Town Code Chapter 42 Part 2 OFFENSES AND MISCELLANEOUS PROVISIONS PDF Print E-mail

  DIVISION 2.

 

GAMBLING

 

Sec. 42-241. Definitions.

 

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Gambling device includes:

 

            (1)        Any device, machine, paraphernalia, equipment, or other thing, including books, records and other papers, which are actually used in an illegal gambling operation or activity; and

 

            (2)        Any machine, apparatus, implement, instrument, contrivance, board or other thing, including but not limited to those dependent upon the insertion of a coin or other object for their operation, which operates, either completely automatically or with the aid of some physical act by the player or operator, in such a manner that, depending upon elements of chance, it may eject something of value or determine the prize or other thing of value to which the player is entitled; provided, however, that the return to the user of nothing more than additional chances or the right to use such machine is not deemed something of value within the meaning of this subsection; and provided, further, that machines that only sell or entitle the user to items of merchandise of equivalent value that may differ from each other in composition, size, shape or color shall not be deemed gambling devices within the meaning of this subsection.

 

Such devices are no less gambling devices if they indicate beforehand the definite result of one or more operations but not all the operations; nor are they any less a gambling device because, apart from their use or adaptability as such, they may also sell or deliver something of value on a basis other than chance.

 

Illegal gambling means the making, placing or receipt of any bet or wager in this commonwealth of money or other thing of value, made in exchange for a chance to win a prize, stake or other consideration or thing of value, dependent upon the result of any game, contest or any other event, the outcome of which is uncertain or a matter of chance, whether such game, contest or event occurs or is to occur inside or outside the limits of this town.

 

Interstate gambling means the conduct of an enterprise for profit which engages in the purchase or sale within the commonwealth of any interest in a lottery of another state or country, whether or not such interest is an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of such interest.

 

Operator includes any person who conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation.

(Code 1992, § 15-106)

                Cross References: Definitions generally, § 1-2.

                State Law References: Similar provisions, Code of Virginia, § 18.2-325.

 

Sec. 42-242. Penalty for illegal gambling.

 

Except as otherwise provided in this division, any person who illegally gambles or engages in interstate gambling as defined in section 42-241 shall be guilty of a class 3 misdemeanor. If an association or pool of persons illegally gamble, each person therein shall be guilty of illegal gambling.

(Code 1992, § 15-107)

                Charter References: Authority of town council to punish and prohibit wagering and betting regardless of the amount won or lost, § 26.

                State Law References: Similar provisions, Code of Virginia, § 18.2-326.

 

Sec. 42-243. Accessories to gambling activity.

 

Any person, other than those persons specified in other sections of this division, who knowingly aids, abets or assists in the operation of an illegal gambling enterprise, activity or operation shall be guilty of a class 1 misdemeanor.

(Code 1992, § 15-112)

                State Law References: Similar provisions, Code of Virginia, § 18.2-330.

 

Sec. 42-244. Illegal possession of gambling device.

 

A person is guilty of illegal possession of a gambling device when he manufactures, sells, transports, rents, gives away, places or possesses or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of any gambling device, believing or having reason to believe that the device is to be used in the advancement of unlawful gambling activity. Violation of this section shall constitute a class 1 misdemeanor.

(Code 1992, § 15-109)

                State Law References: Similar provisions, Code of Virginia, § 18.2-331.

 

Sec. 42-245. Bingo games, raffles and duck races conducted by certain organizations.

 

Nothing in this division shall apply to any bingo game, instant bingo, raffle, or duck race conducted solely by organizations as defined in Code of Virginia, § 18.2-340.16 which have received a permit as set forth in Code of Virginia, § 18.2-340.25, or which are exempt from the permit requirement under Code of Virginia, § 18.2-340.23.

(Code 1992, § 15-108)

                State Law References: Similar provisions, Code of Virginia, § 18.2-334.2.

 

Secs. 42-246--42-270. Reserved.

 

  DIVISION 3.

 

PROSTITUTION AND RELATED OFFENSES*

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*             Charter References: Authority of town council to suppress houses of ill fame and bawdy houses, and provide that upon evidence of general reputation that such houses are used for the purpose of lewdness, the same shall be abated as nuisances, § 26.

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Sec. 42-271. Being a prostitute or prostitution.

 

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

 

            (b)        Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated in subsection (a) of this section and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a class 1 misdemeanor.

(Code 1992, § 15-161)

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

 

Sec. 42-272. Keeping, residing in or frequenting a bawdy place.

 

            (a)        As used in this section, the term "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.

 

            (b)        It shall be unlawful for any person to keep any bawdy place or to reside in or at or visit, for immoral purposes, any such 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.

(Code 1992, § 15-162)

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

 

Sec. 42-273. Aiding prostitution or illicit sexual intercourse.

 

It shall be unlawful for any person or any officer, employee or agent of any firm, association or corporation, 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 town. It is also unlawful to procure or assist in procuring for the purpose of illicit sexual intercourse, or any act violative of Code of Virginia, § 18.2-361, or to give any information or direction to any person with intent to enable such person to commit an act of prostitution.

(Code 1992, § 15-163)

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

 

Sec. 42-274. Using vehicles to promote prostitution or unlawful sexual intercourse.

 

It shall be unlawful for any owner or chauffeur of any vehicle, with knowledge or reason to believe the vehicle is to be used for such purpose, to use the vehicle or to allow the vehicle 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 1992, § 15-164)

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

 

Sec. 42-275. Confinement of convicted prostitutes and persons violating sections 42-272 through 42-274.

 

Every person convicted of being a prostitute and every person convicted of violating any of the provisions of sections 42-272 through 42-274 shall be guilty of a class 1 misdemeanor; provided, however, when a city or county farm or hospital is available for the confinement of persons so convicted, confinement may be in such farm or hospital, in the discretion of the court or judge.

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

 

Secs. 42-276--42-300. Reserved.

 

  DIVISION 4.

 

OBSCENITY AND RELATED OFFENSES

 

Sec. 42-301. Definitions.

 

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Obscene means that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value.

(Code 1992, § 15-136)

                Cross References: Definitions generally, § 1-2.

                State Law References: Similar provisions, Code of Virginia, § 18.2-372.

 

Sec. 42-302. Obscene items enumerated.

 

Obscene items shall include the following:

 

            (1)        Any obscene book;

 

            (2)        Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper sticker, drawing, photograph, film, negative, slide, motion picture, videotape recording; or

 

            (3)        Any obscene figure, object, article, instrument, novelty device or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words or sounds.

(Code 1992, § 15-137)

                State Law References: Similar provisions, Code of Virginia, § 18.2-373.

 

Sec. 42-303. Production, publication, sale, possession or distribution of obscene items.

 

            (a)        For the purposes of this section, the term "distribute" shall mean delivery in person, by mail, by messenger or by any other means by which obscene items may pass from one person to another.

 

            (b)        It shall be unlawful for any person knowingly to:

 

            (1)        Prepare any obscene item for the purposes of sale or distribution;

 

            (2)        Print, copy, manufacture, produce or reproduce any obscene item for purposes of sale or distribution;

 

            (3)        Publish, sell, rent, lend, transport in intrastate commerce or distribute or exhibit any obscene item, or offer to do any of these things; or

 

            (4)        Have in his possession with intent to sell, rent, lend, transport or distribute any obscene item.

 

            (c)        Possession in public or in a public place of any obscene item shall be deemed prima facie evidence of a violation of this section.

(Code 1992, § 15-138)

                Charter References: Authority of town council to prevent or restrain indecent or lewd conduct, pictures or exhibitions in the town and to prohibit lewd picture shows, etc., § 26.

                State Law References: Similar provisions, Code of Virginia, § 18.2-374.

 

Sec. 42-304. Drawings or writings on fences, buildings and other things exposed to public view.

 

It shall be unlawful for any person to draw, write or otherwise portray any vulgar, indecent or obscene word or picture upon any house, wall, pavement, fence or other thing exposed to public view in the town.

(Code 1992, § 15-139)

 

Sec. 42-305. Indecent exposure.

 

Every person who intentionally makes an obscene display or exposure of his person or the private parts thereof, in any public place or in any place where others are present, or procures another to so expose himself shall be guilty of a class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present.

(Code 1992, § 15-140)

                Charter References: Authority of town council to enact ordinances to prevent indecent conduct, § 26.

                State Law References: Similar provisions, Code of Virginia, § 18.2-387.

 

Secs. 42-306--42-330. Reserved.

 

  ARTICLE VIII.

 

OFFENSES AGAINST PEACE AND ORDER*

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*             Charter References: Authority of town council to prevent and disperse riots, disturbances and unlawful or disorderly assemblages, § 26.

                State Law References: Commission of certain offenses in town declared by governor to be in state of riot or insurrection, Code of Virginia, § 18.2-413.

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Sec. 42-331. 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 place or 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.

(Code 1992, § 15-20)

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

 

Sec. 42-332. Solicitation by public outcry.

 

It shall be unlawful for any person to solicit business or patronage by hawking, barking or any other kind or character of public outcry or by any noise-making activity or device on the streets, sidewalks or other public places in the town, except that loudspeakers may be used when a permit is obtained and all other applicable sections of this Code and other ordinances are complied with.

(Code 1992, § 15-24)

                State Law References: Local regulation of door-to-door vendors, Code of Virginia, § 15.2-913; municipal powers as to peddling, Code of Virginia, § 15.2-1114; license taxes on peddlers and itinerant merchants, Code of Virginia, § 58.1-3717 et seq.

 

Sec. 42-333. Handbill distribution and posting.

 

            (a)        No person shall distribute or cause to be distributed handbills in such manner as to interfere with the flow of traffic on any sidewalk or street.

 

            (b)        No person shall throw or place or cause to be thrown or placed any handbill on any street, sidewalk, or other public place.

 

            (c)        No person shall distribute or cause to be distributed any handbill which is obscene, as defined by state law.

 

            (d)       No person shall distribute or cause to be distributed any handbill, the contents of which advocate unlawful conduct.

 

            (e)        No person shall post or affix any handbill to any telephone, telegraph or other pole within the town to which electric wires are affixed.

 

            (f)        No person shall place or cause to be placed any handbill on any automobile or other private property, real or personal, nor shall any person enter or cause entrance to be made on any private property at any time for the purpose of distributing handbills, unless previously invited by the owner or occupant of such property to do so.

(Code 1992, § 15-15)

                State Law References: "Obscene" defined, Code of Virginia, § 18.2-372; outdoor advertising in sight of public highways, Code of Virginia, § 33.1-351 et seq.

 

Sec. 42-334. Riots.

 

            (a)        Any unlawful use, by three or more persons acting together, of force or violence which seriously jeopardizes the public safety, peace or order is a riot.

 

            (b)        Every person convicted of participating in any riot shall be guilty of a class 1 misdemeanor.

(Code 1992, § 15-186)

                State Law References: Similar provisions, Code of Virginia, § 18.2-405.

 

Sec. 42-335. Unlawful assembly.

 

Whenever three or more persons assembled share the common intent to advance some lawful or unlawful purpose by the commission of an act 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, such assembly is an unlawful assembly. Every person who participates in any unlawful assembly shall be guilty of a class 1 misdemeanor.

(Code 1992, § 15-187)

                State Law References: Similar provisions, Code of Virginia, § 18.2-406.

 

Sec. 42-336. 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.

(Code 1992, § 15-188)

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

 

Sec. 42-337. Resisting or obstructing execution of legal process.

 

Every person acting jointly or in combination with any other person to resist or obstruct the execution of any legal process shall be guilty of a class 1 misdemeanor.

(Code 1992, § 15-189)

                State Law References: Similar provisions, Code of Virginia, § 18.2-409.

 

Sec. 42-338. Dispersal of unlawful or riotous assemblies; duties of officers.

 

When any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies; the police officials of the county, city or town; and any assigned militia; or any of them, shall go among the persons assembled or as near to them as safety will permit and command them in the name of the commonwealth immediately to disperse. If upon such command the persons unlawfully assembled do not disperse immediately, such sheriff, officer or militia may use such force as is reasonably necessary to disperse them and to arrest those who fail or refuse to disperse. To accomplish this end, the sheriff or other law-enforcement officer may request and use the assistance and services of private citizens. Every endeavor shall be used, both by such sheriff or other officers and by the officer commanding any other force, which can be made consistently with the preservation of life, to induce or force those unlawfully assembled to disperse before an attack is made upon those unlawfully assembled by which their lives may be endangered.

(Code 1992, § 15-190)

                State Law References: Similar provisions, Code of Virginia, § 18.2-411.

 

Sec. 42-339. Immunity of officers and others in quelling riot or unlawful assembly.

 

No liability, criminal or civil, shall be imposed upon any person authorized to disperse or assist in dispersing a riot or unlawful assembly for any action of such person which was taken after those rioting or unlawfully assembled had been commanded to disperse, and which action was reasonably necessary under all the circumstances to disperse such riot or unlawful assembly or to arrest those who failed or refused to disperse.

(Code 1992, § 15-191)

                State Law References: Similar provisions, Code of Virginia, § 18.2-412.

 

Sec. 42-340. Disorderly conduct in public places.

 

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

 

            (1)        In any street, highway, 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 at whom, individually, such conduct is directed;

 

            (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 governing body of any political subdivision of this commonwealth or a division or agency thereof or of any school, literary society or place of religious worship, if the disruption:

 

                        a.         Prevents or interferes with the orderly conduct of the meeting; or

 

                        b.         Has a direct tendency to cause acts of violence by the person at whom, individually, the 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 any activity conducted or sponsored by any school, if the disruption:

 

                        a.         Prevents or interferes with the orderly conduct of the operation or activity; or

 

                        b.         Has a direct tendency to cause acts of violence by the person at whom, individually, the disruption is directed.

 

            (b)        However, the conduct prohibited under subsection (a) of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under Code of Virginia, title 18.2.

 

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

 

            (d)       A person violating any provision of this section shall be guilty of a class 1 misdemeanor.

(Code 1992, § 15-81)

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

 

Sec. 42-341. Pool and billiard rooms and bowling alleys.

 

All pool rooms, billiard rooms and bowling alleys shall close at 12:00 midnight and remain closed until 7:00 a.m. of the next following day, and the interior of all such pool and billiard rooms and bowling alleys shall at all times be exposed to public view.

(Code 1992, § 15-22)

                State Law References: Minors in public places of amusement, Code of Virginia, § 18.2-432.

 

Sec. 42-342. Dancehalls open to public.

 

            (a)        Definition. For the purposes of this section, the term "public dancehall" shall be construed to mean any place open to the general public where dancing is permitted. This section shall not apply, however, to dances held for benevolent or charitable purposes or where dances are conducted under the auspices of religious or educational organizations.

 

            (b)        Permit required. No person shall, within the town, operate or conduct a public dancehall without a permit to do so, issued by the town council. Such permit may be revoked by the council at any time for cause deemed adequate by the council.

 

            (c)        Closing hour. Dancing shall cease and the dancehall or other place where dancing is conducted shall close at 1:00 a.m.

 

            (d)       License tax. Nothing in this section shall be construed as exempting any such public dancehall from the payment of any license tax imposed by any other section of this Code or other town ordinance.

 

            (e)        Penalty. Any person who violates this section shall be guilty of a class 3 misdemeanor.

(Code 1992, § 15-6)

                State Law References: Regulation of minors in public places of amusement, Code of Virginia, § 18.2-432; regulation of dancehalls by towns, Code of Virginia, § 18.2-433.

 

Sec. 42-343. School premises generally.

 

It shall be unlawful for any person to create a disturbance; use loud, profane or obscene language; loiter in any public, parochial or private school building or on the premises of any such school; or refuse promptly to leave such school building and premises upon the request of the principal, superintendent or any officer or employee of the school.

(Code 1992, § 15-82)

 

Sec. 42-344. Other public places.

 

If any person behaves in a riotous or disorderly manner in any street, highway, public building or any other public place, other than those mentioned in section 42-340, or causes any unnecessary disturbance in or on any public conveyance, by running through it, climbing through windows or upon the seats, failing to move to another seat when lawfully requested to so move by the operator, or otherwise disturbing passengers or employees therein, he shall be punished as provided in section 1-9.

(Code 1992, § 15-83)

 

Sec. 42-345. Curfew for minors.

 

            (a)        It shall be unlawful for any minor child under the age of 18 years to loiter, idle or play in or upon the public streets, sidewalks, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the town, between the hours of 10:00 p.m. and daylight of the following day, provided that this section shall not apply to such a minor accompanied by his parent, guardian or other adult person having the care and custody of the minor or when such minor is upon an emergency errand or legitimate business directed by his parent, guardian or other adult person having the care and custody of such minor. Each violation of this section shall constitute a separate offense. Any minor violating this section shall be dealt with in accordance with the state juvenile and domestic relation law and procedure.

 

            (b)        It shall be unlawful for any parent, guardian or other adult person having the care, custody and control of any minor child under the age of 18 years to permit or allow such minor child to loiter or remain in or upon any street, sidewalk, park or other public place within the town or to loiter or remain in or about any motor vehicle in and upon any street within the town, whether the vehicle shall be parked or in motion, between the hours of 10:00 p.m. and daylight of the following day, unless such minor child shall be accompanied by such parent, guardian or other adult person having the care, custody and control of such child or unless such child shall be accompanied by any other adult person with the permission of such parent, guardian or other adult person having such care, custody and control of such child.

 

            (c)        It shall be unlawful for any adult person to encourage any minor child under the age of 18 years to loiter or remain in or upon any street, sidewalk, park or other public place within the town or to loiter or remain in or about any motor vehicle in and upon any street or alley within the town, whether the vehicle shall be parked or in motion, between the hours of 10:00 p.m. and daylight of the following day, unless such minor child shall be accompanied by a parent, guardian or other adult person in the manner described in this section.

 

            (d)       It shall be unlawful for the owner, manager or other person having control of any public place or any business or private motor vehicle to permit, allow or encourage any minor child under the age of 18 years to loiter or remain in or about such public place or motor vehicle between the hours of 10:00 p.m. and daylight of the following day, unless such child be accompanied by a parent, guardian or other adult person in the manner described in this section.

 

            (e)        This section shall not be construed to prohibit such minor children from attending places of religious worship or meetings held by or under the auspices of the Boy Scouts or Girl Scouts or other like organizations, not accompanied by the parent, guardian or other adult person.

(Code 1992, § 15-17; Ord. of 2-14-2006)

 

Sec. 42-346. Halloween restrictions.

 

            (a)        It shall be unlawful for any person above the age of 12 years to appear on the streets, sidewalks, public buildings, private homes or other public places in the town on Halloween eve and Halloween night for trick or treat visitations.

 

            (b)        A special curfew hour of 10:00 p.m. on Halloween eve and Halloween night of any year is hereby established for trick or treat visitations.

 

            (c)        Any person violating this section shall be guilty of a class 4 misdemeanor.

(Code 1992, § 15-14)

 

Sec. 42-347. Prohibiting loitering; frequenting amusements; curfew for minors; penalty.

 

            (a)        It shall be unlawful for any person to loiter in, upon or around any public places, whether on public or private property.

 

            (b)        It shall be unlawful for any minor, who is not attended by their parent from frequenting or being in public places, whether on public or private property, at such times, between 10:00 p.m. and daylight of the following day.

 

            (c)        A violation of these ordinances by a minor shall be as provided for in the Code of Virginia, 1950, as amended.

 

            (d)       It shall be unlawful for a minor to frequent, play or loiter in public places of amusement and if violated the punishment shall not exceed the Code of Virginia, 1950, as amended, prescription for a Class 3 misdemeanor.

(Ord. of 2-14-2006)

 

Secs. 42-348--42-375. Reserved.

 

  ARTICLE IX.

 

OFFENSES AGAINST GOVERNMENT ADMINISTRATION

 

Sec. 42-376. Courtesy due to and from town officers and employees; prohibited acts.

 

            (a)        Town officers and employees shall be courteous in their official transactions with the public, and they shall conduct themselves in the performance of their official duties so as to not knowingly deprive any person, at the time and under the circumstances then and there existing, of any lawful right or benefit to which such person may be entitled. Any person who feels aggrieved by the conduct of any town officer or employee in violation of this subsection is hereby invited to bring such matter to the attention of such officer's or employee's department head or to the mayor without prejudice to any other recourse to which such aggrieved person may be entitled.

 

            (b)        Members of the public, in turn, should be courteous in their transactions with town officers and employees, and it shall be unlawful for any person to knowingly taunt, deride, jeer or otherwise debase or insult, whether by act, word or gesture, any town officer or employee at any time or place while such town officer or employee is lawfully engaged in the performance of official duty.

(Code 1992, § 15-214)

 

Sec. 42-377. Interfering with town officer or employee.

 

No person shall carelessly or willfully interfere with, hinder or obstruct any town officer or employee who is engaged in, en route to or returning from the performance of official duty, whether such interference, hindrance or obstruction is by threat, assault or otherwise.

(Code 1992, § 15-211)

                State Law References: Obstructing justice by threats or force, Code of Virginia, § 18.2-460.

 

Sec. 42-378. Interfering with town work projects.

 

It shall be unlawful for any person, without authority from the town, to obstruct, hinder, abuse or otherwise interfere with any contractor or worker who is under contract with or employed by the town while such contractor or worker is acting in the course of his duties.

(Code 1992, § 15-27)

 

Sec. 42-379. Hampering governmental functions of town by sit-ins or other

methods.

 

            (a)        The town council takes cognizance of reported activities of organized groups of individuals in other municipalities in the United States, such as so-called sit-ins held in the offices and hallways of buildings in which governmental business is transacted; disruption of vehicular and pedestrian traffic, designed to prevent or delay governmental personnel from reaching their places of duty; failing or refusing to obey the lawful orders of police officers and others in authority, etc., and, as is generally known to all who read the newspapers, all for the avowed purpose of preventing public officers and employees from performing their duties and thereby preventing altogether or hindering and delaying the transaction of governmental business and nullifying important functions of government.

 

            (b)        The town council takes further cognizance of the fact that this town is a municipal corporation existing under the laws of the state, with a representative form of government in harmony with the Constitutions of the United States and the commonwealth, and that the primary purpose of the town government is to serve the people of the town. The town council finds that activities of groups of individuals which are intended and designed to prevent, delay, hinder or otherwise impair the lawful transaction of town business or functions of the town government constitute a clear and present danger to the good order and government of the town for its established purposes. For though but one such organized effort may not be wholly effective; nevertheless, if it is not promptly and firmly dealt with, other such efforts may be expected to follow, so that any one such organized effort does in fact constitute a clear and present danger to:

 

            (1)        The ability of the town government to serve the people of the town.

 

            (2)        The very survival of the town as a lawful municipal corporation.

 

            (c)        It shall be unlawful for any person, acting alone or in concert with one or more other persons, to commit any act or omission, otherwise lawful, with intent to prevent, delay, confuse, disrupt, pervert or render ineffective the orderly and timely transaction of any town business or any governmental or proprietary function of the town.

(Code 1992, § 15-13)

 

Sec. 42-380. Obstructing justice.

 

            (a)        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 2 misdemeanor.

 

            (b)        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.

(Code 1992, § 15-212)

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

 

Sec. 42-381. Falsely summoning or giving false reports to law-enforcement officials.

 

            (a)        It shall be unlawful for any person to:

 

            (1)        Knowingly give a false report as to the commission of any crime to any law-enforcement official with intent to mislead; or

 

            (2)        Without just cause and with intent to interfere with the operations of any law-enforcement official, call or summon any law-enforcement official by telephone or other means, including engagement or activation of an automatic emergency alarm.

 

            (b)        Violation of this section shall be punishable as a class 1 misdemeanor.

(Code 1992, § 15-12)

                State Law References: Similar provisions, Code of Virginia, § 18.2-461.

 

Sec. 42-382. False entries or destruction of records by officers.

 

If a clerk of any court or other public officer fraudulently makes a false entry or erases, alters, secretes or destroys any record, including a microphotographic copy, in his keeping and belonging to his office, he shall be guilty of a class 1 misdemeanor and shall forfeit his office and be forever incapable of holding any office of honor, profit or trust under the state constitution.

(Code 1992, § 15-215)

                State Law References: Similar provisions, Code of Virginia, § 18.2-472.

 

Sec. 42-383. Escape without force or violence or setting fire to jail.

 

If any person lawfully confined in jail or lawfully in the custody of any court or officer thereof or of any law-enforcement officer on a charge or conviction of a misdemeanor escapes, otherwise than by force or violence or by setting fire to the jail, he shall be guilty of a class 1 misdemeanor.

(Code 1992, § 15-9)

                State Law References: Similar provisions, Code of Virginia, § 18.2-479.

 
Town of Shenandoah