Warren OKs new loitering penalties

Officials drop option that allowed jail time for certain behavior

By Linwood Outlaw III -- loutlaw@nvdaily.com

FRONT ROYAL -- The Warren County Board of Supervisors has approved new penalties for public loitering that will make violations a class 3 misdemeanor.

County officials initially considered ordinance changes that would have allowed authorities to charge violators with a class 2 misdemeanor. However, Assistant County Attorney Dan N. Whitten said officials decided to change the offense to a class 3 misdemeanor in order to punish violators without the possibility of giving them jail time. The ordinance, which was unanimously adopted by the supervisors on Tuesday night, was designed particularly to allow the Warren County Sheriff's Office to invoke the prohibition of loitering in public places such as local parks, river access points, and parking lots.

According to language contained in the new ordinance, loitering means "to stand around or remain, or to park or remain parked in a motor vehicle at a public place and to engage in any" unlawful conduct. Public places, as defined in the ordinance, include "any place to which the general public has access and a right to resort for business, entertainment, or other lawful purposes," such as the front or immediate area of a store. County Attorney Blair Mitchell has said the ordinance particularly seeks to keep people from impeding the free and uninterrupted passage of vehicles, traffic or pedestrians.

Also on Tuesday, the supervisors:

* Voted 4-1 to implement ordinance changes that will add residential facilities as a use permitted by-right in the agricultural, residential-one, residential-two, rural residential, village residential and suburban residential zoning districts. The board also voted to remove group homes from the list of uses allowed by a conditional-use permit in the agricultural, residential-two and village residential districts.

Supervisors Vice Chairman Glenn L. White voted against adopting the modifications. White said he felt the new laws, which were proposed by the county attorney's office in order to bring the zoning ordinances into compliance with legislation that was recently adopted by the General Assembly, interfere with the county's attempt to control growth.

* Authorized Warren County Sheriff Daniel T. McEathron to purchase three police-packaged Chevrolet Impalas, a Chevrolet Tahoe 2X4, and a 4X4 Ford Explorer. The total cost of the five vehicles is $111,921. Funding for the department's new vehicles will come from money approved under this fiscal year's budget. The vehicles are needed to replace older ones with high mileage, McEathron said.