CHAPTER 19.
Article I. In General.
§ 19-1. Abusive or profane language.
§ 19-2. Adultery or fornication.
§ 19-3. Repealed.
§ 19-4. Same—Defacing or tearing down.
§ 19-5. Same—Untrue, deceptive or misleading advertising.
§ 19-6. Same—Same—What deemed deceptive advertising.
§ 19-7. Reserved.
§ 19-8. Aircraft—Altitude over city.
§ 19-9. Same—Dropping advertising matter.
§ 19-10. Annoying or interfering with pupils of schools.
§ 19-11. Bad checks, etc.—Issuance prohibited.
§ 19-12. Same—Prima facie evidence of intent and knowledge.
§ 19-13. Same—Meaning of "credit".
§ 19-14. Same—Evidence in action for false imprisonment.
§ 19-15. Repealed.
§ 19-16. Carnivals and like exhibitions—Deposit to pay cost of policing.
§ 19-17. Same—Indecent shows or illegal games—Bond.
§ 19-18. Same—Same—Penalty; liability of surety on bond.
§ 19-19. Reserved.
§ 19-20. Curfew.
§ 19-21. Dance halls.
§ 19-22. Dangerous missiles; air guns, gravel shooters, etc.
§ 19-23. Defrauding hotels, boardinghouses, etc.
§ 19-23.1. Detectives and detective agencies—Detective review board; permits.
§ 19-24. Disguises and masks in public.
§ 19-25. Disorderly conduct.
§ 19-26. Disturbing public assemblies.
§ 19-27. Disturbing public worship.
§ 19-28. Drunkenness.
§ 19-29. Failure or refusal to assist officer.
§ 19-30. Failure to deliver food or refund money where money accepted in
advance.
§ 19-31. Flying kites or playing ball in streets.
§ 19-32. Gambling—Keeping gaming table or device.
§ 19-33. Same—Keeping place for gaming.
§ 19-34. Same—Betting or participating in gambling.
§ 19-35. Same—Playing "craps."
§ 19-36. Same—Lotteries, raffles and bingo games.
§ 19-37. Gates—Leaving open.
§ 19-37.1. Halloween—Trick or treat visitations; special curfew.
§ 19-38. Houses of ill fame—Keeping or being inmate of house of ill fame.
§ 19-39. Same—Frequenting.
§ 19-40. Same—Renting property for use as house of ill fame.
§ 19-41. Same—Permitting use of property as house of ill fame after notice.
§ 19-42. Imitating police whistle.
§ 19-43. Indecent, obscene, etc., books, pictures, statuary, etc.
§ 19-44. Indecent exposure, obscene acts, language, etc.
§ 19-45. Injuring or defacing trees, shrubs, property, etc.
§ 19-45.1. Inoperative motor vehicles—Keeping of prohibited in certain districts.
§ 19-46. Interfering with females.
§ 19-47. Lewd persons; street walkers.
§ 19-47.1. Loitering in, obstructing, etc., streets, public places, etc.
§ 19-47.2. Malicious injury to public or religious buildings or property.
§ 19-48. Marathon dances or contests.
§ 19-49. Medicines, salves, etc.—Sale on streets.
§ 19-50. Merry-go-rounds, etc.
§ 19-51. Noise, odors and fumes; disturbing others.
§ 19-52. Occupying or using streets or public property contrary to law.
§ 19-53. Offensive matter.
§ 19-54. Pawnbrokers, junk and secondhand dealers — Daily records of articles
pawned or bought.
§ 19-55. Same—Reports to chief of police.
§ 19-56. Same—Penalty; revocation of license.
§ 19-57. Petit larceny.
§ 19-58. Poolrooms, bowling alleys, shooting galleries, etc. — Minors in poolrooms
or billiard saloons.
§ 19-59. Same — Hours; gambling.
§ 19-60. Prize fights.
§ 19-61. Refrigerators, etc.—Discarded or abandoned.
§ 19-62. Refuse matter thrown on streets or private property; dumping.
§ 19-63. Resisting or obstructing officers, employees, etc.
§ 19-64. Riot, rout, assault and battery, etc.
§ 19-65. Sirens.
§ 19-66. Slot machines—Manufacturing, keeping, etc.
§ 19-67. Same—Definition.
§ 19-68. Same—Seizure and destruction; forfeiture of money.
§ 19-69. Reserved.
§ 19-70. Smoke.
§ 19-71. Smoking in theatres.
§ 19-72. Soliciting trade or business on streets.
§ 19-73. Spitting.
§ 19-74. Sunday—Working or transacting business.
§ 19-75. Repealed.
§ 19-76. Threatening messages.
§ 19-77. Tobacco—Sales, etc., to minors.
§ 19-78. Trespass.
§ 19-79. Unlawful assemblages.
§ 19-80. Vagrants—Persons deemed vagrants.
§ 19-81. Same—How dealt with.
§ 19-82. Reserved.
§ 19-83. Weapons—Carrying concealed weapons.
§ 19-84. Same—Shooting within city.
§ 19-85. Same—Sales, etc., to minors.
§ 19-85.1. Same — Sale of firearms, dirks or Bowie knives — Permit required.
§ 19-85.2. Same—Same—Records of sales of firearms.
§ 19-86. Weeds, etc., on vacant lots.
§ 19-86.1. Weeds, shrubbery, trees and other vegetation; unlawful conditions.
§ 19-87. Wells—Filling or covering.
Article II. Driving Vehicles or Trains While Under Influence
of Intoxicants or Drugs.
§ 19-88. Adoption of state law.
§§ 19-89 to 19-92. Repealed.
Article I. In General.
Sec. 19-1. Abusive or profane language.[315]
No person shall, in the presence or hearing of another, curse or
abuse such person, or use any violently abusive language to such
person concerning himself or any of his relations, under
circumstances reasonably calculated to provoke a breach of the
peace. (Code 1959, § 19-1.)
Sec. 19-2. Adultery or fornication.[316]
No person shall commit adultery or fornication. (Code 1959, §
19-2.)
Sec. 19-3. Repealed by Ordinance passed March 19, 1973.
Sec. 19-4. Same—Defacing or tearing down.
No person shall tear down or deface any lawfully posted design,
bill or advertisement, so long as the same may be of any benefit to
the party posting it; provided, that nothing herein shall prevent
anyone from tearing down advertisements posted on his premises.
(Code 1959, § 19-4.)
Sec. 19-5. Same — Untrue, deceptive or misleading advertising.[317]
No person shall, with intent to sell or in anywise 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, make, publish, disseminate, circulate or place
before the public or cause, 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. (Code 1959, § 19-5.)
Sec. 19-6. Same—Same—What deemed deceptive advertising.
It shall be deemed deceptive advertising and a violation of
the provisions of section 19-5 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 provisions of section 19-5 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 consist 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.
(Code 1959, § 19-6.)
Sec. 19-7. Reserved.
Sec. 19-8. Aircraft—Altitude over city.
It shall be unlawful for any person operating any airplane,
dirigible, blimp, balloon or other aircraft, 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 city manager. (Code 1959, § 19-8.)
Sec. 19-9. Same—Dropping advertising matter.
It shall be unlawful for any person in any airplane, dirigible,
blimp, balloon or other aircraft to drop any advertising
matter within the city, except by written permission of the
city manager. (Code 1959, § 19-9.)
Sec. 19-10. Annoying or interfering with pupils of 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 public or private 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 observation of the regulations of such
institutions.
It shall be unlawful for any person to accompany or follow
any pupil of any public or private school in the city 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. (Code 1959, § 19-10.)
Sec. 19-11. Bad checks, etc.—Issuance prohibited.[318]
No person shall, with intent to defraud, make, draw, utter
or deliver any check, draft or other order for the payment of
money, not exceeding one hundred dollars, 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.
(Code 1959, § 19-11.)
Sec. 19-12. Same—Prima facie evidence of intent and knowledge.
In any prosecution under section 19-11, 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. (Code 1959, § 19-12.)
Sec. 19-13. Same—Meaning of "credit".
The word "credit," as used in sections 19-11 to 19-14, 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. (Code
1959, § 19-13.)
Sec. 19-14. Same—Evidence in action for false imprisonment.
In any civil action growing out of an arrest under section
19-11, 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 1959, § 19-14.)
Sec. 19-15. Repealed by Ordinance adopted September 18,
1972.
Sec. 19-16. Carnivals and like exhibitions — Deposit to pay
cost of policing.
No carnival or other like show or exhibition shall exhibit
within the city or 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 police department 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. (Code
1959, § 19-16.)
Sec. 19-17. Same—Indecent shows or illegal games—Bond.
No carnival or other like exhibition or show shall exhibit
within the city or outside the 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 carnival or exhibition. (Code 1959, § 19-17.)
Sec. 19-18. Same—Same—Penalty; liability of surety on
bond.
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 such carnival within the city or outside
the city within one mile of the city limits shall be
punished as provided in section 1-5. The proprietor and the
surety on his bond provided for in section 19-17 shall be liable
under the bond for any fine imposed under this section. (Code
1959, § 19-18.)
Sec. 19-19. Reserved.
Sec. 19-20. Curfew.
Except as provided in section 19-37.1, it shall be unlawful
for any person under the age of fifteen years to be in or upon
the streets or public parks of the city after 9:15 P. M., unless
accompanied by and in the care of his guardian or parent, or
some other adult with the consent of his parent or guardian,
or unless actually executing an emergency errand upon which
he has been sent by his 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 hour.
It shall be 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. (Code 1959, § 19-20.)
Sec. 19-21. 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 procure the business license required for dance halls. A
copy of this section shall be given to such person at the time
he obtains the business license.
No dance hall located within any restricted fire district,
as defined in the Building Code, shall remain open later than
12:00 Midnight, any night during the week. Any such dance
hall shall remain closed from 12:00 Midnight each night until
6:00 A. M. the following morning; provided, that with the
consent of the city manager and the chief of police, special
permission may be granted for particular dances and such
halls may remain open to such hour as may be specified in the
permission.
Members of the police force shall have the right to enter
any dance hall at all hours to see that the peace and quiet of
the city are preserved, and it shall be unlawful for the person
who obtained the business license for the dance hall to permit
disorderly conduct in such dance hall. Upon conviction
of violating this section the judge of the municipal court may,
in addition to the punishment imposed upon such conviction,
revoke the business license for such dance hall. There shall be
no proration of the business license if it is revoked as hereinabove
provided. (Code 1959, § 19-21; 3-6-67.)
Sec. 19-22. Dangerous missiles; air guns, gravel shooters,
etc.
No person shall throw stones, sticks or other dangerous
missiles or discharge arrows, nails or bullets from a bow or
cross-bow in or into any street or other public place, or anywhere
within the city limits discharge shot, gravel, bullets or
other similar substances from a gravel shooter, air gun or
similar implement. This section shall not be construed to
prohibit the use of bows and arrows on authorized archery
ranges. (Code 1959, § 19-22.)
Sec. 19-23. Defrauding hotels, boardinghouses, etc.[319]
No person shall put up at a hotel, motel or boardinghouse or
obtain food from a restaurant or other eating house and,
without having an express agreement for credit, procure food,
entertainment or accommodation without paying therefor and
with intent to cheat or defraud the owner or keeper of such
hotel, motel, boardinghouse, restaurant or other eating house
out of the pay for same; or with intent to cheat or defraud
such owner or keeper out of the pay therefor, obtain credit at a
hotel, motel, boardinghouse, restaurant or other eating house for
such food, entertainment or accommodation by means of any false
show of baggage or effects brought thereto; or, with such intent,
obtain credit at a hotel, motel, boardinghouse, restaurant or
other eating house for such food, entertainment or accommodation
through any misrepresentation or false statement; or,
with such intent, remove or cause to be removed any baggage
or effects from a hotel, motel, boardinghouse, restaurant or
other eating house while there is a lien existing thereon for the
proper charges due from him for fare and board furnished therein.
(Code 1959, § 19-23.)
Sec. 19-23.1. Detectives and detective agencies—Detective review
board; permits.
(a) For the purposes of this section, "detective" and "detective
agency" shall mean and include any person, firm, corporation,
association or partnership engaged in the business of, or
advertising, or representing himself, as being engaged in the
business of detecting, discovering or revealing crime or
criminals, or securing information for evidence relating thereto,
or discovering or revealing the identity, whereabouts, character
or actions of any persons or things.
(b)(1) In order to provide impartial review of applications for
permits to operate as detectives, there is hereby established a
detective review board, which shall have the duty of reviewing all
applications by persons, firms or corporations for a permit to
serve as detectives. In addition, the board shall have the duty of
reviewing information reported to it as to facts which could serve
as a basis for suspension or revocation of any permit previously
granted.
(2) The board shall consist of the Commonwealth's attorney,
commissioner of revenue and chief of police of the city, during
their terms of office. The board shall elect one of the members as
chairman.
(3) The board shall approve applications submitted to it,
unless there is evidence that the applicant is unfit to serve as a
private detective by reason of conviction of felony, or of
misdemeanors which indicate that the applicant exhibits a
tendency to drunkenness, violence or immorality.
(c) It shall be unlawful for any person to engage in the business
of a detective or a detective agency, without first having obtained
a permit to do so as provided in this section. Any permit
granted under this section shall be nontransferable.
It shall be the duty of each permittee to carry bodily injury
liability insurance in the amount of fifty thousand dollars for
each individual and one hundred thousand dollars for each
occurrence. A certificate of such insurance shall be filed with the
chief of police.
(d) Any person, firm, corporation, association or partnership,
desiring a permit, as required by this section shall make
application therefor to the chief of police on a form prescribed by
him. Such application shall be dated and shall be signed by the
individual applicant, or the members of the firm, association or
partnership applying, or for and on behalf of the corporation
applying by its president. Anyone signing an application shall
make oath that the information set forth therein is true and
correct. Any application to the chief of police, filed as provided in
this section shall contain:
(1) The name and business and home address of the
applicant;
(2) Place and date of his birth;
(3) All addresses at which applicant has resided in the past
ten years;
(4) A complete record of any arrests for or convictions of
crime;
(5) The type of discharge, if any, from the armed services of
the United States;
(6) Names and addresses of at least five former employers or
clients of the applicant; if applicant has never been employed, he
shall furnish at least three letters of recommendation from at
least three residents of this city;
(7) The length of time the applicant has resided in the city
preceding the date of the application;
(8) Whether the applicant is an individual, corporation,
association or partnership. Whenever the applicant is a firm,
corporation, association or partnership, the information required
for an individual applicant shall also be required for each
member or employee of such firm, corporation, association or
partnership who will be acting as a detective.
It shall be the duty of every person, whose address has been
listed in an application pursuant to this section to furnish and
keep on file with the chief of police his true home and business
address and to report changes therein.
Such application shall also be accompanied by two sets of
fingerprints and two photographs of the applicant, or if the
applicant is a firm, corporation, association or partnership, of all
the members, officers and employees of the applicant who will be
acting as detectives. Such fingerprints shall be taken by the
police department. Fingerprints so furnished shall become part
of the application and may be submitted to the Federal Bureau of
Investigation and to such other authorities as the chief of police
may deem advisable for comparison and record. Information
contained in applications submitted to the chief of police shall be
confidential, and the contents of such applications shall be
disclosed only to the board or as directed by order of a court of
competent jurisdiction.
Applications for permits filed as provided in this section shall
be accompanied by a fee of ten dollars for processing of such
application.
(e) Upon receipt of a completed application, the chief of police
shall cause investigation and review thereof to be conducted and
the results thereof submitted to the board, which shall approve
the issuance of a permit by the chief of police, as provided in
subsection (b)(3) above. In addition, the applicant shall be
provided suitable identification as a permittee. In the case of a
firm or corporation, each approved member thereof shall be
issued such identification. The identification issued shall carry in
easily read type a notice that the issuance of a permit does not
constitute any endorsement of the applicant by the city.
Identification papers so issued shall be carried by all licensed
detectives when performing duties as such, and shall be displayed
upon demand by any police officer or person being questioned.
Any applicant to whom the issuance of a permit has been
denied by the board shall have the right to appeal to the city
council; provided, that such appeal shall be filed within ten days
after receipt of notice of denial.
The board may order the suspension or revocation of permits
issued pursuant this section, when any person in control of the
business in question or acting as a detective under such permit,
violates any rule or regulation as provided for hereinafter, any
law of the state or provision of this Code or other ordinance of this
city when the violation of such rule, regulation, statute or ordinance
would be persuasive evidence that the applicant is unfit
to operate as a detective. No permit issued pursuant to this section
shall be revoked unless at a hearing before the board. The
chief of police may temporarily suspend any permit issued
under this section pending such a hearing and provided such hearing
be held within ten days of such suspension. Written notice
of such hearing shall be sent to the permittee at least five days
prior to the hearing by registered or certified mail to the address
given by him in his application. Mailing of this notice shall be
sufficient service.
Any permittee aggrieved by the decision of the board at a
hearing as provided for herein shall have a right of appeal to the
city council; provided, that such appeal is filed within ten days
after such hearing by a certificate filed with the clerk of the city
council.
(f) The chief of police may make rules and regulations for the
governing, control and conduct of detectives, detective agencies,
and like businesses; provided, that such rules and regulations
shall be subject to the approval of city council which approval
shall be given, and which rules shall become effective, only after
city council has followed the same procedure it uses for the
adoption of a general ordinance, and they shall have the same
effect as such an ordinance. (10-19-70.)
Sec. 19-24. Disguises and masks in public.[320]
It shall be unlawful for any person over twelve years of age to
appear in or upon any of the streets, highways, alleys, public
parks or other public places of the city in any mask or disguise
whereby the identity of such person is concealed, without
permission of the city manager or chief of police. (Code 1959, § 1924;
10-29-62.)
Sec. 19-25. Disorderly conduct.
No person, while in any public place, shall engage in any
conduct which reasonably may be expected to cause public
disorder or endanger public peace and good order and no person,
while in a private place, shall engage in any conduct which,
because it may be seen or heard in a public place, reasonably may
be expected to cause public disorder or endanger public peace and
good order. (Code 1959, § 19-25; 11-4-68.)
Sec. 19-26. Disturbing public assemblies.
No person shall wilfully or otherwise disturb any assembly of
persons at a theatre or other place of assembly, whether he is in
or outside of such assembly. (Code 1959, § 19-26.)
Sec. 19-27. Disturbing public worship.[321]
No person shall wilfully interrupt or disturb any assembly met
for the worship of God. (Code 1959, § 19-27.)
Sec. 19-28. Drunkenness.[322]
It shall be unlawful for any person to be drunk on the streets or
in any place of public resort in the city, or in any taxicab, bus or
other for-hire passenger vehicle operating within the city. (Code
1959, § 19-28.)
Sec. 19-29. Failure or refusal to assist officer.[323]
No 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.
(Code 1959, § 19-29.)
Sec. 19-30. Failure to deliver food or refund money where
money accepted in advance.
(a) 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:
"Meal tickets" shall 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.
"Restaurants, lunchrooms, cafes, hotels, boardinghouses
and public eating houses" shall mean any place of business where
food prepared for immediate consumption is served at tables or
counters for profit.
(b) It shall be unlawful for any person engaged in the
restaurant, cafe, hotel, lunchroom, boardinghouse 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 payer 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. (Code 1959,
§ 19-30.)
Sec. 19-31. Flying kites or playing ball in streets.
No person shall raise or fly a kite or play any game of ball in
the streets. No parent or guardian having the legal custody of any
minor shall permit such minor to violate the provisions of this
section. (Code 1959, § 19-31.)
Sec. 19-32. Gambling—Keeping gaming table or device.[324]
No person shall keep or exhibit a gaming table, commonly
called A. B. C., or E. O. table, wheel of fortune, nickel-in-the-slot
machine, faro bank, keno table, race-course table, racehorse 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.
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 municipal judge, and the money
so seized shall be forfeited to the city and the device or apparatus
so seized shall be destroyed. (Code 1959, § 19-32.)
Sec. 19-33. Same—Keeping place for gaming.
No person shall keep or maintain a house or apartment or room
in which games of cards or of chance are habitually played for
money or anything to be cashed in as money. (Code 1959, § 19-33.)
Sec. 19-34. Same—Betting or participating in gambling.[325]
It shall be unlawful for any person to bet, wager or play at any
game for money or any article of value. (Code 1959, § 19-34.)
Sec. 19-35. Same—Playing "craps".
No person shall play the game commonly called craps, within
the city. (Code 1959, § 19-35.)
Sec. 19-36. Same—Lotteries, raffles and bingo games.[326]
(a) No person shall set up or promote, or be concerned in
managing or drawing a lottery or raffle for money or other thing
of value, or knowingly permit such lottery in any house under his
control, or knowingly permit 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 permit 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, for himself or another person, buy, sell or
transfer, or have 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.
(b) This section shall not apply to any bingo game or raffle
conducted solely by any of the following:
(1) A voluntary fire department or rescue squad which has
been recognized by an ordinance or resolution of the city as being
a part of the safety program of such political subdivision;
(2) An organization, which, for purposes of this section, shall
be defined as any of the following which operates without profit
and which has been in existence continuously for a period of two
years immediately prior to seeking a permit as hereinafter
provided:
a. A corporation, trust, church, association, community
chest, fund or foundation organized and operated exclusively for
religious, charitable, scientific, literary, community or
educational purposes;
b. Posts or associations of war veterans or auxiliary units
or societies of any such posts or associations, if such posts,
associations, units or societies are organized in the United States
or any of its possessions;
c. A fraternal society, order or association operating under
the lodge system;
d. A corporation or association organized and operated
exclusively for the restoration and maintenance of historic
gardens and the general promotion of beautiful gardens.
Provided, that no part of the gross receipts derived from such
activity inures directly or indirectly to the benefit of any private
shareholder, member, agent or employee of any such volunteer
fire department, rescue squad or organization; and provided
further, that any such volunteer fire department, rescue squad or
organization shall not enter into a contract with any person or
firm, association, organization, partnership or corporation of any
classification whatsoever, for the purpose of organizing,
managing or conducting bingo games or raffles. Such volunteer
fire department, rescue squad or organization may delegate the
authority or duty of organizing, managing or conducting
bingo games or raffles only to a natural person or persons who
are bona fide members of such volunteer fire department, rescue
squad or organization. No such volunteer fire department, rescue
squad or organization shall conduct any bingo game or raffle
without first having obtained an annual permit from the city
council. No such volunteer fire department, rescue squad or
organization shall place or permit to be placed on the premises
or within one hundred yards of the premises, where
such bingo game is to be conducted, any sign or signs advertising
such bingo game. Records of all receipts and disbursements
shall be kept and shall be filed annually with the
commissioner of accounts of the circuit court for the city, and
such records shall be a matter of public record. The city
council may revoke the permit of any volunteer fire department,
rescue squad or organization found to be not in compliance
with this subsection, and any person, shareholder,
agent, member or employee of any such volunteer fire
department, rescue squad or organization violating this
subsection shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine not to exceed one thousand
dollars.
Should any volunteer fire department, rescue squad or
organization be found in violation of this subsection, then the
commonwealth's attorney may, in addition to the foregoing
criminal penalty, apply to any court of competent jurisdiction for
an injunction against such volunteer fire department, rescue
squad or organization from continuing to run bingo games or
raffles for a period not to exceed three years from the date of such
violation. (Code 1959, § 19-36; 8-20-73.)
Sec. 19-37. Gates—Leaving open.[327]
No person shall, without permission of the owner, open or
leave open the gate of another. (Code 1959, § 19-37.)
Sec. 19-37.1. Halloween—Trick or treat visitations; special
curfew.
(a) It shall be unlawful for any person to appear on the
streets, highways, public homes, private homes or public
places in the city to make trick or treat visitations; except,
that this subsection shall not apply to children twelve years of
age and under on Halloween night.
(b) A special curfew hour of 10:00 P. M. on Halloween
evening is hereby established for the trick or treat visitations
permitted by subsection (a) of this section.[328]
(10-29-62.)
Sec. 19-38. Houses of ill fame—Keeping or being inmate of
houses of ill fame.[329]
No person shall keep a house of ill fame, resorted to for
the purpose of prostitution or lewdness. Both the keeper
thereof and each inmate thereof shall be subject to punishment
as provided in section 1-5. In a prosecution of this offense, the
general character of the house may be proved. (Code 1959, §
19-38.)
Sec. 19-39. Same—Frequenting.[330]
No person shall frequent a house of ill fame or visit the
same for the purpose of lewdness, fornication or prostitution.
(Code 1959, § 19-39.)
Sec. 19-40. Same—Renting property for use as house of ill
fame.
No person shall rent or lease property within the city,
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. (Code 1959, § 19-40.)
Sec. 19-41. Same—Permitting use of property as house of ill
fame after notice.
No owner of, or any agent having control of, property
rented within the city, 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
that such property is being used for such purpose, shall
permit such property to be so occupied after such knowledge
or notice; provided, that no such owner or agent shall be
punished for a violation of this section if such owner or agent
shall have taken due process of law to vacate the property.
(Code 1959, § 19-41.)
Sec. 19-42. Imitating police whistle.
No person shall blow a whistle in imitation of the police
signal, or attempt to do so. (Code 1959, § 19-42.)
Sec. 19-43. Indecent, obscene, etc., books, pictures, statuary,
etc.
Editor's note.—The city has no ordinance relative to obscene or
indecent publications, statuary, etc., but enforces the state law on the
subject. For state law prohibiting the production, publication, sale, possession,
etc., of obscene items, see Code of Va., §§ 18.1-227 to 18.1236.3.
Sec. 19-44. Indecent exposure; obscene acts, language, etc.[331]
No person 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. (Code 1959, § 19-44.)
Sec. 19-45. Injuring or defacing trees, shrubs, property, etc.[332]
No person shall do any of the following acts:
(a) Injure or tamper with any tree, shrub, bush or flowers
planted by the city or others on public property or within
public rights of way.
(b) Wilfully injure or deface any motor vehicle, machinery,
building, wall, monument or base thereof, fence or enclosures
or any sign, awning or other fixture or any other property,
real or personal, not his own.
(c) Post any show bill or notice or advertisement or brand,
write, mark or paint any sign, letters or characters upon a
building, a wall, whether interior or exterior, a tree, a fence
or any other property of another person, without first obtaining
the consent of the owner or the agent of the owner of such
property. (Code 1959, § 19-45; 3-7-60; 4-15-63.)
Sec. 19-45.1. Inoperative motor vehicles — Keeping of prohibited
in certain districts.
It shall be unlawful for any person to keep, except within
a fully enclosed building or structure, on any property zoned
for the uses set forth in articles IV through X, inclusive, of
appendix II any motor vehicle whose condition is such that
it is economically impractical to make it operative. (8-15-66;
5-3-71.)
Sec. 19-46. Interfering with females.
No male person shall, by signalling, addressing, soliciting,
catching hold of or in any other way, interfere 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. (Code 1959, § 19-46.)
Sec. 19-47. 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 punished
as provided in section 1-5. (Code 1959, § 19-47.)
Sec. 19-47.1. Loitering in, obstructing, etc., streets, public
places, etc.
(a) No person shall loiter, lounge or sleep in or upon any
street, park or public place or in any public building, or obstruct
the access to any public building or any part thereof,
or obstruct passage through or upon any public street, park
or public place.
(b) For the purposes of this section, the term "loiter" shall
encompass, but shall not necessarily be limited to, one or more
of the following acts:
(1) Obstruction of the free, unhampered passage of pedestrians
or vehicles.
(2) Obstructing, molesting or interfering with any person
lawfully upon any street, park or other public place.
(3) Remaining idle in essentially one location without
being able to establish having a legitimate business or purpose
in so remaining idle, or, by general conduct, exhibiting
the absence of a lawful purpose in so remaining idle.
(4) Conduct involving the concept of standing idly by,
loafing, walking about aimlessly without purpose and including
the colloquial expression of "hanging around".
(5) Refusing to move on when so requested by a peace
officer, provided the peace officer has exercised his discretion
reasonably under the circumstances in order to preserve or
promote public peace and order.
(c) For the purpose of this section, the term "other public
place" shall be deemed to include the quasi-public area in
front of or adjacent to any store, shop, restaurant, luncheonette
or other place of business and shall include also any
parking lots or other vacant private property not owned or
under the dominion of the person charged with a violation of
this section.
Sec. 19-47.2. Malicious injury to public or religious buildings
or property.[333]
(a) No person shall do any of the following acts:
(1) Wilfully destroy, defile, deface or otherwise injure
any public building or property or part thereof or appurtenance
thereto.
(2) Wilfully destroy, defile, deface or otherwise injure
any building or structure used or designed for use as a place
of religious worship or instruction or any part thereof or
appurtenance thereto, or any book, religious vestment, furniture,
ornament, musical instrument, article of silver or plated
ware or other chattel or property kept therein.
(3) Brand, write, mark or paint any sign, letters or
characters of an obscene or disparaging nature on any public
building or monument or upon any building or structure used
or designed for use as a place of religious worship or instruction
or upon any part of such buildings, whether such part is
interior or exterior.
(4) Attempt to commit any acts prohibited by this section.
(b) The possession of paint, ink, stain, varnish, dye or any
other substance which leaves a mark, without authority of
the owner, lessee or agent of the owner, by a person apprehended
upon public property, in a public building or upon the
grounds of any building or structure used or designed to be
used as a place of religious worship or instruction shall be
prima facie evidence of an intent to defile, deface, brand,
write, mark or paint such structure or building as is prohibited
by this section. (3-7-60.)
Sec. 19-48. Marathon dances or contests.[334]
It shall be unlawful for any person to operate or conduct
any marathon or walking contests, marathon dance, walkathon
or other similar physical endurance contest, performance
or exhibition in the city 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. (Code 1959, § 19-48.)
Sec. 19-49. Medicines, salves, etc.—Sale on streets.
It shall be unlawful for any person to sell or offer for sale
any medicines, salves or liniments on the streets, alleys or
other public ways of the city. (Code 1959, § 19-49.)
Sec. 19-50. Merry-go-rounds, etc.
It shall be unlawful for any person to operate a merry-go-round
or similar machine at any place within the city unless
it is 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. (Code 1959,
§ 19-50.)
Sec. 19-51. Noise, odors and fumes; disturbing others.
(a) 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.
(b) No person shall by use of a telephone, improperly and
without just cause, annoy or disturb another, or operate or
permit to be operated on his premises any loudspeaker, juke
box, record player, radio, phonograph or any other mechanical
sound device which annoys or disturbs the public off of such
premises. Each particular act shall constitute a separate offense.
(Code 1959, § 19-51; 11-4-68.)
Sec. 19-52. Occupying or using streets or public property contrary
to law.
No person shall undertake 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 of
the city council, or a franchise therefor. Each day's continuance
thereof shall constitute a separate offense. Such occupancy
shall be deemed a nuisance and the court or judge
trying the case shall have power to cause such 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.
The parking of a vehicle on the city streets for the purpose
of displaying or selling merchandise shall be deemed a violation
of this section; provided, that temporary stops for the
purpose of making sales by persons licensed as peddlers or
persons of whom no peddler's license is required shall not be
deemed a violation, but no stop by any vehicle at one place
for a period in excess of thirty minutes shall be considered
temporary, and no vehicle shall make more than one stop in
any one block within twenty-four hours. (Code 1959, § 19-52.)
Sec. 19-53. Offensive matter.
No person shall place or cause to be placed, in or on any
street or lot within the city, any thing or matter offensive
to any citizens, or to the public, nor shall any person suffer
any such matter to remain on any such lot owned or held by
him. Every twenty-four hours that such offensive matter may
remain shall constitute a separate offense. (Code 1959, § 1953.)
Sec. 19-54. Pawnbrokers, junk and secondhand dealers—Daily
records of articles pawned or bought.
All pawnbrokers, junk dealers and dealers in secondhand
clothing, automobiles and other merchandise shall keep daily
records of every article taken in pawn or bought by them. Such
records shall contain a full description of such articles and 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.
(Code 1959, § 19-54.)
Sec. 19-55. Same—Reports to chief of police.[335]
All pawnbrokers, junk dealers and 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
such dealers within the twenty-four hours next preceding the date
of such report. Such lists shall 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. (Code 1959, §
19-55.)
Sec. 19-56. Same—Penalty; revocation of license.
Any pawnbroker, junk dealer or dealer in secondhand clothing,
automobiles or other merchandise who shall fail to comply with
any of the provisions of sections 19-54 and 19-55 shall, upon
conviction, be punished as provided in section 1-5.
A conviction of any such pawnbroker, junk dealer or dealer in
secondhand clothing, automobiles or other merchandise of a
violation of section 19-54 or section 19-55 may, in the discretion of
the municipal judge, work an immediate revocation of the license
of such offender. (Code 1959, § 19-56.)
Sec. 19-57. Petit larceny.[336]
No person shall steal from the person of another, money or
other thing of the value of less than five dollars, nor steal, not
from the person of another, goods and chattels of less value than
one hundred dollars. (Code 1959, § 19-57; 10-1-73.)
Sec. 19-58. Poolrooms, bowling alleys, shooting galleries, etc.
— Minors in poolrooms or billiard saloons.
No minor under eighteen years of age shall be employed in,
play in, loaf or loiter in or frequent any billiard saloon or
poolroom; provided, however, a minor under sixteen years of age
may play billiards or pool in a public billiard saloon or poolroom if
accompanied by a parent or legal guardian; and, provided further,
that minors sixteen and seventeen years of age may frequent and
play billiards or pool in a public poolroom or billiard saloon if
such public poolroom or billiard saloon is situated on the first
floor of the building in which it is located at approximately
ground or sidewalk level with sufficient windows or clear glass
fronts to afford an unobstructed view of the interior. The interior
of such public poolroom or billiard saloon shall be well lighted and
without partitions in the playing area. No public poolroom or
billiard saloon which permits minors, as authorized by this
section, to play billiards or pool shall sell any alcoholic beverages
or permit any alcoholic beverages to be consumed on such
premises.
If any owner or keeper of any billiard saloon or poolroom as set
forth above allows any minor to violate the provisions of this
section, he shall be deemed to be equally guilty. (Code 1959, §
19-58; 6-6-66.)
Sec. 19-59. 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 Midnight 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.
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 1959, § 19-59.)
Sec. 19-60. Prize fights.[337]
No person shall, within the city, give or perform in, or be
in any manner concerned in, any prize fight. (Code 1959, §
19-60.)
Sec. 19-61. Refrigerators, etc.—Discarded or abandoned.[338]
It shall be unlawful for any person to discard, abandon,
leave or allow to remain in any place in an abandoned condition
any icebox, refrigerator, clothes washing machine,
clothes dryer, dishwasher or other container, device or equipment
of any kind with an interior storage area of more than
two cubic feet of clear space which is airtight, without first
removing the door or hinges from such icebox, refrigerator,
clothes washing machine, clothes dryer, dishwasher or other
container, device or equipment. (Code 1959, § 19-61; 12-665.)
Sec. 19-62. Refuse matter thrown on streets or private property;
dumping.
It shall be unlawful for anyone to throw into the streets or
on the sidewalks, or on private premises, any dead carcass,
rubbish, newspapers, handbills, 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.
No garbage, offal or filth shall be removed from private
premises and deposited within the city at any place, except
such place as may be designated by the city manager as a
public dumping ground. (Code 1959, § 19-62.)
Sec. 19-63. Resisting or obstructing officers, employees, etc.
No person 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. (Code 1959, § 19-63.)
Sec. 19-64. Riot, rout, assault and battery, etc.[339]
No person shall engage in any riot, rout or unlawful assembly
or commit an assault and battery or any offense that
will amount to a breach of the peace. (Code 1959, § 19-64.)
Sec. 19-65. Sirens.[340]
It shall be unlawful for any person to sound, at any place
within the city, a siren or machine making a similar noise,
unless for reasons of public necessity, expressly permitted to
do so by the chief of police. (Code 1959, § 19-65.)
Sec. 19-66. Slot machines[341]
—Manufacturing, keeping, etc.
It is unlawful for any person:
(a) 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.
(b) 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. (Code 1959, § 1966.)
Sec. 19-67. Same—Definition.
Any machine, apparatus or device is a slot machine or device
within the provisions of section 19-66 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. (Code 1959, § 19-67.)
Sec. 19-68. Same — Seizure and destruction; forfeiture of
money.
Any article or apparatus possessed, maintained, kept or used in
violation of the provisions of section 19-66 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. (Code 1959, § 19-69.)
Sec. 19-69. Reserved.
Sec. 19-70. Smoke.
The owner of any stationary steam boiler or locomotive engine
and any 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 city shall be deemed and held guilty of creating a nuisance
and shall, for every such offense, be punished as provided in
section 1-5. The term "stationary boiler," as used in this section,
shall not be construed to include steam boilers used only for
heating residences. (Code 1959, § 19-70.)
Sec. 19-71. Smoking in theatres.
It shall be unlawful to smoke in any theatre or moving picture
house, except in the lobby. (Code 1959, § 19-71.)
Sec. 19-72. Soliciting trade or business on streets.
No person 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, stall, hotel, boardinghouse or
restaurant or like establishment, or importune passers-by to
make any such purchase or enter any such establishment, or in
any disorderly or undue manner solicit trade, custom or patronage
in or along the streets or sidewalks of the city. (Code 1959, §
19-72.)
Sec. 19-73. Spitting.[342]
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 doorways of any store or office building or
on the floor or pavement of any railroad station or other public
place. (Code 1959, § 19-73.)
Sec. 19-74. Sunday—Working or transacting business.
Section 18.1-363.1 of the Code of Virginia shall not be effective
within the boundaries of the city. (11-27-74.)
Sec. 19-75. Repealed by Ordinance passed November 6, 1972.
Sec. 19-76. Threatening messages.[343]
It shall be unlawful for any person to send any message or
communication threatening another with any punishment other
than that contemplated by law. (Code 1959, § 19-76.)
Sec. 19-77. Tobacco—Sales, etc., to minors.[344]
No person shall 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. (Code 1959, § 19-77.)
Sec. 19-78. 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 punished as provided
in section 1-5. In cases where the trespass is committed upon
property owned by the city or other public property, upon the
complaint of the official having charge of such property, the
offender shall be fined in like manner as aforesaid. (Code
1959, § 19-78.)
Sec. 19-79. 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, is prohibited, 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 is prohibited,
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 nearby houses are disturbed, or for similar reasons,
be deemed disorderly, and the owner may, and the occupants
shall, be held responsible.
Any person refusing to disperse after being required to do
so by any officer shall be punished as provided in section 1-5.
(Code 1959, § 19-79.)
Sec. 19-80. Vagrants—Persons deemed vagrants.[345]
The following persons shall be deemed vagrants:
(1) Unlawful return. All persons who shall unlawfully
return to this city after having been legally removed.
(2) Refusing to work. 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.
(3) Wandering in idleness. Persons wandering or strolling
about in idleness who are able to work and have no property
to support them.
(4) Idle, immoral or profligate life. Persons leading an
idle, immoral or profligate life, who have no property to support
them and who are able to work and do not.
(5) Begging. 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.
(6) Having no visible means of subsistence. 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.
(7) Living by stealing. 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.
(8) Hiring out children. All persons who are able to work
and who do not work, but hire out their minor children and
live upon their wages.
(9) Consorting with persons engaged in illegal enterprise.
All persons who have no visible income lawfully acquired and
who consort with idlers, gamblers, bootleggers, prostitutes,
narcotic users, narcotic vendors, persons engaged in the
operation of any disorderly house or illegal enterprise of any
kind, or persons having the reputation of any of the above
named. (Code 1959, § 19-80.)
Sec. 19-81. Same—How dealt with.[346]
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. Thereupon,
or upon the complaint of any person upon oath, the
officer shall issue a warrant for the arrest of the person alleged
to be a vagrant, and he shall be brought before the
municipal judge and, upon conviction, shall be punished as
provided by section 1-5, but the municipal judge 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. 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 and section 19-80 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. (Code 1959, § 19-81.)
Sec. 19-82. Reserved.
Sec. 19-83. Weapons—Carrying concealed weapons.[347]
No person shall carry about his person, hid from common
observation, any pistol, dirk, Bowie knife, switch-blade knife,
razor, slungshot, metal knucks, or any weapon of like kind,
and upon conviction of a violation of this section, such weapons
shall be forfeited and sold in such manner as the municipal
judge may deem best and the proceeds paid into the city
treasury. No person shall be punishable under this section
who has been granted permission to carry concealed weapons
in accordance with the laws of the state. (Code 1959, § 19-83.)
Sec. 19-84. Same—Shooting within city.
No person shall willfully discharge or cause to be discharged
any firearm within the city; provided, that this section shall
not apply to any law enforcement officer in the performance
of his official duties nor to any other person whose wilful act
is otherwise justifiable or excusable at law in the protection
of his life or property, or is otherwise specifically authorized
by law; provided further, that this section shall not apply to
any person shooting in licensed shooting galleries or shooting
inside a building on a shooting range so constructed, as to
prevent the shot, projectile or other missile which has been
tired from escaping or richocheting. (Code 1959, § 19-84; 5-21-62.)
Sec. 19-85. Same—Sales, etc., to minors.[348]
No person shall 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, switch-blade
knives or Bowie knives, having good cause to believe such
minor to be under eighteen years of age.
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.
(Code 1959, § 19-85.)
Sec. 19-85.1. Same—Sale of firearms, dirks or Bowie knives—
Permit required.
No person shall sell firearms, dirks or Bowie knives without
having first procured the annual written consent of the city
manager to engage in such business. This same consent shall
be used by such person in applying for his business license
under the License Tax Ordinance.
The city manager shall refuse to grant a permit to any
person who: (1) Is not of good moral repute or character;
or (2) has been convicted in any court of record of a crime
of violence or of a crime involving moral turpitude; or
(3) is a drug addict, habitual drunkard or mentally incompetent;
or (4) has been convicted of the sale of firearms, dirks
or Bowie knives without a permit authorizing such sale. (5-762;
5-1-67.)
Sec. 19-85.2. Same—Same—Records of sales of firearms.
Every person duly authorized to sell firearms, dirks or
Bowie knives shall keep a record of the purchase or sale of
each firearm, with the date of purchase or sale, the name of
the purchaser or seller and a description of the firearm bought
or sold. This record shall be open to officials of the city and to
all law enforcement officers. The chief of police shall make at
least an annual inspection of each duly licensed firearms dealer to
insure that records are being kept as required by this
section. (5-7-62.)
Sec. 19-86. Weeds, etc., on vacant lots.[349]
All owners of vacant properties situated in the city are hereby
required to cut all weeds and other foreign growth growing on
such properties within one hundred fifty feet of any residence and
to maintain such properties in a sightly condition. In the event
any such owner fails or refuses to cut such weeds and other
foreign growth, the same may 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. (Code 1959, § 19-86.)
Sec. 19-86.1. Weeds, shrubbery, trees and other vegetation;
unlawful conditions.
(a) It shall be unlawful for the owner of any lot or parcel of
land within the city to permit to remain thereon, within one hundred
fifty feet of an occupied residence any weeds, brush or other
noxious or foreign vegetation in excess of eighteen inches in
height. It shall further be unlawful for the owner of any lot or
parcel of land to permit to grow or remain thereon any hedge,
shrub, tree or other vegetation, the limbs, branches or other parts
of which overhang, extend or protrude into any street, sidewalk or
public alley in a manner which obstructs or impedes the safe and
orderly movement of persons or vehicles thereon, or in the case of
trees, when the dead limbs or branches thereof are likely to fall
into or across such street or sidewalk thereby endangering such
persons and vehicles. Upon removal of any such unlawful
condition, the owner shall dispose of such vegetation in such a
manner as to eliminate any potential fire hazard.
(b) Whenever the city manager, or the official designated by
him determines any of such unlawful conditions to exist, he shall
notify the property owner of record of such determination by
certified mail, return receipt requested, sent to the address listed
in the real estate tax records, requiring such property owner to
correct the condition. If the condition is not corrected within ten
days after receipt of such notice, the city manager or his designee
may order such condition to be cleared or corrected, either by city
forces or by a private contractor. The cost thereof, together with
an administrative handling charge of fifteen dollars, shall be
billed to the property owner and if not paid shall be added to and
collected in the same manner as the real estate tax on such
property. (4-1-74; 11-18-74.)
Sec. 19-87. Wells—Filling or covering.[350]
Every person who shall own real estate within the city upon
which is located an unused well shall cause such well to be filled
with dirt, rocks or other similar material, to a point level with the
ground, or shall cause it to be covered with a concrete covering
satisfactory to the city engineer. (Code 1959, § 19-87.)
Article II. Driving Vehicles or Trains While Under
Influence of Intoxicants or Drugs.[351]
Sec. 19-88. Adoption of state law.
Pursuant to the authority of section 46.1-188 of the Code of
Virginia, as amended, all of the provisions and requirements of
the laws of the state contained in Article 6 of chapter 2 of Title
18.1 of the Code of Virginia, as amended, and in force on January
1, 1973, except those provisions and requirements the violation of
which constitutes a felony, and except those provisions and
requirements which by their very nature can have no application
to or within the city, are hereby adopted and incorporated in this
article by reference and made applicable within the city.
References to "highways of the state" contained in such
provisions and requirements hereby adopted shall be deemed to
refer to the streets, highways and other public ways within the
city. Such provisions and requirements are hereby adopted,
mutatis mutandis, and made a part of this article 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 Article 6 of chapter 2 of Title 18.1 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 Article 6 of chapter 2 of Title
18.1 of the Code of Virginia. (3-19-73.)
Secs. 19-89 to 19-92. Repealed.
