19950926 1995-22ORDINANCE NO. 1995- 22
AN ORDINANCE AMENDING SECTIONS 14-6,
14-8, 14-18, and 14-22, ARTICTm I,
CHAPTER 14 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, ENACTING NEW
SECTIONS 14-22.1 THROUGH 14-22.4 OF
SUCH ARTICLE AND CHAPTER, AND
AMENDING SECTION 14-37, ARTICLE II,
DIVISION i OF SUCH CHAPTER CONCERNING
MISCELLANEOUS OFFENSES AND OBSCENITY.
1. BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 14-6, Article I, Chapter
14 of the Code of the City of Fairfax, Virginia is hereby
amended to read in its entirety as follows:
Sec. %4-6.
Cv..t.~uti..~ to thc
gausinq or encouraging acts rendering
children delinquentr abusedr etc.r
penalty.
...... Any person eighteen ¢18) years of
a~e or older, includin~ the parent of any child, who
wilfull¥ contributes to, encourages, or causes any act,
omission, or condition which renders a child delinquent,
in need of services, in need of supervision, or abused Or
neglected as defined in §16.1-225 Of the Cods o$
Virginia. or (ii) en~a~es in consensual sexu~]
intercourse with a child fifteen or older not his sDous$,
child, or ~randchild. shall be ~uilt¥ of a Class ]
misdemeanor. This section shall not be construed am
repealing, modifvin~, or in anv way affectin~ §~18.2-18.
18.2-19. 18.2-61. 18.2-63. 18.2-66 and 18.2-347 of the
Code of Virginia.
2. BE IT FURTHER ORDAINED that Section 14-8, Article I,
Chapter 14 of the Code of the City of Fairfax, Virginia
is hereby amended to read in its entirety as follows:
Sec 14-8.
Disorderly conduct generally.
(a) * · .
(1) * · ·
(2) Willfully or being intoxicated, whether
willfully or not, and whether such intoxication results
from self-administered alcohol or other drug of whatever
nature, disrupts any meeting of the governing body of any
political subdivision of this state or a division or
agency thereof, or of any school, literary society or
place of religious worship, if such disruption
prevents or interferes with the orderly conduct of such
meeting or (ii) has a direct tendency to cause acts of
violence by the person or persons at whom, individually,
such disruption is directed; provided, however, such
conduct shall not be deemed to include the utterance or
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display of any words or to include conduct otherwise made
punishable under this chapter.
(3) Willfully or while intoxicated, whetheT
willfully or not. and whether such intoxication resu[t~
from self-administered alcohol or other druq of whatever
nature, disrupts the operation of any school or any
activity conducted or sponsored by any school, if the
disruption (i} prevents or interferes with the orderly
conduct of the operation or activity or (ii) has a direct
tendency to cause acts of violence by the person oF
persons at whom. individually, the disruption i~
directed; provided, however, such conduct shall n~$ b~
deemed t~ include the utterance or display of any words
or to include conduct otherwise made punishable by this
chapter.
(b) The person in charge of any such building,
place, conveyance~ or 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.
(C) * * *
(d) * * *
3. BE IT FURTHER ORDAINED that Section 14-18, Article
I, Chapter 14 of the Code of the City of Fairfax,
Virginia is hereby amended to read in its entirety as
follows=
Sec. 14-18.
PeeDinq or SDvin~ into a dwelling.
If any person =hall enter~ upon the property of
=- ~- -=-~=-- and secretly or furtively
another, .......... ~ ....... ,
peep~ ~ ..... ~
...... ~.. or attempt~ to ee 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 such building, structure or enclosure ~eis
permanently situated or transportable and whether such
occupancy h= is permanent or temporary, such person shall
be guilty of a class i misdemeanor.
4. BE IT FURTHER ORDAINED that Section 14-22, Article
I, Chapter 14 of the Code of the City of Fairfax,
Virginia is hereby amended to read in its entirety as
follows=
Sec. 14-22.
Drchibit=dDama~in~ public buildings, etc.
It shall be unlawful for any person to willfully
- ~ and maliciously (i)
break any window or door of any courthouse, house of
public worshiP, colleue, school house, city or town ha~l,
or other public buildinq or library. (ii) damaqe Or
deface any other public building, facilities, personal
property or any statuary in or on any other public
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1995-22
buildings, or public arounds, or (iii) destroy an}
property in any of such buildin~ or buildings.
It shall be unlawful for any person to willfully an~]
unlawfully damaae or deface any book. newspaper,
maaazine, pamphlet, maD. picture, manuscript, or oth~
property located in any library readina room. museum, ol
other educational institutioD,
5. BE IT FURTHER ORDAINED that a new Section 14-22.1,
Article I, Chapter 14 of the Code of the City of Fairfax,
Virginia is hereby enacted to read in its entirety as
follows:
Sec. 14-22.1. ~estruct~on o~ trees, shrubs, etc.
It shal~ be unlawful for any person to pick-Dull.
Dull UD. tear. tear UD. dia. dia UD. cut. break, iniurg,
burn or destroy, in whole or in Dart. any tree. shrub.
vine. plant, flower or turf found, arowinq or being upon-
the land of another, AnY person v~olati~q this sectio~
shall, upon conviction thereof, be ~uilty of a class 3
misdemeanoF,
6. BE IT FURTHER ORDAINED that a new Section 14-22.2,
Article I, Chapter 14 of the Code of the City of Fairfax,
Virginia is hereby enacted to read in its entirety as
follows:
Sec. 14-22.2 Injury. etc.~ any property, monument~ etc.
It shall be unlawful for anv person to unlawfully
destroy, deface, damaae or remove without the intent to
steal anv propertY, real or personal, not his own. o~
breakdown, destroy, deface, damage, or remove without th~'.
intent to steal, any monument erected for the purpose of
markina the site of any en~aaement fouaht durina the wa~
between the States. or for the purpose of designating thc
boundaries of the city. or tract of land. or any tree
marked for that DurD0$~,
7. BE IT FURTHER ORDAINED that a new Section 14-22.3,
Article I, Chapter 14 of the Code of the City of Fairfax,
Virginia is hereby enacted to read in its entirety as
follows:
Sec. 14-22,$
Stealina from or tamperinq with Park~g-
~eter, vending machine, pay telephone,
e c.
It shall be unlawful for any Derson to enter, force.
or attempt to force an entrance into, tsmDer with, or
insert any Dart of an instrument into any Darkina meter.
vendina machine. DaY telephone, money chanaina machine or
any other device designed to receive money, with intent
to steal therefro~,
8. BE IT FURTHER ORDAINED that a new Section 14-22.4,
Article I, Chapter 14 of the Code of the City of Fairfax,
Virginia is hereby enacted to read in its entirety as
follows:
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Sec. 14-22.4. Unlawful operation of coin box telephone,
parkinq meter, vendinq machine, etc.
it shall be unlawful for any person to operate.
cause to be operated, or attempt to operate or cause t~
be operated anv coin box telephone, Darkin~ meter,
vendinq machine or other machine that oDerates on th<.
coin-in-the-slot principle, whether of like kind or not.
designed only to receive lawful co~n of the united State~
of America, in connection with the use or enjoyment o~
telephone or telegraph service, markinq Privileges or an~
other service, or the sale of merchandise or othe¥
property, bY means of a slu~, or any false, counterfeit,
mutilated, sweated or foreign coin, or bv any mea~s,
method, trick or device, whatsoever, not authorized by
the owner, lessee or licensee of such coin box telephone,
Darkin~ meter, vendin~ machine Or other machine; or to
obtain or receive telephone or teleqraDh service, parking
Drivileqes, merchandise, or any other service or property
from any such coin box telephone, Darkin~ meter, vending
machine or other machines, desiuned on1¥ to recei¥C
lawful coin of the Untied States of ~merica, without
deDositin~ in Qr surrenderin~ to such coin box telephone,
Darkin~ meter, vendin~ machine, or other machine lawful
coin of the United States of America to the amount
reouired therefor bY the owner, lessee or licensee of
such coin box telephone, Darkin~ meter, vendin~ machiD~
or other machine. Any person violatin~ this sectio~
shall, uDon conviction thereof, be ~uiltv of a class 3
misdemeanor,
9. BE IT FURTHER ORDAINED that a new Section 14-37,
Article II, Division 1, Chapter 14 of the Code of the
City of Fairfax, Virginia is hereby amended to read in
its entirety as follows:
Sec. 14-$7.
Coercin~ acceptance of obscene articles or
publications.
It =huuld shall be unlawful for any person, firm,
association or corporation, as a condition to any sale,
allocation, consignment or delivery for resale of any
paper, magazine, book, periodical or publication to
require that the purchaser or consignee receive for
resale any other article, book, or other publication
which is obscene; nor shall any person, firm, association
or corporation deny or threaten to deny any franchise or
impose or threaten to impose any penalty,
financial or otherwise, by reason of the failure or
refusal of any person to accept such articles, books, or
publications, or by reason of the return thereof.
10. BE IT FURTHER ORDAINED that the remaining
subsections of the sections hereby amended shall continue
to read as previously enacted.
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1995-22
law. This ordinance shall become effective as provided by
INTRODUCED:
PUBLIC HEARING:
ADOPTED:
September 12, 1995
September 26, 1995
September 26, 1995
ATTEST:
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