,
defacing or destroying such vehicle, aircraft, boat or vessel, or
temporarily or permanently preventing its useful operation, or for
any purpose against the will or without the consent of the owner of
such vehicle, aircraft, boat or vessel, or who shall in any other
manner willfully or maliciously interfere with or prevent the running
or operation of such vehicle, aircraft, boat or vessel, shall be guilty
of a misdemeanor.
(b)
Any person who shall, without the consent of the owner or person
in charge of a vehicle, aircraft, boat, vessel or locomotive or other
rolling stock of a railroad, climb into or upon such vehicle, aircraft,
boat, vessel or locomotive or other rolling stock of a railroad, with
intent to commit any crime, malicious mischief or injury thereto,
or who, while a vehicle, aircraft, boat, vessel or locomotive or other
rolling stock of a railroad, is at rest and unattended, shall attempt
to manipulate any of the levers and starting crank or other device,
brakes or mechanism thereof or to set such vehicle, aircraft, boat,
vessel or locomotive or other rolling stock of a railroad, in motion,
with the intent to commit any crime, malicious mischief or injury
thereto, shall be guilty of a misdemeanor. This subsection shall not
apply when any such act is done in an emergency or in furtherance
of public safety or by or under the direction of an officer in the
regulation of traffic or performance of any other official duty.
(c)
The provisions of this section shall not apply to a bona fide repossession
of a vehicle, aircraft, boat or vessel by the holder of a lien on
such vehicle, aircraft, boat or vessel, or by agents or employees
of such lienholder.
[Code 1962, § 18-72; amended by Ord. No. 133, 3-27-1978; Ord. of 2-14-2000]
If any person shall, without authority of law, go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted on such lands, buildings, premises or part, portion or area thereof, at a place where it may reasonably be seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises goes upon or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Code of Virginia, § 16.1-253, 16.1-253.1, or 16.1-279.1, or an ex parte order issued pursuant to Code of Virginia, § 20-103, and after having been served with such order, he shall be guilty of a Class I misdemeanor.
[Ord. of 2-14-2000]
(a)
Any owner of real property in the City may designate in writing the
City Police Department as "a person lawfully in charge of the property"
for the purpose of forbidding another to go or remain upon the lands,
buildings or premises of the owner on forms to be supplied to such
owners by the Police Department. The forms shall require that the
property be specifically identified and that the designation shall
be for an indefinite period until the designation is withdrawn in
writing. The forms shall be kept on file at the Police Department.
[Code 1962, § 18-73; amended by Ord. No. 134, 3-27-1978]
If any person shall solicit, urge, encourage, exhort, instigate
or procure another or others to go upon or remain upon the lands,
buildings or premises of another, or any part, portion or area thereof,
knowing such other person to have been forbidden, either orally or
in writing, to do so by the owner, lessee, custodian or other person
lawfully in charge thereof, or knowing such other person to have been
forbidden to do so by a sign posted on such lands, buildings or premises,
or part, portion or area thereof, at a place where it may reasonably
be seen; or if any person shall, on such lands, buildings or premises,
or part, portion or area thereof, prevent or seek to prevent the owner,
lessee, custodian, person in charge or any of his employees from rendering
service to any person not so forbidden, he shall be deemed guilty
of a misdemeanor.
[Code 1962, § 18-74; amended by Ord. No. 135, 3-27-1978]
If any person shall unlawfully enter upon the property of another,
in the nighttime, and secretly or furtively peep through or attempt
to so peep, into, through, or spy through a window, door or other
aperture of any building, structure or other enclosure of any nature
occupied or intended for occupancy as a dwelling, whether or not such
building, structure or enclosure is permanently situated or transportable,
and whether or not such occupancy is permanent or temporary, such
person shall be guilty of a misdemeanor.
[Code 1962, § 18-76; amended by Ord. No. 137, 3-27-1978]
It shall be unlawful for any person, without the consent of
some person authorized to give such consent, to go or enter upon,
in the nighttime, the premises or property of any church or upon any
school property for any purpose other than to attend a meeting or
service held or conducted in such church or school property. Any person
violating this section shall be guilty of a Class 4 misdemeanor.
[Code 1962, § 18-77]
It shall be unlawful for any person to enter the land, dwelling,
outhouse or any other building of another for the purpose of damaging
such property or any of the contents thereof or in any manner to interfere
with the rights of the owner, user or occupant thereof to use such
property free from interference.
[Code 1962, § 16-2]
(a)
No person shall spit, expectorate or deposit any sputum, saliva,
mucus or any form of saliva or sputum upon the floor, stairways or
any other part of any public building or place where the public assembles,
or upon the floor or any other part of any public conveyance, or upon
any sidewalk abutting on any public street, alley or lane of the City.
(b)
A violation of this section shall constitute a Class 4 misdemeanor.
[Code 1962, § 16-1]
In case of an epidemic of any contagious or infectious disease
in or near the vicinity of the City, if compulsory vaccination of
all inhabitants of the City is required by order of the Health Officer,
every inhabitant of the City shall comply with such order and be vaccinated.
If any such inhabitant refuses to be vaccinated, he shall be quarantined
in his place of residence until he complies with such order of vaccination.
[Code 1962, § 18-58]
(a)
It shall be unlawful for any person to discard, abandon, leave or
allow to remain in any place any icebox, refrigerator or other container,
device or equipment of any kind with an interior storage area of more
than two cubic feet of clear space which is airtight, without first
removing the door or hinges from such icebox, refrigerator, container,
device or equipment.
(b)
This section shall not apply to any icebox, refrigerator, container,
device or equipment which is being used for the purpose for which
it was originally designed, or is being used for display purposes
by any retail or wholesale merchant, or is crated, strapped or locked
to such an extent that it is impossible for a child to obtain access
to any airtight compartment thereof.
(c)
A violation of this section shall constitute a Class 3 misdemeanor.
[Code 1962, § 18-39.1; amended by Ord. of 6-23-1986; Ord. of 5-28-1997(3); Ord. of 4-13-1998; Ord. No. 2005-6, 4-11-2005; 2-9-2015 by Ord. No.
2015-02]
(a)
It shall be unlawful for any person, firm or corporation to keep,
except within a fully enclosed building or structure or otherwise
shielded or screened from view, on any property zoned for residential,
commercial or agricultural purposes in the City any motor vehicle,
trailer or semitrailer as defined in Code of Virginia, § 46.2-100,
which is inoperative. The term "shielded or screened from view" shall
mean being in a place precluding visibility of the subject motor vehicle,
trailer or semitrailer by a person standing at ground level on all
adjacent streets, alleys and properties, such as in a fully enclosed
building which has solid walls and a roof or in an area enclosed by
a solid opaque fence or landscaping which is sufficient in height,
density and circumference to preclude such visibility. No vehicle,
trailer or semitrailer may be screened from view by a motor vehicle
cover.
(b)
The Zoning Administrator must approve the design, height, density
and circumference of any fence or landscaping used to screen any inoperative
motor vehicle, trailer or semitrailer.
(c)
The term "inoperative motor vehicle, trailer or semitrailer" shall
mean any motor vehicle, trailer or semitrailer:
(1)
Which is not in operating condition;
(2)
Which for a period of 60 days or longer has been partially or
totally disassembled by the removal of tires and wheels, the engine
or other essential parts required for the operation of the vehicle;
or
(3)
On which there are displayed neither valid license plates nor
a valid inspection decal.
(e)
The owner(s) of property zoned for residential, commercial or agricultural purposes shall, within seven days of the mailing of notice that an inoperative motor vehicle, trailer or semitrailer is located on his, her or their property by certified mail or delivery of notice by the Community Development Director or his or her designee, remove such inoperative motor vehicles, trailers or semitrailers which are in violation of Subsection (a) above.
(f)
In the event that the owner(s) of property zoned for residential,
commercial or agricultural purposes fails to remove such inoperative
motor vehicles, trailers or semitrailers within seven days of notice
thereof, employees or agents of the City may remove them from the
premises of the owner for disposal.
(g)
In the event the owner of such inoperative motor vehicles, trailers
or semitrailers or the owner(s) of the premises on which such motor
vehicles, trailers or semitrailers were kept wishes to obtain the
property before it is disposed of, such owner(s) shall pay a $100
administrative fee to the City plus the towing fee and the storage
fee of any agent of the City who has removed such property from the
premises and stored it, whichever is applicable.
(h)
In the event that any inoperative motor vehicle, trailer or semitrailer is removed from the premises of the owner(s) by employees or agents of the City and not redeemed by the owner thereof, then the City may, in the manner provided in § 19-66.1 of this Code, dispose of such inoperative motor vehicle, trailer or semitrailer.
(i)
The costs of such removal, storage and disposal by the City in excess
of any proceeds derived from the sale of the motor vehicle, trailer
or semitrailer shall be assessed against the owner of the vehicle
and the owner(s) of the premises and may be collected by the City
as taxes and levies are collected.
[Ord. of 5-28-1997(4)]
(a)
ABANDONED MOTOR VEHICLE
(1)
(2)
(3)
DEMOLISHER
DEPARTMENT
GARAGEKEEPER
INOPERABLE ABANDONED MOTOR VEHICLE
For the purposes of this section, the following words and phrases
shall have the following meanings:
A motor vehicle, trailer or semitrailer or part of a motor
vehicle, trailer or semitrailer that:
Is inoperable and is left unattended on public property for
more than 48 hours;
Has remained illegally on public property for more than 48 hours;
or
Has remained for more than 48 hours on private property without
the consent of the property's owner regardless of whether it was brought
onto the private property with the consent of the owner or person
in control of the private property.
Any person, firm or cooperation whose business is to convert
a motor vehicle, trailer or semitrailer into processed scrap metal
or otherwise to wreck or dismantle such vehicles.
Department of motor vehicles of the commonwealth.
Any operator of a parking place, motor vehicle storage facility,
or establishment for the servicing, repair or maintenance of motor
vehicles.
An abandoned motor vehicle which is inoperable and whose
fair market value, as determined by the commissioner of revenue, is
less than the cost of its restoration to an operable condition.
(b)
All notices which are required to be given by this article shall
be in writing and shall be deemed given when mailed by registered
or certified mail, return receipt requested.
(c)
It shall be unlawful for any person to cause or permit any motor
vehicle to become an abandoned motor vehicle as defined herein in
the City. In any prosecution for a violation hereof proof that the
defendant was, at the time that the vehicle was found abandoned, the
owner of the vehicle shall constitute in evidence a rebuttal presumption
that the owner was the person who committed the violation. Such presumption,
however, shall not arise if the owner of the vehicle provided notice
to the department, as provided in Code of Virginia, § 46.2-604,
that he had sold or otherwise transferred the ownership of the vehicle.
A summons for a violation of this section shall be executed
by mailing a copy of the summons by first class mail to the address
of the owner of the vehicle as shown on the records of the department.
If the person fails to appear on the date of return set out in the
summons, a new summons shall be issued and delivered to the sheriff
for service on the accused personally. If the person so served then
fails to appear on the date of return set out in the summons, proceedings
for contempt shall be instituted.
(d)
Any person convicted of a violation of this section shall be subject
to a civil penalty of not more than $500. If any person fails to pay
any such penalty, his privilege to drive a motor vehicle on the highways
of the state shall be suspended as provided in Code of Virginia, § 46.2-395.
All penalties collected hereunder shall be paid into the state treasury
to be credited to the literary fund as provided in Code of Virginia,
§ 46.2-114.
(e)
The City Manager, or designee, may take or cause to be taken into
custody any abandoned motor vehicle, may have the commissioner of
revenue make a determination as to whether the motor vehicle is operable
or inoperable as defined hereinabove, and may dispose of such abandoned
motor vehicle. In this connection the City may employ its own personnel,
equipment and facilities or hire independent contractors for the purpose
of removing, preserving and storing abandoned motor vehicles.
(f)
When the City takes an abandoned motor vehicle into custody, the
City Manager, or designee, shall within 15 days notify the owner of
record of the motor vehicle and all persons having security interests
in the vehicle of record that it has been taken into custody. The
notice shall state the year, make, model and serial number of the
abandoned motor vehicle; set forth the location of the facility where
it is being held; and inform the owner and any persons having security
interests of their right to reclaim it within 15 days after the date
of the notice, after payment of all towing, preservation and storage
charges resulting from placing the vehicle in custody. The notice
shall state that the failure of the owner or persons having security
interests to reclaim the vehicle within the time provided shall constitute
a waiver by the owner and all persons having security interests of
all right, title and interest in the vehicle, and shall further constitute
consent to the sale of the abandoned motor vehicle at a public auction.
(g)
If records of the department contain no address for the owner or
no address of any person shown by the department's records to have
a security interest, or if the identity and addresses of the owner
and all persons having security interests cannot be determined with
reasonable certainty, notice by publication once in a newspaper of
general circulation in the City shall be sufficient to meet all requirements
of notice pursuant to this section as to any person who cannot be
notified pursuant to the foregoing provision of this section. Notice
by publication may contain multiple listings of abandoned motor vehicles.
Any notice of this kind shall be within the time requirements prescribed
by this section for the notice by mail and shall have the same contents
required for a notice by mail.
(h)
The consequence of failure to reclaim an abandoned motor vehicle
shall be set forth in any notice given under this section.
(i)
In the event the owner of an abandoned motor vehicle wishes to reclaim
such vehicle before it is disposed of, such owner shall pay a $50
removal fee to the City or the towing fee, not to exceed $50, and
storage fee of any agent of the City who has towed and stored the
vehicle.
(j)
If an abandoned motor vehicle is not reclaimed as provided above,
the City Manager, or designee, shall, notwithstanding the provisions
of Code of Virginia, § 46.2-617, sell it or cause it to
be sold at public auction. The purchaser of the motor vehicle shall
take title to the motor vehicle free of all liens and claims of ownership
of others, shall receive a sales receipt at the auction, and shall
be entitled to apply for and receive from the department a certificate
of title and registration card for the vehicle. The sales receipt
from the sale shall be sufficient title only for purposes of transferring
the vehicle to a demolisher for demolition, wrecking or dismantling,
and in that case no further titling of the vehicle shall be necessary.
From the proceeds of the sale of an abandoned motor vehicle the City
or its authorized agent shall reimburse itself for the expenses of
the auction, the cost of towing, preserving and storing the vehicle
which resulted from placing the abandoned motor vehicle in custody,
and all notice and publication costs incurred pursuant to this section.
Any remainder from the proceeds of a sale shall be held for the owner
of the abandoned motor vehicle or any person having security interests
therein, as their interests may appear, for 90 days, and then be deposited
into the general fund of the City.
(k)
Notwithstanding Subsection (a) above, any motor vehicle, trailer, semitrailer or part thereof shall be considered abandoned and may be reported by the garagekeeper to the City if it has been left in a garage for more than 10 days or for more than 10 days beyond the period when the vehicle was to remain on the premises pursuant to a contract, after notice to the owner of record and all persons having security interest of record therein to reclaim the vehicle within 15 days of the notice. Any abandoned motor vehicle left in a garage may be taken into custody by the City in accordance with the provisions of this section and shall be subject to the notice and sale provisions set forth in this section. If, however, the vehicle is reclaimed, the person reclaiming it, in addition to the other charges required to be paid, shall pay the reasonable charges of the garagekeeper unless otherwise provided by contract. If the vehicle is sold pursuant to the provisions of this section, any garagekeeper's charges shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction, the costs of towing, preserving and storing the vehicle which resulted from placing the vehicle in custody and all notice and publication costs.
(l)
Notwithstanding any other provisions of this section, any inoperable
motor vehicle, trailer, semitrailer or part of a motor vehicle, trailer
or semitrailer or semitrailer which has been taken into custody pursuant
to this section may be disposed of to a demolisher without the title
and without the notification procedures otherwise required by this
section. The demolisher, on taking custody of the inoperable motor
vehicle, trailer or semitrailer, shall notify the department on forms
and in the manner prescribed by the commissioner.
(m)
When an inoperable abandoned motor vehicle left on property in the City has been disposed of under Subsection (l) above, the City Manager, or designee, shall notify the department of such demolition on forms provided by the department for reimbursement under Code of Virginia, § 46.2-1207, and shall deposit any reimbursement received into the general funds of the City.
[Code 1962, § 18-83]
(a)
Every person who has caused to be dug on his own land or the land
of another any well or pit shall fill such well or pit with earth,
so that the same shall not be dangerous to human beings, animals or
fowl before such well or pit is abandoned. Any person owning land
whereon any well or pit is located shall, in the same manner, fill
with earth such well or pit which has been abandoned provided such
person has knowledge of the existence of such well or pit.
(b)
Any person violating any provision of this section shall be deemed
guilty of a Class 3 misdemeanor.
[Code 1962, § 18-84]
(a)
Every person owning or occupying any land on which there is a well
having a diameter greater than six inches and which is more than 10
feet deep shall at all times keep the same covered in such a manner
as not to be dangerous to human beings, animals or fowl.
(b)
Any person violating the provisions of this section shall be guilty
of a Class 3 misdemeanor.
[Code 1962, § 18-85]
It shall be unlawful for any person to pollute or contaminate
any artesian well used for public drinking water purposes or to cast
or throw any foreign object in any concrete basin attached to such
well.
[Ord. of 12-12-1994]
(a)
It shall be unlawful for any minor under the age of 18 to be present
on or in any street, road, alley, park, vacant lot, place of amusement
or other public place in the City, or in any vehicle operating or
parked thereon, between the hours of 12:00 midnight and 5:00 a.m.
of the following day. The provisions of the section shall not apply
to:
(1)
Any minor accompanied by his or her parent or guardian;
(2)
Any minor engaged in an emergency errand reasonably necessary
to safeguard life, limb or property;
(3)
Any minor who, with the permission of his or her parent or guardian
is, at his or her lawful place of employment or is going directly
to or from such place;
(4)
Any minor who, with the permission of his or her parent or guardian,
is in a motor vehicle travelling through, to or from the City; or
(5)
Any minor who, with the permission of his or her parent or guardian,
is in attendance at, or going directly to or directly from an activity
sponsored by the City or any department or agency thereof, any public
school, licensed private school or church.
(b)
Whenever any police or other officer charged with the duty of enforcing
the laws of this state or the ordinances of this City shall discover
that any minor may be in violation of the provisions of this section,
the officer shall make an immediate investigation thereof. If such
investigation reveals that such presence of such minor is in violation
of any of the provisions of this section, then the officer shall take
the name and address of such minor and the name and address of the
parent or guardian of such minor and may issue a summons or otherwise
notify such minor and such parent or guardian in writing, to appear
before the judge of the juvenile and domestic relations court of the
City at a time to be specified in such summons or notice to be there
dealt with according to the provisions of this section and the laws
of the state applicable thereto. The officer shall also order such
minor to forthwith proceed to his home or place of abode; and should
such minor refuse or fail so to do, the officer shall take such minor
to his or her home or place of abode should he deem such advisable.
(c)
Should any such minor refuse to give such officer his name and address
or the name and address of his parent or guardian such officer shall
take such minor to police headquarters and there detain him or her
until such time as he or she can be turned over to the officers of
the juvenile and domestic relations court of the City to be dealt
with in the manner required by law.
(d)
Any minor violating the provisions of this section shall be dealt
with in accordance with juvenile law and procedure as a status offender
as defined in Code of Virginia, § 16.1-228, and shall be
subject to any order or disposition authorized by Code of Virginia,
§ 16.1-278.4.
(e)
It shall be unlawful, and it shall constitute a Class 1 misdemeanor
for any parent or guardian to knowingly permit such minor to violate
the provisions of this section.
[Ord. of 3-27-1995]
It shall be unlawful for any person to urinate on any public
street, alley, sidewalk, park or other public place or area where
the public gathers or has access, other than in facilities designed
for such purpose. Any person violating this section shall be deemed
guilty of a misdemeanor and upon conviction shall be punished for
a fine not exceeding $100.
[Ord. of 10-28-1996(2); amended by Ord. No.
2004-25, 10-25-2004]
(a)
Halloween shall be celebrated on October 31 of each year, except
that if October 31 falls on a Sunday, then Halloween shall be celebrated
on the preceding Saturday.
(b)
If any person over the age of 12 years shall go upon the property
of another, without prior invitation, and engage in the activity commonly
known as "trick or treat" or any other activity of similar character
or nature under any name whatsoever, he shall be guilty of a Class
4 misdemeanor. Nothing herein shall be construed as prohibiting any
parent, guardian or other responsible person, having lawfully in his
custody a child 12 years old or younger, from accompanying such child
who is playing "trick or treat" for the purpose of caring for, looking
after or protecting such child.
(c)
If any person shall go upon the property of another, without prior
invitation, and engage in such activity after 8:00 p.m., he shall
be guilty of a Class 4 misdemeanor.
