Loading...
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$, child, or ~randchild. shall be ~uilt¥ of a Class ] misdemeanor. This section shall not be construed am repealing, modifvin~, or in anv way affectin~ §~18.2-18. 18.2-19. 18.2-61. 18.2-63. 18.2-66 and 18.2-347 of the Code of Virginia. 2. BE IT FURTHER ORDAINED that Section 14-8, Article I, Chapter 14 of the Code of the City of Fairfax, Virginia is hereby amended to read in its entirety as follows: Sec 14-8. Disorderly conduct generally. (a) * · . (1) * · · (2) Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any meeting of the governing body of any political subdivision of this state or a division or agency thereof, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or VLTCO' 1995-22 display of any words or to include conduct otherwise made punishable under this chapter. (3) Willfully or while intoxicated, whetheT willfully or not. and whether such intoxication resu[t~ from self-administered alcohol or other druq of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption (i} prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person oF persons at whom. individually, the disruption i~ directed; provided, however, such conduct shall n~$ 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 i58.1 2 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: YLTCO' 58,1 1995-22 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. VLTCO ,58.1 4 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: VLTCO 5