2022-17ORDINANCE NO.2022-17
AN ORDINANCE AMENDING VARIOUS - PROVISIONS OF CHAPTER 54
(OFFENSES AND MISCELLANEOUS PROVISIONS) OF THE CODE OF THE CITY
OF FAIRFAX, VIRGINIA.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that certain
enumerated provisions of Chapter 54 (Offenses and Miscellaneous Provisions) of the Code of the
City of Fairfax, Virginia, are hereby amended as follows (all other provisions of Chapter 54
remaining unchanged):
"Sec. 54-31. Assault and battery.
(a) Any person who commits a simple assault or assault and battery shall be guilty of a class
1 misdemeanor, and if the person intentionally selects the person against whom a simple
assault is committed because of his race, religious conviction, gender, disability. gender
identity, sexual orientation. color or national origin, the penalty upon conviction shall
include a mandatory, Fni term of confinement of at least six months;38days of
wbich shall not be suspended, in whole or in-par-t.
(b) In addition, if any person commits a battery against another knowing or having reason to
know that such other person is a full-time or part-time employee teacher-, N�neipa ,
assistant al, of Oda -nee eounselef of any public or private elementary or
secondary school and is engaged in the performance of his duties as such, he shall be
guilty of a class 1 misdemeanor and the sentence of such person upon conviction shall
include a sentence of 15 days in jail, two days of which shall be a
mandatory minimum term of confinements et be suspended whole ^ p . However,
if the offense is committed by use of a firearm or other weapon prohibited on school
property pursuant to Code of Virginia, § 18.2-308.1, the person shall serve a mandatory,
minimum sentence of confinement of six monthswhieh sha4l not be susneended in A �
LJ In addition, any person who commits a battery against another knowing of having reason
to know that such individual is a health care provider as defined in Code of Virg-ini
8.01-581.1 who is engaged in the performance of his duties in a ho ital or in an
emerency room on the premises of any clinic or other facility rendering emergency
medical care shall be gaiy of a class 1 misdemeanor. The penalty upon conviction shall
include a term of confinement of 15 days in jail twa.days of which shall be a mandatory
minimum term of confinement.
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(d) As used in this section:
"Disabiljty" means a physical or mental impairment that substantially, limits one or more
of a erson's major life activities.
"Hospital" means a public or private institution licensed pursuant to Chapter 5 of Title
32.1 or Article 2 of Chanter 4 of Title 37.2 of the Code of Virninia.
"School Security Officer" means the same as that term is defined in Code of Virginia, §
9.1-101.
e "Simple assault" or "assault and battery" shall not be construed to include the use of b.
any school security officer or full-time or tart -time employee of any public or private
element , or secondan, school while acting in the course and scope of his official
capacity,any of the following: i incidental minor or reasonable physical contactor
other actions dgigged to maintain order and control• ii re °finable and necessary force
to quell a disturbance or remove a student from the scene of a disturbance that threatens
physical injury to persons or dama c to property; iii reasonable and necess force to
revent a student from inflictin h sic al harm on himself iv. reasonable and necessary
force for self-defense or the defense of oth • or v reasonable and necess force to
obtain possession of wea ons or other dngerous objects or controlled substances or
associated ar hernalia that are u n the person of the student or within his control. In
determining whether a person was acting within the expectations provided in this
subsection,due deference shall be ven to reasonable judgMents that were made by a
school securily officer or full-time or art -time em to ee of any public or private
elementary or secondary school at the time.
Sec. 54-61. Petit larceny defined; how punished.
Any person who:
(1) Commits larceny from the person of another of money or other thing of value of
less than $5.00; or
(2) Commits simple larceny not from the person of another of goods and chattels of
the value of less than $500.09 1 000, except as provided in clause iii of Code of
Virginia, § 18.2-95(iii)
shall be deemed guilty of petit larceny, which shall be punishable as a class 1
misdemeanor.
Sec. 54-62. Concealing merchandise; altering price tags.
Whoever, without authority, with the intention of converting goods or merchandise to his
own or another's use without having paid the full purchase price thereof, or of defrauding the
owner thereof out of the value of the goods or merchandise, 0 willfully conceals or takes
possession of the goods or merchandise of any store or other mercantile establishment when the
value of such goods or merchandise is less than $500.00 1 000, or ii alters the price tag or
other price marking on such goods or merchandise having a value of less than $500.08 1 000 or
transfers the goods or merchandise having a value of less than $500.00 1 000 from one
container to another, or (W counsels, assists, aids or abets another in the performance of any of
the above acts when the value of the oods or merchandise involved in the offense is less than
1 000, shall be deemed guilty of petit larceny and upon conviction thereof shall be punished as
provided by section 1-11. The willful concealment of goods or merchandise of any store or other
mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an
intent to convert and defraud the owner thereof out of the value of the goods or merchandise.
Sec. 54-63. Reserved. Punishment for- eonvietion of wAsIdemeanor lay-een-y.-
..
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Sec. 54-64. Trespass after having been forbidden to do so; penalties.
(a) If any person without authority of law goes upon or remains upon the lands, buildings or
premises of another, or any 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
persons 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, structures, premises or
portion or area thereof at a place or places 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
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issued pursuant to Code of Virginia, §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2
throw 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 throw 18.2-136.
(b) Any owner of real property may, in writing on a form prescribed by the chief of police,
designate the police department of the city as a "person lawfully in charge thereof' as
those terms are used in subsection (a) above, for the purpose of forbidding another to go
or remain upon the lands, buildings or premises of such owner. Such designation shall
include a legal address, detailed description of the land(s), building(s) or premises to
which it applies; shall be signed by a person who can demonstrate that he or she is the
owner of the property, or is legally authorized to act for the property owner; shall include
a provision holding the city harmless and indemnifying the city for any claims arising
from or in connection with the enforcement of this section; and shall be kept on file in the
office of the chief of police or in such other location within the police department as the
chief of police deems appropriate.
(c) A property owner's designation of the police department of the city as a person lawfully
in charge of the owner's property becomes effective when the chief of police or his
designee delivers in person or mails to the property owner a copy of the property owner's
designation which has been signed by the chief of police or his designee. A copy of the
designation signed by the chief of police or his designee shall be kept on file as described
in subsection (b) above. The decision whether to accept any designation is solely within
the discretion of the chief ofpolice or his designee, who may base his decision on such
factors including, but not limited to, resource levels of the police department and the
proper allocation of resources.
(d) Either the property owner or the chief of police or his designee may rescind or reject the
designation of the police department of the city as a person lawfully in charge of the
owner's property totally, partially or temporarily at any time by written notification,
which notification shall be kept on file with the property owner's designation as described
in subsection (b) above.
(e) Such designation of the police department "as a person lawfully in charge" of the
property shall be limited to the sole purpose of enforcing article III, chapter 54, section
54-64 of the Code of the City of Fairfax.
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(f) In any prosecution under this section, a certified copy of the property owner's designation
of the police department of the city as a person lawfully in charge of the property, along
with a certified copy of attestation by the chief of police or his designee that (i) the chief
of police or his designee has accepted the designation; (ii) the designation has not been
rescinded by the property owner or rejected by the chief of police or his designee; and,
(iii) the designation is in writing and on file in the office of the chief of police or in such
other location within the police department as the chief of police deems appropriate, shall
be admissible in any court in a prosecution under this section as evidence of the facts
therein stated, without proof of seal of signature of the person whose name is signed to it.
Sec. 54-65. Property of another; entering for purpose of damaging it, etc.
It shall be unlawful for any person to enter the land, dwelling, outhouse, building, vehicle
or any other property of another, Fee �r �o, �, for the purpose of damaging such property or
any of the contents thereof or in any manner to interfere with the right of the owner, user or the
occupant thereof to use such property free from interference. Any person violating the
revisions of this section shall be gulilty of a class 1 misdemeanor.
Sec. 54-66. Peeping or spying into a dwelling or other locations.
(a) It shall be unlawful for 1=€any person to enters upon the property of another and secretly
or furtively peeps or attempts -to peep, or spy or attempt to 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 such occupancy is
permanent or temporary, or to do the same, without just cause, upon prop rty owned 1b .
him and leased or rented to another under circumstances that would violate the
occuuant's reasonable expectation of privacysuch pefse shall be ,.,, ky of a e4ass 1
It shall be unlawful for an erson jo use a e hole r other cred e to seor
furtively peep,or attem t to e ors into a restroom, dressing room, locker room,
hotel room motel room, tanning bed tannina booth bedroom or other location or
enclosure for the p=ose of viewing any nonconsentin erson who is totally nude, clad
in undergarments, or in a state of undress Mosing the genitals, pubic area: buttocks or
female breast and the circumstances are such that the erson would otherwise have a
reasonable expectation of privacy.
(bc) 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 state department of corrections or to a local or regional jail.
AnY person violating the provisions of this section shall be pilty of a class 1
misdemeanor
Sec. 54-67. Injuring properties or monuments.
it be tmlawU If any person unlawfully destroys, defaces, damages or
removes without the intent to steal any property, real or personal, not his own, or breaks down,
destroys, defaces, damages, or removes without the intent to steal My monument or memorial
for war veterans, not his own. described in Code of Vir ini ' 18.2-137; any monument erected
for the purpose of marking the site of any engagement fought during the Civil War Wa f between
the States, or for the purpose of designating the boundaries of the city, or any tract of land, or any
tree marked for that purpose, he shall be guilty of a class 3 misdemeanor. provided that the court
may, its discretion dismiss the charge if the locality or organization that owns or is
responsible for maintaining the inured propSrtymonument or memorial files a written affidavit
with the court statin it has received full payment for the iniury. If any person who is not the
owner of such property intentionally causes such injury, he is guilty of a class 1 misdemeanor if
the value of or damage to the ro Wy, memorial or monument is less than 1 0. The amount
of loss caused hy the destructio defacing,dama e or removal of such prMeM,memorial or
monument may be established by t�roof of the fair market cost of repair or fair market
rep-lacement value. Upon conviction. the court may order the defendant pav restitution.
Sec. 54-74. Stealing from or tampering with parking meter, vending machine, pay
telephone.
It shall be unlawful for any person to enter, force, or attempt to force an entrance into,
tamper with, or insert any part of an instrument into any parking meter, vending machine, pay
telephone, money changing machine or any other device designed to receive money, with intent
to steal therefrom shall be guilty of a class 1 misdemeanor.
Sec. 54-141. Generally.
(a) Any person who, with intent to defraud, shall make, draw, utter or deliver any check,
draft or order for the payment of money in the amount of less than $500-00 1 000 upon
any bank, banking institution, trust company or other depository, knowing at the time of
such making, drawing, uttering or delivering that the maker or drawer has not sufficient
funds in or credit with such bank, banking institution, trust company or other depository
for the payment of such check, draft or order, although no express representation is made
in reference thereto, shall be guilty of petit larceny.
(b) Petit larceny shall be punishable as a class 1 misdemeanor.
(c) The word "credit," as used in this section, shall be construed to mean any arrangement or
understanding with the bank, trust company or other depository for the payment of such
check, draft or order.
(d) Any person making, drawing, uttering or delivering any such check, draft or order in
payment as a present consideration for goods or services for the purposes set out in this
section shall be guilty as provided in this section.
Sec. 54-142.On behalf of business firm or corporation in payment of wages.
(a) Any person who shall make, draw, utter or deliver any check, draft or order for the
payment of money in the amount of less than $500.00 1 000 upon any bank, banking
institution, trust company or other depository on behalf of any business firm or
corporation, for the purpose of paying wages to any employee of such firm or
corporation or for the purpose of paying for any labor performed by any person for such
firm or corporation, knowing, at the time of such making, drawing, uttering or delivering,
that the account upon which such check, draft or order is drawn has not sufficient funds
or credit with such bank, banking institution, trust company or other depository for the
payment of such check, draft or order, although no express representation is made
thereto, shall be guilty of a class 1 misdemeanor.
(b) The word "credit," as used in this section, shall be construed to mean any arrangement or
understanding with the bank, banking institution, trust company or other depository for
the payment of such check, draft or order.
(c) In addition to the criminal penalty set forth herein, such person shall be personally liable
in any civil action brought upon such check, draft or order.
Sec. 54-192. Reserved. .
(a) It is urAawful for- any per -son knowingly or inteafiena4ly to possess Jess th
substanee was obtained dire tly from, ,mot to ,all ptio« order- of
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authorized
by the Drug CepAfolA^+,
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Sec. 54-193. First offense, probation; conditions; screening, evaluation and education
programs; drug tests; costs and fees; violations; discharge.
(a) Whenever any person who has not previously been convicted of any offense under this
division or under Code of Virginia, § 18.2-247 et seq., or under any statute of the United
States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or
hallucinogenic drugs, or has not previously had a proceeding against him for violation of
such an offense dismissed as provided in this section, or Code of Virginia, § 18.2-251,
pleads guilty to or enters a plea of not guilty to possession of der- seefio 5
1 92, o„ pessession of a controlled substance under section 54-191, the court, upon such
plea if the facts found by the court would justify a finding of guilt, without entering a
judgment of guilt and with the consent of the accused may defer further proceedings and
place him on probation upon terms and conditions. As a term or condition, the court shall
require the accused to be evaluated and enter a treatment and/or education program, if
available, such as, in the opinion of the court, may be best suited to the needs of the
accused. This program may be located in the judicial district in which the charge is
brought or in any other judicial district as the court may provide. The services shall be
provided by a program certified or licensed by the department of mental health, mental
retardation and substance abuse services, by a similar program which is made available
through the state department of corrections or by an ASAP program certified by the
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commission on VASAP. The court shall require the person entering such program under
the provisions of this section to pay all or part of the costs of the program, including the
costs of the screening, evaluation, testing, and treatment, based upon the accused's ability
to pay, unless the person is determined by the court to be indigent.
(b) As a condition of probation, the court shall require the accused to (i) successfully
complete the treatment and/or education program and (ii) to remain drug -free during the
period of probation and submit to such tests during that period as may be necessary and
appropriate to determine if the accused in drug -free. Such testing may be conducted by
personnel of any program to which the person is referred or by the supervising agency.
(c) The court shall, unless done at arrest, order the accused to report to the original arresting
law enforcement agency to submit to fingerprinting.
(d) Upon violation of a term or condition, the court may enter an adjudication of guilt and
proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court
shall discharge the person and dismiss the proceedings against him. Discharge and
dismissal under this section shall be without adjudication of guilt and is a conviction only
for the purposes of applying this section or Code of Virginia, § 18.2-251, in subsequent
proceedings.
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Sec. 54-222. Adultery and fomieation.
`a) ---Any person, being married, who voluntarily shall have sexual intercourse with any
person not his or her spouse, shall be guilty of adultery, punishable as a class 4 misdemeanor.
> sha4l be guilty of fornieation,
Sec. 54-307. Disorderly conduct generally.
(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:
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(1) In any street, highway, public building, or while in or on a public conveyance, or
while in a 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;
provided, however, such conduct shall not be deemed to include the utterance or display
of any words or to include conduct otherwise made punishable under this chapter; 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 funeral, memorial service.. or 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 (i) prevents or interferes with the orderly
conduct of such the funeral, memorial service. or 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
display of any words or to include conduct otherwise made punishable under this
chapter
(3) Willfully or while intoxicated, whether willfully or not, and whether such
intoxication results from self -administrated 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 (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
or persons at whom, individually, the disruption is directed; provided, however, such
conduct shall not be deemed to 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, 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) For the purposes of this section a public place shall include any place to which the
general public has access and a right to resort for business, entertainment or other lawful
purpose, not necessarily a place devoted solely to the uses of the public. Public place also
includes the front and immediate area of any store, shop, restaurant, tavern or other place
of business and also public grounds, areas or parks.
(d) The provisions cif this section shall not apply to any elemolga or secondary school
student if the disorderly conduct occurred on the properly of any elementary or secondaN
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school on a school bus as defined in Code of Vir ini 46.2-100 or at an actiA
conducted or sonsored by an elementane or secondary school.
(de) A person violating any provision of this section shall be guilty of a class 1 misdemeanor
Sec. 54-331.Obstructing justice.
(a) It shall be unlawful for any person without just cause to knowingly obstruct a judge,
magistrate, justice, juror, attorney for the commonwealth, witness,,�er any law
enforcement officer, or animal control officer emnl_o ed pursuant to Code of Virginia, ti
3.2-6555 in the performance of his duties as such or fail or refuse without just cause to
cease such obstruction when requested to do so by such judge, magistrate, justice, juror,
attorney for the commonwealth, witness, eF-law enforcement officer, or animal control
officer em to ed , ursuant to Code of Vir 'nia.; 3.2-6555. Any person violating the
provisions of this section shall, upon conviction thereof, be guilty of a class 1
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, er- any law
enforcement officer, or animal control officer em to ed ursuant to Code of Vir ini S
3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the
administration of justice in any court, such person shall be deemed to be guilty of a class
1 misdemeanor.
(c) Any person who knowingly and willfully makes any materially false statement or
representation to a law -enforcement officer or animal control officer --load pursuant
to Code of Vir Uni& § 3.2-6555 who is in the course of conducting an investigation of a
crime by another is guilty of a class 1 misdemeanor.
(mod - Any person who intentionallti prevents or attem is to revent a law enforcement officer
from lawfully arresting him with our without a warrmL is guilky of a class 1
misdemeanor. For the pWoses of this subsection,intentionally-preventing. or attem ti .
to prevent a lawful arrest means fleeing from a law enforcement officer when (i) the
officer applies physical force to theperson or�ii) the officer communicates to the person
that he is under arrest and a the officer has the legal authori and the immediate
physical ability to place the person under arrest. and (b) a reasonable person who receives
.such communication knows or should know that he is not free to leave."
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This Ordinance shall become effective as provided by law.
INTRODUCED: September 13, 2022
PUBLIC HEARING: September 27, 2022
ENACTED: September 27, 2022
ATTEST:
City Cler
VOTE:
Mayor Meyer
Aye
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
13
�zt
Mayor
Date