HomeMy Public PortalAbout1983_07_27_O027The Town of Leesburg in Virginia
PRESENTED July 27, 1983
ORDINANCE NO. 83-0-27
ADOPTED . July 27, 1983
AN ORDINANCE: AMENDING SECTION 11-56 OF THE TOWN CODE RE LOITERING
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 11-56, Loitering; refusal to identify self upon request
of police, of the Town Code is amended to read .as follows:
Sec. 11-56. Loitering; refusal to identify self upon request of police.
(a) Definitions. The following definitions Shall apply in the inter-
pretation and enforcement of this section:
(1)
The term "loiter" means to stand around or remain, or to park or
remain parked in a motor vehicle, at a public place, ee-ptaee
epem-~e-p~b~e-am~-~e-em§a~e-~m-emy-eem~e~-peeh~e~-~m~e~-~s
see~emv "Loiter" also means ~o collect, gather, congregate, to
be a member of a group or crowd of people who are gathered together
in any public place epem-~e-~½e-pab$~e and to engage in any
conduct prohibited under this section.
(2)
The term "pUblic place" means any public street, road or highway,
alley, lane, sidewalk, crosswalk or other public way, or any
public resort, place of amusement, park, playground, public build-
ing or parking lot or any vacant lot or ~)--~ae-~e~m-~eee-epem
~e-~e-p~½~e~-meam$ any place open to the public or any place to
which the public is invited, and in, or around any privately
owned place of business, private parking lot or private institu-
tion, including places of worship, cemetery or any place of amusement
and entertainment whether or not a charge of admission or entry
thereto is made. It includes the elevator, lobby, halis, corridors
and areas open to the public of any store, office or apartment
building.
(b)
Prohibited conduct generally. It shall be unlawful for any person to
loiter at, in~ upon .or around any public place whether or not on private
p,roper,ty em-e~-~m-a-p~e-p~aee-e~-p~aee-epem-~e-~he-p~e-~-~e~
l~e~:
~)--~e-~m~ee~eeev-~mpe~e-ee-h~mdee-~he-~eee-pa~a§e-e~-pe~es~e~ae-ee
~eh~e~ae-~a~e~-ee
phy~ea~-haem-~e-a~e~hee-membee-ee-mem~eee-e~-~he-p~½~e~-ee
ee-~mee~ee~y-eem~eev
-2-
(¢)
Failure of loiterer to move on when ordered to do so by police.
It shall be unlawful for any person to loiter at a public place o~
~mee-o~em-~-~he-~b~e and to fail to obey the direction of a
uniformed police officer, or the direction of a properly identified
police officer not in uniform, to move on, when not to obey such
direction shall endanger the public peace.
(d)
Refusal to identify self. It shall be unlawful for any person, at
a public place ~pe~-~-~he-p~b~ev to refuse to identify himself
by name and address, at the request of a uniformed police officer or
of a properly identified police officer not in uniform, if the
surrounding circumstances are such as to indicate to a reasonable
man that the public safety requires such identification.
(e)
Section does not prohibit picketing and other lawful assemblies.
Nothing in this section shall be construed to prohibit orderly picket-
ing or other lawful assemblies.
(f)
Notice of violation of section. Any police officer witnessing a
violation of this section may, as an alternative to making an arrest,
issue the violator a "notice of violation," which notice, in addition
to such factors as shall be required by such form of notice as may be
approved by the municipal manager, shall specify the violation with
which the violator is charged, and shall set forth the hour, date and
location that such violator is summoned to appear before the police
justice for the municipality to answer such charge.
(g)
Warning prerequisite for charge for violation. No person shall be
charged with a violation of this section unless and until the
arresting officer has first warned the person of the violation and such
person has failed or refused to stop such violation.
SECTION II. Ail prior ordinances and resolutions in conflict herewith are
repealed.
SECTION III. This ordinance shall be in effect upon its passage.
PASSED this 27th day of July
, 1983.
R66e~t'E. ~eVi~a~ M~Y~r'
Town of Leesburg
ATTEST:
Clerk of C~cil