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).
- Offenses Against Public Peace and Safety
- Offenses Against Public Morals—Obscenity
- Offenses Related to Property and/or Unlicensed Mobile Businesses
- Excessive Sound Generation in Residential Areas and Dwellings
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?
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.
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