Town of Vienna, Virginia Traffic & Criminal Laws and Penalties
Vienna is a Town in Virginia which enforces Virginia felony, misdemeanor, & traffic laws, in addition to Vienna local laws. Vienna local laws may be found here. The Town of Vienna Police Department enforces Vienna and Virginia laws through citations, summons, and arrest. Misdemeanors, traffic tickets, Reckless Driving citations, and DWI charges are prosecuted in the Vienna General District Court located at 127 South Center Street, Vienna, VA 22180. Felonies are prosecuted in the Fairfax County Circuit Court at 4110 Chain Bridge Road, Fairfax, VA 22030.
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Below is a list of Vienna local ordinances.
Sec. 10-2. – Attempts to commit violations of chapter.
Every person who attempts to commit an offense which is a violation of any of the sections of this chapter shall be confined in jail for a term not exceeding six months or fined an amount not exceeding $250.00, either or both; but in no event shall the punishment for such an attempt exceed the maximum punishment had the violation been committed.
(Code 1962, § 5-3; Code 1969, § 10-2; Ord. of 3-1966)
State Law reference— Similar state law as to statutes, Code of Virginia, §§ 18.2-27, 18.2-28.
Sec. 10-3. – Causing or encouraging children under 18 years to commit misdemeanors, etc.
(a) Any person 18 years of age or older, including the parent of any child, who willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in Code of Virginia, § 16.1-228; or engages in consensual sexual intercourse with a child age 15 years or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting Code of Virginia, §§ 18.2-18. 18.2-19, 18.2-61, 18.2-63, and 18.2-347.
(b) If the prosecution under this section is based solely on the accused parent having left the child at a hospital or rescue squad, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child’s life. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child’s safety.
(Code 1962, § 5-4; Code 1969, § 10-3; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-371.
Sec. 10-4. – Assault and battery.
(a) No person shall attempt or offer with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated.
(b) No person shall unlawfully and intentionally, or with culpable negligence, apply force to the person of another by a material agency, used directly or indirectly.
(Code 1962, § 5-24; Code 1969, § 10-4; Ord. of 3-1966)
Sec. 10-5. – Advertising matter; attaching to poles or trees.
It shall be unlawful for any person to tack or otherwise attach any advertising matter or other substance to any telephone, telegraph, or electric transmission pole or to any tree within the Town.
(Code 1962, § 5-23; Code 1969, § 10-5; Ord. of 3-1966)
Sec. 10-6. – Animal, aircraft, vehicle or boat; unauthorized use.
No person shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own, without the consent of the owner thereof and in the absence of the owner, and with intent temporarily to deprive the owner thereof of his possession thereof, without intent to steal the same. The consent of the owner of an animal, aircraft, vehicle, boat or vessel to its taking, driving or using shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking, driving or using of such animal, aircraft, vehicle, boat or vessel by the same or a different person. Any person who assists in, or is a party or accessory to, or an accomplice in, any such unauthorized taking, driving or using shall be subject to the same punishment as if he were the principal offender.
(Code 1962, § 5-38; Code 1969, § 10-6; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-102.
Sec. 10-7. – Concealment of merchandise on premises of store—Generally.
Whoever, without authority, with the intention of converting goods or merchandise to his own or another’s use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200.00, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200.00 or more, shall be guilty of grand larceny. 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.
(Code 1962, § 5-26; Code 1969, § 10-7; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-103.
Sec. 10-9. – Fences and gates; pulling down or leaving open.
No person, without the permission of the owner, shall pull down the fences of another and leave the same down, or without permission, open and leave open the gate of another, or any gate across a public road established by order of court. No person other than the owner of the lands through which a line of railroad runs shall open and leave open a gate at any public or private crossing of the right-of-way of a railroad. Violation of this section is a Class 4 misdemeanor.
(Code 1962, § 5-39; Code 1969, § 10-9; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-143.
Sec. 10-10. – Fill material; use of certain items prohibited.
(a) It shall be prohibited to use materials such as tree stumps, brush, prunings, lumber or other undecomposed organic matter or scrap metal or scrap paper or other materials definable as trash, garbage or undecomposed waste material, for fill material any place other than officially designated fills.
(b) It is the intent of this section to prevent the use of such materials in fills, other than officially designated fills, as may subsequently rot, decay, rust, or otherwise decompose and result in abnormal settling or cave-ins or may prevent the timely use of lands thus filled or may result in eventual hazard to health, life, limb or property.
(c) Any person who violates this section shall, in addition to any other penalty imposed under this Code, be liable for the removal and disposal of the prohibited fill material and proper refilling, or the cost thereof.
(Code 1962, § 5-41; Code 1969, § 10-10; Ord. of 3-1966)
Sec. 10-11. – Fire apparatus; interfering or tampering with prohibited.
It shall be unlawful for any person to interfere or tamper with firefighting equipment owned and maintained by any person.
(Code 1962, § 5-32; Code 1969, § 10-11; Ord. of 3-1966)
Sec. 10-12. – Garage keeper; defrauding.
A person shall be guilty of a Class 2 misdemeanor if he:
1. Stores a motor vehicle, boat or other watercraft with any person engaged in the business of conducting a garage, marina, watercraft dealership or other facility for the storage of motor vehicles, boats or other watercraft, furnishing of supplies to motor vehicles, boats or other watercraft, or alteration or repair of motor vehicles, boats or other watercraft, and obtains storage, supplies, alterations or repairs for such motor vehicle, boat or other watercraft, without having an express agreement for credit, or procures storage, supplies, alterations or repairs on account of such motor vehicle, boat or other watercraft so stored, without paying therefor, and with the intent to cheat or defraud the owner or keeper of the garage, marina or boat repair facility;
2. With such intent, obtains credit at the garage, marina, watercraft dealership or boat repair facility for such storage, supplies, alterations or repairs through any misrepresentation or false statement; or
3. With such intent, removes or causes to be removed any such motor vehicle, boat or other watercraft from any such garage, marina, watercraft dealership or boat repair facility while there is a lien existing thereon for the proper charges due from him for storage, supplies, alterations or repairs furnished thereon, in accordance with the provisions of Code of Virginia, § 43-32, 43-33, 46.2-644.01, or 46.2-644.02.
(Code 1962, § 5-28; Code 1969, § 10-12; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-189.
Sec. 10-13. – Goods delivered for selection or approval; failure to pay for or return.
No person shall solicit and obtain from any licensed merchant any goods, wares or merchandise for examination or approval, and shall thereafter, upon written demand, refuse or fail to return the same to such merchant in unused condition, or to pay for the same. The provisions of this section shall not apply unless such written demand is made within five days after delivery, and unless the goods, wares or merchandise shall have attached to them or to the package in which they are contained a label, card or tag containing the words “Delivered for selection or approval.”
(Code 1969, § 10-13)
State Law reference— Similar state law, Code of Virginia, § 18.2-116.
Sec. 10-14. – Hired animals, vehicles, or other property or equipment; injuring; procuring with intent to defraud.
(a) No person, after having rented or leased from any other person an animal, vehicle, boat or vessel, shall willfully injure or damage the same by hard or reckless driving or using, or by using the same in violation of any state statute, or allow or permit any other person so to do, or hire the same to any other person without the consent of the bailor. Violation of this subsection constitutes a Class 3 misdemeanor.
(b) No person shall procure any such animal, aircraft, vehicle, boat or vessel by fraud or by misrepresenting himself as some other person or with intent to cheat or defraud such other person. The failure to pay the rental for or damage to such property or absconding without paying such rental or damage, shall be prima facie evidence of the intent to defraud at the time of renting or leasing such property. Violation of this subsection constitutes a Class 1 misdemeanor.
(Code 1962, § 5-31; Code 1969, § 10-14; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, §§ 18.2-149, 18.2-206.
Sec. 10-15. – Hotels, motels, boardinghouses, etc.; defrauding.
(a) It shall be unlawful for any person, without paying therefor, and with the intent to cheat or defraud the owner or keeper to:
1. Put up at a hotel, motel, campground or boardinghouse;
2. Obtain food from a restaurant or other eating house;
3. Gain entrance to an amusement park; or
4. Without having an express agreement for credit, procure food, entertainment or accommodation from any hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park.
(b) It shall be unlawful for any person, with intent to cheat or defraud the owner or keeper out of the pay therefor to obtain credit at a hotel, motel, campground, boardinghouse, restaurant or eating house for food, entertainment or accommodation by means of any false show of baggage or effects brought thereto.
(c) It shall be unlawful for any person, with intent to cheat or defraud, to obtain credit at a hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park for food, entertainment or accommodation through any misrepresentation or false statement.
(d) It shall be unlawful for any person, with intent to cheat or defraud, to remove or cause to be removed any baggage or effects from a hotel, motel, campground, boardinghouse, restaurant or eating house while there is a lien existing thereon for the proper charges due from him for fare and board furnished.
(e) Any person who violates any provision of this section shall, if the value of service, credit or benefit procured or obtained is the value is less than $200.00, it is a Class 1 misdemeanor. This section applies only to a violation of this section concerning a value of less than $200.00.
(Code 1962, § 5-29; Code 1969, § 10-15; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-188.
Sec. 10-19. – Money or signature, etc.; obtaining by false pretense.
No person shall obtain, by any false pretense or token from any person with intent to defraud, money or other property which may be the subject of larceny; or by any false pretense or token with such intent, the signature of any person to a writing.
(Code 1969, § 10-19)
Sec. 10-20. – Nuisances—Maintaining prohibited.
It shall be unlawful for any person to create or maintain within the Town anything which is deemed a nuisance under common law or state law. The court may, in addition to any other penalty under this Code, order the nuisance to be abated or removed, prescribing the time within which such order shall be executed. Should the nuisance not be abated or removed in accordance with the court’s order, the offending person shall be fined for each day that such nuisance shall thereafter continue, and the court may cause such nuisance to be abated or removed at the cost of the offending person.
(Code 1962, § 5-34; Code 1969, § 10-20; Ord. of 3-1966)
Sec. 10-20.1. – Same—Noise.
(a) It is declared as a matter of legislative determination and public policy that the making, creation or maintenance of excessive, unnecessary or unusual loud noises, unusual and unnatural in their time and place and which disturb the usual peace, quietude, tranquility and normal enjoyable use of any residential area are detrimental to the public health, safety, convenience, welfare and prosperity of the residents of the Town of Vienna and constitute a public nuisance.
(b) Any person, firm or corporation which permits, allows or suffers any such excessive, unnecessary, loud or unusual noise or noises as referred to in subsection 10-20.1(a) above, to emanate from his property or place of business so as to disturb the usual peace, quietude, tranquility and normal enjoyable use of any residence or residences in the Town shall be guilty of a civil offense with a penalty of $250.00 for the first offense and $500.00 for each subsequent offense. This section shall not apply to noise generated in connection with a business conducted on property zoned CM or CMP.
(c) In addition to any other excessive, unnecessary or unusually loud noises as referred to in subsection 10-20.1(a) above, and not to the exclusion of such, the following acts are specifically declared to be excessive, unnecessary and unusually loud noises, unusual and unnatural in their time and place and disturbing to the usual peace, quietude, tranquility and normal enjoyable use of residential area; are detrimental to public health, safety, and welfare of the residents of the Town of Vienna, and constitute a public nuisance:
(1) The loading or unloading of commercial vehicles within 300 feet of any residence between the hours of 11:00 p.m. and 6:00 a.m. Monday through Saturday, or between 11:00 p.m. and 8:00 a.m. on Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day;
(2) The repair, collection from, or servicing of any trash or garbage compaction, processing, or disposal equipment located on the exterior of any building between the hours of 11:00 p.m. and 7:00 a.m. within 300 feet of any residence, or between 11:00 p.m. and 8:00 a.m. on Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day;
(3) The erection (including excavation), demolition, alteration, or repair, and any and all activity necessary or incidental thereto, of any building between 8:00 p.m. and 7:00 a.m., Monday through Friday or between 8:00 p.m. and 9:00 a.m. on Saturday, Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day; and except during any emergency caused necessity to protect the public health and safety as determined by the director of public works, chief of police, Town Manager or his/her designee, Fairfax County Building Inspector, or Fairfax County Fire Marshal or his/her designee. Notwithstanding the foregoing, no contractor or person performing the activities listed above for remuneration shall be permitted to engage in such activity on Sunday;
(4) The operation between the hours of 8:00 p.m. and 7:00 a.m., or between 8:00 p.m. and 9:00 a.m. on Saturday, Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day of any pile driver, hammer, chain saw, steam, diesel, or gasoline powered shovel, derrick or hoist, lawnmowers, lawn maintenance equipment, or other equipment, the use of which is attended by loud and unusual noise, except during any emergency caused necessity to protect the public health and safety as determined by the director of public works, chief of police, Town Manager or his/her designee, Fairfax County Building Inspector, or Fairfax County Fire Marshal or his/her designee. The time limitations for Saturday, Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day shall not apply to usual and customary maintenance activities associated with recreational uses as defined in Town Code section 18-4. Notwithstanding the foregoing, no contractor or person performing the activities listed above for remuneration, except when it relates to a recreational use, shall be permitted to engage in such activity on Sunday;
(5) The operation of any propulsion engine of a commercial motor vehicle for more than three minutes when the vehicle is parked, left unattended, or is stopped for other than traffic or maintenance reasons;
(6) The operation of internal combustion powered refrigeration equipment on trucks, trailers or other vehicles between the hours of 11:00 p.m. and 7:00 a.m. when the same are parked for more than ten minutes.
(d) Any person, firm or corporation which permits, allows or suffers any such acts set forth in subsection 10-20.1(c) shall be guilty of maintaining a public nuisance and, upon conviction thereof, shall be punished as provided in section 10-20 of this Code.
(Code 1969, § 10-20.1; Ord. of 12-5-1977; Ord. of 2-25-1991; Ord. of 3-2008; Ord. of 6-6-2011(2), § 1)
Sec. 10-21. – Peeping or spying through windows, etc., prohibited.
(a) It shall be unlawful for any person to enter upon the property of another and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant’s reasonable expectation of privacy.
(b) It shall be unlawful for any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or female breast, and the circumstances are such that the person would otherwise have a reasonable expectation of privacy.
(c) The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving a person committed to the department of corrections or to a local or regional jail.
(d) As used in this section, the term “peephole” means any hole, crack or other similar opening through which a person can see.
(e) A violation of this section is a Class 1 misdemeanor.
(Code 1962, § 5-35; Code 1969, § 10-21; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-130.
Sec. 10-22. – Petit larceny.
Any person who commits larceny from the person of another of money or other thing of value of less than $5.00, or commits simple larceny not from the person of another of goods and chattels of the value of less than $200.00, except as provided in Code of Virginia, § 18.2-95(iii), shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
(Code 1962, § 5-36; Code 1969, § 10-22; Ord. of 3-1966; Ord. of 3-1967)
State Law reference— Similar state law, Code of Virginia, § 18.2-96.
Sec. 10-23.1. – Tampering with traffic signals.
Any person found guilty of removing, taking, tampering with, destroying, altering, defacing, or damaging any sign or signal erected to control the flow of vehicular traffic on the public streets or highways of the Town shall be fined not less than $100.00, nor more than $1,000.00.
(Code 1969, § 10-23.1; Ord. of 8-17-1970)
Sec. 10-24. – Property or credit; making false statements to obtain.
No person shall knowingly make or cause to be made, either directly or indirectly, or through any agency, any false statement in writing with intent that it shall be relied upon, concerning the financial condition or means or ability to pay of himself or any other person for whom he is acting, or any firm or corporation in which he is interested or for which he is acting, for the purpose of procuring for his own benefit or for the benefit of such person, the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of credit, the discount of an account receivable or the making, acceptance, discount, sale or endorsement of a bill of exchange or promissory note; or, knowing that a false statement in writing concerning the financial condition or ability to pay of himself or of any such person has been made, procures with like intent, upon the faith thereof, for his own benefit, or for the benefit of such person, any such delivery, payment loan, credit, extension, discount making, acceptance, sale or endorsement, and fails to pay for such loan, credit or benefit so procured.
(Code 1969, § 10-24)
Sec. 10-25. – Stolen goods; receiving and buying.
If any person buys or receives from another person, or aids in concealing any stolen goods or other things with an aggregate value of less than $200.00, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender is not convicted.
(Code 1962, § 5-25; Code 1969, § 10-25; Ord. of 3-1966)
Sec. 10-26. – Telephone, telegraph, telecasting or lighting equipment; interfering or tampering with prohibited.
It shall be unlawful for any person willfully or maliciously to interfere with, or in any way tamper with, any telephone or telegraph wire or other material or property of any telephone, telegraph or telecasting company, or with any of the lights, electric wires or other apparatus or property used in the lighting of the Town.
(Code 1962, § 5-33; Code 1969, § 10-26; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-119.
Sec. 10-27. – Trespass—Generally.
It shall be unlawful for any person without authority of law or without permission of the owner, lessee, custodian or other person lawfully in charge or possession of land, to go upon or remain upon or cross over the lands or premises of another.
(Code 1962, § 5-40; Code 1969, § 10-27; Ord. of 3-1966; Ord. of 7-1966)
Sec. 10-28. – Same—After having been forbidden to do so.
(a) No person shall without authority of law go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign posted on such lands, buildings, premises or part, portion or area thereof at a place where it may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Code of Virginia, § 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or 19.2-152.10, or an ex parte order issued pursuant to Code of Virginia, § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of Code of Virginia, §§ 18.2-132—18.2-136.
(b) Any owner of real property may, in writing on a form prescribed by the chief of police, designate the Police Department of the Town as a “person lawfully in charge thereof” as those terms are used in subsection (a) of this section, for the purpose of forbidding another to go or remain upon the lands, buildings or premises of such owner. Such designation shall include a legal address, detailed description of the land, building, or premises to which it applies; shall be signed by a person who can demonstrate that he is the owner of the property, or is legally authorized to act for the property owner; shall include a provision holding the Town harmless and indemnifying the Town for any claims arising from or in connection with the enforcement of this section; and shall be kept on file in the office of the chief of police or in such other location within the Police Department as the chief of police deems appropriate.
(c) A property owner’s designation of the Police Department of the Town as a person lawfully in charge of the owner’s property becomes effective when the chief of police or his designee delivers in person or mails to the property owner a copy of the property owner’s designation which has been signed by the chief of police or his designee. A copy of the designation signed by the chief of police or his designee shall be kept on file as described in subsection (b) of this section. The decision whether to accept any designation is solely within the discretion of the chief of police or his designee, who may base his decision on such factors including, but not limited to, resource levels of the Police Department and the proper allocation of resources.
(d) Either the property owner or the chief of police or his designee may rescind or reject the designation of the Police Department of the Town as a person lawfully in charge of the owner’s property totally, partially or temporarily at any time by written notification, which notification shall be kept on file with the property owner’s designation as described in subsection (b) of this section.
(e) Such designation of the Police Department “as a person lawfully in charge” of the property shall be limited to the sole purpose of enforcing this section.
(f) In any prosecution under this section, a certified copy of the property owner’s designation of the Police Department of the Town as a person lawfully in charge of the property, along with a certified copy of attestation by the chief of police or his designee that the chief of police or his designee has accepted the designation; the designation has not been rescinded by the property owner or rejected by the chief of police or his designee; and the designation is in writing and on file in the office of the chief of police or in such other location within the Police Department as the chief of police deems appropriate, shall be admissible in any court in a prosecution under this section as evidence of the facts therein stated, without proof of seal of signature of the person whose name is signed to it.
(g) This section shall not be construed to affect in any way the provisions of Code of Virginia, §§ 29-165 to 29-170.
(Code 1962, § 5-40; Code 1969, § 10-28; Ord. of 3-1966; Ord. of 9-2005)
Sec. 10-28.1. – Unlawful use of public right-of-way or other property.
(a) It shall be unlawful for any person, firm, association, organization or corporation to erect, place, maintain or cause to be placed, erected or maintained, any sign, notice or advertisement of any kind in or on any public right-of-way or other public property in the Town.
(b) This section shall not be interpreted to apply to signs installed by governmental authority as otherwise provided by law and which signs serve a public purpose.
(Code 1969, § 10-28.1; Ord. of 2-28-1983)
Sec. 10-28.2. – Improper use of streets and other public property.
Any person occupying or using any of the streets, avenues, parks, bridges or any other public places or public property or any public easement of any description within the Town, in a manner not permitted to the general public, without having first legally obtained the consent of the Town shall be guilty of a Class 4 misdemeanor. Each day’s continuance thereof shall be a separate offense. Such occupancy or use shall be deemed a nuisance. The court trying the case may cause the nuisance to be abated and commit the offenders and all their agents and employees engaged in such offenses to jail until the order of the court is obeyed.
(Code 1969, § 10-28.2; Ord. of 5-12-2003)
Sec. 10-29. – Waterworks and sewage collection and disposal facilities; injuring, defacing, etc.
No person shall injure or deface any sewage disposal facility, pump station or any house, wall, stopcock, fireplug, or any other fixture connected with or pertaining to any waterworks, or sewage facility, without lawful authority, climb over or get through the enclosure around such facility and waterworks, or place any building material or other thing on the stopcock or other fixture of a street water main or other service pipe so as to obstruct access thereto, or remove or injure any pipe, fireplug, hydrant, or stopcock, or use water from the waterworks for any other purpose for which he has not obtained permission.
(Code 1962, § 5-42; Code 1969, § 10-29; Ord. of 3-1966)
Sec. 10-30. – Wells or pits; filling before abandonment; duty of owners of land.
Any person who has dug or has caused to be dug, or shall cause to be dug on his own land or the land of another, any well or pit shall fill such well or pit with earth before such well or pit is abandoned. Any person owning or in possession of land whereon any well or pit is located shall fill with earth any such well or pit which has been abandoned.
(Code 1962, § 5-43; Code 1969, § 10-30; Ord. of 3-1966)
Sec. 10-32. – Bawdy place—Residing in or frequenting.
It shall be unlawful for any person to frequent, reside in or at or visit for illegal purposes, any bawdy place. As used in this section and in section 10-33, the term “bawdy place” means any place within or without any building or structure which is used or is to be used for lewdness, assignation or prostitution.
(Code 1962, § 5-5; Code 1969, § 10-32; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-347.
Sec. 10-33. – Same—Keeping.
It shall be unlawful for any person to keep any bawdy place, or, with knowledge or reason to believe the same is to be used for illegal purposes, any place where persons may meet for the purpose of prostitution or unlawful sexual intercourse in the Town. In a prosecution for this offense, the general reputation of the place may be provided.
(Code 1962, § 5-15; Code 1969, § 10-33; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-347.
Sec. 10-33.1. – Massage parlor, bath parlor or health club—Generally.
It shall be unlawful to operate any establishment in the Town public or private as a massage parlor, bath parlor or health club or similar type business where those administering the service or treatment provided therein administer such service or treatment to a person of the opposite sex. Any person violating the provisions of this section shall be guilty of a misdemeanor.
(Code 1969, § 10-33.1; Ord. of 5-24-1971)
Sec. 10-33.1.1. – Same—Illegal purposes.
It shall be unlawful for any person acting as or employed as a massagist or in massage parlor or public baths to massage other persons or give or administer baths or other things in a manner that would or is intended to arouse, appeal to or gratify lust, passion, sexual desires or prurient interest of a person. Any person violating the provision of this section shall be guilty of a misdemeanor.
(Code 1969, § 10-33.1.1; Ord. of 5-24-1971)
Sec. 10-33.1.2. – Nude or indecent posing.
(a) It shall be unlawful to operate any establishment, whether public or private facility, as a studio, club or similar type business where nude or indecently attired models are provided, to be photographed, sketched, or painted. Any person violating the provisions of this section shall be guilty of a misdemeanor; and in addition to such penalty, it shall be the duty of the Town Manager to revoke the license of the owner or manager of the establishment wherein the provisions of this section shall have been violated.
(b) Violations of sections 10-33.1, 10-33.1.1, and subsection (a) of this section, upon conviction, shall be punished by a fine of no less than $25.00 or more than $500.00 or no less than ten days or more than one year in the county jail, or both.
(Code 1969, § 10-33.1.2; Ord. of 5-24-1971)
Sec. 10-34. – Drunkenness.
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. In any area in which there is located 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.
(Code 1969, § 10-34; Ord. of 5-2004)
Sec. 10-35. – Indecent exposure.
Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present.
(Code 1962, § 5-9; Code 1969, § 10-35; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-387.
Sec. 10-40. – Pneumatic guns, slingshots, etc.—Use prohibited.
No person shall use any instrument for projecting missiles likely to do injury to persons or property, such as a pneumatic gun, slingshot, grit shooter, bow and arrow, etc., in the Town. The provisions of this section shall not apply to instruction given under the control of personnel specifically authorized in writing by the Town Manager to perform such instruction. Additionally, the provisions of this section shall not apply to pneumatic guns at facilities approved for shooting ranges; on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
Supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 shall be required in all uses of pneumatic guns on private or public property. Minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. All minors, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use of pneumatic guns. A violation of any pneumatic gun offense set forth in this section shall constitute a Class 3 misdemeanor.
As used in this section, “pneumatic gun ” means any implement, designed as a gun, that will expel a BB or a pellet by action or pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(Code 1962, § 5-16; Code 1969, § 10-40; Ord. of 3-1966; Ord. of 7-2-2012(1))
Sec. 10-41. – Disorderly conduct.
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:
(a) In any street, highway, public building, or while in or on a public conveyance, or public place in the Town, engages in conduct having a direct tendency to cause acts of violence by the person at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter;
(b) Willfully or being intoxicated, whether willfully or not, disrupts any meeting of the Town Council or any board, commission, or committee of the Town government, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter; or
(c) Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption prevents or interferes with the orderly conduct of the operation or activity, or has a direct tendency to cause acts of violence by the person at whom, individually, the disruption is directed. The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this section with the aid, if necessary, of any persons who may be called upon for such purpose.
Any person violating any provision of this section shall be guilty of a Class 1 misdemeanor.
(Code 1969, § 10-41; Ord. of 2-1977; Ord. of 5-10-1982)
Sec. 10-41.2. – Punishment for using abusive language to another.
If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor.
(Code 1969, § 10-41.2; Ord. of 2-1977)
Sec. 10-42. – Disturbing public assemblies.
It shall be unlawful for any person in the Town willfully to interrupt any assembly, meeting for the worship of God, or other meeting of persons lawfully assembled in any public building or place, or to disturb the same.
(Code 1962, § 5-19; Code 1969, § 10-42; Ord. of 3-1966)
Sec. 10-43. – Firearms; discharge prohibited; exceptions.
It shall be unlawful for any person in the Town to willfully fire or discharge any gun, pistol or other firearms except in a shooting gallery constructed and operated in accordance with the design criteria and specifications of the National Rifle Association as set forth in the NRA Range Source Book, and further, except where such firing or discharging is done with the written permission of the Town Manager and under the supervision of properly authorized Town personnel. This section shall not apply to any law enforcement officer in the performance of his official duties nor to any other person whose act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law. This prohibited discharge of firearms shall not apply to the killing of deer pursuant to Code of Virginia, § 29.1-529 on land of at least five acres that is zoned for agricultural use.
(Code 1962, § 5-20; Code 1969, § 10-43; Ord. of 3-1966)
Sec. 10-44. – Creation or continued excessive noise.
(1) The creation and continuation of any excessively loud, disturbing noise is a serious hazard to the public health, safety and welfare in the Town and the following are hereby prohibited:
(a) Operating, playing or permitting the operation or playing of any radio, amplifier, television, record, tape or compact disc player, drum, musical instrument or similar device between the hours of 11:00 p.m. and 8:00 a.m. Friday, Saturday or the day preceding a federal holiday, and between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday in such manner as to permit sound to be heard across a residential real property boundary or when the sound source is located within or on the grounds of a dwelling complex in such manner as to permit sound to be heard within any dwelling unit of the dwelling complex other than a dwelling unit from which such sound emanates; or
(b) When the sound source is located within or upon a motor vehicle on or upon public right-of-way or public property or on the grounds of a dwelling complex and the sound can be heard more than 50 feet from its source.
(2) Nothing contained herein is intended to prevent usual and customary noise incident to regularly scheduled school activities, parades and the like which may be authorized under this Code.
(Code 1962, § 5-21; Code 1969, § 10-44; Ord. of 3-1966; Ord. of 12-20-2010, § 1)
Sec. 10-45. – Weapons; carrying concealed prohibited.
(a) If any person carries about his person, hidden from common observation:
(i) Any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack;
(ii) Any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain;
(iii) Any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or
(iv) Any weapon of like kind as those enumerated in this subsection (a);
he shall be guilty of a misdemeanor. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon’s true nature.
(b) This section shall not apply to persons who are exempt from Code of Virginia, § 18.2-308(A).
(Code 1969, § 10-45; Ord. of 1-1988)
State Law reference— State law as to carrying concealed weapons, Code of Virginia, § 18.2-308.
Sec. 10-45.1. – Pointing or brandishing firearm or object similar in appearance.
(a) It shall be unlawful for any person to point, or brandish any firearm, as hereinafter described, or any object similar in appearance to a firearm, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(b) Any police officer in the performance of his duty in making an arrest under the provisions of this section shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, or brandishing such firearm, or object which was similar in appearance to a firearm, with intent to induce fear in the mind of another.
(c) For purposes of this section, the term “firearm” means any weapon in which ammunition may be used or discharged, by explosion, or pneumatic pressure. The term “ammunition” means cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
(Code 1969, § 10-45.1; Ord. of 1-1988)
Sec. 10-46. – Obstructing free passage of others.
Any person who in any public place or on any private property open to the public unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such public place or private property and who shall fail or refuse to cease such obstruction or move on when requested to do so by the owner or lessee or agent or employee of such owner or lessee, or by a duly authorized law enforcement officer, shall be guilty of a misdemeanor. Nothing in this section shall be construed to prohibit lawful picketing.
(Code 1969, § 10-46)
Sec. 10-47. – What constitutes riot, rout or unlawful assembly.
Whenever three or more persons assembled share the common intent to advance some lawful or unlawful purpose by the commission of an act or acts of unlawful force or violence likely to jeopardize seriously public safety, peace or order, and the assembly actually tends to inspire persons of ordinary courage with well-grounded fear of serious and immediate breaches of public safety, peace or order, then such assembly is an unlawful assembly. Every person who participates in any unlawful assembly shall be guilty of a Class 1 misdemeanor. This section is not applicable if any such person carried, at the time of his participation in an unlawful assembly, any firearm or other deadly or dangerous weapon.
Sec. 10-49. – Participating in rout or unlawful assembly.
Every person who participates in any rout or unlawful assembly shall be guilty of a misdemeanor.
(Code 1969, § 10-49)
Sec. 10-50. – Remaining at place of riot, rout or unlawful assembly after warning to disperse.
Every person, except public officers and persons assisting them, remaining present at the place of any riot, rout or unlawful assembly after having been lawfully warned to disperse, shall be guilty of a Class 3 misdemeanor.
(Code 1969, § 10-50)
Sec. 10-51. – Commission, etc., of act amounting to riot at lawful assembly.
When three or more persons assemble for a lawful purpose and afterwards proceed to commit or attempt or threaten to commit an act which would amount to rout or riot if it had been the original purpose of the meeting, every person, except public officers and persons assisting them, who does not retire when the change of purpose is made known, shall be guilty of a misdemeanor.
(Code 1969, § 10-51)
Sec. 10-52. – Resisting or obstructing execution of legal process.
Every person acting jointly or in combination with any other person to resist or obstruct the execution of any legal process shall be guilty of a Class 1 misdemeanor.
(Code 1969, § 10-52)
Sec. 10-58. – Disposition of fines; payment of costs.
All fines imposed for the violation of this division shall be paid to and retained by the Town, and the commonwealth shall not be chargeable with any costs in connection with any prosecution for the violation of this division.
(Code 1969, § 10-58)
Sec. 10-59. – Obstructing justice by threats or force.
A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the commonwealth, witness, or any law-enforcement officer in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the commonwealth, witness, or law-enforcement officer, he shall be guilty of a Class 1 misdemeanor.
B. If any person, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the commonwealth, 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, he shall be deemed to be guilty of a Class 1 misdemeanor.
C. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer who is in the course of conducting an investigation of a crime by another is guilty of a Class 2 misdemeanor.
(Code 1969, § 10-59; Ord. of 3-20-1995; Ord. of 11-18-2002)
State Law reference— Similar state law, Code of Virginia, § 18.2-460.
Sec. 10-60. – Officers—Making false entries or destroying records.
No clerk of the court or other public officer shall 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. Any person convicted under this section shall be guilty of a Class 1 misdemeanor, shall forfeit his office and be forever incapable of holding any office of honor, profit or trust in the government of the Town and under the Constitution of Virginia.
(Code 1962, § 5-45; Code 1969, § 10-60; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-472.
Sec. 10-61. – Same—Refusing to obey.
It shall be unlawful for any person to refuse to obey a lawful order of a police officer of the Town.
(Code 1962, § 5-47; Code 1969, § 10-61; Ord. of 3-1966)
Sec. 10-62. – Same—Unlawful wearing of uniform.
A. No person, not an officer as is referred to in Code of Virginia, § 19.2-78, shall wear any uniform customarily worn by Town police officers, nor such uniform as is designated pursuant to the provisions of Code of Virginia, § 19.2-78, or wear an insignia or markings containing the seal of the commonwealth or the insignia of any such officer’s uniform, nor shall any person not such an officer, or not authorized by such officer, or not authorized by the military police of the armed forces or of the National Guard, or not authorized by the military police of other governmental agencies, use or cause to be used on the public roads or highways of the commonwealth, any motor vehicle bearing markings with the word “police” shown thereon.
B. The prohibition against wearing an insignia or markings containing the seal of the commonwealth or this Town shall not apply to any certified firefighter or to any certified or licensed emergency medical personnel. Any violation of this section shall be a Class 1 misdemeanor.
(Code 1962, § 5-50; Code 1969, § 10-62; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-175.
Sec. 10-64. – Warrants, processes, writs, etc.; simulation.
No person, for the purpose of collecting money, shall knowingly deliver mail, send or otherwise use or cause to be used any paper or writing simulating or intended to simulate any warrant, process, writ, notice of execution, lien or notice of motion for judgment. Violation of this section is a Class 4 misdemeanor.
(Code 1962, § 5-48; Code 1969, § 10-64; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-213.
Sec. 10-65. – Ambulance, police or firefighting apparatus—summoning without just cause.
It shall be unlawful for any person without just cause therefor to call or summon, by telephone or otherwise, any ambulance, police or firefighting apparatus, or for any person to maliciously activate 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 firefighting apparatus responds or not.
(Code 1962, § 5-52; Code 1969, § 10-65; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-212.
Sec. 10-65.1. – Automatic dialing device; restriction on use.
(a) It shall be unlawful for any person to install or operate an automatic dialing device which is programmed to transmit a prerecorded message or code signal directly to the county emergency operations center by the 911 Emergency Recording System approved by the Town.
(b) All automatic dialing devices which are installed and programmed to transmit a message or code signal directly to the county emergency operations center by the 911 Emergency Recording System shall be reprogrammed or disconnected. The user shall be responsible for said reprogramming or disconnection.
(Code 1969, § 10-65.1; Ord. of 1-4-1982)
Sec. 10-66. – Billiard parlors, skating rinks, bowling alleys, etc.; hours of operation; gambling, etc, prohibited on premises; presence of persons under 18 prohibited.
A. All billiard parlors, skating rinks, bowling alleys and other similar places of amusement in the Town may be operated only between the hours of 8:00 a.m. and 12:00 midnight on weekdays, and 1:00 p.m. to 12:00 midnight on Sunday.
B. No gambling, betting, drinking, profane language or any disorderly conduct whatsoever shall be allowed in any room in which pool or billiard tables are kept, or in other similar places of amusement in the Town.
C. It shall be unlawful for any person under the age of 18 years to frequent, play or loiter in any poolroom or billiard parlor in the Town, or for the proprietor thereof or his agent to permit such person to frequent, play or loiter therein.
(Code 1962, § 5-51; Code 1969, § 10-66; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, §§ 18.2-432, 18.2-433.
Sec. 10-67. – False publications.
It shall be unlawful for any person knowingly and willfully to state, deliver or transmit by any means whatsoever to any publisher, or employee of a publisher, to any newspaper, magazine or other publication, any false and untrue statement concerning any person with intent that the same shall be published.
(Code 1962, § 5-53; Code 1969, § 10-67; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-209.
Sec. 10-68. – False reports to police officers.
It shall be unlawful for any person knowingly to give a false report as to the commission of any offense to any law enforcement official with intent to mislead.
(Code 1962, § 5-54; Code 1969, § 10-68; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-461.
Sec. 10-71. – Iceboxes, refrigerators, etc.; abandonment.
A. It shall be unlawful for any person to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than two cubic feet of clear space, without first removing the doors or hinges from such icebox, refrigerator, container, device or equipment.
B. This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped, or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.
C. A violation of this section is punishable as a Class 3 misdemeanor.
(Code 1962, § 5-44; Code 1969, § 10-71; Ord. of 3-1966)
State Law reference— Similar state law, Code of Virginia, § 18.2-319.
Sec. 10-76. – Town employees; political activity.
A. It shall be unlawful for any person employed by the Town, in any agency or department thereof, to use his official authority or influence for the purpose of interfering with an election or affecting the result thereof. No appointive officer or employee of the Town, or any agency or department thereof, shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their personal opinions on all political subjects and candidates. However, they shall not express their opinion on such political subjects or candidates as officials or employees of the Town.
B. As used in this section, the term “appointive officer” shall mean the Town Manager, Town clerk, director of finance and Town attorney, but shall not include members of boards, commissions or committees of the Town whose members are appointed by the Town Council or recommended by the Town Council for appointment by the circuit court.
(Code 1962, § 1-9; Code 1969, § 10-76; Ord. of 11-6-1978)
Sec. 10-77. – Unsanitary conditions prohibited.
It shall be unlawful for any person to permit any noxious, unsanitary or offensive matter, stagnant water or other substance which is or might be injurious to the public health to be or remain on his property or in his possession or control.
(Code 1962, § 5-65; Code 1969, § 10-77; Ord. of 3-1966)
Sec. 10-77.1. – Discarded materials prohibited.
It shall be unlawful for any person to bring into the Town or to cause or suffer to be brought into the Town any brush, garbage, household or commercial type trash, debris or discarded materials of any kind for the purpose of having the same or any part thereof collected or disposed of during, by or through any Town-sponsored service, or any program conducted by the Town.
(Code 1969, § 10-77.1; Ord. of 12-17-1984)
Sec. 10-1. – Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adultery means persons being married, voluntarily having sexual intercourse with any person not his spouse.
Animal includes birds and fowl.
Automatic dialing device means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by prerecorded voice message or code signal the existence of criminal, fire, rescue or emergency medical activity at the protected premises or on a specific individual.
Bawdy place means any place within or without any structure or building which is used or is to be used for lewdness, assignation, or prostitution, and the term shall include, but not be limited to, every house of prostitution, house of ill fame, bawdy house, house of assignation and brothel.
Obscene means that which considered as a whole has as its dominant theme or purpose an appeal to prurient interest; that is, a shameful or morbid interest in nudity, sex or excretion, and goes substantially beyond customary limits of candor in description or representation of such matters.
Place open to the public means any privately owned place of business carried on for profit, or any place of amusement or entertainment, to which the public is invited.
Prostitution means any person who, for money or its equivalent, commits adultery or fornication or offers to commit adultery or fornication and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute or of prostitution.
Public place means any public street, highway, road, alley, park, playground, dock, public building, public facilities, publicly-owned parking lot, storage area or other publicly-owned places.
(Code 1962, § 5-1; Code 1969, § 10-1; Ord. of 3-1966; Ord. of 1-4-1982)
Sec. 9-20. – Driving without license prohibited; penalty.
No person, except those expressly exempted in Code of Virginia, §§ 46.2-303 through 46.2-309 shall drive any motor vehicle on any street in this Town until such person shall have made application for a driver’s license, as hereinafter provided, and satisfactorily passed the examination required by Code of Virginia, § 46.2-325 and obtained a driver’s license, nor unless such license issued to such person is valid. A conviction of a violation of this section shall constitute a Class 2 misdemeanor.
