Chapter 17 - Town of Christiansburg

Chapter 17 - Town of Christiansburg
Chapter 17
OFFENSES--MISCELLANEOUS*
---------*Cross reference(s)--False and misleading signs, § 3-81 et seq.; cruelty to animals, § 59; disturbances by dogs, § 5-39; nuisances, Ch. 16; impersonating law enforcement officer, § 18-5
et seq.; discarding or abandoning refrigerators, etc., § 24-111.
State law reference(s)--Crimes and offenses generally, Code of Virginia, § 18.2-1 et seq.
---------Article I. In General
Sec. 17-1. Adultery and fornication.
Sec. 17-2. Assault and battery.
Sec. 17-3. Begging.
Sec. 17-4. Dancehalls; operation within 200 feet of church or occupied residence.
Sec. 17-5. Disorderly conduct--Generally.
Sec. 17-6. Same--At public meeting of Town Council, etc.
Sec. 17-7. Disorderly houses.
Sec. 17-8. Disturbing religious worship.
Sec. 17-9. Disturbing schools, literary societies, etc.
Sec. 17-10. Pneumatic guns; discharging, penalty.
Sec. 17-11. Keeping, residing in or frequenting a bawdy place; ''bawdy place'' defined.
Sec. 17-12. Loitering.
Sec. 17-13. Minors; curfew.
Sec. 17-14. Obstructing flow of streams, creeks, etc.
Sec. 17-15. Obstructing free passage of others.
Sec. 17-16. Obstructing justice by threats or force.
Sec. 17-17. Peeping or spying into structure occupied as dwelling.
Sec. 17-18. Petit larceny.
Sec. 17-19. Profane swearing and intoxication in public; penalty; transportation of public
inebriates to detoxification center.
Sec. 17-20. Profane, threatening or indecent language over public airways.
Sec. 17-21. Property--Injuring, destroying, etc.
Sec. 17-22. Same--Marking on buildings, walls, fences, etc.
Sec. 17-23. Soliciting subscriptions, contributions and funds.
Sec. 17-24. Weapons--Carrying concealed.
Sec. 17-25. Same--Willfully discharging firearms in public places.
Sec. 17-26. Discharge and storage of firearms; penalty.
Sec. 17-27. Archery, urban archery, discharge of bows; exemptions, penalty.
Secs. 17-28--17-50. Reserved.
Article II. Gambling
Division 1. Generally
Sec. 17-51. Definitions.
Sec. 17-52. Penalty for illegal gambling generally.
Sec. 17-53. Illegal possession, etc., of gambling device; penalty.
Sec. 17-54. Owner, etc., of gambling place permitting its continuance; penalty.
Sec. 17-55. Accessories to gambling activity; penalty.
Division 2. Bingo Games; Raffles
Sec. 17-56. Definitions.
Sec. 17-57. Annual permit required; application fee; form of application.
Sec. 17-58. Local control of management and operation.
Sec. 17-59. Requirement for issuance of permit; where valid; duration; permits subject to local
regulation.
Sec. 17-60. Frequency and conduct of bingo games.
Sec. 17-61. Instant bingo.
Sec. 17-62. Reports of gross receipts and disbursements required; form of reports; failure to file;
certificate of compliance; right-of-entry upon premises; records; independent accounting
procedure.
Sec. 17-63. Audit of reports; fee.
Sec. 17-64. Local ordinances.
Sec. 17-65. Prohibited practices.
Sec. 17-66. Denial, suspension or revocation of permit; penalties.
Sec. 17-67. Enforcement of division; injunctive relief.
Sec. 17-68. Hearings and appeals.
Sec. 17-69. Joint operation of bingo games; restrictions; special permit required.
Sec. 17-70. Only raffles, bingo and instant bingo games permitted.
Secs. 17-71--17-79. Reserved.
Article III. Regulation of Noise
Sec. 17-80. Short title and application of Article generally.
Sec. 17-81. Declaration of policy.
Sec. 17-82. Administration and enforcement.
Sec. 17-83. Definitions.
Sec. 17-84. Loud noises prohibited.
Sec. 17-85. Exemptions from this Article.
Sec. 17-86. Penalties.
Sec. 17-87. Undue hardship waiver.
Sec. 17-88. Other remedies.
Secs. 17-89--17-99. Reserved.
Article IV. False Alarms
Sec. 17-100.
Sec. 17-101.
Sec. 17-102.
Sec. 17-103.
Sec. 17-104.
Sec. 17-105.
Sec. 17-106.
Sec. 17-107.
Sec. 17-108.
Purpose.
Definitions.
Alarm system user registration and permits.
Duties of alarm system users.
Duties of alarm company operators.
Service charges for false alarms.
Failure to pay service charges; revocation of alarm permit.
Appeals.
Penalty and interest.
ARTICLE I. IN GENERAL
Sec. 17-1. Adultery and fornication.
(a) Any person, not being married, who voluntarily shall have sexual intercourse with any
other person shall be guilty of fornication, punishable as a class 4 misdemeanor.
(b) Any person, being married, who voluntarily shall have sexual intercourse with any
person not his spouse shall be guilty of adultery, punishable as a class 4 misdemeanor.
(c) Any person who commits adultery or fornication with any person whom he is
forbidden by law to marry shall be guilty of a class 1 misdemeanor; this section shall not apply to
any act that constitutes a felony under State law.
(Code 1972, § 21-2)
State law reference(s)--Fornication, Code of Virginia, § 18.2-344; adultery, Code of
Virginia, § 18.2-365; adultery and fornication by persons forbidden to marry, Code of Virginia, §
18.2-366.
Sec. 17-2. Assault and battery.
It shall be unlawful for any person to commit a simple assault or battery within the Town.
(Code 1972, § 21-3)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-57.
Sec. 17-3. Begging.
It shall be unlawful for any person to beg within the Town or to stay in and upon any
streets or other places within the Town to beg, or to stay upon the streets or other places in the
Town for the purpose of begging after he has been notified to desist therefrom.
(Code 1972, § 21-4)
Charter reference(s)--Restraining of street beggars, § 7.03.
Sec. 17-4. Dancehalls; operation within 200 feet of church or occupied residence.
It shall be unlawful for any person to operate a public dancehall in the Town within 200
feet of any church or occupied residence.
(Code 1972, § 21-5)
Cross reference(s)--Food establishments, § 14-31 et seq.
State law reference(s)--Regulation of public dancehalls, Code of Virginia, § 18.2-433.
Sec. 17-5. Disorderly conduct--Generally.
(a) Any person who shall do or engage in any of the following shall be guilty of
disorderly conduct:
(1)
Any person who shall act in a violent or tumultuous manner toward
another, whereby any person is placed in fear of safety of his life, limb or health.
(2)
Any person who shall act in a violent or tumultuous manner toward
another, whereby public property or property of any other person is placed in
danger of being destroyed or damaged.
(3)
Any person who shall endanger lawful pursuits of another by acts of
violence, angry threats and abusive conduct.
(4)
Any person who shall cause, provoke or engage in any fight, brawl or
riotous conduct so as to endanger the life, limb, health or property of another or
public property.
(5)
Any person who shall assemble or congregate with another or others for
the purpose of causing, provoking or engaging in any fight or brawl.
(6)
Any person who shall be found jostling or roughly crowding or pushing
any person in any public place.
(7)
Any person who shall collect in bodies or in crowds for unlawful
purposes.
(8)
Any person who shall assemble or congregate with another or others for
the purpose of or with the intent to engage in gaming.
(9)
Any person who shall frequent any public place with intent to obtain
money from another by an illegal and fraudulent scheme, trick, artifice or device.
(10)
Any person who assembles with another or others for the purpose of
engaging in any fraudulent scheme, device or trick to obtain any valuable thing in
any place or from any person in the Town, or who shall aid or abet therein.
(11)
Any person who utters, while in a state of anger, in the presence of
another, any lewd or obscene words or epithets.
(12)
Any person who frequents any place where gaming or the illegal sale or
possession of alcoholic beverages or narcotics or dangerous drugs is practiced,
allowed or tolerated.
(13)
Any person who shall act in a dangerous manner toward others.
(14)
Any person who shall use ''fighting words'' directed towards any person
who becomes outraged and thus creates turmoil.
(15)
Any person who shall assemble or congregate with another or others for
the purpose of doing bodily harm to another.
(16)
Any person who shall, by acts of violence, interfere with another's
pursuit of a lawful occupation.
(17)
Any person who shall congregate with another or others in or on any
public way so as to halt the flow of vehicular or pedestrian traffic and refuses to
clear such public way when ordered to do so by a peace officer or other person
having authority.
(18)
Any person who makes any unreasonably loud and unnecessary noise.
(19)
Any person who damages, befouls or disturbs public property or the
property of another so as to create a hazardous, unhealthy or physically offensive
condition.
(b) Any person convicted of disorderly conduct, as defined in this section, shall be
punished as provided in Section 1-6.
(Code 1972, § 21-6)
State law reference(s)--Disorderly conduct, Code of Virginia, § 18.2-415.
Sec. 17-6. Same--At public meeting of Town Council, etc.
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 class 1 misdemeanor and punished as provided in Section 1-6.
(Code 1972, § 21-7)
Cross reference(s)--Town Council, § 2-31 et seq.
Sec. 17-7. Disorderly houses.
Any person who shall keep a disorderly house to the annoyance or disturbance of any of
the citizens of the Town shall be guilty of a class 1 misdemeanor.
(Code 1972, § 21-8)
Sec. 17-8. Disturbing religious worship.
It shall be unlawful for any person willfully to interrupt or disturb any assembly met for
the worship of God.
(Code 1972, § 21-9)
Sec. 17-9. Disturbing schools, literary societies, etc.
If any person willfully interrupts, molests or disturbs the exercise of any free school or
any other school or of any literary society or, being intoxicated, disturbs the same, whether
willfully or not, he shall be punished as provided in Section 1-6.
(Code 1972, § 21-10)
Sec. 17-10. Pneumatic guns; discharging, penalty.
A. Any person who shall anywhere in the Town discharge any shot, stone, gravel, BB,
pellet, paintball or similar object from a pneumatic gun or similar implement, except as
authorized by this ordinance, shall be guilty of a class 3 misdemeanor punishable as provided in
Section 1-6.
B. For the purpose of this Section, “pneumatic gun” means any implement designed as a
gun that will expel a BB, pellet, paintball, or similar object by action of pneumatic pressure.
C. Pneumatic guns may be used at facilities approved for shooting ranges or paintball
courses, on other property where pneumatic guns may be discharged lawfully, or on or within
private property with permission of the owner or legal possessor. Commercial operation of
shooting ranges, paintball courses, and similar forms of public amusement utilizing pneumatic
guns shall comply with Chapter 30 “Zoning” in terms of commercial use as an amusement center.
D. Use of pneumatic guns must be conducted with reasonable care to prevent a projectile
from crossing the bounds of the property. "Reasonable care" means that the pneumatic gun is
being discharged so that the projectile will be contained on the property by a backstop, earthen
embankment, or fence. The discharge of projectiles across or over the bounds of the property
shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with
reasonable care.
E. Minors may use such implements only under the following conditions:
1. Minors under the age of 16 must be supervised by a parent, guardian, or other adult
supervisor approved by a parent or guardian and shall be responsible for obeying all laws,
regulations, and restrictions governing the use thereof.
2. Minors 16-18 years of age must have the written or verbal consent of a parent or
guardian and shall be responsible for obeying all laws, regulations and restrictions
governing the use thereof.
(Code 1972, § 21-13; Ord. 2003-7 of 9-2-03; Ord. 2011-7 of 12-20-11)
State law reference(s)--Pneumatic guns, Code of Virginia, § 15.2-915.4.
Sec. 17-11. Keeping, residing in or frequenting a bawdy place; ''bawdy place'' defined.
(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 such 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, ''bawdy place'' means any place within or without any building
or structure which is used or is to be used for lewdness, assignation or prostitution.
(Code 1972, § 21-14)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-347.
Sec. 17-12. Loitering.
(a) Definitions. As used in this section:
Loitering means remaining idle in essentially one location and includes the concept of
spending time idly; being dilatory; lingering; staying; sauntering; delaying; or standing around; or
occupying a parked vehicle in a public parking lot or street spending time idly; and shall also
include the colloquial expression ''hanging around.''
Public place means any place to which the general public has access and a right to resort
for business, entertainment or other lawful purpose but does not necessarily mean a place denoted
solely to the use of the public. It shall also include the front or immediate area of any store, shop,
restaurant, tavern or other place of business and public grounds, areas or parks.
(b) Violations and penalties.
(1)
It shall be unlawful for any person to loiter, loaf, wander, stand or remain
idle, either alone or in consort with others in a public place in such manner so as
to:
a.
Obstruct any public street, public highway, public
sidewalk or any other public place or building by hindering or impeding
or tending to hinder or impede the free and uninterrupted passage of
vehicles, traffic or pedestrians.
b.
Commit in or upon any public street, public highway,
public sidewalk or any other public place or building any act or thing
which is or tends to be an obstruction or interference to the free and
uninterrupted use of property or with any business lawfully conducted in
or upon or facing or fronting on any such public street, public highway,
public sidewalk or any other public place or building, which prevents or
tends to prevent the free and uninterrupted ingress, egress and regress
therein, thereon and thereto.
(2)
When and if any person causes or commits any of the conditions herein
enumerated and prescribed and is ordered by a police officer or any law
enforcement officer to cease or stop causing or committing such conditions and
to move on or disperse, and he fails or refuses to do so, he shall be guilty of a
violation of this section.
(3)
Any person who violates any of the provisions of this section shall be
guilty of a class 2 misdemeanor.
(Ord. of 8-31-86, § 21-15)
Cross reference(s)--Streets and sidewalks, Ch. 25; traffic and motor vehicles, Ch. 28.
Sec. 17-13. Minors; curfew.
(a) It shall be unlawful for any parent, guardian or other adult person having the care,
custody or control of any minor under the age of 15 years to permit, allow or encourage such
minor to become a loiterer or to remain on any street, road, avenue, alley, park or other public
place in the Town between the hours of 10:00 p.m. and daylight of the following day, unless
accompanied by such parent, guardian or other adult person.
(b) It shall be unlawful for the proprietor, manager or other adult person having charge or
control of any public place to permit, allow or encourage any minor under the age of 15 years to
become a loiterer or to remain in or around such place between the hours of 10:00 p.m. and
daylight of the following day, unless accompanied by the parent, guardian or other adult person
having the care, custody or control of such minor.
(c) It shall be unlawful for any minor under the age of 15 years to loiter or remain on any
street, road, avenue, alley, park or other public place in the Town between the hours of 10:00 p.m.
and daylight of the following day, unless accompanied by the parent, guardian or other adult
person having the care, custody or control of such minor.
(d) Whenever any police or other officer charged with the duty of enforcing the laws of
the state, the provisions of this Code or other ordinances of the Town shall discover or shall have
his attention called to the fact that any minor under the age of 15 years is on any street, road,
avenue, alley, park or other public place in the Town or is in any vehicle parked thereon between
the hours of 10:00 p.m. and daylight of the following day, and such minor is not accompanied by
his parent, guardian or other adult person having the care, custody or control of such minor, such
officer shall make an immediate investigation for the purpose of ascertaining whether or not the
presence of such minor on such street, road, avenue, alley, park or other public place or in any
vehicle parked thereon is in violation of the provisions of this section. If such investigation
reveals that the presence of such minor on such street, road, avenue, alley, park or other public
place or in such vehicle is in violation of the provisions of this section, then such officer shall
cause such minor to be taken to the home or place of residence of such minor, and such minor and
the parent, guardian or other adult person having the care, custody or control of such minor may
be summoned to appear to be dealt with according with the provisions of subsections (a) and (c).
(e) If such officer cannot contact a relative or other adult person having control over such
minor and if after such investigation such officer shall have cause to believe that the actions of
such minor are such as to constitute such minor a delinquent, dependent or neglected child, and if
such minor cannot contact a relative bearing a good reputation or other person of good repute to
exercise legal authority over such minor, then such officer shall place such minor in the custody
of the jailor to be held and dealt with by the Judge of the Juvenile and Domestic Relations District
Court in the manner prescribed by law.
(Code 1972, § 21-16)
Cross reference(s)--Streets and sidewalks, Ch. 25.
Sec. 17-14. Obstructing flow of streams, creeks, etc.
It shall be unlawful for any person who is the owner, lessee or proprietor of any premises
in the Town through which flows any branch, stream or creek to allow anything or any substance
of any kind to be or remain at any time in the branch, stream or creek or any part of the area or
bed of such branch, stream or creek that interferes with or prevents, in whole or in part, the free
and unobstructed flow of the water of the stream, whether the obstruction is in the open or under
any building on the premises.
(Code 1972, § 21-18)
Sec. 17-15. Obstructing free passage of others.
Any person who in any public place or on any private property open to the public
unreasonably or unnecessarily obstructs the free passage of other persons to and from or within
such public place or private property and who shall fail or refuse to cease such obstruction or
move on when requested to do so by the owner or the lessee, agent, or employee of such owner or
lessee or by a duly authorized law enforcement officer shall be guilty of a class 1 misdemeanor
and punished as provided in Section 1-6. Nothing in this section shall be construed to prohibit
lawful picketing.
(Code 1972, § 21-19)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-404.
Sec. 17-16. Obstructing justice by threats or force.
If any person, by threats or force, knowingly attempts to intimidate or impede a judge,
magistrate, justice, juror, 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.
(Code 1972, § 21-20)
Sec. 17-17. Peeping or spying into structure occupied as dwelling.
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, 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 is permanently
situated or transportable and whether or not such occupancy is permanent or temporary, such
person shall be guilty of a class 1 misdemeanor.
(Code 1972, § 21-21)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-130.
Sec. 17-18. Petit larceny.
Any person who:
(1)
Commits larceny from the person of another of money or other thing of
value of less than $5.00; or
(2)
Commits simple larceny not from the person of another of goods and
chattels of the value of less than $200.00;
shall be deemed guilty of petit larceny, which shall be punishable as a class 1 misdemeanor.
(Code 1972, § 21-22)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-96.
Sec. 17-19. Profane swearing and intoxication in public; penalty; transportation of public
inebriates to detoxification center.
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 courtapproved 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.
(Code 1972, § 21-23)
Cross reference(s)--Alcoholic beverages, Ch. 4.
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-388.
Sec. 17-20. Profane, threatening or indecent language over public airways.
(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 or
citizens band radio, in this Town, he shall be guilty of a class 1 misdemeanor.
(b) It shall be the duty of each telephone company in the State to furnish immediately in
response to a subpoena issued by a court of record 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. Any telephone company or any
officer or employee thereof who shall fail or refuse to furnish such information when so requested
shall be guilty of a class 4 misdemeanor.
(Code 1972, § 21-1)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-427; duties of
telephone companies to furnish certain information, Code of Virginia, § 18.2-431.
Sec. 17-21. Property--Injuring, destroying, etc.
If any person unlawfully destroys, defaces, damages or removes without the intent to
steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or
removes without the intent to steal, any monument erected for the purpose of marking the site of
any engagement fought during the War between the States, or for the purpose of designating the
boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty
of a class 1 misdemeanor if the value of or damage to the property or monument is less than
$1,000.00. The amount of loss caused by the destruction, defacing, damage or removal of such
property or monument may be established by proof of the fair market cost of repair or fair market
replacement value.
(Code 1972, § 21-24)
State law reference(s)--Injuring, etc., any property, monument, etc., Code of Virginia, §
18.2-137.
Sec. 17-22. Same--Marking on buildings, walls, fences, etc.
No person shall mark or brand any signs, letters or characters upon a building, wall, fence
or other property of another person without first obtaining the consent of the owner of such
property.
(Code 1972, § 21-25)
Sec. 17-23. Soliciting subscriptions, contributions and funds.
(a) It shall be unlawful for any person to solicit subscriptions, contributions and funds for
any cause or thing within the corporate limits of the Town without first obtaining a written permit
from the Town Manager. The granting of the permit shall be subject to the applicant submitting
an application to the Town Manager not less than 48 hours prior to the time and date for which a
permit is sought, which application shall contain the following information:
(1)
The names, ages and complete addresses of all persons who will solicit,
and the specific local address of the person who shall be responsible for the
group or individual solicitation program.
(2)
The name or description of the individuals, firms, businesses,
institutions, clubs, societies or organizations which each solicitor represents.
(3)
The specific area of the Town which is to be solicited and for which the
permit is sought.
(4)
The total number of persons who will be participating in the solicitation.
(5)
The dates and hours in which the participants will be engaged in
soliciting.
(6)
The state registration and license number of any vehicle to be used in the
solicitation or travel for the solicitors within the corporate limits.
(b) The Town Manager shall make or cause to be made an investigation of the application
and shall have the right to refuse to grant the permit to any person filing the same wherein he
determines that any one of the following causes for rejection exists:
(1)
The purpose for which the solicitation is being made will constitute a
nuisance.
(2)
Any one of the persons named has a criminal record involving petit
larceny, larceny or a crime involving moral turpitude.
(3)
The purpose for the solicitation requires a business license.
(4)
The date for which the permit is sought constitutes a legal holiday or
Sunday.
(5)
The total number of persons participating will constitute a nuisance.
(6)
There is inadequate police protection in the area proposed to be solicited.
(7)
Any person whose name appears on the application has previously been
denied a permit or has had the same revoked for any cause herein provided.
(8)
An investigation of the application by the Town Manager discloses false
or incomplete information required therein.
(c) The Town Manager shall have the right to revoke a permit granted to any person upon
a determination that he is in violation of any of the terms and conditions set forth in the permit.
(Code 1972, § 21-26)
State law reference(s)--Solicitation of contributions, Code of Virginia, § 57-48 et seq.
Sec. 17-24. Weapons--Carrying concealed.
(a) If any person carries about his person, hid from common observation, any pistol, dirk,
bowie knife, switchblade knife, razor, slingshot, metal knucks or any weapon of like kind, he
shall, upon conviction thereof, be guilty of a class 1 misdemeanor, and such pistol, dirk, bowie
knife, switchblade knife, razor, slingshot, metal knucks or weapon of like kind shall, by order of
the court, be forfeited to the Commonwealth and may be seized by an officer as forfeited, and
such as may be needed for police officers and conservators of the peace shall be devoted to that
purpose, and the remainder shall be destroyed by the officer having them in charge.
(b) This section shall not apply to:
(1)
Any person while in his own place of abode or the curtilage thereof.
(2)
Any police officers, sergeants, sheriffs, deputy sheriffs or regular game
wardens appointed pursuant to Code of Virginia, Title 29.1, Chapter 2 (§ 29.1200 et seq.).
(3)
Any regularly enrolled member of a target shooting organization who is
at, or going to or from, an established shooting range; provided, that the weapons
are unloaded and securely wrapped while being transported.
(4)
Any regularly enrolled member of a weapons collecting organization
who is at, or going to or from, a bona fide weapons exhibition; provided, that the
weapons are unloaded and securely wrapped while being transported.
(5)
Any person carrying such weapons between his place of abode and a
place of purchase or repair; provided, that the weapons are unloaded and securely
wrapped while being transported.
(c) This section shall also not apply to any of the following individuals while in the
discharge of their official duties, or while in transit to or from such duties:
(1)
Carriers of the United States mail in rural districts.
(2)
Officers or guards of any state correctional institution.
(3)
Campus police officers appointed pursuant to Code of Virginia, Title 23,
Chapter 17 (§ 23-232 et seq.).
(4)
Conservators of the peace; except, that the following conservators of the
peace shall not be permitted to carry a concealed weapon without obtaining a
permit as provided in Code of Virginia, § 18.2-308(D):
a.
Notaries public;
b.
Registrars;
c.
Drivers, operators or other persons in charge of any
motor vehicle carrier of passengers for hire;
d.
Commissioners in chancery.
(5)
Noncustodial employees of the State Department of Corrections
designated to carry weapons by the Secretary of Public Safety or the Director of
the Department of Corrections pursuant to Code of Virginia, § 53.1-29.
(Code 1972, § 21-27)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-308.
Sec. 17-25. Same--Willfully discharging firearms in public places.
If any person shall willfully discharge or cause to be discharged any firearm in any street
in the Town, or in any place of public business or place of public gathering, he shall be guilty of a
class 1 misdemeanor, punishable as provided in Code of Virginia, § 18.2-11; provided, that this
section shall not apply to any law enforcement officer in the performance of his official duties or
to any other person whose such willful act is otherwise justifiable or excusable at law in the
protection of his life or property, or is otherwise specifically authorized by law.
(Code 1972, § 21-28)
Cross reference(s)--Streets and sidewalks, Ch. 25.
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-280.
Sec. 17-26. Discharge and storage of firearms; penalty.
A. Any person who shall willfully discharge or cause to be discharged any firearm or similar
implement within the corporate limits of the Town or in a manner to cause any bullet, shot, or
similar object to travel through the corporate limits of the Town by discharge of a firearm shall be
guilty of a class 1 misdemeanor, punishable as provided in Section 1-6; provided, that this
provision shall not apply to the following:
1. Discharge of a firearm by any law enforcement officer in the performance of official
duties
2. Discharge of a firearm by any person whose such willful act is otherwise justifiable or
excusable at law in the protection of life or property
3. Discharge of a firearm in association with the commercial operation of an indoor firearms
shooting range provided the indoor firearms shooting range complies with Chapter 30
“Zoning” in terms of commercial use as an indoor shooting range. Reasonable care shall
be given to ensure any bullet, shot or other discharge from firearms do not cross property
lines in regards to deer hunting on parcels of five acres or more with permission of the
property owner in the Agricultural Zoning District.
4. Deer hunting on parcels of five acres or more with permission of the property owner in
the Agricultural Zoning District. Reasonable care shall be given to ensure bullets, shot or
other discharge from firearms do not cross property lines in regards to deer hunting on
parcels of five acres or more with permission of the property owner in the Agricultural
Zoning District.
5. Any discharge of a firearm that is otherwise specifically authorized by law.
B. For the purpose of this Section, "firearm" means any weapon that will or is designed to or may
readily be converted to expel single or multiple projectiles by the action of an explosion of a
combustible material; or the frame or receiver of any such weapon.
C. Discharge of a firearm in conjunction with deer hunting must be conducted with reasonable
care to prevent a projectile from crossing the bounds of the property. "Reasonable care" in terms
of deer hunting means that the firearm is being discharged so that the projectile will be contained
on the property by a backstop, earthen embankment, or fence. "Reasonable care" in terms of the
operation of a commercial indoor firearms shooting range means that the firearm is being
discharged so that the projectile(s) will be contained in the building housing the indoor firearms
shooting range. The discharge of a firearm causing projectile(s) to cross over the bounds of the
property for deer hunting or the discharge of a firearm causing the projectile(s) to exit outside of
the building for indoor firearms shooting ranges shall create the rebuttable presumption that the
use of the firearm was not conducted with reasonable care.
D. Minors may discharge firearms and similar implements only under the following conditions:
1. Minors under the age of 16 must be supervised by a parent, guardian, or other adult
supervisor approved by a parent or guardian and shall be responsible for obeying all laws,
regulations, and restrictions governing the use thereof.
2. Minors 16-18 years of age must have the written or verbal consent of a parent or guardian
and shall be responsible for obeying all laws, regulations and restrictions governing the
use thereof.
E. The Fire Chief/Fire Marshall and the Building Official shall have the authority to regulate the
storage of firearms, ammunition, and ammunition supplies including gunpowder or other
explosives.
(Ord. 2011-7 of 12-20-11)
Sec. 17-27. Archery, urban archery, discharge of bows; exemptions; penalty.
A.
For the purpose of this Section, “bow” means any implement designed as a weapon that
will expel an arrow, crossbow quarrel, bolt, or similar object by action of elastic energy or
tension pressure.
B.
Any person who shall willfully discharge or cause to be discharged any bow or similar
implement within the corporate limits of the Town or in a manner to cause any arrow,
crossbow quarrel, bolt, or similar object to travel through the corporate limits of the Town
by discharge of a bow shall be guilty of a class 3 misdemeanor, punishable as provided in
Section 1-6; provided, that this provision shall not apply to the following when performed
with reasonable care in accordance with paragraph C below:
1.
Discharge of a bow by any law enforcement officer in the performance of
official duties
2.
Discharge of a bow by any person whose such willful act is otherwise
justifiable or excusable at law in the protection of life or property
3.
Discharge of a bow in association with the commercial operation of an indoor
or outdoor shooting range provided the indoor or outdoor shooting range complies
with Chapter 30 “Zoning” in terms of commercial use as an indoor or outdoor
shooting range.
4.
Discharge of a bow on or within private property with permission of the
property owner or legal possessor.
5.
Any discharge of a bow that is otherwise specifically authorized by law.
6.
Subject to the provisions of this Section, discharging an arrow from a bow is
lawful for the purposes of deer hunting within the Town of Christiansburg limits
during Urban Archery Season, the Early Archery Season, the General Firearms Deer
season and during the Late Archery Season, as designated in regulations set forth by
the Virginia Department of Game and Inland Fisheries, under the following
conditions:
a.
Except for target shooting, discharge of archery equipment is
restricted to land consisting of three acres or more.
b.
Hunters must register with the Town Manager to hunt on Townowned property.
c.
Hunters must carry written permission from individual property
owners to hunt.
d.
Agreement must be made between the participant and landowner
in reference to field dress.
e.
No person shall discharge a bow from, over or across any street,
sidewalk, alley, roadway, or public land or public place within Town limits or
toward any building or dwelling in such a manner that an arrow may strike it.
f.
Except for target shooting or by a property owner on their own
personal property, archery equipment can only be discharged from an elevated
stand with a minimum height of 12 (twelve) feet.
g.
Hunters must dispose of deer carcasses appropriately. Carcasses
should be double bagged and taken to the local landfills.
h.
No person shall hunt deer within the Town by use of dog or
i.
Urban Archery Season is restricted to hunting antlerless deer
dogs.
only.
j.
Hunters must abide by all applicable sections of the Virginia
State Code and Virginia Hunting Regulations (including bag limits and
tagging/checking requirements).
C.
Discharge of a bow in conjunction with deer hunting or an indoor or outdoor shooting
range must be conducted with reasonable care to prevent a projectile from crossing the
bounds of the property. "Reasonable care" in terms of deer hunting or an outdoor shooting
range means that the bow is being discharged so that the projectile will be contained on the
property by a backstop, earthen embankment, or fence. "Reasonable care" in terms of the
operation of an indoor shooting range means that the bow is being discharged so that the
projectile(s) will be contained in the building housing the indoor shooting range. The
discharge of a bow causing projectile(s) to cross over the bounds of the property for deer
hunting or an outdoor shooting range or the discharge of a bow causing the projectile(s) to
exit outside of the building for an indoor shooting range shall create the rebuttable
presumption that the use of the bow was not conducted with reasonable care.
D.
Minors may use such implements only under the following conditions:
1.
Minors under the age of 16 must be supervised by a parent, guardian, or other
adult supervisor approved by a parent or guardian and shall be responsible for
obeying all laws, regulations, and restrictions governing the use thereof.
2.
Minors 16-18 years of age must have the written or verbal consent of a parent
or guardian and shall be responsible for obeying all laws, regulations and restrictions
governing the use thereof.
(Ord. 2011-7 of 12-20-11; Ord. 2013-4 of 3-19-13)
Secs. 17-28--17-50. Reserved.
ARTICLE II. GAMBLING*
---------*State law reference(s)--Gambling, Code of Virginia, § 18.2-325 et seq.
---------DIVISION 1. GENERALLY
Sec. 17-51. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Gambling device includes:
(1)
Any device, machine, paraphernalia, equipment, or other thing, including
books, records and other papers, which are actually used in an illegal gambling
operation or activity; and
(2)
Any machine, apparatus, implement, instrument, contrivance, board or
other thing, including but not limited to those dependent upon the insertion of a
coin or other object for their operation, which operates, either completely
automatically or with the aid of some physical act by the player or operator, in
such a manner that, depending upon elements of chance, it may eject something
of value or determine the prize or other thing of value to which the player is
entitled; provided, however, that the return to the user of nothing more than
additional chances or the right to use such machine is not deemed something of
value within the meaning of this subsection; and provided further, that machines
that only sell, or entitle the user to, items of merchandise of equivalent value that
may differ from each other in composition, size, shape or color, shall not be
deemed gambling devices within the meaning of this subsection.
Such devices are no less gambling devices if they indicate beforehand the definite result of one or
more operations but not all the operations. Nor are they any less a gambling device because,
apart from their use or adaptability as such, they may also sell or deliver something of value on a
basis other than chance.
Illegal gambling means the making, placing or receipt of any bet or wager in this Town
of money or other thing of value, made in exchange for a chance to win a prize, stake or other
consideration or thing of value, dependent upon the result of any game, contest or any other event
the outcome of which is uncertain or a matter of chance, whether such game, contest or event
occurs or is to occur inside or outside the limits of this Town, shall constitute illegal gambling.
Cross reference(s)--Definitions and rules of construction generally, § 1-2.
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-325.
Sec. 17-52. Penalty for illegal gambling generally.
Except as otherwise provided in this article or in Code of Virginia, §§ 18.2-325 through
18.2-340, any person who illegally gambles shall be guilty of a class 3 misdemeanor, punishable
as provided in Section 1-6. If an association or pool of persons illegally gambles, each person
therein shall be guilty of illegal gambling.
(Code 1972, § 14-1)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-326.
Sec. 17-53. Illegal possession, etc., of gambling device; penalty.
A person is guilty of illegal possession of a gambling device when he manufactures, sells,
transports, rents, gives away, places or possesses; or conducts or negotiates any transaction
affecting or designed to affect ownership, custody or use of any gambling device, believing or
having reason to believe that the same is to be used in the advancement of unlawful gambling
activity. Violation of any provision of this section shall constitute a class 1 misdemeanor,
punishable as provided in Section 1-6.
(Code 1972, § 14-2)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-331.
Sec. 17-54. Owner, etc., of gambling place permitting its continuance; penalty.
If the owner, lessee, tenant, occupant or other person in control of any place or
conveyance knows, or reasonably should know, that it is being used for illegal gambling and
permits such gambling to continue without having notified a law enforcement officer of the
presence of such illegal gambling activity, he shall be guilty of a class 1 misdemeanor.
(Code 1972, § 14-3)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-329.
Sec. 17-55. Accessories to gambling activity; penalty.
Any person, firm or association of persons, other than those persons specified in other
sections of this article, who knowingly aids, abets or assists in the operation of an illegal
gambling enterprise, activity or operation, shall be guilty of a class 1 misdemeanor.
(Code 1972, § 14-4)
State law reference(s)--Similar provisions, Code of Virginia, § 18.2-330.
DIVISION 2. BINGO GAMES; RAFFLES*
---------*Editor's note--An ordinance adopted September 7, 1993, amended Art. II, Div. 2 by
adding §§ 17-56--17-70 to read as set out herein and repealing §§ 17-71--17-80. Such repealed
sections formerly pertained to bingo games and raffles and derived from § 14-12 of the 1972
Code, and from an ordinance adopted December 4, 1990.
State law reference(s)--Bingo and raffles, Code of Virginia, § 18.2-340.1 et seq.
---------Sec. 17-56. Definitions.
The following words shall have the following meanings:
Bingo means a specific game of chance played with individual cards having randomly
numbered squares ranging from one (1) to seventy-five (75), in which prizes are awarded on the
basis of designated numbers on such cards conforming to a predetermined pattern of numbers
selected at random. Such cards shall have five (5) vertical rows headed respectively by the letters
B.I.N.G.O., with each row having five (5) randomly numbered squares.
Duck race means a game of chance played by releasing numbered, inanimate toys
(ducks) into a body of moving water. A person who has been assigned the same number as the
first duck to cross a predetermined point in the water (the finish line) is the winner. Other prizes
may be awarded on the basis of the order in which the ducks cross the finish line. Any and all
restrictions and requirements applicable to the conduct of raffles in this division shall also apply
to the conduct of duck races.
Instant bingo means a specific game of chance played by the random selection of one (1)
or more individually prepacked cards, with winners being determined by the preprinted
appearance of the letters B.I.N.G.O. in any prescribed order on the reverse side of such card.
Jackpot means a bingo card played as a part of a bingo game, as defined herein, in which
all numbers on the card are covered, each number being selected at random, and with no free or
''wild'' numbers.
Local designated official or local official means the Town Manager of Christiansburg.
Organization means by any one of the following:
(1)
A voluntary fire department or rescue squad or auxiliary unit thereof
which has been recognized by an ordinance or resolution of the political
subdivision where the Voluntary Fire Department or rescue squad is located as
being a part of the safety program of such political subdivision.
(2)
An organization operated exclusively for religious, charitable,
community or educational purposes; an association of war veterans or auxiliary
units thereof organized in the United States; or a fraternal association operating
under the lodge system.
Raffle means a lottery in which the prize is won by a random drawing of the name or
prearranged number of one (1) or more persons purchasing chances. However, nothing in the
division shall prohibit an organization from using the State Lottery Department's Pick-3 number
as the basis for determining the winner of a lottery. For purposes of this definition, ''raffle'' shall
include determining the winner of a lottery by use of prepackaged pull-tab devices which are
devices made completely of paper or paper products with concealed numbers or symbols that
must be exposed by the player to determine wins or losses and may include the use of a seal
which conceals a number or symbol that has been designated in advance as a prize winner,
including, but not limited to, pull-tab devices commonly known as tip boards or seal cards.
(Ord. of 9-7-93)
Cross reference(s)--Definitions and rules of construction generally, § 1-2.
Sec. 17-57. Annual permit required; application fee; form of application.
Prior to the commencement of any bingo game or raffle by a qualified organization, as
defined in this division, the organization shall be required to obtain an annual permit from the
Town Manager, who is hereby designated by the governing body as the local designated official
to issue such permits. The permit shall only be granted after a reasonable investigation has been
conducted by the locality or local official. Application for the annual permit shall be
accompanied by a check in the amount of twenty-five dollars ($25.00) payable to the aforesaid
local official. In addition, the governing body or local official may assess applicants for the cost
of processing bingo and raffle applications. The application fee and additional charges may be
waived by the governing body. Application for an annual permit shall be made on the following
form. However, the form may be expanded to include any other information desired by the local
official. The application shall be a matter of public record.
APPLICATION FOR PERMIT
TO HOLD BINGO GAMES AND RAFFLES
1.
Name of organization ____
Address of headquarters ____
Address where bingo games will be held or raffle drawing will be conducted ____
____
____
Note: This permit is valid only at the above location.
Days and times on which games are to be held ____
2.
When was your organization founded? ________ Has your organization been in existence in this
Town for two continuous years? ________
Is it a non-profit organization? ________ Tax Exempt Status No. (if
applicable) ____
Gross receipts from all sources related to the operation of bingo games or instant bingo by
calendar quarter for 12-month period immediately prior to date of this application
1st Quarter____ 2nd Quarter ____
3rd Quarter____ 4th Quarter ____
State the specific type and purpose of your organization.
____
____
3.
Officers of organization:
President ____
Address ____
Secretary ____
Address ____
Treasurer ____
Address ____
4.
Type of permit applied for: Bingo Games ________ Raffles ____
5.
Member authorized by your organization who will be responsible for bingo or raffle operation?
Name ____
Address ____
Phone ________ Business Phone ____
6.
Individual responsible for filing the financial report required by this article if your organization
ceases to exist.
Name ____
Address ____
Phone ________ Business Phone ____
7.
Does your organization understand that it is a violation of law to enter into a contract with any
person or firm, association, organization (other than another qualified organization pursuant to
Section 17-69), partnership or corporation of any classification whatsoever, for the purpose of
organizing, managing or conducting bingo games or raffles? ____
8.
Does your organization understand that it must maintain and file complete records of receipts and
disbursements pertaining to bingo games and raffles and that such records are subject to audit by
the local designated official? ____
9.
Has your organization attached a check for the annual permit fee payable to the local designated
official? ____
10.
Does your organization understand that any organization found in violation of Section 17-66
authorizing this permit is subject to having such permit revoked and any organization or person,
shareholder, agent, member or employee of such organization who violated Section 17-66 or
Article 1.1 (Section 18.2-340.1 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia may be
guilty of a felony? ____
11.
Does your organization understand that it will be required to furnish a complete list of its
membership upon the request of the governing body? ____
12.
I hereby swear or affirm under the penalties of perjury as set forth in Section 18.2-434 of the
Code of Virginia, that all of the above statements are true to the best of my knowledge,
information and beliefs. All questions have been answered.
Signed by
____
Name Title Address
Subscribed and sworn to before me, this ________ day of ________, 19________
My commission expires:
________, 19________ Notary ________, 19________ Notary Public
(Ord. of 9-7-93)
Sec. 17-58. Local control of management and operation.
The number of organizations for which a person may manage, operate or conduct bingo
games or raffles is hereby limited to three (3).
(Ord. of 9-7-93)
Sec. 17-59. Requirement for issuance of permit; where valid; duration; permits subject to
local regulation.
(a) Prior to the issuance of any permit, the organization must meet the following
requirements:
(1)
Except for recently established volunteer fire and rescue companies or
departments, as defined in this division, after Town approval, the organization
shall have been in existence and met on a regular basis in the Town where
application is made for a period of at least two (2) years immediately prior to
applying for a permit. The governing body may require the organization to have
a membership consisting of at least fifty (50) percent residents of the
Commonwealth, and to furnish a complete list of its membership in order for the
governing body to ascertain the percentage of state residents. In no case shall the
organization apply for or receive more than one (1) permit. However, this
requirement shall not apply to any lodge or chapter of a national or international
fraternal order or a national or international civic organization which is exempt
under Section 501(c)(3) of the United States Internal Revenue Code and which
has a lodge or chapter holding a bingo permit issued under the provisions of this
division anywhere within this Commonwealth; or, where the governing body of
the Town provides for the issuance of a bingo or raffle permit to booster clubs
which have been operating for less than two (2) years, and which have been
established solely to raise funds for school-sponsored activities in public schools
which are less than two (2) years old.
(2)
A permit shall be valid only in the jurisdiction wherein the application is
approved and only at the locations designated in the permit application.
However, a permit may be issued to an organization which relocates its meeting
place on a permanent basis from one jurisdiction to another and complies with
the requirements of subsection (1) of this section, and provided further that the
organization was the holder of a valid permit at the time of its relocation. An
organization which has obtained a permit under this division to conduct a raffle
may sell raffle tickets both in and out of the jurisdiction issuing the permit and
may conduct its drawing either in the jurisdiction in which a majority of the
tickets were sold or in the jurisdiction issuing the permit, except that pull-tab
devices, as defined in Section 17-56, used as part of a raffle may be sold only
upon the premises owned or exclusively leased by such organization and at such
times as it is not opened to the public, except to members and their guests.
(3)
The organization shall be operated currently, and shall have always been
operated in the past, as a nonprofit organization and shall have been in existence
as a nonprofit organization for a period of at least two (2) years immediately
prior to seeking a permit as hereinafter provided.
(4)
Any organization whose gross receipts from all bingo operations exceed
or can be expected to exceed seventy-five thousand dollars ($75,000.00) in any
calendar year shall have been granted tax- exempt status pursuant to Section
501(c) of the United States Internal Revenue Code. At the same time tax-exempt
status is sought from the Internal Revenue Service, the same documentation may
be filed with the governing body for an interim certification of tax-exempt status.
If such documentation is filed, the governing body may, after reviewing such
documentation as it may deem necessary, issue its determination of tax-exempt
status within sixty (60) days of receipt of such documentation. The governing
body may charge a reasonable fee, not to exceed five hundred dollars ($500.00).
This interim certification of tax-exempt status shall be valid until the Internal
Revenue Service issues its determination of tax-exempt status, or for eighteen
(18) months, whichever is earlier.
(5)
An organization shall designate an individual who shall be responsible
for filing the annual or quarterly financial report required by this division if the
organization goes out of business or otherwise ceases to exist.
(b) All permits shall be issued on a calendar basis and, unless otherwise provided, shall
be valid for one (1) calendar year beginning on January 1.
(c) All applications for a permit shall be acted upon by the Town Manager, the designated
official of the governing body, within sixty (60) days from the filing thereof.
(d) Upon compliance by the applicant with the provisions of this division, and at the
discretion of the governing body or its designated official, a permit may be issued. All permits
shall be subject to reasonable regulation by the governing body or its designated local official to
ensure the public safety and welfare in the operation of bingo games and raffles.
(Ord. of 9-7-93)
Sec. 17-60. Frequency and conduct of bingo games.
No organization may hold bingo games more frequently than two (2) calendar days in
any one (1) calendar week, except that a special permit may be granted an organization which
entitles the organization to conduct more frequent operations during carnivals, fairs and other
similar events at its principal meeting place or any other site selected by such organization which
is located in the jurisdiction issuing the permit and which is not in violation of any local Zoning
Ordinance. The sponsoring organization shall accept only cash or, at its option, checks in
payment of any charges or assessments for players to participate in bingo games.
(Ord. of 9-7-93)
Sec. 17-61. Instant bingo.
(a) Any organization qualified to conduct bingo games pursuant to the provisions of this
division is authorized to play instant bingo as a part of such bingo game and only at such location
and at such times as are specified in the bingo application permit for regular bingo games, as
defined in Section 17-56.
(b) The gross receipts in the course of a reporting year from the playing of instant bingo
shall not exceed fifty (50) percent of the gross receipts of an organization's bingo operation.
(c) Any organization playing instant bingo shall maintain a record of the date, quantity
and card value of instant bingo supplies purchased, as well as the name and address of the
supplier of such instant bingo supplies. The organization shall also maintain a written invoice or
receipt from a nonmember of the organization verifying any information required by this
subsection.
(d) No organization shall sell an instant bingo card to any individual below sixteen (16)
years of age.
(Ord. of 9-7-93)
Sec. 17-62. Reports of gross receipts and disbursements required; form of reports; failure to
file; certificate of compliance; right-of-entry upon premises; records; independent
accounting procedure.
(a) Complete records of all receipts and disbursements shall be kept and shall be filed
annually under oath with the local official designated by the governing body. The annual or
quarterly financial report and other items required to be filed under this section shall be a matter
of public record. All accountings shall be made on or before December 1 of each calendar year
for which a permit has been issued. The accounting shall include a record of the gross receipts
and disbursements of an organization for the year period which commenced on October 1 of the
previous year and a record of all money in the possession of the organization that was derived
from bingo or instant bingo, regardless of when the money was received. However, any
organization whose gross receipts exceed fifty thousand dollars ($50,000.00) during any calendar
quarter shall be required to file an additional accounting of its receipts and disbursements during
such quarter no later than sixty (60) days following the last day of the quarter. ''Gross receipts,''
as used in this section, shall mean the total amount of money received from bingo and instant
bingo operations before the deduction of expenses or prizes.
(b) [Reports.]
(1)
All reports of receipts and disbursements shall be made on the following
form and acknowledged in the presence of a duly authorized notary public. This
form may be expanded to include any other information desired by the governing
body or its designated local official. The failure to file reports when due shall
cause the automatic revocation of the permit and no organization shall conduct
any bingo game or raffle thereafter until the report is properly filed and a new
permit is obtained.
(2)
The financial report shall be accompanied by a certificate, verified under
oath, by the board of directors that the proceeds of any bingo games or raffles
have been used for those lawful, religious, charitable, community or educational
purposes for which the organization is specifically chartered or organized, and
that the operation of bingo games or raffles has been in accordance with the
provisions of this division.
(3)
Any organization having annual gross receipts from bingo games or
raffles in excess of two hundred fifty thousand dollars ($250,000.00), as shown
on its annual financial report, shall attach to such report an opinion of a licensed
independent certified public accountant that the annual financial report presents
fairly, in all material respects, beginning cash, receipts, operating cost, use of
proceeds, and ending cash; the proceeds of any bingo games or raffles have been
used, in all material respects, for those lawful, religious, charitable, community,
or educational purposes for which the organization is specifically chartered or
organized; and the gross receipts have been used, in all material respects, in
accordance with the provisions of this division. The failure to file the opinion of
a licensed independent certified public accountant, when required, shall cause the
automatic revocation of the permit and no organization shall conduct any bingo
game or raffle thereafter until the opinion required by this subsection is properly
filed with the report and a new permit is obtained. The opinion required by this
section is in addition to the audit and audit fee required by Section 17-63.
(c) Notwithstanding the provisions of this division requiring an annual audit, the
provisions of this section shall not be construed to prohibit the local designated official from
performing unannounced audits or restrict any right of such official to secure records required to
be maintained by the provisions of this division. Any such official shall have the authority to go
upon the premises on which any organization is conducting a bingo game for the purpose of
carrying out the duties imposed by this division. The application for the bingo permit shall
constitute permission from, and authority granted by, such organization to any law enforcement
officer or the local official designated by the governing body to enter upon such premises.
(d) The organization shall maintain a written record for three (3) years of the dates on
which bingo is played, the number of people in attendance on each date, and the amount of the
receipts and prizes paid on each day. The organization shall also maintain a record of the name
and address of each individual to whom a door prize, regular or special bingo game prize or
jackpot from the playing of bingo is awarded, as well as the amount of the award. The
organization playing bingo shall also maintain an itemized record of all receipts and
disbursements, including operating costs and use of proceeds incurred in operating bingo games.
BINGO GAMES - RAFFLES
FINANCIAL REPORT
All holders of a Bingo Game-Raffle Permit, issued pursuant to Section 17-59, must file a
record of all receipts and disbursements in accordance with the provisions of this article.
FAILURE TO FILE A REPORT OF SUCH RECORDS WHEN DUE SHALL CAUSE THE
AUTOMATIC REVOCATION OF THE PERMIT.
____
Name of Organization Type of Organization Phone
____
Address Address where Bingo/Raffle is conducted
____
City, State, Zip Code Person Preparing Report Phone
Indicate Period for Which This Report Is Filed ____
Beginning Bank Balance
from Bingo/Raffle $________
Cash on Hand
$________
TOTAL (A) $________
Receipts:
Admission (Regular & Extra Cards) $________
Instant Bingo Sales ________
Misc. Sales (Excluding Bev. & Food) ________
Raffles ________
Other ________
TOTAL (B) $________
TOTAL CASH AVAILABLE (A & B) $________
Operating Cost:
(Excluding Bev. & Food) $________
Bingo Supplies ________
Instant Bingo Supplies ________
Other Supplies & Equipment ________
Permit Fee ________
Prizes Awarded ________
Jackpot Award ________
Instant Bingo ________
Rent ________
Audit Fee ________
Other (Attach detailed explanation) ________
TOTAL (C) $________
Use of Proceeds (Attached Detailed Schedule Indicating Payment, Date, Check or Invoice
Numbers and Amounts)
TOTAL (D) $________
(C & D) $________
Ending Bank Balance from Bingo/Raffle
(E) $________
Cash on Hand
(F) $________
TOTAL CASH ACCOUNTED FOR (C + D + E + F) $________
OATH -- I, the undersigned applicant, do swear (or affirm) that the foregoing figures and
statements are true, full, and correct to the best of my knowledge and belief.
____
Authorized Agent Date
SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF ________,
19________
My commission expires____
NOTARY PUBLIC
(e) The governing body may, by ordinance, require an independent accounting procedure
to be followed by the organization; and further, the Town Manager is designated the local official
to promulgate such independent accounting procedures.
(f) The governing body may, by ordinance, waive the requirements of Section 17-62.
(Ord. of 9-7-93)
Sec. 17-63. Audit of reports; fee.
(a) All reports filed pursuant to Section 17-62 shall be audited by the local official;
however, any report filed by an organization with gross receipts of less than two thousand dollars
($2,000.00) for the designated reporting period shall be exempt from the audit requirement. All
reports shall be a matter of public record.
(b) There is hereby established a reasonable audit fee not to exceed the actual cost of the
audit, if the audit is conducted by an independent auditor or accountant, or two (2) percent of the
gross receipts which an organization reports pursuant to Section 17-62, and the interest income on
money that the organization has received from bingo or instant bingo operations if the audit is
conducted by the local official designated by the governing body. An audit fee of one-tenth
(1/10) of one (1) percent of gross receipts is hereby established in those cases where the audit is
performed by the local official. The audit fee shall accompany each annual report.
(c) The audit fee shall be payable to the local official who is responsible for the
performance of the audit. All audit fees received shall be separately accounted for and shall be
used only for the purposes of auditing and regulating bingo games and raffles.
(Ord. of 9-7-93)
Sec. 17-64. Local ordinances.
The Town shall not be subject to any ordinances adopted by the County.
(Ord. of 9-7-93)
Sec. 17-65. Prohibited practices.
In addition to those other practices prohibited by this division, the following acts or
practices shall also be prohibited under the provisions of this division:
(1)
Except for reasonable and proper operating costs, including costs
associated with providing clerical assistance in the conduct of bingo games or
raffles for organizations composed of or for deaf or blind persons, publicizing the
time and place of bingo games and raffles and prizes, no part of the gross receipts
derived by an organization, as herein defined, permitted to conduct bingo games
or raffles may be used for any purpose other than those lawful religious,
charitable, community or educational purposes for which the organization is
specifically chartered or organized and expenses relating to the acquisition,
construction, maintenance, or repair of any interest in the real property involving
the operation of the organization and used for lawful religious, charitable,
community or educational purposes.
(2)
No organization shall enter into a contract with, or otherwise employ for
compensation, any person, firm, association, organization, partnership, or
corporation of any classification whatsoever for the purpose of organizing,
managing, or conducting bingo games or raffles. However, this subsection shall
not prohibit the joint operation of bingo games under Section 17-69.
(3)
No person, firm, association, organization, partnership, or corporation
shall pay or receive for use of any premises devoted, in whole or in part, to the
conduct of bingo games or raffles any consideration in excess of the current fair
market rental value of such property. For purposes of this division, no fair
market rental value consideration shall be based upon or determined by reference
to a percentage of the proceeds derived from the operation of bingo games or
raffles, nor shall such consideration be based upon or determined by any
reference to the number of people in attendance at such bingo games or raffles.
Each day in violation of this subsection shall constitute a separate class 1
misdemeanor as set forth in Section 18.2-340.10 of the Code of Virginia.
(4)
No building or other premises shall be utilized in whole or in part for the
purpose of conducting bingo games more frequently than two (2) calendar days
in any one (1) calendar week. However, the provisions of this subsection shall
not apply to the playing of bingo pursuant to a special permit issued in
accordance with Section 17-60. No building or other premises owned by an
organization, as defined in Section 17-56, and qualified as a tax-exempt
organization pursuant to Section 501(c) of the Internal Revenue Code shall be
utilized in whole or in part for the purpose of conducting bingo games more
frequently than four (4) calendar days in any one (1) calendar week. One (1)
building or premises owned by the Town shall be exempt from the provisions of
this subsection.
(5)
Except for persons employed as clerical assistants by organizations
composed of or for deaf or blind persons, members of civic and fraternal groups,
or employees of a corporate sponsor of a qualified organization, only bona fide
members of any such organization who have been members of such organization
for at least ninety (90) days prior to such participation shall participate in the
management, operation or conduct of any bingo game or raffle. Except as
provided herein, no person shall receive any remuneration for participating in the
management, operation or conduct of any such game or raffle. Persons employed
by organizations composed of or for deaf or blind persons may receive
remuneration not to exceed thirty dollars ($30.00) per event for providing clerical
assistance in the conduct of bingo games or raffles only for such organizations.
Persons eighteen (18) years of age and under who sell raffle tickets to raise funds
for youth activities in which they participate may receive nonmonetary incentive
awards or prizes from the organization, provided that organization is nonprofit.
The spouse of any such bona fide member or a firefighter or rescue squad
member employed by a political subdivision with which the volunteer firefighter
or rescue squad member is associated may participate in the operation and
conduct of a bingo game or raffle if a bona fide member is present.
(6)
No person shall manage, operate or conduct bingo games or raffles if,
within the past five (5) years, he has been convicted of a felony or a crime
involving moral turpitude, or has operated a bingo game or raffle in violation of
state law or local ordinance.
(7)
No organization shall enter into any contract with or otherwise employ or
compensate any member of that organization regarding the sale of bingo supplies
or equipment.
(8)
No organization shall award any bingo prize money or any merchandise
valued in excess of the following amounts:
a.
($25.00);
No bingo door prize shall exceed twenty-five dollars
b.
No regular bingo or special bingo game prize shall
exceed one hundred dollars ($100.00);
c.
No instant bingo prize for a single card shall exceed five
hundred dollars ($500.00); and
d.
No bingo jackpot of any nature whatsoever shall exceed
one thousand dollars ($1,000.00), nor shall the total amount of bingo
jackpot prizes awarded in any one (1) calendar day exceed one thousand
dollars ($1,000.00).
Except as provided herein, no organization shall award any raffle prize valued at more than one
hundred thousand dollars ($100,000.00). The one-hundred-thousand-dollar limitation shall not
apply to a raffle conducted no more than once per calendar year by an organization qualified as a
tax-exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code for a prize
consisting of a lot improved by a residential dwelling where one hundred (100) percent of the
moneys received from such a raffle, less deductions for the fair market value for the cost of
acquisition of the land and materials, are donated to lawful religious, charitable, community, or
educational organizations specifically chartered or organized under the laws of the
Commonwealth and qualified as a Section 501(c)(3) tax-exempt organization.
The award of any prize money for any bingo game or raffle shall not be deemed to be part of any
gaming contract within the purview of Section 11-14 of the Code of Virginia.
(9)
Any bingo game in which all the gross receipts from players for that
game are paid as prize money back to the players shall not be subject to the
limitations of subsection (8) of this section, but there shall not be more than one
(1) such game per calendar day of play and the prize money from any such game
shall not exceed one thousand dollars ($1,000.00).
(10)
Any organization composed of or for deaf or blind persons that employs
a person not a member to provide clerical assistance in the conduct of bingo
games or raffles shall have in force fidelity insurance, as defined in Section 38.2120 of the Code of Virginia, written by an insurer licensed to do business in the
Commonwealth.
(11)
No person shall participate in the management, operation or conduct of
any bingo game or raffle if, within the preceding five (5) years, he has been
convicted of a felony or crime of moral turpitude. Further, no person shall
participate in the management, operation or conduct of any bingo game or raffle
if that person, within the past five (5) years, has participated in the management,
operation, or conduct of any bingo game or raffle which was found by a local
permitting authority or by a court of competent jurisdiction to have been operated
in violation of State law or local ordinance.
(Ord. of 9-7-93)
Sec. 17-66. Denial, suspension or revocation of permit; penalties.
The permit of any organization may be denied, suspended or revoked by the local
designated official or the governing body if such organization is found not to be in strict
compliance with the provisions of this division.
Any person violating the provisions of Section 17-65 shall be guilty of a class 1
misdemeanor as defined elsewhere in the ordinances and codifications thereof, of the Town, or as
defined in the Code of Virginia. Any person violating the provisions of Section 17-65 shall be
guilty of a class 6 felony as defined in the Code of Virginia.
(Ord. of 9-7-93)
Sec. 17-67. Enforcement of division; injunctive relief.
In the event that an organization violates the provisions of this division, then the
Commonwealth's Attorney or the Town Attorney may, in addition to the foregoing criminal
penalties, apply to the Circuit Court of the County for an injunction restraining the continued
operation of bingo games or raffles or any aspect thereof.
(Ord. of 9-7-93)
Sec. 17-68. Hearings and appeals.
No permit to conduct bingo games or raffles shall be denied, suspended or revoked,
except upon notice stating the proposed basis for such action and the time and place for a hearing
thereon. After a hearing on the issues, the governing body or the local official may refuse to issue
or may suspend or revoke any such permit if it determines that the organization has not complied
with the provisions of this division. Any organization aggrieved by the decision of the governing
body or the local official may appeal such decision to the Circuit Court.
(Ord. of 9-7-93)
Sec. 17-69. Joint operation of bingo games; restrictions; special permit required.
(a) Two (2) qualified organizations, as defined in this division, may jointly organize and
conduct bingo games, provided both have been issued a permit under the provisions of Section 17
-59 and provided both fully comply with all other provisions of this division.
(b) Any two (2) qualified organizations jointly conducting bingo games shall be subject
to the same restrictions and prohibitions contained in this division that would apply to a single
organization conducting bingo games. Organizations jointly conducting bingo games shall not
circumvent any restrictions and prohibitions which would otherwise apply if a single organization
were conducting such games. These restrictions and prohibitions shall include, but not be limited
to, the frequency with which bingo games may be held, the value of merchandise or money
awarded as prizes, and all other practices prohibited under Section 17-65.
(c) Any two (2) qualified organizations which wish to jointly conduct one (1) or more
bingo games shall furnish the governing body of the jurisdiction where such games will be held a
written report setting forth the division of manpower, costs, and proceeds for each game to be
jointly conducted. Upon a finding that the division of manpower and costs for each game bears a
reasonable relationship to the division of proceeds, the governing body shall issue a special
permit for the joint conduct of all approved bingo games. No bingo game may be jointly
conducted until this special permit is obtained by the organization involved for that bingo game.
(Ord. of 9-7-93)
Sec. 17-70. Only raffles, bingo and instant bingo games permitted.
This division permits organizations to conduct raffles, bingo and instant bingo games. All
games not explicitly authorized by this division are prohibited.
(Ord. of 9-7-93)
Secs. 17-71--17-79. Reserved.
Article III. Regulation of Noise
Sec. 17-80. Short title and application of Article generally.
This Article shall be known and referred to as the “Noise Ordinance of the Town of
Christiansburg, Virginia.” It shall be applicable to the control of noises originating within the
jurisdictional limits of the Town of Christiansburg.
(Ord. 2010-4 of 10-19-10)
Sec. 17-81. Declaration of policy.
At certain levels, noise can be detrimental to the health, welfare, safety, peace, and
quality of life of the citizens of Town of Christiansburg, and in the public interest, noise should
be controlled. Therefore, it is hereby declared to be the public policy of the Town of
Christiansburg to promote an environment for its citizens that is free from excessive,
unnecessary, harmful, or annoying noises, which jeopardize their health or welfare or degrades
the quality of life within the Town of Christiansburg.
(Ord. 2010-4 of 10-19-10)
Sec. 17-82. Administration and enforcement.
This article shall be enforced and administered by the Chief of Police of the Town, with
the assistance of other Town Departments as required.
(Ord. 2010-4 of 10-19-10)
Sec. 17-83. Definitions.
For purposes of this Article, the following words and phrases shall have the meaning
assigned to them in this section.
Chief: the Chief of Police of the Town of Christiansburg, Virginia, or his/her duly
appointed designees.
Dwelling unit: one or more rooms arranged, designed, or intended to be occupied as
separate living quarters by one or more persons and including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
Motor vehicle: every vehicle defined as a motor vehicle by § 46.2-100 of the Code of
Virginia (1950), as amended.
Noise: any sound which (a) endangers or injures the safety or health of any person; (b)
annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures
personal or real property.
Owner: the person owning, controlling, or possessing land, premises, or property.
Person: any individual, partnership, corporation, firm, association, trust, estate, society,
club, private institution, group of persons acting in concert, organization or agency, or any legal
successor, representative, agent or agency of the foregoing. This term shall not include the
federal, state, county, town, city or local government, or any agency or institution thereof.
Plainly audible: any sound that can be detected by a person using his or her unaided
hearing faculties.
Property boundary: an imaginary line along the ground surface, and its vertical
extension, which separates the real property owned, leased or otherwise legally controlled by one
person from that owned, leased or otherwise legally controlled by another person, including intrabuilding real property divisions.
Public property: any real property owned or controlled by the Town or any other
governmental entity.
Residential area: reference to any area of the Town, regardless of Zoning District, where
a person maintains a permanent or temporary place of abode.
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, and which propagates at finite speed. The description of sound may include any
characteristic of such sound, including duration, intensity, and frequency.
Sound-amplifying equipment: any machine, device or equipment for the amplification of
the human voice, music, or any other sound. This term shall not include warning devices on
authorized emergency vehicles or horns or other warning devices on other vehicles used only for
traffic-safety purposes.
(Ord. 2010-4 of 10-19-10)
Sec. 17-84. Loud noises prohibited.
It shall be unlawful for any person:
(1)
To use, operate, or play a radio, phonograph, television, record, compact disc or
tape player, musical instrument, loudspeaker, sound-amplifying equipment, or other machine or
device capable of producing or reproducing sound in such a manner or with such volume or
duration that it is plainly audible (i) inside the confines of the dwelling unit, house, or apartment
of another person or (ii) at a distance of 50 feet or more from the device, except for devices
permitted to be used at public parks or recreation fields, sporting events, school-sponsored
activities on school grounds, or duly authorized parades, public functions or commemorative
events.
(2)
To allow noise between the hours of 10:00 p.m. and 7:00 a.m. that is plainly
audible either inside the confines of the dwelling unit, house, or apartment of another person or at
a distance of 50 feet or more.
(3)
To allow any animal (except farm animals in Agricultural Districts) to create
noise that it is plainly audible at least once a minute for ten consecutive minutes (i) inside the
confines of the dwelling unit, house, or apartment of another or (ii) at a distance of 50 feet or
more from the animal. This provision shall not apply if the noise is due to harassment of or injury
to the animal, or due to a trespass upon the premises where the animal is located.
(4)
To operate, install, have or permit on the inside or outside of any store, shop,
business establishment, warehouse or commercial building, any loudspeaker, sound-amplifying
equipment, or other sound-producing or reproducing device capable of emitting music, noise,
sounds, tapes or voice in such manner that it is plainly audible on any public sidewalk or street
unless it is used only intermittently for announcing or paging an individual or unless it signals the
ringing of a telephone, danger from smoke, a fire or a burglary or the beginning or stopping of
work or school, or unless it is operated in accordance with conditions of zoning.
(5)
To play or permit the playing of any radio, stereo, tape player, compact disc
player, loud speaker, sound-amplifying equipment or other electronic device or mechanical
equipment used for the amplification of sound, within a motor vehicle and which is plainly
audible from outside the motor vehicle at a distance of 50 feet or more from the vehicle. This
provision shall not apply to sirens, loud speakers, and emergency communications radios in
public safety vehicles; nor shall this provision apply to motor vehicle alarms or other security
devices.
(6)
To create plainly audible noise in residential areas between 10:00 p.m. and 7:00
a.m. in connection with the loading and unloading of refuse, waste, or recycling.
(7)
To create plainly audible noise in residential areas between 10:00 p.m. and 7:00
a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or tree removal, and
other landscaping, lawn or timbering activities.
(8)
To operate or cause to be operated any equipment used on an active site in the
construction, repair, alteration or demolition of buildings, streets, roads, alleys or appurtenances
thereto between the hours of 10:00 p.m. and 7:00 a.m. The use of construction vehicles as
transportation to and from an active construction site may be done at any time.
(9)
To repair, rebuild, or modify any motor vehicle or other mechanical equipment or
device between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at a
distance of 50 feet or more from the source.
(10)
To fail to deactivate an alarm system plainly audible at a distance of 50 feet or
more from such alarm within 30 minutes of hearing the alarm or receiving notice of the alarm’s
activation.
(Ord. 2010-4 of 10-19-10)
Sec. 17-85. Exemptions from this Article.
The following specific activities or sources of noise shall be exempt from the regulations
set forth in this article:
(1)
Sounds generated in Business, Industrial, and Mixed-Use Zoning Districts that
are necessary and incidental to the uses permitted therein.
(2)
Sounds generated from any agricultural activity or agribusiness.
(3)
Activities or land use for which a permit has been issued or an exception has
been granted by the Christiansburg Town Council.
(4)
Activities for which the regulation of noise has been preempted by federal law.
(5)
Sounds emitted in the performance of emergency work or for the purpose of
alerting persons to the existence of an emergency.
(6)
Sounds generated by the performance of any governmental function.
(7)
Lawful activities on or in public and school athletic facilities and on or in
publicly owned properties and facilities.
(8)
(9)
America
Activities which are part of any Town- or state-sponsored festival or activity.
Military activities of the Commonwealth of Virginia or of the United States of
(10)
Religious services, religious events, or religious activities or expressions –
including, but not limited to, music, singing, bells, chimes and organs – that are a part of such
service, event, activity or expression.
(11)
Religious or political gatherings and other activities protected by the First
Amendment to the United States Constitution.
(12)
Sounds generated from or incidental to emergency repairs to public and private
(13)
Sounds generated from or incidental to any emergency public works function.
utilities.
(14)
and bridges.
(15)
Sounds generated from construction and maintenance to public roads, highways,
Sounds generated from erosion and sediment mitigation.
(16)
Sounds generated from airplanes and trains.
(Ord. 2010-4 of 10-19-10)
Sec. 17-86. Penalties.
A.
Any person violating any of the provisions of this Article shall be subject to the
following penalties:
(1)
For the first offense, either imprisonment of not more than ten days or a
fine of not less than $75.00.
(2)
For the second offense within 12 months of a previous conviction, either
imprisonment of not more than ten days or a fine between $250.00 and $750.00.
(3)
For the third offense within 24 months of a previous conviction, either
imprisonment of not more than ten days or a fine between $500.00 and
$1,000.00.
(4)
For the fourth or subsequent offense within 24 months of a previous
conviction, the person shall be guilty of a Class 1 misdemeanor.
B.
Each separate act on the part of the person violating this Article shall be deemed
a separate offense, and each day a violation is permitted to continue unabated shall constitute a
separate offense.
C.
The person operating or controlling a noise source shall be guilty of any violation
caused by that source. If that person cannot be determined, any owner, tenant, or resident
physically present in or on the property where the violation is occurring is rebuttably presumed to
be guilty of the violation.
D.
In addition to and not in lieu of the criminal penalties prescribed in this section,
the Town of Christiansburg may apply to the Circuit Court for an injunction against the
continuing violation of any of the provisions of this Article, and the Town of Christiansburg may
seek any other remedy or relief authorized by law.
(Ord. 2010-4 of 10-19-10)
Sec. 17-87. Undue hardship waiver.
A.
Any person responsible for a noise source may apply to the Town Manager or
Town designee for a waiver, or partial waiver, from the provisions of this Article. The Town
Manager or Town designee may grant such waiver, or partial waiver, upon a finding that any of
the following circumstances exists:
(1)
The noise does not endanger the public health, safety or welfare; or
(2)
Compliance with the provisions of this Article from which a waiver is
sought would produce serious economic hardship without producing substantial
benefit to the public.
B.
In determining whether to grant such waiver, the Town Manager or Town
designee shall consider the time of day the noise will occur, the duration of the noise, whether the
noise is intermittent or continuous, the technical and economic feasibility of bringing the noise
into conformance with this Article, and such other matters as are reasonably related to the impact
of the noise on the health, safety, and welfare of the community and the degree of hardship which
may result from the enforcement of the provisions of this Article.
C.
No waiver, or partial waiver, issued pursuant to this Article shall be granted for a
period to exceed one year, but any such waiver or partial waiver may be renewed for successive
like periods if the Town Manager or Town designee shall find such renewal is justified pursuant
to the standards set forth in this ordinance. No renewal shall be granted except upon written
application therefore.
(Ord. 2010-4 of 10-19-10)
Sec. 17-88. Other remedies.
No provision of this Article shall be construed to impair any common law or statutory
cause of action or legal remedy of any person for injury or damage to person or property arising
from violation of this Article or arising from noise that either is exempted or does not violate this
Article.
(Ord. 2010-4 of 10-19-10)
Secs. 17-89--17-99. Reserved.
Article IV. False Alarms
Sec. 17-100. Purpose.
The purpose of this article is to minimize the unnecessary use of the town's emergency
services by reducing the number of commercial false alarms and regulating the installation and
maintenance of commercial alarm systems as authorized pursuant to section 15.2-911 of the
Virginia Code (1950) as amended.
(Ord. 2012-9 of 10-16-12)
Sec. 17-101. Definitions.
Alarm means any device which, when actuated by the occurrence of a criminal act or fire
risk requiring police, fire or rescue response, transmits a signal to a central alarm system, a third
party or directly to the Christiansburg Police Department or produces an audible or visible signal
designed to notify persons within audible or visual range of the signal.
Alarm Company Operator means any person legally authorized to transact business
within the Commonwealth of Virginia and currently maintaining either a Virginia contractor’s
license or a local business license to engage in the business of installation, maintenance,
alteration, servicing or monitoring alarm systems.
Alarm Permit means a permit issued by the town treasurer upon receipt of a completed
registration form for the use of an alarm system on commercial properties.
Alarm User means any non-residential commercial entity or business using a security or
fire alarm system or having an insurable interest in any premises upon which is located such a
system, regardless of whether the person or entity owns the security or fire alarm system or the
premises on which it is located.
Commercial Property means any commercial or business property that is required to
obtain a town business license to operate in the Town of Christiansburg and has an alarm system
installed at the place of business.
False Alarm means any security or fire alarm signal, communicated directly or indirectly
to the Christiansburg Police Department which is not in response to actual or threatened criminal
activity or fire risk requiring immediate police, fire, or rescue response. False alarms include
negligently or accidentally activated signals; signals which are the result of faulty,
malfunctioning, or improperly installed or maintained equipment; signals which are purposely
activated to summon the police department or fire and rescue service in nonemergency situations;
and signals for which the actual cause is not determined. False alarms shall not include signals
activated by unusually severe weather conditions or other causes which are identified and
determined by the chief of police or designee to be beyond the control of the user.
(Ord. 2012-9 of 10-16-12)
Sec. 17-102. Alarm system user registration and permits.
(a) Every alarm user shall obtain an alarm system user permit from the town for the
operation of an alarm system. If the alarm system is to be installed or maintained by an alarm
company operator, the alarm company operator may obtain the required permit on behalf of the
alarm system user. The person or entity applying for the permit shall state on the registration
form provided by the town the following: name; address of the commercial premises; telephone
number of the alarm system user; the type of alarm system (local or monitored); name of the
alarm company operator selling or leasing the new or existing alarm system equipment or
services; and the names, addresses and telephone numbers of at least two (2) persons who can be
reached at any time, day or night, and who are authorized to respond to an alarm signal and who
can open and represent the premises in which the system is installed for reporting and
investigative purposes. It shall be the responsibility of the alarm system user to make sure that
such persons respond within twenty (20) minutes of notification by the town. If the responsible
party’s response time is delayed longer than thirty (30) minutes from the time police units are
dispatched and there is no exterior indication of criminal activity, a determination will be made as
to the need to remain on scene pending their arrival. It shall be the responsibility of the alarm
system user to notify the Christiansburg Police Department in writing of any subsequent changes
in the information provided on the permit registration. Upon approval by the town of the alarm
permit registration, the permit shall be issued to the alarm system user which shall be prominently
displayed in the business property.
(b) Permits shall be renewed annually at the time that business licenses are obtained.
(c) Any alarm system user who operates or allows an alarm system to be operated
without first obtaining a permit as required by this section shall be in violation of this article and
subject to service charges for every false alarm.
(d) This permit requirement is intended to assist the police and fire departments, as well
as the town manager, in the administration of the provisions of this article and shall not be
deemed to create any special duty with respect to the protected premises beyond that owed to the
general public.
(e) Permits issued under this article shall be nontransferable.
(Ord. 2012-9 of 10-16-12)
Sec. 17-103. Duties of alarm system users.
Alarm system users shall instruct employees, tenants, or others who may have occasion
to activate an alarm that alarm systems are to be activated only in emergency situations to
summon an immediate police or fire department response and shall provide instruction as to the
operation of the alarm system, including setting, activation, deactivation, and resetting of the
alarm. The alarm system user shall be responsible for maintaining the alarm system in proper
working order.
(Ord. 2012-9 of 10-16-12)
Sec. 17-104. Duties of alarm company operators.
(a) No commercial alarm system shall be installed, monitored, altered, serviced, or
repaired to a level of operation by an alarm company operator unless the alarm system user has
complied with the registration and permit provisions of this article.
(b) Every alarm company operator that installs, monitors, alters, services, or repairs an
alarm system after the effective date of this article shall certify that the alarm system user has
been instructed in the proper use and operation of the alarm system.
(Ord. 2012-9 of 10-16-12)
Sec. 17-105. Service charges for false alarms.
(a) All unregistered alarm systems will be charged a service charge of one hundred
dollars ($100.00) for every false alarm.
(b) No service charge shall apply to the first four (4) false fire and/or security alarms in
each calendar year for each registered location provided the alarm system user is an alarm permit
holder. A service charge of fifty dollars ($50.00) for the fifth response, one hundred dollars
($100.00) for the sixth response, and one hundred fifty ($150.00) for the seventh and subsequent
false alarm response shall be assessed against the permitted alarm system user who activates,
utilizes, operates, or maintains an alarm system within the town.
(c) Any service charge or fee billed under this article shall be due thirty (30) days from
the date of invoice by the town and shall be payable to the town treasurer.
(Ord. 2012-9 of 10-16-12)
Sec. 17-106. Failure to pay service charges; revocation of alarm permit.
All service charges assessed against the alarm system user of the protected premises if
registered or not, who activates, utilizes, operates, or maintains an alarm system shall be paid to
the town treasurer. In the event legal action is necessary to collect the service charges, the alarm
system user shall be required to pay for any and all attorney fees and other costs expended by the
town to collect such funds. The failure of a permit holder to pay any service charge assessed
under this article when due shall constitute grounds for the revocation of an alarm permit by the
town manager or his/her designee and subject the alarm user to a service charge in the amount of
one hundred dollars ($100.00) for every false alarm. An alarm permit that has been revoked
pursuant to this section may be reinstated by the town manager or his /her designee upon payment
of all outstanding service charges, a reinstatement fee or fifty dollars ($50.00), and compliance
with all other requirements of this article.
(Ord. 2012-9 of 10-16-12)
Sec. 17-107. Appeals.
Upon an appeal made in writing to the town manager or his designee within thirty (30)
days of the date of receiving the town’s invoice, any person against whom a service charge has
been assessed under this article may appeal such charge to be reviewed by the town manager or
his designee. The appeal shall include a brief statement setting forth why the person against
whom the charge has been assessed believes that the service charge is not valid. The town
manager or his designee may waive all or a portion of the service charge for good cause shown in
the appeal.
(Ord. 2012-9 of 10-16-12)
Sec. 17-108. Penalty and interest.
Service charges which remain outstanding for more than 30 days will be charged a late
penalty of 10% of the amount owed and interest at 6% per annum.
(Ord. 2012-9 of 10-16-12)
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