County of York, VA
 
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Table of Contents
Table of Contents
The provisions of § 18.2-341, Code of Virginia, prohibiting work, labor or business on Sunday, shall have no force or effect within the County.
(a) 
It shall be unlawful for any person to loiter in, upon or around any public place, whether or not on private property.
(b) 
No person shall be deemed to be loitering on private property of which he is the owner or one of the owners or tenant, or as to which property he has a lawful private right, not shared by the public generally, to conduct himself in such manner that he would be otherwise in violation of the provisions of this section.
(c) 
Any person who shall violate this section shall be guilty of a Class 3 misdemeanor.
(a) 
Except as otherwise provided herein, it shall be unlawful for any person under the age of 18 years to be in any public place, whether or not on private property, between the hours of 12:30 a.m. and 5:00 a.m. of the same day.
(b) 
The provisions of this section shall not apply to a minor accompanied by his parent, legal guardian or other adult person having the care and custody of the minor pursuant to applicable provision of law, or when the minor is upon an emergency errand or legitimate business directed by his parent, legal guardian or such other adult person having the care and custody of the minor.
(c) 
Any minor violating the provisions of this section shall be dealt with in accordance with the law and procedure applicable in the juvenile and domestic relations district court.
(d) 
Any minor who violates any of the provisions of this section may be taken into immediate custody by a police officer, without process. Such officer shall comply with the provisions of § 16.1-247, Code of Virginia.
(e) 
The provisions of this section shall be applicable to members of the armed forces of the United States under the age of 18 years; provided, however, that after such a minor is taken into custody, his release shall be made to his commanding officer or subordinate thereof.
(a) 
It shall be unlawful and a Class 2 misdemeanor for the parent, guardian or other adult person having the care and custody of a person under the age of 18 years to knowingly permit such minor to violate the provisions of § 16-2.
(b) 
This section shall not apply to the parent, guardian or other adult person having the care and custody of a minor who is member of the armed forces of the United States.
In any court proceedings involving §§ 16-2 and 16-3, the fact that the minor in question, unaccompanied by a parent, guardian or other adult person having the care and custody of such minor, is found upon a street, alley or other place mentioned in § 16-2, after 12:30 a.m. and before 5:00 a.m., shall be prima facie evidence that such minor is there unlawfully and that no reasonable excuse exists therefor and that the parent, guardian or other adult person having the care or custody of such minor knows and is permitting such minor to violate § 16-2.
It shall be unlawful and a Class 4 misdemeanor for any person to post posters, calendars or the like on the walls or doors of the courthouse, without the express permission of the County Administrator.
(a) 
Any person who shall, individually or in association with one or more others, willfully break, injure, tamper with or remove any part of any vehicle, aircraft, boat or vessel for the purpose of injuring, defacing or destroying such vehicle, aircraft, boat or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle, aircraft, boat or vessel, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat or vessel, shall be guilty of a Class 1 misdemeanor.
(b) 
Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, boat, vessel or locomotive or other rolling stock of a railroad, climb into or upon such vehicle, aircraft, boat, vessel or locomotive or other rolling stock of a railroad, with intent to commit any crime, malicious mischief or injury thereto, or who, while a vehicle, aircraft, boat, vessels or locomotive or other rolling stock of a railroad, is at rest and unattended, shall attempt to manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or to set such vehicle, aircraft, boat, vessel or locomotive or other rolling stock of a railroad in motion, with the intent to commit any crime, malicious mischief or injury thereto, shall be guilty of a Class 1 misdemeanor. This subsection shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
(c) 
The provisions of this section shall not apply to a bona fide repossession of a vehicle, aircraft, boat or vessel by the holder of a lien on such vehicle, aircraft, boat or vessel, or by agents or employees of such lienholder.
[Repealed 7-20-2010 by Ord. No. 10-13(R)]
[Repealed 2-19-2013 by Ord. No. 13-2]
[Ord. No. O97-2, 2-19-1997]
If any person shall sell or barter, or exhibit for sale or for barter, or give or furnish, or cause to be sold, bartered, given or furnished, or have in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife or like weapon, 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 same.
(a) 
No person shall sell, barter, exchange, furnish or dispose of, by purchase, gift or in any other manner, any toy gun, pistol, rifle or other toy firearm, if the same shall, by means of powder or other explosive, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Each sale of any of the articles hereinbefore specified to any person shall constitute a separate offense.
(b) 
Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols.
[Ord. No. O97-2, 2-19-1997]
If any person shall sell, barter, give or furnish, or cause to be sold, bartered, given or furnished, to any person under 18 years of age, a pistol, dirk or Bowie knife, having good cause to believe him to be under 18 years of age, such person shall be guilty of a Class 1 misdemeanor.
[Ord. No. O97-2, 2-19-1997]
Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228, Code of Virginia, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting §§ 18.2-18, 18.2-19, 18.2-61, 18.2-66, and 18.2-347, Code of Virginia.
Every person who attempts to commit an offense which is a misdemeanor shall be punishable by the same punishment prescribed for the offense the commission of which was the object of the attempt, except as otherwise specifically provided.
[Ord. No. O97-2, 2-19-1997]
(a) 
If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness or any law-enforcement officer in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or law-enforcement officer, he shall be guilty of a Class 2 misdemeanor.
(b) 
If any person, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or any law-enforcement officer, lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, he shall be deemed to be guilty of a Class 1 misdemeanor.
[Ord. No. O97-2, 2-19-1997; Ord. No. 03-3, 1-21-2003]
(a) 
Any person who shall commit a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor. However, if a person intentionally selects the person against whom the offense is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a mandatory, minimum term of confinement of a least six months, 30 days of which shall not be suspended, in whole or in part.
(b) 
In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a mandatory, minimum sentence of 15 days in jail, two days of which shall not be suspended in whole or in part. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to Code of Virginia § 18.2-308.1, the person shall serve a mandatory, minimum sentence of confinement of six months which shall not be suspended in whole or in part.
(c) 
"Simple assault" or "assault and battery" shall not be construed to include the use of, by any teacher, principal, assistant principal, guidance counselor, or school security officer, in the course and scope of his acting official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.
(d) 
For purposes of this section, "school security officer" means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.
If any person shall, in the presence or hearing of another, curse or abuse such person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language under circumstance reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor.
[Ord. No. O97-2, 2-19-1997]
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:
(a) 
In any street, highway, 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 or persons at whom, individually, such conduct is directed; or
(b) 
Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any meeting of the governing body of the County or a division or agency thereof, or of any school, literary society or place of religious worship, if the disruption (i) prevents or interferes with the orderly conduct of the meeting or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or
(c) 
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 (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
However, the conduct prohibited under Subsection (a), (b), or (c) 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 title.
The person in charge of any such building, place, conveyance, meeting, operation or activity 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.
A person violating any provision of this section shall be guilty of a Class 1 misdemeanor.
[Ord. No. 10-8(R-1), 1-18-2011]
The board of supervisors hereby finds and declares that excessive noise is a serious hazard to the public health, welfare, peace and safety, and the quality of life. It is, therefore, the policy of the County and the purpose of these §§ 16-19 through 16-19.5 to prevent such excessive noise.
[Ord. No. 10-8(R-1), 1-18-2011]
As used in this article, the following words and phrases shall have the following meanings:
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A).
DWELLING UNIT
A building or portion thereof designed or intended to be occupied as living quarters by one or more persons and including permanent provisions for living, sleeping, eating, cooking and sanitation.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
MOTOR VEHICLE
Every vehicle defined as a motor vehicle by § 46.2-100 of the Code of Virginia (1950), as amended.
PERSON
Any individual, firm, owner, sole proprietorship, partnership, limited liability company, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her unaided hearing faculties.
PUBLIC AREA
Any "public area" as defined in § 17-2 of this Code.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk or alley platted or dedicated for use by the general public, whether maintained by a governmental entity or by a private person or entity.
REAL PROPERTY LINE
An imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.
RESIDENTIAL AREA
Any property zoned for residential use, whether or not exclusively.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.
[Ord. No. 10-8(R-1), 1-18-2011; Ord. No. 13-14, 11-19-2013]
The following acts, or the causing or permitting thereof, among others, are unlawful:
(a) 
Radios, stereos and loudspeakers, television sets, musical instruments and similar sound amplification or reproduction devices. Operating, playing or permitting the operation or playing of any radio, stereo system or loudspeakers, television, compact disc player, or other sound reproduction device, or any drum, musical instrument, or similar device [other than devices described in Subsection (b) below] at any time when the sound is plainly audible at a distance of 100 feet or more from its source and on property other than that from which the sound originates, or within an occupied detached residential dwelling with all windows and doors closed located on property other than that from which the sound originates, or between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to permit sound to be plainly audible across a residential real property line or through partitions common to two dwelling units within a building.
(b) 
Public address systems and sound trucks. Using, operating or permitting the operation of any public address system, sound truck, mobile sound vehicle or similar device amplifying sound therefrom for any purpose between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to permit sound to be plainly audible across a residential real property line, or at a distance of 100 feet from its source and on property other than that from which the sound originates. For purposes of this subsection, a public address system is an electronic sound amplification and distribution system with a microphone, amplifier and loudspeakers used to address an assembly of people.
(c) 
Production of sound from radios, phonographs, etc., on streets. The using, operating or permitting the playing, using or operating of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other electronic or other machine or device for the producing or reproducing of sound upon the public streets or public parking lots, unless the resultant noise or sound shall be not plainly audible a greater distance than 100 feet from the vehicle or other enclosure in which it is contained or at least 100 feet from the source thereof if not contained within any vehicle or other enclosure.
(d) 
Horns, whistles, etc. Sounding or permitting the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or in any public area, except as a warning of danger, or as a notification that a motor vehicle is being locked or unlocked, or notification that an alarm system is being enabled or disabled.
(e) 
Exhaust discharges and mechanical noises. The discharge into open air of the exhaust of any steam or diesel engine, stationary internal combustion engine, chain saw, power mower, motorboat or motor vehicle, except through a fully operational muffler or similar sound attenuation device.
(f) 
Yelling, shouting, etc. Yelling, shouting, and other vocal sounds in excess of a normal conversational level, whistling or singing, any of which occurs between the hours of 11:00 p.m. and 7:00 a.m. so as to create a sound across a residential real property line or on a public right-of-way or on any public area that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which such sound emanates, or at a distance of 100 feet or more from its source and on property other than that from which the sound originates.
(g) 
Schools, public buildings, places of worship, and hospitals. The creation of any noise on the grounds of any school, court, public building, place of worship, or hospital in a manner that is plainly audible within such school, court, public building, place of worship or hospital and interferes with the operation of the institution.
(h) 
Large party nuisance. The creation of plainly audible sound between the hours of 11:00 p.m. and 7:00 a.m. that continues unabated for 30 minutes or more, and emanates from a gathering of people where the gathering is not completely contained within a structure, but spills outdoors into balconies, yards, common areas, parking lots, or other outdoor spaces and is plainly audible across a property line, or through partitions common to two dwelling units within a building, or at a distance of 100 feet or more from its source and on property other than that which the sound originates.
(i) 
Construction. The erection, including excavation, demolition, alteration, or repair of any building or improvement between the hours of 7:00 p.m. and 7:00 a.m., if any resulting sound is plainly audible beyond the real property line of the property on which the work is being conducted, or within any occupied dwelling unit other than the one in which the work is being performed with doors closed and windows in the position appropriate for the season, except in the case of emergency under a permit granted by the County Administrator. In considering the granting, conditioning, or denial of the permit, the County Administrator shall be guided by the following standards: (i) nature of the emergency; (ii) proposed extended hours of operation; (iii) duration of period of requested extended hours; (iv) character of the area surrounding the construction site; and (v) number of residential units which would be impacted by the extended hours of construction. This provision shall not apply to emergency repair work performed by a governmental agency and a public utility.
(j) 
Pneumatic hammer, chain saw, etc. The operation between the hours of 8:00 p.m. and 7:00 a.m. of any chain saw, pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other similar equipment that produces sound that is plainly audible beyond the real property line of the property on which the work is being performed, or within any occupied dwelling unit with doors closed and windows in the position appropriate for the season.
(k) 
Refuse collection vehicle operation. The operation of a refuse collection vehicle within 100 feet of a residence between the hours of 11:00 p.m. and 7:00 a.m.
(l) 
Animals. The keeping of any animal which shall be the source of any noise or sound which is plainly audible across a residential property line or through the partitions common to two dwelling units, or at a distance of 100 feet or more from its source and on property other than that from which the sound originates and which continues for a period of 30 minutes or longer.
(m) 
Noise to attract attention to performances, etc. The use of any drums or other musical instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
[Ord. No. 10-8(R-1), 1-18-2011]
Maximum sound pressure levels. In addition to, and not in limitation of the specific prohibitions of § 16-19.2, no person shall operate or permit to be operated any noise source which generates a sound pressure level exceeding the limits set forth in the following tables when measured at or outside the property boundary of the noise source or at any point within any other property affected by the noise. When a noise source can be identified and its noise measured in more than one district classification, the limits of the most restrictive classification shall apply.
(a) 
Outdoors.
Maximum Sound Pressure Levels
Receiving Property Category
Residential Property or residential portion of a multi-use property
Non-residential facility including non-residential portion of multi-use facility
Time
7:00 a.m. to 11:00 p.m.
11:00 p.m. to 7:00 a.m.
24 hours
Maximum A-Weighted sound level standard, dB
65
55
65
(b) 
Indoors.
Maximum Sound Pressure Levels
Receiving Property Category
Residential Property or residential portion of a multi-use property
Non-residential facility including non-residential portion of multi-use facility
Time
7:00 a.m. to 11:00 p.m.
11:00 p.m. to 7:00 a.m.
24 hours
Maximum A-Weighted sound level standard, dB
55
50
55
Measurements in multi-family structures. In a structure used as a multi-family dwelling, the measurements to determine such sound levels shall be taken from common areas within or outside the structure or from other dwelling units within the structure, when requested to do so by the owner or tenant in possession and control thereof. Such measurement shall be taken at a point at least four feet from the wall, ceiling or floor nearest the noise source, with doors to the receiving area closed and windows in the normal position for the season.
(c) 
Public Areas.
In addition to the prohibition in paragraph (a) and (b) above, no person shall operate or cause to be operated in or into a public area any source of sound in such a manner as to exceed the levels set forth below when measured at a distance of at least six feet from such source:
Time Period
Noise Level
(in decibels)
7:00 a.m. to 11:00 p.m.
65
11:00 p.m. to 7:00 a.m.
55
The provisions of this subparagraph (c) shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided such events are conducted pursuant to a permit or license issued by the appropriate governing official pursuant to Chapter 17 of this Code relative to the staging of such events.
[Ord. No. 10-8(R-1), 1-18-2011]
In order to implement and enforce this article effectively, the County Administrator shall within a reasonable time after the effective date of this article, develop and promulgate standards and procedures for testing and validating sound level meters used in enforcement of this article.
[Ord. No. 10-8(R-1), 1-18-2011]
Sections 16-19.2 and 16-19.3 shall have no application to any sound generated by any of the following:
(a) 
Noise or sound which customarily accompanies bona fide parades for which any necessary permits have been issued, fireworks displays conducted in compliance with applicable laws, school-related activities, sporting events, or public functions or public commemorative events sponsored or conducted by a local, state, or federal government or agency thereof.
(b) 
Religious services, religious events, or religious activities or expressions, including, but not limited to music, singing, bells, chimes, and organs which are a part of such service, event, activity, or expression.
(c) 
Military activities of the Commonwealth of Virginia or of the United States of America.
(d) 
Radios, sirens, horns, and bells on law enforcement, fire, or other emergency response vehicles.
(e) 
Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or person in possession of the premises served by any such alarm to turn off the alarm.
(f) 
Sound which is necessary for the protection or preservation of property or the health, safety, life or limb of any person, including sound generated by the normal operation of any air conditioning, refrigeration or heating equipment. However, as to any air conditioning, refrigeration or heating equipment found to exceed the maximum permissible sound pressure levels prescribed in § 16-19.3 above, such equipment shall not fall within this exception unless within 15 days following receipt of a written notice of violation, a written certificate is provided to the York County Sheriff, issued by a repair agent duly certified by the manufacturer of such equipment, certifying that based upon personal inspection of the equipment subsequent to the date of the notice of violation, the equipment was found to be correctly installed and operating properly.
(g) 
Locomotives and other railroad equipment, and aircraft.
(h) 
Household tools and lawnmowers and other lawn care equipment with manufacturer's recommended mufflers installed, between 7:00 a.m. and 8:00 p.m.
(i) 
The striking of clocks.
(j) 
Lawful discharge of firearms.
(k) 
Activities conducted in any gymnasium, arena, theater, amphitheater, swimming pool, stadium, rifle range, gun club or any similar sporting facility, whether any such activity occurs indoors or outdoors.
(l) 
Noise generated in connection with the business being conducted on property zoned IL (Limited Industrial) or IG (General Industrial), provided that all equipment or machinery generating such noise is in good repair and is being operated and maintained in accordance with the manufacturer's recommendations and with a fully operational muffler or other noise attenuating device if a muffler or noise attenuating device is standard on such machinery or equipment.
[Ord. No. 10-8(R-1), 1-18-2011]
Any person who violates § 16-19.2 or 16-19.3 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding $250 for the first offense, and upon any subsequent conviction within a period of 12 months shall be punished by a fine not to exceed $500. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Ord. No. O97-2, 2-19-1997]
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. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.
(a) 
If any person shall use obscene, vulgar, profane, lewd, lascivious or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act with the intent to coerce, intimidate or harass any person, over any telephone in this County, such person shall be guilty of a Class 1 misdemeanor.
(b) 
It shall be the duty, on pain of contempt of court, of each telephone company in this County to furnish immediately, in response to a subpoena issued by a circuit court, such information as it, its officers and employees, may posses which, in the opinion of the court, may aid in the apprehension of persons suspected of violating the provisions of this section.
(a) 
Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be deemed guilty of adultery.
(b) 
Any person, not being married, who voluntarily shall have sexual intercourse with any other person shall be deemed guilty of fornication.
(c) 
If any person commits adultery or fornication, such person shall be guilty of a Class 4 misdemeanor.
If any person commits adultery or fornication with any person whom he is forbidden by law to marry, such person shall be guilty of a Class 1 misdemeanor; provided, however, that this section shall not be construed to apply to a person committing adultery or fornication with his daughter or granddaughter, or with her son or grandson, or her father or his mother.
If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or whether married or not, be guilty of open and gross lewdness and lasciviousness, each of them shall be guilty of a Class 3 misdemeanor. Upon a repetition of the offense, and conviction thereof, each of them shall be guilty of a Class 1 misdemeanor.
[Ord. No. O97-2, 2-19-1997]
(a) 
Any person who commits adultery, fornication, or offers to commit adultery, fornication and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be punishable as a Class 1 misdemeanor.
(b) 
Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor.
(c) 
As soon as practicable following conviction of any person for violation of this section, such person shall be required to submit to testing for infection with human immunodeficiency virus. The convicted person shall receive counseling from personnel of the Department of Health concerning (i) the meaning of the test, (ii) acquired immunodeficiency syndrome and (iii) the transmission and prevention of infection with human immunodeficiency virus.
Tests shall be conducted to confirm any initial positive test results before any test result shall be determined to be positive for infection. The results of such test shall be confidential as provided in § 32.1-36.1, Code of Virginia, and shall be disclosed to the person who is the subject of the test and to the Department of Health as required by § 32.1-36, Code of Virginia. The Department shall conduct surveillance and investigation in accordance with the requirements of § 32.1-39, Code of Virginia.
The results of the test shall not be admissible in any criminal proceeding related to prostitution.
The cost of the test shall be paid by the County and taxed as part of the cost of such criminal proceedings.
(a) 
It shall be unlawful and a Class 1 misdemeanor for any person to keep any bawdy place, or to reside in or at or visit, for immoral purposes, any bawdy place. Each and every day such bawdy place shall be kept, resided in or visited shall constitute a separate offense. In a prosecution under this section, the general reputation of the place may be proved.
(b) 
As used in this section, the term "bawdy place" shall mean any place, within or without any building or structure, which is used or is to be used for lewdness, assignation or prostitution.
(a) 
It shall be unlawful for any person or any officer, employee or agent of any firm, association or corporation, with knowledge of, or good reason to believe, the immoral purpose of such visit, to take or transport or assist in taking or transporting, or offer to take or transport, on foot or in any way, any person to a place, whether within or without any building or structure, used or to be used for the purpose of lewdness, assignation or prostitution, or to procure or assist in procuring, for the purpose of illicit sexual intercourse or any act violative of § 18.2-361, Code of Virginia, or to give any information or direction to any person with intent to enable such person to commit an act of prostitution.
(b) 
A violation of this section shall constitute a Class 1 misdemeanor.
It shall be unlawful and a Class 1 misdemeanor for any owner or chauffeur of any vehicle, with knowledge or reason to believe the same is to be used for such purpose, to use the same or to allow the same to be used for the purpose of prostitution or unlawful sexual intercourse, or to aid or promote such prostitution or unlawful sexual intercourse by use of any such vehicle.
(a) 
It shall be unlawful for any person to deliberately smell or inhale any drugs or any other noxious chemical substances, including but not limited to, fingernail polish or model airplane glue, containing any ketones, aldehydes, organic acetates, ether, chlorinated hydrocarbons or vapors with the intent to become intoxicated, inebriated, excited, stupefied or to dull the brain or nervous system. Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor.
(b) 
It shall be unlawful for any person, other than one duly licensed, to deliberately cause, invite or induce any person to smell or inhale any drugs or any other noxious substance or chemicals containing any ketone, aldehydes, organic acetates, ether, chlorinated hydrocarbons or vapors with the intent to intoxicate, inebriate, excite, stupefy or to dull the brain or nervous system of such person. Any person violating the provisions of the subsection shall be guilty of a Class 2 misdemeanor.
[Ord. No. O97-2, 2-19-1997]
Any person who:
(a) 
Commits larceny from the person of another of money or other thing of value of less than $5; or
(b) 
Commits simple larceny, not from the person of another, of goods and chattels of the value of less than $200, except as provided in Subdivision (iii) of § 18.2-95, Code of Virginia, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
[Ord. No. O97-2, 2-19-1997]
(a) 
Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner thereof out of the value of the goods or merchandise:
(1) 
Willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or
(2) 
Alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or
(3) 
Counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200 shall be deemed guilty of petit larceny and, upon conviction thereof, shall be punished as provided by Subsection (b) below. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.
(b) 
Any person convicted for the first time of an offense under this section, when the value of the goods or merchandise involved in the offense is less than $200, shall be punished as for a Class 1 misdemeanor.
(c) 
Any person convicted of an offense under this section, when the value of the goods or merchandise involved in the offense is less than $200, and it is alleged in the warrant, indictment, or information on which such person is convicted, and admitted, or found by the jury or judge before whom such person is tried, that such person has been before convicted in the Commonwealth of Virginia or in another jurisdiction for any offense of larceny or any offense deemed or punishable as larceny, or of any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were misdemeanors, felonies or a combination thereof, shall be confined in jail not less than 30 days nor more than 12 months.
(d) 
A merchant, agent or employee of the merchant, who causes the arrest or detention of any person pursuant to the provisions of this section or § 16-30 shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest or assault and battery of the person so arrested, whether such arrest or detention takes place on the premises or the merchant or after close pursuit from such premises such merchant, or the merchant's agent or employee; provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant, had, at the time of such arrest or detention, probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. The activation of an electronic article surveillance device as a result of a person exiting the premises or an area within the premises of a merchant where an electronic article surveillance device is located shall constitute probable cause for the detention of such person by such merchant, his agent or employee, provided such person is detained only in a reasonable manner and only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device, and provided that clear and visible notice is posted at each exit and location within the premises where such a device is located indicating the presence of an anti-shoplifting or inventory control device. For the purposes of this subsection, agents of the merchant shall include attendants at any parking lot owned or leased by the merchant, or generally used by customers of the merchant through any contract or agreement between the owner of the parking lot and the merchant.
(e) 
Any person who has been convicted of violating the provisions of this section shall be civilly liable to the owner for the retail value of any goods and merchandise illegally converted and not recovered by the owner, and for all costs incurred in prosecuting such persons. Such costs shall be limited to actual expenses, including the base wage of one employee acting as a witness for the County and suit costs. Provided, however, the total amount of allowable costs granted hereunder shall not exceed $250, excluding the retail value of the goods and merchandise.
If any person shall, without authority of law, go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement of other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or part, portion or area thereof at a place or places where it or they may be reasonably seen, he shall be guilty of a Class 1 misdemeanor.
[Ord. No. O97-2, 2-19-1997]
If any person shall enter upon the property of another, in the nighttime, and secretly or furtively peeps, spies, or attempts to peep or spy into or through a window, door or other aperture of any building structure or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure be permanently situated or transportable and whether or not such occupancy be permanent or temporary, such person shall be guilty of a Class 1 misdemeanor.
(a) 
Is shall be unlawful for any person to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than two cubic feet of clear space which is airtight, without first removing the door or hinges from such icebox, refrigerator, container, device or equipment.
(b) 
This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed or is being used for display purposes by any retail or wholesale merchant or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.
(c) 
Any person violating any of the provisions of this section shall be deemed guilty of a Class 3 misdemeanor.
(a) 
The owner or proprietor of any establishment which has during the preceding calendar month gross sales of proprietary medicines, as defined by the Code of Virginia, nonprescription drugs, and over-the-counter drugs exceeding 25% of total gross sales shall employ a registered pharmacist on the premises during business hours.
(b) 
Any person who violates this section shall be guilty of a Class 1 misdemeanor.
(a) 
Collections of standing or flowing water in which mosquitoes breed or are likely to breed are hereby declared to be a nuisance and detrimental to the public health. Collections of water may include, but shall not be limited to, water contained in vehicle tires, trash piles, drainage ditches, impoundments or ruts caused by heavy equipment.
(b) 
It shall be unlawful for any owner, occupant or person in charge of any property within the County to have, keep, maintain, cause or permit any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated so as to effectively prevent such breeding. It shall be unlawful for any person to place or cause to be placed or to allow to remain in or about any drain, storm sewer, mosquito control ditch or other construction maintained by the County any material or substance which is likely to obstruct, stop or interfere with the natural flow of water.
(c) 
The County Administrator or his representative may investigate conditions existing on any real property in the County at any time; provided that entry shall not be made on any such property prior to a finding of violation without the consent of the owner or occupant or pursuant to proper legal process unless entry is pursuant to a public easement of right-of-way. Upon a determination that conditions exist on any such property in violation of paragraph (b), written notice shall be provided to the owner of such property, and [or] to the person primarily responsible if different from the owner, stating the facts which constitute a violation of paragraph (b) and directing the owner [or such person responsible for the property] to take such action as may be necessary to rectify such conditions within 10 days of the date of the notice and, if the owner shall fail to comply with the terms of the notice, then the County Administrator or his representative shall cause to be done such work as may be necessary to abate the offending condition by agents or employees of the County.
(d) 
All expenses resulting from the correction by the agents or employees of the County of a violation of this section shall be billed to the owner and shall, unless paid in full within 15 days, be certified by the County Administrator to the County treasurer who shall collect such amount in the same manner as taxes are collected; and all charges not so collected shall constitute a lien against such property; provided, however, that no such expenses shall be charged to the owner if in the opinion of the County Administrator the offending condition is the direct result of acts or omissions of tidal waters or the Virginia Department of Transportation, the County or any other governmental agency.
(e) 
Any notice required by this section shall be conclusively deemed to have been served when mailed by certified or registered mail to the current owner and address as shown on the land records of the commissioner of the revenue of the County.
(f) 
Nothing in this section shall be deemed to prevent the County, with the consent of the owner, from using its employees to correct offending conditions on private property without charge to the property owner.
(g) 
A violation of any of the provisions of this section shall constitute a Class 4 misdemeanor.
[Ord. No. 09-8(R-3), 6-15-2010]
(a) 
Prohibition; exceptions. No person shall discharge at any location in the County any rifle of a caliber larger than 0.22 rimfire, except for the following:
(1) 
Law enforcement officers, animal wardens and game wardens in the line of duty;
(2) 
Military personnel in the line of duty;
(3) 
Persons discharging a rifle on firing ranges operating in conformance with the County's zoning regulations;
(4) 
Persons discharging a rifle in conjunction with and as authorized by a permit to hunt to control the deer population pursuant to Code of Virginia § 29.1-529; and
(5) 
Persons discharging a rifle in lawful defense of property or persons or to kill a dangerous or destructive animal.
(b) 
Penalty for violation. Any person violating this section shall be guilty of a Class 2 misdemeanor.
(a) 
No sports shooting range or combination of ranges shall be used at any time unless a range safety officer, as designated by the owner or operator of such range, is present on the range. Such officers shall have the duty and responsibility of enforcing the owner or operator's rules and regulations for the safe use of such range.
(b) 
A log shall be maintained on the premises of every sports shooting range of the name of the range safety officer present on the range and the hours during which the safety officer was present. The range safety officer shall ensure that every person who uses a range is identified in a log to be kept for such purpose; the manufacturer, model, and caliber of each firearm used by each such person; and the time during which the firearm was used. Such logs shall be maintained for a period of at least two months after the latest entry therein and shall be made available for review during reasonable hours at the request of law enforcement officers or the County Administrator.
(c) 
For purposes of this section, a "sports shooting range" shall mean each outdoor area designed and designated for the use of rifles, shot guns, pistols, silhouettes, skeet, trap, black powder, or any other similar sports shooting.
Every person 14 years of age or younger shall wear a protective helmet that meets the standards promulgated by the American National Standards Institute or the Snell Memorial Foundation whenever riding or being carried on a bicycle on any highway as defined in § 46.2-100, Code of Virginia, sidewalk or public bicycle path.
Violation of this ordinance shall be punishable by a fine of $25. However, such fine shall be suspended (i) for first-time violators and (ii) for violators who, subsequent to the violation but prior to imposition of the fine, purchase helmets of the type required by this section.
(a) 
It shall be unlawful for any person to operate a personal watercraft, as defined in § 29.1-744.1, Code of Virginia, within 50 feet from a shore or dock, or within 100 feet of swimmers. Nothing in this section shall be construed to prohibit access to and from waters where operation is not restricted.
(b) 
Reckless operation or manipulation of watercraft, skis, etc. No person shall operate any watercraft, or manipulate any ski or skis, surfboard, aquaplane, or similar device in or on any creek or cove or any other of the waters within the territorial limits of the County in a reckless or negligent manner or at a speed such as to endanger the life or limb of any person or to endanger, damage or destroy the property, whether real or personal, of any person.
(c) 
Operating or manipulating watercraft, skis, etc, while intoxicated or under influence of drugs. No person shall operate any watercraft, or manipulate any ski or skis, surfboard, aquaplane or similar device in or on any of the waters within the territorial limits of the County while under the influence of alcohol or while under the influence of any other self administered intoxicant or drug of whatsoever nature.
(d) 
A violation of this section shall be punishable by a fine of up to $250.
[Ord. No. 01-16(R), 9-4-2001; Ord. No. 05-15(R), 6-21-2005; Ord. No. 09-14, 8-18-2009]
(a) 
Definition. "Graffiti" shall mean the unauthorized application by any means of any writing, painting, drawing, etching, scratching or marking of an inscription, word, mark, figure or design of any type on any public or private building or other real estate or personal property owned, operated or maintained by a governmental entity or agency or instrumentality thereof or by any private person, firm, or corporation.
(b) 
Graffiti prohibited; criminal penalty.
(1) 
It shall be unlawful for any person to willfully or maliciously deface or damage by application of graffiti any public buildings, facilities or other property, or any private buildings, facilities or other property. Any person convicted of a violation of this subsection shall be guilty of a Class 1 misdemeanor. The punishment for any such violation in which the defacement is (i) more than 20 feet off the ground, (ii) on a railroad or highway overpass, or (iii) committed for the benefit of, at the direction of, or in association with any criminal street gang, as that term is defined by Code of Virginia § 18.2-46.1, shall include a mandatory minimum fine of $500.
(2) 
Upon a finding of guilt in any case tried before the court without a jury, in the event the violation constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying the ordinance in subsequent proceedings.
(3) 
Any community service ordered by the court shall, to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the County and may include clean-up, beautification, landscaping or other appropriate community service within the County. The County Administrator shall supervise the performance of any community service work required and to report thereon to the court imposing such requirement. At or before the time of sentencing under the ordinance, the court shall receive and consider any plan for making restitution or performing community service submitted by defendant. The court shall also receive and consider the recommendations of the court's supervisor of community services concerning the plan.
(4) 
Notwithstanding any other provision of law, no person convicted of a violation of this ordinance shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community services, or both in accordance with Code of Virginia § 19.2-305.1, as it may be amended from time to time.
(c) 
Parental liability for cost of graffiti. In the event graffiti is applied to any public property by a minor who is living with either or both parents or a legal guardian, the County may institute an action and recover from the parents of the minor, or either of them, or from the legal guardian the costs for damages suffered by reason of the willful or malicious destruction of, or damage to, public property by the minor. The action by the County shall be subject to any limitation of the amount of recovery set forth in Code of Virginia § 8.01-43 or other applicable state law.
(d) 
Graffiti declared a nuisance. The existence of graffiti within the County in violation of this section is expressly declared a public nuisance, and is subject to the removal and abatement procedures specified in this section.
(e) 
Removal of graffiti.
(1) 
The County Administrator is authorized to undertake or contract for the removal or repair of the defacement by the application of graffiti of any public building, wall, fence or other structure or any private building, wall, fence or other structure where such defacement is visible from any public right-of-way.
(2) 
If the defacement occurs on a public or private building, wall, fence or other structure located on an unoccupied property and the County, through its own agents or employees, removes or repairs the defacement after complying with the notice provisions set out below, the actual cost or expense incurred by the County shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes are collected.
a. 
Prior to such removal of graffiti from private property, the County Administrator shall issue to the property owner, by certified mail, return receipt requested, sent to the last address listed for the owner in County property assessment records, a notice which states: the street address and legal description of the property; that the property has been determined by the County to constitute a graffiti nuisance; that the owner must take corrective action to abate the nuisance created by such graffiti within 15 days of the date of the owner's receipt of the notice or refusal of the owner to receive notice; and that if the graffiti is not removed within the fifteen-day period, the County will begin removal procedures, the cost of which shall by charged to the property owner, or may institute a legal action to require the property owner to remove or obscure the graffiti. Where the property owner fails to abate the nuisance within 15 days after receipt of the notice or refusal of the owner to receive notice, the County Administrator is authorized to undertake efforts forthwith to remove or obscure the graffiti.
b. 
Before entering upon private property for the purpose of graffiti removal, the County shall attempt to obtain the consent of the property owner, occupant or other responsible party.
c. 
In the event no owner or occupant or person responsible for the graffiti can be found to whom to direct the notice provided for in this subsection, the County, after giving 15 days' notice in a newspaper having general circulation in the County, may proceed to remove or obscure the graffiti and charge the property owner for costs therefor as provided in Subsection (g) below.
(3) 
Where a structure defaced by graffiti is owned by a public entity other than the County, the removal of the graffiti by the County is authorized only after securing the consent of an authorized representative of the public entity having jurisdiction over the structure.
(4) 
In addition to the foregoing, the County Administrator is authorized to institute appropriate legal action on behalf of the County, including but not limited to actions pursuant to Code of Virginia § 15.2-900, to compel the owner or owners of the subject property to abate or remove the graffiti at the owner's own cost.
(f) 
Emergency removal of graffiti. If the County Administrator determines that any graffiti is an immediate danger to public health, safety or welfare, then 48 hours after the later of (1) mailing notice to the property owner or other responsible party, as provided above and (2) posting notice in a conspicuous place on the property, the County may remove or cause the graffiti to be removed. The County may bring an action against the property owner or other responsible party to recover the necessary costs reasonably required to remove or obscure the graffiti.
(g) 
Assessment of costs against property owner for removal of graffiti.
(1) 
If the County undertakes corrective action to remove graffiti from private property after complying with the notice provisions of Subsection (e)(2) above, the total cost for such removal and related repairs shall be charge-able to and paid by the property owner, and may be collected as a special assessment against the respective lot or parcel of land to which it relates in the manner in which County taxes and levies are collected.
(2) 
Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local taxes and enforceable in the same manner as such liens. The County may waive and release such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
(3) 
The court may order any person convicted of unlawfully defacing any property described in Subsection (e) to pay full or partial restitution to the County for costs incurred by the County in removing or repairing the defacement. An order of restitution pursuant to this section shall be docketed as provided in Code of Virginia § 8.01-446 when so ordered by the court or upon written request of the County and may be enforced by the County in the same manner as a judgment in a civil action.
(h) 
Nothing herein shall be deemed a limitation on the rights of the County to seek and enforce the removal or obscuration of graffiti by any other means or remedies available at law or equity.
(i) 
Severability. If any part, subsection, or sentence of this section is for any reason determined by a court of law to be unconstitutional or invalid, such decision shall not affect the remaining portions of this section.
[Ord. No. 07-11, 6-19-2007]
(a) 
As used in this section, the following terms shall have the meanings listed below:
MOTORBOAT
Any vessel propelled by machinery whether or not the machinery is the principal source of propulsion.
NO WAKE
Operation of a motorboat at the slowest possible speed required to maintain steerage and headway.
OPERATE
To navigate or otherwise control the movement of a motorboat or a vessel.
PERSONAL WATERCRAFT
A motorboat less than 16 feet in length which uses an inboard motor powering a jet pump, as its primary motive power and which is designed to be operated by a person sitting, standing, or kneeling on, rather than in the conventional manner of sitting or standing inside, the vessel.
VESSEL
Every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(b) 
No person shall operate a motorboat or vessel, which shall include personal watercraft, at such a speed as to create a wake, swell or displacement wave in and on any waterway in York County that has been designated by a "no wake" buoy or other marker pursuant to the authority provided under § 29.1-744 of the Code of Virginia:
(c) 
Any person who desires to place "no wake" buoys or other markers relating to safe and efficient operation of vessels shall apply to the County Administrator who shall prepare the material necessary for the request to be formally considered and acted on by the board of supervisors. The applicant shall be responsible for paying the costs of a legal advertisement to be published at least 14 days prior to the board of supervisors' consideration of the request. Subsequent to the board of supervisors' action, the County Administrator shall forward the request, along with documentation of the board's action, to the director of the Virginia Department of Game and Inland Fisheries who will, within 30 days, approve, disapprove or approve with modifications the placement and type of "no wake" marker to be used. As used in this and the following subsection, the term "person" or "applicant" may include the board of supervisors acting on its own initiative.
(d) 
Upon authorization by VDGIF, the applicant shall place and maintain the approved regulatory marker(s), at the expense of the applicant. Any marker or buoy which is not in conformance with the VDGIF regulations shall be removed.
(e) 
All law enforcement officers may enforce the proper observance by watercraft operators of any marker installed under this article. Violations shall constitute a Class 4 misdemeanor.