List of Local City Ordinance Criminal Offenses
in the City of Alexandria, Virginia
Sec. 13-1-1 – Abusive language.
If any person shall, within the city, in the presence or hearing of another, curse or abuse such 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 1963, Sec. 23-1; Ord. No. 2826, 6/28/83, Sec. 1)
State Law Reference: Similar provisions, Code of Va., Sec. 18.2-416.
Sec. 13-1-2 – Assault; assault and battery.
Any person who shall commit a simple assault or assault and battery shall be guilty of a class 1 misdemeanor. (Code 1963, Sec. 23-2; Ord. No. 2826, 6/28/83, Sec. 2)
Sec. 13-1-4 – Cursing and swearing—over telephone.
If any person shall curse or abuse anyone or 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 in the city, he shall be guilty of a class 1 misdemeanor. (Code 1963, Sec. 23-8; Ord. No. 2826, 6/28/83, Sec. 3)
State Law Reference: Similar provisions, Code of Va., Sec. 28.2-427.
Cross Reference: Abusive language, Sec. 13-1-1.
Sec. 13-1-5 – Public intoxication.
If any person is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a class 4 misdemeanor. If there is a court-approved detoxification center in the city or a neighboring jurisdiction, a law enforcement officer may authorize the transportation, by police or otherwise, of a person who is in violation of this section to such detoxification center in lieu of arrest; provided, however, that no person shall be involuntarily detained in such center. (Code 1963, Sec. 23-11; Ord. No. 2826, 6/28/83, Sec. 4; Ord. No. 3599, 10/17/92, Sec. 1)
Charter Reference: Authority, Sec. 2.04(a).
State Law Reference: For similar state law, see Code of Va., Sec. 18.2-388.
Sec. 13-1-5.1 – Possession of open or opened receptacles containing an alcoholic beverage.
(a) It shall be unlawful for any person, while in the city, to possess an open or opened receptacle containing an alcoholic beverage (i) in or on any publicly or privately owned park, playground, street, alley, sidewalk or other pedestrian walkway or parking lot to which the public has, or is permitted to have, access, or (ii) in a motor vehicle located on any such street, alley or parking lot, whether or not such vehicle is moving. Any person violating this section shall be guilty of a class 4 misdemeanor.
(b) Nothing in subsection (a) shall prevent a person from possessing an open or opened receptacle containing an alcoholic beverage (i) in a place licensed by the Virginia Alcoholic Beverage Control Board (“board”) to sell alcoholic beverages at retail for on-premises consumption, (ii) in an area approved by the board and during an event for which the board has granted a banquet license or mixed beverage special events license, or (iii) in a public street which has been temporarily closed for a special event pursuant to a permit issued by the director of transportation and environmental services. (Ord. No. 3551, 12/14/91, Sec. 1; Ord. No. 3798, 5/13/95, Sec. 1)
Sec. 13-1-6 – False fire alarms.
Any person who without just cause therefor calls or summons, by telephone or otherwise, any ambulance or firefighting apparatus, or any person who maliciously activates a manual or automatic fire alarm in any building used for public assembly or for other public use, including but not limited to schools, theaters, stores, office buildings, shopping centers and malls, coliseums and arenas, regardless of whether fire apparatus responds or not, shall be deemed guilty of a class 1 misdemeanor. (Code 1963, Sec. 23-12; Ord. No. 2826, 6/28/83, Sec. 5)
State Law Reference: For state law as to summoning fire apparatus without just cause, see Code of Va., Sec. 18.2-212.
Sec. 13-1-7 – Gambling—generally.
(a) 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.
(b) The making, placing or receipt of any bet or wager in this 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 any 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. (Code 1963, Sec. 23-13; Ord. No. 2826, 6/28/83, Sec. 6
Charter Reference: Power of city as to gambling places and gambling devices, Sec. 2.04(a).
Sec. 13-1-17 – Indecent exposure.
It shall be unlawful for any person to knowingly, voluntarily and intentionally appear in public or in a public place or in a place open to the public, or open to public view in a state of nudity, or to employ, encourage or procure another person to so appear. Any person violating the provisions of this section shall be guilty of a class 1 misdemeanor. As used herein, “state of nudity” means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.
Nothing contained herein shall be construed to apply to the breastfeeding of a child in a public place, the exhibition, presentation, showing or performance of any play, ballet, drama, tableau, production or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher learning or other similar establishment which is primarily devoted to such exhibitions, presentations, shows or performances as a form of expression of opinion, communication, speech, ideas, information, act or drama as differentiated from commercial or business advertising, promotion or exploitation of nudity for the purpose of advertising, promotion, selling or serving products or services or otherwise advancing the economic welfare of a commercial or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall. (Code 1963, Sec. 23-21; Ord. No. 2722, 10/16/82, Sec. 1; Ord. No. 2826, 6/28/83, Sec. 13; Ord. No. 4706, 2/12/11, Sec. 1)
Sec. 13-1-18 – Indecent prints, pictures, figures or descriptions.
It shall be unlawful for any person to post, put up or exhibit on the streets or any public place in the city, any indecent or immoral print, pictures, figure or description, manifestly tending to corrupt the morals of youth, or to introduce into any family or place of education or buy or have in possession any such thing for the purpose of sale, exhibition or circulation. Any person violating the provisions of this section shall be guilty of a class 1 misdemeanor. (Code 1963, Sec. 23-22; Ord. No. 2826, 6/28/83, Sec. 14)
State Law Reference: For state law as to obscenity, see Code of Va., Secs. 18.2-372 to 18.2-389.
Sec. 13-1-19 – Removing property—generally.
It shall be unlawful for any person willfully or maliciously to remove without authority any property of the city wherever situated or the private property of any person. Any person violating this section shall be guilty of a class 1 misdemeanor. Any person removing city property in violation of this section shall be responsible for the cost of replacing the property. (Code 1963, Sec. 23-23; Ord. No. 2826, 6/28/83, Sec. 15; Ord. No. 3935, 6/14/97, Sec. 4)
Cross Reference: Injuring parking meters, see Secs. 10-4-27 and 10-4-36.
Sec. 13-1-19.1 – Vandalism and graffiti.
(a) It shall be unlawful for any person willfully or maliciously to destroy, damage, injure or deface, in whole or in part, any public building, public facility, or publicly-owned personal property.
(b) It shall be unlawful for any person willfully or maliciously to destroy, damage, injure or deface, in whole or in part, any private building, private facility or privately-owned personal property; provided, that the provisions of this subsection shall not be applicable in the event the damage to such private property is $1,000 or greater. The amount of damage caused by the destruction, damage, injury or defacing of such private property may be established by proof of the fair market cost of repair or fair market replacement value of the property.
(c) Any person violating the provisions of this section shall be guilty of a class l misdemeanor.
(d) Upon a finding of guilt of a violation of this section in any case tried before the court without a jury, in the event the violation constitutes a first offense under this section which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service work as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Such discharge and dismissal shall be without adjudication of guilt, and shall be a conviction only for the purpose of applying this section in subsequent proceedings.
(e) Community service work, to the extent feasible, shall include the repair, restoration or replacement of damage or defacement to property within the city, and may include clean-up, beautification, landscaping or other similar community service work within the city. The sheriff of the city shall supervise the performance of any community service work required and report thereon to the court imposing such requirement. At or before the time of sentencing a defendant convicted for violating this section, the court shall receive and consider any plan for making restitution or performing community service work submitted by the defendant. The court shall also receive and consider the recommendations of the city manager concerning the plan.
(f) Notwithstanding any other provision of law, no person convicted for a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or has been compelled to perform community service work, or both, as is more particularly set forth in section 19.2-305.1 of the Code of the Virginia, 1950, as amended.
(g) Nothing in this section shall be deemed to affect the intake and other procedures, including disposition, of the juvenile and domestic relations court where the perpetrator of a violation is subject to the jurisdiction of said court. (Ord. No. 3935, 6/14/97, Sec. 5)
Sec. 13-1-20 – Same—gardens and orchards.
It shall be unlawful for any person to enter any enclosed or unenclosed vegetable garden or any orchard located within the city, without the consent of the owner, tenant or agent of the owner or tenant, and there cut down, injure, damage, destroy, eat or carry away any portion of the garden or orchard, including any growing thing, crop, tree, timber, seed, grass, soil, fertilizer, water supply, tool, implement, fence or any other protective device, or any other thing useful for the development, cultivation, maintenance and use of the garden or orchard. Any person violating the provisions of this section shall be guilty of a class 3 misdemeanor. (Code 1963, Sec. 23-24; Ord. No. 2826, 6/28/83, Sec. 16)
Sec. 13-1-21.1 – Prohibition against littering and other improper discard or disposal.
(a) Definitions. The following words and terms, when used in this section, shall for the purpose of this section have the following meanings ascribed to them in this section:
(1) Abatement cost means the city’s cost for labor, equipment, and supplies for, or the contract price of, and any charges to, the city, with respect to the removal and disposal of litter, garbage, rubbish, or refuse from a property.
(2) Construction site means any residential, commercial, industrial or other area, lot or site at which construction or demolition of any type is conducted, including roads, at buildings, and at all other places actively being constructed, demolished, renovated, or repaired.
(3) Construction waste means solid waste that is produced or generated during construction, demolition, remodeling, or repair of pavements, houses, commercial buildings, and other structures. Construction wastes include, but are not limited to lumber, sawdust, shavings, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving materials, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids and garbage are not construction wastes and are subject to other sections of this Code, including, without limitation city code section 11-13-2.
(4) Discard means to abandon, dispose of, burn, incinerate, accumulate, store or treat before or instead of being abandoned, disposed of, burned or incinerated.
(5) Discarded material means a material that is abandoned, disposed of, burned, incinerated, accumulated, stored or treated before or instead of being abandoned, disposed of, burned or incinerated.
(6) Dispose means to discharge, deposit, inject, dump, spill, leak or placement of any solid waste into or on any land or water so that such solid waste or any constituent of it may enter the environment or be emitted into the air or discharged into any waters.
(7) Garbage means readily putrescible discarded materials composed of animal, vegetable, or other organic matter, including, without limitation, food waste, offal or dead animals.
(8) Litter means any man-made material that, if thrown, discarded, or disposed as prohibited by this section, may create a danger to public health, safety, or welfare or degrades the environment of the city. “Litter” shall include, but is not limited to, any garbage, trash, refuse, rubbish, newspaper, magazine, glass, metal, plastic or paper container, construction waste, or any discarded object likely to injure any person, create a traffic hazard, or degrade the environment.
(9) Person means any individual, corporation, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, representative, or group of individuals or entities of any kind.
(10) Receptacle means a container that is specifically designed, constructed, and placed for use as a depository for litter or solid waste.
(11) Refuse means all solid waste products having the character of solids rather than liquids and that are composed wholly or partially of materials such as garbage, trash, rubbish, litter, ashes, coal, dirt, mud, gravel, sand, residues from clean up of spills or contamination, or other discarded materials.
(12) Rubbish means combustible or slowly putrescible discarded materials, which include but are not limited to trees, wood, leaves, straw, hay, trimmings from shrubs or trees, printed matter, plastic and paper products, grass, rags, and other combustible or slowly putrescible materials not included under the term “garbage.”
(13) Solid waste or waste means any garbage, refuse, rubbish, trash, or other discarded material, but does not include solid or dissolved materials in domestic sewage, solid or dissolved materials in irrigation return flows, industrial discharges, or special nuclear or by-product materials.
(14) Trash means combustible and noncombustible discarded materials and is used interchangeably with the term “rubbish”.
(b) Administration and enforcement. The director of transportation and environmental services, or his designee, shall be responsible for the administration of this section and shall have the authority to enforce compliance through the use of civil remedies as authorized by this section. Further, any law enforcement officer or sworn special police officer is authorized to enforce the provisions of subsections (c)(2) and (d) hereof through the issuance of traffic citations.
(c) Unlawful disposal of litter.
(1) No person shall drop, cast, sweep, deposit, discard, or otherwise dispose of any litter in or upon any exterior public or exterior private property within the city including but not restricted to any street, sidewalk, park, body of water, or vacant or occupied lot, except by placement in a proper receptacle or in an area designated and approved by the city as a permitted disposal site. This subsection shall not apply to leaves deposited in the streets from October 1 to December 31 of any calendar year for collection by the city.
(2) When a violation of the provisions of this subsection has been observed by any person, and the litter has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such litter, provided however, that such presumption shall be rebuttable by competent evidence. Violation of this subsection (c)(2) shall constitute a traffic infraction punishable by a fine not to exceed $250. In lieu of imposition of a fine, the court may order the defendant to perform community service in litter abatement activities.
(d) Securing and covering loads.
(1) All motor vehicles used to transport any material along streets, roads, or highways of the city, shall be constructed, maintained, and loaded in such a manner as to prevent such vehicle’s contents from dropping, sifting, leaking, or otherwise escaping. This subsection shall not apply to any:
a. Motor vehicle that is used exclusively for agricultural purposes as provided in § 46.2-698 of the Code of Virginia and is not licensed in any other state;
b. Agricultural vehicle, tractor, or other vehicle exempted from registration and licensing requirements under state law;
c. Motor vehicle transporting forest products, poultry, or livestock; or
d. Public service company vehicle, pickup truck, or emergency snow removal equipment while engaged in snow removal operations.
e. Public service vehicle engaged in the removal of solid waste, leaves, recycling or other materials within the city.
(2) No person shall transport any litter, rubbish or solid waste in an open or uncovered vehicle along the streets, roads, or highways of the city, unless the load is covered by a tarpaulin or other suitable cover in such manner as to contain the entire load. If any of the contents of the load shall be blown, spilled, fall, or become scattered in or upon any public way or place, such person shall immediately cause such contents to be gathered up and removed.
(3) When a violation of the provisions of this subsection has been observed by any person, the owner or operator of the motor vehicle shall be presumed to be the person responsible for the contents dropping, sifting, leaking, or otherwise escaping from the motor vehicle, provided however, that such presumption shall be rebuttable by competent evidence.
(4) Violation of this subsection shall constitute a traffic infraction punishable by a fine not to exceed $250. In lieu of imposition of a fine, the court may order the defendant to perform community service in litter abatement activities.
(e) Duty of owners and occupants.
(1) It shall be the responsibility of each owner, agent, occupant, or lessee of real property to keep his or her property free of litter. The owner, agent, occupant, or lessee of any property shall be responsible for removing litter accumulating on said property.
(2) No owner, agent, occupant, or lessee of any property shall allow the storage or accumulation of litter on the exterior of said property outside of a receptacle that is covered, secured, and maintained so as to prevent blowing, spilling, scattering, or leaking of the litter and waste contained therein, except that this requirement shall not apply to an area designated and approved by the city as a permitted disposal site.
(3) It shall be the responsibility of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding areas free of litter. These areas include, but are not limited to public and private sidewalks, roads, and alleys; grounds; parking lots; loading and unloading areas; and all vacant lots that are owned or leased by such establishment or institution. Removal of any litter shall be performed in accordance with this subsection.
(4) Each owner, agent, occupant, or lessee whose property faces on the sidewalks in the city or the strips between the streets and sidewalks shall be responsible for keeping such sidewalks and strips free of litter. Removal of any litter shall be performed in accordance with this subsection.
(f) Construction sites.
(1) It shall be unlawful for any owner or agent of a construction site, or any contractor on a construction site, to cause, permit, or allow the presence of litter on such site outside of a proper receptacle or to cause, permit, or allow litter or waste to be spilled, discharged, or blown by wind or water, except for the wind and water from hurricanes, tornadoes, and floods. It shall be the responsibility of the owner or agent of the property and each contractor performing work on the site to keep the property free of litter.
(2) The owner, agent, or contractor in charge of a construction site shall furnish on such site receptacles sufficient to contain worker’s litter and receptacles sufficient to contain all construction waste. All receptacles shall be conveniently available and maintained and secured or covered so as to prevent litter and waste from being spilled, discharged, or blown by wind or water, except for the wind and water from hurricanes, tornadoes, and floods. The number and capacity of receptacles should be determined by the primary contractor, but no less than one receptacle for worker’s litter and no less than one receptacle for construction waste shall be placed at each construction site. Receptacles required under this subsection shall be not less than 10 gallons capacity. All receptacles shall be emptied as necessary, but not less frequently than weekly, except that receptacles used exclusively to contain construction waste shall be serviced with sufficient frequency to prevent spillage from overflow and to prevent offensive odors. All receptacles required under this subsection shall remain conveniently available on the site from the time construction activity commences until the construction activity ceases.
(3) The requirement for receptacles in this subsection shall not apply to any construction site on which only repair or minor renovation of a building is taking place, provided that no litter or construction waste is placed, stored, or otherwise accumulated on the exterior of the property outside of a proper receptacle and any such receptacle is maintained in accordance with this section.
(g) Litter receptacles at places frequented by the public.
(1) Every owner, occupant, tenant, or lessee in control of any property that is held out to the public as a place for assemblage, for the transaction of business or recreation, or as a public way shall provide adequate receptacles of sufficient number and size to contain all litter generated by those persons frequenting that public place. The number and size of the receptacles shall be determined by the owner, occupant, tenant, or lessee in control of any property, except that no less than one receptacle shall be placed at each site. Receptacles shall be no less than 10 gallons in capacity and clearly marked and designed to prevent the escape of litter and waste. Any person owning or in control of any property at which receptacles are required by this chapter shall at his or her own expense be responsible for the procurement, placement, and maintenance of such receptacles as required by this section.
(2) All litter and solid waste shall be removed from receptacles as necessary, but not less frequently than weekly, and all receptacles shall be maintained in a sanitary and serviceable condition.
(3) No person shall cause the unauthorized removal, upsetting, mutilation or defacing of, or tamper with any receptacle, or cause the contents thereof to be spilled or to be strewn in or upon any public or private property.
(4) Any person who fails to place and maintain receptacles in the number and manner required under this subsection shall be subject to a civil fine of $25 for each day of violation, not to exceed a total of $2,500 for any calendar year.
(h) Enforcement.
(1) The City may commence enforcement of subsections (c)(1), (e), (f) or (g) of this section by notifying in writing the owner, lessee, occupant, or person in responsible charge or in possession of a property or premises, of the existence of an unlawful condition on such property or premises. Such written notice shall be sent to the owner, lessee, occupant, or person in responsible charge or in possession of a property by registered or certified mail, or may be served by the sheriff, to the last known address of the owner as indicated in the City’s current real estate tax assessment records. Such notice shall contain a description of the nature of the violation; any corrective action needed to be taken by such person to come into compliance with this section; and the time frame within which such corrective action shall be completed. The amount of time allowed to abate, correct, or eliminate the unlawful condition shall not exceed 10 days.
(2) Every owner, lessee, occupant, or person in responsible charge or in possession of a property or premises shall, upon written notice of an unlawful condition, abate, correct, and eliminate such condition within the timeframe required by such notice. After receipt of a written notice of violation pursuant to subsection (a) hereof, it shall be unlawful for the owner, lessee, occupant, or person in responsible charge or in possession of a property or premises on which the unlawful condition exists to fail to abate, correct, or eliminate such condition within the timeframe as such written notice requires. Ten days after due notice is given to any owner, agent, occupant, operator, contractor in charge, or lessee of any property, business, industry, institution, or construction site to remove litter from the premises, the city is authorized to clean up such property, by use of city employees or by employing an agent of the city, and bill such owner or agent for the abatement costs thereof. If the bill has not been paid within 30 days, execution may be issued by the city against the property for the abatement cost, and such execution shall constitute a lien on the property, on a parity with liens for unpaid taxes, until the claim has been satisfied. Execution of the notice to remove litter shall be in writing and shall be in the form of a registered or certified letter. Nothing in this section shall be deemed to prevent the city from imposing the other remedies set forth herein for violation of this section.
(3) In addition to the penalty provided in subsection (4) below, the director may initiate injunctive, abatement, or any other appropriate action to prevent, enjoin, abate, or remove a violation of any of the provisions of this section.
(4) Except where otherwise noted, a violation of any provision of this section shall constitute a civil violation that shall be enforced through the levying of a civil penalty, pursuant to section 1-1-11 of this code of $250.00 for a first violation and $400.00 for each subsequent violation of the same section or provision. (Ord. No. 4569, 12/13/08, Sec. 2)
Sec. 13-1-24 – Loitering or prowling.
(a) It shall be unlawful for any person or persons to stand, assemble or loiter upon any sidewalk, street, public ground or public way in the city so as to obstruct, hinder or impede free passage upon or along same or obstruct, hinder or impede free ingress or egress to and from any place of business, institution or public building or property. No person or persons so assembled shall refuse or neglect to move or depart or give free passage after being requested to do so by the owner, lessee, tenant, manager or occupant of the premises obstructed as aforesaid or upon the order of any police officer of the city.
(b) It shall be unlawful for any person to hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building or any other place of residence with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner.
(c) It shall be unlawful for any person to loiter in or about any toilet open to the public, for the purpose of engaging in or soliciting any lewd and lascivious or any unlawful act.
(d) It shall be unlawful for any person to lodge in any building, structure or place whether public or private without the permission of the owner or person in possession or in control thereof.
(e) It shall be unlawful for any person to loiter in or about any restaurant, tavern or other public building. As used in this subsection, “loiter” means to, without just cause, remain in a restaurant, tavern or public building, or to remain upon the property immediately adjacent thereto, after being asked to leave by the owner, or person entitled to possession or in control thereof, or by any police officer.
(f) It shall be unlawful for any person to sleep in any public park, public square or public sidewalk area between the hours of 8:00 p.m. and 8:00 a.m.
(g) Any person convicted of violating any of the provisions of this section shall be guilty of a class 3 misdemeanor. (Code 1963, Sec. 23-26; Ord. No. 2481, 6/14/80, Sec. 1; Ord. No. 2743, 11/23/82, Sec. 1; Ord. No. 2826, 6/28/83, Sec. 20; Ord. No. 3017, 2/23/85, Sec. 1)
Sec. 13-1-24.1 – Loitering in a public place with intent to engage in an unlawful drug transaction.
(a) It shall be unlawful for any person to loiter in a public place with the intent to sell, give, distribute, possess or purchase a controlled substance, as defined in section 54.1-3401 of the Code of Virginia, (1950), as amended, or any successor provision of the Virginia Code. For purposes of this section, the term “controlled substance” shall also include marijuana.
(b) No person shall be arrested for a violation of this section unless a law enforcement officer or officers shall have observed, and no person shall be convicted of a violation of this section except upon testimony of a law enforcement officer or officers of, the following:
(1) the person remains in one or more public places in the same general location for a period of at least 15 minutes;
(2) during this period and while in a public place in the same general location, the person has two or more face-to-face contacts with other individuals;
(3) each of such contacts (i) is with one or more different individuals, (ii) lasts no more than two minutes, (iii) involves actions or movements by the person consistent with an exchange of money or other small objects, (iv) involves actions or movements by the person consistent with an effort to conceal an object appearing to be or to have been exchanged, and (v) terminates shortly after the completion of the apparent exchange; and
(4) the person engages in some additional overt act, or there is additional circumstantial evidence, that manifests an intent on the person’s part to sell, give, distribute, possess or purchase a controlled substance, as defined in subsection (a). For purposes of this subsection (b), “same general location” shall mean an area defined as a circle with a radius of 750 feet and a center being the place where a person is first observed by a law enforcement officer.
(c) For purposes of this section, the term “public place” means any street, sidewalk, alley, park, bridge, driveway, parking lot or other public property within the city that is open to the general public.
(d) Any person convicted of violating this section shall be guilty of a class 1 misdemeanor. (Ord. No. 3500, 2/23/91, Sec. 2)
Editorial Note: Ord. No. 3500, § 1, adopted Feb. 23, 1991, repealed § 13-1-24.1, which pertained to loitering for purposes of engaging in an unlawful drug transaction and derived from Ord. No. 3450, § 1, adopted April 24, 1990; and Ord. No. 3471, § 1, adopted June 26, 1990. Section 2 of said Ord. No. 3500 added new provisions as § 13-1-24.1 to read as herein set out.
Sec. 13-1-25 – Minors prohibited in public poolrooms.
(a) It shall be unlawful for any person under the age of 18 years to frequent, play in or loiter in any public poolroom or billiard room in the city or be permitted by the proprietor thereof or his agent to frequent, play in or loiter in any public poolroom or billiard room in the city.
(b) Any person under the age of 18 years and any proprietor or his agent violating the provisions of this section shall, upon conviction, thereof, be guilty of a class 3 misdemeanor.
(c) Nothing in this section shall apply, however, to military or naval personnel in uniform in any poolroom or billiard room. (Code 1963, Sec. 23-27; Ord. No. 2826, 6/28/83, Sec. 21)
Sec. 13-1-26 – Noise—mechanical loudspeakers.
The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles or in mercantile establishments for advertising or other purposes shall be unlawful; provided however, that the use of mechanical loudspeakers or amplifiers shall not be unlawful if a permit for such use is first obtained as provided in this section. All permits shall be subject to the following provisions:
(1) The only sounds permitted are music or human speech.
(2) Operations are permitted for four hours each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted four hours of operation shall be between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m.
(3) Sound-amplifying equipment shall not be operated unless the sound truck upon which the equipment is mounted is operated at a speed of at least 10 miles per hour, except when the truck is stopped or impeded by traffic. Where stopped by traffic the sound-amplifying equipment shall not be operated for longer than one minute at each stop.
(4) Sound shall not be issued within 100 yards of hospitals, schools, churches or courthouses.
(5) The human speech and music amplified shall not be profane, lewd, indecent or slanderous.
(6) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 50 feet from the sound truck and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
(7) No sound-amplifying equipment shall be operated in excess of 15 watts of power in the last stage of amplification.
(8) Sound-amplifying equipment in operation on a sound truck shall be subject to inspection by a member of the police department at reasonable times. (Code 1963, Sec. 23-30)
Cross Reference: Permit for operating loudspeakers from aircraft flying over city, Sec. 9-2-12.
Sec. 13-1-27 – Nuisances.
It shall be unlawful for any person, whether owner or tenant, to keep or permit upon improved or unimproved real estate within the city any thing or things, whether animate or inanimate, which are dangerous, unhealthy or offensive so as to cause or be likely to cause injury or annoyance to any resident or citizen of the city. Any person violating this section shall be guilty of a class 4 misdemeanor. Each day’s continuance of any nuisance prohibited in this section, after notice from a city official to abate and correct the same, shall constitute a separate offense. (Code 1963, Sec. 23-33; Ord. No. 2826, 6/28/83, Sec. 22)
Charter Reference: Power of city to abate or remove nuisances, Sec. 2.04(m).
Sec. 13-1-28 – Placards, posters, etc.
No placards, posters or signs unsightly, detrimental to the neighborhood or dangerous to traffic shall be erected in or on the streets, sidewalks or private property in the city. Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor. (Code 1963, Sec. 23-24; Ord. No. 2826, 6/28/83, Sec. 23)
Sec. 13-1-29 – Obstructing justice by threats or force.
(a) It shall be unlawful for any person, without just cause, knowingly to obstruct a judge, magistrate, juror, witness or any law enforcement officer in the performance of his duties, or to fail or refuse without just cause to cease such obstruction when requested to do so by such judge, magistrate, juror, witness or any law enforcement officer. Any person violating this subsection shall be guilty of a class 4 misdemeanor.
(b) It shall be unlawful for any person, by threats or by force, knowingly to attempt to intimidate or impede a judge, magistrate, juror, witness or any law enforcement officer, lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court. Any person violating this subsection shall be guilty of a class 1 misdemeanor. (Code 1963, Sec. 23-38; Ord. No. 3404, 9/16/89, Sec. 1)
Sec. 13-1-30 – Disorderly conduct.
(a) 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:
(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 or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words,
(2) willfully, or being intoxicated, whether willfully or not, disrupts any meeting of the city council or any department, agency, board or commission of this city, or of any school, literary society or place of religious worship, if this, disruption prevents or interferes with the orderly conduct of the meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, this disruption 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 this chapter.
(3) urinates or defecates in any public place or in any place open to the public or exposed to public view or upon the surface of the ground or upon any premises, lot or in any building, basement or in any public street, or into any standing water, stream or excavation or public place other than a proper toilet or portable toilet:
(4) causes, provokes, engages in or congregates with another or others for the purpose of engaging in any fight, brawl or riot so as to endanger the life, limb, health or property of another or public property wherever located;
(5) utters any lewd or obscene words or epithets in an unreasonably loud manner, or disturbs the public peace or quiet by loud and boisterous conduct. For purposes of this subsection, the term “loud and boisterous conduct” means an activity and noise of sufficient volume, intensity and duration so as to annoy or disturb unreasonably the comfort, health, welfare and environment, place or safety of persons in any office, dwelling, hotel or other type of residence, or of any person in the city.
(b) The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provisions of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.
(c) Anyone convicted of a violation of this section shall be guilty of a class 3 misdemeanor. (Code 1981, Sec. 13-1-30, as amended by Ord. No. 2534, 12/13/80; Ord. No. 2826, 6/28/83, Sec. 24; Ord. No. 3017, 2/23/85, Sec. 2)
Sec. 13-1-33 – Trespass after having been forbidden to do so.
(a) If any person shall, without authority of law, go upon or remain upon the lands 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, property manager or other person lawfully in charge of the property (hereinafter in this section referred to as the “owner” or “property owner”), or after having been forbidden to do so by a sign or signs posted by such owner 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 part, portion or area thereof at a place or places where it or they may be reasonably seen, he shall be guilty of a class 1 misdemeanor.
(b) The owner of real property may designate the Alexandria police department as a “person lawfully in charge of” the owner’s property, under subsection (a). With such a designation, the department, acting through its sworn officers, may forbid persons to go or remain upon all or any portion of the owner’s real property, including any building, structure or other premises located upon the property. Such designation must be in writing on a form provided by the chief of police. The designation shall include the following information:
(1) the name and signature of the property owner making the designation;
(2) the property owner’s residence address or, if the property owner is an entity, the owner’s principal place of business;
(3) the address of the property to which the designation applies;
(4) if the designation does not apply to all of the property, a description of the particular buildings, structures or other areas of the property to which the designation applies; and
(5) the inclusive dates during which the designation shall be in effect; provided, that a designation made pursuant to this section shall not be for a period greater than six months.
The written designation shall be kept on file in the police department for the duration of the designation. The designation may be rescinded at any time upon the written notice of the property owner.
(c) The written designation shall be a public record of the City of Alexandria, Virginia, and a copy of such written designation, when authenticated by the custodian thereof, shall be admissible in any trial for a violation of this section as prima facie evidence of the authority of the Alexandria police department to act under the provisions of this section as to the property for which the designation was made.
Sec. 13-1-36 – Mooring, tying up, etc., vessels to city property without city council’s permission; anchoring between pierhead line and city land without city council’s permission; penalties for violations.
(a) Except as hereinafter provided for breakdown, distress or emergency, it shall be unlawful for any person to moor, tie up, beach or land any boat, ship, yacht or other vessel in, on or along the Potomac River, in the City of Alexandria, Virginia, at, to or upon any dock, wharf, pier, bulkhead, dolphin, buoy, piling, quay, shoreline, street extension or landing that is owned, used, operated, occupied or claimed by the City of Alexandria, Virginia, without first obtaining the permission of the City Council of the City of Alexandria, Virginia, or, where authorization to grant the above has been delegated to the city manager or his designee, the permission of the city manager or his designee.
(b) Except as hereinafter provided for breakdown, distress or emergency, it shall be unlawful for any person to anchor any boat, ship, yacht or other vessel in any portion of the Potomac River in the City of Alexandria, Virginia, between the pierhead line and land to the west thereof that is owned, used, operated, occupied or claimed by the City of Alexandria, Virginia, without first obtaining the permission of the City Council of the City of Alexandria, Virginia, or, where authorization to grant the above has been delegated to the city manager or his designee, the permission of the city manager or his designee.
(c) In the event of breakdown, distress or emergency, persons may moor, tie up, beach, land or anchor vessels with respect to the above-mentioned city property for a period of time not to exceed 72 hours. No person shall allow any vessel to remain moored, tied up, beached, landed or anchored in excess of 24 hours without first obtaining the permission of the city manager or his duly authorized representative. In no event shall the city manager or his representative grant permission to remain in excess of 30 days.
(d) The city manager or his designee is hereby authorized to grant the permission required under subsections (a) or (b), above, the commercial vessels when the use of the city dock, wharf, pier, bulkhead, dolphin, buoy, piling, quay, shoreline, street extension or landing by any commercial vessel shall not exceed four times per month. The city manager is further authorized to make such reasonable rules and regulations as may be necessary to administer the provisions of this chapter. Commercial vessels that dock more than four times per month must continue to seek city council authority as specified in this section.
(e) Any person violating any provision of this section shall, upon conviction thereof, be guilty of a class 3 misdemeanor. Each day that such violation continues shall constitute a separate offense. (Code 1963, Sec. 23-48; Ord. No. 2826, 6/28/83, Sec. 26; Ord. No. 2994, 12/15/84, Sec. 1; Ord. No. 3123, 4/12/86, Sec. 1)
§ 13-1-37 – Public transit passenger vehicles, school buses, rail transit cars and rail transit stations—prohibited conduct.
(a) Definitions. The following words and phrases, when used in this section, shall have the following meanings:
(1) “Public transit passenger vehicle” means a passenger bus or other motor vehicle owned or operated by WMATA, the Alexandria Transit Company or the Fairfax Connector while the vehicle is transporting passengers in the city in regular route service or pursuant to a contract or charter agreement.
(2) “School bus” means a passenger bus or other motor vehicle owned or operated by the Alexandria city public schools while the vehicle is (i) transporting students to or from a school or school-related activities, or (ii) transporting passengers pursuant to a contract or charter agreement.
(3) “Rail car” means a passenger railroad car owned or operated by WMATA, Virginia Railway Express, AMTRAK or any other public or private corporation or organization that provides regularly scheduled rail passenger service to rail transit stations in the city.
(4) “Rail transit station” means a rail passenger terminal in the city at which rail cars stop periodically to pick up or discharge passengers.
(5) “AMTRAK” means the National Railroad Passenger Corporation, its successors in interest and all legal entities that provide rail passenger service to the general public under the corporate name “AMTRAK.”
(6) “DOT” means the paratransit passenger service operated by the city’s department of transportation and environmental services.
(7) “Fairfax Connector” means Ryder ATE, Inc., its successors in interest and all legal entities that provide public transit passenger vehicle service to the general public under the corporate name “Fairfax Connector.”
(8) “Virginia Railway Express” means the regularly scheduled rail passenger service operated jointly by the Potomac and Rappahannock Transportation Commission and the Northern Virginia Transportation Commission, their successors in interest and all legal entities that provide rail passenger service to the general public under the name “Virginia Railway Express.”
(9) “WMATA” means the Washington Metropolitan Area Transit Authority.
(b) It shall be unlawful for any passenger or occupant aboard a public transit passenger vehicle, school bus, rail car or DOT vehicle or for any person within any rail transit station or at any bus stop to:
(1) smoke or carry a lighted or smoldering pipe, cigar or cigarette, unless expressly permitted to do so by the operator or owner;
(2) consume food or drink, unless expressly permitted to do so by the operator or owner;
(3) expectorate;
(4) discard litter;
(5) play any radio, cassette recorder, compact disc player or other sound-generating device unless the device is connected to an earphone that limits the sound to the individual user;
(6) board any public transit passenger vehicle through the rear exit door unless directed to do so by an employee or agent of the carrier, with the exception of services utilizing off-board fare collection.
Any person convicted of violating this subsection (b) shall be guilty of a class 4 misdemeanor.
(c) It shall be unlawful for any passenger or occupant aboard a public transit passenger vehicle, school bus, rail car or DOT vehicle or for any person within any rail transit station or at any bus stop to:
(1) knowingly board a public transit passenger vehicle, rail car, or DOT vehicle without either paying the established fare or presenting a valid transfer or pass for such transportation;
(2) board a rail car or enter the paid area of the WMATA rail system without the farecard required for such entry;
(3) leave the paid area of the WMATA rail system after having traveled upon a rail car without having presented a valid farecard or otherwise paying the established fare; or
(4) refuse to pay the established fare on any public transit passenger vehicle, rail car or DOT vehicle, or at any rail transit station.
Any person who violates this subsection (c) shall be liable for a civil penalty in the amount of $100.
(d) It shall be unlawful for any passenger or occupant aboard a public transit passenger vehicle, school bus, rail car or DOT vehicle or for any person within any rail transit station to:
(1) carry any flammable liquids, live animals, birds, reptiles, explosives, acids or other hazardous materials, hazardous substances or hazardous waste, as those terms are defined in section 10.1-1400 of the Code of Virginia (1950), as amended, except for guide dogs properly harnessed and accompanied by passengers with disabilities, and small animals properly packaged;
(2) stand in front of the white line marked on the forward end of the floor of any public transit passenger vehicle or school bus, or otherwise engage in conduct which obstructs the vision of the operator of the vehicle or bus;
(3) climb through a window or extend an arm, leg or head out of a window of any public transit passenger vehicle or school bus, except when necessary to preserve the safety of any person under emergency conditions;
(4) without a reasonable belief that an emergency requires the immediate evacuation of a public transit passenger vehicle, school bus or rail car, impede the opening of, interfere or tamper with or otherwise obstruct the operation or use of any window, door or other emergency exit of any public transit passenger vehicle, school bus or rail car; or
(5) stop, impede, interfere with or tamper with an escalator or elevator within or adjacent to a rail transit station or any part of the apparatus of such an escalator or elevator, or use an escalator or elevator emergency stop button, unless such action is taken with the knowledge or the reasonable good faith belief that an emergency makes such action necessary to preserve and protect human life or valuable property; provided, that this subsubsection shall not apply when such action is taken by an employee, contractor or contract employee of a rail transit system pursuant to that person’s authorized duties or by a government employee or public safety official pursuant to that person’s official duties. Any person convicted of violating this subsection (d) shall, for a first conviction thereof, be guilty of a class 3 misdemeanor. Any person convicted of a second or subsequent violation of this subsection within 12 months of the first conviction shall be guilty of a class 2 misdemeanor.
(e) It shall be unlawful for any passenger or occupant aboard a public transit passenger vehicle, school bus or rail car, or for any person within any rail transit station in the city, to refuse to leave the bus, rail car or rail transit station after having been ordered to do so by the operator of the bus or rail car or by any other employee or agent of the operator or owner of the bus, rail car or rail transit station. Any person convicted of violating this subsection (e) shall be guilty of a class 1 misdemeanor. (Code 1963, Sec. 23-49; Ord. No. 2903, 2/25/84, Sec. 1; Ord. No. 3036, 5/18/85, Sec. 1; Ord. No. 3055, 6/15/85, Secs. 1, 2; Ord. No. 3448, 4/21/90, Sec. 1; Ord. No. 3478, 11/17/90, Sec. 1; Ord. No. 3908, 1/25/97, Secs. 1, 2; Ord. No. 4887, 6/14/14, Sec. 1)
Editorial Note: Ord. No. 3908, § 1, adopted January 25, 1997, repealed § 13-1-37 , which pertained to Washington Metropolitan Area Transit Authority buses, rail transit cars and rail transit stations, school buses and Alexandria Transit buses—prohibited conduct. Section 2 of said ordinance enacted provisions designated as a new § 13-1-37 , to read as herein set out.
Cross Reference: Smoking prohibitions, Title 11, Ch. 10.
Sec. 13-1-38 – Soliciting for immoral purposes prohibited.
It shall be unlawful for any person to solicit, invite, entice, persuade or address for the purposes of soliciting, inviting, enticing or persuading any person for the purpose of prostitution or any other immoral purpose. Soliciting, inviting, enticing or persuading for the purpose of prostitution includes, but is not limited to, remaining at or wandering about a public place; and one (1) repeatedly beckoning, repeatedly stopping, repeatedly attempting to stop, or repeatedly attempting to engage passersby in conversation; (2) stopping or attempting to stop motor vehicles; or (3) repeatedly interfering with the free passage of other persons for the purpose of prostitution. For the purposes of this section, “prostitution” means the engaging, agreeing to engage or offering to engage in sexual acts or contacts with another person in return for a fee or other thing of value, and “public place” means any street, sidewalk, bridge, alley, plaza, park, driveway, parking lot, transportation facility or the doorways and entranceways to any building which fronts on any of these locations, or a motor vehicle in or on any such place. In addition to any penalty provided by law, any person convicted of violating this section may be required by the court to submit to a physical examination by the department of health of the city, or any physician designated by the court, within 10 days and to report the results of such examination to the court within 20 days following such examination. (Ord. No. 2734, 11/13/82, Sec. 1)
Sec. 13-1-39 – Hours of operation for amusements and entertainments.
It shall be unlawful for any person to operate any amusement or entertainment specified in sections 9-1-53 and 9-1-82 of this code within 200 feet of the building line of any residence between the hours of 2:00 a.m. and 7:00 a.m. (Ord. No. 2811, 5/24/83, Sec. 1)
Sec. 13-1-40 – Metal detecting and digging on city property.
(a) Except as provided in subsections (b), (c) and (d), it shall be unlawful for any person, while located on city property, to:
(1) possess or use a mineral or metal detector or any other device or probe to search for objects in, on or below the surface of the soil;
(2) dig, excavate or in any other way disturb the surface of the soil;
(3) remove any object found in, on or below the surface of the soil.
(b) Notwithstanding the prohibitions in subsections (a)(1) and (a)(3), permission may be obtained from the director of the department of recreation, parks and cultural activities, or his designee, to use a metal detector on city property to locate and recover a specific item of personal property which has been lost by the person requesting such permission.
(c) Notwithstanding the prohibitions in subsection (a)(2), permission to dig on or excavate specific city property may be granted by the city manager, after review of and favorable recommendation on the request by the city archaeologist. Any objects found as a result of such permitted digging or excavation shall remain the property of the city. Any person receiving permission under this subsection shall, at the completion of the work, restore the city property to its previous condition.
(d) This section shall not apply to activities conducted by city employees during the course of their duties.
(e) Any person violating this section shall, upon conviction, be guilty of a class three misdemeanor. Each day that a violation continues or occurs shall constitute a separate offense. (Ord. No. 3355, 1/14/89, Sec. 1)
Sec. 13-1-41 – Panhandling.
(a) Definitions. The following words and phrases, when used in this section, shall have the following meanings:
(1) Aggressive manner means:
(i) approaching, speaking to or following a person in a manner that would cause a reasonable person to fear imminent physical injury, or the imminent commission of a criminal act upon the person or upon property in the person’s immediate possession;
(ii) touching another person without that person’s consent;
(iii) intentionally blocking or interfering by any means with the free passage of a person; or
(iv) engaging in any conduct with the intention of intimidating another person into giving money or goods to any person.
(2) Panhandle or panhandling means doing any of the following acts:
(i) begging, soliciting or asking for any item of value, monetary or otherwise;
(ii) attempting to sell or obtain compensation for an item or service for or in an amount that is at least twice its value, or an item or service that is already offered or available at no charge to the general public; or
(iii) attempting to sell or obtain compensation for an item or service under circumstances that would lead a reasonable person to conclude that the payment is in substance a donation.
(3) Public place means any street, sidewalk, alley, park, bridge, parking lot or other public property within the city, excluding any building or other structure, that is open to the general public;
(4) Travel lane means the portion of a public street over which motor vehicles travel.
(b) Prohibited acts. It shall be unlawful for any person while in the city:
(1) to panhandle in an aggressive manner in or on any public place;
(2) to panhandle in an aggressive manner in any public transportation vehicle, including busses and trains;
(3) to panhandle in an aggressive manner within any train, Metro or other mass transit station or in or on any sidewalk, roadway or parking lot serving any such station and under the control of the owner or operator of such station;
(4) to panhandle within 15 feet of any automatic teller machine; and
(5) to panhandle or, as a result of panhandling, to receive money or any other item of value, while standing or otherwise present in a travel lane, from any operator or occupant of a motor vehicle located in a travel lane.
(c) Any person convicted of violating this section shall be guilty of a class 3 misdemeanor. (Ord. No. 3716, 4/16/94, Sec. 1)
