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20011211 2001-23ORDINANCE NO. 2001-2001-23 AN ORDINANCE AMENDING DIVISION 1, ARTICLE III, CHAPTER 54, SECTION 54-64 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO TRESPASS AFTER HAVING BEEN FORBIDDEN TO DO SO; PENALTIES. BE IT ORDAINED, by the City Council of the City of Fairfax, that Division 1, Article III, Chapter 54, Section 54-64 of the Code of the City of Fairfax, Virginia, is hereby amended to read in its entirety as follows: ARTICLE III. OFFENSES AGAINST PROPERTY Division 1. Generally 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 issued pursuant to Code of Virginia, §9 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2--16.1-278.6, 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-- 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 ordinance; 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 of police 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. (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. BE IT FURTHER ORDAINED that this ordinance shall become effective on adoption as provided by law. INTRODUCED: November 27, 2001 PUBLIC HEARING: December 11, 2001 ENACTED: December 11, 2001 Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Rasmussen Councilman Rodio Councilman Silverthome Vote Aye Aye Aye Aye Aye Aye Mayor Date ATTEST: