City of Galax, VA
Carroll County
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[HISTORY: Adopted by the City Council of the City of Galax as Ch. 11 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 71.
Licensing — See Ch. 86.

§ 107-1 Abusive or profane language.

§ 107-2 Annoyance or interference with school pupils.

§ 107-3 Assault or assault and battery.

§ 107-4 Attempted violations.

§ 107-5 Bad checks.

§ 107-6 (Reserved)

§ 107-7 Begging.

§ 107-8 Breach of peace.

§ 107-9 Carnivals and like exhibitions.

§ 107-10 City cemetery.

§ 107-11 Interference with City officers and employees.

§ 107-12 Refusal to assist police officer.

§ 107-13 Impersonation of officer.

§ 107-14 Tampering with personal property belonging to City.

§ 107-15 Damaging or trespassing upon real property belonging to City.

§ 107-16 Obstruction or interference with contractors doing work for City.

§ 107-17 Dance halls.

§ 107-18 Defrauding hotels, boardinghouses and restaurants.

§ 107-19 Disorderly conduct.

§ 107-20 Disturbance of public meetings of City government.

§ 107-21 Disturbance of religious worship.

§ 107-22 Disturbance of schools and literary societies.

§ 107-23 Disturbance of public assemblies.

§ 107-24 False alarms.

§ 107-25 Felts Park.

§ 107-26 Fires on streets.

§ 107-27 Gambling.

§ 107-28 Disruption or hampering of governmental functions.

§ 107-29 Halloween restrictions.

§ 107-30 Obscene books and pictures.

§ 107-31 Indecent exposure and acts.

§ 107-32 Merry-go-rounds.

§ 107-33 Curfew; parental responsibility.

§ 107-34 Regulation of poolrooms and places of amusement.

§ 107-35 Contributing to delinquency of children.

§ 107-36 Noise.

§ 107-37 Obstructing free passage.

§ 107-38 Obstructing justice.

§ 107-39 Placement of offensive matter on streets or lots.

§ 107-40 Records to be kept by pawnbrokers and junk dealers.

§ 107-41 Peeping or spying into dwelling.

§ 107-42 Petit larceny.

§ 107-43 Playing in streets.

§ 107-44 Poison in unsealed containers.

§ 107-45 Posters and handbills.

§ 107-46 Protection of personal property.

§ 107-47 Protection of real property.

§ 107-48 Injury to trees; posting or marking on fences, walls or other property.

§ 107-49 Profane cursing; public drunkenness.

§ 107-50 Abandoned refrigerators.

§ 107-51 Sales and delivery on sidewalks.

§ 107-52 Sirens.

§ 107-53 Slander and libel.

§ 107-54 Slot machines.

§ 107-55 Soliciting trade or business on streets.

§ 107-56 Expectoration.

§ 107-57 Use of telephone to disturb others.

§ 107-58 Unlawful assemblies and riots.

§ 107-59 Discharge of firearms.

§ 107-60 Concealed weapons.

§ 107-61 Sale or possession of certain weapons.

§ 107-62 Furnishing of firearms to minors.

§ 107-63 Dangerous missiles.

§ 107-1 Abusive or profane language.

If any person shall, in the presence or hearing of another, curse or abuse such person or use any violently abusive language to such person concerning himself or any of his relations, under circumstances reasonably calculated to provoke a breach of the peace, he shall, upon conviction, be fined not less than $2 nor more than $500.[1]
[1]:
Editor's Note: Former Secs. 11-2, Adultery or fornication, 11-3, dealing with altitude of aircraft over the City, and 11-4, dealing with aircraft dropping advertising matter, were deleted 11-13-1990.

§ 107-2 Annoyance or interference with school pupils.

A. 
It shall be unlawful for any person, under pretext of exercising his right to be on the public streets, to loiter near the premises of any female or public school in the City for the purpose of prying therein or to hold surreptitious communication with any of the pupils thereof or in any way act so as to disturb any of the pupils in the pursuit of their studies or amusements or in the observance of the regulations of such institutions.
B. 
It shall be unlawful for any person to accompany or follow any pupil of any female school in the City or of the public schools without the permission of the parent or guardian of the pupil or the teacher in charge of the pupil or to otherwise interfere with or annoy any such pupil.

§ 107-3 Assault or assault and battery.

It shall be unlawful for any person to commit an assault or an assault and battery on any other person within the City under circumstances not constituting a felony.

§ 107-4 Attempted violations.

A. 
It shall be unlawful for any person to attempt to commit any act which is prohibited by this chapter or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to the authority thereof.
B. 
It shall be unlawful for any person to attempt to avoid the doing of any act which is required by this chapter or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to the authority thereof.

§ 107-5 Bad checks.

A. 
As used in this section, the following terms shall have the meanings indicated:
CREDIT
Any arrangement or understanding with the bank, banking institution, trust company or other depository for the payment of such check, draft or order.
B. 
It shall be unlawful for any person with intent to defraud to make, draw, utter or deliver any check, draft or other order for the payment of less than $200 in money 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.
C. 
In any prosecution or action under Subsection B of this section, the making, drawing or uttering or delivery of a check, draft or order, the 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 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.
D. 
If such check, draft or order shows on its face a printed or written address, home, office or otherwise, of the maker or drawer, 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 the intent to defraud, and the five-day notice set forth above shall not be required in such case.
F. 
In any civil action growing out of an arrest under Subsection B of this section, 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 agreements are written upon the instrument at the time it is given by the drawer.

§ 107-6 (Reserved) [1]

[1]:
Editor's Note: Former § 107-6, Beer and wine sales restricted, was repealed 8-11-2003. This ordinance also provided that the hours during which beer and wine sales are permitted within the City are those allowable by the Commonwealth of Virginia regulations controlling the sale of alcoholic beverages.

§ 107-7 Begging.

It shall be unlawful for any person to beg upon any of the streets or other places within the City, and it shall be the duty of any of the officers of the City to notify such person of this section, and if he persists in begging upon the streets or other such places after being so notified, he shall be arrested by any police officer and charged with violation of this section.[1]
[1]:
Editor's Note: Former Sec. 11-10.1, Bingo games and raffles, which immediately followed this section, was deleted 11-13-1990. For current provisions on bingo, see Ch. 34, Bingo.

§ 107-8 Breach of peace.

It shall be unlawful for any person to make any disturbance within the City which constitutes a breach of the peace under the common law of the state.

§ 107-9 Carnivals and like exhibitions. [1]

[Amended 11-13-1990]
No carnival or other like show or exhibition shall exhibit within the City or within one mile of the City limits unless and until such carnival shall have made a deposit with the Director of Finance of $200 for each day on which an exhibition is proposed. The Chief of Police shall designate such members of the Police Department as he may deem necessary for the policing of such carnival or other exhibition, and the costs of such extra policing shall be paid out of the deposit so made, and the difference, if any, shall be refunded to the person by whom the deposit was made.[2]
[1]:
Editor's Note: For licensing of carnivals, see § 86-27 of this Code.
[2]:
Editor's Note: Former Sec. 11-13, Carnivals and like exhibitions—indecent shows or illegal games; bond, which immediately followed this section, was deleted 11-13-1990.

§ 107-10 City cemetery.

A. 
It shall be the duty of any person before burying a body in the City cemetery to secure a permit and pay for the cemetery lot before a grave is excavated therein. All graves must be dug and kept in line as outlined on the cemetery map. All dirt must be immediately removed after burial, and no fence or obstruction shall be placed around the grave to interfere with mowing or upkeep. No shrubbery shall be planted without permission from the City Manager. All graves are to be kept level so as not to interfere with mowing.
B. 
It is hereby provided that the City of Galax retains the control and management of the City cemetery as a whole and the right to order any party interested therein to properly care for and keep his lot in the cemetery in respectable, clean shape, and the right is retained by the City to clean up any part of the cemetery if it is not kept properly and charge the cost thereof to the party interested.

§ 107-11 Interference with City officers and employees.

No person shall carelessly or willfully interfere with, resist, hinder or obstruct any officer or employee of the City who is engaged in, en route to or returning from the performance of an official duty, whether such interference, resistance, hindrance or obstruction is by threat, assault or otherwise.

§ 107-12 Refusal to assist police officer.

It shall be unlawful for any person to refuse to assist any police officer in making an arrest or preserving the peace when called upon by him to do so.

§ 107-13 Impersonation of officer.

No person shall falsely represent himself to be an officer or employee of the City or, without proper authority, wear or display any uniform, insignia or credential which identifies any City officer or employee, nor shall any person without proper authority assume to act as an officer or employee of the City, whether to gain access to premises, obtain information, perpetrate a fraud or for any other purpose, provided that nothing in this section shall be construed to prevent a private citizen from making a lawful citizen's arrest for a felony or breach of the peace committed in his presence.[1]
[1]:
Editor's Note: Former Sec. 11-18, City officers and employees—Courtesy, etc,. due to and from; prohibited acts, which immediately followed this section, was deleted 11-13-1990.

§ 107-14 Tampering with personal property belonging to City.

No person shall, without proper authority, knowingly use, tamper with, render inoperative, destroy, damage, remove, deface, molest or otherwise interfere with any books, records, furniture, equipment, gear, apparatus, tools or other items of personal property belonging to, leased to or used by the City or any agency thereof.

§ 107-15 Damaging or trespassing upon real property belonging to City.

No person shall, without proper authority, knowingly destroy, damage, deface, molest or otherwise interfere with or trespass upon any real property belonging to, leased to or used by the City or any agency thereof.

§ 107-16 Obstruction or interference with contractors doing work for City.

It shall be unlawful for any person to resist, abuse, obstruct or hinder any contractor or other person in the execution of any work for the City.

§ 107-17 Dance halls. [1]

A. 
Any person desiring to conduct a dance hall in which public dancing is to be allowed, where an admission fee is charged or a charge is made for participating in such dancing, shall first obtain a permit from the City Manager, who shall satisfy himself that the person applying is a proper person to conduct such dance hall and the location is suitable for such purpose, and in addition, the person so applying shall procure the license required for dance halls.
B. 
No such dance hall location within any restricted fire district, as defined in Chapter 58, shall remain open later than 12:00 midnight any night during the week, and any such dance hall shall remain closed from 12:00 midnight each night until 6:00 a.m. the following morning, provided that, with the consent of the City Manager, special permission may be granted for particular dances and such halls may remain open to such hour as may be specified in the permission.
C. 
Members of the police force shall have the right to enter such dance hall at all hours to see that the peace and quiet of the City are preserved.
[1]:
Editor's Note: For licensing of dence halls, see § 86-31 of this Code.

§ 107-18 Defrauding hotels, boardinghouses and restaurants.

Whoever puts up at a hotel, motel or boarding house 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 the 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 whoever, with the 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 whoever, 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 a 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 punished by imprisonment not exceeding 12 months or by a fine not exceeding one $1,000, or both, if the value of the service, credit or benefit procured is less than $200, provided that if the value of the service, credit or benefit procured is $200 or more, such person shall be deemed guilty of a Class 5 felony, punishable as provided in § 18.2-10, Code of Virginia.[1]
[1]:
Editor's Note: Former Sec. 11-24, dealing with disguises in public and mask wearing, which immediately followed this section, was deleted 11-13-1990.

§ 107-19 Disorderly conduct.

A. 
It shall be unlawful and shall constitute disorderly conduct for any person to do or engage in any of the following:
(1) 
Any person who shall act in a violent or tumultuous manner toward another, whereby any person is placed in fear of safety of his life, limb or health.
(2) 
Any person who shall act in a violent or tumultuous manner toward another, whereby public property or the property of any other person is placed in danger of being destroyed or damaged.
(3) 
Any person who shall endanger lawful pursuits of another by acts of violence, angry threats and abusive conduct.
(4) 
Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another or public property.
(5) 
Any person who shall assemble or congregate with another or others for the purpose of causing, provoking or engaging in any fight or brawl.
(6) 
Any person who shall be found jostling or roughly crowding or pushing any person in any public place.
(7) 
Any person who shall collect in bodies or in crowds for unlawful purposes.
(8) 
Any person who shall assemble or congregate with another or others for the purpose of or with the intent to engage in gaming.
(9) 
Any person who shall frequent any public place with the intent to obtain money from another by any illegal and fraudulent scheme, trick, artifice or device.
(10) 
Any person who assembles with another or others for the purpose of engaging in any fraudulent scheme, device or trick to obtain any valuable thing in any place or from any person in the City or who shall aid or abet therein.
(11) 
Any person who utters, while in a state of anger, in the presence of another, any lewd or obscene words or epithets.
(12) 
Any person who frequents any place where gaming or the illegal sale or possession of alcoholic beverages, narcotics or dangerous drugs is practiced, allowed or tolerated.
(13) 
Any person who shall act in a dangerous manner toward others.
(14) 
Any person who shall use fight-provoking words directed towards any person who becomes outraged and thus creates turmoil.
(15) 
Any person who shall assemble or congregate with another or others for the purpose of doing bodily harm to another.
(16) 
Any person who shall, by acts of violence, interfere with another's pursuit of a lawful occupation.
(17) 
Any person who shall congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by a peace officer or other person having authority.
(18) 
Any person who makes any unreasonably loud and unnecessary noise.
(19) 
Any person who damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition.
B. 
Any person convicted of disorderly conduct, as defined in this section, shall be punished as provided in § 1-13 of this Code.

§ 107-20 Disturbance of public meetings of City government.

It shall be unlawful for any person to behave in a riotous or disorderly manner in any public meeting of the City Council or any committee thereof or in any public meeting of any City board, commission or other body of City officers or to cause any unnecessary disturbance therein by force, shouting or any other action calculated to disrupt such meeting or to refuse to obey any directive or ruling of the presiding officer relative to the orderly process thereof, and any person convicted of a violation of this section shall be subject to punishment as for a misdemeanor.

§ 107-21 Disturbance of religious worship.

It shall be unlawful for any person to willfully interrupt or disturb any assembly met for the worship of God or, being intoxicated, to disturb such an assembly, whether willfully or not.

§ 107-22 Disturbance of schools and literary societies.

It shall be unlawful for any person to willfully interrupt, molest or disturb the exercise of any free school or any other school or of any literary society or, being intoxicated, to disturb the same, whether willfully or not.

§ 107-23 Disturbance of public assemblies.

It shall be unlawful for any person to willfully disturb any assembly of persons at a theater or other place of assembly, whether he is in or outside of such assembly.

§ 107-24 False alarms.

A. 
No person shall knowingly give or cause to be given any false alarm of fire.
B. 
No person shall knowingly give or cause to be given any false alarm of explosion or impending danger of explosion.
C. 
No person shall knowingly give or cause to be given any false alarm of the need for police protection, assistance or investigation or any false report to the Police Department.
D. 
No person shall knowingly give or cause to be given any false alarm of the need for an ambulance or medical assistance.

§ 107-25 Felts Park.

It shall be unlawful for any person to be in or upon the lawns, streets, roadways, buildings or other property located within the limits of Felts Park in the City at any time such park is closed to the public, except by authority of the City Manager or by invitation of a person authorized to conduct an entertainment therein.

§ 107-26 Fires on streets.

No person shall build a fire on any composition street in the City or on a street containing bitumen, tar, asphalt or other flammable substances.[1]
[1]:
Editor's Note: Former Secs. 11-33, Gambling — Keeping gaming table or gambling device, and 11-34, Same — Keeping place for gaming, which immediately followed this section, were deleted 11-13-1990.

§ 107-27 Gambling.

It shall be unlawful for any person to bet, wager or play at any game for money or any article of value.[1]
[1]:
Editor's Note: Former Sec. 11-36, dealing with lotteries and raffles, which immediately followed this section, was deleted 11-13-1990.

§ 107-28 Disruption or hampering of governmental functions.

A. 
The City Council takes cognizance of reported activities of organized groups of individuals in other cities in the United States, such as so-called "sit-ins" held in the offices and hallways of buildings in which governmental business is transacted, the disruption of vehicular and pedestrian traffic designed to prevent or delay governmental personnel from reaching their places of duty, the failing or refusing to obey the lawful orders of police officers and others in authority, etc., and as is generally known to all who read the newspapers, all for the avowed purpose of preventing public officers and employees from performing their duties and thereby preventing altogether or hindering and delaying the transaction of governmental business and nullifying important functions of government.
B. 
The City Council takes further cognizance of the fact that the City is a municipal corporation existing under the laws of the state, with a representative form of government in harmony with the Constitutions of the United States and the Commonwealth of Virginia and that the primary purpose of the City government is to serve the people of the City, and the City Council finds that the activities of groups of individuals which are intended and designed to prevent, delay, hinder or otherwise impair the lawful transaction of City business or functions of the City government constitute a clear and present danger to the good order and government of the City for its established purposes; for though but one such organized effort may not be wholly effective, nevertheless, if it is not promptly and firmly dealt with, other such efforts may be expected to follow, so that any one such organized effort does in fact constitute a clear and present danger to the ability of the City government to serve the people of the City and to the very survival of the City as a lawful municipal corporation.
C. 
Therefore, and in view of the foregoing findings, it shall be unlawful for any person, acting alone or in concert with one or more other persons, to commit any act or omission, otherwise lawful, with the intent to prevent, delay, confuse, disrupt, pervert or render ineffective the orderly and timely transaction of any City business or any governmental or proprietary function of the City.

§ 107-29 Halloween restrictions.

[Amended 11-13-1990]
A. 
It shall be unlawful for any person over the age of 12 years to appear on the streets, sidewalks, private homes or public places in the City to make trick or treat visitations. Children under age 13 shall be at their homes not later than 9:00 p.m. on Halloween unless accompanied by one of their parents or a responsible person age 21 or more who stands in loco parentis, provided that trick or treat visitations shall be lawful only on October 31 between the hours of 6:00 p.m. and 9:00 p.m.
B. 
It shall be unlawful for any person 16 years of age and under to appear on the streets, sidewalks or public places of the City after the hour of 10:00 p.m. on Halloween unless accompanied by one of his parents or a responsible person age 21 or more who stands in loco parentis.
C. 
It shall be unlawful for any person on Halloween night to write, draw or make marks on any public or private property not his own by any manner or means whatsoever.
D. 
Any person violating the provisions of this section shall, in the discretion of the court trying the case, be subject to a fine of not less than $1 nor more than $10 or, if such person is under 18 years of age, such other punishment as the juvenile and domestic relations court having jurisdiction in the City shall deem proper.[1]
[1]:
Editor's Note: Former Secs. 11-39, House of ill fame — Defined; 11-40, Same — Keeping or being inmate; 11-41, Same — Frequenting, visiting, etc.; 11-42, Same — Renting property for use as; and 11-43, Same — Permitting use of property as house of ill fame after notice, which immediately followed this subsection, were deleted 11-13-1990.

§ 107-30 Obscene books and pictures.

A. 
As used in this section, the following terms shall have the meanings indicated:
OBSCENE
That which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value.
B. 
It shall be unlawful for any person to print, engrave, make, exhibit, post or put up, sell or offer for sale or other purposes, possess or dispose of any obscene books, pamphlets, papers, pictures or statuary, provided that second or other subsequent offenses under this section shall be punishable as Class 6 felonies under § 18.2-381, Code of Virginia; provided, further, that this section shall not apply to those offenses involving children which constitute felonies under § 18.2-374.1, Code of Virginia.

§ 107-31 Indecent exposure and acts.

It shall be unlawful for any person to indecently expose himself or do any obscene act or write obscene language or make obscene marks or drawings on any wall, fence or other thing or address any obscene, lewd or profane language or words to another or make use of such language within the hearing of another, provided that second and subsequent offenses under this section shall constitute Class 6 felonies as provided by § 18.2-381. Code of Virginia.[1]
[1]:
Editor's Note: Former Secs. 11-46, dealing with interfering with women and girls; 11-47, Lewd and lascivious cohabitation; 11-48, dealing with lewd persons and streetwalkers; 11-49, dealing with loafing and loitering; and 11-50, Medicines, salves, etc., not to be sold on public ways, which immediately followed this section, were deleted 11-13-1990.

§ 107-32 Merry-go-rounds.

It shall be unlawful for any person to operate a merry-go-round or similar machine at any place within the City unless it is in such a situation as not to disturb or annoy any of the citizens and unless, in addition, he shall first procure the written consent of the resident, if any, living on contiguous property and take care that he does not obstruct or interfere with the use of the streets by passersby. He shall, while operating his machine, preserve the peace and keep good order on the premises on which his machine is operated. Any violation of this section shall be punishable by a fine of $100.

§ 107-33 Curfew; parental responsibility.

A. 
It shall be unlawful for any person under the age of 17 years to be in or upon the streets or public parks or places of the City after 10:00 p.m. unless accompanied by and in the care of his guardian, parent or some other adult 21 years or more of age with the consent of his parent or guardian or unless actually executing an emergency errand upon which he has been sent by his parent or guardian or unless such person is employed in business and his employment makes it necessary for him to be upon the streets of the City during the nighttime after the specified hour.
B. 
It shall be unlawful for any parent or guardian having the legal custody of any child under 17 years of age to allow or permit such child or ward to go or be in or upon any street, public park or public place in violation of the provisions of this section.[1]
[1]:
Editor's Note: Former Sec. 11-53, dealing with the sale of tobacco to children, which immediately followed this section, was deleted 11-13-1990.

§ 107-34 Regulation of poolrooms and places of amusement.

[Amended 11-12-2002]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PLACE OF AMUSEMENT
A business, establishment or arcade where more than five video games or similar amusement devices are available at a single location for use by the general public. Bowling alleys and miniature golf facilities are considered to be places of amusement.
POOLROOM
A business or establishment where more than four pool tables are available at a single location for use by the general public.
[Amended 5-23-2011]
B. 
Ground floor location required when located in a building; visibility of interior from sidewalk and entrance. No person shall operate a public poolroom or place of amusement within the City unless the same is located on the ground or street level of the building. The building shall have a street-level entrance, the front of which shall contain transparent glass windows or glass in the doors, so that a view of the entire poolroom or amusement area may be visible to a person standing on the sidewalk immediately in front of the building. No curtain or partial partition shall be arranged in the poolroom or amusement area so as to obscure a clear and unobstructed vision of the room or area to a person standing at the entrance to the premises.
C. 
Operation during certain hours prohibited. All poolrooms and places of amusement shall be closed each night, Sunday through Thursday, not later than 10:00 p.m. Poolrooms and places of amusement are to be closed not later than 12:00 midnight on Friday and Saturday. Each day of the week poolrooms and places of amusement shall remain closed until 7:00 a.m.
D. 
Minors prohibited; exceptions.
(1) 
It shall be unlawful for any person under age 18 to be employed in, play in, loaf or loiter in or frequent any poolroom or place of amusement unless accompanied by a parent or guardian.
(2) 
If any owner or operator of a poolroom or place of amusement shall allow any person under the age of 18 to violate the provisions of this section, then said owner or operator shall be deemed to be equally guilty.
E. 
Gambling prohibited. No gambling, betting or gambling devices of any kind whatsoever shall be permitted at any time at any of the places named in this section. If the owner or operator of any such room or place as set forth above shall permit the violation of any of the provisions of this section, he or she shall be deemed to be equally guilty with the person committing the violation.

§ 107-35 Contributing to delinquency of children.

Any person 18 years of age or older, including the parent of any child, who shall willfully contribute to, encourage, cause or tend to cause any act, omission or condition which renders a child delinquent, in need of services or abused or neglected, as defined in § 16.1-228, Code of Virginia, shall be guilty of a Class 1 misdemeanor, punishable as provided in § 18.2-11, Code of Virginia. This section shall not be construed as in any way affecting §§ 18.2-18, 18.2-19, 18.2-61, 18.2-63, 18.2-66,[1] 18.2-68[2] and 18.2-347, Code of Virginia.
[1]:
Editor's Note: Code of Virginia, § 18.2-66, was repealed by Acts 2008, cc. 174 and 206.
[2]:
Editor's Note: Code of Virginia, § 18.2-68, was repealed by Acts 1994, c. 59.

§ 107-36 Noise.

A. 
It shall be unlawful for any person to operate or permit to be operated on his premises any loudspeaker, jukebox, record player, radio, phonograph, television or any other mechanical or electrical sound device which annoys or disturbs the public off of such premises.
B. 
It shall be unlawful for any person knowingly or wantonly to use, operate or control or to cause to be used, operated, or controlled any mechanical or electrical device, apparatus, machine or instrument of any nature or kind whatsoever, whereby the human voice is intensified or amplified, or to use, operate or control or cause to be used, operated or controlled any mechanical or electrical device, apparatus, machine or instrument so as to produce, make, create or give rise to any sound or noise in any public or private place of such a character and kind as to disturb any citizen of the City in the reasonable use and enjoyment of his property or property rights or to cause any person of ordinary sensibilities any actual physical discomfort.
C. 
It shall be unlawful to operate piccolos, music machines or other noisemaking machines in restaurants, cab stands, poolrooms, bowling alleys or other commercial or business establishments between the hours of 12:00 midnight and 8:00 a.m.

§ 107-37 Obstructing free passage.

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 Class 1 misdemeanor and punished as provided in § 18.2-11, Code of Virginia. Nothing in this section shall be construed to prohibit lawful picketing.

§ 107-38 Obstructing justice.

If any person, by threats or force, attempts to intimidate or impede a judge, justice, juror, witness or an officer of a court or any sergeant, constable or other peace officer or any revenue officer in the discharge of his duty or to obstruct or impede the administration of justice in any court, he shall be guilty of a Class 1 misdemeanor and punished as provided in § 18.2-11, Code of Virginia.

§ 107-39 Placement of offensive matter on streets or lots.

It shall be unlawful for any person to place or cause to be placed in or on any street or lot within the City any thing or matter offensive to the public or to suffer any such matter to remain on any lot owned or held by him.

§ 107-40 Records to be kept by pawnbrokers and junk dealers.

All pawnbrokers, junk dealers and dealers in secondhand clothing, automobiles and other merchandise shall keep daily records of every article taken in pawn or bought by them. Such records shall contain a full description of such articles and show all distinguishing marks, numbers, brands, letters or monograms of any kind on such articles, together with the names and addresses of the parties from whom such articles were received.

§ 107-41 Peeping or spying into dwelling.

It shall be unlawful for any person to enter upon the property of another, in the nighttime, and secretly or furtively peep through or attempt to peep into or through or spy through a window, door or other aperture of a dwelling.

§ 107-42 Petit larceny.

Any person who shall steal from the person of another money or other thing of value of less than $5 or any person who shall commit simple larceny, not from the person of another, of goods and chattels of the value of less than $200 shall be guilty of petit larceny and shall be punished as provided in § 1-13 of this Code.

§ 107-43 Playing in streets.

A. 
No person shall raise or fly a kite or play any game of ball in the streets of the City.
B. 
No person shall slide or coast upon the ice or snow in any street. No person shall throw any snowballs in the streets.

§ 107-44 Poison in unsealed containers.

It shall be unlawful for any person to place and expose poison in an unsealed container on the premises of another or in any public way or place within the City under circumstances not constituting a felony.

§ 107-45 Posters and handbills.

A. 
No person shall post any bills, posters, signs or advertisements on any telegraph, telephone, electric light or other poles or on any tree along any of the streets of the City, provided that this section shall not be construed to include signs placed on such poles by the City. Each sign, poster and bill of advertisement posted in violation of this section shall constitute a separate offense. No person shall use the streets of the City for the purpose of distributing handbills, posters or other similar written or printed matter without first obtaining the written permission of the City Manager.
B. 
No person shall tear down an advertisement, poster, sign or the like put up by or with the consent of the owner of the property whereupon the same is posted or erected or alter or mutilate the same.

§ 107-46 Protection of personal property.

No person shall, knowingly and without proper authority, use, tamper with, render inoperative, destroy, damage, remove, deface, molest or otherwise interfere with any personal property of another.

§ 107-47 Protection of real property.

No person shall, knowingly and without proper authority, destroy, damage, deface, molest or otherwise interfere with or trespass upon any real property of another.

§ 107-48 Injury to trees; posting or marking on fences, walls or other property.

It shall be unlawful for any person to willfully injure any fruit, shade or ornamental tree or shrub planted by the City authorities or others or to willfully post up any show bill, notice or advertisement or to brand, write, mark or paint any sign, letters or characters upon the building, wall, fence or property of another person, without first obtaining the written consent of the owner or the agent of the owner of such property.

§ 107-49 Profane cursing; public drunkenness.

If any person shall profanely curse or swear or be drunk in public, he shall be deemed guilty of a Class 4 misdemeanor and punished by a fine of not more than $100. In any area in which there is located a court-approved detoxification center, the officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.

§ 107-50 Abandoned refrigerators.

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.

§ 107-51 Sales and delivery on sidewalks.

No person shall sell merchandise and make delivery thereof on the sidewalks of the City. If any person sells merchandise outside of a building, such sale must be made and the merchandise delivered without being done on the sidewalks of the City.

§ 107-52 Sirens.

It shall be unlawful for any person to sound at any place within the City a siren or device making a similar noise, unless for reasons of public necessity expressly permitted to do so by the Chief of Police.

§ 107-53 Slander and libel.

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 her acts not virtuous and chaste, he shall be deemed guilty of an offense and, on conviction, shall be fined not more than $500, and if any person 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 deemed guilty of an offense and, on conviction, shall be fined not more than $500.
B. 
The defendant shall be entitled to prove, upon trial in mitigation of the punishment, the provocation which induced the libelous or slanderous words or any other fact or circumstances tending to disprove malice or lessen the criminality of the offense.

§ 107-54 Slot machines.

A. 
Any machine, apparatus or device is a slot machine or device within the provisions of Subsection B if it is one that is adapted for use in such a way that, as a result of the insertion of any piece of money or coin or other object, such machine or device is caused to operate or may be operated and that, by reason of any element of chance or of other outcome of such operation unpredictable by him, the user may receive or become entitled to receive any piece of money, credit, allowance or thing of value or any check, slug, token or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance or thing of value or which may be given in trade or that the user may secure additional chances or rights to use such machine, apparatus or device, irrespective of whether it may, apart from any element of chance or unpredictable outcome of such operation, also sell, deliver or present some merchandise, indication of weight, entertainment or other thing of value.
B. 
It is unlawful for any person:
(1) 
To manufacture, own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport or expose for sale or lease or to offer to sell, rent, lease, let on shares, lend or give away or to permit the operation of or for any person to permit to be placed, maintained, used or kept in any room, space or building owned, leased or occupied by him or under his management or control any slot machine or device as defined in Subsection A above.
(2) 
To make or permit to be made with any person any agreement with reference to any slot machine or device, as hereinafter defined, pursuant to which the user thereof, as a result of any element of chance or other outcome unpredictable to him, may become entitled to receive any money, credit, allowance or thing of value or additional chance or right to use such machine or device or to receive any check, slug, token or memorandum entitling the holder to receive any money, credit, allowance or thing of value.
C. 
Any article or apparatus possessed, maintained, kept or used in violation of the provisions of Subsection B is hereby declared to be a public nuisance and may, together with all money and tokens therein, be seized under a search warrant issued in accordance with law. Any money so seized shall be forfeited to the City, and such article or apparatus shall be destroyed.
D. 
Any person violating any provision of Subsection B shall be punished in accordance with the appropriate provisions of Article 1 of Chapter 8 of Title 18.2, Code of Virginia.

§ 107-55 Soliciting trade or business on streets.

It shall be unlawful for any person to obstruct or unduly interfere in any way with the passage of persons along any of the streets or sidewalks of the City for the purpose of inducing them to purchase any article or thing or to enter any shop, store or stall or any hotel, boardinghouse or restaurant or like establishment or to importune passersby to make any such purchase or enter any such establishment or to, in any disorderly or undue manner, solicit trade, custom or patronage in or along the streets or sidewalks of the City.

§ 107-56 Expectoration.

No person shall expectorate on any sidewalk or street crossing or in any church or public building or on the steps or doorways thereof or the steps or doorways of any store or office building or on the floor or pavement of any railroad or bus station or other public place.

§ 107-57 Use of telephone to disturb others.

It shall be unlawful for any person, without just cause, to willfully use a telephone to annoy or disturb another person.[1]
[1]:
Editor's Note: Former Sec. 11-83, Throwing fruit peels, etc., on sidewalks, which immediately followed this section, was deleted 11-13-1990.

§ 107-58 Unlawful assemblies and riots.

A. 
As used in this chapter:
(1) 
Any unlawful use by three or more persons acting together of force or violence which seriously jeopardizes the public safety, peace or public order is a riot.
(2) 
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 seriously to jeopardize 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.
B. 
Every person convicted of participating in any riot shall be punished as follows:
(1) 
If such person carried at the time of such riot any firearm or other deadly or dangerous weapon, by imprisonment in the penitentiary for not less than one year nor more than 10 years or, in the discretion of the jury, or a judge trying the case without a jury, by confinement in jail not to exceed one year or by fine not to exceed $1,000, either or both.
(2) 
In all other cases, in the same manner as for a misdemeanor and shall be punished accordingly.
C. 
Every person who participates in an unlawful assembly shall be guilty of a misdemeanor and shall be punished accordingly, provided that if any such person carries at the time of his participation in an unlawful assembly any firearm or other deadly or dangerous weapon, he shall be guilty of a Class 5 felony, punishable as provided in § 18.2-10, Code of Virginia.
D. 
Every person, except public officers and persons assisting them, remaining present at the place of any riot or unlawful assembly after having been lawfully warned to disperse shall be guilty of a misdemeanor and punished accordingly.
E. 
Dispersal.
(1) 
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 immediately to disperse. If upon such command the persons unlawfully assembled do not disperse immediately, such officer may use force as is reasonably necessary to disperse them and to arrest those who fail or refuse to disperse. To accomplish this end, the law enforcement officer may request and use the assistance and services of private citizens. Every endeavor shall be used by such officers which can be made consistently with the preservation of life to induce or force those unlawfully assembled to disperse before an attack is made upon those unlawfully assembled by which their lives may be endangered.
(2) 
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.
F. 
If any person or persons unlawfully or riotously assembled pull down, injure or destroy or begin to pull down, injure or destroy any dwelling house or other building or assist therein or perpetrate any premeditated injury on the person of another, they shall be guilty of a Class 6 felony and punished as provided in § 18.2-9, Code of Virginia.

§ 107-59 Discharge of firearms.

It shall be unlawful for any person to willfully discharge or cause to be discharged any firearm in any street or in any place of public business or place of public gathering or elsewhere in the City other than a licensed shooting gallery or authorized range, provided that this section shall not apply to any law enforcement officer in the performance of his official duties nor to any other person whose said willfull act is otherwise justifiable or excusable at law in the protection of life or property or is otherwise specifically authorized by law.

§ 107-60 Concealed weapons.

A. 
If any person shall carry about his person, hidden from common observation, any pistol, revolver or other weapon designed or intended to propel a missile of any kind, dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks, blackjack, any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a "nun chahka," "nunchuck," "nunchaku," "shuriken" or "fighting chain," throwing stars, butterfly knives or any weapon of like kind, he shall be guilty of a Class 1 misdemeanor, punishable as provided in § 18.2-11, Code of Virginia, and such weapon shall be forfeited to the City and may be seized by an officer as forfeited, and such as may be needed for police officers and conservators of the peace shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge.
[Amended 11-13-1990]
B. 
This section shall not apply to:
(1) 
Any person while in his own place of abode or the curtilage thereof.
(2) 
Any police officers, sergeants, sheriffs, deputy sheriffs or regular game wardens appointed pursuant to Chapter 3 of Title 29, Code of Virginia.[1]
[1]:
Editor's Note: Title 29, Games, Inland Fisheries and Dogs, of the Code of Virginia was repealed by Acts 1987, c. 488.
(3) 
Any regularly enrolled member of a target shooting organization who is at or going to or from an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported.
(4) 
Any regularly enrolled member of a weapons collecting organization who is at or going to or from a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported.
(5) 
Any person carrying such weapons between his place of abode and a place of purchase or repair, provided that the weapons are unloaded and securely wrapped while being transported.
C. 
This section shall also not apply to any of the following individuals while in the discharge of their official duties or while in transit to or from such duties:
(1) 
Carriers of the United States Mail in rural districts.
(2) 
Officers or guards of any state correctional institution.
(3) 
Campus police officers appointed pursuant to Chapter 17 of Title 23, Code of Virginia.
(4) 
Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed weapon without obtaining a permit as provided in Subsection D hereof:
(a) 
Notaries public.
(b) 
Registrars.
(c) 
Drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire.
(d) 
Commissioners in chancery.
(5) 
Noncustodial employees of the State Department of Corrections designated to carry weapons by the Secretary of Public Safety or the Director of the Department of Corrections pursuant to § 53-39, Code of Virginia.[2]
[2]:
Editor's Note: See now § 53.1-29, Code of Virginia.
D. 
Permits.
(1) 
Any person may apply, in writing, to the Circuit Court of the County or City in which he resides for a one-year permit to carry a specific type of concealed weapon. The Court may, after consulting the law enforcement authorities of the County or City and receiving a report from the central criminal records exchange, issue such permit if it finds that the applicant is of good character, has demonstrated a need to carry such concealed weapon and is not prohibited by law from receiving, possessing or transporting such weapon.
(2) 
The Court shall find that the applicant has demonstrated a need to carry a concealed weapon in the following circumstances:
(a) 
The applicant regularly transports substantial sums of money or other property of substantial value from a place of business to his home or a bank or other secure depository; or
(b) 
The Court is convinced that, because of bona fide threats to the body or life of the applicant or to the body or life of a member of the applicant's immediate family or because of other body- or life-threatening circumstances peculiar to the applicant, there is probable cause to believe that such permit is reasonably necessary to promote the self-protection of the applicant.
(3) 
In all other cases the Court shall have discretion to determine whether need has been established. No fee shall be charged for the issuance of such permit to a person who has retired from service as a law enforcement officer with the Department of State Police or with a sheriff or police department, bureau or force of any political subdivision of the commonwealth, after completing 25 years' service or after reaching age 55. The order issuing such permit shall be entered in the law order book of such Court.

§ 107-61 Sale or possession of certain weapons.

If any person shall sell or barter or exhibit for sale or for barter or give or furnish or cause to be sold, bartered, given or furnished or has in his possession or under his control with the intent of selling, bartering, giving or furnishing any blackjack, brass or metal knucks or like weapons, such person shall be fined not less than $25 nor more than $100. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.

§ 107-62 Furnishing of firearms to minors.

A. 
As used in this section, the following terms shall have the meanings indicated:
FIREARMS
Includes any gun, rifle or pistol adapted to the use in any form of powder and shot (or balls) or cartridges, whether such "firearms" are called "toy pistols," "toy guns" or otherwise.

§ 107-63 Dangerous missiles.

No person shall, in any street, throw stones, sticks or other dangerous missiles or discharge arrows, nails or bullets from a bow or crossbow or, anywhere within the City limits, discharge shot, gravel, bullets or other similar substances from a gravel shooter, air gun or similar implement, under a penalty of not less than $1 nor more than $10 for every such offense.