2024-07ORDINANCE NO.2024-07
AN ORDINANCE AMENDING CHAPTER 54 (OFFENSES AND MISCELLANEOUS
PROVISIONS), ARTICLE VIII (OFFENSES AGAINST PEACE AND ORDER), SECTION
54-302 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO
LOITERING.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 54,
Article VIII, Section 54-302 of the Code of the City of Fairfax, Virginia, is hereby amended, as
follows:
"CHAPTER 54 - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE VIII. — OFFENSES AGAINST PEACE AND ORDER
Sec. 54-302. Loitering.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this section, except where the -context clearly indicates a
different meaning:
(1) Loiter shall mean to stand around or remain, or to nark or remain narked in a
motor vehicle, at a public place or place open to the public and to engage in anv
conduct further prohibited under this section. Loiter shall also mean to collect
ather, congregate or be a member of a group or a crowd of people who are
athg eyed together in any public place or place oven to the public and to engage in
one+ conduct prohibited under this section.
(2) Place open to the public shall mean any place oven to the public or any -place to
which the public is invited and in on or around an privately owned place of
business, private parking lot or private institution, including a place of worship
cemetery, or anv place of amusement and entertainment whether or not a charge of
admission or enti thereto is made. It includes the elevator lobby halls corridors
and areas open to the public of anv store, office, or apartment building.
(31 Public place means any public street road or highway. alley, land, sidewalk.
crosswalk or other public way, or anv public resort. place of amusemea" rr
playground, u libuilding or grounds appurtenant thereto school buildin or
school grounds, or public parking lot, or any vacant lot.
b) Prohibited conduct.
(1) It_shall be unlawful for anv person to stand, assemble or loiter at on or in an
public rrlace or glace omen to the Vublic__ whether on public or private property
although in the case of private property. only when ex res ly Prohibited by the
owner of such prrweal in such a manner:
a. As to intentionally obstruct, hinder or impede the free passage of
pedestrian or vehicular traffic upon or along the same_ , or to obstruct, hinder or
impede free ink s or e�*ress to and from any place of business, institution or
public building or property:
b. As to intentionally interfere with. obstruct, harasscurse, or threaten to do
physical harm to another member of the public:
C. As to threaten or do physical harm to the property of another member of
the public: or
d. That, by works, acts or other conduct it is clear that there is a present
danger of a breach of the peace or disorderly conduct.
(2) It shall be unlawful. unless otherwise permitted by the City, for any person to
rep_ularly occuM or encam upon aLly public place in such a manner as to
unreasonably prohibit the general public's use and enjoyment of the same.
f 3l It shall be unlawful for any person violating; any provision in (b)(1) and/or (b)(2).
above to fail to obey the direction of a City police officer when n t to obey such
direction shall endan er the public peace,or to refuse or neglect to move or dwart
r give free DMage after beiLig jgguested to do so by the owner, lessee tenant
manager or occupant of any private property to which access is obstructed by such
occupancy.
c Law ul assembly. Nothing herein shall be onstrued to prohibit the right to freedom of
movement orderly i ket or other lawful sembl
d) Penalties— Any person violating any of the provisions of this section shall be deemed guilty
of a Class 3 misdemeanor, Any person convicting of violati an of the provisions of this
section shall,if convicted of two or more additional_ violations of the same or other
provisions of this section within 12 months followiniz the date of the first conviction. be
uilty of a Class 2 misdemeanor.
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This Ordinance shall become effective as provided by law.
INTRODUCED: April 30, 2024
PUBLIC HEARING: May 14, 2024
ENACTED: May 14, 2024
ATTEST:
)A4 " �AAZ�
This Ordinance shall become effective as provided by law.
INTRODUCED: April 30, 2024
PUBLIC HEARING: May 14, 2024
ENACTED: May 14, 2024
ATTEST:
)A4 " �AAZ�
City CleFV
VOTE:
Mayor Read
Aye
Councilmember Bates
Aye
Councilmember Doyle Feingold
Aye
Councilmember Greenfield
Aye
Councilmember Lim
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Mayor
Date