Town of Appomattox, VA
Appomattox County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Council of the Town of Appomattox 6-25-2002 (Ch. 46, Art. II, of the 1994 Code). Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
LOITERING
Includes, but is not necessarily limited to, one or more of the following acts:
A. 
Obstruction of the free unhampered passage of pedestrians and/or vehicles on the public rights-of-way.
B. 
Obstruction of the free access to public places.
C. 
Activities that threaten the public safety or a breach of the peace.
D. 
Remaining idle in essentially one location without being able to establish or having a legitimate business or purpose in remaining at such place or, by conduct, exhibiting the absence of a lawful purpose in so remaining at such place of to remain in a place as set forth in this chapter for no obvious reason.
The purpose of this chapter is to ensure the free passage of pedestrians and vehicles on the public rights-of-way, to ensure a free access to public places and to prevent activities that threaten the public safety or threaten a breach of the peace within the Town.
This chapter governs all person and places within the Town, to include but not limited to any public or quasi-public place, building or grounds, sidewalk, highway, street, curb, crosswalk, walkway area, park, shopping center or other business or school or library parking area(s), any and all other public rights-of-way, or on privately owned property that is open to the public and prohibits as follows:
A. 
No person shall loiter, stand, sit or lie in or upon any public or quasi-public sidewalk, highway, street, curb, crosswalk, walkway area, park, shopping center or other business or school or library parking area(s), or any portion or privately owned property that is open to the public or utilized for public use, so as to unreasonably hinder or obstruct the free flow or passage of pedestrians or vehicles thereon during business hours, or for any reason whatsoever after business hours.
B. 
No person shall block or obstruct, or prevent the free access to the entrance to any building open to the public.
C. 
No person shall obstruct, molest or interfere or attempt to obstruct, molest or interfere with any person lawfully on or in a public right-of-way, public or quasi-public sidewalk, highway, street, curb, crosswalk, walkway area, park, shopping center or other business or school or library parking area(s), or any portion of privately owned property that is open to the public or utilized for public use, in a manner that would cause a reasonable person or pedestrian on a public right-of-way, street or highway to fear for his or her safety.
D. 
No person shall engage in any conduct on or in a public right-of-way having a direct tendency to cause acts of violence by the person or persons whom, individually, such conduct is directed.
E. 
No person shall engage in any conduct on or in a public right-of-way, public or quasi-public sidewalk, highway, street, curb, crosswalk, walkway area, park, shopping center or other business or school or library parking area(s), or any portion of privately owned property that is open to the public or utilized for public use, having a direct tendency to cause a disturbance to the reasonable comfort and repose of any other person lawfully on or in a public right-of-way, street or highway.
F. 
No person shall engage in any conduct on or in a public right-of-way having direct tendency to cause a disturbance to the comfort and repose of reasonable persons living next to such public right-of-way.
G. 
No person on or in any public right-of-way shall engage in yelling, shouting, cursing, hooting, whistling or singing, in such a manner or with such volume as disturb or annoy the quiet, comfort or repose of reasonable persons.
H. 
No person on or in any public right-of-way shall make or engage in any sexually explicit gesture, act or behavior.
I. 
In order to promote the safe and orderly flow of traffic on the public streets and highways, no person shall stop a motor vehicle in such a manner as to impede or render dangerous the use of the streets or highways by others or no others shall loiter on or in the public streets or highway for the purpose of engaging the operator of any motor vehicle or any passenger in a motor vehicle in conversation or any other activity while such motor vehicle is stopped on the main traveled portion a street or highway.
A. 
Private property. Enforcement of this chapter will be at the request and discretion of businesses for private property as follows:
(1) 
Businesses wishing to have this chapter enforced when closed shall post their parking lots with signs at each entrance/exit stating "No trespassing permitted between the hours of _____ and _____ and no loitering at any time," with the blanks to be replaced with the hours the business wishes to have this chapter enforced. Each such sign shall be a minimum of 400 square inches and affixed so as to be readily seen by passersby.[1]
[1]
Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
Businesses wishing this chapter enforced when such business are open may call the county sheriff for enforcement when a problem is perceived on their property. Business owners may be required to obtain proper warrants and make court appearances.
B. 
Public property. On any public or quasi-public sidewalk, highway, street, curb, crosswalk, walkway area, park, school or library parking area(s), this chapter will be enforced at all times; except that this chapter shall not apply to anyone who is participating in any legal, governmentally sanctioned function at any of the above-said places.
Any person who violates this chapter, upon conviction thereof, shall be deemed guilty of a class 1 misdemeanor.