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