§ 19-110. Loitering—Obstructing free passage of others.

(a)

Purpose. The purpose of this section is to ensure the free passage of pedestrians and vehicles on the public rights-of-way, to ensure free access to public places and to prevent activities that threaten the public safety or threaten a breach of the peace.

(b)

Definitions. For the purposes of this section, the following words and phrases have the meanings respectively ascribed to them by this subsection:

Loiter means to stand around or remain at, to sit or lie upon, or to park or remain parked in a motor vehicle at any public place or any place open to the public and to engage in any conduct prohibited under this section. The term "loiter" also means to collect, gather, congregate, or be a member of a group or a crowd of people who are gathered together in any public place or any place open to the public and to engage in any conduct prohibited under this law.

Place open to the public means any place open to the public or any place to which the public is invited or may reasonably expect to be invited, and in, on, or around any privately owned place of business, private parking lot, or private institution, including shopping centers, malls, places of worship, cemeteries, or any place of amusement and entertainment, whether or not a charge of admission for entry thereto is made. The term "place open to the public" includes the elevator, lobby, halls, corridors and areas open to the public of any store, office, or apartment building.

Public place means any public street, road, highway, bridge, curb, alley, alleyway, sidewalk, crosswalk, walkway area, or other public way, or any public resort, place of amusement, park, playground, land, mall, plaza, public building or grounds appurtenant thereto, school buildings or school grounds, or public transportation facility or public parking lot or any other publicly owned property.

(c)

Prohibited conduct. It shall be unlawful for a person to loiter at any public place or any place open to the public in such a manner as to violate any of the following restrictions:

(1)

No person shall loiter at any public place or any place open to the public so as to unreasonably hinder or obstruct the free normal flow or passage of pedestrians or vehicles thereon.

(2)

No person shall block or obstruct, or prevent the free access to the entrance to any place open to the public.

(3)

No person shall obstruct, molest or interfere or attempt to obstruct, molest or interfere with any person lawfully on or in a public right-of-way, street or highway, in a manner that would cause a reasonable person or pedestrian on a public right-of-way, street or highway to fear for his safety.

(4)

No person shall engage in any conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed when such conduct occurs on or in any public place or any place open to the public.

(5)

In order to promote the safe and orderly flow of traffic on the public streets and highways, no person shall stop a motor vehicle in such manner as to impede or render dangerous the use of the streets or highways by others, and no person shall loiter on or in the public streets or highways for the purpose of engaging the operator of any motor vehicle or any passenger in a motor vehicle in conversation or any other activity while such motor vehicle is stopped on the main-traveled portion of a street or highway.

(d)

Nothing in this section shall be construed to prohibit a lawful assembly or lawful picketing.

(e)

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

(Code 1993, § 20-66; Code 2004, § 66-151; Ord. No. 2004-244-231, § 1, 9-13-2004)

State Law reference— Similar provisions, Code of Virginia, § 18.2-404.

(Code 1993, § 20-66; Code 2004, § 66-151; Ord. No. 2004-244-231, § 1, 9-13-2004)

State law reference

Similar provisions, Code of Virginia, § 18.2-404.