[HISTORY: Adopted by the City Council of
the City of Galax as Ch. 11 of the 1974 Code. Amendments noted where
applicable.]
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.
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.
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.
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.
A.
CREDIT
As used in this section, the following terms shall
have the meanings indicated:
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.
[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.
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]
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.
[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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
A.
OBSCENE
As used in this section, the following terms shall
have the meanings indicated:
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.
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.
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.
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.
[Amended 11-12-2002]
A.
PLACE OF AMUSEMENT
POOLROOM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
No person shall, knowingly and without proper
authority, destroy, damage, deface, molest or otherwise interfere
with or trespass upon any real property of another.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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.
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.
