Legislative History notes are not part of this ordinance, but they are official records of Council intent. Likewise, Practice Notes are not law, but they do reflect the staff's best, reasoned opinion on the application of law. Hyperlinks have been inserted by the editor and have no bearing on the law, its underlying intent, or its application.
Title 1—Quick Links
Chapter 1. Introduction and General Provisions.
Chapter 2. Reserved.
Chapter 3. Minors.
Chapter 4. Miscellaneous Conduct.
Chapter 5. Reserved.
Chapter 6. Summons.
Chapter 7. Weapons & Explosives.
Chapter 8. Reserved.
§ 1-101. Authority.
§ 1-102. Definitions.
§ 1-103. General Penalty for Violation of This Title
§ 1-104. Punishments for Classes of Misdemeanors.
§ 1-105. Injunctive Relief Against Continuing Violations of Ordinances.
§ 1-101. Authority. This title is enacted pursuant to the authority vested in the town by §§ 15.2-101, 15.1-839, and 15.2-1102 of the Code of Virginia and § 1 of the Charter of the Town of Bridgewater. Sections of this title may have additional authority as well.
§ 1-102. Definitions. The word "person" as used in this title includes all individual, corporations, firms, associations, and bodies politic. Other terms used shall be construed as defined in the Code of Virginia, particularly §§ 1-13.1 through 1-13.34. The use of the masculine gender includes the feminine gender as well.
§ 1-103. General Penalty for Violation of This Title. Any person who violates any section of this Title for which a punishment is not specifically provided shall be guilty of a class 1 misdemeanor; provided however, no punishment shall exceed the punishment established for such offense in the Code of Virginia.
§ 1-104. Punishments for Classes of Misdemeanors. The authorized punishments for conviction of a violation of this or another title are
(a) For class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(b) For class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
(c) For class 3 misdemeanors, a fine of not more than $500.
(d) For class 4 misdemeanors, a fine of not more than $250.
§ 1-105. Injunctive Relief Against Continuing Violations of Ordinances. The Town, in addition to the penalty imposed for the violation of any ordinance, may seek to enjoin the continuing violation thereof by proceedings for an injunction brought in the Circuit Court of Rockingham County, Virginia.
§ 1-301. Reserved.
§ 1-302. Certain Sales to Minors.
§ 1-303. Curfew.
§ 1-301. Reserved.
§1-302. Certain Sales to Minors.
(a) Any person who sells, barters, gives, furnishes, or causes to be sold, bartered, given, or furnished to any minor a rifle, shotgun, tear gas pin, pistol, dirk, switchblade knife, or bowie knife having good cause to believe him to be a minor shall be guilty of a class 1 misdemeanor. This sub- section shall not apply to any transfer of firearms made between family members or for the purpose of engaging in a sporting event or activity.
Practice Note: See generally Va. Code, § 18.2-309.
(b) Any person who sells, barters, gives, furnishes, or causes to be sold, bartered, given, or furnished to any other person under sixteen (16) years of age cigarettes or tobacco in any form, having good cause to believe him to be under 16 years of age shall be guilty of a class 4 misdemeanor.
§ 1-303. Curfew. Any minor upon the streets or in any other public place in the Town after 11:00 p.m., unless accompanied by a parent or a legal guardian or other person of majority age lawfully in charge of such minor, shall be guilty of a class 4 misdemeanor. Any parent, guardian, or other person having custody of a minor who allows the minor to violate this section, shall also be guilty of a class 4 misdemeanor. Nothing in this section shall be construed to prohibit an unaccompanied minor from attending meetings held in connection with religious exercises, schools, scouting or other such organizations, nor shall this section be applied if such minor is involved in an emergency, legitimate employment, or an errand for his parents, guardian or other person having custody of such minor.
§ 1-401. Authority.
§ 1-402. Resisting an Officer, Employee, or Agent of the Town.
§ 1-403. Prisoner Fleeing Custody of Officer.
§ 1-404. Petit Larceny.
§ 1-405. Shoplifting.
§ 1-406. Peeping or Spying into the Structure Occupied as a Dwelling.
§ 1-407. Defrauding Garage Keepers.
§ 1-408. Defrauding Certain Businesses.
§ 1-409. Trespassing.
§ 1-410. False Entries or Destruction of Records by Officers.
§ 1-411. Theft or Destruction of Public Records by Other Than Officer.
§ 1-412. Destroying or Damaging Property.
§ 1-413. Reserved.
§ 1-414. Drinking in Public.
§ 1-415. Open Alcoholic Beverage Containers.
§ 1-416. Wells and Pits.
§ 1-417. Abandoned Refrigerators and Containers.
§ 1-418. Littering Streets, Roads, Alleys or Other Public Property.
§ 1-419. False Reports to Police Officers.
§ 1-420. False Fire Alarms.
§ 1-421. Unfriendly Fires.
§ 1-422. Interference with Fire Apparatus and Sewer Lines.
§ 1-423. Interference with Public Services or Utilities.
§ 1-424. Pulling Down Fences or Leaving Gates Open.
§ 1-425. Reserved.
§ 1-426. Disorderly Conduct in Public Places.
§ 1-427. Loitering or Loafing.
§ 1-428. Unauthorized Fill Material.
§ 1-429. Hand Bills.
§ 1-430. Establishing Police Lines, Perimeters, or Barricades.
§ 1-431. Removal, Repair, etc of Buildings and Other Structures.
§ 1-432. Reserved.
§ 1-433. Reserved.
§ 1-434. Indecent Exposure.
§ 1-435. Profanity, Swearing and Intoxication in Public, etc.
§ 1-436. Reserved.
§ 1-437. Urination and Defecation in Public.
§ 1-438. Reserved.
§ 1-439. Reserved.
§ 1-440. Injuring Vehicles.
§ 1-441. Entering or Setting Vehicles in Motion.
§ 1-442. Reserved.
§ 1-443. Public Assemblies.
§ 1-401. Assault and Battery. Any person who commits a simple assault or assault and battery shall be guilty of a class 1 misdemeanor.
§ 1-402. Resisting an Officer, Employee, or Agent of the Town. Any person who, by threats or force, attempts to intimidate or impede any officer or employee of the Town in the discharge of his or her duty or any other person in the execution of work for the Town, shall be guilty of a class 1 misdemeanor.
§ 1-403. Prisoner Fleeing Custody of Officer. 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, who escapes therefrom, shall be guilty of a class 1 misdemeanor if such escape is by force or violence, including setting fire to the jail and a class 2 misdemeanor if such escape is otherwise than by force or violence.
§ 1-404. Petit Larceny. Any person who
(i) Commits larceny from the person of another of money or other thing of value of less than $5.00, or
(ii) Commits simple larceny not from the person of another of goods or chattels of value of less than $200.00,
shall be guilty of a class 1 misdemeanor.
§ 1-405. Shoplifting. Any person who, without authority, with the intention of converting goods or merchandise to his or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of goods or merchandise,
(i) Willfully conceals or takes possession of the goods or other merchandise of any store or mercantile establishment, or
(ii) Alters price tags or markings or other price or marking on such goods or merchandise, or transfers goods from one container to another, or
(iii) Counsels, assists, aids, or abets another in the performance of the above acts,
shall be guilty of a class 1 misdemeanor.
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.
§ 1-406. Peeping or Spying into the Structure Occupied as a Dwelling. Any person who enters upon the property of another and secretly or furtively peeps through or attempts to so peep into, through, or spy 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, being permanently situated or transportable, whether or not such occupancy be permanent or temporary, shall be guilty of a class 1 misdemeanor.
§ 1-407. Defrauding Garage Keepers. . Any person who stores a motor vehicle with any person, firm, or corporation engaged in the business of conducting a garage for the:
(i) Storage of motor vehicles;
(ii) Furnishing of supplies to motor vehicles; or
(iii) Alteration or repair of motor vehicles,
and obtains storage, supplies, alterations or repairs for such motor vehicle, without having an express agreement for credit, or procures storage, supplies, alterations or repairs 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, supplies, alterations or repairs through 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, supplies, alterations or repairs shall be guilty of a class 2 misdemeanor.
Practice Note: The editor changed "therefore" to "therefor."
§ 1-408. Defrauding Certain Businesses. Any person who puts up at a hotel, motel, campground, or boarding house or gains entrance to an amusement park or obtains food from a restaurant or other eating house without paying [therefor], without having an express agreement for credit, and with the intent to cheat or defraud the owner or keeper of such business out of pay for the same; or with the intent to cheat or defraud such owner or keeper out of pay [therefor], obtains credit by means of any false show of baggage or effects or any other misrepresentation or false statement; or with such intent, causes to be removed or removes any baggage or effects from such place of business while there is a lien existing thereon for the proper charges due such owner or keeper, shall be guilty of a class 1 misdemeanor.
Practice Note: The editor changed "therefore" to "therefor."
§ 1-409. Trespassing. Any person who, without authority, goes upon or remains upon the lands, buildings, or premises of another, or any 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 or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises, or a portion or area thereof, at a place or places 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 §§ 16.1-253, 16.1-253.1, 16.1-278.2, 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15 or 16.1-279.1 of the Code of Virginia or ex parte order issued pursuant to § 20-103 of the Code of Virginia, and after having been served with such an order, shall be guilty of a class 1 misdemeanor.
§ 1-410. False Entries or Destruction of Records by Officers. If a clerk of any court or any other public officer fraudulently make a false entry or erase, alter, secrete, or destroy any record, including a microphotographic copy, in his keeping and belonging to his office, he shall be guilty of a class 1 misdemeanor and shall forfeit his office and be forever incapable of holding any office of honor, profit or trust under the Constitution of Virginia.
§ 1-411. Theft or Destruction of Public Records by Other Than Officer. If any person steal, fraudulently secrete, or destroy a public record or part thereof, including a microphotographic copy thereof, he shall be guilty of a class 1 misdemeanor.
§ 1-412. Destroying or Damaging Property. Any person who unlawfully takes, carries away, defaces, disfigures, cuts, marks, breaks, or otherwise injures or destroys, in whole or in part, any property not his own (whether it be real or personal, public or private) shall be guilty of a class 1 misdemeanor provided, this section shall not apply to injuries to or the destruction of living plants.
§ 1-413. Reserved.
§ 1-414. Drinking in Public. Any person who takes a drink or tenders a drink, whether accepted or not, of any alcoholic beverage, as defined in § 4.1-100 of the Code of Virginia in a public place, as defined in such Code in § 4.1-100, within the Town, other than in an establishment licensed for on-premises consumption by the Virginia Alcoholic Beverage Control Commission, shall be guilty of a class 4 misdemeanor.
§ 1-415. Open Alcoholic Beverage Containers. It shall be unlawful for any person to possess an open alcoholic beverage container while in a public park or playground, or on a public street. Any violation of this section shall constitute a Class 4 misdemeanor.
§ 1-416. Wells and Pits. Any person owning or occupying land on which there is a well or pit having a diameter greater than six (6) inches and a depth of more than ten (10) feet that is left uncovered in such a manner as to be dangerous to human beings, animals, or fowl shall be guilty of a class 3 misdemeanor. Any such condition existing on abandoned property shall be abated by the Town Superintendent or other officer to whom such duty is delegated with all reasonable costs thereof charged and collected against such property in the same manner as local real estate taxes. Every day of continuance of such condition shall constitute a separate offense.
§ 1-417. Abandoned Refrigerators and Containers. Any person, firm, or corporation who discards, abandons, leaves or allows to remain in any place any icebox, refrigerator, or other container with an airtight interior storage area of more than two cubic feet of clear space without first removing the doors or hinges, shall be guilty of a class 3 misdemeanor; however, this section does not apply to any icebox, refrigerator, or other container being used for the purpose for which it was originally designed, being used for display purposes by any retail or wholesale merchant, or having been crated, strapped, or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment therein.
§ 1-418. Littering Streets, Roads, Alleys or Other Public Property. Any person who throws or deposits or causes to be thrown or deposited upon any public property, including a public street, road, or alley within the town any bottles, glass, nails, tacks, wire, cans, garbage, refuse or other unsightly or dangerous material, shall be guilty of a class 1 misdemeanor unless such person shall immediately remove or cause to be removed all such materials. Any person removing a wrecked or damaged vehicle from any public property, or public street, road, or alley within the town shall remove any glass or other injurious material deposited upon such public way by such vehicle.
§ 1-419. False Reports to Police Officers. Any person who knowingly gives a false report as to the commission of any crime to any law-enforcement official with the intent to mislead, without just cause and with intent to interfere with the operations of any law enforcement official, to call or summon any law enforcement official by telephone or other means, including engagement or activation of an automatic emergency alarm shall be guilty of a class 1 misdemeanor.
§ 1-420. False Fire Alarms. Any person who, without just cause [therefor], calls or summons, by telephone or otherwise, any ambulance or fire-fighting apparatus, or any person who maliciously activates a manual or automatic fire alarm in any building used for public assembly or other public use, including, but not limited to, schools, theaters, stores, office buildings, shopping centers, malls, coliseums and arenas, regardless of whether fire apparatus responds or not, shall be guilty of a class 1 misdemeanor.
Practice Note: The editor changed "therefore" to "therefor."
§ 1-421. Unfriendly Fires. Any person who sets or procures another to set fire to any woods, brush, leaves, grass, straw or any other inflammable substance capable of spreading fire and who allows the fire to escape to lands not his own, whereby the property of another is damaged or jeopardized shall be liable for the full amount of expenses incurred in fighting such fire. If such fire is set intentionally, such person shall be guilty of a class 1 misdemeanor. If such fire is set carelessly or negligently, such person shall be guilty of a class 4 misdemeanor.
§ 1-422. Interference with Fire Apparatus and Sewer Lines. Any person who, interferes or tampers with fire- fighting equipment within the Town (including, but not limited to willfully diverting or wasting a public water supply or tampering with a fire hydrant) shall be guilty of a class 2 misdemeanor. Any person who willfully and maliciously diverts any public waste water or sewer line shall also be guilty of a class 2 misdemeanor.
§ 1-423. Interference with Public Services or Utilities. Any person who intentionally interferes or tampers in any authority which is used to furnish oil, telegraph, telephone, electric, gas, sewer, waste water or water service to the public, shall be guilty of a class 3 misdemeanor.
§ 1-424. Pulling Down Fences or Leaving Gates Open. Any person, who without permission of the owner, pulls down the fence of another and leaves the same down, or, without permission, opens and leaves open the gate of another, or any gate across a public road established by order of court or if any person other than the owner or owners of the lands through which a line of railroad runs, who opens and leaves open a gate at a public or private crossing of the railroad right-of-way, shall be guilty of a class 4 misdemeanor.
§ 1-425. Reserved.
§ 1-426. Disorderly Conduct in Public Places. A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance, or alarm or recklessly creating a risk thereof, he:
(i) In any streets, highways, public buildings, or while in or on a public conveyance, or public place engage in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or
(ii) Willfully or being intoxicated, whether willfully or not, whether such intoxication results from self administered alcohol, or other drugs of whatever nature, disrupts any meeting of the governing body of any political subdivision of the Commonwealth, or a division or agency thereof, or any school, literary society or place of worship, if the disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or
(iii) Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self administered alcohol or other drugs of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption (I) prevents or interferes with the orderly conduct of the operation or activity or (II) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
However, the conduct prohibited under sub-sections (i), (ii), or (iii) of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this title.
The person in charge of such place or meeting may eject therefrom any person who violates any provisions of the section with the aid, if necessary, of any persons called upon for such purpose. Such violators shall be guilty of a class 1 misdemeanor.
§ 1-427. Loitering or Loafing. Any person loitering or standing on any street, sidewalk, curb or upon or around any public place whether on public or private property who fails to move on after being requested to do so by a policemen, shall be guilty of a class 4 misdemeanor and shall cease to occupy such position on the street, sidewalk, or curb.
§ 1-428. Unauthorized Fill Material. Any person who uses materials such as tree stumps, brush, prunings, lumber, undecomposed organic matter, scrap metal, paper, or any other trash, garbage or undecomposed waste material for fill material in any place other than an officially designated sanitary fill, shall be guilty of a class 4 misdemeanor, shall be liable for the removal and disposal of the prohibited fill material, and shall be liable for proper refilling or the costs thereof which shall be charged and collected in the same manner as local real estate tax. The intent of this section is to prevent the improper use of such material in fills which may subsequently rot, decay, rust, or otherwise decompose and result in abnormal settling or cave-ins and prevent the timely use of lands thus filled, or result in an eventual hazard to health, life, limb, or property.
§ 1-429. Hand Bills. Any person who:
(i) Distributes or causes to be distributed any hand bills in such a manner so as to interfere with the safe and orderly flow of traffic on any sidewalk or street;
(ii) Places or causes to be placed any hand bill in or upon any automobile or other vehicle unless the owner thereof demonstrates his willingness to accept it;
(iii) Distributes or causes to be distributed any hand bill in or upon any private premises which are then uninhabited and vacant;
(iv) Distributes or causes to be distributed any hand bill, in or upon private premises which are inhabited in a manner other than by handing it directly to the owner, occupant, or other person then present in or upon such private premises; provided hand bills may be placed securely thereon so as to prevent being blown about such inhabited premises or elsewhere unless requested by anyone upon such premises not to do so or unless a sign is posted conspicuously upon such premises in any manner indicating the occupants do not desire to have hand bills left upon such premises;
(v) Affixes in any way a hand bill, poster, or advertisement to any public property, real or personal, including telegraph, telephone, electric transmissions poles and trees, except as may be authorized by law; or
(vi) Throws, places, or distributes or causes to be thrown, placed, or distributed any commercial hand bill in or upon any place within the Town,
shall be guilty of a class 4 misdemeanor.
Non commercial hand bills may be distributed in any public place to those persons willing to accept them.
§ 1-430. Establishing Police Lines, Perimeters, or Barricades. Whenever fires, accidents, wrecks, explosions, crimes, riots or other emergency situations where life, limb or property may be endangered, may cause persons to collect on the public streets, alleys, highways, parking lots or other public area, the chief law enforcement officer of the Town (or that officer's authorized representative who is responsible for the security of the scene) may establish such areas, zones or perimeters by the placement of police lines or barricades as are reasonably necessary to:
(i) Preserve the integrity of evidence at such scene,
(ii) Facilitate the movement of vehicular and pedestrian traffic into, out of, and around the scene,
(iii) Permit firefighters, police officers, and emergency service personnel to perform necessary operations unimpeded, and
(iv) Protect persons and property.
Any police line or barricade erected for these purposes shall be clearly identified by wording such as "Police Line - DO NOT CROSS" or other similar wording. If material or equipment is not available for identifying the prohibited area, then a verbal warning by identifiable law-enforcement officials positioned to indicate a location of a police line or barricade shall be given to any person or persons attempting to cross police lines or barricades without proper authorization.Such scene may be secured no longer than is reasonably necessary to effect the above-described purposes. Nothing in this section shall limit or otherwise affect the authority of, or be construed to deny access to such scene by, any person charged by law with the responsibility of rendering assistance at or investigating any such fires, accidents, wrecks, explosions, crimes, or riots.
Personnel from information services such as press, radio, and television, when gathering news, shall be exempt from the provisions of this section except that it shall be unlawful for such persons to obstruct the police, firemen, and rescue workers in the performance of their duties at such scene. Such personnel shall proceed at their own risk.
§ 1-431. Removal, Repair, etc of Buildings and Other Structures.
(a) The owners of property located within this town shall, at such time or times as the Town Council may prescribe, remove, repair, or secure any building, wall, or any other structure which might endanger the public health or safety of other residents of the Town;
(b) The Town Council, through its own agents or employees may remove, repair, or secure any building, wall, or any other structure which might endanger the public health or safety of other residents of the town if the owner and lien holder of such property, after reasonable notice and a reasonable time to do so, has failed to remove, repair or secure the building, wall, or other structure. For purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice (f) mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and (if) published once a week for two successive weeks in a newspaper having general circulation in the locality. No action shall be taken by the locality to remove, repair or secure any building, wall or other structure for a least thirty days following the latter of the return of the receipt or newspaper publication.
(c) In the event the Town Council, through its own agents or employees, removes, repairs, or secures any building, wall or any other structure after complying with the notice provisions of this section, the costs or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the Town as taxes and levies are collected;
(d) Every change authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid, shall constitute a lien against such property, ranking on a parity with liens for unpaid taxes and enforceable in the same manner as provided in Article 3 (§ 58.1-3940 et seq. and § 58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia.
§ 1-432. Reserved.
§ 1-433. Reserved.
§ 1-434. 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 breast feeding a child in any public place or any place where others are present.
§ 1-435. Profanity, Swearing and Intoxication in Public, etc. Any person who profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drugs or other intoxicant or drugs of whatever nature shall be deemed guilty of a class 4 misdemeanor. If there is located within the area of this Town or Rockingham County or the City of Harrisonburg, a court-approved detoxification center, a law-enforcement officer may authorize the transportation, by police or otherwise of public inebriates, to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.
§ 1-436. Expectorating in Public Places. 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 this Town. Any person violating any provision of this section shall be guilty of a class 4 misdemeanor. (See Code of Virginia, § 18.2-322 and C.T.)
§ 1-437. Urination and Defecation in Public.
(a) No person shall urinate or defecate in any public building (except in an appropriate toilet facility); or upon any street, sidewalk, alley or other public property; or in any other place where such person is visible to public view.
(b) Any person violating this section shall be guilty of a class 4 misdemeanor and shall be punished in accordance with § 1-4.
§ 1-438. Reserved.
§ 1-439. Reserved.
§ 1-440. Injuring Vehicles. Any person who shall individually or in association with one or more others willfully break, injure, tamper with, or remove any part or parts of any motor vehicle, trailer, o r semi-trailer for the purpose of injuring, defacing or destroying such motor vehicle, trailer or semi-trailer, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such motor vehicle, trailer or semi-trailer, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of such motor vehicle, trailer or semi-trailer, shall be guilty of a class 1 misdemeanor.
§ 1-441. Entering or Setting Vehicles in Motion. Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, climb into or upon such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with intent to commit any crime, malicious mischief, or injury thereto, or who, while a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad is at rest and unattended, shall attempt to manipulate any of the levers and starting crank or other devise, brakes or mechanism thereof or to set into motion such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with the intent to commit any crime, malicious mischief, or injury thereto, shall be guilty of a class 1 misdemeanor, except that the foregoing provision shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
§ 1-442. Reserved.
A "dance hall" is any place open to the general public where dancing is permitted; however, this section does not apply to dances held for benevolent or charitable purposes or where the same are conducted under the auspices of religious, civil, military or educational organizations.
§ 1-443. Public Assemblies.
(a) Definitions. For the purposes of this section the following terms shall have the meanings set out herein:
(1) "Event" means a Parade or Public Assembly, as defined herein.
(2) "Parade" means any march, demonstration, procession, or motorcade upon the streets, sidewalks, or other public areas of the Town that interferes with—or presents a Significant Probability of interfering with—the normal flow or regulation of pedestrian or vehicular traffic upon Public Space.
(3) “Public Assembly” means any meeting, demonstration, picket line, rally, or gathering of more than ten people for a common purpose as a result of prior planning that interferes with—or presents a Significant Probability of interfering with—
(i) The normal flow or regulation of pedestrian or vehicular traffic upon Public Space, or
(ii) The normal use of any Public Space.
(4) “Public Space” means any streets, sidewalks, or any other land of the Town which is open to the public generally.
(5) "Significant Probability” means more likely than not. When a decision maker is charged finding significant probability, he shall base it on facts and circumstances then known to him, after reasonable inquiry.
Legislative Intent: The Council does not intend for there to be a formal hearing, but at the same time, it does not intend for a decision on Significant Probability to be based upon unarticulated beliefs. The Chief may rely on his own observations, hearsay, experts, new reports, and such other sources as he deems credible.
(6) "Spontaneous Event" means an unplanned and unannounced coming together of people or vehicles in a Parade or Public Assembly which was not contemplated beforehand by any participant therein.
(b) Permit Requirement. Except as provided in paragraph (c) below, it shall be unlawful for any person to conduct or participate in a Public Assembly or Parade on Public Space, unless a written permit is first issued in accordance with the provisions of this section.
(c) Exceptions. The provisions of this section shall not apply to
(i) Spontaneous Events;
(ii) Recreational activities, including jogging or walking, that do not require closing public streets or other public rights-of-way and have no Significant Probability of interfering with the normal use of any Public Space;
(iii) Door-to-door advocacy, including canvassing, pamphleteering, religious or political proselytizing and the distribution of written materials, and similar activities that do not interfere with—and have no Significant Probability of interfering with—the free passage on, or the use of, Public Space;
(iv) Door-to-door sales of goods or services, and similar activities that do not interfere with—and have no Significant Probability of interfering with—the free passage on, or the use of, Public Space; provided, however, that any persons or organizations engaging in such activities shall comply with any other applicable requirements of the Town Code;
(v) Funeral processions;
(vi) Students going to and from school classes or participating in school-sponsored educational activities, and
(vii) Governmental agencies acting within the scope of their functions.
(d) Application for Permit.
(1) Any person desiring to conduct a Parade or Public Assembly shall make written application to the Chief of Police at least five days prior to the proposed event. Such application shall set forth the following information:
(i) The name, address and telephone number of the person requesting the permit;
Practice Note: Additional contact information, such as an email address or social media addresses is useful. Parades and Public Assemblies sometimes require that contact be made in short order.
(ii) The name and address of any organization or group the applicant is representing;
(iii) The name, address, and telephone number of the person who will act as the Parade or Public Assembly leader and who will be responsible for the conduct of the Parade or Public Assembly;
Practice Note: Again, additional contact information is useful.
(iv) A description of the activities planned during the Parade or Public Assembly.
(v) The date, starting time, and ending time of the Parade or Public Assembly, and if the application is for a recurring series of Parades or Public Assemblies, the dates, starting times, and ending times of each.
(vi) If a Public Assembly, the specific location or locations of the assembly.
(vii) If a Parade, the specific assembly and dispersal locations, the specific route, and the plans, if any, for assembly and dispersal.
(viii) The approximate number of people who will participate in such Parade or Public Assembly, and for Parades, the number of vehicles and a description thereof.
(ix) A statement as to whether the Parade or Public Assembly will occupy all or only a portion of the width of the streets, sidewalks, or other public rights-of-way proposed to be used.
(x) A description sound amplification equipment, banners, signs, or other attention-getting devices to be used.
(xi) Such other information as the Chief may deem reasonably necessary in order to properly provide for traffic control, street and property maintenance, administrative arrangements, police and fire protection, and for the protection of public health, safety and welfare.
(2) Late Filing. Should unforeseeable circumstances prevent an applicant from filing within the deadline established in paragraph (d)(1) above, the Chief shall accept a late filing and process it as expeditiously as practicable.
(e) Issuance or denial of permit.
(1) Denial for False Application. The Chief shall not issue the permit if any information supplied by the applicant is false or materially misleading.
(2) Approval. The Chief shall issue the permit within three days of receipt of the completed application, and in any event prior to the scheduled parade or public assembly if, in general, he finds a Significant Probability that the event will cause no public health, safety, and welfare, and specifically, he finds a Significant Probability that
(i) The time, duration, route and size of the Event will not unreasonably interrupt the safe and orderly movement of vehicular or pedestrian traffic on Public Space or the normal use of Public Space;
(ii) The applicant has, where needed, designated monitors sufficient to control the orderly conduct of the Parade or assembly in conformity with such permit;
(iii) The Event will not unduly interfere with police, fire, or rescue services to the remainder of the Town, either by requiring the presence of such first responders or by slowing the travel of such first responders to locations across Town;
(iv) The Event will not interfere with another Event for which a permit has been granted; and
(v) The Parade or Public Assembly will not violate State or Federal law.
(3) Denial. If the Chief denies an application after considering the factors set forth in paragraph (e)(2) above, he shall promptly notify the applicant, using such means as are available to him in an attempt to provide notice as soon as possible. The Chief will advise the applicant of his right to appeal the decision under paragraph (e)(6) below.
Nothing in this section shall permit the Chief to deny a permit based upon political, social, or religious grounds or reasons or based upon the content of the views expressed. Denial of a permit on such grounds is prohibited.
Legislative Intent: Nothing in this section should depend on what people believe or what they have to say. Instead, this section looks to whether their conduct will create excessive risk or inconvenience.
(4) Approval of Alternate. The Chief, in denying a permit for an Event may authorize the Event on an alternate date or time, or at an alternate place. An applicant desiring to accept an alternate permit shall file a written notice of acceptance with the Chief.
(5) Competing & Opposing Groups. Nothing in this section prevents persons or groups opposing, competing with, the sponsor of a permitted Event (“Opponents”) from appearing at the Event, provided (i) such Opponents do not unreasonably interfere with the operation of the permitted Event and (ii) Opponents do not unreasonably block Public Space or prevent its use.
Opponents must notify the Chief as soon as they form the intent to appear at the licensed event. Without such notice, the Opponents may be denied permission to assemble, because the Town may not be able to secure the Event adequately.
Whenever Opponents are present, the Chief may assign Public Space to different groups on an equitable basis, roughly proportionate numbers of persons present. The Chief may also physically separate Opponents from the sponsoring group and Opponents from one another, in order to promote public safety.
(6) Appeal. Any person aggrieved by the refusal of the Chief to grant a permit, or by the revocation of a permit after one has been issued, may appeal the denial or revocation to the Town Manager by filing a written notice of the appeal setting forth the grounds therefor. Any such appeal must be received within five days after the date of the decision giving rise to the appeal. The Town Manager shall act upon the appeal within five days after its receipt.
(f) Citizen Conduct.
(1) Interference with Event. No person shall unreasonably hamper, obstruct, impede or interfere with any authorized Event or with any person, vehicle or animal participating or used in an Event for which a written permit has been issued.
(2) Driving through Parades, etc. No driver of a vehicle shall drive between the vehicles, persons, or displays of an Event or funeral procession except when otherwise directed by a police officer. This paragraph shall not apply to authorized emergency vehicles.
(3) Provocative Conduct. Within an Event or within 250 yards of an Event, no person shall
(i) Carry bats, clubs, or similar items;
(ii) Wear masks as prohibited by Va. Code, § 18.2-422;
(iii) Carry chemical irritant sprays or caustic substances;
(iv) Carry shields;
(v) Carry any open flames other than candles;
(vi) Wear a helmet (unless riding a motorcycle, bicycle, or similar device), or
(vii) Carry any item that can be used as a projectile. It is permissible to carry written or printed placards, signs, flags, banners, etc., but such items shall not be attached to poles or rods.
This paragraph (f)(3) shall not apply to Events which are plainly celebratory.
Legislative Intent: As an example of this exception for celebratory events, it would make little sense to prohibit bats at a parade celebrating a minor-league baseball victory. In that context, a bat would be obviously non-provocative.
(4) Police Orders. No person shall fail to immediately obey an order of the Chief, given under this section.
(g) Powers of the Chief. In addition to those powers granted by general law,
(1) The Chief may order the dispersal of any gathering which violates this section or for which there is a Significant Probability of violence.
(2) The Chief may revoke any permit issued under this section whenever there is a Significant Probability of violence, injuries to people, or property damage.
(3) The Chief may make temporary regulations for parking or traffic on Public Space to accommodate an Event or minimize the risk of personal injury or property damage.
(4) The Chief may close any Public Space when an Event or other gathering presents a Significant Probability of personal injuries or property damage.
(h) Violation. The violation of this section shall constitute a Class 2 misdemeanor.
(i) Delegation.
(1) With respect to any single Event,
(i) If requested by the Rockingham County Sheriff, the Chief may cede to the Sheriff all control of the permitting process and event scene, thereby delegating to the Sheriff all authority vested by this section.
(ii) If requested by state or federal authorities acting within their jurisdiction, the Chief shall cede to the requesting party all control of the permitting process and event scene, thereby delegating to the requesting party all authority vested by this section.
(2) At any time, the Chief may act through such other members of the Police Department as he may designate.
(j) Severability. If any portion of this [section] is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this section and such invalid provisions or portions thereof shall be severable.
Practice Note: The first instance of the word "section" was passed with the word "article." The change was made by the editor.
§ 1-601. Summons.
§ 1-601. Summons.
(a) Whenever any person is detained by or is in the custody of an arresting officer for violation of a Town ordinance punishable as a misdemeanor or traffic infraction, such officer shall, except as otherwise provided in this section, take the name and address of such person and the license number of his or her motor vehicle, if any, and issue a summons or otherwise notify him or her in writing to appear at a time and place to be specified in such summons or notice, such time to be at least five (5) days after such arrest. Such officer shall release such person from custody upon the giving by such person of a written promise to appear at such time and place. Any person refusing to give such promise to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate. Any person who willfully violates such written promise to appear, given in accordance with this section, shall be guilty of a class 1 misdemeanor.
(b) Notwithstanding the provisions of paragraph (a), as to
(i) Any person charged with an offense causing or contributing to an accident resulting in the injury or death of any person,
(ii) Any person charged with reckless driving or driving under the influence of intoxicants,
(iii) Any person who the arresting officer has good cause to believe has committed a felony, or
(iv) Any person whom the officer has reason to believe may disregard a summons issued hereunder,
The arresting officer may, in his discretion, take such person forthwith before the nearest or most accessible magistrate.
§ 1-701. Discharging Firearms.
§ 1-702. Airguns, Slingshots, and Other Instruments for Projecting Missiles.
§ 1-703. Fireworks.
§ 1-701. Discharging Firearms.
(a) The discharge of firearms is prohibited within the Town.
(b) Violation of this section shall constitute a Class 1 misdemeanor.
(c) This section shall not apply (i) to any law enforcement officer in the performance of his official duties, (ii) to any other person whose act is otherwise justifiable or excusable at law in the protection of his life or property, (iii) to the killing of deer pursuant to § 29.1-529 of the Code of Virginia, or (iv) to any other discharge expressly authorized by a state law which unambiguously supersedes this section.
§ 1-702. Airguns, Slingshots, and Other Instruments for Projecting Missiles. Any person using, within the Town, any instrument for projecting missiles, including, but not limited to airguns, BB guns, slingshots, grit shooters, and bows and arrows shall be guilty of a class 4 misdemeanor; provided, this section shall not apply to archery ranges of colleges or schools.
§ 1-703. Fireworks. Any person who transports, manufactures, sells, or offers for sale, a firecracker, torpedo, skyrocket, or other substance or thing of whatever form or construction commonly known as fireworks, without a permit, shall be guilty of a class 1 misdemeanor, except that any person who purchases, stores, transports, ignites, or explodes such items as a part of a personal or family celebration, shall be guilty of a class 3 misdemeanor. This section shall not apply to members of the armed forces acting within the scope of their duties, to persons using such materials for emergency signaling, or to persons involved in the operation of a railroad. This section shall not apply to the use or sale of sparklers, fountains, pharaoh's serpents, caps for pistols, or to pinwheels or whirligigs so long as such fireworks are ignited or exploded on private property with consent of the owner thereof. The Town Superintendent or other delegated officer shall have authority to issue permits for lawful fireworks exhibitions to be held by benevolent or fraternal groups, clubs, associations or organizations.