Code of Fairfax County

The Code of Fairfax County 

Selected Articles by our Fairfax Criminal Lawyer

Please see our Fairfax criminal lawyer or our firm’s parent page which provides an overview of the Virginia Code vs. County and City Code sections, primarily for more information about:

  • how local laws may or may not be valid;
  • reasons why an officer may have charged you with a particular local law as opposed to Virginia Code;
  • where the authority of a locality to enact a law is derived from; and
  • what, if anything, is the significance of a conflict between laws.

Local Northern Virginia Fairfax Criminal Lawyer, Brent Vincenzes, has decided upon posting information on the following Code of Fairfax County law sections. You may read the titles of the code sections below (grouped by Article number), or follow the links to read the code sections in full (updated October 20, 2014).

When charged with a County Code violation, it may be very confusing to the accused.

For example, if charged with the Class 1 misdemeanor offense of trespassing in Virginia, the officer may have jotted on the Summons the Virginia Code Section or a County Code. What does it mean? And will the Commonwealth (prosecutor) have an issue with this?

To illustrate:

If John is arrested for an alleged trespassing violation, he may look at his yellow Summons sheet and see he has been accused of violating Virginia Code § 18.2-119…and if John does an internet search (by typing in that code section), then he will find it very easily. It is not very hard to find the Code of Virginia online.

On the other hand,

what if John sees that the officer has written Trespassing on the Summons, but the Code Section is something strange – such as, 5-4-1?

What does that mean?

Even if John realizes this is a County Code section, he may wonder whether or not the law mirrors the Virginia statute.

He may (rightfully) wish to read the specific County Code. It is far more difficult to find County Codes. Remember, a lawyer is the best person to call when faced with an upcoming court date; for the casual researcher, our Fairfax criminal lawyer hopes that this page helps gain an understanding and proves to be a valuable resource.

Please remember: the Code of Fairfax County – like all Codes of law – changes frequently via amendments, updates, deletions, and sometimes, they are repealed! Therefore, instead of relying on our site for information or anything you find online, it is much better to pick up the phone (or type a message online) to our Northern Virginia Criminal Defense Attorney or one of the local Fairfax criminal lawyers serving Northern Virginia.

Article I – Offenses Against Public Peace and Safety

To read the language of these laws, go here.

Section 5-1-1. Drunkenness and profane swearing

Section 5-1-2. Loitering; definitions; peace and good order

Section 5-1-3. Peeping or spying into structure occupied as dwelling

Section 5-1-4. Disorderly conduct in public places; ejection of violators

Section 5-1-5. Obstructing passage of others

Section 5-1-6. What constitutes a riot or unlawful assembly

Section 5-1-7. Participating in riot

Section 5-1-8. Participating in unlawful assembly

Section 5-1-9. Remaining at place of riot or unlawful assembly after warning to disperse

Section 5-1-10. Conspiracy; incitement to riot

Section 5-1-11. Resisting or obstructing execution of legal process

Section 5-1-12. Dispersal of unlawful or riotous assemblies and immunity

Section 5-1-13. Commission of certain offenses in county, city or town declared by Governor to be in state of riot or insurrection

Section 5-1-14. Injury to property or persons by persons unlawfully or riotously assembled

Section 5-1-15. Disturbing the peace

Section 5-1-16. Minors in public poolrooms or billiard rooms; penalty

Section 5-1-17. Minors; public poolroom defined

Section 5-1-18. False report of crime

Section 5-1-19. Calling or summoning ambulance or fire-fighting apparatus without cause.

Section 5-1-20. Obstructing justice by threats or force

Section 5-1-21. Failure to assist law enforcement officers

Section 5-1-22. Illegal use of badges, uniforms and police signals

Section 5-1-25. Possession of open alcoholic beverage containers prohibited

Section 5-1-26. Drinking or possession of alcoholic beverages in or on public school grounds

Section 5-1-27. Drinking alcoholic beverages or tendering to another in public place; penalty Safety.

Article II – Offenses Against Public Morals – Obscenity

Read the language (text) of the laws of Article II, here.

Section 5-2-1. Definitions.

Section 5-2-2. Obscene items enumerated.

Section 5-2-3. Production, publication, sale, possession of obscene items; prohibited.

Section 5-2-4. Obscene exhibitions and performances; prohibited.

Section 5-2-5. Advertising obscene items, exhibitions or performances.

Section 5-2-6. Placards, posters, bills, etc.

Section 5-2-7. Photographs, slides and motion pictures.

Section 5-2-8. Penalties for violation.

Section 5-2-9. Declaration of nuisance; remedy.

Section 5-2-10. Exceptions.

Section 5-2-11. Severability

Article IV (4) – Offenses Relating to Property

Read Article IV and V (relating to property and unlicensed mobile businesses) here.

Section 5-4-1. Trespassing after having been forbidden to do so

Section 5-4-2. Trespass; instigating, trespass by others; preventing service to persons not forbidden to trespass

Article V (5) – Offenses Relating to Unlicensed Mobile Businesses

Section 5-5-1. Unlicensed and unpermitted solid waste collectors

Article VI (6) – Excessive Sound Generation in Residential Areas and Dwellings

Read about the noise/sound code sections here.

Section 5-6-1. Declaration of findings and policy

Section 5-6-2. Definitions

Section 5-6-3. Administration and enforcement

Section 5-6-4. Violations

Section 5-6-5. Exceptions

Section 5-6-6. Sound generation and residential dwellings

Section 5-6-7. Severability

Section 5-6-8. Effect on Chapter 108

Again, please do not hesitate if charged:

If you are staring at a Court Summons or have a loved one who is charged, it makes much mor sense to pick up the phone (or send an email), and talk to a licensed professional who handles criminal cases in Northern Virginia every day. Reach us at 703.665.3719, or leave a text message online.

You may be interested in: Fairfax County on Facebook

The following two tabs change content below.
Brenton D. Vincenzes is a lifelong Fairfax County resident and Fairfax Criminal Defense Lawyer. He is a member of the Virginia Association of Criminal Defense Lawyers, National College of DUI Defense, NORML, and has been awarded the following in 2014-15: Top 100 Trial Lawyer (National Trial Lawyers) Top 40 Under 40 Trial Lawyer (National Trial Lawyers) Nationally Ranked Top 10 Under 40 Defense Attorney (National Academy of Criminal Defense Attorneys) 10 Best in Client Satisfaction for Criminal Defense (American Institute of Criminal Law Attorneys) Nationally Ranked Top 1% Attorney Award Recipient (National Association of Distinguished Counsel) As a local leader, Mr. Vincenzes mentors troubled youths, volunteers his time to serve at his church, takes select pro bono clients, and strives to improve the community. Mr. Vincenzes represents men, women, and juveniles through zealous and diligent advocacy, strategic planning, and skilled trial work preparation. Mr. Vincenzes' areas of criminal law practice are broad, and include most felonies and misdemeanors such as: reckless driving, DUI & DWI, drug offenses, assault and battery, domestic violence, assault on an officer, destruction of property, alcohol offenses, firearm offenses, larceny, shoplifting, embezzlement, fraud, and other theft offenses, and moving traffic violations among others. His private legal services are available in most Northern Virginia jurisdictions, including Fairfax County, Arlington County, Prince William County, Loudoun County, Stafford County, Alexandria, Manassas, Leesburg, South Riding, and other cities and towns.

Speak Your Mind