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HomeMy Public PortalAbout2013_01_22_O006 Amending Chap 24 re Barment ProceduresThe Town of Leesburg, Virginia ORDINANCE NO. 2013 -0 -006 PRESENTED: January 22, 2013 ADOPTED: January 22, 2013 AN ORDINANCE: TO AMEND AND REORDAIN CHAPTER 24 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE III (OFFENSES AGAINST PROPERTY), DIVISION 4 (TRESPASS), SECTION 24 -113 (ENTERING OR REMAINING ON PROPERTY OF ANOTHER AFTER HAVING BEEN FORBIDDEN TO DO SO; DESIGNATION OF POLICE TO ENFORCE TRESPASS VIOLATIONS.) WHEREAS, Code of Virginia of 1950, as amended, § 15.2- 1717.1 authorizes town police officers to be persons lawfully in charge of the real property for purposes of banning persons without lawful business from the property; and WHEREAS, the Town desires to continue to afford property owners and those lawfully in charge of property throughout the town the ability to designate Town police officers as persons authorized to issue notices banning persons from property in the Town ( "barring notices" or "barment notices "); and WHEREAS, the aforementioned Code of Virginia section was amended to allow persons in addition to the owner who may be lawfully in charge of the property to designate Town police officers as those who may issue barring or barment notices; and WHEREAS, the Town of Leesburg Police Department supports this amendment to the existing Leesburg Town Code ordinance. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That Chapter 24, Article III, Division 4, Section 24 -113 be and the same is hereby amended to read as follows: -2- AN ORDINANCE: TO AMEND AND REORDAIN CHAPTER 24 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE III (OFFENSES AGAINST PROPERTY), DIVISION 4 (TRESPASS), SECTION 24 -113 (ENTERING OR REMAINING ON PROPERTY OF ANOTHER AFTER HAVING BEEN FORBIDDEN TO DO SO; DESIGNATION OF POLICE TO ENFORCE TRESPASS VIOLATIONS.) Sec. 24 -113. - Entering or remaining on property of another after having been forbidden to do so; designation of police to enforce trespass violations. (b) Any owner, lessee, custodian, or the agent of such person, or other person lawfully charge of real property may, in writing on a form prescribed by the chief of police, designate the police department as a "person lawfully in charge thereof," as those terms are used in subsection (a) of this section, for the purpose of forbidding another to go or remain upon the lands, buildings or premises of such owner, lessee, custodian, or the agent of such person, or other person lawfully in charge. Such designation: (1) Shall include a description of the land, building or premises to which it applies; (2) Shall reference the period of time during which it is in effect; and (3) 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. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Leesburg Town Code. SECTION IV. This ordinance shall be effective upon its adoption. PASSED this 22nd day of January , 2013. n C. mstattd, Mayor �---` Town of Leesburg P: \Ordinances\2013 \0122 Amending Chapter 24 of the TC re Barment Procedures.doc