2020-26ORDINANCE NO.2020-26
AN ORDINANCE AMENDING CHAPTER 54 (OFFENSES AND MISCELLANEOUS
PROVISIONS), ARTICLE III (OFFENSES AGAINST PROPERTY), DIVISION 1, OF
THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO ADD THERETO A NEW
SECTION 54-96, PERTAINING TO RESTRICTIONS ON LOCATING, EXCAVATING
OR REMOVAL OF HISTORICAL OR ARCHAEOLOGICAL RESOURCES, RELICS,
ARTIFACTS OR ITEMS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 54,
Article III, Division 1 of the Code of the City of Fairfax, Virginia, be and the same is amended to
add thereto a new Section 54-96, pertaining to restrictions on the locating, excavating or removal
of historical or archaeological resources, relics, artifacts or items, to read in its entirety as
follows:
"Sec. 54-96. — Preservation of historical or archaeological resources, relics, artifacts or
items on or under public property and municipally owned lands; prohibited activities;
penalty for violation.
(a) It shall be unlawful for any person to undertake any type of field investigation,
exploration or recovery activity in an effort to locate, excavate, remove or otherwise
disturb any historical or archaeological resource, relic, artifact or item upon city
property and/or public grounds, including but not limited to city parks and
playgrounds and all manners of city rights -of -way, subject to the exceptions
contained in this section.
(b) It shall be unlawful for any person, while located on any property delimited in
subsection (a), to possess or use a mineral or metal detector or any other device or
probe to search for any object (or to remove any such object) in, on or below the
surface of the soil thereof, subject to the exceptions contained in this section.
(c) It shall be unlawful for any person, while located on any property delimited in
subsection (a), to dig„ excavate or in any other way disturb the surface of the soil
thereof, subject to the exceptions contained in this section.
(d) The prohibitions in the above subsections shall not apply if such activity is conducted
in strict conformance with a written permit granted by the city manager or his
designee, or as otherwise permitted by applicable law and%or regulation. Any person
receiving a permit hereunder shall, upon conclusion of the activity so permitted,
restore the property to its previous condition. The prohibitions in this section shall
also not apply to activities conducted by city employees during the course of their
duties.
1
(e) Upon conviction of an offense under this section, a person shall be guilty of a Class 3
misdemeanor. Each day that a violation continues or occurs shall constitute a
separate offense."
This Ordinance shall become effective as provided by law.
INTRODUCED: October 13, 2020
PUBLIC HEARING: October 27, 2020
ENACTED: October 27, 2020
ATTEST:
I fA 4""Wv�a
City Clerk
VOTE:
Mayor Meyer
Aye
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Absent
Mayor
Date
N