Legislation # 07-0127 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 3/14/2007
Title AN ORDINANCE TO AMEND CHAPTER 24, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “OFFENSES - MISCELLANEOUS.”
 
Legislation History 07-0127
DateNotice Of ActionDescription
3/30/2007 Moved to approve consent agenda items 1, 7 and 9 through 12.
3/14/2007 Approved items 2 through 4 on the consent agenda.
3/2/2007 Received By Clerk's Office
 
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Chapter 24 - Offenses--Miscellaneous - REDLINE-February 27, 2007.doc Other 200K Chapter 24 - Offenses-Miscellaneous Redine Version
 
Legislation Text 07-0127

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0127

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 24, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED OFFENSES - MISCELLANEOUS.

 

Chapter 24

 

OFFENSES--MISCELLANEOUS*

__________

* Charter References: Authority of city to adopt ordinances paralleling state misdemeanor statutes, 2.01c.

__________

 

Article I. In General

Sec. 24-1. Attempt to commit misdemeanor.

Sec. 24-2. Curfew for minors--Generally.

Sec. 24-3. Same--Parent or guardian permitting violation of section 24-2.

Sec. 24-4. Same--Prima facie evidence as to violation of sections 24-2 and 24-3.

Sec. 24-5. Prohibited trick or treat activities.

Sec. 24-6. Resisting, obstructing by threats or force.

Sec. 24-7. Obstructing justice.

Sec. 24-8. Calling ambulance or fire-fighting apparatus without cause; malicious

activation of fire alarm in public building.

Sec. 24-9. Assault and battery.

Sec. 24-10. Abusive language.

Sec. 24-11. Disturbing the peace generally.

Sec. 24-12. Disorderly conduct in public places.

Sec. 24-13. Public drunkenness.

Sec. 24-13.1. Drinking, etc., alcoholic beverages in public places.

Sec. 24-13.2. Drinking or possession of alcoholic beverages in or on public school

grounds.

Sec. 24-14. Reserved.

Sec. 24-15. Unlawful assemblies generally.

Sec. 24-16. Remaining at place of riot or unlawful assembly after warning to

disperse.

Sec. 24-17. Reserved.

Sec. 24-18. Obstructing free passage of others.

Sec. 24-19. Fights, brawls, etc.

Sec. 24-20. Adultery and fornication generally.

Sec. 24-21. Adultery and fornication by persons forbidden to marry.

Sec. 24-22. Lewd and lascivious cohabitation.

Sec. 24-23. Prostitution generally.

Sec. 24-24. Bawdy places.

Sec. 24-25. Aiding prostitution or illicit sexual intercourse.

Sec. 24-26. Using vehicle to promote prostitution or unlawful sexual intercourse.

Sec. 24-27. Confinement at city or county farm or hospital of persons violating

sections 24-23 through 24-26.

Sec. 24-28. Fraudulent use of pay phones, parking meters and other coin-operated

machines.

Sec. 24-29. Scalping tickets to public events.

Sec. 24-30. Throwing objects or materials at public events.

Sec. 24-31. Damaging, defacing, etc., property generally.

Sec. 24-32. Injuring, tampering with, etc., vehicles, aircraft, etc.

Sec. 24-33. Trespass after having been forbidden to do so.

Sec. 24-34. Peeping toms.

Sec. 24-35. Nuisances generally.

Sec. 24-36. Unlawful accumulations of refuse generally.

Sec. 24-37. Accumulations of refuse or weeds near residential or commercial

structures.

Sec. 24-38. Abandoned or discarded refrigerators and other airtight containers.

Sec. 24-39. Open storage of inoperable vehicles on property zoned for residential

purposes.

Sec. 24-39.1. Open storage of inoperable vehicles on property zoned for other than

residential purposes.

Sec. 24-40. Electric fences.

Sec. 24-41. Body art and body art establishments.

Sec. 24-42. Dropping advertising or other matter from aircraft.

Sec. 24-43. Obstructing or polluting drains or waterways.

Sec. 24-44. Motion pictures; posting of a manager.

Sec. 24-45. Pharmacist required for certain businesses selling proprietary

medicines; penalty.

Sec. 24-46. Repealed.

Sec. 24-47. Same--Constitutes a nuisance.

Sec. 24-48. Unlawful use of laser pointing devices.

Sec. 24-49. Urinating in public.

Secs. 24-50--24-110. Reserved.

 

Article II. Drug Blight

Sec. 24-111. Definitions.

Sec. 24-112. Corrective action for buildings and other structures harboring illegal

drug activity; abatement.

 

Article III. Graffiti

Sec. 24-113. Definition of "graffiti."

Sec. 24-114. Graffiti prohibited; criminal penalty.

Sec. 24-115. Parental liability for cost of graffiti removal.

Sec. 24-116. Graffiti declared a nuisance.

Sec. 24-117. Removal of graffiti.

Sec. 24-118. Emergency removal of graffiti.

Sec. 24-119. Assessment of costs against property for removal of graffiti.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 24-1. Attempt to commit misdemeanor.

 

Every person who shall attempt to commit an offense which is a misdemeanor shall be punishable by the same punishment prescribed for the offense, the commission of which was the object of the attempt.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-7)

State Law References: Similar provisions, Code of Virginia, 18.2-27.

 

Sec. 24-2. Curfew for minors--Generally.

 

(a) It shall be unlawful for any person under the age of eighteen (18) years to loiter, idle or play in or upon the public streets, highways, roads, alleys or other public ways, either on foot or riding by vehicle, or loiter, idle or play in or upon parks, playgrounds, wharves, docks, beaches, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 12:01 a.m. and 5:00 a.m.

 

(b) It is a defense to a prosecution under this section and section 24-3 that the person under eighteen (18) years of age was:

 

(1) on an errand at the direction of the minor's parent or guardian or an adult designated by the minor's parent or guardian, without any detour or stop;

 

(2) In a motor vehicle involved in interstate travel;

 

(3) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

 

(4) Involved in an emergency. In this subsection, "emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life;

 

(5) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

 

(6) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

 

(7) Married or had been married or had disabilities of minority removed in accordance with law.

 

(c) Any minor violating the provisions of this section shall be dealt with in accordance with juvenile court law and procedure. The violation of this section is hereby declared to be within the purview of section 16.1-246c of the Code of Virginia. Any officer taking a minor into custody for a violation of this section shall comply with the provisions of section 16.1-247 of the Code of Virginia. A violation of this section by a minor shall be disposed of as provided in Code of Virginia, 16.1-278.4 and 16.1-278.5.

 

(d) The provisions of this section shall be applicable to members of the armed services of the United States, except that release after arrest shall be made to such servicepersons commanding officer or subordinate thereof.

(Ord. No. 5, 1, 2, 5, 6; Code 1964, 12-1, 12-4, 12-5; Ord. No. 937, 6-14-89)

 

Sec. 24-3. Same--Parent or guardian permitting violation of section 24-2.

 

(a) It shall be unlawful and a Class 2 misdemeanor for the parent, guardian or other adult person having the care and custody of a minor to knowingly permit such minor to violate any provisions of section 24-2.

 

(b) This section shall not apply to the parent, guardian or other adult person having care or custody of a minor who is a member of the armed service of the United States.

(Ord. No. 5, 2, 3, 6; Code 1964, 12-2, 12-5)

Cross References: Penalty for Class 2 misdemeanor, 1-11.

 

Sec. 24-4. Same--Prima facie evidence as to violation of sections 24-2 and 24-3.

 

In any court proceedings involving section 24-2 or 24-3, the fact that the minor in question, unaccompanied by a parent, guardian or other adult person, is found upon any street, alley or other place enumerated in section 24-2 after 12:00 p.m. and before 5:00 a.m., shall be prima facie evidence that such minor is there unlawfully, that no reasonable excuse exists therefor and that the parent, guardian or adult person having the care or custody of such minor knows and is permitting such minor to violate section 24-2.

(Ord. No. 5, 4; Code 1964, 12-3)

 

Sec. 24-5. Prohibited trick or treat activities.

 

(a) If any person over the age of twelve (12) years shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, he shall be guilty of a Class 4 misdemeanor; provided, that nothing herein shall be construed as prohibiting any parent, guardian or other responsible person, having lawfully in his custody a child twelve (12) years or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child.

 

(b) If any person shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever after 8:00 p.m., he shall be guilty of a Class 4 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-46, 27.1-47)

Cross References: Penalty for Class 4 misdemeanor, 1-11.

 

Sec. 24-6. Resisting, obstructing by threats or force.

 

If any person, by threats, or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or any law-enforcement officer, lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, he shall be deemed to be guilty of a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-19; Ord. No. 1033, 1-22-92; Ord. No. 1101, 9-8-93)

Cross References: Penalty for Class 1 misdemeanor, 1-11; repeal not to affect violations under former ordinance, 2-88.

State Law References: Similar provisions, Code of Virginia, 18.2-460B.

 

Sec. 24-7. Obstructing justice.

 

If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the commonwealth, witness or any law-enforcement officer in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the commonwealth, witness, or law-enforcement officer, he shall be guilty of a Class 1 misdemeanor.

(Ord. No. 603, 1-10-79; Code 1964, 27.1-19.1; Ord. No. 1034, 1-22-92; Ord. No. 1102, 9-8-93; Ord. No. 1171, 8-14-96)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provision, Code of Virginia, 18.2-460A.

 

Sec. 24-8. Calling ambulance or fire-fighting apparatus without cause; malicious activation of fire alarm in public building.

 

(a) Any person who, without just cause therefor, calls or summons, by telephone or otherwise, any ambulance or fire-fighting apparatus, or any person who maliciously activates a manual or automatic fire alarm in any building used for public assembly or for other public use, including, but not limited to, schools, theaters, stores, office buildings, shopping centers and malls, coliseums and arenas, regardless of whether fire apparatus responds or not, shall be deemed guilty of a Class 1 misdemeanor.

 

(b) A violation of this section may be prosecuted either in the jurisdiction from which the call or summons was made or in the jurisdiction where the call or summons was received.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-4)

Cross References: Penalty for Class 1 misdemeanor, 1-11; fire prevention and protection, Ch. 14.

State Law References: Similar provisions, Code of Virginia, 18.2-212.

 

Sec. 24-9. Assault and battery.

 

Any person who commits an unjustified assault or battery upon another, which does not amount to a felony, as defined by the laws of the state, shall be guilty of a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-5)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Assault and battery, Code of Virginia, 18.2-57.

 

Sec. 24-10. Abusive language.

 

If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-1)

Cross References: Penalty for Class 3 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-416.

 

Sec. 24-11. Disturbing the peace generally.

 

It shall be unlawful for any person to disturb the peace of others by violent, tumultuous, offensive or obstreperous conduct, or by loud or unusual noises, or by unseemly, profane, obscene or offensive language, or by threatening, challenging to fight, assaulting, fighting or striking another. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

(Ord. No. 603, 1-10-79; Code 1964, 27.1-6.2)

Cross References: Penalty for Class 2 misdemeanor, 1-11; noise generally, Ch. 22; obscenity, Ch. 23.

 

Sec. 24-12. Disorderly conduct in public places.

 

(a) A person is guilty of disorderly conduct and a Class 1 misdemeanor if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

 

(1) In any street, highway or public building, or while in or on a public conveyance or public place, engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or

 

(2) Willfully, or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any meeting of the city council or any other public body within the city, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; Or

 

(3) Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or other activity conducted or sponsored by any school, if the disruption prevents or interferes with the orderly conduct of the operation or activity or has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.

 

(b) However, the conduct prohibited under subsection (a)(1), (2) or (3) of this section shall not be deemed to include the utterance or display or any words or to include conduct otherwise made punishable under this chapter.

 

(c) The person in charge of any such building, place, conveyance, meeting, operation or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-27)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-415.

 

Sec. 24-13. Public drunkenness.

 

Any person who, being intoxicated as defined by the law of the state, shall appear in any public place in the city shall be deemed guilty of a Class 4 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-12)

Cross References: Penalty for Class 4 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-388; authority of city to adopt above section, 18.2-389.

 

Sec. 24-13.1. Drinking, etc., alcoholic beverages in public places.

 

(a) It shall be unlawful and a Class 4 misdemeanor for any person to drink alcoholic beverages or offer a drink to another, whether accepted or not, at or in any public place in the city.

 

(b) This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another under the circumstances stated in subsection B, C or D of section 4.1-308 of the Code of Virginia or section 26-37 of this Code.

 

(c) For the purposes of this section, the terms "alcoholic beverages" and "public place" shall have the meanings ascribed to them in section 4.1-100 of the Code of Virginia.

(Ord. No. 768, 2-8-84; Ord. No. 801, 6-12-85; Ord. No. 1226, 8-19-98)

Cross References: Penalty for Class 4 misdemeanor, 1-11.

State Law References: Provisions similar to subsection (a) above, Code of Virginia, 4.1-308; authority of city to adopt above section, Code of Virginia, 4.1-128.

 

Sec. 24-13.2. Drinking or possession of alcoholic beverages in or on public school grounds.

 

If any person, in or upon the grounds of any free public elementary or secondary school, during school hours or school or student activities, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage, he shall be guilty of a Class 2 misdemeanor.

(Ord. No. 768, 2-8-84; Ord. No. 779, 9-12-84)

Cross References: Penalty for Class 2 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 4.1-309; authority of city to adopt above section, 4.1-128.

 

Sec. 24-14. Reserved.

Editors Note: Ordinance No. 1002, adopted March 13, 1991, repealed 24-14. Prior to such ordinance, 24-14 pertained to public profanity and was derived from Ord. No. 601, adopted Dec. 13, 1978, and Code 1964, 27.1-25.

 

Sec. 24-15. Unlawful assemblies generally.

 

Whenever three (3) or more persons assembled share the common intent to advance some lawful or unlawful purpose by the commission of an act or acts of unlawful force or violence likely to jeopardize seriously public safety, peace or order, and the assembly actually tends to inspire persons of ordinary courage with well-grounded fear of serious and immediate breaches of public safety, peace or order, then such assembly is an unlawful assembly. Every person who participates in any unlawful assembly shall be guilty of a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-6)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions and conditions under which above offense constitutes a felony, Code of Virginia, 18.2-406.

 

Sec. 24-16. Remaining at place of riot or unlawful assembly after warning to disperse.

 

Every person, except the owner or lessee of the premises, his family and nonrioting guests, and public officers and persons assisting them, who remains at the place of any riot or unlawful assembly after having been lawfully warned to disperse, shall be guilty of a Class 3 misdemeanor.

(Ord. No. 603, 1-10-79; Code 1964, 27.1-6.1)

Cross References: Penalty for Class 3 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-407.

 

Sec. 24-17. Reserved.

Editors Note: Ordinance No. 1001, adopted March 13, 1991, repealed 24-17. Prior to such ordinance, 24-17 pertained to littering and was derived from Ord. No. 700, adopted Aug. 12, 1981 and Code 1964, 27.1-28.1.

 

Sec. 24-18. Obstructing free passage of others.

 

Any person who, in any public place or on any private property open to the public, unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such public place or private property and who shall fail or refuse to cease such obstruction or move on when requested to do so by the owner or lessee, or agent or employee of such owner or lessee, or by a duly authorized law-enforcement officer, shall be guilty of a Class 1 misdemeanor. Nothing in this section shall be construed to prohibit lawful picketing.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-28)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-404.

 

Sec. 24-19. Fights, brawls, etc.

 

It shall be unlawful for any person to engage in a fight, combat or brawl in the city. A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-13)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 24-20. Adultery and fornication generally.

 

(a) Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be deemed guilty of adultery.

 

(b) Any person, not being married, who voluntarily shall have sexual intercourse with any other person shall be deemed guilty of fornication.

 

(c) Any person committing adultery or fornication shall be guilty of a Class 4 misdemeanor.

(Ord. No. 477; Code 1964, 35-1--35-3)

Cross References: Penalty for Class 4 misdemeanor, 1-11; management of massage parlors not to permit violations of above section, 24-20.

State Law References: Similar provisions, Code of Virginia, 18.2-344, 18.2-365.

 

Sec. 24-21. Adultery and fornication by persons forbidden to marry.

 

Any person who commits adultery or fornication with any person whom he or she is forbidden by law to marry shall be guilty of a Class 1 misdemeanor; provided, however, that this section shall not be construed to apply to a person committing adultery or fornication with his daughter or grand-daughter, or with her son or grandson, or her father or his mother.

(Code 1964, 35-4)

Cross References: Penalty for Class 1 misdemeanor, 1-11; management of massage parlors not to permit violations of above section, 24-20.

State Law References: Similar provisions, Code of Virginia, 18.2-366, which declares adultery or fornication by persons mentioned in subsection B thereof to be a felony.

 

Sec. 24-22. Lewd and lascivious cohabitation.

 

If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or whether married or not, be guilty of open and gross lewdness and lasciviousness, each of them shall be guilty of a Class 3 misdemeanor. Upon a repetition of the offense, and conviction thereof, each of them shall be guilty of a Class 1 misdemeanor.

(Code 1964, 35-5)

Cross References: Penalty for Class 1 and 3 misdemeanors, 1-11; management of massage parlors not to permit violations of above section, 24-20.

State Law References: Similar provisions, Code of Virginia, 18.2-345.

 

Sec. 24-23. Prostitution generally.

 

Any person who, for money or its equivalent, commits adultery, fornication or any act in violation of section 18.2-361 of the Code of Virginia, or offers to commit adultery, fornication or any act in violation of section 18.2-361 or 18.2-346 (B) of the Code of Virginia, and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be a Class 1 misdemeanor.

(Code 1964, 35-6)

Cross References: Penalty for Class 1 misdemeanor, 1-11; management of massage parlors not to permit violations of above section, 24-20.

State Law References: Similar provisions, Code of Virginia, 18.2-346.

 

Sec. 24-24. Bawdy places.

 

(a) It shall be unlawful and a Class 1 misdemeanor for any person to keep any bawdy place or to reside in or at or visit, for immoral purposes, any bawdy place. Each and every day such bawdy place shall be kept, resided in or visited shall constitute a separate offense. In a prosecution under this section the general reputation of the place may be proved.

 

(b) As used in this section, "bawdy place" shall mean any place within or without any building or structure which is used or is to be used for lewdness, assignation or prostitution.

(Code 1964, 35-7, 35-8)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-347.

 

Sec. 24-25. Aiding prostitution or illicit sexual intercourse.

 

It shall be unlawful and a Class 1 misdemeanor for any person or any officer, employee or agent of any person, with knowledge of, or good reason to believe, the immoral purpose of such visit, to take or transport or assist in taking or transporting, or offer to take or transport, on foot or in any way, any person to a place, whether within or without any building or structure, used or to be used for the purpose of lewdness, assignation or prostitution within this city; or to procure or assist in procuring, for the purpose of illicit sexual intercourse or any act violative of section 18.2-361 of the Code of Virginia, or to give any information or direction to any person with intent to enable such person to commit an act of prostitution.

(Code 1964, 35-9)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-348.

 

Sec. 24-26. Using vehicle to promote prostitution or unlawful sexual intercourse.

 

It shall be unlawful and a Class 1 misdemeanor for the owner or chauffeur of any vehicle, with knowledge or reason to believe the same is to be used for such purpose, to use the same or allow the same to be used for the purpose of prostitution or unlawful sexual intercourse, or to aid or promote such prostitution or unlawful sexual intercourse by the use of any such vehicle.

(Code 1964, 35-10)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-349.

 

Sec. 24-27. Confinement at city or county farm or hospital of persons violating sections 24-23 through 24-26.

 

Every person convicted of being a prostitute under section 24-23 and every person convicted of violating any of the provisions of sections 24-24 through 24-26 may, in the discretion of the court or judge, be confined at a city or county farm or hospital available for such confinement, in lieu of confinement in jail.

(Ord. No. 477; Code 1964, 35-11)

State Law References: Similar provisions, Code of Virginia, 18.2-350.

 

Sec. 24-28. Fraudulent use of pay phones, parking meters and other coin-operated machines.

 

Any person who shall operate, cause to be operated or attempt to operate or cause to be operated any coin box telephone, parking meter, vending machine or other machine that operates on the coin-in-the-slot principle, whether of like kind or not, designed only to receive lawful coins of the United States of America, in connection with the use or enjoyment of telephone or telegraph service, parking privileges or any other service, or the sale of merchandise or other property, by means of a slug or any false, counterfeit, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever, not authorized by the owner, lessee or licensee of such coin box telephone, parking meter, vending machine or other machine; who shall obtain or receive telephone or telegraph service, parking privileges, merchandise or any other service or property from any such coin box telephone, parking meter, vending machine or other machine, designed only to receive lawful coins of the United States of America, without depositing in or surrendering to such coin box telephone, parking meter, vending machine or other machine lawful coins of the United States of America to the amount required therefor by the owner, lessee or licensee of such coin box telephone, parking meter, vending machine or other machine, shall be guilty of a Class 3 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-9)

Cross References: Penalty for Class 3 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-179.

 

Sec. 24-29. Scalping tickets to public events.

 

(a) It shall be unlawful for any person to resell for profit any ticket for admission to any sporting event, theatrical production, lecture, motion picture or any other event open to the public for which tickets are ordinarily sold, except in the case of religious, charitable or educational organizations where all or a portion of the admission price reverts to the sponsoring group and the resale for profit of such ticket is authorized by the sponsor of the event and the manager or owner of the facility in which the event is being held.

 

(b) A violation of this section shall constitute a Class 3 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-45; Ord. No. 741, 1-26-83)

Cross References: Penalty for Class 4 misdemeanor, 1-11.

State Law References: Authority for above section, Code of Virginia, 15.2-969.

 

Sec. 24-30. Throwing objects or materials at public events.

 

Any person, not a bona fide participant, who shall willfully throw, project or deposit, or cause to be thrown, projected or deposited, any object or material of any kind, upon the court, field, stage or floor of any establishment at which there is being played or performed any athletic event, theatrical performance or any other event, exhibition or performance whatsoever open to the public, whether by admission charge or not, shall be guilty of a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-49)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 24-31. Damaging, defacing, etc., property generally.

 

Any person who shall willfully and maliciously destroy, deface, remove or injure any real or personal property of another, public or private, which shall include all public buildings, parks, playgrounds, playfields and recreation facilities, shall, upon conviction, be guilty of a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-17; Ord. No. 754, 27.1-17, 6-22-83)

Cross References: Penalty for Class 1 misdemeanor, 1-11; damaging property by fire, 14-8; damaging traffic signs, 21-348; defacing or disturbing park property, 26-32; damaging sewers, 30-7.

State Law References: Damaging property, Code of Virginia, 18.2-137 et seq.

 

Sec. 24-32. Injuring, tampering with, etc., vehicles, aircraft, etc.

 

(a) Any person who shall, individually or in association with one or more others, willfully break, injure, tamper with or remove any part of any vehicle, aircraft, boat or vessel for the purpose of injuring, defacing or destroying such vehicle, aircraft, boat or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle, aircraft, boat or vessel, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat or vessel, shall be guilty of a Class 1 misdemeanor.

 

(b) Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, climb into or upon such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with intent to commit any crime, malicious mischief, or injury thereto, or who, while a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad is at rest and unattended, shall attempt to manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or to set into motion such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with the intent to commit any crime, malicious mischief, or injury thereto, shall be guilty of a Class 1 misdemeanor, except that the foregoing provision shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.

(c) The provisions of this section shall not apply to a bona fide repossession of a vehicle, aircraft, boat or vessel by the holder of a lien on such vehicle, aircraft, boat or vessel, or by agents or employees of such lienholder.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-33--27.1-35)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-146, 18.2-147, 18.2-148.

 

Sec. 24-33. Trespass after having been forbidden to do so.

 

If any person shall, without authority of law, go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such person, or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs, on such lands, buildings, premises or part, portion or area thereof at a place where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Code of Virginia, 16.1-253, 16.1- 253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or Code of Virginia, 19.2-152.10 or an ex parte order issued pursuant to Code of Virginia, 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of Code of Virginia, 18.2-132 through 18.2-136.
(Ord. No. 601, 12-13-78; Code 1964, 27.1-31)

Cross References: Penalty for Class 1 misdemeanor, 1-11; application of above section to persons refusing to leave park or recreation area upon proper request, 26-21; solicitors to receive consent prior to entry upon certain property, 31-22.

State Law References: Similar provisions, Code of Virginia, 18.2-119.

 

Sec. 24-34. Peeping toms.

 

(a) It shall be unlawful for any person to enter upon the property of another and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant's reasonable expectation of privacy.

(b) It shall be unlawful for any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or female breast and the circumstances are such that the person would otherwise have a reasonable expectation of privacy.

(c) The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail.

(d) As used in this section, "peephole" means any hole, crack or other similar opening through which a person can see.

(e) A violation of this section is a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Ord. No. 703, 9-23-81; Code 1964, 27.1-32)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-130.

 

Sec. 24-35. Nuisances generally.

 

(a) It shall be unlawful and a Class 1 misdemeanor for any person to cause, create, allow, permit or maintain, upon any premises in the city in his possession or under his control, any public nuisance or any condition injurious to the public health or morals or endangering the life or property of others.

 

(b) Each and every day a violation of this section is maintained or permitted to exist shall constitute a separate offense. Upon conviction of any violation of this section, the nuisance, unless immediately abated by the person maintaining, causing or permitting the same, may be abated by the city at the expense and cost of the offender and the cost thereof shall be charged and collected as a part of the cost of the trial of the case.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-18)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 24-36. Unlawful accumulations of refuse generally.

 

(a) It shall be unlawful for any person owning, occupying or in charge or control of any lot or premises in the city, whether occupied or unoccupied, to allow, permit or have an accumulation of garbage, trash, ashes or other refuse on such lot or premises, which accumulation tends to create a health problem or nuisance.

 

(b) When an accumulation prohibited by subsection (a) above is found to exist on any unoccupied lot or premises, the owner of such lot or premises or his agent shall be given written notice by the director of public health, with a request that such accumulation be removed within fifteen (15) days of the receipt of the notice. Should the owner or his agent fail to comply with the request within such time, the owner will be considered in violation of this section.

 

(c) Any person violating this section shall be guilty of a Class 4 misdemeanor, except that, if any person is convicted three (3) or more times, within twelve (12) successive months, of a violation of this section, such person shall be guilty of a Class 2 misdemeanor for such third or subsequent offense and, in such case, the court may, in its discretion, suspend either the fine or jail sentence, but not both.

 

(d) A violation of this section may be restrained, prohibited or enjoined by any court of equity jurisdiction in the city.

(Ord. No. 493; Code 1964, 20-18, 20-23)

Cross References: Penalty of Class 2 and 4 misdemeanors, 1-11; solid waste, Ch. 32.

 

Sec. 24-37. Accumulations of refuse or weeds near residential or commercial structures.

 

(a) It shall be unlawful for the owner of any land, or any occupant or other person who is responsible for the maintenance and upkeep of any land to permit the accumulation, on such land, of garbage, trash, rubbish, debris, litter, or other refuse. It shall be unlawful for the owner of any land, or any occupant or other person who is responsible for the maintenance and upkeep of any land, to permit the accumulation, on such land, of weeds or underbrush, cut or uncut, within one hundred fifty (150) feet of any residential or commercial structure, or any structure designed for use in connection therewith.

 

(b) In the event the occupant or other person responsible for any land shall fail or refuse to remove any accumulation referred to in paragraph (a) above, or in the event the land upon which such accumulation is found is unoccupied, the city manager shall give written notice to the owner of such land to clear off and remove from the land all such garbage, trash, rubbish, debris, litter, or other refuse or weeds or underbrush, cut or uncut, within seven (7) days from the date of such notice. The failure of such owner to comply with such notice shall constitute a Class 1 misdemeanor.

 

(c) Construction sites shall be maintained in such a manner as to contain trash and/or construction-related debris on the buildable portion of the site.

 

(d) In case the notice referred to in paragraph (b) above cannot reasonably be served on the owner, or when such notice is mailed to the owner's last known address, as shown in the Office of the Assessor and such owner fails to comply with such notice within seven (7) days of the date of such notice, the land may be cleared off, cut, or cleaned by the city and the necessary expenses of such clearing, cutting, and removal shall be chargeable to such owner. The city manager shall certify such expenses to the city treasurer. Such expenses, when so certified, together with a fifty dollar ($50.00) service charge, shall be collected pursuant to the same procedures and in the same manner as real estate taxes and shall be a real estate tax lien upon such land. The failure of the person responsible for or in charge of construction sites as mentioned in paragraph (c) above to contain trash and/or construction-related debris shall result in the issuance of a notice to correct the violation within twenty-four (24) hours. Failure to obey the terms of the notice regarding construction trash or debris shall be a Class 1 misdemeanor.

 

(e) If the violation in (b) or (d) above is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this section.

(Ord. No. 7; Ord. No. 341; Ord. No. 693, 6-24-81; Code 1964, 20-25--20-27; Ord. No. 848, 1-14-87; Ord. No. 1150, 9-13-95; Ord. No. 1181, 4-9-97; Ord. No. 1300, 5-9-01; Ord. No. 1389, 1-26-05)

Cross References: Penalty for Class 1 misdemeanor, 1-11; solid waste, Ch. 32.

State Law References: Authority for above section, Code of Virginia, 15.2-901, 15.2-1115.

 

Sec. 24-38. Abandoned or discarded refrigerators and other airtight containers.

 

(a) It shall be unlawful for any person to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind, with an interior storage area of more than two (2) cubic feet of clear space, which is airtight, without first removing the door or doors or hinges from such icebox, refrigerator, container, device or equipment.

 

(b) This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.

 

(c) Any violation of the provisions of this section shall constitute a Class 3 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-26)

Cross References: Penalty for Class 3 misdemeanor, 1-11; compliance with above section with respect to discarded refrigerators and other containers to be collected by city, 32-36.

State Law References: Similar provisions, Code of Virginia, 18.2-319.

 

Sec. 24-39. Open storage of inoperable vehicles on property zoned for residential purposes.

 

(a) For purposes of this section, the term "shielded or screened from view" means completely precluding visibility of the subject vehicle by someone standing at ground level from outside of the property on which the vehicle is located by placing the vehicle within an area completely enclosed by any combination of the following: (1) a solid, rigid, six-foot opaque fence composed of standard fencing materials; and/or (2) a landscape arrangement of non-deciduous trees or shrubs, sufficient in height, spacing, density and circumference; and/or (3) a permanent structure.

 

As used in this section, the term "person" shall be defined as any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.

 

(b) It shall be unlawful for any person to keep, or allow to be kept, on any property in the city zoned for residential purposes, any motor vehicle, trailer or semi-trailer, as defined in section 46.2-100 of the Code of Virginia, as amended, which is inoperable, unless the same is kept within a fully enclosed building or structure or is otherwise shielded or screened from view. The placing, draping or securing of a tarpaulin or other non-rigid cover over and around an inoperable vehicle shall not be sufficient to comply with the requirements of this section. It shall be unlawful for any person to keep more than (2) inoperable motor vehicles, which have been shielded or screened as described above, outside of a fully enclosed building or structure.

 

(c) For the purposes of this section, an "inoperable motor vehicle" shall mean:

 

(1) Any motor vehicle which is not in operating condition; or

 

(2) Any motor vehicle which, for a period of sixty (60) consecutive days or longer, has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which both the valid license plates and the valid inspection sticker are not present.

 

Notice shall be given to the property owner once a vehicle, as described in subsection (b) above, is discovered.

 

(d) The owner of any property shall remove therefrom any inoperable motor vehicle, trailer or semi-trailer located thereon in violation of this section. The city, through its own agents or employees may remove any such vehicle whenever the owner of the property, after a ten-day notice, has failed to do so. In the event the city so removes any such vehicle, after having given such reasonable notice, the city may dispose of such vehicle after giving additional notice to the owner of the vehicle. The cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and may be collected by the city as taxes are collected. Every cost authorized by this section with which the owner of the premises shall have been assessed shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs has been made to the city.

 

(e) An initial violation of this section shall be punishable by a fine of not more than five hundred dollars ($500.00). A second or subsequent violation shall be punishable by a fine of not more than one thousand dollars ($1,000.00).

 

(f) If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this section.

 

(g) Exceptions to the requirements stated in sections (b) and (c) above may be applied for by making application to the board of zoning appeals.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-7, 25.1-8; Ord. No. 728, 9-8-82; Ord. No. 860, 5-27-87; Ord. No. 945, 8-9-98; Ord. No. 1000, 3-13-91; Ord. No. 1066, 9-23-92; Ord. No. 1292, 3-28-01; Ord. No. 1389, 1-26-05)

Cross References: Penalty for Class 1 misdemeanor, 1-11; junk dealers, Ch. 27.

State Law References: Authority for above section, Code of Virginia, 15.2-904

 

Sec. 24-39.1. Open storage of inoperable vehicles on property zoned for other than residential purposes.

 

(a) It shall be unlawful for any person to keep or permit the keeping on any property or parcel of land zoned for other than residential purposes, except in a fully enclosed building or structure, more than five (5) inoperable motor vehicles, trailers or semi-trailers, as defined in Code of Virginia, section 46.2-100, as amended. For purposes of this section, an inoperable vehicle is one (1) which:

 

(1) Is not in operating condition; or

 

(2) For a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal.

 

(b) For purposes of this section, the following terms shall have the following definitions:

 

(1) Residential zoned property means property that the zoning category permits single-family or multifamily residential use.

 

(2) Owner means the owner of the vehicle or, if the owner of the vehicle cannot be ascertained, the owner of the premises.

 

(3) Person means any individual, firm, corporation, owner, sole proprietorship, partnership, incorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity who also possesses a Federal Tax ID number and a retail sales tax ID number and a current city business license and garage keepers liability insurance.

 

(c) After the sixty-day period referred to in subsection (a)(2) of this section has elapsed, any remaining inoperative vehicles must be moved to a screened area, so that there are never more than five (5) inoperative vehicles outside of the screened area at any one (1) time.

 

(d) A violation of this section shall constitute a Class 1 misdemeanor.

 

(e) If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this section.

 

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

(Ord. No. 1285, 9-27-00; Ord. No. 1389, 1-26-05)

 

Sec. 24-40. Electric fences.

 

It shall be unlawful and a Class 1 misdemeanor for any person to erect, install or maintain any electric fence, regardless of power source, within the city.

(Ord. No. 428, 8-1-87; Code 1964, 8.1-87)

Cross References: Penalty for Class 1 misdemeanor, 1-11; barbed wire, 9-206 et seq.; electric fences to be used in mobile home parks, 20-89.

State Law References: Restrictions on use of electric fences on agricultural lands. Code of Virginia, 55-298.1 et seq.

 

Sec. 24-41. Body art and body art establishments.

 

(a) Definitions.

 

(1) Body art artist: Any person who performs the work or procedures involving invasive methods such as body piercing or tattooing to physically adorn the body of another.

 

(2) Body art establishment: Any establishment, place or premises in which body piercing or tattooing is offered or performed.

 

(3) Body art procedure: The practice of applying physical body adornment to an individual using invasive procedures or methods such as body piercing, tattooing, and other similar procedures.

 

(4) Body piercer: Any person who performs the work or act of body piercing.

(5) Body piercing: The act of penetrating the skin of a person to make a hole, mark or scar, generally permanent in nature.

(6) Body piercing establishment: Any establishment, place or premises in which body piercing is performed.

 

(7) Body piercing operator: A person who controls, operates, owns, conducts or manages any body piercing establishment, whether performing the work of body piercing or not.

 

(8) Ear piercing: The puncturing of the outer perimeter or lobe of the ear with an instrument or mechanized ear-piercing system.

 

(9) Medical/hazardous waste: Means any liquid or semi-liquid blood or other potentially infections materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing blood and other potentially infectious materials, as defined in 29 C.F.R. 1910.1030.

 

(10) Sharps: Any objects (sterile or contaminated) that may purposely or accidentally cut or penetrate the skin or mucosa, including, but not limited to, pre-sterilized, single-use needles, scalpel blades, razor blades, etc.

 

(11) Tattoo: To place any design, letter, scroll, figure, symbol or any other mark upon or under the skin of any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.

 

(12) Tattoo artist: Any person who actually performs the work of tattooing.

 

(13) Tattoo establishment: Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.

 

(14) Tattoo operator: Any person who controls, operates, conducts or manages any tattoo establishment, whether actually performing the work of tattooing or not.

 

(b) Compliance with section. No person shall control, operate or conduct or manage any body art establishment or perform tattooing or body piercing on any person without complying with the requirements of this section.

 

(c) Violations. Any person who violates any provisions of this section shall be guilty of a Class 2 misdemeanor. Any second or subsequent violation of this section shall be punished as a Class 1 misdemeanor.

 

(d) Exemptions. This section shall not apply to medical doctors, veterinarians, registered nurses or any other medical services personnel, licensed pursuant to Title 54.1 of the Code of Virginia, when the tattoo or body piercing is applied to identify the location of a lesion, when made necessary by reconstructive surgery, to identify an animal with a code number or other identifier or to perform a valid medical or therapeutic function as determined by the health department. This section shall apply to personnel licensed pursuant to Title 54.1, and tattoo artists working under their directions, when the tattoo is applied for elective cosmetic reasons such as "permanent makeup."

 

(e) Permit required.

 

(1) No person shall control, operate, conduct or manage any body art establishment, whether actually performing the work of body art or not, without first obtaining a permit from the health department. Such an application for a permit shall be made on an application form provided by the city manager or his designee. The permit shall be clearly displayed to the public in the body art establishment at all times when the body art establishment is open for business.

 

(2) If a body art operator controls, operates, conducts, or manages more than one (1) body art establishment, the operator shall obtain and pay for a separate permit for each body art establishment located in Hampton. If there is a change in ownership, the body art operator must obtain a new permit, and pay the permit fee, prior to commencing business under the new ownership.

 

(3) The permit fee shall be one thousand five hundred dollars ($1,500.00) for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire December 31 of that year, regardless of the date issue. For any person required to obtain a permit under the provision of this section after the first day of January, the permit fee shall be prorated as follows: between January 1 and on or before March 31, the full permit fee shall be paid; between April 1 and on or before June 30, three-fourths (3/4) of the permit fee shall be paid; between July 1 and on or before September 30, one-half (1/2) of the permit fee shall be paid; and after September 30 of the licensing year, one-fourth (1/4) of the permit fee shall be paid.

 

(4) All body art-related procedures shall be carried out in a clean, safe and sanitary manner as approved by the health department so as to minimize the potential for disease transmission. The health department is authorized to revoke a permit to operate a body art establishment upon fourteen (14) calendar days written notice whenever it determines the body art establishment is in violation of this section to a sufficient degree that it presents a significant risk to the public health. The operator of the body art establishment may request a hearing of the department within fourteen (14) days of the receipt of the written notice in order to appeal the permit revocation. The department is further authorized to suspend the permit immediately for imminent health hazards to include, but not be limited to lack of water, inoperable toilet facilities, loss of electric power, or significant damage from fire or storm.

 

(f) Body art operators and body art artists.

 

(1) No body art operator shall employ a body art artist (including himself if he works as a body art artist) until the artist has been vaccinated against hepatitis B. Prior to beginning work, the body art artist shall present a copy of his medical record or other documentation from a licensed health care provider or immunization clinic, which demonstrates that he has been immunized against hepatitis B. The body art operator shall retain this document, or a copy of it, and present it to the health department when requested and when requesting or renewing a permit.

 

(2) A body art artist may begin work as a body art artist when he has received a single dose of hepatitis B vaccine. However, the body art artist shall continue to work only if he completes the immunization series for hepatitis B within six (6) months of the date of the initial vaccination dose. If a body art artist does not complete the series within this time period, he shall cease work as a body artist at the end of that period. He may resume work only upon presentation of documentation indicating that he has completed the vaccine series.

 

(3) The body art operator shall be responsible for ensuring and documenting that all body art artists in his employment, (including himself if he works as a body art artist), are in compliance with this hepatitis B vaccination requirement and blood borne pathogen training. The body art operator shall further be responsible for notifying the health department in writing of any body art artist who fails to complete the hepatitis B vaccination series.

 

(4) No body art artist known to have chronic hepatitis B, chronic hepatitis C, or HIV infection shall be allowed to work as a tattoo artist. All body art artists shall complete annual blood borne pathogen training approved by the health department prior to beginning work. The body art artist and/or the body art operator shall present a certificate documenting that the artist has received this training, upon request by the health department, and shall display said certificate in public view.

 

(g) Body art establishment.

 

(1) All areas of the body art establishment shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the city and the Commonwealth of Virginia. The plans for a body art establishment, or for its renovation, shall be submitted to the health department for its approval prior to issuing a permit.

 

(2) Sleeping rooms, or arrangements for sleeping such as cots or beds, shall not be permitted in the body art establishment.

 

(3) All walls, ceilings and floors shall be smooth and easily cleaned. The floors shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed on the floors. Walls and ceilings shall be painted a light color. Ceiling tiles shall be smooth, non-porous and have vinyl faces. The floors shall be swept and mopped daily. The floors shall not be swept or cleaned while body piercing or tattooing is occurring. All doors shall be tight fitting and self-closing, and all windows able to open shall be screened, to prevent the entrance of vermin.

 

(4) Adequate light, at least twenty-foot candles on all surfaces and fifty-foot candles in the location and at the level or surface where the body art is actually applied, and ventilation shall be provided. All lights shall be properly shielded to prevent breakage.

 

(5) Adequate toilet and hand-washing facilities, with hot and cold running water, shall be available and accessible in the body art establishment at all times, and shall be separate and isolated from the business area in which body art is performed. These facilities shall be for the use of customers and personnel of the body art establishment. Toilets and washing facilities shall be maintained in a sanitary condition at all times. A separate hand sink shall be provided within the body art area for use by the body art artist(s). The hand sink shall be properly provided with hot and cold running water, hand soap, and individual paper towels in a dispenser. Smoking, eating, drinking or applying make-up is prohibited in the area in which body art is performed.

 

(6) All work surfaces shall be cleaned and disinfected promptly after each customer's body art application has been completed. Other surfaces or materials with gross blood shall also be cleaned and disinfected, or disposed of as infectious waste. All areas of the body art establishment shall be accessible for inspection by the health department and its authorized representatives. The health department is authorized to conduct unannounced inspections of body art establishments.

 

(7) All inks, dyes, pigments, tools and jewelry shall be specifically manufactured for performing body art procedures and shall be used according to the manufacturer's instructions.

 

(8) Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper or plastic cups. Upon completion of the tattoo, such cups and their contents shall be discarded in the manner prescribed in the next subsection.

 

(9) Only disposable, single-use instruments shall be used to apply tattoos. These instruments shall not be reused, and shall be disposed of in accordance with applicable laws. Single-use items shall not be used on more than one (1) client for any reason. The tattoo operator shall maintain invoices or other records sufficient to demonstrate that he has obtained and used an appropriate number of instruments to apply the tattoos listed in his log book. These invoices or other documentation shall be presented to the health department at anytime the department requests them.

 

(10) Tattooing instruments and equipment that are used repeatedly and are not available as disposable items shall be sterilized prior to each use, and maintained in a sterile condition until used. All instruments and jewelry used in body piercing shall be sterilized prior to each use, and maintained in a sterile condition until used.

 

(11) Sterilization of instruments and equipment shall be accomplished by exposure to live steam in an autoclave that is operated in accordance with manufacturer's instructions to obtain that sterilization. A copy of the procedures recommended by the manufacturer for the operation of the sterilization unit it shall be made available at the establishment for inspection by the health department. The body art operator shall be responsible for maintaining a log, which indicates that the autoclave has been checked during each cycle and meets the aforementioned standards. Each load of instruments and equipment shall contain an indicator that demonstrates that the proper temperature has been achieved. A biological indicator shall be used at least every thirty (30) days to demonstrate that the procedure used is capable of killing bacteria. Printed documentation from the testing company shall be presented to the health department at anytime the department requests them. The health department is authorized to approve alternative sterilization methods.

 

(12) The skin surface to be tattooed or pierced shall be cleaned and sanitized using processes and materials approved by the health department. All hazardous waste, body fluids, and medical waste of any kind shall be disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. After use, all single-use needles, razors, and other sharps shall be immediately disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. A copy of the contract with an approved medical waste disposal company must be provided to the health department. Receipts for pickup of hazardous and medical wastes shall be maintained and provided to the health department upon request. Such medical waste shall be disposed of at least once every thirty (30) days. Failure to dispose of such hazardous and medical wastes in accordance with this section may result in immediate suspension of the body art establishment's permit to operate.

 

(13) At no time shall there be any animals in the establishment except for those used as service animals by patrons with disabilities or by public officials in their official duties.

 

(h) Written records.

 

(1) The body art operator shall create and maintain a written record for each person who receives a body art procedure. This record shall contain the information listed below, and any additional information required by the health department. Such records shall be maintained for a minimum period for four (4) years, except if the patron is under eighteen (18) years of age, in which even these records shall be maintained for a minimum of four (4) years from the eighteenth birthday of said patron and shall include the following information:

 

a. Name, address, sex and date of birth of the person receiving the body art;

 

b. Date of body art procedure;

 

c. Physical location of the body art on the body, and a description of the body art;

 

d. Name, address and office telephone number of the person performing the body art;

 

e. Parent or legal guardian written consent form for minors;

 

f. Name and address of the manufacturer of the dyes used as well as identifying information about the dye solutions and types of dyes used, including lot numbers, colors and date of expiration. This information shall be made available and released to the customer and the health department upon request; and

 

g. Name and address of the manufacturer of the jewelry used in body piercing, description of the jewelry to include color, composition and shape. This information shall be made available and released to the customer and the health department upon request.

 

(2) At such time as the body art establishment ceases doing business or is removed from the city, copies of all such records shall be provided to the health department. If the body art establishment changes its name or has a change in ownership or management, it shall continue to maintain such records in accordance with this section.

 

(i) Body art customer.

 

(1) The skin surface to be tattooed and any jewelry to be used shall be cleaned and sanitized using processes and materials approved by the health department. No person, customer or patron having any skin infection or other disease of the skin in the area where the body art is to be applied, or within twelve (12) inches of that area shall have body art performed. No person, customer or patron having a generalized skin infection or other generalized disease of the skin shall have body art performed. No body art artist having any infection or disease on the skin on his hands, arms, face, or neck shall perform body art. All infections resulting from the practice of body art which become known to the body art operator shall promptly be reported to the health department by the person owning or in charge of the body art establishment, and the infected client shall be referred to a physician by the body art establishment operator or body art artist.

 

(2) The body art artist shall provide, each customer who receives body art with a written instruction sheet detailing the procedures the customer should use to take care of the body art, indications that the body art may have become infected, a recommendation to have a possibly infected piece of body art evaluated by a physician or other licensed health care professional, and instructions to report the possibly infected body art to the health department.

 

(3) No body art shall be performed on any person under the age of eighteen (18) years without the written consent of his or her parent or guardian, and such written consent shall be kept on file for at least four (4) years at the body art establishment from the eighteenth birthday of the minor. Written proof of age shall be obtained for all customers twenty-one (21) years of age or younger before the body art is done. Written proof of age shall be photocopied and kept by the body art operator. All customers under eighteen (18) years of age shall be accompanied by a parent or legal guardian. Both customer and parent or guardian shall sign a consent form and a driver's license or other appropriate form of identification of both the customer and the parent or guardian shall be photocopied and attached to the consent form.

 

(4) Body art artists and body art operators shall refuse service to any person whom the body art artist or body art operator knows, or has reason to believe, is intoxicated or under the influence of illegal or controlled drugs.

 

(5) No person shall state or imply in any advertisement or publication, written or oral and prepared or uttered for the purpose of soliciting business, that the body art establishment is endorsed, or approved by the city or by any of its departments.

 

(6) The body art artist shall wash his or her hands between customers, between working on different parts of the body on the same person, after removing gloves and after interruption of service. The body art artist shall wear protective, disposable latex or vinyl gloves while performing body art and shall wear a new pair of gloves for each client and when working on different parts of the same client.

 

(7) The name, address and telephone number of the body art establishment shall be on the heading of all waivers, care sheets, consent and other forms utilized by the body art establishment.

 

(8) The body art operator shall file with the health department annually with the license application and any renewal thereof a list of the following information for each employee: Name, permit number, home address, home phone number, and position or job title. With respect to the body art artists, the body art operator shall also submit proof of vaccination as required by subsection (f))(2). The body art operator shall amend the list accordingly and submit it to the health department immediately upon the addition of an employee or termination of an employee.

 

(9) No body art artist or body art operator shall tattoo or pierce the genitals, areola, nipple, pubic area, or buttocks of any member of the opposite sex, nor shall any male body art artist or male body art operator tattoo or pierce the breasts of any female if the tattoo or piercing is outside the areola and nipple.

 

(10) No body art artist shall perform body art on any client unless the body art artist complies with the Centers for Disease Control and Prevention's guidelines for the "Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure:

 

a. Body art is an invasive procedure in which the skin is penetrated by a foreign object.

 

b. If proper sterilization and antiseptic procedures are not followed by body art artists, there is an increased risk of transmission of blood borne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B and C viruses. Proper sterilization and antiseptic procedures reduce the risk of blood borne pathogen transmission but cannot entirely eliminate the risk.

 

c. Body art may cause allergic reactions in persons sensitive to dyes or the metals used in ornamentation.

 

d. Body art may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the body art artist unless such person holds the appropriate license from a Virginia Health Regulatory Board.

(Ord. No. 1340, 9-11-02; Ord. No. 1342, 2-12-03; Ord. No. 1396, 4-13-05)

Editors Note: Ord. No. 1339, adopted Sept. 11, 2002, repealed former 24-41, which pertained to tattooing or operating tattoo establishment. See the Code Comparative Table.

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 24-42. Dropping advertising or other matter from aircraft.

 

It shall be unlawful and a Class 1 misdemeanor for any person to drop any advertising, promotional or solicitation paper, leaflet or device, or any other matter, from aircraft flown over the city.

(Ord. No. 216, Code 1964, 2A-3)

Cross References: Penalty for Class 1 misdemeanor, 1-11; advertising, Ch. 3; solicitations, Ch. 31.

 

Sec. 24-43. Obstructing or polluting drains or waterways.

 

(a) It shall be unlawful for any person to place, or cause to be placed, in any natural drain or natural waterway in the city, any material or substances which obstruct, stop, interfere with or are likely to obstruct, stop or interfere with the natural flow of the water along, through and over such natural drain or waterway, or to pollute or cause to be polluted the waters in, on and along such natural drain or waterway.

 

(b) It shall be unlawful for any person to place, or cause to be placed, in, on or about any drain constructed or maintained by the city, which shall include storm sewers, mosquito-control ditches and other constructions and drains maintained by the city, any material or substance causing or likely to cause any obstruction or stoppage of the use of such drains and ditches.

 

(c) Any person violating this section shall be guilty of a Class 3 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-11)

Cross References: Penalty for Class 3 misdemeanor, 1-11; waterways generally, Ch. 7.

 

Sec. 24-44. Motion pictures; posting of a manager.

 

(a) Every person engaged in the business of presenting motion pictures, where a charge is made for admission, shall post prominently therein the name and address of a person residing in the locality who is the manager of such business.

 

(b) The word "manager" as used in this section shall be construed to mean any person designated by the business who is responsible for the presentation of the motion pictures.

(Ord. No. 758, 27.1-15.1, 8-24-83)

 

Sec. 24-45. Pharmacist required for certain businesses selling proprietary medicines; penalty.

 

(a) The owner or proprietor of any establishment which has gross sales of proprietary medicines, nonprescription drugs and over-the-counter drugs exceeding seventy-five (75) percent of total gross sales shall employ a registered pharmacist on the premises during business hours.

 

(b) Any person who violates this section shall be guilty of a Class 1 misdemeanor. "Person" includes individual, partnership, corporation, association, governmental agency, trust, or other institution or entity.

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 24-46. Repealed.

 

Sec. 24-47. Same--Constitutes a nuisance.

 

The sale or distribution of any imitation controlled substance, as defined in section 24-46, to a person under the age of eighteen (18) years of age, shall constitute a nuisance detrimental to the health, safety and welfare of the residents of the city.

(Ord. No. 763, 27.1-44.3, 11-9-83)

 

Sec. 24-48. Unlawful use of laser pointing devices.

 

(a) For purposes of this section, laser pointing devices is defined as any hand-held device which emits light amplified by the stimulated emission of radiation which is visible to the human eye.

 

(b) It shall be unlawful for any person, intentionally and without good cause, to focus, point or shine the beam of a laser pointing device directly or indirectly into the eyes of another person or to focus, point or shine the beam of a laser pointing device in such a manner as to harass or annoy another person.

 

(c) Violation of the provisions of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 1233, 1-13-99)

 

Sec. 24-49. Urinating in public.

 

Any person who urinates or defecates in public or in a place open to public view, including any street, alley, sidewalk or park, except in public restroom facilities, shall be guilty of a Class 4 misdemeanor.

(Ord. No. 1193, 9-10-97; Ord. No. 1240, 2-24-99)

 

Secs. 24-50--24-110. Reserved.

 

ARTICLE II.

 

DRUG BLIGHT*

__________

* Editors Note: Ordinance No. 1161, adopted February 28, 1996, amended the Code by adding 22.1-1, 22.1-2. For purposes of classification, such new provisions were included herein as 24-111, 24-112 at the discretion of the editor.

__________

 

Sec. 24-111. Definitions.

 

The following words, terms, and phrases, when used in this article, shall have the following meanings, unless the content clearly indicates otherwise:

 

Affidavit means the affidavit prepared by the chief of police, or his designee, in accordance with subsection 24-112 (b)(1).

 

Controlled substance means illegally obtained controlled substances or marijuana, as defined in section 54.1-3401 of the Code of Virginia, as amended.

 

Corrective action means the taking of steps which are reasonably expected to be effective to abate drug blight on real property, such as removal, repair or securing of any building, wall or other structure.

 

Drug blight means a condition existing on real property which tends to endanger the public health or safety of residents of the city and is caused by the regular presence on the property of persons under the influence of controlled substances or the regular use of the property for the purpose of illegally possessing, manufacturing or distributing controlled substances.

 

Owner means the record owner of real property.

 

Property means real property.

(Ord. No. 1161, 2-28-96)

 

Sec. 24-112. Corrective action for buildings and other structures harboring illegal drug activity; abatement.

 

(a) This section is adopted pursuant to the powers vested in the city by section 15.2-907 of the Code of Virginia of 1950, as amended.

 

(b) The city may undertake corrective action with respect to property which has been determined to be the situs of drug blight in accordance with the procedures described herein:

 

(1) The chief of police, or his designee, shall execute and forward to the director of codes compliance an affidavit, citing this section and section 15.2-907 of the Code of Virginia of 1950, as amended, to the effect that drug blight exists on the property and in the manner described therein; the city has used diligence without effect to abate the drug blight; and the drug blight constitutes a present threat to the public's health, safety or welfare.

 

(2) The director of codes compliance, or his designee, shall then send a notice to the owner of the property, to be sent by regular mail to the last address listed for the owner on the city's assessment records for the property, together with a copy of such affidavit, advising that the owner has up to thirty (30) days from the date thereof to undertake corrective action to abate the drug blight described in such affidavit, and the city will, if requested to do so, assist the owner in determining and coordinating the appropriate corrective action to abate the drug blight described in such affidavit.

 

(3) If appropriate corrective action is not undertaken during such thirty-day period, the director of codes compliance, or his designee, shall send by regular mail an additional notice to the owner of the property, at the address stated in the preceding paragraph, stating the date on which the city may commence corrective action to abate the drug blight on the property, which date shall be no earlier than fifteen (15) days after the date of mailing of the notice. Such notice shall also reasonably describe any corrective action contemplated to be taken by the city. Upon receipt of such notice, the owner shall have a right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition for relief is pending before a court of competent jurisdiction.

 

(c) If the city undertakes corrective action with respect to the property after complying with the provisions of subsection (b), the costs and expenses thereof shall be chargeable to, and paid by, the owner of such property and may be collected by the city as taxes are collected.

 

(d) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local taxes and enforceable in the same manner as provided in articles 3 (section 58.1-3940 et seq.) and 4 (section 58.1-3965 et seq.) of chapter 39 of title 58.1, Code of Virginia of 1950, as amended.

 

(e) If the owner of such property takes timely corrective action pursuant to this section, the city shall deem the drug blight abated, shall close the proceeding without any charge or cost to the owner, and the director of codes compliance, or his designee, shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs.

(Ord. No. 1161, 2-28-96; Ord. No. 1263, 11-17-99)

 

ARTICLE III.

 

GRAFFITI

 

Sec. 24-113. Definition of "graffiti."

 

"Graffiti" shall mean the unauthorized application by any means of any writing, painting, drawing, etching, scratching or marking of an inscription, word, figure or design of any type on any public or private building or other real estate or personal property owned, operated or maintained by a governmental entity or agency or instrumentality thereof or by any private person, firm, or corporation.

(Ord. No. 1211, 5-27-98)

 

Sec. 24-114. Graffiti prohibited; criminal penalty.

 

(a) It shall be unlawful for any person to deface or damage by application of graffiti any public buildings, facilities or other property, or any private buildings, facilities or other property if the damage to the private property is less than one thousand dollars ($1,000.00).

 

(b) Any person convicted of a violation of subsection (a) shall be guilty of a Class 1 misdemeanor. Upon a finding of guilt in a case tried before the court without a jury where the violation constitutes a first offense, the court, without entering a judgment of guilt, upon motion of defendant, may defer further proceedings and place defendant on probation pending completion of a plan of community service work. If defendant completes the community service work as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Such discharge and dismissal procedure under this section shall be without adjudication of guilt and operates as a conviction only for the purposes of applying this article in subsequent proceedings. If the defendant fails or refuses to complete community service as ordered by the court, the court may make final disposition of the case as otherwise provided. Any fine imposed pursuant to conviction of a minor for violations of this section shall be assessed against the minor and such minor's parents or legal guardian.

 

(c) Community service work prescribed by the court under subsection (b) shall include, to the extent feasible, the repair, restoration, or replacement of any damage or defacement to property within the city, and may include clean-up, beautification, landscaping or other appropriate community service within the city.

 

(d) Community service work prescribed by the court under subsection (b) shall be performed under the supervision of the city manager or his/her designee, who shall report on such work to the court imposing the community service work requirement at such times and in such manner as the court may direct.

 

(e) At or before the time of sentencing under this section, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant, as well as the recommendations of the city's community service supervisor concerning the plan.

 

(f) No person convicted of a violation of this article shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community services, or both, as is more particularly set forth in Code of Virginia, 19.2-305.1.

(Ord. No. 1211, 5-27-98)

 

Sec. 24-115. Parental liability for cost of graffiti removal.

 

In the event graffiti is applied to any public property by a minor who is living with either or both parents or a legal guardian, the city may institute an action and recover from the parents of the minor, or either of them, or from the legal guardian the costs for damages suffered by reason of the willful destruction of, or damage to, public property by the minor. The action by the city shall be subject to any limitation on the amount of recovery set forth in section 8.01-43 of the Code of Virginia or other applicable state law. Any recovery action brought by an owner for damages to private property by reason of graffiti shall be subject to the limitation set forth in section 8.01-44 of the Code of Virginia.

(Ord. No. 1211, 5-27-98)

 

Sec. 24-116. Graffiti declared a nuisance.

 

The existence of graffiti within the city limits in violation of this article is expressly declared a public nuisance, and is subject to the removal and abatement procedures specified in this article.

(Ord. No. 1211, 5-27-98)

 

Sec. 24-117. Removal of graffiti.

 

(a) The city manager or a designated representative of the city manager is authorized to undertake or contract for the removal or repair of the defacement of any public building, wall, fence or other structure by the application of graffiti.

 

(b) The city manager or a designated representative is also authorized to undertake or contract for the removal or repair of the defacement by graffiti of any private building, wall, fence or other structure visible from any public right-of-way in accordance with the following procedures:

 

(1) Prior to such removal of graffiti from private property, the city manager or a designated representative shall issue to the property owner, by regular mail sent to the last address listed for the owner in city property assessment records, a notice which states: the street address and legal description of the property; that the property has been determined by the city to constitute a graffiti nuisance; that the owner must take corrective action to abate the nuisance created by such graffiti within fifteen (15) days of the date of the notice; and that if the graffiti is not removed within the 15-day period, the city will begin removal procedures, the cost of which shall be charged to the homeowner. The notice shall further advise the owner of the right to challenge the city's determination and proposed action by requesting a meeting with a designated city official identified in the notice within fifteen (15) days of the date of the notice. The city shall initiate no corrective actions while a request for such a meeting or the outcome of such a meeting is pending. The determination of the designated city official following the requested meeting shall be final.

 

(2) If no corrective action is taken by the property owner within the fifteen-day period provided above and there is no request to challenge the city's determination within that period, the city manager or a designee of the city manager shall send by regular mail an additional notice to the property owner. The second notice shall conform to the requirements of the first notice as set forth in subsection (b)(1) above and shall also state the date on which the city will commence corrective action to remove the graffiti on the property, which date shall be no earlier than fifteen (15) days from the date of mailing the second notice. Such additional notice shall also reasonably describe the corrective action contemplated to be taken by the city. Where the property owner fails to abate the nuisance within fifteen (15) days after issuance of the second notice, the city manager or a designated representative of the city manager is authorized to undertake removal efforts forthwith.

 

(3) Before entering upon private property for the purpose of graffiti removal, the city shall attempt to obtain the consent of the property owner, occupant or other responsible party.

 

(c) Where a structure defaced by graffiti is owned by a public entity other than the city, the removal of the graffiti by the city is authorized only after securing the consent of an authorized representative of the public entity having jurisdiction over the structure.

(Ord. No. 1211, 5-27-98)

 

Sec. 24-118. Emergency removal of graffiti.

 

If the city manager or his designee determines that any graffiti is an immediate danger to public health, safety or welfare and is unable to provide notice by personal service after at least two (2) attempts to do so, then forty-eight (48) hours after the later of (1) mailing notice to the property owner or other responsible party and (2) posting notice in a conspicuous place on the property, the city may remove or cause the graffiti to be removed at its expense.

 

Sec. 24-119. Assessment of costs against property for removal of graffiti.

 

(a) If the city undertakes corrective action to remove graffiti from private property after complying with the notice provisions of subsection 24-117(b), the total cost for such removal and related repairs shall be chargeable to and paid by the property owner, and may be collected as a special assessment against the respective lot or parcel of land to which it relates in the manner in which city taxes and levies are collected.

 

(b) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local taxes and enforceable in the same manner as such liens.

(Ord. No. 1211, 5-27-98)

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council