Chapter 9.05
OFFENSES – MISCELLANEOUS

Sections:

9.05.010    General penalty for violations of chapter.

9.05.020    Adoption of state law as to certain misdemeanors.

9.05.030    Interfering with, obstructing, etc., city officers or employees or persons doing work for city.

9.05.040    Interfering with enforcement of code, ordinances, etc.

9.05.050    Disrupting or disturbing proceedings of city council, boards, commissions, etc.

9.05.060    Damaging city property generally.

9.05.070    Damaging park property.

9.05.080    Prohibited conduct in parks.

9.05.090    Prohibited conduct on church property.

9.05.100    Prohibited conduct on parking lots.

9.05.110    Urination or defecation in public.

9.05.120    Alcoholic beverages, taking or offering drink in public.

9.05.130    Meetings, parades, demonstrations, etc., on streets or other public places.

9.05.140    Curfew for minors.

9.05.150    General curfew in emergencies.

9.05.160    Interfering with free passage of others for certain purposes.

9.05.170    Sale of certain weapons to pupils of Virginia School for Deaf and Blind.

9.05.180    Carelessly or negligently throwing stones or missiles or discharging gravel shooter, air gun, etc.

9.05.190    Unlawful conditions on private property generally.

9.05.200    Open storage of inoperative vehicles.

9.05.210    Soliciting for lewd or indecent acts or prostitution.

9.05.220    Unlawful CATV connections.

9.05.230    Regulation of smoking – Generally.

9.05.240    Same – Definition.

9.05.250    Same – Designation of “smoking permitted” and “no smoking” areas.

9.05.260    Same – Posting of signs.

9.05.270    Same – Enforcement.

9.05.280    Repealed.

9.05.010 General penalty for violations of chapter.

Whenever in this chapter any act is prohibited or is declared to be unlawful or an offense or a misdemeanor, it shall be punishable as a Class 4 misdemeanor, unless otherwise specified. (Code 1985, § 18-1).

Cross reference – Penalty for Class 4 misdemeanor, SCC 1.05.100.

9.05.020 Adoption of state law as to certain misdemeanors.

Pursuant to the authority of article I, section 8 of the Constitution of Virginia, all of the provisions and requirements of the laws of the state contained in Title 18.2 of the Code of Virginia, as amended, except those provisions and requirements the violation of which constitutes a felony of any class or a Class 1 or 2 misdemeanor, or which, by their very nature, can have no application to or within the city, are hereby adopted and incorporated in this chapter by reference and made applicable within the city. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the city to violate, or fail, neglect or refuse to comply with, any provision of Title 18.2 of the Code of Virginia which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 18.2 of the Code of Virginia. (Code 1985, § 18-2).

9.05.030 Interfering with, obstructing, etc., city officers or employees or persons doing work for city.

(1) It shall be unlawful for any person to willfully interfere with, impede, obstruct, harass or resist any officer or employee of the city in the performance of the duties assigned to him by the Constitution or laws of the state, city ordinance, administrative regulations or orders of the city council or responsible administrative officials of the city or to obstruct or hinder any contractor or other person in the execution of any authorized work for the city.

(2) No person shall resist the orders or directions of officers or employees of the city lawfully given in the discharge of their duties. (Code 1964, §§ 13-1, 16-28, 16-30.1; Code 1985, § 18-3).

9.05.040 Interfering with enforcement of code, ordinances, etc.

It shall be unlawful for any person to interfere in any way with the lawful enforcement of any provision of this code, any ordinance or resolution of the city or any rule, regulation or order promulgated by any officer of the city under authority duly vested in him. (Code 1964, § 16-15; Code 1985, § 18-4).

9.05.050 Disrupting or disturbing proceedings of city council, boards, commissions, etc.

It shall be unlawful for any person to willfully interfere with, disrupt, impede or otherwise disturb the proceedings, whether formal or informal, of the city council or of any board, commission or committee of the city. (Code 1964, § 16-11.2; Code 1985, § 18-5).

Cross reference – Council meetings, SCC 2.10.070 et seq.

State law reference – Similar provisions and authority for above section, Code of Virginia, § 18.2-415.

9.05.060 Damaging city property generally.

It shall be unlawful for any person to willfully damage or deface any city property. It shall be the duty of the city manager, in all cases of injury to the property of the city to ascertain the amount of damages resulting from such injury and collect the same immediately from the party liable therefor. If any party liable for such damages shall fail to refuse to pay the same when demanded, it shall be the duty of the city manager to institute legal proceedings for the recovery of such damages, in the name of the city, and prosecute the same with all diligence to a recovery. (Code 1964, § 16-13; Code 1985, § 18-6).

Cross reference – Damaging waterworks property, SCC 13.15.160.

State law reference – Damaging property, Code of Virginia, § 18.2-137 et seq.

9.05.070 Damaging park property.

It shall be unlawful for any person in any manner to damage or interfere with flowers, shrubbery, buildings, animals, fish, water fowl, birds or any other property within any city park or in any manner to injure or deface the fences enclosing such a park. (Code 1964, § 17-1; Code 1985, § 18-7).

Cross reference – Parks and recreation, Ch. 2.80.

9.05.080 Prohibited conduct in parks.

(1) Application of Section. This section shall apply to any park owned or operated by the city.

(2) Climbing Fences. It shall be unlawful for any person to climb any fence enclosing a park.

(3) Operation of Motor Vehicles. No person shall drive any motor vehicle within a park, except on the roadways. No motor vehicles, other than those used exclusively for passengers and pickup trucks of three-fourths-ton capacity or less, shall be operated in any park at any time, except by consent of the director of recreation.

(4) Selling or Peddling. No person shall expose any article or thing for sale within a park, nor shall any hawking or peddling be allowed in any park, except as authorized by a permit issued by the city manager. Criteria for such permit will be established by the city manager, but in no case shall a permit be issued that is not in conjunction with a specific event or series of events conducted in the park for the benefit of the general public.

(5) Bringing Shrubs, Plants, Etc., into Park. No person, except an employee of the city acting under the direction of the director of recreation, shall bring into any park any tree, shrub, plant or flower, or any newly plucked branch or portion of a tree, shrub, plant or flower.

(6) Walking on Grass. No person shall walk upon the grass, lawn or turf of a park, when signs are in place giving notice of this provision.

(7) Use of Special Areas. No person shall go upon those parts of the parks set apart for swimming, golf, baseball, playgrounds, tennis or other recreation activities, except under the regulations and upon payment of the charges and fees prescribed for their use by the city manager.

(8) Suspension of Section in Fairgrounds. The city manager may suspend, from time to time, any of the provisions of this section in that part of Gypsy Hill Park known as the fairgrounds. (Code 1964, §§ 17-2, 17-4 – 17-8; Code 1985, § 18-8; Ord. 6-11-92).

Cross references – Parks generally, Ch. 2.80 SCC; begging in parks, SCC 5.25.010; dogs to be leashed when in city park or playground, SCC 6.10.200; littering in parks, SCC 8.30.020; motor vehicles and traffic, Title 10; speed limit in parks, SCC 10.15.010.

9.05.090 Prohibited conduct on church property.

It shall be unlawful for any person to lounge upon the steps or porch or in the yard of any church in the city, or to offer for sale or barter any article upon such steps or porch or in such yard, without permission from the appropriate church authorities. (Code 1964, § 16-10; Code 1985, § 18-9).

9.05.100 Prohibited conduct on parking lots.

(1) Definitions. For the purposes of this section, the following terms shall be defined as follows:

(a) “Parking lot” means any outdoor space, plot, place, lot, parcel, yard or enclosure, or any portion thereof, where more than two motor vehicles may be parked, stored, serviced, housed or kept. “Parking lot” includes, but is not limited to, the driving and parking areas of drive-in restaurants, drive-in banks, shopping centers, gasoline service stations, grocery stores, factories and all other business operations. “Parking lot” also includes city-owned or -operated off-street parking lots.

(b) “Public portions of a parking lot” means the parking lot areas designated by the parking lot owners, agents of owners or lessors for off-street parking of motor or other vehicles, driveways, sidewalks, malls, arcades, service areas and entrance ways into stores and buildings.

(c) “Shopping center” means any combination of retail stores and services contained within one or more buildings which are located on one or more parcels of land united to form a general shopping center site and upon which site there are located public areas for the nonexclusive use of members of the general public and occupants, visitors and customers of such retail stores and services.

(2) Entering After Hours. It shall be unlawful for any person to enter, walk upon or drive upon the public portions of a parking lot, without the consent of the owner or operator or the agent of either the owner or lessor, when the place of business on or adjacent to the parking lot is closed to the public and so posted by such responsible person having custody of the property. Posting shall be indicated by conspicuous signs of such size, shape and location as to properly warn the general public, but they shall not constitute an aesthetic nuisance. A notice of such posting of property shall be filed with the police department; provided, however, that failure to file such notice shall not invalidate the effect of such posting. This subsection shall not apply to city-owned parking lots which are intended for, made available to, and used by, the general public.

(3) Prohibited Acts with Reference to Vehicles. It shall be unlawful for any person, on the public portions of a parking lot, to race the motor of any motor vehicle, needlessly bring to a sudden start or stop any motor vehicle, blow any horn of any motor vehicle needlessly or engage in any race with another vehicle, so as to create a nuisance or a disturbance or to annoy or endanger any person or other vehicle lawfully on the public portions of the parking lot.

(4) Obstructing Passage of Pedestrians. It shall be unlawful for any person, either alone or in concert with others, to be, assemble or congregate on the public portion of any parking lot for the purpose of lingering or loitering in any manner which will obstruct, impede or interfere with the free passage of other pedestrians using such parking lot. (Code 1964, § 16-32.1; Code 1985, § 18-10).

9.05.110 Urination or defecation in public.

No person shall urinate or defecate in public view or on any public street, sidewalk, alleyway, property or park, or in those areas of private buildings or property which are normally open to or accessible by the public, except in such restrooms, toilets or other approved sanitary facilities as are provided. (Code 1985, § 18-11).

9.05.120 Alcoholic beverages, taking or offering drink in public.

(1) It shall be unlawful for any person to take a drink of alcoholic beverages or to offer or tender a drink of alcoholic beverages to another, whether accepted or not, at or in any public place in the city.

(2) For the purposes of this section, the terms “alcoholic beverages” and “public place” shall have the meanings ascribed to them in Section 4-2 of the Code of Virginia.

(3) This section shall not apply to drinking alcoholic beverages or offering a drink thereof where the same is permitted by Section 4-78(b) and (c) of the Code of Virginia. (Code 1964, § 4-1; Code 1985, § 18-12; Ord. 3-11-93).

State law references – Provisions similar to subsection (1) above, Code of Virginia, § 4-78(a); authority for above section, § 4-96.

9.05.130 Meetings, parades, demonstrations, etc., on streets or other public places.

(1) No person shall hold any public meeting or public demonstration, or deliver any public address, lecture or discourse, or conduct any parade or race upon any of the streets of the city or within any park or other public place under the control of the city, without first obtaining a written permit therefor from the chief of police.

(2) No person shall participate in any gathering, assemblage, demonstration, parade or race upon any of the streets of the city or within any park or other public place under the control of the city, which gathering, assemblage, demonstration, parade or race is held without a written permit from the chief of police.

(3) Whenever the chief of police shall be of the opinion that any activity mentioned in this section will not unreasonably interfere with the public use of streets or other public property and will not tend to disturb or imperil the public safety or the public peace or otherwise be inimical to the public welfare, he shall grant a permit applied for under this section. (Code 1964, § 16-31; Code 1985, § 18-13).

9.05.140 Curfew for minors.

(1) It shall be unlawful for any minor under the age of 16 years to be or remain at or upon the streets, alleys or public places in the city between the hours of 11:00 p.m. and 4:30 a.m., unless accompanied by or in the care of his parent or guardian or some other adult with the consent of his parent or guardian, except in the event of an emergency. For the purposes of this subsection, an “emergency” shall constitute a time when assistance from some person or governmental or other agency is needed or mandatory for the health, safety, comfort or general welfare of an individual, family group or other community. An exception to the provisions of this subsection shall be made for one-half hour after the end of organized school or public athletic events attended by such minors.

(2) It shall be unlawful for any parent, guardian or other person having legal care and custody of any minor to allow or permit such minor to violate the provisions of subsection (1) of this section.

(3) Any officer taking a minor into custody for violating this section shall comply with the provisions of Section 16.1-247 of the Code of Virginia. (Code 1964, § 16-12; Code 1985, § 18-14).

9.05.150 General curfew in emergencies.

(1) In the event of natural or manmade disasters, civil disturbances or riots, an emergency may be declared upon the recommendation of the ranking police official available, and approved by the city manager, if available, and the individual concurrence of a majority of the members of the city council, if available, but there must be the individual concurrence of at least two members of the council. No meeting of the council shall be necessary to consider this concurrence.

(2) Upon the declaration of an emergency under this section, the ranking police official available, with the concurrence of the city manager, if available, may declare a curfew from sunset to sunrise, or for any time period between sunset and sunrise, prohibiting unauthorized persons from being on or using the public streets, sidewalks, rights-of-way and public areas of the city and no person shall violate the terms of such curfew. The declaration of the curfew shall specify what persons shall be authorized to be on or to use the public streets, sidewalks, rights-of-way and public areas of the city.

(3) Persons who provide health, public safety and general welfare services or members of accredited news media for the community, as well as those people who respond to emergency situations, shall be exempt from any curfew imposed pursuant to this section. (Code 1964, § 16-12.1; Code 1985, § 18-15; Amended during the 2003 reformat).

9.05.160 Interfering with free passage of others for certain purposes.

No person shall, by signaling, addressing, soliciting, catching hold of or in any other way, interfere with the free passage of any other person with whom such person is not personally acquainted, for the purpose of inducing such other person to converse with, accompany or ride with such person. (Code 1964, § 16-21; Code 1985, § 18-16).

State law reference – Obstructing free passage of others, Code of Virginia, § 18.2-404.

9.05.170 Sale of certain weapons to pupils of Virginia School for Deaf and Blind.

It shall be unlawful for any person to sell, barter, give, furnish, or cause to be sold, bartered, given or furnished, to any pupil of the Virginia School for the Deaf and Blind, situated in the city, a pistol, gun, rifle, dirk or bowie knife. (Code 1964, § 30-3; Code 1985, § 18-17).

State law reference – Sale of weapons to minors, Code of Virginia, § 18.2-309.

9.05.180 Carelessly or negligently throwing stones or missiles or discharging gravel shooter, air gun, etc.

It shall be unlawful for any person to carelessly or negligently throw any stone or missile of any character, or discharge any gravel shooter, air rifle, BB gun, bow and arrow, or similar device within the city, so as to endanger life or property. (Code 1964, § 30-5; Code 1985, § 18-18; Amended during the 2003 reformat).

9.05.190 Unlawful conditions on private property generally.

(1) It shall be unlawful for any person to have or suffer any unwholesome or offensive matter, stagnant water or nuisance of any kind upon any vacant land, in any house or cellar or upon any premises owned by such person in the city. Any grass, weeds, bushes and vegetation, other than trees, ornamental shrubbery, flowers and garden vegetables properly tended, having an overall height of more than 10 inches above the surface of the surrounding ground shall be judged to be in violation of the provisions of this section. Notwithstanding the foregoing, however, in the case of a large tract of land exceeding two acres, the health official or such other person as may be designated by the city manager may require that a strip of land 35 feet in width along all lot lines of said parcel be cleared of any grass, weeds, bushes and vegetation other than the permitted trees, ornamental shrubbery, flowers and garden vegetables properly tended, having an overall height of more than 10 inches above the surface of the surrounding ground, if in the opinion of such official said 35-foot strip serves the purpose of meeting the spirit and intent of this chapter.

(2) Whenever any condition in violation of this section is found to exist, the health officer, or such other person as may be designated by the city manager, or the city manager, himself, shall give notice to the owner of the premises to abate or remove such condition within 10 days. Such notice shall be in writing, shall include a description of the premises sufficient for identification and shall set forth the violation and state that, if the violation is not corrected within 10 days, the city may proceed to correct the same as authorized by this section. Service of such notice shall be by any one of the following methods:

(a) By delivery to the owner personally or by leaving the notice at the usual place of abode of the owner with a person who is over the age of 16 years and a member of the family of the owner.

(b) By depositing the notice in the United States Post Office addressed to the owner at his last known address with postage prepaid thereon.

(c) By posting and keeping posted, for 24 hours, a copy of the notice, in placard form, in a conspicuous place on the premises on which the violation exists.

(3) If the owner of any property fails to comply with a notice given pursuant to this section, within 10 days after the service of such notice, he shall be subject to prosecution for violation of this section and each day that such failure continues shall be a separate offense. In addition, the city manager may have the condition described in the notice abated, removed or otherwise corrected and all expenses incurred thereby shall be chargeable to and paid by the owner of the property and shall be collected as taxes and levies are collected. All such expenses shall constitute a lien against the property on which the work was done. (Code 1964, §§ 13-13.2 – 13-13.4, 13-14, 13-15, 13-16.1, 13-17; Code 1985, § 18-19; Ord. 6-9-94; Amended during the 2003 reformat).

State law reference – Authority for above section, Code of Virginia, §§ 15.2-901, 15.2-1115.

9.05.200 Open storage of inoperative vehicles.

(1) It shall be unlawful for any person to keep for more than 10 days, except within a fully enclosed building or structure or otherwise shielded or screened from public view, on any property in the city zoned for residential, commercial or agricultural purposes, any motor vehicle, trailer or semitrailer, as such are defined in Section 46.2-100 of the Code of Virginia, which is inoperable.

(2) As used in this section, the term “inoperable motor vehicle” shall mean any motor vehicle which is not in operating condition; or which, for a period of 90 days or longer, has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle; or for which there is no valid license plate or inspection sticker. Notwithstanding the foregoing, an antique motor vehicle (as defined by Section 46.2-100 of the Code of Virginia) is not required to have an inspection sticker if such vehicle is not used for general transportation and is only used (a) for participation in club activities, exhibits, tours, parades and similar events; and (b) on the public streets and highways of the commonwealth and municipalities for the purpose of testing their operation, obtaining repairs or maintenance and transportation to and from the activities set forth in subsection (2)(a) of this section. As used in this section, the term “shielded or screened” does not include covering the vehicle with a tarpaulin or other sheet of material.

(3) The provisions of this section shall not apply to a licensed business which, on June 26, 1970, was regularly engaged in the business as an automobile dealer, salvage yard or scrap processor.

(4) The owners of property zoned for residential or commercial or agricultural purposes, shall, within 10 days of notice to do so given in writing by the city police department and mailed to the post office address shown for such owner in the city tax records, remove therefrom any such inoperable motor vehicles, trailers or semitrailers that are not kept within a fully enclosed building or structure. In the event such inoperable motor vehicles, trailers or semitrailers are not so removed after the 10-day notice set forth above, the city may, through its own agents and/or employees, remove such vehicles, trailers or semitrailers. Any such vehicles, trailers or semitrailers removed by the city after such notice may be disposed of by the city after giving written notice to the registered owner of such vehicles, trailers or semitrailers. Such additional notice shall be sent by first class mail to the address of the owner of such vehicle shown on the records of the Department of Motor Vehicles. Such additional notice shall advise the owner that, unless the vehicle is claimed by the owner, and all costs of removal and/or storage is paid or reimbursed to the city within 30 days, the same will be disposed of. All costs of any such removal, storage and/or disposal shall be chargeable to the owner of such vehicle or the owner of the premises upon which it was stored prior to removal. Such costs may be collected by the city as taxes are collected. Every cost authorized hereunder with which the owner of the premises has been assessed shall constitute a lien against the property from which the vehicle was removed and such lien shall continue until actual payment of such costs has been paid to the city.

(5) A violation of this section shall constitute a Class 3 misdemeanor. (Code 1964, § 15-296; Code 1985, § 18-20; Ord. 6-13-96; Amended during the 2003 reformat).

Cross references – Penalty for Class 3 misdemeanor, SCC 1.05.100; time limit for parking inoperable vehicles on streets or city parking lots, SCC 10.25.100.

State law reference – Authority for above section, Code of Virginia, § 15.2-904.

9.05.210 Soliciting for lewd or indecent acts or prostitution.

(1) It shall be unlawful for any person within the limits of the city to solicit another, by word, sign or gesture, to commit any act which is lewd, lascivious, or indecent or to solicit for the purpose of prostitution.

(2) A violation of this section shall constitute a Class 3 misdemeanor. (Code 1964, § 23-12; Code 1985, § 18-21).

Cross reference – Penalty for Class 3 misdemeanor, SCC 1.05.100.

State law reference – Sexual offenses, prostitution, etc., Code of Virginia, § 18.2-344 et seq.

9.05.220 Unlawful CATV connections.

(1) As used in this section, the terms “community antenna television system,” “franchisee” and “subscriber” shall have the meanings ascribed to them in the Staunton Community Antenna Television Ordinance approved November 24, 1981, and on file in the city clerk’s office.

(2) No equipment, cable or other apparatus shall be connected between a franchisee’s system and a subscriber’s receiver, except as furnished and installed by the franchisee. Any person causing such equipment to be installed or used shall be subject to a penalty of $50.00. (Ord. 11-24-81, § 12.8; Code 1985, § 18-22).

Cross reference – Staunton Community Antenna Television Ordinance not affected by code or ordinance adopting code, SCC 1.05.060(8).

9.05.230 Regulation of smoking – Generally.

For the health, benefit and well-being of the citizens of Staunton, Virginia, smoking (as defined herein) shall be regulated by the city manager of the city of Staunton as to all buildings owned or leased by the city of Staunton and used for public purposes, including any buildings owned or leased by associated city departments, including public schools. (Code 1985, § 18-31; Ord. 9-27-90).

9.05.240 Same – Definition.

(1) “Smoke” or “smoking” means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind. (Code 1985, § 18-32; Ord. 9-27-90).

9.05.250 Same – Designation of “smoking permitted” and “no smoking” areas.

The city manager for the city of Staunton shall provide reasonable no smoking areas in all city-owned or -leased buildings or spaces open to the public for city business, taking into consideration the nature of the use and the size of the building. Signs shall be posted therein stating “Smoking Permitted” or “No Smoking.” In addition:

(1) No smoking shall be permitted in elevators regardless of capacity.

(2) No smoking shall be permitted in common areas in an educational facility (as defined in Section 15.1-291.2 of the Code of Virginia) including, but not limited to, classrooms, hallways, auditoriums, libraries, and public meeting rooms.

(3) No smoking shall be permitted in any part of a restaurant designated a “no smoking” area pursuant to the Virginia Indoor Clean Air Act.

(4) No smoking shall be permitted in indoor service lines and cashier areas.

(5) No smoking shall be permitted in school buses and public conveyances.

(6) No smoking shall be permitted in local or district health departments. (Code 1985, § 18-33; Ord. 9-27-90; Amended during the 2003 reformat).

9.05.260 Same – Posting of signs.

Any person who owns, manages or otherwise controls any building or area in which smoking is regulated by SCC 9.05.230 through 9.05.270, shall post in an appropriate place, in a clear, conspicuous and sufficient manner, “Smoking Permitted” signs, “No Smoking” signs, or “No Smoking Section Available” signs. (Code 1985, § 18-34; Ord. 9-27-90).

9.05.270 Same – Enforcement.

No person may smoke in a designated “no smoking” area and any person who continues to smoke in such area after being asked to refrain from smoking shall be subject to a civil penalty of $25.00. (Code 1985, § 18-35; Ord. 9-27-90).

9.05.280 Application for a concealed handgun permit – Fingerprinting.

Repealed by Ord. 2012-08. (Code 1985, § 18-36; Ord. 6-24-97; amended during the 2003 reformat).