Highlighted below: 13 of 13 extracted standards. Sections and highlights carry their own anchors.
Chapter 38 - OFFENSES AND MISCELLANEOUS PROVISIONS#
Footnotes:#
(1) ---
Cross reference— Environment, ch. 26.
State Law reference— Local control of firearms restricted, Code of Virginia, § 15.1-29.15; prohibiting loitering, curfew for minors, in towns, Code of Virginia, § 15.1-33.4; protection of property of municipality and its inhabitants and preserving peace and good order, Code of Virginia, § 15.1-137; shooting compound bow or crossbow, Code of Virginia, § 15.1-865; crimes and offenses generally, Code of Virginia, tit. 18.2; local ordinances prohibiting obscenity, Code of Virginia, § 18.2-389.
Sec. 38-1. - Curfew; persons under 18.#
(a) It shall be unlawful for minors who are not attended by their parents, guardian or other adult person having care, custody or control of such child, from frequenting or being in public places, whether on public or private property, between the times of 11:00 p.m. and 6:00 a.m. A violation of this section shall be disposed of as provided in Code of Virginia, §§ 16.2-278.4 and 16.1-278.5.
(b) The term "public place" shall also include public libraries.
(c) This section does not apply if the minor is directly traveling to and from a school sponsored function or his or her own place of employment. This section also does not apply if the minor is, at the time, working at his or her place of employment or attending a school-sponsored function.
(Code 1971, § 14-7(a)—(c); Ord. of 9-18-17)
Cross reference— Streets, sidewalks and other public places, ch. 50.
State Law reference— Curfew for minors, Code of Virginia, § 15.2-926.
Sec. 38-2. - Loitering.#
Any person interfering with pedestrian or vehicular traffic on the street, sidewalk or curb, shall move on or separate when required so to do by any member of the police department, and shall cease to occupy such position on the street, sidewalk or curb.
(Code 1971, § 14-20)
Cross reference— Streets, sidewalks and other public places, ch. 50.
State Law reference— Prohibiting loitering in towns, Code of Virginia, § 15.1-33.4.
Sec. 38-3. - Solicitations; permit required.#
It shall be unlawful for any person to beg, petition or solicit gifts, donations or contributions of funds, merchandise or property, or the sale of merchandise or services within the town without first obtaining a permit to do so from the mayor or chief of police.
(Code 1971, § 14-40)
Sec. 38-4. - House numbers.#
The owner of any home, business, apartment, factory or any other building shall properly display a house number. These numbers must be at least three inches in height and must be displayed so as to be clearly visible from the street in front of the building.§ The house number shall be assigned by the town manager's office.
(Ord. of 12-15-97)
Sec. 38-5. - Bad checks—Payment policy.#
The treasurer shall collect a fee in the amount established by the town council, $35.00, for uttering, publishing or passing of any check, draft, order for payment, or any other means of payment for town taxes or any other sum due, which is subsequently returned for insufficient funds, because there is no account or the account has been closed, or because such payment was returned due to a stop payment order. This fee is to be collected from the person who gives the check, draft, order for payment or any other means of payment. The treasurer shall also refuse to accept checks, drafts, orders for payment or any other means of payment from anyone who has twice given these forms of payment to the town within a period of two years.
(Ord. of 3-10-11(1); Ord. of 5-21-18)
Editor's note— An ordinance adopted May 21, 2018, changed the title of § 38-5 from "Bad checks" to read as herein set out.
State Law reference— Similar provisions, Code of Virginia, § 15.2-106, Virginia Code section 2.2-614.1.
Sec. 38-26. - Trespass on public places.#
It shall be unlawful for any person to trespass by entering upon any public place in violation of posted signs exhibited at prominent locations upon the property. Posted signs shall state the periods of time when trespassing is prohibited.
(Ord. of 6-17-86, § 14-34.1)
State Law reference— Trespass to realty, Code of Virginia, § 18.2-119 et seq.
Sec. 38-46. - Discharge of firearms.#
(a) Unlawful; exceptions. Pursuant to Code of Virginia, § 15.1-865, and except as allowed in subsections (b), (c) and (d) of this section, it shall be unlawful for any person to discharge or cause to be discharged any firearm, including airguns, BB guns or similar devices projecting lead or any missiles, all of which are hereby defined as firearms in the town. Such offense shall be punishable as a class 2 misdemeanor.
(b) Discharge by law enforcement, game, or animal control officers. This section shall not be construed to prohibit any law enforcement officer, game warden or animal control officer from discharging a firearm in the proper performance of his duty, nor to any citizen from discharging a firearm when lawfully defending person or property.
(c) Permit issued to residents for control of birds, animals or rodents; contents of application. Upon application to the chief of police a permit may be issued to a town resident to discharge a firearm if necessary to control birds, animals or rodents which are creating a nuisance or causing damage to property. The application shall set forth the location from which the firearm shall be discharged; the direction in which the firearm will be discharged; the identity of all objects, structures, children's play areas, schools, etc., within striking distance of the shells; the size and type of the shells to be used; the animal, bird or rodent to be killed; and the times that shooting will be conducted. The applicant shall be required to provide prompt notice to the occupants of the property immediately adjoining and across the street from applicant's property as to the issuance of the permit and the general times as to when shooting will take place. No permit shall be issued for less than a two nor more than a four-week period at a time. The permit shall specify the type of firearms and ammunition to be used. If the application on its face presents a case of probable nuisance or probable damage to property by the animal, birds or rodents, then the chief of police may consult with game wardens, animal control officers or other law enforcement officers to determine if some other method of removing the animals, birds or rodents is practical. If there is, then no permit shall issue. If there is not, then the chief of police in his discretion may or may not issue the permit after evaluating all of the information before him. No permit shall issue until the applicant has demonstrated to the satisfaction of the chief of police that he has a homeowner's or other policy of insurance that will pay damages to adjoining property owners, and passersby for damage to person or property due to the negligence of applicant, his agents or servants. Such insurance shall be in the amount of $100,000.00.
(d) Use of shotguns and rifles of less than .23 caliber and bows and arrows. The use of shotguns and rifles of less than .23 caliber and bows and arrows to hunt in compliance with state law shall be permitted on tracts of land of 50 acres or more, in agricultural zones.§ No person shall shoot a compound bow or crossbow at or upon the property of another without permission.§
(Ord. of 4-19-93)
Sec. 38-47. - Archery hunting season.#
Archery deer hunting is permitted within town limits by licensed hunters during an approved Virginia Department of Game and Inland Fisheries Urban Archery Season. In addition to the urban archery season, archery deer hunting is also allowed during the early archery dear season, the general firearms deer season, and the late archery deer season. Licensed archer deer hunters must abide by all applicable sections of the Virginia State Code and Virginia Hunting Regulations (including bag limits and tagging/checking requirements). It shall be unlawful and a Class 1 misdemeanor for any person, while hunting deer during the town's archery season, to violate any of the following provisions of this section:
(1) Geographic areas. The discharge of archery equipment for the taking of deer inside the town boundaries may occur on parcels of private property which in combination total three or more acres with written permission from the property owners§, subject to the requirements of this section and state hunting laws.
(2) Elevated stands. The discharge of archery equipment for the taking of deer shall only be from stands elevated not less than ten feet above the level of surrounding land§, except that in the residential-suburban district, the discharge of said archery equipment by property owners may be from such elevated locations and at such elevated heights as are approved by the town manager.§ Otherwise, the discharge of archery equipment shall be prohibited, provided however, that any disabled hunter unable to hunt from a platform must comply with all regulations established by the Virginal Department of Game and Inland Fisheries.
(3) Proximity to structures and streets. No person shall discharge a bow within 100 yards of any dwelling, building, street, sidewalk, alley or roadway.§ No person shall discharge a bow from over or across any street, sidewalk, alley roadway, or public land or public place above or toward any structure or dwelling in such a manner that an arrow may strike it.
(4) Permission. Hunters shall have obtained written permission from the property owner before hunting.§ The person shall carry the written permission from the property owner with him at all times while engaged in the taking of deer with archery equipment. Hunting is not permitted on town property.
(5) Hunting provisions.
a. Pursuit of an injured or wounded deer shall not be permitted upon the land of neighboring landowners unless the hunter shall first obtain permission from the landowner.
b. No person shall hunt deer within the town limits by use of a dog or dogs.§
c. Deer carcasses must be disposed of promptly.
(Ord. of 6-21-10(2))
Sec. 38-48. - [Code of Virginia] section 29.1-527.2. Ordinance—Localities may prohibit feeding of deer.#
(a) It shall be unlawful for any person to place, distribute, or allow the placement of food, salt, minerals, or similar substances to feed or attract deer at any time in the Town of Blackstone.
(b) Upon written notification by an official agent of the Town of Blackstone or Virginia Department of Game and Inland Fisheries no person shall continue to place, distribute, or allow the placement of food, salt, mineral, or similar substances for any purpose if the placement of these materials results in the attraction of and/or feeding of deer. After such notification, such person shall be in violation of this section if the placing, distribution, or presence of such food, salt, minerals, or similar substances continues.
(c) No part of this section shall be construed to restrict agricultural, commercial, noncommercial, or residential plantings (including wildlife food plots); bona fide distribution of food to livestock; or wildlife management activities conducted or authorized by the department of game and inland fisheries. This section shall not limit the authority of the board of the department of game and inland fisheries to regulate feeding of wildlife consistent with title 29.1, chapter 5 of the Code of Virginia.
(Ord. of 2-25-19)
Sec. 38-49. - Construction, installation and maintenance of certain fuel-burning equipment and the emission of smoke and gases therefrom.#
(a) Purpose. This section is intended to promote the health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the Town of Blackstone citizens due to air pollution and fire hazards of outdoor fired furnace burning.
This section shall regulate the construction, installation, maintenance and use of outdoor fired furnace equipment located in the Town of Blackstone which is designed and intended to be used for the generation of heat to be supplied to an occupied structure or other enclosed structure which it serves.
(b) Applicability. This section applies to all residential outdoor burning and refuse burning by outdoor fired furnaces in the Town of Blackstone. This section does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances, burning in an indoor stove, furnace, fireplace or other heating device, within a building used for human or animal habitation, or the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating.
(c) Definitions:
(1) Occupied structure includes any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used for human habitation. The term "occupied structure" also includes any enclosed structure used as businesses, schools, hotels, motels, churches and any other enclosed structure. "occupied structure" shall include structures used for public or private purposes. For the purposes of this section, the term "occupied structure" does not include unattached garages, outbuildings or sheds.
(2) Outdoor fired furnace means a fired furnace, stove or boiler that is not located within a building intended for human habitation.
(3) EPA HH Phase 2/CSA b.415 includes and incorporates any future amendments that may be made to such standards.
(d) Outdoor fired furnace. An outdoor fired furnace may be installed and operated after the date this ordinance [from which this section derives] is effective in the Town of Blackstone only in accordance with the following provisions:
(1) The outdoor fired furnace shall be EPA HH Phase 2/CSA b.415 certified and compliant.§
(2) The outdoor fired furnace shall be located in compliance with side, rear and front setbacks required by the Town of Blackstone's zoning ordinance.§
(3) All outdoor fired furnaces shall be at a minimum 50 feet to the nearest occupied structure not served by the furnace.§
(e) Outdoor fired furnaces, generally.
(1) No outdoor fired furnace shall be hereafter constructed or installed in the Town of Blackstone unless the owner thereof shall have obtained from the zoning administrator a zoning permit for the same.§
(2) Appeals shall be to Blackstone Town Council.
(f) Penalty. A violation of this section shall be punishable as a Class 4 misdemeanor and punishable by up to but not more than $250.00. Each day a violation shall continue shall constitute a separate offense.
(Ord. of 10-15-12(1), §§ 1—4, 6, 7)
Sec. 38-66. - Disorderly conduct in public meetings.#
If any person behaves in a riotous or disorderly manner in any public meeting of the town council or any division, agency or authority thereof, or causes any unnecessary disturbance therein, by force, shouting or any other action calculated to disrupt such meeting, or shall refuse to obey any ruling of the presiding officer of such meeting relative to the orderly process thereof, he shall be guilty of a misdemeanor.
(Code 1971, § 14-9)
Cross reference— Council, § 2-26 et seq.
State Law reference— Disorderly conduct in public places, Code of Virginia, § 18.2-415.
Sec. 38-67. - Mufflers.#
No engine, whether operated as a stationary engine, or on an automobile, motorcycle or for any other purpose, shall be used within the corporate limits without an efficient muffler thereon.
(Code 1971, § 14-23)
Cross reference— Traffic and vehicles, ch. 58.
State Law reference— Motor vehicle exhaust system in good working order, Code of Virginia, § 46.2-1049.