University of Virginia Library

CHAPTER 19.

Offenses.[25]

                                                                                                                                                         

§ 1.	Abusive or profane language.
§ 2.	Adultery or fornication.
§ 3.	Aeroplanes, dirigibles, blimps, etc.—Altitude over city.
§ 4.	Same—Dropping advertising matter.
§ 5.	Annoying or interfering with pupils of female or public schools.
§ 6.	Burning of trash, debris, etc.; bonfires.
§ 7.	Carnivals and like exhibitions—Deposit to pay cost of policing.
§ 8.	Same—Indecent shows or illegal games—Bond.
§ 9.	Same—Same—Penalty.
§ 10.	Checks, etc., drawn without sufficient funds.
§ 11.	Church steps; defacing, lounging upon, etc.
§ 12.	Circus exhibitions, etc.
§ 13.	Curfew.
§ 14.	Dance halls.
§ 15.	Dangerous missiles; air guns, gravel shooters, etc.
§ 16.	Defacing advertisements.
§ 17.	Disguises in public.
§ 18.	Disorderly conduct.
§ 19.	Disturbing public assemblies.
§ 20.	Disturbing public worship.
§ 21.	Drunkenness.
§ 22.	Failure to assist officer.
§ 23.	Failure to deliver food or refund money where money accepted in advance.
§ 24.	Flying kites or playing ball in streets.
§ 25.	Gambling—Keeping gaming table or device.
§ 26.	Same—Keeping place for gaming.
§ 27.	Same—Betting or participating in gambling.
§ 28.	Same—Playing "craps".
§ 29.	Same—Lottery or raffle.
§ 30.	Handbills—Posting, etc.
§ 31.	Imitating police whistle.
§ 32.	Indecent books, pictures, statuary, etc.
§ 33.	Indecent exposure; obscene acts, language, etc.
§ 34.	Injuring or defacing trees or property; leaving gates open.
§ 35.	Interfering with females.
§ 36.	Lewd persons; street walkers.
§ 37.	Marathon dances or contests.
§ 38.	Merry-go-rounds, etc.
§ 39.	Noise, odors and fumes.
§ 40.	Obtaining credit, etc., with intent to defraud hotel or boarding house.
§ 41.	Occupying or using streets or public property contrary to law.
§ 42.	Offensive matter.
§ 43.	Pawnbrokers, junk and secondhand dealers—Daily records of articles pawned and bought.
§ 44.	Same—Furnishing reports to chief of police.
§ 45.	Same—Penalty; revocation of license.
§ 46.	Petit larceny.
§ 47.	Poolrooms, bowling alleys, shooting galleries, etc.—Minors.
§ 48.	Same—Hours; gambling.
§ 49.	Prize fights.
§ 50.	Prostitution—Keeping or being inmate of house of ill fame.
§ 51.	Same—Frequenting house of ill fame.
§ 52.	Same—Renting property for use as house of ill fame.
§ 53.	Same—Permitting use of property as house of ill fame after notice.
§ 54.	Refuse matter thrown on streets or private property.
§ 55.	Resisting or obstructing officers, employees, etc.
§ 56.	Riot, rout, assault and battery, etc.
§ 57.	Slot machines.
§ 58.	Smoke nuisance.
§ 59.	Smoking in theatres.
§ 60.	Spitting.
§ 61.	Street drumming.
§ 62.	Sunday—Laboring at trade or calling.
§ 63.	Same—Sale of wine.
§ 64.	Threatening messages.
§ 65.	Tobacco sales, etc., to minors.
§ 66.	Trespass.
§ 67.	Unlawful assemblages.
§ 68.	Untrue, deceptive or misleading advertising.
§ 69.	Same—What deemed deceptive advertising.
§ 70.	Same—Penalty.
§ 71.	Vacant lots; cutting weeds and foreign growth.
§ 72.	Vagrants—Persons deemed vagrants.
§ 73.	Same—How dealt with.
§ 74.	Same—Railroads, etc., bringing vagrants into city.
§ 75.	Weapons—Carrying concealed weapons.
§ 76.	Same—Shooting within city.
§ 77.	Same—Sales, etc., to minors.

Sec. 1. Abusive or profane language.

If any person shall, in the presence or hearing of another, curse
or abuse such person, or use any violent or abusive language to
such person concerning himself or any of his female relations,
under circumstances reasonably calculated to provoke a breach
of the peace, he shall be deemed guilty of a misdemeanor, and
on conviction shall be fined not less than ten dollars nor more than
fifty-dollars. (Code 1932, § 289.)

Sec. 2. Adultery or fornication.

If any person commit adultery or fornication, he shall be fined
not less than ten dollars nor more than one hundred dollars, or
confined in jail not exceeding six months, or both. (Id., § 269.)

Sec. 3. Aeroplanes, dirigibles, blimps, etc. — Altitude
over city.

It shall be unlawful for an person operating any aeroplane,
dirigible, blimp, balloon or other aerial vehicle, while above the
congested district of any built-up portion of the city, to descend
to an altitude of less than five hundred feet, except by written
permit of the mayor. Any violation of this section shall be punished
by a fine of not less than ten dollars nor more than two
hundred dollars. (Id., § 302.)

Sec. 4. Same—Dropping advertising matter.

It shall be unlawful for any person in any aeroplane, dirigible,
blimp, balloon or other aerial vehicle to drop any advertising
matter within the limits of the city, except by written permission
of the mayor. Any violation of this section shall be punished
by a fine of not less than five dollars nor more than twenty-five
dollars. (Id., § 303.)

Sec. 5. Annoying or interfering with pupils of female or
public schools.

It shall be unlawful for any person, under pretext of exercising
his right to be on the public streets, to loiter near the premises
of any female or public school in the city for the purpose of prying
therein, or to hold surreptitious communication with any of
the pupils thereof, or in any way act so as to disturb any of the
pupils in the pursuit of their studies or amusements or in the observance
of the regulations of such institutions.

It shall be unlawful for any person to accompany or follow
any pupil of any female school in the city or of the public schools
without the permission of the parent or guardian of the pupil or
the teacher in charge of the pupil, or to otherwise interfere with
or annoy any such pupil.

Any person guilty of the offenses herein mentioned shall, upon
conviction thereof, be fined not less than one dollar nor more
than ten dollars for each offense. (Id., § 280.)

Sec. 6. Burning of trash, debris, etc.; bonfires.

It shall be unlawful for any person to burn or procure another
to burn any trash, brush, leaves, debris or other inflammable material
on or in the streets or sidewalks of the city, and it shall be
unlawful to set fire to or procure another to set fire to any trash,
brush, grass, debris or other inflammable material elsewhere than
in the city streets or sidewalks, within the city, unless all reasonable
care and precautions shall have been taken by cutting and
piling such material or carefully clearing around the same to
prevent the spread of such fire to any property. It shall be unlawful
for any person who shall have kindled or maintained any
fire to leave the same unattended. It shall be unlawful to kindle
or maintain any bonfire within the city. Nothing herein contained
shall prevent the burning of trash, brush or leaves by city
employees, while in discharge of their duties. (Id., § 192; Ord.
Mar. 15, 1943.)

Sec. 7. Carnivals and like exhibitions—Deposit to pay
cost of policing.

No carnival or other like show or exhibition shall exhibit outside
the city but within one mile of the city limits unless and until
such carnival shall have made a deposit with the director of finance
of fifty dollars for each day on which an exhibition is proposed.
The chief of police shall designate such members of the
force of extra policemen as he may deem necessary for the policing
of such carnival or other exhibition, and the costs of such extra
policing shall be paid out of the deposit so made and the difference,
if any, shall be refunded to the person by whom the deposit
was made. (Ord. Apr. 20, 1942.)

Sec. 8. Same—Indecent shows or illegal games—Bond.

No carnival or other like exhibition or show shall exhibit within
the city or outside said city within one mile of the city limits
thereof unless and until the person proposing to exhibit shall have
given bond payable to the city, with security approved by the
chief of police, in the sum of one thousand dollars, with the condition
that such person will not exhibit or permit the exhibition

of any indecent or immoral show and will not permit the maintenance
or operation of any illegal game of chance on the exhibition
grounds. Proof of the exhibition of any immoral or indecent
show or of the open maintenance and operation of an illegal
game of chance on the premises occupied by such carnival or
other exhibition shall be prima facie evidence that such game of
chance or indecent show was maintained and operated with the
consent of the proprietor of the said carnival or exhibition. (Id.)

Sec. 9. Same—Same—Penalty.

The proprietor of any carnival or other like exhibition who
permits exhibition of any immoral or indecent show or the maintenance
or operation of any illegal game of chance on the premises
occupied by said carnival within the city or outside the city
within one mile of the city limits shall be deemed guilty of a misdemeanor
and shall be subject to a fine of not less than fifty dollars
and not more than two hundred and fifty dollars for each violation.
And said proprietor and the surety on his bond hereinabove
mentioned shall be liable under said bond for any fine imposed
hereunder. (Id.)

Sec. 10. Checks, etc., drawn without sufficient funds.

Any person who, with intent to defraud, shall make or draw
or utter or deliver any check, draft or other order for the payment
of money, upon any bank, banking institution, trust company
or other depository, knowing at the time of such making,
drawing, uttering or delivering that the maker or drawer has
not sufficient funds in, or credit with such bank, banking institution,
trust company or other depository for the payment of such
check, draft or order, although no express representation is made
in reference thereto, shall be guilty of a misdemeanor.

Any person convicted under the provisions of this section shall,
if the amount of such check, draft or order is under fifty dollars,
be sentenced to pay a fine of not less than five dollars nor
more than one hundred dollars, or to undergo imprisonment not
exceeding thirty days, or both. If the amount of such check,
draft or order is fifty dollars or more, he shall be sentenced to pay

a fine of not less than ten dollars nor more than two hundred dollars,
or to undergo imprisonment not to exceed six months, or
both.

In any prosecution under this section, the making or drawing,
or uttering or delivery of a check, draft or order, payment of
which is refused by the drawee because of lack of funds or credit,
shall be prima facie evidence of intent to defraud and of knowledge
of insufficient funds in, or credit with such bank, banking
institution, trust company or other depository, unless such
maker or drawer shall have paid the drawee thereof the amount
due thereon, together with interest and protest fees, within five
days after receiving notice that such check, draft or order has
not been paid to the drawee.

The word credit, as used herein, shall be construed to mean
any arrangement or understanding with the bank, banking institution,
trust company or other depository for the payment of
such check, draft or order.

In any civil action growing out of an arrest under this section,
no evidence of statements or representations as to the status of
the check, draft, order or deposit involved, or of any collateral
agreement with reference to the check, draft or order, shall be
admissible unless such statements, or representations, or collateral
agreement, be written upon the instrument. (Code 1932, §
306.)

Sec. 11. Church steps; defacing, lounging upon, etc.

Any person who shall lounge upon the steps or porch of any
church, or offer for sale or barter any article on said steps or
porch, or engage in eating fruits or nuts thereon, or otherwise
defile or deface the same, shall be fined five dollars for every such
offense. (Id., § 278.)

Sec. 12. Circus exhibitions, etc.

It shall be unlawful for any person to make exhibition of a
circus tent or outside performance, feats of horsemanship or

caravan of animals at any place within the city, unless it be in
such a situation as not to disturb or annoy any of the citizens,
and unless, in addition, it shall first have been designated or approved
by the mayor. Any one violating this section shall be
fined not less than fifty dollars nor more than five hundred dollars.
(Id., § 258.)

Sec. 13. Curfew.

It shall be unlawful for any person under the age of fifteen
years to be in or upon the streets or public parks of this city after
7:30 P. M., from the first of October to the first day of May,
or after 9:00 P. M. from the first day of May to the first day of
October, unless accompanied by and in the care of its guardian or
parent, or some other adult with the consent of its parent or
guardian, or unless actually executing an emergency errand upon
which it has been sent by its parent or guardian, or unless
such person be employed in business and his employment makes
it necessary for him to be upon the streets of the city during the
nighttime after the specified hours. Any person violating the
provisions of this section shall be fined not less than one dollar
nor more than five dollars for each offense.

It shall be the duty of the chief of the fire department each day
in the year, fifteen minutes before the time specified in this section,
to cause to be rung the bell of the fire department for ten
successive strokes.

It is hereby made unlawful for any parent or guardian having
the legal custody of any child under fifteen years of age to
allow or permit any such child or ward under such age to go or be
in or upon any street or public park, in violation of the provisions
of this section. Any person violating the provisions of this section
shall, upon conviction, be fined not less than one dollar nor
more than five dollars for each offense. (Id., § 284.)

Sec. 14. Dance halls.

Any person desiring to conduct a dance hall in which public dancing
is to be allowed, where an admission fee is charged or a charge
is made for participating in such dancing, shall first obtain the consent

of the mayor, who shall satisfy himself that the person applying
is a proper person to conduct such hall and the location is suitable
for such purpose, and in addition, the person so applying shall
procure the license required for dance halls.

No such dance hall located within the congested section of the
city, which is hereby defined as identical with the congested fire
limits as defined in section 2 of chapter 7, shall remain open later
than 12:00 P. M. each night during the week. And any such
dance hall shall remain closed from 12:00 P. M. each night until
6:00 A. M. the following morning; provided, however, that with
the consent of the mayor and chief of police special permission
may be granted for particular dances and such halls shall remain
open to such hour as may be specified in the permission.

Any violation of this section shall be punished by a fine of not
less than five dollars nor more than twenty-five dollars for each
offense.

Members of the police force shall have the right to enter such
dance hall at all hours to see that the peace and quiet of the city
is preserved. (Id., § 286; Ords. Jan. 3, 1939, June 17, 1940.)

Sec. 15. Dangerous missiles; air guns, gravel shooters,
etc.

No person shall, in any street, throw stones, sticks or other
dangerous missiles, or discharge arrows, nails or bullets from a
bow or cross-bow, or anywhere within the city limits discharge
shot, gravel, bullets or other similar substances from a gravel
shooter, air gun or similar implement, under a penalty of not less
than one dollar nor more than ten dollars for every such offense.
(Code 1932, § 256.)

Sec. 16. Defacing advertisements.

If any person shall tear down or deface any design, bill or
advertisement, so long as the same may be of any benefit to the
party posting it, he shall be fined not less than one dollar nor more
than one hundred dollars for each offense. Provided, that nothing
herein shall prevent any one from tearing down advertisements
posted on his premises. (Id., § 299.)

Sec. 17. Disguises in public.

It shall be unlawful for any one in public to conceal in any
wise his identity or to disguise himself for any improper purpose.
Any violation of this section shall be punished by a fine
of not less than five dollars nor more than ten dollars. (Id., §
291.)

Sec. 18. Disorderly conduct.

Any person, whether on his premises or elsewhere, who indulges
in loud talking, laughter, calling or shouting, or any other
form of boisterous conduct amounting to disorder, shall, on conviction,
be punished by a fine of not more than one hundred dollars,
or by confinement not more than thirty days in jail, or both,
for each offense. (Id., § 254.)

Sec. 19. Disturbing public assemblies.

Any person who shall willfully or otherwise disturb any assembly
of persons at a theatre or other place of assembly, whether
he be in or outside of said assembly, shall be guilty of a misdemeanor
and, upon conviction, shall be fined for each offense not
less than five dollars nor more than one hundred dollars, or confined
in jail not exceeding three months, or both. (Id., § 279.)

Sec. 20. Disturbing public worship.

No person shall willfully interrupt or disturb any assembly
met for the worship of God, under a penalty of not more than
one hundred dollars or confinement in jail not more than three
months for each offense. (Id., § 277.)

Sec. 21. Drunkenness.

Any person who shall be found drunk on the streets, or in any
place of public resort in the city, shall be arrested and, upon conviction,
shall pay a fine of not less than two dollars nor more than

twenty-five dollars, or be confined in jail not exceeding thirty
days, or both, in the discretion of the court. (Id., § 255.)

Sec. 22. Failure to assist officer.

If any person shall fail or refuse to assist a police officer, when
called upon so to do by such officer in the discharge of his duty,
such person shall be fined not less than one dollar nor more than
twenty-five dollars. (Id., § 274.)

Sec. 23. Failure to deliver food or refund money where
money accepted in advance.

The following words and phrases, when used in this section,
shall have the meanings respectively ascribed to them, as follows,
except in those instances where the context clearly indicates a different
meaning:

"Restaurants, lunch rooms, cafés, hotels, boarding houses, and
public eating houses" shall, for the purpose of this section,
mean any place of business where food prepared for immediate
consumption is served at tables or counters for profit.

"Meal tickets" shall, for the purpose of this section, mean any
card or coupon book which may be sold for cash and used in lieu
of cash in exchange for food until the cash value as stated thereon
has been dissipated, either by perforating the card or by extracting
coupons from the book.

It shall be unlawful, and punishable by a fine of not more than
one hundred dollars and confinement in jail not exceeding six
months, or either or both, for any person engaged in the restaurant,
café, hotel, lunch room, boarding house or public eating
house business within the city, where money is accepted in advance
for food either upon express written or verbal agreement
or in exchange for a meal ticket, to accept money in advance with
intent to cheat or defraud the payor thereof or to refuse or become
unable through any cause whatsoever to furnish food upon

demand during business hours as a charge against the money
so advanced and to refuse or become unable through any cause
whatsoever to return at that time whatever money remains in his
hands as an unused balance of the money so advanced. (Id.,
§ 301.)

Sec. 24. Flying kites or playing ball in streets.

No person shall raise or fly a kite, or play any game of ball in
the streets, under a penalty of one dollar for each offense. (Id.,
§ 257.)

Sec. 25. Gambling—Keeping gaming table or device.

If any person keep or exhibit a gaming table, commonly
called A. B. C., or E. O. table, wheel of fortune, nickel-in-theslot
machine, faro bank, keno table, race-course table, race-horse
table or any table of like kind, or any table, apparatus or machine
used in playing any game of chance at which money, articles of
value or capital prize be won or lost, whether the game be played
with cards, dice, money or otherwise, or be a partner or concerned
in, either as owner, operator or employee, the keeping,
exhibiting, using or operating of such table, machine, apparatus
or bank, he shall be fined not exceeding one thousand dollars, or
shall be confined in jail not more than twelve months, or both; and
each day such machine, apparatus or table is so used shall constitute
a separate offense.

Any such device or apparatus hereinabove described and all
the money, stakes or exhibits found therewith may be seized by
order of court or under warrant of the civil and police justice,
and the money so seized shall be forfeited to the city, and the device
or apparatus so seized shall be destroyed. (Id., § 297; Ord.
Feb. 5, 1940.)

Sec. 26. Same—Keeping place for gaming.

Any person who shall keep or maintain a house or apartment
or room in which games of cards or of chance shall be habitually

played for money or any thing to be cashed in as money, shall
be fined not less than five dollars nor more than fifty dollars, or
be imprisoned in the city jail for not more than sixty days, or
both. (Code 1932, § 296.)

Sec. 27. Same—Betting or participating in gambling.

It shall be unlawful for any person to bet, wager or play at
any game for money or any article of value. Any one violating
this section shall, upon conviction, be fined not less than five
dollars nor more than fifty dollars, or confined in jail not exceeding
sixty days, or both. (Id., § 308.)

Sec. 28. Same—Playing "craps".

Any person who shall play the game commonly called craps,
within the corporate limits of the city, shall be fined not less than
one dollar nor more than twenty-five dollars for each offense.
(Id., § 298.)

Sec. 29. Same—Lottery or raffle.

If any person sets up or promotes, or is concerned in managing
or drawing a lottery or raffle for money or other thing of
value, or knowingly permits such lottery in any house under his
control, or knowingly permits money or other property to be
raffled for in such house, or to be won therein by throwing or
using dice, or by any other game of chance, or knowingly permits
the sale in such house of any chance or ticket, or share of a
ticket, in a lottery, or any writing, certificate, bill, token or other
device purporting or intended to guarantee or assure to any person
or entitle him to a prize or share of or interest in a prize
to be drawn in a lottery, or if any person, for himself or another
person, buys, sells or transfers, or has in his possession for the
purpose of sale, or with intent to exchange, negotiate or transfer
or aid in selling, exchanging, negotiating or transferring, a
chance or ticket in or share of a ticket in a lottery, or any such
written certificate, bill, token or device, he shall be confined in

jail not exceeding one year and fined not exceeding five hundred
dollars. (Ord. Apr. 15, 1935.)

Sec. 30. Handbills—Posting, etc.

It shall be unlawful to affix any handbill, poster or advertisement
to any billboard, post or other place in the city, except by
paste or tacks, so as to hold the same securely and not allow them
to become detached or blown about the streets. It shall be unlawful
for any person to use the streets of the city for the purpose
of distributing handbills, posters or other similar written
or printed matter, without first obtaining the written permission
of the mayor and the chief of police. Any violation of this section
shall be punished by a fine of not less two dollars and fifty
cents nor more than fifty dollars, or by confinement in jail for a
period of not less than ten days nor more than six months, or
both. (Code 1932, § 191; Ord. Dec. 2, 1935.)

Sec. 31. Imitating police whistle.

Any person who shall blow a whistle in imitation of the police
signal, or attempt to do so, shall be fined not more than fifty dollars
for each such offense. (Code 1932, § 271.)

Sec. 32. Indecent books, pictures, statuary, etc.

It shall be unlawful for any person to print, engrave, make,
exhibit, post or put up, sell or offer for sale or other purposes,
or dispose of any indecent, immodest or lascivious books, pamphlets,
papers, pictures or statuary. Any one violating this section
shall be fined not less than two dollars nor more than ten
dollars for each offense. (Id., § 264.)

Sec. 33. Indecent exposure; obscene acts, language, etc.

Any person who shall indecently expose himself, or do any
obscene act, or write obscene language, or make obscene marks
or drawing on any wall, fence or other thing, or address any obscene,
lewd or profane language or words to another, or make

use of such language within the hearing of another, shall be fined
not less than one dollar nor more than five hundred dollars, or
confined in jail not exceeding six months, or both. (Id., § 262.)

Sec. 34. Injuring or defacing trees or property; leaving
gates open.

If any person willfully injures any fruit, shade or ornamental
tree or shrub planted by the city authorities or others, or willfully
injures or defaces any machinery, building, wall, monument
or base thereof, fence or enclosure, or any sign, awning or other
fixture or any other property, real or personal, not his own; or
posts up any show bill, notice or advertisement, or brands, writes,
marks or paints any sign, letters or characters upon the building,
wall, fence or property of another person, without first obtaining
the consent of the owner, or the agent of the owner of such
property, the person so offending shall be fined not less than one
dollar nor more than three hundred dollars for every separate
offense.

If any person, without permission of the owner, opens or leaves
open the gate of another, he shall be fined not less than one dollar
nor more than ten dollars. (Id., §§ 275, 295.)

Sec. 35. Interfering with females.

Any male person who shall, by signalling, addressing, soliciting,
catching hold of, or in any way interfering with the free passage
of any female person with whom he is not personally acquainted
for the purpose of inducing her to converse with, accompany
or ride with him shall be subject to a fine of not less than
ten dollars nor more than fifty dollars, or confinement of not less
than thirty days in jail, or both, for each offense. (Id., § 307.)

Sec. 36. Lewd persons; street walkers.

A lewd person who shall loiter or solicit upon the streets or in
any public place of the city at any time shall be fined not less

than ten dollars nor more than fifty dollars, or confined in jail
not exceeding six months, or both. (Id., § 270.)

Sec. 37. Marathon dances or contests.

It shall be unlawful for any person engaged in the operation of
any marathon or walking contest, marathon dance, walkathon or
other similar physical endurance contest, performance or exhibition
held in the city, to operate or conduct the same at any time.

It shall be unlawful for any person to participate in any marathon
or walking contest, marathon dance, walkathon or other similar
physical endurance contest, performance or exhibition in this
city.

Any person violating the provisions of this section shall, upon
conviction, be liable to a fine of not less than twenty-five dollars
nor more than one hundred dollars for each offense, and in addition
may, in the discretion of the court trying the case, be confined
in jail for a period of not more than thirty days for each
offense. (Ord. June 3, 1935.)

Sec. 38. Merry-go-rounds, etc.

It shall be unlawful for any person to operate a merry-goround
or similar machine at any place within the city unless it
be in such a situation as not to disturb or annoy any of the citizens
and unless, in addition, he shall first procure the written
consent of the residents, if any, living on contiguous property,
and take care that he does not obstruct or interfere with the use
of the streets by passers-by. He shall, while operating his machine,
preserve the peace and keep good order on the premises
on which his machine is operated, and to this end shall employ a
man approved by the mayor, who shall be appointed as special
policeman to keep order. Any violation of this section shall be
punishable by a fine of one hundred dollars. (Code 1932, § 259.)

Sec. 39. Noise, odors and fumes.

It shall be unlawful for any person to use or occupy any street

of the city for any purpose which will increase or cause unnecessary
noise, odors or fumes.

For a violation of this section the penalty shall be a fine of not
less than one dollar and not more than ten dollars for each offense.
(Ord. Aug. 3, 1937.)

Sec. 40. Obtaining credit, etc., with intent to defraud
hotel or boarding house.

Whoever puts up at a hotel or boarding house and, without
having an express agreement for credit, procures food, entertainment
or accommodation without paying therefor and with intent
to cheat or defraud the owner or keeper of such hotel or
boarding house out of the pay for same; or whoever, with intent
to cheat or defraud such owner or keeper out of the pay
therefor, obtains credit at a hotel or boarding house for such
food, entertainment or accommodation by means of any false
show of baggage or effects brought thereto; or whoever with
such intent obtains credit at a hotel or boarding house for such
food, entertainment or accommodation through any misrepresentation
or false statement, or with such intent removes or
causes to be removed any baggage or effects from a hotel or
boarding house while there is a lien existing thereon for the
proper charges due from him for fare and board furnished therein,
shall be punished by imprisonment not exceeding three months
or by fine of not less than five dollars nor more than fifty dollars,
or both. (Code 1932, § 300.)

Sec. 41. Occupying or using streets or public property
contrary to law.

Any person who undertakes to occupy or use any of the streets,
avenues, parks, bridges or other public places or public property,
or any public easement of any description in a manner not permitted
to the general public, or by ordinance, without having first
legally obtained the consent thereto by the city council, or a franchise
therefor, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than five dollars nor more than

fifty dollars, each day's continuance thereof to be a separate offense,
and such occupancy shall be deemed a nuisance, and the
court or justice trying the case shall have power to cause said
nuisance to be abated and to commit the offenders and all their
agents and employees engaged in such offenses to jail until such
order of the court shall be obeyed. (Id., § 194.)

Sec. 42. Offensive matter.

If any person shall place, or cause to be placed, in or on any
street or lot within the city limits, any thing or matter offensive
to any citizens, or to the public, or if any person shall suffer any
such matter to remain on any such lot owned or held by him, he
shall be fined not less than five dollars for every twenty-four
hours that such offensive matter may remain. (Id., § 332.)

Sec. 43. Pawnbrokers, junk and secondhand dealers—
Daily records of articles pawned and bought.

All pawnbrokers, junk dealers, dealers in secondhand clothing,
automobiles and other merchandise shall keep daily records of
every article taken in pawn or bought by said dealers; said records
to contain a full description of such articles, and to show
all distinguishing marks, numbers, brands, letters or monograms
of any kind on such articles, together with the names and addresses
of the parties from whom such articles were received.
(Id., § 304.)

Sec. 44. Same—Furnishing reports to chief of police.

All pawnbrokers, junk dealers, dealers in secondhand clothing,
automobiles and other merchandise shall furnish daily to the
chief of police, upon blanks to be prescribed by the chief, full and
complete lists of all articles taken in pawn or bought by said dealers
within the twenty-four hours next preceding the date of such
report, said lists to contain a full description of all such articles,
together with all marks, numbers, brands, letters or monograms
on such articles, and the names and addresses of the parties from
whom such articles were received. (Id.)

Sec. 45. Same—Penalty; revocation of license.

Any pawnbroker, junk dealer, dealer in secondhand clothing,
automobiles or other merchandise who shall fail to comply with
any of the provisions of this section shall, upon conviction, be
fined not less than five dollars nor more than twenty-five dollars
for each offense.

A conviction of any such pawnbroker, junk dealer, dealer in
secondhand clothing, automobiles or other merchandise of a violation
of this section may, in the discretion of the civil and police
justice, work an immediate revocation of the license of such offender.
(Id.)

Sec. 46. Petit larceny.

If any person shall steal from the person of another, money
or other thing of the value of less than five dollars, or if any person
commit simple larceny, not from the person of another, of
goods and chattels of less value than fifty dollars, he shall be
deemed guilty of petit larceny and fined not less than five dollars
nor more than one hundred dollars, or confined in jail not more
than six months, or both. (Code 1932, § 294.)

Sec. 47. Poolrooms, bowling alleys, shooting galleries,
etc.—Minors.

No minor under eighteen years of age shall be employed in,
play in, or loaf or loiter in or frequent any billiard saloon or poolroom,
unless attended by a parent, under penalty of not less than
two dollars nor more than twenty-five dollars for each offense.

No minor under sixteen years of age shall be employed in any
bowling alley or shooting gallery, under a penalty of not less than
two dollars nor more than twenty-five dollars for each offense.

If any owner or keeper of any such room as set forth above
shall allow any minor to violate the provisions of this section, he
shall be deemed to be equally guilty and fined a like sum. (Id.,
§ 281; Ord. Nov. 18, 1940.)

Sec. 48. Same—Hours; gambling.

All billiard saloons, poolrooms, bowling alleys, shooting galleries
and miniature golf courses shall be closed every night during
the week not later than 12:00 P. M. and remain closed until
7:00 A. M. the following morning.

No gambling, betting or gambling devices of any kind whatsoever
shall be permitted at any time, at any of the places named
in this section.

Violations of this section shall be punished by a fine of not
less than five dollars nor more than twenty-five dollars for each
offense; and if any owner or keeper of any such room or place as
set forth above shall permit the violation of any of the provisions
of this section, he shall be deemed to be equally guilty and fined
a like sum. (Code 1932, § 282.)

Sec. 49. Prize fights.

Any person who shall, within the city, give or perform in, or
be in any manner concerned in, any prize fight, shall be fined for
every such offense not more than five hundred dollars, or shall be
confined in jail not more than six months, or both. (Id., § 261.)

Sec. 50. Prostitution—Keeping or being inmate of house
of ill fame.

Any person who shall keep a house of ill fame, resorted to
for the purpose of prostitution or lewdness, and each inmate
thereof, shall be fined not less than twenty-five dollars nor more
than two hundred dollars, or confined in jail not exceeding three
months, or both. In a prosecution of this offense the general
character of the house may be proved. (Id., § 267.)

Sec. 51. Same—Frequenting house of ill fame.

Any person frequenting a house of ill fame, or visiting the
same for the purpose of lewdness, fornication or prostitution

shall be fined not less than twenty dollars nor more than one
hundred dollars, or confined in jail not exceeding thirty days, or
both. (Id., § 268.)

Sec. 52. Same—Renting property for use as house of
ill fame.

Any person who shall rent or lease property within the city
limits, either as owner or as agent for the owner, knowing that
the same is to be used as a house of ill fame, or is to be resorted
to for the purpose of prostitution, shall be fined not less than
twenty dollars nor more than one hundred dollars, and in addition
may be imprisoned not exceeding six months. (Id., § 265.)

Sec. 53. Same—Permitting use of property as house of
ill fame after notice.

Any owner or agent of the owner, having control of property
rented within the city limits, knowing that the same is being
used as a house of ill fame, or is being resorted to for the purpose
of prostitution, or after being notified by the chief of police
of the city that such property is being used for such purpose,
shall be fined not less than five dollars nor more than
twenty-five dollars for each day he shall permit said property to
be so occupied after such knowledge or notification, and in the
discretion of the court may be imprisoned not exceeding six
months; provided, that said owner or agent shall not have taken
due process of law to vacate said property. (Id., § 266.)

Sec. 54. Refuse matter thrown on streets or private
property.

It shall be unlawful for any one to throw into the streets or
sidewalks, or on private premises, any dead carcass, rubbish,
newspapers, hand bills, dirt, filth, shavings, manure, offal, ashes,
vegetables, fruit, broken glass, tacks, tin cans or any matter or
substance or thing calculated to render the streets or premises
unclean or unsightly or unsafe to any person or vehicle using
the streets, or liable to injuriously affect the health of the community.

Any person violating the provisions of this section shall
be fined not less than one dollar nor more than five dollars.

Nor shall any garbage, offal or filth be removed from private
premises and deposited within the city limits at any place except
such as may be designated by the city manager as a public
dumping ground. (Id., § 173.)

Sec. 55. Resisting or obstructing officers, employees,
etc.

Any person who shall resist or abuse or obstruct or hinder
any officer or employee of the city in the discharge of his duty,
or any contractor or other person in the execution of any work
for the city, shall, upon conviction, be fined not less than five dollars
nor more than one hundred dollars, or confined in jail not
more than ninety days, or both. (Id., § 273.)

Sec. 56. Riot, rout, assault and battery, etc.

Any person who shall be guilty of riot, rout or unlawful assembly,
or assault and battery, or any offense that will amount
to a breach of the peace, shall be fined not less than ten dollars
nor more than five hundred dollars, or confined in jail not exceeding
six months, or both. (Id., § 290.)

Sec. 57. Slot machines.

(a) It is unlawful for any person, other than a duly licensed
dealer in slot machines bona fide storing such machines in bulk for
sale outside of this state only and in jurisdictions where the operation
of such machines is not forbidden by law:

(1) To manufacture, own, store, keep, possess, sell, rent,
lease, let on shares, lend or give away, transport, or expose for
sale or lease, or to offer to sell, rent, lease, let on shares, lend or
give away, or to permit the operation of, or for any person to
permit to be placed, maintained, used or kept in any room, space
or building owned, leased or occupied by him or under his management
or control, any slot machine or device as hereinafter defined.

(2) To make or permit to be made with any person any agreement

with reference to any slot machine or device, as hereinafter
defined, pursuant to which the user thereof, as a result of any element
of chance or other outcome unpredictable to him, may become
entitled to receive any money, credit, allowance or thing of
value or additional chance or right to use such machine or device,
or to receive any check, slug, token or memorandum entitling
the holder to receive any money, credit allowance or thing
of value.

(b) Any machine, apparatus, or device is a slot machine or
device within the provisions of this section if it is one that is
adapted for use in such a way that, as a result of the insertion of
any piece of money or coin or other object, such machine or device
is caused to operate or may be operated, and by reason of
any element of chance or of other outcome of such operation unpredictable
by him, the user may receive or become entitled to
receive any piece of money, credit, allowance or thing of value
or any check, slug, token or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance
or thing of value, or which may be given in trade, or the
user may secure additional chances or rights to use such machine,
apparatus or device; irrespective of whether it may, apart from
any element of chance or unpredictable outcome of such operation,
also sell, deliver or present some merchandise, indication of
weight, entertainment or other thing of value.

(c) Any person who violates any provision of this section
shall be guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than twenty-five dollars and not
more than one thousand dollars, or by confinement in jail not less
than thirty days and not more than twelve months, or by both
such fine and confinement.

(d) Any article or apparatus possessed, maintained, kept or
used in violation of the provisions of this section is hereby declared
to be a public nuisance and may, together with all money
and tokens therein, be seized under a search warrant issued in accordance
with law. Any money so seized shall be forfeited to the
city and such article or apparatus shall be destroyed. (Ord. Feb.
5, 1940.)

Sec. 58. Smoke nuisance.

The owner of any stationary steam boiler or locomotive engine
and the person employed in operating such boiler or locomotive
who shall permit or allow dense smoke to issue or be emitted
from the smokestack of such steam boiler or locomotive engine
within the corporate limits of the city shall be deemed and held
guilty of creating a nuisance and shall, for every such offense,
be fined not less than five dollars nor more than fifty dollars; provided,
however, that the term "stationary boiler," as used in this
section, shall not be construed to include steam boilers used only
for heating of residences. (Ord. Jan. 3, 1944.)

Sec. 59. Smoking in theatres.

It shall be unlawful to smoke in any theatre or moving picture
house, except in the lobby.

Any person violating this section, shall be fined not less than
five dollars nor more than twenty-five dollars. (Code 1932, §
305.)

Sec. 60. Spitting.

No person shall expectorate on any sidewalk or street crossing,
or in any church or public building or on the steps or doorways
thereof, or the steps or doorway of any store or office
building, or on the floor or pavement of any railroad station or
other public place. For any violation of this section the offender
shall be fined not less than one dollar nor more than five dollars
for each offense. (Id., § 177.)

Sec. 61. Street drumming.

Any person who shall obstruct or unduly interfere in any way
with the passage of persons along any of the streets or sidewalks
of the city for the purpose of inducing them to purchase any
article or thing or to enter any shop, store or stall, or any hotel,
boarding house or restaurant or like establishment, or who shall
importune passers-by to make any such purchase or enter any

such establishment, or who shall in any disorderly or undue manner
solicit trade, custom or patronage in or along the streets or
sidewalks of the city, shall be punished by a fine of not less than
five dollars nor more than twenty-five dollars. (Id., § 189.)

Sec. 62. Sunday—Laboring at trade or calling.

If a person on a Sunday be found laboring at any trade or
calling, or employ his apprentices or servants in labor or other
business, except in household or other work of necessity or charity,
he shall be deemed guilty of a misdemeanor and upon conviction
thereof, shall be fined not less than five dollars for each offense.
Every day any person or servant or apprentice is so employed
shall constitute a distinct offense and the court in which
or the justice by whom any judgement of conviction is rendered
may require of the person so convicted a recognizance in a penalty
of not less than one hundred or more than five thousand dollars,
with or without security, conditioned that such person shall
be of good behavior, and especially to refrain from a repetition
of such offense, for a period not exceeding twelve months. This
section shall not apply to furnaces, kilns, plants and other business
of like kind that may be necessary to be conducted on Sunday,
nor to the sale of gasoline or any motor vehicle fuel, or any
motor oil. (Id., § 276; Ord. Aug. 15, 1932.)

Sec. 63. Same—Sale of wine.

It shall be unlawful to sell within the limits of the city any
wine between the hours of 12:00 M. of each Saturday and 6:00
A. M. of each Monday, and it shall be unlawful for any person
holding a license to sell wine in the city to permit the consumption
of wine on the premises mentioned in said license between
said hours. Any violation of the provisions of this section shall
be punished by a fine of not less than fifty dollars and not more
than five hundred dollars, or by imprisonment in the city jail for
not less than thirty days and not more than six months, or by
both such fine and imprisonment. (Ord. June 21, 1943.)

Sec. 64. Threatening messages.

It shall be unlawful for any person to send any message or
communication threatening another with any punishment other
than that contemplated by law, and any violation of this section
shall be punished by a fine of not less than ten dollars nor more
than twenty-five dollars, or by confinement in jail not more than
sixty days, or both. (Code 1932, § 292.)

Sec. 65. Tobacco sales, etc., to minors.

If any person sell, barter, give or furnish, or cause to be sold,
bartered, given or furnished to any minor under sixteen years
of age, cigarettes or tobacco in any form, having good cause to
believe such minor to be under sixteen years of age, he shall be
fined not less than ten dollars nor more than one hundred dollars.
(Id., § 283.)

Sec. 66. Trespass.

If any person shall unlawfully trespass upon any private property
within the city he shall, upon the complaint of the owner
or occupant of such property, be fined not less than one dollar
nor more than twenty-five dollars for each offense, or be confined
in jail not exceeding sixty days, or both. In cases where the trespass
is committed upon the property owned by the city or other
public property, upon the complaint of the official having charge
of said property the offender shall be fined in like manner as
aforesaid. (Id., § 293.)

Sec. 67. Unlawful assemblages.

The assembling and collecting together of persons on the
streets, sidewalks or other public places, in such manner as to
block and obstruct free passage shall not be permitted, and it shall
be the duty of the police to disperse such assemblages.

The assembling or collecting of persons on private premises in

such unusual numbers as to excite suspicion shall not be permitted,
and it shall be the duty of the police to disperse such assemblages
and to arrest such members of the assemblage as have
been guilty of disorder.

Premises whereon such assemblages gather shall, when tenants
of near-by houses are disturbed, or for similar reasons, be
deemed disorderly, and the owner may, and the occupants shall,
be held responsible, under penalties not exceeding five dollars for
each offense.

Any and all persons refusing to disperse after being required
to do so by any officer shall be fined not less than five dollars nor
more than twenty dollars. (Id., § 179.)

Sec. 68. Untrue, deceptive or misleading advertising.

Any person, who, with intent to sell or in any wise dispose of
merchandise, securities, service or anything offered by such person,
directly or indirectly, to the public for sale or distribution,
or with intent to increase the consumption thereof, or to induce
the public in any manner to enter into any obligation relating
thereto, or to acquire title thereto, or an interest therein, makes,
publishes, disseminates, circulates or places before the public or
causes, directly or indirectly, to be made, published, disseminated,
circulated or placed before the public, in this city, in a newspaper
or other publication, or in the form of a book, notice, handbill,
poster, bill, circular, pamphlet or letter, or in any other way, an
advertisement of any sort regarding merchandise, securities, service
or anything so offered to the public, which advertisement contains
any assertion, representation or statement of fact which is
untrue, deceptive or misleading, shall be guilty of an offense punishable
as hereinafter provided. (Id., § 309.)

Sec. 69. Same—What deemed deceptive advertising.

It shall be deemed deceptive advertising and a violation of the
provisions of section 68 for any person engaged in the business
of buying and selling new or secondhand articles or merchandise,
or other property, real or personal, or in the business of furnishing

any kind of service, to advertise by means of "liner ads" in
a newspaper or otherwise, such articles, property or service for
sale in a manner indicating that the sale is being made by a householder
or private party not engaged in such business; and every
person engaged in any such business shall, in advertising goods,
property or service for sale, either through "liner ads" or otherwise,
affirmatively and clearly indicate that the seller is engaged
in such business and is not a private party.

It shall be deemed deceptive advertising and a violation of the
provision of section 68 for any person, in a newspaper or other
publication, or in any other manner hereinbefore set out, to offer
to the public, for sale or distribution, any merchandise which is
secondhand or used merchandise, or which is defective in any manner,
or which consists of articles or units or parts known as "seconds"
or blemished merchandise, or which has been rejected by
the manufacturer thereof as not first class, unless there be conspicuously
displayed in direct connection with the name and description
of such merchandise and each specific article, unit or
part thereof, an unequivocal statement, phrase or word which will
clearly indicate that such merchandise or each article, unit or part
thereof so advertised is secondhand, used, defective or consists
of "seconds" or is blemished merchandise, or has been rejected
by the manufacturer thereof as not first class, as the fact may be.
(Id.)

Sec. 70. Same—Penalty.

Any person violating any of the provisions of sections 68 and
69 shall be liable to a fine of not less than twenty nor more than
five hundred dollars, and each day's publication or continuance
shall be deemed a separate offense. (Id.)

Sec. 71. Vacant lots; cutting weeds and foreign growth.

All owners of vacant properties situated in the city are hereby
required to cut all weeds and other foreign growth growing
on said properties within one hundred feet of any residence and
to maintain said properties in a sightly condition. In the event
any such owner fails or refuses to cut such weeds and other foreign

growth, the same can be done by the city, and the expenses
incidental to the cutting of such weeds and other foreign growth
shall be chargeable to and paid by the owner of the property and
shall be collected as other taxes and levies are collected. (Ord.
June 5, 1939.)

Sec. 72. Vagrants—Persons deemed vagrants.

The following persons shall be deemed vagarants:

First. All persons who shall unlawfully return to this city after
having been legally removed.

Second. All persons who, not having wherewith to maintain
themselves and their families, live idly and without employment
and refuse to work for the usual and common wages given to
other laborers in like work in the city.

Third. Persons wandering or strolling about in idleness who
are able to work and have no property to support them.

Fourth. Persons leading an idle, immoral or profligate life,
who have no property to support them and who are able to work
and do not.

Fifth. All able-bodied persons found begging for a living, or
who quit their homes and leave their wives or children without
the means of subsistence.

Sixth. All persons who shall come from any place without
this city and shall be found loitering and residing herein, and who
shall follow no labor, trade, occupation or business, and have no
visible means of subsistence, and can give no reasonable account
of themselves or their business.

Seventh. All persons having a fixed abode who have no visible
property to support them, and who live by stealing or by
trading or bartering stolen property.

Eighth. All persons who are able to work and who do not
work, but hire out their minor children and live upon their wages.
(Code 1932, § 285.)

Sec. 73. Same—How dealt with.

It shall be the duty of the police, the city sergeant and other

city officials to give information, under oath to any officer empowered
by law to issue criminal warrants, of all vagrants within
their knowledge, or persons whom they have good reason
to suspect of being vagrants in the city; and thereupon, or upon
the complaint of any person upon oath, the said officer shall issue
a warrant for the arrest of the person alleged to be a vagrant,
and he shall be brought before the civil and police justice
and, upon conviction, shall be punished by confinement in jail
for not more than ninety days and, upon conviction of a second
offense, shall be confined in jail not more than six months; but
the civil and police justice or the court before which the case
may be tried may permit such persons so convicted to give bond
with sufficient security, in an amount not exceeding five hundred
dollars nor less than one hundred dollars, conditioned upon his
future industry and good conduct for one year; and upon giving
such bond such person shall be set at liberty without undergoing
the punishment imposed by his conviction. It shall be sufficient
defense to the charge of vagrancy under this section that the defendant
has made reasonable bona-fide efforts to obtain employment
at reasonable prices for his labor and has failed to obtain
the same. (Id.)

Sec. 74. Same—Railroads, etc., bringing vagrants into
city.

Any railroad company or the owner of any conveyance bringing
to or leaving in the city any vagrant may be compelled to
take any such person back to the place whence he was brought
and, upon failure to do so after two days' notice, such railroad
company or such owner of any conveyance referred to above shall
be fined not less than five dollars nor more than ten dollars for
each day the failure to remove continues. (Id.)

Sec. 75. Weapons—Carrying concealed weapons.

If any person carry about his person, hid from common observation,
any pistol, dirk, bowie knife, razor, slungshot, or any
weapon of like kind, he shall be fined not less than twenty-five

dollars nor more than one hundred dollars, or be committed to
jail for not more than ninety days, or both, in the discretion of
the court, and such weapons shall be forfeited and sold in such
manner as the civil and police justice may deem best, and the proceeds
paid into the city treasury. Provided, however, that no
person shall be punishable under this section who has been
granted permission to carry concealed weapons in accordance
with the laws of Virginia. (Code 1932, § 287.)

Sec. 76. Same—Shooting within city.

Any person who shall shoot any gun, pistol or other firearm,
within the limits of the city, except in case of urgent necessity,
or in licensed shooting galleries, shall be fined not less than five
dollars nor more than fifty dollars for each offense. (Id., § 288.)

Sec. 77. Same—Sales, etc., to minors.

If any person sell, barter, give or furnish, or cause to be sold,
bartered, given or furnished to any minor under eighteen years
of age, firearms, cartridges, dirks or bowie knives, having good
cause to believe such minor to be under eighteen years of age, he
shall be fined not less than ten dollars nor more than one hundred
dollars.

The term "firearms," as used in this section, shall be construed
to include any gun, rifle or pistol adapted to the use in any form
of powder and shot (or balls) or cartridges, whether such firearms
be called "toy pistols," "toy guns," or otherwise. (Id.
§ 283.)