City of Fredericksburg, VA
 
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Table of Contents
Table of Contents
[Code 1991, §§ 13-1, 13-3]
A. 
Misdemeanors shall be classified, for the purpose of punishment and sentencing, as provided in this section. The authorized punishments for the conviction of misdemeanors are:
(1) 
For Class 1 misdemeanors, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
(2) 
For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
(3) 
For Class 3 misdemeanors, a fine of not more than $500.
(4) 
For Class 4 misdemeanors, a fine of not more than $250.
B. 
A misdemeanor for which no punishment or maximum punishment is prescribed by ordinance shall be punishable as a Class 1 misdemeanor, except where such penalty is inconsistent with state law, in which case the state penalty shall apply.
[Code 1991, § 13-4]
Every person who attempts to commit an offense which is a misdemeanor shall be punishable by the same punishment prescribed for the offense if it had been completed.
[Code 1991, § 13-5]
If any person sells, barters, exhibits for sale or barter, gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knuckles, switchblade knife or like weapons, such person shall be guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give, or furnish the weapon.
[Code 1991, § 13-6]
If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a dirk, switchblade knife or Bowie knife, having good cause to believe him to be a minor, such person shall be guilty of a Class 4 misdemeanor.
[Code 1991, § 13-7]
If any person willfully discharges or causes to be discharged any firearm in any street in the City or in any place of public business or place of public gathering in the City, he shall be guilty of a Class 1 misdemeanor, provided that this section shall not apply to any law enforcement officer in the performance of his official duties or to any other person whose willful act is otherwise justifiable or excusable at law in the protection of his life or property, or who is otherwise specifically authorized by law. The provisions of this section shall not apply if the person willfully discharging or causing to be discharged any firearm has fully complied with the provisions of § 54-7.
[Code 1991, § 13-9; Ord. No. 11-27, 9-27-2011]
A. 
It shall be a Class 3 misdemeanor for any person to use any slingshot, pneumatic gun, air rifle, BB gun, etc., or similar device within the City limits, except as may be permitted under the provisions of § 54-7. However, nothing herein shall prohibit the use of pneumatic guns at facilities approved for shooting ranges, or other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
B. 
As used herein, "pneumatic gun" means any implement designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure, including any paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
[Code 1991, § 13-10; Ord. No. 09-14, 4-28-2009]
A. 
The discharge of a firearm is prohibited within the City limits.
B. 
This prohibition shall not apply to:
(1) 
Any person hunting within the City limits in compliance with Virginia laws and regulations, with the permission of the property owner, in possession of a permit issued for the activity by the City Manager or his designee, and in compliance with the terms of City Code § 54-7.1 and the permit;
(2) 
Any law-enforcement officer in the performance of his official duties nor to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law;
(3) 
Any person firing a firearm while participating in an historic re-enactment event approved by the City Manager or designee, provided that any such firearm contains no projectile;
(4) 
The discharge of a firearm which contains no projectile or which is loaded with blank ammunition by an honor guard composed of members of the United States armed forces while participating in a ceremony, by an actor in a dramatic performance, or for the purpose of starting a race.
C. 
The City Manager shall have authority to issue permits allowing the discharge of firearms within the City by persons hunting as set forth below, or for historic re-enactment events, or by persons not exempted herein, provided that such firearms shall fire blank ammunition or contain no projectile, and further provided that the City Manager is satisfied that the firing of such firearm will not constitute a disturbance of the peace, a nuisance, or in any way endanger the life or well-being of any person or constitute a hazard to any property.
D. 
Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
[Ord. No. 09-14, 4-28-2009]
A. 
The regulations contained herein shall apply to hunting within the City limits. Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor, except that a person violating Subsection E shall be guilty of a Class 4 misdemeanor.
B. 
It shall be unlawful for any person to hunt any bird or game animal using a rifle of a caliber larger than 0.22 rimfire.
C. 
It shall be unlawful for any person to hunt any bird or game animal using a muzzle loading rifle or a shotgun loaded with slugs, except from a stand elevated at least 10 feet above the ground.
D. 
It shall be unlawful to hunt with a firearm any bird or game animal within 100 yards of any primary or secondary highway in the City. For the purpose of this subsection, the term "hunt" shall not include the necessary crossing of highways for the bona fide purpose of going into or leaving a lawful hunting area.
E. 
It shall be unlawful to shoot or hunt with a firearm, to traverse an area while in possession of a loaded firearm, within 100 yards of any property line of a public school or City or regional park.
[Ord. No. 09-14, 4-28-2009]
It shall be unlawful to shoot an arrow from a bow in a manner that can be reasonably expected to result in the impact of the arrow upon the property of another without permission from the owner or tenant of such property. For the purposes of this section, "bow" includes all compound bows, crossbows, longbows and recurve bows having a peak draw weight of 10 pounds or more. The term "bow" does not include bows which have a peak draw of less than 10 pounds or which are designed or intended to be used principally as toys. The term "arrow" means a shaft-like projectile intended to be shot from a bow. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
[Ord. No. 09-14, 4-28-2009]
It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within the City. Any violation of this chapter shall be punishable by a fine of not more than $100. The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.
[Ord. No. 09-14, 4-28-2009]
The terms used in the foregoing §§ 54-7 through 54-7.3 shall have the meanings ascribed to them in the Code of Virginia § 29.1-100.
[Code 1991, § 13-11]
A. 
The entire City is hereby designated as a bird sanctuary.
B. 
If any person willfully traps, hunts, shoots, or attempts to trap, hunt or shoot any bird or wild fowl or tampers with or robs the nest of any bird or wild fowl within the City, he shall be guilty of a Class 3 misdemeanor. This section shall not prohibit the control of pigeons and starlings by any method other than shooting.
C. 
The provisions of this section shall not apply to certain game birds as are permitted to be hunted in season under the statutes of the commonwealth so long as those persons hunting such game birds fully comply with § 54-7.
[Code 1991, § 13-12]
A. 
Any person who, without just cause therefor, calls or summons by telephone or otherwise any ambulance or firefighting apparatus, or any person who maliciously activates a manual or automatic fire alarm in any building used for public assembly or for other public use, including but not limited to schools, theaters, stores, office buildings, shopping centers and malls, coliseums and arenas, regardless of whether fire apparatus responds or not, shall be deemed guilty of a Class 1 misdemeanor.
B. 
A violation of this section may be prosecuted either in the jurisdiction from which the call or summons was made or in the jurisdiction where the call or summons was received.
[Code 1991, § 13-12.5]
If any person maliciously advises or informs another over any telephone in the City of the death of, accident to, injury to, illness of, or disappearance of some third party, including any such communication with the enhanced emergency telephone service (E-911) operated by the City, knowing the such information to be false, he shall be guilty of a Class 1 misdemeanor.
[Code 1991, § 13-13]
A. 
Prohibited acts. Except as otherwise provided in this section, it shall be unlawful for any person to transport, manufacture, store, sell, offer for sale, expose for sale, or buy, use, ignite or explode any firecracker, torpedo, pyrotechnic, skyrocket, or other substance or thing, of whatever form or construction, that contains nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, nitroglycerin, phosphorus, or any other explosive or inflammable compound or substance, and is intended or commonly known as "fireworks."
B. 
Supervised public displays. The Fire Marshal shall have the authority to adopt rules and regulations governing the issuance of permits for supervised public displays of fireworks, as defined in this section. Every such display shall be handled by an experienced and competent operator approved by the Fire Marshal and shall be of such composition and character and so located, discharged or fired that such display, in the opinion of the Fire Marshal, will not be dangerous or hazardous to any property or person. The Fire Marshal may require a bond or other guaranty from the permittee in a sum reasonably determined by the Fire Marshal to ensure compliance with the provisions of this section.
C. 
Exemptions.
(1) 
This section shall have no application to any officer or member of the Armed Forces of the commonwealth, or of the United States, while acting within the scope of his authority and duties as such, or to any offer of sale or sale of fireworks to any authorized agent of such armed forces; nor shall it be applicable to the sale or use of materials or equipment, otherwise prohibited by this section, when such material or equipment is used or is to be used by any person for signaling or other emergency use in the operation of any boat, railroad train or other vehicle for the transportation of persons or property.
(2) 
This section shall not apply to the use or the sale of sparklers, fountains, Pharoah's serpents, or caps for pistols, or to pinwheels commonly known as whirligigs or spinning jennies; provided, however, the fireworks listed in this subsection may only be used, ignited or exploded on private property with the consent of the owner of such property.
D. 
Penalty. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor.
[Code 1991, § 13-14]
Within the City limits, any person who intentionally sets or procures another to set fire to any woods, brush, leaves, grass, straw, or other inflammable substance capable of spreading fire, and who intentionally allows the fire to escape to lands not his own, whereby the property of another is damaged or jeopardized, shall be guilty of a Class 1 misdemeanor, and shall be liable for the full amount of all expenses incurred in fighting the fire.
[Code 1991, § 13-16]
Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present.
[1]
Editor's Note: Former § 54-14, which pertained to nudity of employees in taverns, restaurants and other establishments, derived from § 13-16.1 of the 1991 Code, was repealed 1-22-2013 by Ord. No. 13-01.
[Ord. No. 13-01, 1-22-2013]
A. 
Definitions. The following words and phrases when used in this section shall, for the purpose of this section, have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning:
PUBLIC PLACE
Includes (but is not limited to) all outdoor places owned by or open to the general public, and all buildings, structures, and enclosed places owned by or open to the general public, including places of entertainment, taverns, restaurants, clubs, dance halls, banquet halls, hotels, party rooms, or halls limited to specific members, places restricted to adults or patrons invited to attend, whether or not an admission or cover charge is levied.
STATE OF NUDITY
A state of undress so as to expose the human male or female genitals, pubic area, or buttocks or to cover any of them with less than a fully opaque covering, or the showing of the female breast or any portion thereof below the top of the nipple, or the covering of the breast or any portion thereof below the top of the nipple with less than a fully opaque covering.
B. 
Every person who knowingly, voluntarily, and intentionally appears in a public place, a place open to the public, or a place open to public view in a state of nudity, or employs, encourages or procures another person so to appear, shall be guilty of a Class 2 misdemeanor punishable by confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
C. 
Nothing contained in this section shall be construed to apply to the exhibition, presentation, showing, or performance of any play, ballet, drama, tableau, production, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher learning, or other similar establishment which is primarily devoted to such exhibitions, presentations, shows, or performances as a form of expression of opinion, communication, speech, ideas, information, art, or drama (as differentiated from commercial or business advertising, promotion or exploitation of nudity for the purpose of advertising, promoting, selling, or serving products or services or otherwise advancing the economic welfare of a commercial or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern, or dance hall).
D. 
No person shall be in violation of this section for breastfeeding a child.
[Code 1991, §§ 1-2, 13-20]
A. 
For purposes of this section, the terms "intoxicated," "drunk," and "under the influence" shall mean any person who has drunk enough alcoholic beverage to so affect his manner, disposition, speech, muscular movement, general appearance or behavior as to be apparent to observation.
B. 
A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(1) 
In any street, highway, or public building, or while in or on a public conveyance or public place, engages in conduct having a direct tendency to cause acts of violence by the person at whom, individually, such conduct is directed; or
(2) 
Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption prevents or interferes with the orderly conduct of the operation or activity, or has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
C. 
The conduct prohibited under Subsection B(1) or (2) of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Code.
D. 
The person in charge of any such building, place, conveyance, or meeting may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.
E. 
A person violating any provision of this section shall be guilty of a Class 1 misdemeanor.
[1]
Editor’s Note: Former § 54-16, Aggressive or dangerous solicitation, adopted 8-9-2005 by Ord. No. 05-21, as amended, was repealed 1-10-2017 by Ord. No. 16-28.
[Code 1991, § 13-17]
If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor.
[Code 1991, § 13-19]
Any person who shall unlawfully, but not feloniously, commit an assault or an assault and battery upon another person in the City shall be guilty of a Class 1 misdemeanor.
[Code 1991, § 13-21]
Any person who: (i) commits larceny from the person of another of money or other thing of value of less than $5; or (ii) commits simple larceny not from the person of another of goods and chattels of the value of less than $200; shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
[1]
Editor's Note: Former § 54-20, which pertained to concealed weapons permits, adopted 7-11-2006 by Ord. No. 06-19, was repealed 6-26-2012 by Ord. No. 12-12.
[Ord. No. 06-20, 7-25-2006]
If any person goes upon or remains upon the lands, buildings or premises owned or operated by the City, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the City Manager or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons at a place or places where it or they may be reasonably seen, he shall be guilty of a Class 1 misdemeanor.
[Ord. No. 06-36, 10-10-2006]
A. 
The owner of any real property or any person legally authorized to act for the owner of such property, or the lessee, custodian, or other person lawfully in charge as those terms are used in Code of Virginia, § 18.2-119, may designate the Chief of Police or designees as agents of the property owner and as "persons lawfully in charge of the property" for the purposes of forbidding another to go or remain upon the lands, buildings, or premises of the owner as specified in the designation.
B. 
This designation shall be upon a form developed by the Chief of Police, signed by the owner or on the owner's behalf as provided above, in writing, and on maintained file with the Fredericksburg Police Department.
C. 
The designation shall be effective when accepted in writing by the Chief of Police, in his or her sole discretion. The chief may consider, among other relevant factors, such factors as resource levels of the Police Department, and the proper allocation of those resources.
D. 
The effect of the designation shall be to appoint the Fredericksburg Police Department, and its officers, as true and lawful attorneys-in-fact for the owner, lessee, custodian, or person lawfully in charge of the property with the following specific powers:
(1) 
To determine if a person has the owner's, lessee's, custodian's, or person lawfully in charge's permission to go or remain upon such property;
(2) 
To issue written "notice forbidding trespass" to person(s) without such permission provided they are engaged in illegal activity;
(3) 
To arrest person(s) found to be in violation of such notice; and
(4) 
To testify in court on behalf of the owner, lessee, custodian, or person lawfully in charge to enforce the notice forbidding trespass and the trespass laws.
E. 
An owner or owner's agent may revoke the designation in writing, at any time after providing written notice of such change to the Chief of Police. The Chief of Police may rescind his or her acceptance of the designation at any time, by providing written notice to the owner or owner's agent.
F. 
The Chief of Police may terminate the designation after providing written notice of such termination to the owner or owner's agent.