[Adopted 6-9-1992 by Ord. No. 92-19[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. II, General Provisions, adopted 6-11-1991 by Ord. No.
91-17 (Sec. 15-1 of the 1975 Code). Said ordinance provided that such
repeal shall not apply to offenses committed prior to its effective
date and that prosecutions for such offenses shall be governed by
the prior law.
[Amended 6-8-1993 by Ord. No. 93-20; 6-14-1994 by Ord. No. 94-14; 7-11-1995 by Ord. No. 95-14; 6-11-1996 by Ord. No. 96-16; 6-10-1997 by Ord. No. 97-12; 6-9-1998 by Ord. No. 98-16; 6-8-1999 by Ord. No. 99-13; 6-13-2000 by Ord. No. 00-11; 6-12-2001 by Ord. No. 01-14; 6-11-2002 by Ord. No. 02-18; 6-10-2003 by Ord. No. 03-16; 6-8-2004 by Ord. No. 04-10; 6-14-2005 by Ord. No. 05-12; 6-20-2006 by Ord. No.
06-19; 6-12-2007 by Ord. No. 07-16; 6-10-2008 by Ord. No. 08-16; 6-9-2009 by Ord. No. 09-14; 7-13-2010 by Ord. No. 10-20[1]]
A.
Except as specifically changed or modified by this Code and other
ordinances of the City, the criminal laws and statutes of the Commonwealth
contained in Title 18.2 of the Code of Virginia (1950), as amended,
including, with the same effective date, those provisions enacted
prior to the adoption of this section but of subsequent effective
date, are hereby incorporated in and made a part of this chapter to
the same extent as if such state criminal laws and statutes were herein
written in full. There shall, however, be excepted from the provisions
of this section all of said state laws and statutes which have reference
to felonies or which, by their own wording or judicial determination,
cannot be adopted by the City; and the provisions contained in Article
2 of Chapter 7 of Title 18.2. It shall be unlawful for any person
within the City to violate or fail to comply with the provisions of
law hereby adopted.
B.
The penalty imposed for the violation of laws and statutes hereby incorporated in and made a part of this chapter shall be as provided in § 1-3 of this Code, except insofar as state law shall impose or mandate the imposition by localities of some other penalty, in which event said penalties are hereby imposed.
C.
Each provision of Title 18.2 of the Code of Virginia (1950) incorporated
hereby without modification shall be cited for all purposes as "City
Code § 218-2." followed by the number by which it is designated
in said title (i.e., the numbers, with punctuation, following the
title number and hyphen).
D.
Pursuant to § 1-220 of the Code of Virginia (1950), as
amended, this ordinance shall include all future amendments to the
state statutes herein incorporated by reference.
[1]
Editor's Note: This ordinance also repealed Ord. No. 09-14
but provided that such repeal shall not apply to offenses committed
prior to the effective date of Ord. No. 10-20 and that prosecutions
for such offenses shall be governed by the prior law.
[Added 9-10-2002 by Ord. No. 02-27]
A.
As used in this section, the term "state of nudity"
means a state of undress so as to expose the human male or female
genitals, pubic area or buttocks, or to cover any of them with less
than a fully opaque covering, or the showing of the female breast
or any portion thereof below the top of the nipple, or the covering
of the breast or any portion thereof below the top of the nipple with
less than a fully opaque covering.
B.
Every person who knowingly, voluntarily and intentionally
appears in public or in a public place or in a place open to the public
or open to public view in a state of nudity, or employs, encourages
or procures another person so to appear, shall be guilty of a misdemeanor
punishable by a fine of not more than $500.
C.
Nothing contained in this section shall be construed
to apply to the exhibition, presentation, showing or performance of
any play, ballet, drama, tableau, production or motion picture in
any theater, concert hall, museum of fine arts, school, institution
of higher learning or similar establishment which is primarily devoted
to such exhibitions, presentations, shows or performances as a form
of expression of opinion, communication, speech, ideas, information,
art or drama as differentiated from commercial or business advertising,
promotion or exploitation of nudity for the purpose of advertising,
promoting, selling or serving products or services or otherwise advancing
the economic welfare of a commercial or business enterprise, such
as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall.
D.
No person shall be in violation of this section for
breastfeeding a child in any public place or any place where others
are present.
[Added 9-13-2005 by Ord. No. 05-16]
A.
Any person that is convicted of a violation of Subsection B or C of § 18.2-46.6, of the Virginia Code, 1950, as amended, when the violation of such section is the proximate cause of any incident resulting in an appropriate emergency response, shall be liable at the time of sentencing or in a separate civil action to the City or to any volunteer rescue squad, or both, which may provide such emergency response for the reasonable expense thereof, in an amount not to exceed $1,000 in the aggregate for a particular incident occurring in the City. In determining the "reasonable expense," the City may bill a flat fee of $250 or a minute-by-minute accounting of the actual costs incurred.
B.
As used in this section, "appropriate emergency response"
includes all costs of providing law-enforcement, fire-fighting, rescue,
and emergency medical services.
C.
The provisions of this section shall not preempt or
limit any remedy available to the Commonwealth, the City or to any
volunteer rescue squad to recover the reasonable expenses of an emergency
response to an incident not involving a terroristic hoax as set forth
herein.