Sec. 28-1. - Attempt to commit misdemeanor.

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.

State law reference— Similar provisions, Code of Virginia, § 18.2-27.

Sec. 28-2. - Causing or encouraging minors to commit misdemeanors, etc.

Any person eighteen (18) years of age or older, including the parent of any child, who shall cause or encourage any child under the age of eighteen (18) years to commit any misdemeanor, or who shall send or cause any such child to go into any place for any unlawful purpose, or who shall in any way subject any such child to vicious or immoral influences, or who shall induce, cause, encourage or contribute toward the dependency, neglect or delinquency of any such child, shall be guilty of a misdemeanor. When the offense consists of having or attempting to have intercourse with any female child under the age of eighteen (18) years, the fact that such female was not of previous chaste character or had been married may be shown in mitigation.

State law reference— Similar provisions, Code of Virginia, § 18.2-371.

Sec. 28-3. - Prohibiting the sale of tobacco products to certain minors.

The proprietor of every retail establishment which offers for sale any tobacco product, including but not limited to cigarettes and cigars, shall post in a conspicuous manner and place a sign or signs indicating that the sale of tobacco products to any person under eighteen (18) years of age is prohibited by law. A violation of this section shall be punishable by a civil penalty not to exceed fifty dollars ($50.00), which penalty shall be paid to the city.

(Ord. No. 173, § 16; Ord. No. 2178; Code 1961, § 25-10; Ord. No. 4232-91)

Sec. 28-4. - Curfew for certain minors.

(a)

Intent. Council enacts this section prescribing, in accordance with prevailing community standards, regulations for the conduct of minors in public places at night, for the good of minors, for the support and furtherance of the institution of the family, and for the general public good, safety and welfare. Council does not intend hereby to prohibit or interfere with any lawful activity. Council intends hereby to ensure that minors in public places at night after curfew are provided with responsible adult supervision.

(b)

Factfinding. Council finds that the curfew for certain minors section has been a significant factor in deterring juvenile delinquency in the past, and that it should now be updated and amplified in compliance with changes in the law and in response to increases in drug related crime and crime in general within the city. Council further finds that Newport News' stability as a community is based on the institution of the family; that parental responsibility for the whereabouts of their children is the norm; and that legal sanctions to enforce such responsibility, because they encourage parental responsibility, decrease juvenile delinquency. Council further finds that youths at night are more vulnerable to crime and peer pressure than adults; that minors lack experience, perspective and judgment to recognize and avoid detrimental choices such as drugs, alcohol and crime; and that the city's restriction on minors' movement after 10:00 p.m. for youths under fourteen (14) years of age and midnight for youths between fourteen (14) years of age and eighteen (18) years of age reinforces parental authority and home life, and encourages parents to actively supervise their children.

Council is aware that proceedings before a Juvenile and Domestic Relations Court pursuant to this section constitute status offenses governed by Code of Virginia, 1950, Section 16.1-278.6, as amended.

(c)

Definitions. The following words, as used in this section, shall mean the following:

(1)

The word "officer" shall mean a member of the Newport News Police Department or any other law enforcement officer.

(2)

The word "guardian" shall mean a legal guardian or other adult person having care, custody or control of a minor.

(3)

The word "minor" shall mean a person less than eighteen (18) years of age.

(d)

It shall be unlawful for any person under the age of fourteen (14) years to be present on any street, road, alley, avenue, park or other public place in the city, or in any vehicle operating or parked thereon, between 10:00 p.m. and 5:00 a.m., unless accompanied by his/her parent or guardian or unless such minor is on an emergency errand or legitimate business directed by his parent or guardian or is engaged in a lawful employment or going directly to the place of such employment or returning directly to his place of residence from the place of such employment.

(e)

It shall be unlawful for any person over the age of thirteen (13) years but under the age of eighteen (18) years to be present on any street, road, alley, avenue, park or other public place in the city, or in any vehicle operating or parked thereon, between the hours of 12:01 a.m. and 5:00 a.m., unless accompanied by his/her parent or guardian or unless such minor is on an emergency errand or legitimate business directed by his parent or guardian or is engaged in a lawful employment or going directly to the place of such employment or returning directly to his place of residence from the place of such employment.

(f)

It shall be unlawful for any parent or guardian of any minor to permit, allow or encourage such minor to be present on any street, road, alley, avenue, park or other public place in the city, or in any vehicle operating or parked thereon, in violation of provisions of subsections (d) or (e) of this section.

(g)

Exceptions. In the following cases, a minor in or upon a public place under the circumstances prohibited by subsections (d) and (e), shall not be in violation of this section:

(1)

When a minor is in a motor vehicle engaged in interstate travel. This is intended, from excess of caution, to exempt from regulation bona fide interstate travel through, beginning or ending, in the city.

(2)

When the minor was attending an activity on the property of or sponsored by a city or state agency or body, or a school or a religious organization, or was returning to the minor's place of residence therefrom, without detour or stop.

(3)

When a minor is a volunteer firefighter or volunteer rescue squad member and is responding to emergency calls in that capacity.

(h)

Any minor taken into custody for a violation of this section, shall be processed as follows:

(1)

So long as funds are appropriated therefor, the officer shall transport the minor to the city's facility designated as a juvenile curfew reception center. The officer will contact the on-call intake officer to facilitate placement of the minor for protective custody if the parent cannot be reached within a reasonable time but prior to the facility closing. In the event the minor is released to the parent or guardian, it shall be evidenced by the parent's signature on the Juvenile History Sheet utilized by the Newport News Police Department. An explanation of the reason for the detention shall be given to the parent or guardian. A record of this event containing a brief description of the circumstances shall be kept on file by the Newport News Police Department.

(2)

Should any such minor refuse to give such officer his/her name and address or the name, address and telephone number of his/her parent or guardian or in the event no parent or guardian can be located, or if located is unable to accept custody of such minor, such officer shall take such minor to the intake division of the juvenile and domestic relations district court of the city to be dealt with in the manner required by law.

(i)

Any person who is found guilty of violating any of the provisions of this section, or who shall knowingly give a false name, address or telephone number to such officer, shall be guilty of a Class 4 misdemeanor. In addition, any minor found guilty of violating this section may be subject to any order of disposition authorized by Code of Virginia, 1950, Section 16.1-278.4, as amended.

(j)

The provisions of this section shall not apply to any minor who has been emancipated.

(k)

Severability. Severability is intended throughout and within this section. If any provision (including inter alia any exception, part, phrases or term), is for any reason held invalid, or its application to any person or circumstances is held invalid, then the remainder of this section shall continue in full force and effect, and its application to other persons and circumstances shall not be affected.

(Ord. No. 173, § 7; Code 1961, § 25-13; Ord. No. 4247-91; Ord. No. 4723-95; Ord. No. 4782-95; Ord. No. 5821-02, § 1)

State law reference— Curfew for minors, Code of Virginia, § 15.2-926.

Sec. 28-4.1. - Curfew during a state of local emergency.

(a)

Intent. City council enacts this section for the purpose of protecting the health and safety of persons and property and to facilitate the provision of emergency assistance to the victims of a disaster, and for the protection of the city's inhabitants and property and for the preservation of peace and good order therein.

(b)

It shall be unlawful for any person to be present on any public street, road, alley, avenue, park or other public place in the city, or in any vehicle operating or parked thereon, between the hours during which a curfew has been established in conjunction with a declaration of a local emergency.

(c)

Any person who is found guilty of violating any of the provisions of this section, shall be guilty of a Class 1 misdemeanor.

(Ord. No. 6148-05)

Sec. 28-5. - Prohibited trick or treat activities.

(a)

If any person beyond the seventh grade of school or over twelve (12) years of age shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, such person shall be guilty of a Class 4 misdemeanor. Nothing herein shall be construed as prohibiting any parent, guardian or other responsible person having lawfully in his custody a child twelve (12) years old or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child. However, no accompanying parent or guardian shall wear a mask of any type.

(b)

If any person shall engage in playing "trick or treat" or any other activity of similar character or nature under any name whatsoever after 8:00 p.m., such person shall be guilty of a Class 4 misdemeanor.

(Ord. No. 1558, § 1; Code 1961, § 25-56; Ord. No. 3663-87)

Sec. 28-6. - Obstructing justice by threats or force.

(a)

If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, 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, witness or law enforcement officer, he shall be guilty of a Class 4 misdemeanor.

(b)

If any person, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, witness or an officer of a court, 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. 3914-89)

Cross reference— Interfering with firefighters, § 16-3.

State law reference— Similar provisions, Code of Virginia, § 18.2-460.

Sec. 28-7. - Calling ambulance or firefighting apparatus without cause; malicious activation of fire alarm in public building.

(a)

Any person who, without just cause therefor, calls or summons, by telephone or otherwise, any ambulance or firefighting apparatus, shall be deemed guilty of a misdemeanor.

(b)

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 misdemeanor.

(Ord. No. 173, § 13; Code 1961, § 25-2)

Cross reference— Fire prevention and protection, Ch. 16; unjustified activation of security alarm system to summon police department, § 32-48.

State law reference— Similar provisions, Code of Virginia, § 18.2-212.

Sec. 28-8. - Panhandling.

(a)

As used in this section, panhandling means any solicitation made in person upon any street, public place or park in the city, in which a person requests an immediate donation of money or other gratuity from another person, and includes but is not limited to seeking donations:

(1)

By vocal appeal or for music, singing, or other street performance; or

(2)

Where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.

However, panhandling shall not include the act of passively standing or sitting, nor performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person.

(b)

It shall be unlawful to engage in an act of panhandling on any day after sunset or before sunrise.

(c)

It shall be unlawful to engage in an act of panhandling when either the panhandler or the person being solicited is located at any of the following locations:

(1)

At a bus stop;

(2)

In any public transportation vehicle or public transportation facility;

(3)

In a vehicle which is parked or stopped on a public street or alley;

(4)

Within twenty (20) feet in any direction from any outdoor or sidewalk café or restaurant during the hours of operation of such outdoor or sidewalk café or restaurant;

(5)

Within twenty (20) feet in any direction from any entrance or exit of any bank; or

(6)

Within twenty (20) feet in any direction from any automated teller machine.

(d)

It shall be unlawful to engage in an act of panhandling in an aggressive manner. Panhandling in an aggressive manner means intentionally or recklessly:

(1)

Touching or causing physical contact with the solicited person without that person's consent in the course of panhandling;

(2)

Blocking including, but not limited to, placement of one's body or sign in the path of a person being solicited, or the entrance to any building or vehicle; or

(3)

Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which is intended or likely to cause a reasonable person to fear bodily harm.

(e)

Acts authorized as an exercise of a person's constitutional right to picket, protest, or speak shall not constitute unlawful activity pursuant to this ordinance.

(f)

A violation of this section shall constitute a class 4 misdemeanor.

(Ord. No. 173, § 4; Code 1961, §§ 25-6, 26-6; Ord. No. 6845-12, § 1)

Editor's note—

Ord. No. 6845-12 shall be in effect on and after April 1, 2012.

Sec. 28-9. - Assault and battery.

Any person who shall commit a simple assault or assault and battery shall be guilty of a misdemeanor.

(Ord. No. 173, § 2; Ord. No. 2178; Code 1961, §§ 25-3, 25-4)

State law reference— Similar provisions, Code of Virginia, § 18.2-57.

Sec. 28-10. - Abusive language.

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 circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor.

(Ord. No. 173, § 8; Ord. No. 2178; Code 1961, § 25-1)

State law reference— Similar provisions, Code of Virginia, § 18.2-416.

Sec. 28-11. - Disorderly conduct in public places.

A person is guilty of disorderly conduct and a Class 1 misdemeanor if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person:

(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;

(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 funeral, memorial service, or meeting of the city council or a division or agency thereof, or of any school, literary society or place of religious worship, if such disruption: (i) prevents or interferes with the orderly conduct of the funeral, memorial service; or meeting or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; or

(c)

Willfully, or being 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 subdivision (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 Title 18.2 of the Code of Virginia, 1950, as amended.

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.

(Ord. No. 2178, Code 1961, § 25-14; Ord. No. 2319; Ord. No. 6699-10)

State law reference— Similar provisions, Code of Virginia, § 18.2-415.

Sec. 28-12. - Intoxication in public; penalty; transportation of public inebriates to detoxification center.

If any person is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other self-administered intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. If a court-approved detoxification center is available for the admission of such person, 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.

(Ord. No. 173, § 12; Ord. No. 1653, § 1; Ord. No. 2178; Code 1961, § 25-34; Ord. No. 4051-90)

Cross reference— Intoxicated persons prohibited at public dance halls and teenage dance clubs, § 5-30; operating bicycle or moped while under influence of liquor, § 10-24; driving while under influence of alcohol, § 26-72; intoxicated persons prohibited in recreation buildings, § 29-46.

State law reference— Similar provisions, Code of Virginia, § 18.2-388; authority for above section, Code of Virginia, § 15.2-926.2.

Sec. 28-12.1. - Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions.

(a)

If any person takes a drink of an alcoholic beverage or offers a drink thereof to another, whether accepted or not, at or in any public place, he shall be guilty of a Class 4 misdemeanor.

(b)

This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any rooms or areas approved by the commonwealth in a licensed establishment, provided such establishment or the person who operates the same is licensed to sell alcoholic beverages at retail for on-premises consumption and the alcoholic beverages drunk or offered were purchased therein.

(c)

This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any room or area approved by the commonwealth at an event for which a banquet license or mixed beverage special events license has been granted. Nor shall this section prevent, upon authorization of the licensee, any person from drinking his own lawfully acquired alcoholic beverages or offering a drink thereof to another in approved areas and locations at events for which a coliseum or stadium license has been granted.

(d)

This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another on a chartered boat being used for the transportation of passengers for compensation which is not licensed by the commonwealth and which does not sell alcoholic beverages.

(Ord. No. 5870-03)

Sec. 28-13. - Profanity, threats, etc., over telephone.

(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 city, such person shall be guilty of a misdemeanor.

(b)

It shall be the duty, on pain of contempt of court, of each telephone company in this city to furnish immediately, in response to a subpoena issued by a circuit court, such information as it, its officers and employees, may possess which, in the opinion of the court, may aid in the apprehension of persons suspected of violating the provisions of this section.

(Ord. No. 173, § 68; Ord. No. 2178; Code 1961, § 25-35)

State law reference— Similar provisions, Code of Virginia, §§ 18.2-427, 18.2-431.

Sec. 28-14. - Adultery and fornication generally.

(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.

(Ord. No. 173, § 1; Ord. No. 2178; Code 1961, § 25-40)

Cross reference— Joint occupancy of hotel rooms by persons of opposite sex, § 21-4.

State law reference— Similar provisions, Code of Virginia, §§ 18.2-344, 18.2-365.

Sec. 28-15. - Adultery and fornication by persons forbidden to marry.

If any person commits adultery or fornication with any person whom he or she is forbidden by law to marry, such person shall be guilty of a 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.

(Ord. No. 2178; Code 1961, § 25-41)

State law reference— Similar provisions, Code of Virginia, § 18.2-366, which declares adultery or fornication by persons mentioned in the exceptions to be a felony.

Sec. 28-16. - Lewd and lascivious cohabitation.

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. 173, § 30; Ord. No. 2178; Code 1961, § 25-42)

State law reference— Similar provisions, Code of Virginia, § 18.2-345.

Sec. 28-17. - Prostitution generally.

Any person who, for money of its equivalent, commits adultery or fornication, or offers to commit adultery or fornication, or any act in violation of section 18.2-361, Code of Virginia, and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be a misdemeanor.

(Ord. No. 3083-83)

State law reference— Similar provisions, Code of Virginia, § 18.2-346.

Sec. 28-18. - Bawdy places.

(a)

It shall be unlawful 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.

(Ord. No. 173, §§ 50, 51; Ord. No. 2178; Code 1961, § 25-43)

State law reference— Similar provisions, Code of Virginia, § 18.2-347.

Sec. 28-19. - Aiding prostitution or illicit sexual intercourse.

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 in violation of Section 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.

(Ord. No. 173, § 49; Ord. No. 2178; Code 1961, § 25-45; Ord. No. 3083-83)

State law reference— Similar provisions, Code of Virginia, § 18.2-348.

Sec. 28-20. - Using vehicle to promote prostitution or unlawful sexual intercourse.

It shall be unlawful 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.

(Ord. No. 173, § 52; Ord. No. 2178; Code 1961, § 25-46)

State law reference— Similar provisions, Code of Virginia, § 18.2-349.

Sec. 28-21. - Confinement at city farm or hospital of persons violating section 28-17 through 28-20.

Every person convicted of violating any of the provisions of sections 28-17 through 28-20 may, in the discretion of the court or judge, be confined at a city farm or hospital available for such confinement in lieu of confinement in jail.

(Ord. No. 173, §§ 54, 55; Ord. No. 2178; Code 1961, § 25-47)

State law reference— Similar provisions, Code of Virginia, § 18.2-350.

Sec. 28-22. - Drugs or other noxious chemical substances: Inhaling or causing others to do so.

(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 convicted of 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 substances 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 convicted of violating the provisions of this subsection shall be guilty of a Class 2 misdemeanor.

(Ord. No. 1747, § 1; Code 1961, § 25-57)

State law reference— Similar provisions, Code of Virginia, § 18.2-264.

Sec. 28-22.1. - Selling of imitation controlled substances.

It shall be unlawful for any person to sell, give or otherwise distribute to any person under the age of eighteen (18) years of age any imitation controlled substance. The term "imitation controlled substance" shall mean any substance other than a controlled substance or prescription drug, or combination of such substance which by representation or appearance (including but not limited to name, color, shape, size and markings) would lead a reasonable person to believe that the substance is a controlled substance, or which purports to act, either alone, in multiple doses, or in combination with a substance or substances, like a controlled substance, either stimulant or depressant.

Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

(Ord. No. 3108-83)

Sec. 28-22.2. - Selling of imitation controlled substances constitutes a nuisance.

The sale or distribution of any imitation controlled substance, as defined in section 28-22.1, to a person under the age of eighteen (18) years of age shall constitute a nuisance detrimental to the health, safety and welfare of the residents of the city.

(Ord. No. 3108-83)

Sec. 28-23. - Drugs or other noxious chemical substances: Sale or transfer to minors.

(a)

No person shall sell, give or otherwise transfer to any other person under the age of eighteen (18) years any substance mentioned in section 28-22; provided, that nothing contained in this section shall be considered applicable to:

(1)

The sale of any tube or container of glue that is marked by the manufacturer "anti-sniffant," "nontoxic," and having the property of releasing vapors or fumes for the purpose of discouraging the intentional smelling or inhaling of glue.

(2)

The sale of a model kit containing as a part thereof a tube or container of any such glue.

(3)

The sale of a tube or other container of any such glue immediately in conjunction with the sale of a model kit requiring the use of approximately such quantity of glue for the assembly of a model.

(4)

The transfer of a tube or other container of such glue from parent to child or from a guardian to ward.

(b)

Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(Ord. No. 1747, § 1; Code 1961, § 25-57)

Sec. 28-24. - Fraudulent use of pay phones, parking meters and other coin-operated machines.

(a)

No person shall operate, cause to be operated or attempt to operate or cause to be operated any coin box telephone, parking meter, vending machine or other machine that operates on the coin-in-the-slot principle, whether of like kind or not, designed only to receive lawful coin of the United States of America, in connection with the use or enjoyment of telephone or telegraph service, parking privileges or any other service, or the sale of merchandise or other property, by means of a slug or any false, counterfeit, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever, not authorized by the owner, lessee or licensee of such coin box telephone, parking meter, vending machine or other machine.

(b)

No person shall obtain or receive telephone or telegraph service, parking privileges, merchandise or any other service or property from any such coin box telephone, parking meter, vending machine or other machine, designed only to receive lawful coin of the United States of America, without depositing in or surrendering to such coin box telephone, parking meter, vending machine or other machine lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such coin box telephone, parking meter, vending machine or other machine.

(c)

A violation of this section shall constitute a Class 3 misdemeanor.

(Ord. No. 1023, § 1; Code 1961, § 25-54)

Cross reference— Parking meters, § 26-146 et seq.

State law reference— Similar provisions, Code of Virginia, § 18.2-179.

Sec. 28-25. - Loitering for the purpose of engaging in a prostitution offense.

(a)

For the purposes of this section, "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entranceways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.

(b)

Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passersby in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of prostitution, as defined in section 28-17, shall be guilty of a Class 2 misdemeanor.

(c)

Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passersby in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for purposes of aiding prostitution or illicit sexual intercourse, as defined in section 28-19, shall be guilty of a Class 2 misdemeanor.

(Ord. No. 3083-83)

Sec. 28-26. - Loitering for purpose of engaging in narcotics activity.

It shall be unlawful for any person to loiter or remain about any place with one (1) or more persons for purposes of unlawfully using, selling, giving, distributing, or possessing a controlled substance, as defined in the Drug Control Act, Chapter 34 of Title 54.1, Code of Virginia, or an imitation controlled substance, as defined in section 18.2-247, Code of Virginia.

(Ord. No. 3083-83)

Sec. 28-27. - Damaging property generally.

It shall be unlawful for any person to willfully or maliciously, or with wanton disregard for the rights of others, damage, injure, mutilate or deface any property, real or personal, public or private, not belonging to such person.

(Ord. No. 172, § 6; Ord. No. 173, §§ 32, 45, 56, 65; Ord. No. 1640; Ord. No. 2178; Code 1961, §§ 25-19, 25-19.1, 25-20, 25-21, 25-22, 26-8)

Cross reference— Responsibility for damage to property in armory auditorium, § 7-22; damaging books, documents or papers belonging to law library, § 22-40; damaging traffic signs, § 26-20.

State law reference— Damaging property, Code of Virginia, § 18.2-137 et seq.

Sec. 28-28. - Injuring, tampering with, etc., vehicles, aircraft, etc.

(a)

Any person who shall, individually, or in association with one (1) or more others, willfully break, injure, tamper with, or remove any part or parts 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 misdemeanor.

(b)

Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, climb into or upon such vehicle, aircraft, boat, vessel, 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, vessel, locomotive or other rolling stock of a railroad is at rest and unattended, shall attempt to manipulate any of the levers and starting crack or other device, brakes or mechanism thereof or to set such vehicle, aircraft, boat, vessel, 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 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 thereon or by the agents or employees of such lienholder.

State law reference— Similar provisions, Code of Virginia, §§ 18.2-146—18.2-148.

Sec. 28-28.1. - Hunting and trapping prohibited.

(a)

It shall be unlawful for any person to hunt or trap on property owned or under the jurisdiction of the City of Newport News, Virginia.

(b)

Any person violating the provisions of this section shall, upon conviction, be guilty of a Class 4 misdemeanor.

(Ord. No. 2987-82)

Sec. 28-29. - Trespass generally.

It shall be unlawful for any person within the city to trespass on any land, building or structure of another; provided, that this section shall not be construed to apply to situations within the purview of sections 28-30 and 28-31. For each violation of this section, the offender shall, upon conviction, be guilty of a Class 4 misdemeanor.

(Ord. No. 173, § 66; Ord. No. 1778; Ord. No. 2178; Code 1961, § 25-49)

Sec. 28-30. - Trespass after having been forbidden to do so.

(a)

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any 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 having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post signs on such lands, structures, premises, or portion or area thereof, at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Sections 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or 19.2-152.10, Code of Virginia, 1950, as amended, or an ex parte order issued pursuant to sections 20-103, Code of Virginia, 1950, as amended, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor.

(b)

Pursuant to the authority granted by Section 15.2-1717.1 of the Code of Virginia, 1950, as amended, a procedure is hereby established by which an owner, lessee, or custodian of real property may designate all sworn officers of the Newport News Police Department as persons 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 as specified in the designation. Pursuant to said procedure developed by the chief of police and adopted hereby, said designation shall be in writing and placed on file with the Newport News Police Department.

(Ord. No. 173, § 67; Ord. No. 2178; Code 1961, § 25-51; Ord. No. 4341-92; Ord. No. 5845-02, § 1)

State law reference— Similar provisions, Code of Virginia, § 18.2-119.

Sec. 28-31. - Peeping toms.

If any person shall enter upon the property of another, in the nighttime, and secretly or furtively peep through or attempt to so peep into or through, or spy 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.

(Ord. No. 173, § 44; Ord. No. 2178; Code 1961, § 25-52)

State law reference— Similar provisions, Code of Virginia, § 18.2-130.

Sec. 28-32. - Picketing or disrupting tranquility of residences.

(a)

It is hereby declared that the protection and preservation of the home is the keystone of democratic government; that the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility and privacy, and when absent from their homes carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes; that the practice of picketing before or about residences and dwelling places causes emotional disturbance and distress to the occupants; that such practice has as its object the harassing of such occupants; and without resort to such practice, full opportunity exists, and under the terms and provisions of this section will continue to exist, for the exercise of freedom of speech and other constitutional rights; and that the provisions hereinafter enacted are necessary in the public interest, to avoid the detrimental results herein set forth.

(b)

It shall be unlawful for any person to engage in picketing before or about the residence or dwelling place of any individual.

(c)

It shall be unlawful for any persons to assemble with another person or persons in a manner which disrupts or threatens to disrupt any individual's right to tranquility in such individual's home.

(d)

Nothing in this section shall be deemed to prohibit:

(1)

The picketing in any lawful manner, during a labor dispute, of the place of employment involved in such labor dispute;

(2)

The picketing in any lawful manner of a construction site; or

(3)

The holding of a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest.

(e)

Any person found guilty of violating this section shall be punished as for a Class 3 misdemeanor. Each day on which a violation of this section occurs shall constitute a separate offense.

(f)

Notwithstanding the penalties herein provided, any court of general equity jurisdiction may enjoin conduct, or threatened conduct, prescribed by this section, and may, in any such proceeding, award damages, including punitive damages, against the persons found guilty of actions made unlawful by this section.

(Ord. No. 1396, § 1; Ord. No. 1778; Code 1961, § 25-31.1)

State law reference— Similar provisions, Code of Virginia, §§ 18.2-418, 18.2-419.

Sec. 28-33. - Boarding or alighting from moving train; unauthorized entering of freight car.

Any person, other than the employees of railway companies in actual service, who shall attempt to get on or off any railway car or locomotive while in motion, or to enter any freight car standing upon the track, within the corporate limits of the city, shall be guilty of a Class 4 misdemeanor.

(Ord. No. 173, § 58; Code 1961, § 25-36)

Cross reference— Boarding or alighting moving vehicles generally, § 26-11.

Sec. 28-34. - Loitering on railroad tracks.

No person shall loiter or be found on the tracks of any railway company within the corporate limits of the city, except in passing over such tracks at a public or private crossing, without the consent of such railway company. Any person violating this section shall be guilty of a Class 4 misdemeanor.

(Ord. No. 173, § 59; Code 1961, § 25-37)

Sec. 28-35. - Nuisances generally.

Any person who shall cause or permit the existence of any public nuisance not otherwise provided for in the provisions of this Code or other ordinances of the city shall be guilty of a Class 4 misdemeanor for each day the nuisance may continue, after due notice shall have been given to remove, correct or abate the same.

(Ord. No. 173, § 57; Code 1961, § 25-28)

Cross reference— Noisy animals or birds as nuisances, § 6-9; sanitary nuisances, § 20-4; certain collections of standing or flowing water declared to be nuisances, § 20-23.

State law reference— Authority of city with reference to abatement of nuisances, Code of Virginia, § 15.2-1115.

Sec. 28-36. - Loud noises prohibited.

(a)

It shall be unlawful for any person to play, use, operate, or permit to be played, used or operated any television, radio, audio system in a motor vehicle, record, tape or compact disc player, drum, musical instrument, loudspeaker, communication system, amplification system, or any other sound production or reproduction system or device in such a manner that it is plainly audible (i) across property boundaries or inside the confines of the dwelling unit, house or apartment of another person, between the hours of 10:00 p.m. and 8:00 a.m., or (ii) at a distance of fifty (50) feet or more in any direction from the device.

(b)

For purposes of this section, "plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties. Specific words or phrases need not be discernible. The detection of bass reverberations is sufficient to constitute a plainly audible sound.

(c)

A violation of this section shall constitute a Class 2 misdemeanor.

(Ord. No. 173, § 36; Ord. No. 254; Code 1961, § 25-12; Ord. No. 2732-81; Ord. No. 2862-81; Ord. No. 4231-91; Ord. No. 6637-09, § 2)

Sec. 28-37. - Abandoned or discarded refrigerators and other airtight containers.

(a)

It 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 (2) 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.

(Ord. No. 173, § 48; Code 1961, § 25-38)

State law reference— Similar provisions, Code of Virginia, § 18.2-319.

Sec. 28-38. - Reserved.

Editor's note—

Ord. No. 6333-07, § 1, adopted February 27, 2007, repealed § 28-38, which pertained to tattooing or operating tattoo establishment. See also the Code Comparative Table. The user's attention is directed to Ch. 20, Art. IV for similar provisions.

Sec. 28-39. - Sale, discharge, etc., of stink bombs, itch powder, etc.

(a)

It shall be unlawful for any person to sell, keep for sale, barter, exchange or dispose of by purchase, gift or in any other manner, or to set off, discharge or explode, within the limits of the city, any stink bomb, itch powder or like nuisance powder or bomb of whatever kind. It shall likewise be unlawful for any person to set off, discharge, place or explode any such nuisance powder or bomb in any public building, theater, motion picture building or assembly hall, or upon any public property, sidewalk or street.

(b)

It shall be unlawful for wholesale dealers to have, keep, store or sell such nuisance powders or bombs, except when such nuisance powders or bombs are intended for sale, shipment and delivery in original or unbroken packages outside of the corporate limits of the city.

(c)

For each violation of any of the provisions of this section, the offender shall be guilty of a Class 4 misdemeanor.

(Ord. No. 173, § 64; Code 1961, § 25-49)

Sec. 28-40. - Unlawful use, possession, etc., of registered bottles or other receptacles.

(a)

It shall be unlawful for any person, other than the owner or the agent or licensee thereof, to take, use, convert or destroy, or have unlawfully in his possession, ship, or attempt to ship, or to fill or refill, without the consent of the owner, or of some person duly authorized, any bottles or other receptacles registered by the owner in accordance with Sections 59.1-94 and 59.1-95 of the Code of Virginia.

(b)

Any person violating this section shall be deemed guilty of a misdemeanor and shall be punished, for the first offense, by imprisonment for not less than ten (10) days nor more than one (1) year, or by a fine of five dollars ($5.00) and, in addition thereto, fifty cents ($0.50) for each such bottle or other receptacle involved in such violation, or by both such fine and imprisonment. For each subsequent violation, such person shall be punished by imprisonment for not less than twenty (20) days nor more than one (1) year, or by a fine of not less than fifty dollars ($50.00) and, in addition thereto, one dollar ($1.00) for each bottle or other receptacle involved in such violation, or by both such fine and imprisonment.

(Ord. No. 173, § 69; Code 1961, § 25-7)

Sec. 28-41. - Directing beam of laser pen, flashlight or similar device into the eyes of another person.

It shall be unlawful and a Class 4 misdemeanor for any person to intentionally, and without good cause, direct the beam from a laser pen, flashlight or similar device into the eyes (or eye) of another person.

(Ord. No. 5249-99, § 1)

Sec. 28-42. - Unlawful use of laser pointing devices.

(a)

For purposes of this section, "laser pointing device" is defined as any hand-held device which emits light amplified by the stimulated emission of radiation which is visible to the human eye.

(b)

It shall be unlawful for any person, intentionally and without good cause, to focus, point or shine the beam of a laser pointing device directly or indirectly into the eyes or eye of another person or into the eyes or eye of an animal; or to focus, point or shine the beam of a laser pointing device in such a manner as to harass or annoy or injury another person or an animal.

(c)

Violation of the provisions of this section shall constitute a Class 4 misdemeanor.

(Ord. No. 5253-99)

State law reference— Pointing laser at law enforcement officer, Code of Virginia, § 18.2-57.01.

Sec. 28-43. - Urination or defecation in public.

(a)

It shall be unlawful for any person to urinate or defecate in public or in a place open to public view except in public restroom facilities.

(b)

A violation of this section shall constitute a Class 4 misdemeanor.

(Ord. No. 5896-03)