509.01 Disorderly conduct.
509.02 Loitering on school property.
509.03 Disruption of government.
509.04 Loitering.
509.05 Disturbing the peace.
509.06 Tobacco prohibited in parks and recreational areas.
509.07 Criminal loitering by persons on supervised release.
509.99 Penalty.
CROSS REFERENCES
Authority to maintain order - see W. Va. Code 8-12-5
(19), (44)
Crimes against the peace - see W. Va. Code Art. 61-6
Intoxication or drinking in public places - see GEN. OFF. 521.05
Breach of peace with weapon - see GEN. OFF. 545.02
(a) No person shall, in a public place, any State or Municipal office or office building or any other property owned, leased, occupied or controlled by the State or Municipality, a mobile home park, a public parking area, a common area of an apartment building or dormitory, or a common area of a privately owned commercial shopping center, mall or other group of commercial retail establishments, disturb the peace of others by violent, profane, indecent or boisterous conduct or language or by the making of unreasonably loud noise that is intended to cause annoyance or alarm to another person, and who persists in such conduct after being requested to desist by a law-enforcement officer acting in his or her lawful capacity: provided, that nothing in this subsection should be construed as a deterrence to the lawful and orderly public right to demonstrate in support or protest of public policy issues.
(b) For purposes of this section:
(1) "Mobile home park" means a privately-owned residential housing area or subdivision wherein the dwelling units are comprised mainly of mobile homes and wherein the occupants of such dwelling units share common elements for purposes of ingress and egress, parking, recreation and other like residential purposes.
(2) "Mobile home" means a moveable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:
A. Units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity, and
B. Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.
(3) "Public parking area" means an area, whether publicly or privately owned or maintained, open to the use of the public for parking motor vehicles.
(WVaC 61-6-1b)
No person, not a student in regular attendance, shall loiter in or about any school, school building or school grounds in violation of any posted rules or regulations governing the use of any such school without written permission from the principal. (WVaC 61-6-14a)
(a) Council takes cognizance of reported activities of organized groups of individuals in other cities of the United States, such as so-called "sit-ins" held in the offices and hallways of buildings in which governmental business is transacted; disruption of vehicular and pedestrian traffic, designed to prevent or delay governmental personnel from reaching their places of duty; failing or refusing to obey the lawful orders of police officers and others in authority, et cetera, and as is generally known to all who read the newspapers, all for the avowed purpose of preventing public officers and employees from performing their duties and thereby preventing altogether, or hindering and delaying the transaction of governmental business and nullifying important functions of government.
(b) Council takes further cognizance of the fact that the City is a municipal corporation existing under the laws of the State, with a representative form of government in harmony with the Constitutions of the United States and the State of West Virginia, and that the primary purpose of the City Government is to serve the people of the City; and Council finds that activities of groups of individuals which are intended and designed to prevent, delay, hinder or otherwise impair the lawful transaction of City business or functions of the City Government constitute a clear and present danger to the good order and government of the City for its established purposes; for though but one such organized effort may not be wholly effective, nevertheless, if it is not promptly and firmly dealt with, other such efforts may be expected to follow, so that any one such organized effort does in fact constitute a clear and present danger to the ability of the City Government to serve the people of the City, and to the very survival of the City as a lawful municipal corporation.
(c) Therefore, and in view of the foregoing findings, no person, acting alone or in concert with one or more other persons, shall commit any act or omission, otherwise lawful, with intent to prevent, delay, confuse, disrupt, pervert or render ineffective the orderly and timely transaction of any City business or any governmental or proprietary function of the City.
(1976 Code Sec. 13-28)
Loading...