2018-13ORDINANCE NO.2018-13
AN ORDINANCE AMENDING CHAPTER 54 (OFFENSES AND MISCELLANEOUS
PROVISIONS) OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA TO: (1)
REPEAL ARTICLE I, SECTION 544 (RELATING TO BEAVER DAM CREEK
RESERVOIR AND GOOSE CREEK RESERVOIR); (II) AMEND ARTICLE III,
DIVISION 1, SECTION 54-61 AND 54-62 (RELATING TO PETIT LARCENY AND
CONCEALING OF MERCHANDISE AND ALTERING PRICE TAGE); AND (III)
AMEND ARTICLE IV, DIVISION 2, SECTIONS 54-141 AND 54-142 (RELATING TO
BAD CHECKS).
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 54,
Article I, Section 54-4, of the Code of the City of Fairfax, Virginia, be and the same is
repealed.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, that Chapter 54,
Article III, Division 1, Sections 54-61 and 54-62, be and hereby are amended to read in their
entirety as follows:
"Sec. 54-6 1. - 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 $200.09 $500.00, except as provided in of Code of Virginia, § 18.2-
95(iii); shall be deemed guilty of petit larceny, which shall be punishable as a class I
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, 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 $200.00 $500.00, alters the price tag or
other price marking on such goods or merchandise having a value of less than $200.00
$500.00 or transfers the goods or merchandise having a value of less than BOO $500.00
from one container to another or counsels, assists, aids or abets another in the performance of
any of the above acts, 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."
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, that Chapter 54,
Article IV, Division 2, Sections 54-141 and 54-142, be and hereby are amended to read in
their entirety as follows:
"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 $2O0-00 $500.00 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 $200.00-$500.00 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."
is Ordinance shall become effective as provided by law.
INTRODUCED: October 23, 2018
PUBLIC HEARING: November 13, 2018
ADOPTED: November 13, 2018
kj e,4 04^-ftr 4--,
Mayor
/l//-5 7 —/
Date
ATTEST:
City derk-
Votes
Councilmember DeMarco
Aye
Councilmember Lim
Absent
Councilmember Miller
Aye
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye