University of Virginia Library

CHAPTER XXIII.

Peace, Good Order and Morals.

Sec. 254. 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 $100.00 or by
confinement not more than thirty days in jail, or both for each
offense.

Sec. 255. Public drunkenness.

Any person who shall be found drunk upon 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 $2.00 nor more than
$25.00, or be confined in jail not exceeding thirty days, or both
in the discretion of the court.

Sec. 256. Dangerous missiles.

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 $1.00 nor more than $10.00 for every such offense.

Sec. 257. Flying kites or playing ball.

No person shall raise or fly a kite, or play any game of ball in
the streets, under a penalty of $1.00 for each offense.

Sec. 258. 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 $50.00 nor more than $500.00.

Sec. 259. 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
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 $100.00.

Sec. 260. Cock fighting.

Any person who shall cause any match or main of cocks to be
fought within the City, or shall heel, trim, pit or handle any cock
so fought, or who shall bet at any such match or main, shall be
fined for every such offense the sum of not more than $100.00
and every owner of any such cock consenting to his fighting
shall be deemed equally guilty and fined in accordance with the
provisions of this section.

Sec. 261. 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 $500.00, or be confined in jail
not more than six months, or both.

Sec. 262. Indecent exposure, language and proposal.

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 $1.00 nor more than $500.00, or confined in jail not
exceeding six months, or both.

Sec. 263. Fighting dogs or other animals.

Any person who shall cause any match of dogs or other animals

to be fought within the City, or shall handle any such dog
or other animal so fought, or who shall bet at any such match,
or who shall allow his dog or other animal to be so matched,
either for prize or diversion, shall be fined not less than $10.00
nor more than $100.00 for each such offense.

Sec. 264. Indecent books, pictures or statuary.

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 $2.00 nor more than $10.00
for each offense.

Sec. 265. Renting or leasing of 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
$20.00 nor more than $100.00, and in addition may be imprisoned
not exceeding six months.

Sec. 266. Property used as houses of ill-fame.

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 $5.00 nor more than $25.00 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.

Sec. 267. Keeping houses 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 $25.00 nor more than $200.00
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.

Sec. 268. Persons frequenting houses 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 $20.00 nor more than $100.00, or confined
in jail not exceeding thirty days, or both.

Sec. 269. Adultery or fornication.

If any person commit adultery or fornication, he or she shall
be fined not less than $10.00 nor more than $100.00 or confined
in jail not exceeding six months, or both.

Sec. 270. 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 $10.00 nor more than $50.00 or confined in jail not exceeding
six months, or both.

Sec. 271. 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 $50.00
for each such offense.

Sec. 272. False fire alarm.

Any person, who shall wantonly or without knowledge of the
existence of a fire, turn in or give any false alarm to the fire
department or who in any way tampers with the fire alarm system,
shall be fined not less than $100.00 nor more than $200.00,
or confined in jail not less than thirty days nor more than ninety
days, or both.

Sec. 273. Resisting an officer, 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 $5.00

nor more than $100.00 or confined in jail not more than ninety
days, or both.

Sec. 274. Penalty for failure to assist an officer.

If any person shall fail or refuse to assist a police officer, when
called upon, so to do, by such officer, when in the discharge of
his duty, such person shall be fined not less than $1.00 nor more
than $25.00.

Sec. 275. Injuring shade trees or other property, or
placing signs thereon, etc.

If any person willfully injure any fruit, shade, or ornamental
tree or shrub planted by the City authorities, or others, or willfully
injure or deface 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
post up any show bill, notice or advertisement, or brand, write,
mark or paint 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 $1.00
nor more than $300.00 for every separate offense.

Sec. 276. Violation of the Sabbath—how punished.

If a person, on a Sabbath day, sells soft drinks, fruits, candies,
or other confectioneries or 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 fined not less than $5.00 more than $25.00 for
each offense. Every day any servant or apprentice is so employed
shall constitute a distinct offense.

a. No person shall open his store or shop on Sunday for the
purpose of selling or disposing of any articles of merchandise,
under a penalty of not less than $5.00 nor more than $25.00 for
each offense; provided, that this paragraph shall not apply to
the sale of medicines, surgical instruments, and necessities absolutely
needed before Monday, newspapers, and other current
periodicals, and such perishable articles, if any, as cannot be
purchased on a previous day for Sunday's consumption.

Sec. 277. 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
$100.00 or confinement in jail not more than three months for
each offense.

Sec. 278. Lounging, etc., on church steps, porch.

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 $5.00 for every such offense.

Sec. 279. Disturbing public assemblies.

Any person or persons, 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 $5.00 nor more than $100.00 and/or
confined in jail not exceeding three months.

Sec. 280. Annoying or interfering with pupils of female
or public schools.

It shall be unlawful for any person or persons, under pretext
of exercising his or their 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 so
to act 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 or persons 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 or persons guilty of the offense or offenses herein
mentioned shall upon conviction thereof, be fined not less than
$1.00 nor more than $10.00 for each offense.

Sec. 281. Minors frequenting billiard saloons, pool
rooms, etc.

No minor under 18 years of age shall be employed in, play in,
or loaf or loiter in or frequent any billiard saloon or pool room,
unless attended by parent, under a penalty of not less than $2.00
nor more than $25.00 for each offense.

No minor under sixteen years of age shall be employed in,
play in, or loaf or loiter in or frequent any bowling alley or shooting
gallery, unless attended by parent, under a penalty of not
less than $2.00 nor more than $25.00 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.

Sec. 282. Billiard saloons, pool rooms, miniature golf
courses, etc.—regulations concerning.

All billiard saloons, pool rooms, bowling alleys, shooting galleries
and miniature golf courses shall be closed every night during
the week not later than twelve o'clock and remain closed until
seven o'clock 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 $5.00 nor more than $25.00 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.

Sec. 283. Minors—sale of dangerous weapons and tobacco
to.

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, or firearms, cartridges,
dirks, or bowie knives, having good cause to believe such minor
to be under sixteen years of age, he shall be fined not less than
$10.00 nor more than $100.00.

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.

Sec. 284. Curfew law.

(1) It shall be unlawful for any person under the age of fifteen
years to be in or upon the streets, avenues, alleys or public
parks of this City after 7:30 o'clock P. M., from the first of October
to the first day of May, or after 9 o'clock 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, avenues and alleys of the City during the nighttime
after said specified hours. Any person violating the provisions
of this section shall be fined not less than $1.00 nor more than
$5.00 for each offense.

(2) It shall be the duty of the Chief of the Fire Department
each day in the year, fifteen minutes before the time specified in
the first subsection of this section, to cause to be rung the bell of
the Fire Department for ten successive strokes.

(3) 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, avenue, alley or public park, in violation
of the provision of paragraph 1 of this section. Any person
violating the provision of this subsection shall, upon conviction,
be fined not less than $1.00 nor more than $5.00 for each
offense.

Sec. 285. Vagrants—who are vagrants—how dealt with
—punishment.

(a) Who Are Vagrants. — The following persons shall be
deemed vagrants:

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 the 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
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.

(b) Vagrants—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 $500.00 nor less than $100.00 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.

(c) 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 conveyance referred to above shall
be fined not less than $5.00 nor more than $10.00 for each day
the failure to remove continues.

Sec. 286. Dance halls—regulation of.

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.

Any such dance hall shall not remain open later than twelve
o'clock each night during the week and remain closed until six
o'clock the following morning.

Any violation of this section shall be punished by a fine of
not less than $5.00 nor more than $25.00 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.

Sec. 287. Concealed weapons.

If any person carry about his person, hid from common observation,
any pistol, dirk, bowie knife, razor, sling shot, or any
weapon of like kind, he shall be fined not less than $25.00 nor
more than $100.00 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.

Sec. 288. Discharging of firearms.

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 $5.00
nor more than $50.00 for each offense.

Sec. 289. 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 $10.00 nor more than
$50.00.

Sec. 290. Riot, rout, assault and battery.

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 $10.00 nor
more than $500.00 or confined in jail not exceeding six months,
or both.

Sec. 291. 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 $5.00 nor more than $10.00.

Sec. 292. 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 $10.00 nor more than
$25.00, or by confinement in jail not more than sixty days, or
both.

Sec. 293. Trespass on private or public property.

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 $1.00 nor
more than $25.00 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 or officials having
charge of said property, the offender shall be fined in like manner
as aforesaid.

Sec. 294. Petit larceny.

If any person shall steal from the person of another, money
or other thing of the value of less than $5.00, or if any person
commit simple larceny, not from the person of another, of goods
and chattels of less value than $50.00, he shall be deemed guilty
of petit larceny and fined not less than $5.00 nor more than
$100.00 or confined in jail not more than six months, or both.

Sec. 295. Pulling down fences and leaving gates open.

If any person without permission of the owner pull down the
fence of another or any part thereof, and leave the same down,
or without permission open or leave open the gate of another, he
shall be fined not less than $1.00 nor more than $10.00.

Sec. 296. Gambling houses.

Any person who shall keep or maintain a house or apartment
or room in which games or cards, or of chance, shall be habitually
played for money or anything to be cashed in as money,
shall be fined not less than $5.00 nor more than $50.00, or be imprisoned
in the City jail for not more than sixty days, or both.

Sec. 297. Gaming tables—slot machines, etc.

If any person keep or exhibit a gaming table, commonly called
A. B. C., or E. O. table, wheel or fortune, nickel-in-the-slot 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 may be won or lost, whether the game be
played with cards, dice, money or otherwise, or be a partner or

concerned or interested in, either as owner, operator or employee,
in the keeping, exhibiting, using or operating such table, machine,
apparatus or bank, he shall be fined not exceeding $50.00; and
each day such machine, apparatus or table is so used shall constitute
a separate offense.

Sec. 298. Craps.

Any person who shall play the game commonly called craps,
within the corporate limits of the City, shall be fined not less than
$1.00 nor more than $25.00 for each offense.

Sec. 299. Defacing advertisements.

If any person shall tear down or deface any designs, 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 $1.00 nor more
than $100.00 for each offense. Provided, nothing herein shall
prevent any one from tearing down advertisements posted on
his premises.

Sec. 300. Protection of hotels and boarding-houses.

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 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 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 $5.00 nor
more than $50.00, or both.

Sec. 301. Unlawful for the proprietors of restaurants,
lunch rooms, cafes, hotels, boarding houses and
public eating houses to accept in advance money
for food and fail to deliver food or refund money advanced—penalty.

1. Definitions:

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

(a) "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.

(b) "Meal Tickets" shall for the purposes 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.

(c) "Persons" shall for the purposes of this section mean
every natural person, firm or corporation, partnership, association
or copartnership whether acting by themselves or by servant,
agent or employee.

2. It shall be unlawful, and punishable by a fine of not more
than $100.00 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 of Charlottesville 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.

Sec. 302. Aeroplane, dirigible, blimp or balloons over
city, when prohibited.

It shall be unlawful for any 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 $10.00 nor more than $200.00.

Sec. 303. Aeroplane, dirigible, blimp or balloon, unlawful
to drop 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 $5.00 nor more than $25.00.

Sec. 304. Daily record to be kept by dealers in secondhand
articles and list to be furnished daily to the
chief of police.

1. All pawn brokers, junk dealers, dealers in second hand 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.

2. All pawn brokers, junk dealers, dealers in second hand
clothing, automobiles and other merchandise shall furnish daily
to the Chief of Police upon blanks to be prescribed by the said
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.

3. Any such broker, junk dealer, dealer in second hand 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 $5.00 nor more than $25.00 for each
offense.

A conviction of any such pawn broker, junk dealer, dealer in
second hand 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.

Sec. 305. Smoking in theatre or moving picture house
prohibited.

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
$5.00 nor more than $25.00.

Sec. 306. Checks drawn by person without sufficient
funds or credit.

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 $5.00 nor more
than $100.00, 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 $10.00 nor more than $200.00, 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.

Sec. 307. Protecting female persons in the city.

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
$10.00 nor more than $50.00 or confinement of not less than
thirty days in jail, or both for each offense.

Sec. 308. Betting, wagering and 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
the provision of this section shall upon conviction, be fined not
less than $5.00 nor more than $50.00 or confined in jail not exceeding
sixty days, or both.

Sec. 309. Untrue, deceptive or misleading advertising.

a. Any person, firm, corporation or association who, with intent
to sell or in any wise dispose of merchandise, securities, service
or anything offered by such person, firm, corporation or association,
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.

b. It shall be deemed deceptive advertising and a violation of
the provisions of this section, for any person, firm, corporation
or association 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, firm, corporation or
association engaged in any such business shall in advertising
goods, property or service for sale, either through "liner ads" or
other wise, affirmatively and clearly indicate that the seller is engaged
in such business and is not a private party.

c. It shall be deemed deceptive advertising and a violation of
the provision of this section, for any person, firm, corporation or
association, 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.

d. Any person, firm, corporation or association violating any
of the provisions of this section 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.