Chapter 30
MISCELLANEOUS OFFENSES
Article I. In General
Sec. 30-1. Abusive language.
Sec. 30-2. Advertisements, posting, etc., without consent.
Sec. 30-3. Posting on utility poles, etc.
Sec. 30-4. Assault and battery.
Sec. 30-5. Attempts to commit misdemeanors; failure to act when required.
Sec. 30-6. Injuries to churches, church properties, cemeteries, burial grounds, etc.
Sec. 30-7. Nighttime offenses.
Sec. 30-8. Cigarettes, etc., not to be provided to minors under age 18.
Sec. 30-9. City officers and employees; interfering with, etc.
Sec. 30-10. Assistance from bystanders.
Sec. 30-11. Refusal to leave scene of arrest when ordered by police officer.
Sec. 30-12. Impersonation of officer.
Sec. 30-13. Courtesy, etc., due to and from, prohibited acts.
Sec. 30-14. City property; tampering with, etc., personal property.
Sec. 30-15. Damage, etc., to and trespass upon real property.
Sec. 30-16. Coin-operated devices; unlawful operation.
Sec. 30-17. Shoplifting.
Sec. 30-18. Curfew for minors under age 18.
Sec. 30-19. Disorderly conduct generally; what constitutes offense.
Sec. 30-20. Disruption of meetings and public gatherings, public places.
Sec. 30-21. Disorderly houses prohibited.
Sec. 30-22. Ditches, drains, etc., obstruction of.
Sec. 30-23. False alarms and reports.
Sec. 30-24. Direct-contact telephone dial alarm systems.
Sec. 30-25. Fertilizer storage restricted.
Sec. 30-26. Fortunetelling, etc.
Sec. 30-27. Fraud– Defrauding hotels, motels, boardinghouses, etc.
Sec. 30-28. Same– Defrauding garage keeper.
Sec. 30-29. Halloween trick or treat regulations.
Sec. 30-30. Iceboxes, etc., abandonment of.
Sec. 30-31. Nuisances not to be maintained.
Sec. 30-32. Peeping or spying into dwelling or enclosure.
Sec. 30-33. Petit larceny.
Sec. 30-34. Prisoners; escape generally.
Sec. 30-35. Aiding escape.
Sec. 30-36. Unauthorized delivery of articles to prisoners.
Sec. 30-37. Trespass.
Sec. 30-38. Instigating, etc., trespass by others; preventing service to persons not forbidden to trespass.
Sec. 30-39. Trespassing; at night upon church, school or city property.
Sec. 30-40. Destruction of trees, shrubs, etc., on land of another or park; deposition of trash, etc., thereon.
Sec. 30-41. Entering property of another for purpose of damaging it, etc.
Sec. 30-42. Profane cursing and swearing; intoxication.
Sec. 30-43. Profane, etc., language over telephone.
Sec. 30-44. Public buildings and grounds other than those belonging to city.
Sec. 30-45. Railroad cars obstructing street or road; standing vehicle on railroad track.
Sec. 30-46. Adultery.
Sec. 30-47. Fornication.
Sec. 30-48. Adultery and fornication by persons forbidden to marry.
Sec. 30-49. Lewd and lascivious cohabitation.
Sec. 30-50. Prostitution.
Sec. 30-51. Keeping, residing in or frequenting bawdy place; "bawdy place" defined.
Sec. 30-52. Aiding prostitution or illicit sexual intercourse.
Sec. 30-53. Using vehicles to promote prostitution or unlawful sexual intercourse.
Sec. 30-54. Confinement of convicted prostitutes and persons.
Sec. 30-55. Slander and libel.
Sec. 30-56. Snakes; handling, using, etc., so as to endanger human life or health.
Sec. 30-57. Spitting on sidewalks, etc.
Sec. 30-58. Water, filth, etc., from premises not to be discharged into street, etc., or onto premises of another.
Sec. 30-59. Public urination and defecation.
Secs. 30-60– 30-76. Reserved.
Article II. Weapons
Sec. 30-77. Discharge of firearms.
Sec. 30-78. Personal protection; carrying concealed weapons; when lawful to carry.
Sec. 30-79. Sale, etc., of blackjacks, etc.
Sec. 30-80. Furnishing pistols, dirks, etc., to minors under 18 years of age.
Sec. 30-81. Sale, etc., of toy firearms.
Sec. 30-82. Discharging, etc., slingshots, airguns, etc.
Sec. 30-83. Wells and pits, filling prior to abandonment.
Sec. 30-84. Covers required on certain wells.
Secs. 30-85– 30-111. Reserved.
Article III. Riots and Unlawful Assemblies
Sec. 30-112. What constitutes a riot or unlawful assembly.
Sec. 30-113. Participating in unlawful assembly while unarmed.
Sec. 30-114. Remaining at place of riot or unlawful assembly after warning to disperse.
Sec. 30-115. Resisting or obstructing execution of legal process.
Sec. 30-116. Dispersal of unlawful or riotous assembly.
Sec. 30-117. Duty of officers dispersing rioters; killing or injuring rioters.
Secs. 30-118– 30-147. Reserved.
Article IV. Gambling
Sec. 30-148. Definitions.
Sec. 30-149. Illegal gambling generally.
Sec. 30-150. Winning by fraud.
Sec. 30-151. Permitting gambling to continue in one's premises.
Sec. 30-152. Aiding or abetting operation of illegal gambling activity.
Sec. 30-153. Illegal possession of gambling device.
Sec. 30-154. Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise.
Sec. 30-155. Certain acts not deemed "consideration" in prosecution under chapter.
Sec. 30-156. Exceptions from chapter; contests of speed or skill.
Sec. 30-157. Games of chance in private residences.
Sec. 30-158. Bingo games and raffles permitted by state law.
Sec. 30-159. State lottery exempt.
Sec. 30-160. Parimutual wagering exempt.
Sec. 30-161. Immunity of witness testifying in prosecution under chapter; compulsory testimony.
Secs. 30-162– 30-190. Reserved.
Article V. Obscenity
Sec. 30-191. Definitions.
Sec. 30-192. Obscene items enumerated.
Sec. 30-193. Production, publication, sale, possession, etc., of obscene items.
Sec. 30-194. Obscene exhibitions and performances generally.
Sec. 30-195. Advertising obscene items, exhibitions or performances generally.
Sec. 30-196. Obscene placards, posters, bills, etc.
Sec. 30-197. Coercing acceptance of obscene articles or publications.
Sec. 30-198. Obscene photographs, slides and motion pictures.
Sec. 30-199. Operating modeling studio for obscene poses, pictures, etc.
Sec. 30-200. Indecent exposure.
Sec. 30-201. Public display of obscene materials.
Sec. 30-202. Employing or permitting minor to assist in violation of article.
Sec. 30-203. Proceeding against obscene book.
Sec. 30-204. Exceptions to article.
Secs. 30-205– 30-231. Reserved.
Article VI. Offenses Relating to Juveniles
Sec. 30-232. Definitions.
Sec. 30-233. Unlawful sales or loans to juveniles generally.
Sec. 30-234. Admitting juveniles to premises exhibiting obscene films or other presentations.
Sec. 30-235. Misrepresentation to persons mentioned in sections 30-233 and 30-234 as to juvenile's age, etc.
Sec. 30-236. Display of obscene materials at business establishments open to juveniles.
Sec. 30-237. Exhibition of motion picture harmful to juveniles where visible from street or other place off exhibitor's premises.
Sec. 30-238. Exceptions to article.
ARTICLE I. Sec. 30-1. Abusive language.
If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor.
(Code 1984, § 14-1)
State law references: Similar provisions, Code of Virginia, § 18.2-416.
Sec. 30-2. Advertisements, posting, etc., without consent.
It shall be unlawful for any person to post any showbill, 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 consent of the owner of such property or his agent.
(Code 1984, § 14-2)
Sec. 30-3. Posting on utility poles, etc.
It shall be unlawful for any person to tack or fasten advertising matter of any description on the utility poles, traffic-control signs or trash receptacles in the city or belonging to the city, and located outside the city.
(Code 1984, § 14-3)
Sec. 30-4. Assault and battery.
It shall be unlawful for any person to commit a simple assault or an assault and battery on any other person within the city, under circumstances not constituting a felony and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
(Code 1984, § 14-4)
State law references: Simple assault and battery, Code of Virginia, § 18.2-57.
Sec. 30-5. Attempts to commit misdemeanors; failure to act when required.
(a) Every person who attempts to commit an offense which is a misdemeanor shall be punishable by the same punishment prescribed for the offense the commission of which was the object of the attempt.
(b) It shall be unlawful for any person to attempt to avoid the doing of any act which is required by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof.
State law references: Attempts to commit misdemeanors, Code of Virginia, § 18.2-27.
Sec. 30-6. Injuries to churches, church properties, cemeteries, burial grounds, etc.
(a) Any person who willfully or maliciously commits any of the following acts is guilty of a Class 1 misdemeanor:
(1) Destroys, removes, cuts, breaks, or injures any tree, shrub, or plant on any church property or within any cemetery or lot of any memorial or monumental association;
(2) Destroys, mutilates, injures, or removes and carries away any flowers, wreaths, vases, or other ornaments placed within any church or on church property, or placed upon or around any grave, tomb, monument, or lot in any cemetery, graveyard, or other place of burial; or
(3) Obstructs proper ingress to and egress from any church or any cemetery or lot belonging to any memorial or monumental association.
(b) This section shall not apply to any work which is done by the authorities of a church or congregation in the maintenance or improvement of any church property or any burial ground or cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker or vault. For purposes of this section, the term "church" shall mean any place of worship, and "church property" shall mean any educational building or community center owned or rented by a church.
(Code 1984, § 14-7)
State law references: Injuries to cemeteries, etc., Code of Virginia, § 18.2-127.
Sec. 30-7. Nighttime offenses.
If any person, without the consent of the owner, proprietor or custodian, goes or enters in the nighttime, upon the premises, property, driveways or walks of any cemetery, either public or private, for any purpose other than to visit the burial lot or grave of some member of his family, he shall be guilty of a Class 4 misdemeanor.
(Code 1984, § 14-8)
State law references: Similar provisions, Code of Virginia, § 18.2-125.
Sec. 30-8. Cigarettes, etc., not to be provided to minors under age 18.
If any person shall sell, barter, give or furnish, or cause to be sold, bartered, given or furnished to any minor under 18 years of age, cigarettes or tobacco in any form, having good cause to believe him to be a minor under 18 years of age such person shall be guilty of a Class 4 misdemeanor.
(Code 1984, § 14-9)
State law references: Sale of cigarettes to person under legal minimum purchase age, Code of Virginia, § 18.2-246 et seq.
Sec. 30-9. City officers and employees; interfering with, etc.
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 official duty, whether such interference, resistance, hindrance or obstruction be by threat, assault or otherwise.
(Code 1984, § 14-10)
State law references: Obstructing justice, Code of Virginia, § 18.2-460.
Sec. 30-10. Assistance from bystanders.
Any police officer may call upon and summon any bystander to assist in making an arrest or in preserving the peace. It is unlawful for person to refuse when so called upon or summoned to render the assistance required. Such offense is punishable as a Class 2 misdemeanor.
(Code 1984, § 14-11)
State law references: Refusal to aid officer, Code of Virginia, § 18.2-463.
Sec. 30-11. Refusal to leave scene of arrest when ordered by police officer.
It shall be unlawful for any person to fail, neglect or refuse to leave the scene of an arrest or investigation, when directed to do so by a police officer.
(Code 1984, § 14-12)
Sec. 30-12. 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 felony or breach of the peace committed in his presence.
(Code 1984, § 14-13)
State law references: Impersonating officer, Code of Virginia, § 18.2-174; unlawful wearing of officer's uniform or insignia, Code of Virginia, § 18.2-175.
Sec. 30-13. Courtesy, etc., due to and from, prohibited acts.
(a) City officers and employees shall be courteous in their official transactions with the public, and they shall conduct themselves in the performance of their official duties so as to not knowingly deprive any person, at the time and under the circumstances then and there existing, of any lawful right or benefit to which such person may be entitled. Any person who feels aggrieved by the conduct of any city officer or employee in violation of this subsection is hereby invited to bring such matter to the attention of such officer's or employee's department head or to the city manager without prejudice to any other recourse to which such aggrieved person may be entitled.
(b) Members of the public, in turn, should be courteous in their transactions with city officers and employees, and it shall be unlawful for any person to knowingly taunt, deride, jeer or otherwise debase or insult, whether by act, word or gesture, any city officer or employee at any time or place while such city officer or employee is lawfully engaged in the performance of official duty.
(Code 1984, § 14-14)
Sec. 30-14. City property; tampering with, etc., personal property.
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.
(Code 1984, § 14-15)
State law references: Damage to property, Code of Virginia, § 18.2-137 et seq.
Sec. 30-15. Damage, etc., to and trespass upon real property.
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.
(Code 1984, § 14-16)
State law references: Trespass, Code of Virginia, § 18.2-119 et seq.
Sec. 30-16. Coin-operated devices; unlawful operation.
Any person who shall operate, cause to be operated, or attempt to operate or cause to be operated any coinbox telephone, parking meter, vending machine or other machine that operates on the coin-in-the-slot principle, whether of like kind or not, designed only to receive lawful coin of the United States of America, in connection with the use or enjoyment of telephone or telegraph service, parking privileges or any other service, or the sale of merchandise or other property, by means of a slug, or any false, counterfeit, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever, not authorized by the owner, lessee or licensee of such coinbox telephone, parking meter, vending machine or other machine or who shall obtain or receive telephone or telegraph service, parking privileges, merchandise or any other service or property from any such coinbox telephone, parking meter, vending machine or other machines, designed only to receive lawful coin of the United States of America, without depositing in or surrendering to such coinbox telephone, parking meter, vending machine or other machine lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such coinbox telephone, parking meter, vending machine or other machine, shall be guilty of a Class 3 misdemeanor.
(Code 1984, § 14-17)
State law references: Similar provisions, Code of Virginia, § 18.2-179.
Sec. 30-17. Shoplifting.
(a) Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner thereof out of the value of the goods or merchandise:
(1) Willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment,
(2) Alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or
(3) Counsels, assists, aids or abets another in the performance of any of the above acts, shall be deemed guilty of larceny and, upon conviction thereof, shall be punished as provided by subsection (b) of this section. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.
(b) Any person convicted for the first time of an offense under this section, when the value of the goods or merchandise involved in the offense is less than $200.00, shall be punished as for a Class 1 misdemeanor.
(c) Any person convicted of an offense under this section, when the value of the goods or merchandise involved in the offense is less than $200.00, and it is alleged in the warrant or information on which such person is convicted, and admitted, or found by the jury or judge before whom such person is tried, that such person has been before convicted in the commonwealth of Virginia for a like offense, regardless of the value of the goods or merchandise involved in the prior conviction, shall be confined in jail not less than 30 days nor more than 12 months.
(d) A merchant, agent or employee of the merchant, who causes the arrest or detention of any person pursuant to the provisions of this section shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest or assault and battery of the person so arrested or detained, whether such arrest or detention takes place on the premises of the merchant or after close pursuit from such premises by such merchant, or the merchant's agent or employee; provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant, had, at the time of such arrest or detention, probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. For the purposes of this subsection, "agents of the merchant" shall include attendants at any parking lot owned or leased by the merchant, or generally used by customers of the merchant through any contract or agreement between the owner of the parking lot and the merchant.
(Code 1984, § 14-18)
State law references: Concealment of merchandise, Code of Virginia, §§ 18.2-103– 18.2-106; See Code of Virginia, § 18-2.104 for conditions under which the above offense is a felony.
Sec. 30-18. Curfew for minors under age 18.
It shall be unlawful and a Class 4 misdemeanor for any person under 18 years of age to be upon the streets or public places of the city between the hours of 10:00 p.m. and 5:00 a.m. from October 1 to March 31 and between the hours of 11:00 p.m. and 5:00 a.m. from April 1 to September 13, unless accompanied by a parent, guardian or responsible adult companion or unless such person be upon a bona fide legitimate mission or errand.
(Code 1984, § 14-21)
Sec. 30-19. Disorderly conduct generally; what constitutes offense.
(a) Any person who shall do or engage in any of the following shall be guilty of the offense of disorderly conduct:
(1) Any person who shall act in a violent or tumultuous manner toward another whereby any person is placed in danger 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 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 or threats of bodily harm.
(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 and cause, provoke or engage in any fight or brawl.
(6) Any person who shall assemble in bodies or in crowds and engage in unlawful activities.
(7) Any person who shall frequent any public place and obtain money from another by an illegal and fraudulent scheme, trick, artifice or device, or attempt to do so.
(8) Any person who assembles with another or others and engages in any fraudulent scheme, device or trick to obtain any valuable thing in any place or from any person, or attempts to do so.
(9) Any person who utters, in a public place or any place open to the public, any obscene words or epithets.
(10) Any person who frequents any place where gaming or the illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs is practiced, allowed or tolerated.
(11) Any person who shall use fight-provoking words directed towards any person who becomes outraged and thus creates turmoil.
(12) Any person who shall assemble or congregate with another or others and do bodily harm to another.
(13) Any person who shall, by acts of violence, interfere with another's pursuit of a lawful occupation.
(14) 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.
(15) 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.
(16) The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street in the city, except as a danger warning, between the hours of 9:00 p.m. and 7:00 a.m.
(17) The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located between the hours of 9:00 p.m. and 7:00 a.m.
(18) The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure between the hours of 9:00 p.m. and 7:00 a.m.
(19) Yelling, shouting, hooting, whistling or singing on the public street between the hours of 9:00 p.m. and 7:00 a.m.
(b) Disorderly conduct constitutes a Class 1 misdemeanor.
(Code 1984, § 14-22)
State law references: Disorderly conduct, Code of Virginia, § 18.2-415.
Sec. 30-20. Disruption of meetings and public gatherings, public places.
(a) A person is guilty of disorderly conduct and a misdemeanor if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person:
(1) In any street, highway, public building or while in or on a public conveyance or public place, engages in conduct having a direct tendency to cause acts of violence by the person at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under other provisions of this chapter; or
(2) Willfully, or being intoxicated, whether willfully or not, disrupts any meeting of the city council or a division thereof, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include conduct otherwise made punishable under this chapter.
(b) The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.
(Code 1984, § 14-23)
State law references: Disorderly conduct, Code of Virginia, § 18.2-415.
Sec. 30-21. Disorderly houses prohibited.
It shall be unlawful for any person to maintain or keep any disorderly house. For the purposes of this section, a "disorderly house" shall mean a dwelling or other building the occupants of which behave in such a manner as to become a nuisance to the neighborhood, disturb the public peace, or shock the public sense of morality.
(Code 1984, § 14-26)
Sec. 30-22. Ditches, drains, etc., obstruction of.
If any person fills up, stops or obstructs any ditch, pipe, drain or other opening made or provided to drain the water from any street, road, alley or other property, the property of or under the control of the city, within the city, he shall be guilty of a misdemeanor. Upon proof that such obstruction has been made by any person directly, or by others acting by and under the authority from such person, the person authorizing such obstruction shall be ordered by the city manager to remove the same and each day he fails to remove such obstruction after being so ordered shall be deemed a separate offense.
(Code 1984, § 14-27)
Sec. 30-23. False alarms and reports.
(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.
(Code 1984, § 14-28)
State law references: Calling ambulance or firefighting apparatus without cause, Code of Virginia, § 18.2-212; false reports to police, Code of Virginia, § 18.2-461.
Sec. 30-24. Direct-contact telephone dial alarm systems.
It shall be unlawful for any person, firm or corporation to install, sell, lease or use, or cause or allow to be installed, sold, leased or used, within the corporate limits of the city, any dial alarm device or system, which, for the purposes of this section is defined as being or consisting of any mechanical, electrical or radio-electronic device or system so made or designed as to automatically actuate or call the city police communications office telephone or radio circuit and use a pre-taped or pre-recorded or programmed verbal message, which operates through overhead and/or underground wires or by radio frequencies and which is set or programmed to directly dial, actuate or call the police department communications office. Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor. Nothing herein contained shall be construed to prohibit the installation, sale, leasing or use of any alarm device so long as such device is not designed or programmed to dial, actuate, call or in any other manner directly contact by telephone or radio circuit the police department communication office on any telephone line or radio circuit assigned either said department; nor prohibit the installation and use of such devices by the police department as an adjunct to their investigation and apprehension programs.
(Code 1984, § 14-28.1)
Sec. 30-25. Fertilizer storage restricted.
No person shall use any building for the purpose of storing fertilizer obnoxious to the smell upon or near the principal streets of the city, without first obtaining a written permit therefor from the city manager, which permit may at any time be revoked.
(Code 1984, § 14-29)
Sec. 30-26. Fortunetelling, etc.
It shall be unlawful for any person to engage in business as a fortuneteller or in any like occupation.
(Code 1984, § 14-30)
Sec. 30-27. Fraud– Defrauding hotels, motels, boardinghouses, etc.
Whoever puts up at a hotel, motel or boardinghouse 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 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 with 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 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 guilty of a Class 2 misdemeanor.
(Code 1984, § 14-31)
State law references: Similar provisions, Code of Virginia, § 18.2-188.
Sec. 30-28. Same– Defrauding garage keeper.
Whoever stores a motor vehicle with any person engaged in the business of conducting a garage for the storage of motor vehicles and furnishing supplies to motor vehicles, and obtains supplies for such motor vehicle, without having an express agreement for credit, or procures storage or supplies on account of such motor vehicle so stored without paying therefor, and with the intent to cheat or defraud the owner or keeper of such garage; or with such intent obtains credit at such garage for such storage or supplies through any misrepresentation or false statement; or with such intent removes or causes to be removed any such motor vehicle from any such garage while there is a lien existing thereon for the proper charges due from him for storage or supplies furnished thereon shall be guilty of a Class 2 misdemeanor.
(Code 1984, § 14-32)
State law references: Similar provisions, Code of Virginia, § 18.2-189.
Sec. 30-29. Halloween trick or treat regulations.
(a) It shall be unlawful for any person to appear on the streets, highways, public homes, private homes or public places in the city to make trick or treat visitations; except that this section shall not apply to children 12 years of age and under on Halloween night.
(b) A special curfew hour of 10:00 p.m. on Halloween evening is established for the trick or treat visitations permitted by subsection (a) of this section.
(c) Any person violating any provision of this section shall, in the discretion of the court trying the case, be subject to a fine of not less than $1.00 nor more than $10.00, or if such person is under 14 years of age, such other punishment as the juvenile court shall deem proper.
(Code 1984, § 14-33)
Sec. 30-30. Iceboxes, etc., abandonment of.
(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. Violation of this section constitutes a Class 3 misdemeanor.
(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.
(Code 1984, § 14-34)
State law references: Similar provisions, Code of Virginia, § 18.2-319.
Sec. 30-31. Nuisances not to be maintained.
It shall be unlawful for any person to maintain any nuisance within the city.
(Code 1984, § 14-36)
State law references: Power of city to abate nuisances, Code of Virginia, § 15.1-14.
Sec. 30-32. Peeping or spying into dwelling or enclosure.
(a) It shall be unlawful for any person to enter upon the property of another and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant's reasonable expectation of privacy.
(b) It shall be unlawful for any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or female breast and the circumstances are such that the person would otherwise have a reasonable expectation of privacy.
(c) The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving a person committed to the department of corrections or to a local or regional jail.
(d) As used in this section, the term "peephole" means any hole, crack or other similar opening through which a person can see.
(e) A violation of this section is a Class 1 misdemeanor.
Sec. 30-33. Petit larceny.
Any person who: (1) Commits larceny from the person of another of money or other thing of value of less than $5.00; or (2) commits simple larceny not from the person of another of goods and chattels of the value of less than $200.00, shall be deemed guilty of petit larceny, which shall be punishable as for a Class 1 misdemeanor.
(Code 1984, § 14-40)
State law references: Similar provisions, Code of Virginia, § 18.2-96.
Sec. 30-34. Prisoners; escape generally.
(a) If any person, lawfully imprisoned in jail and not tried or sentenced on a criminal offense, escapes from jail by force or violence, other than by setting fire thereto, or if any person lawfully in the custody of any police officer on a charge of criminal offense, escapes from such custody by force or violence, he shall be confined in jail not exceeding 12 months.
(b) If any person lawfully confined in jail or lawfully in the custody of any court or officer thereof or of any law enforcement officer on a charge or conviction of a criminal offense escapes, other than by force or violence or by setting fire to the jail, he shall be guilty of a Class 2 misdemeanor.
(Code 1984, § 14-42)
State law references: Escaping from lawful custody, Code of Virginia, §§ 18.2-477– 18.2-480.
Sec. 30-35. Aiding escape.
When a person is lawfully detained as a prisoner in any jail, prison or custody, if any person:
(1) Conveys anything into the jail or prison with intent to facilitate the prisoner's escape therefrom,
(2) In any way aids such prisoner to escape, or in an attempt to escape, from such jail, prison or custody, or
(3) Forcibly rescues, or attempts to rescue him therefrom, such person shall be guilty of a Class 2 misdemeanor. This section shall not apply if the rescue is effected and the prisoner was detained on conviction or charge of a felony.
(Code 1984, § 14-43)
State law references: Aiding escape, Code of Virginia, § 18.2-473.
Sec. 30-36. Unauthorized delivery of articles to prisoners.
It shall be unlawful for any person willfully, in any manner, to deliver or attempt to deliver to any prisoner confined under proper authority, any article of any nature whatsoever, without first securing the permission of the person in whose charge such prisoner is, and who may in his discretion grant or refuse permission. Nothing contained in this section shall be construed to affect section 30-35.
(Code 1984, § 14-44)
State law references: Similar provisions, Code of Virginia, § 18.2-474.
Sec. 30-37. Trespass.
(a) If any person shall, without authority of law, go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign posted on such lands, buildings, premises or part, portion or area thereof, at a place where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Code of Virginia, §§ 16.1-253.1, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.9, 19.2-152.10 or an ex parte order issued pursuant to Code of Virginia, § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of Code of Virginia, §§ 18.2-132 through 18.2-136.
(b) Any owner of real property may, in writing on a form prescribed by the chief of police, designate the police department as a person lawfully in charge thereof, as those terms are used in subsection (a) of this section, for the purpose of forbidding another to go or remain upon the lands, buildings or premises of such owner. Such designation shall include a description of the lands, buildings or premises to which it applies; shall reference the period of time during which it is in effect; and shall be kept on file in the office of the chief of police in such other location within the police department as the chief of police deems appropriate.
(Code 1984, § 14-45; Ord. of 5-22-2001, § 1(14-45))
State law references: Similar provisions, Code of Virginia, § 18.2-119.
Sec. 30-38. Instigating, etc., trespass by others; preventing service to persons not forbidden to trespass.
It shall be unlawful for any person to solicit, urge, encourage, exhort, instigate or procure another or others to go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, knowing such other person to have been forbidden, either orally or in writing, to do so by the owner, lessee, custodian or other person lawfully in charge thereof, or knowing such other person to have been forbidden to do so by a sign posted on such lands, buildings, premises or part, portion or area thereof at a place where it may reasonably be seen; or for any person, on such lands, buildings, premises or part, portion or area thereof, to prevent or seek to prevent the owner, lessee, custodian, person in charge or any of his employees from rendering service to any person not so forbidden.
(Code 1984, § 14-46)
State law references: Similar provisions, Code of Virginia, § 18.2-120.
Sec. 30-39. Trespassing; at night upon church, school or city property.
(a) It shall be unlawful for any person, without the written consent of some person authorized to give such consent, to go or enter upon, in the nighttime between the hours of 11:00 p.m. and 7:00 a.m., the premises or property of any church or upon any school property or upon any city playground, park or recreational field for any purpose other than to attend a meeting or service held or conducted in such church, in such school, or at such city playground, park or recreational field. Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
(b) It shall be unlawful for any person, whether or not a church member or student, to enter upon or remain upon any church or school property in violation of any direction to vacate the property by a person authorized to give such direction or any posted notice which contains such information, posted at a place where it reasonably may be seen. Each time such person enters upon or remains on the posted premises or after such direction that person refuses to vacate such property, it shall constitute a separate offense. A violation of this subsection shall be punishable as a Class 1 misdemeanor, except that any person, other than a parent, who violates this subsection on school property with the intent to abduct a student shall be guilty of a Class 6 felony.
(c) For purposes of this section: (i) "school property" includes a school bus as defined in Code of Virginia, § 46.2-100 and (ii) the term "church" means any place of worship and includes any educational building or community center owned or leased by a church.
(Code 1984, § 14-47)
Sec. 30-40. Destruction of trees, shrubs, etc., on land of another or park; deposition of trash, etc., thereon.
(a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained as a public park, or as a refuge or sanctuary for wild animals, birds or fish without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary.
(b) Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.
(Code 1984, § 14-48)
State law references: Similar provisions, Code of Virginia, § 18.2-140.
Sec. 30-41. Entering property of another for purpose of damaging it, etc.
It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.
(Code 1984, § 14-49)
State law references: Similar provisions, Code of Virginia, § 18.2-121.
Sec. 30-42. Profane cursing and swearing; intoxication.
If any person profanely curses or swears or is intoxicated from drugs or alcohol in public, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center, the judge of the general district court may, by written order, authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; provided, however, that no person shall be involuntarily detained in such center.
(Code 1984, § 14-50)
State law references: Similar provisions, Code of Virginia, § 18.2-388.
Sec. 30-43. Profane, etc., language over telephone.
(a) If any person shall use obscene, vulgar, profane, lewd, lascivious or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act with the intent to coerce, intimidate or harass any person, over any telephone or citizens band radio in this city, he shall be guilty of a Class 1 misdemeanor.
(b) It shall be the duty, on pain of contempt of court, of each telephone company in this city to furnish immediately in response to a subpoena issued by a court of record such information as it, its officers and employees, may possess which in the opinion of the court, may aid in the apprehension of persons suspected of violating the provisions of this section.
(Code 1984, § 14-51)
State law references: Similar provisions, Code of Virginia, §§ 18.2-427, 18.2-431.
Sec. 30-44. Public buildings and grounds other than those belonging to city.
It shall be unlawful for any person to willfully and maliciously break any window or door of any courthouse, house of public worship, college, school house or other public building or library; or to willfully and maliciously injure or deface any statuary in any such public building or on any public grounds; or to willfully and maliciously injure or deface any courthouse, house of public worship or any other such public building; or to willfully and maliciously destroy or carry away any furniture belonging to, or in any of such building; or to willfully and unlawfully injure or deface any book, newspaper, magazine, pamphlet, map, picture, manuscript or other property belonging to any library, reading room, museum or other educational institution or to unlawfully remove the same therefrom.
(Code 1984, § 14-52)
State law references: Similar provisions, Code of Virginia, § 18.2-138.
Sec. 30-45. Railroad cars obstructing street or road; standing vehicle on railroad track.
(a) It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to obstruct for a longer period than five minutes the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided, that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road. Any such railroad company, receiver or trustee, or driver of any such wagon or vehicle, violating any of the provisions of this section shall be fined not less than $100.00 nor more than $500.00; provided that the fine may be $100.00 for each minute beyond the permitted time but the total fine shall not exceed $500.00.
(b) This section shall not apply when the train is stopped due to a breakdown, mechanical failure or an emergency.
(Code 1984, § 14-53)
State law references: Similar provisions, Code of Virginia, § 56.1-412.1.
Sec. 30-46. Adultery.
Any person, being married, who voluntarily shall have sexual intercourse with any person not his spouse shall be deemed guilty of adultery punishable as a Class 4 misdemeanor.
(Code 1984, § 14-54)
State law references: Similar provisions, Code of Virginia, § 18.2-365.
Sec. 30-47. Fornication.
Any person, not being married, who voluntarily shall have sexual intercourse with any other person shall be deemed guilty of fornication punishable as a Class 4 misdemeanor.
(Code 1984, § 14-55)
State law references: Similar provisions, Code of Virginia, § 18.2-344.
Sec. 30-48. Adultery and fornication by persons forbidden to marry.
If any person commits adultery or fornication with any person whom he is forbidden by law to marry, such person shall, upon conviction, be punished as provided for a Class 1 misdemeanor; provided, that this section shall not be construed to apply to a person committing adultery or fornication with his daughter or granddaughter, or with her son or grandson, or her father or his mother.
(Code 1984, § 14-57)
State law references: Similar provisions, Code of Virginia, § 18.2-366, which declares adultery or fornication by persons mentioned in the proviso to be a felony.
Sec. 30-49. Lewd and lascivious cohabitation.
If any person, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open and gross lewdness and lasciviousness, each of them shall be guilty of a Class 3 misdemeanor; and, upon a repetition of the offense, and conviction thereof, each of them shall be guilty of a Class 1 misdemeanor.
(Code 1984, § 14-58)
State law references: Similar provisions, Code of Virginia, § 18.2-345.
Sec. 30-50. Prostitution.
(a) Any person who, for money or its equivalent, commits adultery, fornication or any act in violation of Code of Virginia, § 18.2-361, or offers to commit adultery, fornication or any act in violation of Code of Virginia, § 18.2-361, and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be punishable as a Class 1 misdemeanor.
(b) Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor.
(Code 1984, § 14-59)
State law references: Similar provisions, Code of Virginia, § 18.2-346.
Sec. 30-51. Keeping, residing in or frequenting bawdy place; "bawdy place" defined.
(a) It shall be unlawful for any person to keep any bawdy place, or to reside in or at or visit, for immoral purposes, any bawdy place. For the purposes of this and each other section in this chapter, the term "bawdy place" shall mean any place within or without any building or structure in this city which is used or is to be used for lewdness, assignation or prostitution.
(b) Each and every day such bawdy place shall be kept, resided in or visited shall constitute a separate offense. In a prosecution for this offense, the general reputation of the place may be proved.
(Code 1984, § 14-60)
State law references: Similar provisions, Code of Virginia, § 18.2-347.
Sec. 30-52. Aiding prostitution or illicit sexual intercourse.
It shall be unlawful for any person, with knowledge of, or good reason to believe, the immoral purpose of such visit, to take or transport or assist in taking or transporting, or offer to take or transport on foot or in any way, any person to a place, whether within or without any building or structure, used or to be used for the purpose of lewdness, assignation or prostitution in this city; or procure or assist in procuring for the purpose of illicit sexual intercourse or any act violative of Code of Virginia, § 18.2-361, or to give any information or direction to any person with intent to enable such person to commit an act of prostitution.
(Code 1984, § 14-62)
State law references: Similar provisions, Code of Virginia, § 18.2-348.
Sec. 30-53. Using vehicles to promote prostitution or unlawful sexual intercourse.
It shall be unlawful for any owner, chauffeur or driver of any vehicle, with knowledge or reason to believe the same is to be used for such purpose, to use the same or to allow the same to be used for the purpose of prostitution or unlawful sexual intercourse, or to aid or promote such prostitution or unlawful sexual intercourse by the use of any such vehicle.
(Code 1984, § 14-63)
State law references: Similar provisions, Code of Virginia, § 18.2-349.
Sec. 30-54. Confinement of convicted prostitutes and persons.
Every person convicted of being a prostitute and every person convicted of violating any of the provisions of sections 30-51 through 30-53 shall be guilty of a Class 1 misdemeanor; provided, that in every case in which a city or county farm or hospital is available for the confinement of persons so convicted, confinement shall be in such farm or hospital, as in the discretion of the court or judge is deemed best.
(Code 1984, § 14-64)
State law references: Similar provisions, Code of Virginia, § 18.2-350.
Sec. 30-55. Slander and libel.
(a) Any person who 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 such female acts not virtuous and chaste, or who 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, shall be guilty of a Class 3 misdemeanor.
(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 circumstance tending to disprove malice, or lessen the criminality of the offense.
(Code 1984, § 14-65)
State law references: Similar provisions, Code of Virginia, § 18.2-417.
Sec. 30-56. Snakes; handling, using, etc., so as to endanger human life or health.
(a) It shall be unlawful for any person to display, exhibit, handle or use any poisonous or dangerous snake or reptile in such a manner as to endanger the life or health of any person.
(b) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
(Code 1984, § 14-66)
State law references: Similar provisions, Code of Virginia, § 18.2-313.
Sec. 30-57. Spitting on sidewalks, etc.
(a) No person shall spit, expectorate or deposit any sputum, saliva, mucus or any form of saliva or sputum upon the floor, stairways or upon any part of any public building or place where the public assemble, or upon the floor of any part of any public conveyance, or upon any sidewalk abutting on any public street, alley or lane of any town or city.
(b) Any person violating any provision of this section shall be guilty of a Class 4 misdemeanor.
(Code 1984, § 14-67)
State law references: Spitting in public places, Code of Virginia, § 18.2-322.
Sec. 30-58. Water, filth, etc., from premises not to be discharged into street, etc., or onto premises of another.
No person shall discharge water or other liquid, or any filth, or suffer or permit anyone in his employ or any member of his family to discharge water or other liquid, or any filth, from his premises upon or into any sidewalk, street or gutter or upon the premises of another; nor shall any person suffer or permit any seepage from his premises to flow upon or into any sidewalk, street or gutter or upon the premises of another.
(Code 1984, § 14-68)
Sec. 30-59. Public urination and defecation.
(a) It shall be unlawful for any person knowingly, voluntarily and intentionally to urinate or defecate in public, in a public place, or in any place open to public view, except in a bathroom, restroom or other facility specifically designed for such purpose.
(b) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
(Ord. No. 03-3, § 1(14-61), 4-8-2003)
Secs. 30-60– 30-76. Reserved.
ARTICLE II. Sec. 30-77. Discharge of firearms.
It shall be unlawful for any person in the city to discharge any rifle, shotgun, or firearm of any description; provided, that this section shall not apply to the following:
(1) The discharge of firearms and other weapons by law-enforcement officers and military forces in the city as part of authorized training in the performance of their duties or by any other person whose discharge of a firearm is justifiable or excusable at law in the protection of his life or as otherwise specifically authorized by law;
(2) The discharge of blank cartridges in theatrical performances or sporting events or the firing of salutes by firing squads at military funerals;
(3) The use of the city's firearms range under the supervision of the police department;
(4) The use of firearms for control of animals by approved city personnel under the supervision or at the recommendation of the state department of game and inland fisheries, the state department of agriculture, or the state department of health.
(Code 1984, § 14-69; Ord. of 12-14-1999(1), § 1(14-69))
State law references: Authority to prohibit discharge of firearms, Code of Virginia, § 15.2-1113.
Sec. 30-78. Personal protection; carrying concealed weapons; when lawful to carry.
(a) If any person carries about his person, hidden from common observation: (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) 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, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
(b) This section shall not apply to any person while in his own place of abode or the curtilage thereof. Except as provided in subsection (j)(3) of this section, this section shall not apply to:
(1) Any person while in his own place of business;
(2) Any law-enforcement officer, wherever such law-enforcement officer may travel in the commonwealth;
(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 the weapons are unloaded and securely wrapped while being transported;
(6) Any person actually engaged in lawful hunting, as authorized by the board of game and inland fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit; and
(7) Any state police officer retired from the department of state police, any local law-enforcement officer retired from a police department or sheriff's office within the commonwealth, any special agent retired from the state corporation commission or the alcoholic beverage control board, any game warden retired from the department of game and inland fisheries, and any state marine police officer retired from the law-enforcement division of the state marine resources commission, other than an officer or agent terminated for cause: (i) with a service-related disability; (ii) following at least 15 years of service with any such law-enforcement agency, board or any combination thereof; or (iii) who has reached 55 years of age, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the last such agency from which the officer retired or, in the case of special agents, issued by the state corporation commission or the alcoholic beverage control board. A copy of the proof of consultation and favorable review shall be forwarded by the chief or the board to the department of state police for entry into the state criminal information network. The chief law-enforcement officer shall not without cause withhold such written proof if the retired law-enforcement officer otherwise meets the requirements of this section. For purposes of applying the reciprocity provisions of subsection (p) of this section, any person granted the privilege to carry a concealed handgun pursuant to this subsection, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun permit.
(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;
(2) Officers or guards of any state correctional institution;
(3) Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in subsection (d) of this section: notaries public; registrars; drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire; or commissioners in chancery;
(4) Noncustodial employees of the department of corrections designated to carry weapons by the director of the department of corrections pursuant to Code of Virginia, § 53.1-29; and
(5) Harbormaster of the City of Hopewell.
(d) Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides, or if he is a member of the United States Armed Forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun. There shall be no requirement regarding the length of time an applicant has been a resident or domiciliary of the county or city. The application shall be made under oath before a notary or other person qualified to take oaths and shall be made only on a form prescribed by the department of state police, in consultation with the supreme court, requiring only that information necessary to determine eligibility for the permit. The clerk shall enter on the application the date on which the application and all other information required to be submitted by the applicant is received. The court shall consult with either the sheriff or police department of the county or city and receive a report from the central criminal records exchange. As a condition for issuance of a concealed handgun permit, the applicant shall submit to fingerprinting if required by local ordinance in the county or city where the applicant resides and provide personal descriptive information to be forwarded with the fingerprints through the central criminal records exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant, and obtaining fingerprint identification information from federal records pursuant to criminal investigations by state and local law-enforcement agencies. Where feasible and practical, the police department may transfer information electronically to the state police instead of inked fingerprint cards. Upon completion of the criminal history records check, the state police shall return the fingerprint cards to the police department or, in the case of scanned fingerprints, destroy the electronic record. The police department shall then promptly notify the person that he has 21 days from the date of the notice to request return of the fingerprint cards, if any. All fingerprint cards not claimed by the applicant within 21 days of notification by the police department shall be destroyed. All optically scanned fingerprints shall be destroyed upon completion of the criminal history records check without requiring that the applicant be notified. Fingerprints taken for the purposes described in this section shall not be copied, held or used for any other purposes. The court shall issue the permit within 45 days of receipt of the completed application unless it is determined that the applicant is disqualified. Any order denying issuance of the permit shall state the basis for the denial of the permit and the applicant's right to and the requirements for perfecting an appeal of such order pursuant to subsection (l) of this section. An application is deemed complete when all information required to be furnished by the applicant is delivered to and received by the clerk of court before or concomitant with the conduct of a state or national criminal history records check. If the court has not issued the permit or determined that the applicant is disqualified within 45 days of the date of receipt noted on the application, the clerk shall certify on the application that the 45-day period has expired, and send a copy of the certified application to the applicant. The certified application shall serve as a de facto permit, which shall expire 90 days after issuance, and shall be recognized as a valid concealed handgun permit when presented with a valid government-issued photo identification pursuant to subsection (h) of this section, until the court issues a five-year permit or finds the applicant to be disqualified. If the applicant is found to be disqualified after the de facto permit is issued, the applicant shall surrender the de facto permit to the court and the disqualification shall be deemed a denial of the permit and a revocation of the de facto permit. If the applicant is later found by the court to be disqualified after a five-year permit has been issued, the permit shall be revoked. The clerk of court may withhold from public disclosure the social security number contained in a permit application in response to a request to inspect or copy any such permit application, except that such social security number shall not be withheld from any law-enforcement officer acting in the performance of his official duties.
(e) The following persons shall be deemed disqualified from obtaining a permit:
(1) An individual who is ineligible to possess a firearm pursuant to Code of Virginia, §§ 18.2-308.1:1, 18.2-308.1:2 or 18.2-308.1:3 or the substantially similar law of any other state or of the United States.
(2) An individual who was ineligible to possess a firearm pursuant to Code of Virginia, § 18.2-308.1:1 and who was discharged from the custody of the commissioner pursuant to Code of Virginia, § 19.2-182.7 less than five years before the date of his application for a concealed handgun permit.
(3) An individual who was ineligible to possess a firearm pursuant to Code of Virginia, § 18.2-308.1:2 and whose competency or capacity was restored pursuant to former Code of Virginia, § 37.1-134.1 or 37.1-134.16 less than five years before the date of his application for a concealed handgun permit.
(4) An individual who was ineligible to possess a firearm under Code of Virginia, § 18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit.
(5) An individual who is subject to a restraining order, or to a protective order and prohibited by Code of Virginia, § 18.2-308.1:4 from purchasing or transporting a firearm.
(6) An individual who is prohibited by Code of Virginia, § 18.2-308.2 from possessing or transporting a firearm, except that a permit may be obtained in accordance with subsection (c) of this section.
(7) An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Code of Virginia, title 46.2 shall not be considered for purposes of this disqualification.
(8) An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.
(9) An individual who has been convicted of a violation of Code of Virginia, § 18.2-266 or a substantially similar local ordinance or of public drunkenness within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to Code of Virginia, § 4.1-333.
(10) An alien other than an alien lawfully admitted for permanent residence in the United States.
(11) An individual who has been discharged from the Armed Forces of the United States under dishonorable conditions.
(12) An individual who is a fugitive from justice.
(13) An individual who it is alleged, in a sworn written statement submitted to the court by the sheriff, chief of police or attorney for the commonwealth in the opinion of such sheriff, chief of police or attorney for the commonwealth, is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police or the attorney for the commonwealth shall be based upon personal knowledge or upon the sworn written statement of a competent person having personal knowledge.
(14) An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of Code of Virginia, § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of Code of Virginia, § 18.2-282 within the three-year period immediately preceding the application.
(15) An individual who has been convicted of stalking.
(16) An individual whose previous convictions or adjudications of delinquency were based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of the conviction or adjudication or release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions."
(17) An individual who has a felony charge pending or a charge pending for an offense listed in subsection (14) or (15).
(18) An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.
(19) An individual not otherwise ineligible pursuant to this section, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Code of Virginia, § 18.2-247 et seq. or of a criminal offense of illegal possession or distribution of marijuana or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories.
(20) An individual, not otherwise ineligible pursuant to this section, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Code of Virginia, § 18.2-247 et seq. or upon a charge of illegal possession or distribution of marijuana or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to Code of Virginia, § 18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories.
(f) The making of a materially false statement in an application under this section shall constitute perjury, punishable as provided in Code of Virginia, § 18.2-434.
(g) The court shall require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence:
(1) Completing any hunter education or hunter safety course approved by the department of game and inland fisheries or a similar agency of another state;
(2) Completing any National Rifle Association firearms safety or training course;
(3) Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the department of criminal justice services;
(4) Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
(5) Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;
(6) Obtaining or previously having held a license to carry a firearm in the commonwealth or a locality thereof, unless such license has been revoked for cause;
(7) Completing any firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor;
(8) Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
(9) Completing any other firearms training which the court deems adequate.
A photocopy of a certificate of completion of any of the courses or classes; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.
(h) The permit to carry a concealed handgun shall specify only the following information: name, address, date of birth, gender, height, weight, color of hair, color of eyes, and signature of the permittee; the signature of the judge issuing the permit, or of the clerk of court who has been authorized to sign such permits by the issuing judge; the date of issuance; and the expiration date. The permit to carry a concealed handgun shall be no larger than two inches wide by 3 1/4 inches long and shall be of a uniform style prescribed by the department of state police. The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo-identification issued by a government agency of the commonwealth or by the United States Department of Defense or United States State Department (passport) upon demand by a law-enforcement officer.
(i) Persons who previously have held a concealed handgun permit shall be issued, upon application as provided in subsection (d) of this section, a new five-year permit unless there is good cause shown for refusing to reissue a permit. If the circuit court denies the permit, the specific reasons for the denial shall be stated in the order of the court denying the permit. Upon denial of the application, the clerk shall provide the person with notice, in writing, of his right to an ore tenus hearing. Upon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. The applicant may be represented by counsel, but counsel shall not be appointed, and the rules of evidence shall apply. The final order of the court shall include the court's findings of fact and conclusions of law.
(j) Any person convicted of an offense that would disqualify that person from obtaining a permit under subsection (e) of this section or who violates subsection (f) of this section shall forfeit his permit for a concealed handgun and surrender it to the court. Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction or occurrence of any other event that would disqualify a person from obtaining a concealed handgun permit under subsection (e) of this section, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction or other event.
(1) Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of Code of Virginia, § 18.2-36.1, maiming in violation of Code of Virginia, § 18.2-51.4, driving while intoxicated in violation of Code of Virginia, § 18.2-266, public intoxication in violation of Code of Virginia, § 18.2-388, or driving while intoxicated in violation of Code of Virginia, § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.
(2) An individual who has a felony charge pending or a charge pending for an offense listed in subsection (e)(14) or (15), holding a permit for a concealed handgun, may have the permit suspended by the court before which such charge is pending or by the court that issued the permit.
(3) No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in Code of Virginia, § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the state alcoholic beverage control board under Code of Virginia, title 4.1; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.
(4) Any individual for whom it would be unlawful to purchase, possess or transport a firearm under Code of Virginia, § 18.2-308.1:2 or 18.2-308.1:3, who holds a concealed handgun permit, may have the permit suspended by the court that issued the permit during the period of incompetency, incapacity or disability.
(k) No fee shall be charged for the issuance of such permit to a person who has retired from service: (i) as a magistrate in the commonwealth; (ii) as a law-enforcement officer with the department of state police or the department of game and inland fisheries or with a sheriff or police department, bureau or force of any political subdivision of the commonwealth, after completing 15 years of service or after reaching age 55; (iii) as a law-enforcement officer with the United States Federal Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms, Secret Service Agency, Drug Enforcement Administration, United States Citizenship and Immigration Services, Customs Service, Department of State Diplomatic Security Service, U.S. Marshals Service or Naval Criminal Investigative Service, after completing 15 years of service or after reaching age 55; (iv) as a law-enforcement officer with any police or sheriff's department within the United States, the District of Columbia or any of the territories of the United States, after completing 15 years of service; or (v) as a law-enforcement officer with any combination of the agencies listed in subsections (ii) through (iv), after completing 15 years of service. The clerk shall charge a fee of $10.00 for the processing of an application or issuing of a permit, including his costs associated with the consultation with law-enforcement agencies. The local law-enforcement agency conducting the background investigation may charge a fee not to exceed $35.00 to cover the cost of conducting an investigation pursuant to this section. The $35.00 fee shall include any amount assessed by the Federal Bureau of Investigation for providing criminal history record information, and the local law-enforcement agency shall forward the amount assessed by the Federal Bureau of Investigation to the state police with the fingerprints taken from the applicant. The state police may charge a fee not to exceed $5.00 to cover their costs associated with processing the application. The total amount assessed for processing an application for a permit shall not exceed $50.00, with such fees to be paid in one sum to the person who accepts the application. Payment may be made by any method accepted by that court for payment of other fees or penalties. No payment shall be required until the application is accepted by the court as a complete application. The order issuing such permit, or the copy of the permit application certified by the clerk as a de facto permit pursuant to subsection (d) of this section, shall be provided to the state police and the law-enforcement agencies of the county or city. The state police shall enter the permittee's name and description in the Virginia Criminal Information Network so that the permit's existence and current status will be made known to law-enforcement personnel accessing the Network for investigative purposes.
(l) Any person denied a permit to carry a concealed handgun under the provisions of this section may present a petition for review to the court of appeals. The petition for review shall be filed within 60 days of the expiration of the time for requesting an ore tenus hearing pursuant to subsection (i) of this section, or if an ore tenus hearing is requested, within 60 days of the entry of the final order of the circuit court following the hearing. The petition shall be accompanied by a copy of the original papers filed in the circuit court, including a copy of the order of the circuit court denying the permit. Subject to the provisions of Code of Virginia, § 17.1-410B, the decision of the court of appeals or judge shall be final. Notwithstanding any other provision of law, if the decision to deny the permit is reversed upon appeal, the commonwealth shall pay taxable costs incurred by the person.
(m) For purposes of this section:
Ballistic knife means any knife with a detachable blade that is propelled by a spring-operated mechanism.
Handgun means any pistol or revolver or other firearm, except a machine gun, originally designed, made and intended to fire a projectile by means of an explosion of a combustible material from one or more barrels when held in one hand.
Law-enforcement officer means those individuals defined as a law-enforcement officer in Code of Virginia, § 9.1-101, campus police officers appointed pursuant to Code of Virginia, § 23-232 et seq., law-enforcement agents of the Armed Forces of the United States, the Naval Criminal Investigative Service, and federal agents who are otherwise authorized to carry weapons by federal law. The term" law-enforcement officer" shall also mean any sworn full-time law-enforcement officer employed by a law-enforcement agency of the United States or any state or political subdivision thereof, whose duties are substantially similar to those set forth in Code of Virginia, § 9.1-101.
Lawfully admitted for permanent residence means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
Spring stick means a spring-loaded metal stick activated by pushing a button which rapidly and forcefully telescopes the weapon to several times its original length.
(n) The granting of a concealed handgun permit shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property.
(o) A valid concealed handgun or concealed weapon permit or license issued by another state shall authorize the holder of such permit or license who is at least 21 years of age to carry a concealed handgun in the commonwealth, provided the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day, and except for the age of the permit or license holder and the type of weapon authorized to be carried, the requirements and qualifications of that state's law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the commonwealth under this section. The superintendent of state police shall in consultation with the Office of the Attorney General determine whether states meet the requirements and qualifications of this section, maintain a registry of such states on the Virginia Criminal Information Network (VCIN), and make the registry available to law-enforcement officers for investigative purposes. The superintendent of the state police, in consultation with the attorney general, may also enter into agreements for reciprocal recognition with any state qualifying for recognition under this subsection.
(1) Nonresidents of the commonwealth 21 years of age or older may apply in writing to the department of state police for a five-year permit to carry a concealed handgun. Every applicant for a nonresident concealed handgun permit shall submit two photographs of a type and kind specified by the department of state police for inclusion on the permit and shall submit fingerprints on a card provided by the department of state police for the purpose of obtaining the applicant's state or national criminal history record. As a condition for issuance of a concealed handgun permit, the applicant shall submit to fingerprinting by his local or state law-enforcement agency and provide personal descriptive information to be forwarded with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant and obtaining fingerprint identification information from federal records pursuant to criminal investigations by state and local law-enforcement agencies. The application shall be made under oath before a notary or other person qualified to take oaths on a form provided by the department of state police, requiring only that information necessary to determine eligibility for the permit. If the permittee is later found by the department of state police to be disqualified, the permit shall be revoked and the person shall return the permit after being so notified by the department of state police. The permit requirement and restriction provisions of subsections (e) and (f) of this section shall apply, mutatus mutandis, to the provisions of this subsection. The applicant shall demonstrate competence with a handgun by one of the following:
a. Completing a hunter education or hunter safety course approved by the state department of game and inland fisheries or a similar agency of another state;
b. Completing any National Rifle Association firearms safety or training course;
c. Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services or a similar agency of another state;
d. Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
e. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition approved by the department of state police or current military service or proof of an honorable discharge from any branch of the armed services;
f. Obtaining or previously having held a license to carry a firearm in this commonwealth or a locality thereof, unless such license has been revoked for cause;
g. Completing any firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor;
h. Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
i. Completing any other firearms training that the department of state police deems adequate.
A photocopy of a certificate of completion of any such course or class, an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant, or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall satisfy the requirement for demonstration of competence with a handgun.
(2) The department of state police may charge a fee not to exceed $100.00 to cover the cost of the background check and issuance of the permit. Any fees collected shall be deposited in a special account to be used to offset the costs of administering the nonresident concealed handgun permit program. The department of state police shall enter the permittee's name and description in the Virginia Criminal Information Network so that law-enforcement personnel accessing the network for investigative purposes know the permit's existence and current status.
(3) The permit to carry a concealed handgun shall contain only the following information: name, address, date of birth, gender, height, weight, color of hair, color of eyes, and photograph of the permittee; the signature of the superintendent of the department of state police or his designee; the date of issuance; and the expiration date. The person to whom the permit is issued shall have such permit on his person at all times when he is carrying a concealed handgun in the commonwealth and shall display the permit on demand by a law-enforcement officer.
(4) The superintendent of the state police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for obtaining a nonresident concealed handgun permit.
(p) A valid concealed handgun permit issued by the State of Maryland shall be valid in the commonwealth provided: (i) the holder of the permit is licensed in the State of Maryland to perform duties substantially similar to those performed by state branch pilots licensed pursuant to Code of Virginia, § 54.1-900 et seq. and is performing such duties while in the commonwealth, and (ii) the holder of the permit is 21 years of age or older.
(q) For the purposes of participation in concealed handgun reciprocity agreements with other jurisdictions, the official government-issued law-enforcement identification card issued to an active-duty law-enforcement officer in the commonwealth who is exempt from obtaining a concealed handgun permit under this section shall be deemed a concealed handgun permit.
(r) The provisions of this section or the application thereof to any person or circumstances that are held invalid shall not affect the validity of other provisions or applications of this section that can be given effect without the invalid provisions or applications. This subsection is to reiterate Code of Virginia, § 1-17.1 and is not meant to add to or subtract from that provision.
(Code 1984, § 14-70)
State law references: Similar provisions, Code of Virginia, § 18.2-308.
Sec. 30-79. Sale, etc., of blackjacks, etc.
If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes or causes 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, any disc of whatever configuration having at least two points or pointed blades which is designated to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife or like weapon, such person shall be guilty of a Class 4 misdemeanor. 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.
(Code 1984, § 14-71)
State law references: Similar provisions, Code of Virginia, § 18.2-311.
Sec. 30-80. Furnishing pistols, dirks, etc., to minors under 18 years of age.
If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given, exchanged or furnished to any minor under 18 years of age a dirk, switchblade knife or Bowie knife, having good cause to believe him to be a minor under 18 years of age, such person shall be guilty of a Class 4 misdemeanor.
(Code 1984, § 14-72)
State law references: Similar provisions, Code of Virginia, § 18.2-309A.
Sec. 30-81. Sale, etc., of toy firearms.
(a) No person shall sell, barter, exchange, furnish or dispose of by purchase, gift or in any other manner any toy gun, pistol, rifle or other toy firearm, if the same shall, by action of an explosion of a combustible material, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Each sale of any of the articles hereinbefore specified to any person shall constitute a separate offense.
(b) Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols.
(Code 1984, § 14-73)
State law references: Sale, etc., of toy firearms, Code of Virginia, § 18.2-284.
Sec. 30-82. Discharging, etc., slingshots, airguns, etc.
It shall be unlawful for any person in the city to discharge or use any slingshot, sling, gravel shooter, airgun, bow, cross bow or similar implement provided, that this section shall not apply to the following:
(1) The discharge of arrows from a bow on an indoor archery range which has been approved as to safety of location and construction by the chief of police;
(2) The operation of a shooting event that is sponsored by an organized group, provided, the written approval of the chief of police as to the safety and location and date of the event is obtained prior to the event;
(3) The use of such weapons under the supervision of the police department for the purposes of training on the city's firearms range;
(4) The use of such weapons for control of animals by approved city personnel under the supervision or at the recommendation of the state department of game and inland fisheries, the state department of agriculture, or the state department of health.
(Code 1984, § 14-74; Ord. of 12-14-1999(1), § 1(14-74))
Sec. 30-83. Wells and pits, filling prior to abandonment.
(a) Every person who has caused to be dug on his own land or the land of another any well or pit for the use of such person, shall fill such well or pit with earth so that the same shall not be dangerous to human beings, animals or fowl at the time of or before such well or such pit otherwise shall be abandoned; and any person owning land whereon any such well or pit is located shall in the same manner fill with earth any such well or pit which has been abandoned; provided, that such person has knowledge of the existence of such well or pit.
(b) But in the case of mining operations, in lieu of filling the shaft or pit, the owner or operator thereof, on ceasing operations in such shaft or pit, shall securely fence the same and keep the same at all times thereafter securely fenced.
(c) Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.
(Code 1984, § 14-75)
State law references: Similar provisions, Code of Virginia, § 18.2-316.
Sec. 30-84. Covers required on certain wells.
Every person owning or occupying any land on which there is a well having a diameter greater than six inches and which is more than ten feet deep shall, at all times, keep the same covered in such a manner as not to be dangerous to human beings, animals or fowl. Violation of this section shall be a Class 3 misdemeanor.
(Code 1984, § 14-76)
State law references: Similar provisions, Code of Virginia, § 18.2-317.
Secs. 30-85– 30-111. Reserved.
ARTICLE III. Sec. 30-112. What constitutes a riot or unlawful assembly.
As used in this article:
(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 interest 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.
(Code 1984, § 18-1)
State law references: Similar provisions, Code of Virginia, §§ 18.2-405, 18.2-406.
Sec. 30-113. Participating in unlawful assembly while unarmed.
Every person who participates in any riot or unlawful assembly, and who, at the time thereof, does not carry any firearm or other deadly or dangerous weapon, shall be guilty of a Class 1 misdemeanor.
(Code 1984, § 18-3)
State law references: Similar provisions, Code of Virginia, §§ 18.2-405, 18.2-406.
Sec. 30-114. Remaining at place of riot or unlawful assembly after warning to disperse.
Every person, except the owner or lessee of the premises, his family and nonrioting guests, and public officers and persons assisting them, who remains at the place of any riot or unlawful assembly after having been lawfully warned to disperse shall be guilty of a Class 3 misdemeanor.
(Code 1984, § 18-4)
State law references: Similar provisions, Code of Virginia, § 18.2-407.
Sec. 30-115. Resisting or obstructing execution of legal process.
Every person acting jointly or in combination with any other person to resist or obstruct the execution of any legal process shall be guilty of a Class 1 misdemeanor.
(Code 1984, § 18-6)
State law references: Similar provisions, Code of Virginia, § 18.2-409.
Sec. 30-116. Dispersal of unlawful or riotous assembly.
When any number of persons, whether armed or not, unlawfully or riotously are assembled, the police officers of the city or any of them, shall go among the persons assembled or as near to them as possible and command them in the name of the state immediately to disperse. If upon command the persons unlawfully assembled do not disperse immediately, any such officer may use such force as is necessary to disperse them and/or to arrest those who fail or refuse to disperse. To this end, the law enforcement officer may seek and use the assistance and services of private citizens. Any private citizen who by request seeks to or assists the law enforcement officer in dispersing persons unlawfully or riotously assembled shall be immune from civil or criminal liability for using such reasonable force as may be necessary to arrest or disperse those persons who fail to disperse as ordered.
(Code 1984, § 18-7)
State law references: Similar provisions, Code of Virginia, §§ 18.2-411, 18.2-412.
Sec. 30-117. Duty of officers dispersing rioters; killing or injuring rioters.
Every endeavor must be used, both by the police officers and by the officer commanding any other force, which can be made consistently with the preservation of life, to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered. If any of the persons so riotously or unlawfully assembled shall be killed, maimed or otherwise injured, in consequence of resisting the police or others in dispersing and apprehending them, or in attempting to disperse and apprehend them, such officers and others acting by their authority, or the authority of any of them, shall be held guiltless; provided, such killing, maiming or injury shall take place in consequence of the use of necessary and proper means to disperse or apprehend any such persons so riotously or unlawfully assembled.
(Code 1984, § 18-8)
State law references: Similar provisions, Code of Virginia, §§ 18.2-411, 18.2-412.
Secs. 30-118– 30-147. Reserved.
ARTICLE IV. Sec. 30-148. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Gambling device means and includes:
(1) Any device, machine, paraphernalia, equipment or other thing, including books, records and other papers, which is actually used in an illegal operation or activity.
(2) Any machine, apparatus, implement, instrument, contrivance, board or other thing, including but not limited to, those depending upon the insertion of a coin or other object for their operation, which operates, either completely automatically or with the aid of some physical act by the player or operator, so that, depending upon elements of chance, it may eject something of value or determine the prize or other thing of value to which the player is entitled; provided, that the return to the user of nothing more than additional chances or the right to use such machine is not deemed something of value within the meaning of this subsection; and provided further, that machines that only sell or entitle the user to items of merchandise of equivalent value that may differ from each other in composition, size, shape or color, shall not be deemed gambling devices within the meaning of this subsection.
Such devices are no less gambling devices if they indicate beforehand the definite result of one or more operations but not all the operations, nor are they any less gambling devices if, apart from their use or adaptability as such, they also sell or deliver something of value on a basis other than chance.
Illegal gambling means the making, placing or receipt of any bet or wager in the city of money or other thing of value, made in exchange for a chance to win a prize, stake or other consideration or thing of value, dependent upon the result of any game, contest or other event the outcome of which is uncertain or a matter of chance, whether such game, contest or event occurs or is to occur inside or outside the limits of this city, shall constitute illegal gambling.
Operator means and includes any person, firm or association of persons who or which conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation.
(Code 1984, § 9-1)
State law references: Similar provisions, Code of Virginia, § 18.2-325.
Sec. 30-149. Illegal gambling generally.
Except as otherwise provided in this chapter, any person who illegally gambles shall be guilty of a Class 3 misdemeanor. If an association or pool of persons illegally gamble, each person therein shall be guilty of illegal gambling.
(Code 1984, § 9-2)
State law references: Similar provisions, Code of Virginia, § 18.2-326.
Sec. 30-150. Winning by fraud.
If any person, while gambling, cheats or by fraudulent means, wins or acquires for himself or another, money or any other valuable thing, such person shall be fined no less than five nor more than ten times the value of such winnings. This penalty shall be in addition to any other penalty imposed under this chapter.
(Code 1984, § 9-3)
State law references: Similar provisions, Code of Virginia, § 18.2-327.
Sec. 30-151. Permitting gambling to continue in one's premises.
If the owner, lessee, tenant, occupant or other person in control of any place or conveyance knows, or reasonably should know, that it is being used for illegal gambling, and permits such gambling to continue without having notified a law enforcement officer of the presence of such illegal gambling activity, such person shall be guilty of a Class 1 misdemeanor.
(Code 1984, § 9-4)
State law references: Similar provisions, Code of Virginia, § 18.2-329.
Sec. 30-152. Aiding or abetting operation of illegal gambling activity.
Any person, other than those specified in other sections of this chapter, who knowingly aids, abets or assists in the operation of an illegal gambling activity, shall be guilty of a Class 1 misdemeanor.
(Code 1984, § 9-5)
State law references: Similar provisions, Code of Virginia, § 18.2-330.
Sec. 30-153. Illegal possession of gambling device.
A person is guilty of illegal possession of a gambling device when such person manufactures, sells, transports, rents, gives away, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of, any gambling device, while believing or having reason to believe that such device is to be used in the advancement of any unlawful gambling activity. Illegal possession of a gambling device shall constitute a Class 1 misdemeanor.
(Code 1984, § 9-6)
State law references: Similar provisions, Code of Virginia, § 18.2-331.
Sec. 30-154. Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise.
All money, gambling devices, office equipment and other personal property used in connection with an illegal gambling enterprise or activity, and all money, stakes and things of value received or proposed to be received by a winner in any illegal gambling transaction, which are lawfully seized by any law enforcement officer or which shall lawfully come into such officer's custody, shall be forfeited to the city by order of the court in which a conviction under this chapter is obtained. Such court shall order all money so forfeited to be paid over to the city and, by order, shall make such disposition of other property so forfeited as the court deems proper, including the award of such property to any city or state agency or charitable organization for lawful purposes; or, in case of the sale thereof, the proceeds therefrom to be paid over to the city. Such forfeiture shall not extinguish the rights of any person, without knowledge of the illegal use of such property, who is the lawful owner or who has a lien on the same which has been perfected as provided by law.
(Code 1984, § 9-7)
State law references: Similar provisions, Code of Virginia, § 18.2-336.
Sec. 30-155. Certain acts not deemed "consideration" in prosecution under chapter.
In any prosecution under this chapter, no consideration shall be deemed to have passed or been given because of any person's attendance upon the premises of another; his execution, mailing or delivery of an entry blank; his answering of questions, verbally or in writing; his witnessing of a demonstration or other proceeding; or any one or more thereof, where no charge is made to, paid by, or any purchase required of him in connection therewith.
(Code 1984, § 9-7.1)
State law references: Similar provisions, Code of Virginia, § 18.2-332.
Sec. 30-156. Exceptions from chapter; contests of speed or skill.
(a) Nothing in this article shall be construed to prevent any contest of speed or skill between men, animals, fowl or vehicles, where participants may receive prizes or different percentages of a purse, stake or premium dependent upon whether they win or lose, or dependent upon their position or score at the end of such contest.
(b) Any participant who, for the purpose of competing for any such purse, stake or premium offered in any such contest, knowingly and fraudulently enters any contestant other than the contestant purported to be entered or knowingly and fraudulently enters a contestant in a class in which such contestant does not belong, shall be guilty of a Class 3 misdemeanor.
(Code 1984, § 9-7.2)
State law references: Similar provisions, Code of Virginia, § 18.2-333.
Sec. 30-157. Games of chance in private residences.
Nothing in this article shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and that there is no operator, as defined in section 30-148.
(Code 1984, § 9-7.3)
State law references: Similar provisions, Code of Virginia, § 18.2-334.
Sec. 30-158. Bingo games and raffles permitted by state law.
Nothing in this section shall apply to any bingo game or raffle conducted pursuant to and in accord with the provisions of Code of Virginia, §§ 18.2-340.1 through 18.2-340.25 which have receive a permit under Code of Virginia, § 18.2-340.25 or who are exempt from such requirement.
(Code 1984, § 9-7.4)
State law references: Similar provisions, Code of Virginia, § 18.2-334.2.
Sec. 30-159. State lottery exempt.
Nothing in sections 30-155 through 30-158 shall apply to the state lottery.
Sec. 30-160. Parimutual wagering exempt.
Nothing in sections 30-155 through 30-158 shall apply to paramutual wagering.
Sec. 30-161. Immunity of witness testifying in prosecution under chapter; compulsory testimony.
No witness, called by the city or by the court, giving evidence in any prosecution under this chapter, shall ever be prosecuted for the offense concerning which such witness testifies. Such witness shall be compelled to testify and for refusing to do so may be punished for contempt.
(Code 1984, § 9-7.5)
State law references: Similar provisions, Code of Virginia, § 18.2-337.
Secs. 30-162– 30-190. Reserved.
ARTICLE V. ------------
State law references: Obscenity, Code of Virginia, § 18.2-371 et seq.
------------
Sec. 30-191. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Knowingly means having a general knowledge of, or reason to know, or belief or ground for belief which warrants further inspection or inquiry of the character and content of any material described in this article which is reasonably susceptible of examination by the defendant.
Obscene means that which, considered as a whole, has as its dominant theme or purpose an appeal to 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, lacks serious literary, artistic, political or scientific value.
(Code 1984, § 13.5-1)
State law references: Similar definition of "obscene," Code of Virginia, § 18.2-372.
Sec. 30-192. Obscene items enumerated.
For the purposes of this article, obscene items shall include:
(1) Any obscene book; or
(2) Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, drawing, photograph, film, negative, slide, motion picture, videotape recording; or
(3) Any obscene figure, object, article, instrument, novelty device or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words or sounds; or any obscene writing, picture or similar visual representation or sound recording stored in an electronic or other medium retrievable in a perceivable form.
(Code 1984, § 13.5-2)
State law references: Similar provisions, Code of Virginia, § 18.2-373.
Sec. 30-193. Production, publication, sale, possession, etc., of obscene items.
(a) It shall be unlawful for any person to knowingly:
(1) Prepare an obscene item for the purpose of sale or distribution;
(2) Print, copy, manufacture, produce or reproduce any obscene item for purposes of sale or distribution;
(3) Publish, sell, rent, lend, transport in intrastate commerce or distribute or exhibit any obscene item, or offer to do any of these things; or
(4) Have in such person's possession, with intent to sell, rent, lend, transport or distribute any obscene item.
Possession in public or in a public place of any obscene item shall be deemed prima facie evidence of a violation of this section.
(b) For the purposes of this section, "distribute" shall mean delivery in person or by mail or messenger or by any other means by which obscene items may pass from one person to another.
(Code 1984, § 13.5-3)
State law references: Similar provisions, Code of Virginia, § 18.2-374.
Sec. 30-194. Obscene exhibitions and performances generally.
It shall be unlawful for any person knowingly to:
(1) Produce, promote, prepare, present, manage, direct, carry on or participate in any obscene exhibition or performance, including the exhibition or performance of any obscene motion picture, play, drama, show, entertainment, exposition, tableau or scene; provided, that no employee of any person or legal entity operating a theatre, garden, building, structure, room or place which represents such obscene exhibition or performance shall be subject to prosecution under this section if the employee is not the manager of the theatre or an officer of such entity, and has no financial interest in such theatre, other than receiving salary and wages; or
(2) Own, lease or manage any theatre, garden, building, structure, room or place and lease, let, lend or permit such theatre, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance or to fail to post prominently therein the name and address of a person resident in the locality who is the manager of such theatre, garden, building, structure, room or place.
(Code 1984, § 13.5-4)
State law references: Similar provisions, Code of Virginia, § 18.2-375.
Sec. 30-195. Advertising obscene items, exhibitions or performances generally.
Every person who knowingly prepares, prints, publishes or circulates, or causes to be prepared, printed, published or circulated, any notice or advertisement of any obscene item referred to in section 30-192, or of any obscene performance or exhibition referred to in section 30-194, stating or indicating where such obscene item, exhibition or performance may be purchased, obtained, seen or heard, shall be guilty of a misdemeanor.
(Code 1984, § 13.5-5)
State law references: Similar provisions, Code of Virginia, § 18.2-376.
Sec. 30-196. Obscene placards, posters, bills, etc.
Every person who knowingly exposes, places, displays, posts up, exhibits, paints, prints or marks, or causes to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing or picture which is obscene, or which advertises or promotes any obscene item referred to in section 30-192, or any obscene exhibition or performance referred to in section 30-194, or who knowingly permits the same to be displayed on property belonging to or controlled by such person, shall be guilty of a Class 1 misdemeanor.
(Code 1984, § 13.5-6)
State law references: Similar provisions, Code of Virginia, § 18.2-377.
Sec. 30-197. Coercing acceptance of obscene articles or publications.
No person shall, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, require that the purchaser or consignee receive for resale any other article, book or other publication which is obscene; nor shall any person deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such articles, books or publications, or by reason of the return thereof.
(Code 1984, § 13.5-7)
State law references: Similar provisions, Code of Virginia, § 18.2-378.
Sec. 30-198. Obscene photographs, slides and motion pictures.
(a) Every person who knowingly:
(1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; or
(2) Models, poses, acts or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution shall be guilty of a misdemeanor.
(b) Any violation of this section shall constitute a Class 3 misdemeanor.
(Code 1984, § 13.5-8)
State law references: Similar provisions, Code of Virginia, § 18.2-382.
Sec. 30-199. Operating modeling studio for obscene poses, pictures, etc.
(a) It shall be unlawful for any person to operate a business of providing models or facilities for lewd and indecent sketching, painting or photographing of the human figure where the model postures or is reproduced by sketches, paintings or photographs, in a manner which:
(1) Appeals to prurient interests;
(2) Is utterly without socially redeeming quality or character; and
(3) Patently offends contemporary community standards.
(b) Educational institutions, museums and art galleries are not within the purview of this section.
(c) In addition to the penalties prescribed for a violation of this section, the commissioner of the revenue shall revoke the business license of the establishment wherein the provisions of this section shall have been violated.
(Code 1984, § 13.5-9)
Sec. 30-200. Indecent exposure.
Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present.
(Code 1984, § 13.5-10)
State law references: Similar provisions, Code of Virginia, § 18.2-387.
Sec. 30-201. Public display of obscene materials.
(a) For the purposes of this section, the following words and phrases shall have the meanings re
IN GENERAL
WEAPONS
RIOTS AND UNLAWFUL ASSEMBLIES
GAMBLING
OBSCENITY*