Town of Abingdon, VA Offenses and Miscellaneous Provisions

It shall be unlawful for any person to appear on the streets, highways, public homes, private homes or public places in the Town to make trick or treat visitations; except, that this section shall not apply to children 12 years of age and under on Halloween night.

A special curfew hour of 10:00 p.m. on Halloween evening is hereby established for the trick or treat visitations permitted by Subsection (a) of this section.

§ 50-4 Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.

Any person violating this section shall be guilty of a Class 4 misdemeanor.

[Code 1985, § 13-4.1]

If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement 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.

§ 50-5 Property destruction or damage.

[Code 1985, § 13-5]

The unauthorized, intentional destruction or damaging of any property, real or personal, of another, whether the property of the Town or of any other person, and including streets, shall be unlawful.

§ 50-6 Discharge of firearms.

[Code 1985, § 13-9; Ord. of 2-6-2012]

Definitions.

PNEUMATIC GUN(S)

As used in this Code of Ordinances, means any implement, designed as a gun, that will expel a BB or pellet by action of pneumatic pressure. The term pneumatic gun includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.

It shall be unlawful for any person in the Town to fire or discharge any gun, pistol or other firearms of any kind. This subsection shall not apply to any law-enforcement officer in the performance of his official duties nor to any other person whose such willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law. Neither shall this section be construed to prohibit the use of any pneumatic guns on or within private property by minors above the age of 16 with written permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the boundaries of the property. Use of pneumatic guns by minors below the age of 16 requires the supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian as well as written permission of the owner or possessor of the property. Further, any minor using a pneumatic gun, whether permitted by a parent or guardian or not, shall be responsible for obeying all laws, regulations and restrictions governing such use, pursuant to the Code of Virginia 1950, as amended, § 15.2-915.4.

Upon extreme circumstances and only after all alternative methods of protection have been exhausted, the Town Council may grant permits for the use of firearms. Any such permit shall contain conditions as determined by the Town Council to be strictly necessary for the safety of said permittee as well as the maintenance of public safety. The use of any such firearms pursuant to such a permit shall be in strict compliance with the conditions imposed by the issuance of said permit and pursuant to the Code of Virginia 1950, as amended, § 15.2-915.4. Exceptions to the permitting requirement shall be extended to Town-owned properties for and during the observation of educational historic reenactments, ceremonial or patriotic activities and similar designated events.

(d)

The penalty for violation of a pneumatic gun offense shall not exceed that of a Class 3 misdemeanor.

§ 50-7 Use of pneumatic guns, slingshots, grit shooters; throwing missiles.

[Code 1985, § 13-10; Ord. of 2-6-2012]

No person shall use any instrument for projecting missiles liable to do any injury to persons or property, such as a slingshot, grit shooter, or any other type of instrument for projecting missiles, in the Town. This section shall not, however, be construed to prohibit the use of any pneumatic guns on or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the boundaries of the property, pursuant to the Code of Virginia 1950, as amended, § 15.2-915.4 and consistent with Section 50-6(a) and (d), above.

It shall also be unlawful for any person to throw any rock, stone or similar dangerous missile in the Town.

§ 50-8 Disposal of unclaimed property in possession of Police Department.

[Ord. No. 2-2002, 5-6-2002]

Any unclaimed personal property which has been in the possession of the Town's police department and unclaimed for a period of more than 60 days may be (i) sold at a public sale in accordance with the provisions of this section or (ii) retained for use by the police department. As used herein, "unclaimed personal property" shall be any personal property belonging to another which has been acquired by a law enforcement officer pursuant to his duties, which is not needed in any law-enforcement prosecution, which has not been claimed by its rightful owner and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Code of Virginia, § 55-210.1 et seq.). Unclaimed bicycles and mopeds may also be disposed of in accordance with Section 70-222. Unclaimed firearms may also be disposed of in accordance with Section 50-9.

Prior to the sale or retention for use by the police department of any unclaimed item, the Chief of Police or his or her duly authorized agents shall make reasonable attempts to notify the rightful owner of the property, obtain from the attorney for the commonwealth in writing a statement advising that the item is not needed in any criminal prosecution, and cause to be published in a newspaper of general circulation in the locality once a week for two successive weeks, notice that there will be a public display and sale of unclaimed personal property. Such property, including property selected for retention by the police department, shall be described generally in the notice, together with the date, time and place of the sale and shall be made available for public viewing at the sale. The Chief of Police or his or her duly authorized agents shall pay from the proceeds of the sale the costs of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. The balance of the funds shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership. Any unclaimed item retained for use by the police department shall become the property of the Town and shall be retained only if, in the opinion of the Chief of Police, there is a legitimate use for the property by the agency and that retention of the item is a more economical alternative than purchase of a similar or equivalent item.

If no claim has been made by the owner for the property or proceeds of such sale within 60 days of the sale, the remaining funds shall be deposited in the general fund of the Town and the retained property may be placed into use by the police department. Any such owner shall be entitled to apply to the Town within three years from the date of such sale and, if timely application is made therefor and satisfactory proof of ownership of the funds or property is made, the Town shall pay the remaining proceeds of the sale or return the property to the owner without interest or other charges or compensation.

§ 50-9 Disposal of unclaimed firearms or other weapons in possession of Police Department.

[Ord. No. 4-2002, 5-6-2002]

The Town may destroy unclaimed firearms and other weapons which have been in the possession of the police department for a period of more than 60 days. For the purposes of this section, "unclaimed firearms and other weapons" means any firearm or other weapon belonging to another which has been acquired by a law-enforcement officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Code of Virginia, § 55-210.1 et seq.).

At the discretion of the Chief of Police or his or her duly authorized agents, unclaimed firearms and other weapons may be destroyed by any means which renders the firearms and other weapons permanently inoperable. Prior to the destruction of such firearms and other weapons, the Chief of Police or his or her duly authorized agents shall comply with the notice provision contained in Section 50-8.

§ 50-10 Loitering.

[Added 10-3-2022 by Ord. No. 2022.10.03]

Purpose. The purpose of this section is to ensure the free passage of pedestrians and vehicles on the public rights-of-way, to ensure free access to public places and to prevent activities that threaten the public safety or threaten a breach of the peace.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

LOITER

To stand around or remain at, to sit or lie upon, or to park or remain parked in a motor vehicle at any public place or any place open to the public and to engage in any conduct prohibited under this section. The term "loiter" also means to collect, gather, congregate, or be a member of a group or a crowd of people who are gathered together in any public place or any place open to the public and to engage in any conduct prohibited under this section.

PLACE OPEN TO THE PUBLIC

Any place open to the public or any place to which the public is invited or may reasonably expect to be invited, and in, on, or around any privately owned place of business, private parking lot, or private institution, including shopping centers, malls, places of worship, cemeteries, or any place of amusement and entertainment, whether or not a charge of admission for entry thereto is made. The term "place open to the public" includes the elevator, lobby, halls, corridors and areas open to the public of any store, office, or apartment building.

PUBLIC PLACE

Any public street, road, highway, bridge, curb, alley, alleyway, sidewalk, crosswalk, walkway area, or other public way, or any public resort, place of amusement, park, playground, land, mall, plaza, public building or grounds appurtenant thereto, school buildings or school grounds, or public transportation facility or public parking lot or any other publicly owned property.