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Home My Public Portal About2006_11_14_O067 Amending Section 11-56 of the TC regarding Loitering The Town of Leesburg, Virginia PRESENTED November 14,2006 ORDINANCE NO. 2006-0-67 ADOPTED November 14,2006 AN ORDINANCE TO AMEND AND REORDAIN SECTION 11-56 (LOITERING; REFUSAL TO IDENTIFY SELF UPON REQUEST OF POLICE) OF ARTICLE II (LOITERING; RIOTS AND UNLAWFUL ASSEMBLIES) OF CHAPTER 11 (OFFENSES-MISCELLANEOUS) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. The Town Council of Leesburg hereby ordains: SECTION I. That Section 11-56 (LOITERING; REFUSAL TO IDENTIFY SELF UPON REQUEST OF POLICE) of Article II (LOITERING; RIOTS AND UNLA WFUL ASSEMBLIES) of Chapter 11 (OFFENSES-MISCELLANEOUS) of the Code of the Town of Leesburg, Virginia, 1976, as amended, be and the same hereby is amended to read as follows: Section 11-56 LOITERING A. Loitering or prowling. (1) It shall be unlawful for any person or persons to stand, assemble or loiter upon any sidewalk, street, public ground or public way in the Town so as to obstruct, hinder or impede free passage upon or along same or obstruct, hinder or impede free ingress or egress to and from any place of business, institution or public building or property. No person or persons so assembled shall refuse or neglect to move or depart or give free passage after being requested to do so by the owner, lessee, tenant, manager or occupant of the premises obstructed as aforesaid or upon the order of any police officer of the Town. (2) It shall be unlawful for any person to hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building or any other place of residence with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner. (3) It shall be unlawful for any person to loiter in or about any toilet open to the public, for the purpose of engaging in or soliciting any lewd and lascivious or any unlawful act. -2- AN ORDINANCE: TO AMEND AND REORDAIN SECTION 11-56 (LOITERING; REFUSAL TO IDENTIFY SELF UPON REQUEST OF POLICE) OF ARTICLE II (LOITERING; RIOTS AND UNLAWFUL ASSEMBLIES) OF CHAPTER 11 (OFFENSES-MISCELLANEOUS) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976 AS AMENDED (4) It shall be unlawful for any person to lodge in any building, structure or place whether public or private without the permission of the owner or person in possession or in control thereof. (5) It shall be unlawful for any person to loiter in or about any restaurant, tavern or other public building. As used in this subsection, "loiter" means to, without just cause, remain in a restaurant, tavern or public building, or to remain upon the property immediately adjacent thereto, after being asked to leave by the owner or person entitled to possession or in control thereof, or by any police officer. (6) It shall be unlawful for any person to sleep in any public park, public square or public sidewalk area between the hours of 8:00 p.m. and 8:00 a.m. (7) Any person convicted of violating any of the provisions of this section shall be guilty of a class 3 misdemeanor. B. Loitering in a public place with intent to engage in an unlawful drug transaction. (1) It shall be unlawful for any person to loiter in a public place with the intent to sell, give, distribute, possess or purchase a controlled substance, as defined in section 54.1-3401 of the Code of Virginia, (1950), as amended, or any successor provision of the Virginia Code. For purposes of this section, the term "controlled substance" shall also include marijuana. (2) No person shall be arrested for a violation of this section unless a law enforcement officer or officers shall have observed, and no person shall be convicted of a violation of this section except upon testimony of a law enforcement officer or officers of, the following: (i) the person remains in one or more public places in the same general location for a period of at least 15 minutes; (ii) during this period and while in a public place in the same general location, the person has two or more face-to-face contacts with other individuals; (iii) each of such contacts: (a) is with one or more different individuals, (b) lasts no more than two minutes, -3- AN ORDINANCE: TO AMEND AND REORDAIN SECTION 11-56 (LOITERING; REFUSAL TO IDENTIFY SELF UPON REQUEST OF POLICE) OF ARTICLE II (LOITERING; RIOTS AND UNLAWFUL ASSEMBLIES) OF CHAPTER 11 (OFFENSES-MISCELLANEOUS) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976 AS AMENDED (c) involves actions or movements by the person consistent with an exchange of money or other small objects, (d) involves actions or movements by the person consistent with an effort to conceal an object appearing to be or to have been exchanged, and (e) terminates shortly after the completion of the apparent exchange; and (iv) the person engages in some additional overt act, or there is additional circumstantial evidence, that manifests an intent on the person's part to sell, give, distribute, possess or purchase a controlled substance, as defined in subsection (i). For purposes of the subsection (ii), "same general location" shall mean an area defined as a circle with a radius of 750 feet and a center being the place where a person is first observed by a law enforcement officer. (v) For purposes of this section, the term "public place" means any street, sidewalk, alley, park, bridge, driveway, parking lot or other public property within the Town that is open to the general public. (vi) Any person convicted of violation this section shall be guilty of a class 1 misdemeanor. SECTION II. This Ordinance shall become effective upon the date and at the time of its final passage. SECTION III. If any provision of this Ordinance is declared invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Ordinance. PASSED this 14th day of November 2006. ~~~ . . Um tattd, Mayor Town of Leesburg ATTEST: