Title
Ordinance to Amend and Reenact Chapter 24 of the City Code of the City of Hampton, Virginia Entitled “Offenses - Miscellaneous” by Amending Article I, Section 24-33 to provide that a person in charge of real property may designate the Hampton Police Division for the purpose of enforcing trespass
Purpose
PURPOSE/BACKGROUND:
This ordinance amendment will assist HPD’s efforts to reduce unlawful activity, not limited to trespass, on private property.
Discussion:
This ordinance amendment allows a private property owner to designate HPD as a person lawfully in charge for the purposes of enforcing trespassing. This mechanism can be used by private property owners and HPD to reduce unlawful activity, or activity not allowed by the property owner at various locations including shopping centers, apartment complexes, churches and other private properties.
Impact:
None.
Recommendation:
Rec
Approval of the Ordinance (no public hearing required).
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 24-33 of Article I, Chapter 24 of the City Code of the City of Hampton, Virginia be amended to read as follows:
Chapter 24 - OFFENSES - MISCELLANEOUS
ARTICLE I. - IN GENERAL
. . . .
Sec. 24-33. - Trespass after having been forbidden to do so.
(a) 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 having been forbidden to do so by a sign or signs posted by such person, or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs, on such lands, buildings, premises or part, portion or area thereof at a place where it or they may be reasonably seen he shall be guilty of a Class 1 misdemeanor.
(b) 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 Code of Virginia, §§ 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 Code of Virginia, § 19.2-152.10 or an ex parte order issued pursuant to Code of Virginia, § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor.
(c) This section shall not be construed to affect in any way the provisions of Code of Virginia, §§ 18.2-132 through 18.2-136.
(d) The owner, lessee, custodian or person lawfully in charge of real property may designate the Hampton police division as a “person lawfully in charge of the property,” as set forth in subsection (a), for the purpose of forbidding another to go or remain upon the lands, buildings or premises as specified in the designation. Such designation must be in writing and on file with the Hampton police division. The chief or police, or his designee, has discretion to refuse to accept any such designation.
State Law reference- Similar provisions, Code of Virginia, § 18.2-119; § 15.2-1717.1.