§ 23-43. Trespass after having been forbidden to do so.  


Latest version.
  • (a)

    If any person shall, without authority of law, go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by or at the direction of such person or the agent of any such person or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, buildings, premises or part, portion or area thereof, at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Code of Virginia §§ 16.1-253, 16.1-253.1, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10 or an ex parte order issued pursuant to Code of Virginia § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of Code of Virginia §§ 18.2-132 through 18.2-136.

    (b)

    Any owner, lessee, custodian, or person lawfully in charge of real property may, in writing on a form prescribed by the chief of police, designate the police department as a "person lawfully in charge thereof," as those terms are used in subsection (a) of this section, for the purpose of forbidding another to go or remain upon the lands, buildings or premises of such owner, lessee, custodian, or person lawfully in charge. Such designation shall include a description of the land(s), building(s) or premises to which it applies; shall reference the period of time during which it is in effect; and shall be kept on file in the office of the chief of police or in such other location within the police department as the chief of police deems appropriate.

    (Code 1965, § 23-52; Ord. No. 1748, 11-16-87; Ord. No. 2571, 2-22-00; Ord. No. 2707, 6-25-02; Ord. No. 3187, 6-28-11)

(Code 1965, § 23-52; Ord. No. 1748, 11-16-87; Ord. No. 2571, 2-22-00; Ord. No. 2707, 6-25-02; Ord. No. 3187, 6-28-11)