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<br />June 28. 2005 <br /> <br />05 - 286 - Adoption of an ordinance allowing a property owner, lessee, or other person <br />in charge of private property to designate the police department to forbid another to go <br />onto or to remain upon lands, buildings or premises as specified in the designation. <br />Vision Principle: Neighborhood and Community Transformation. <br /> <br />Background: <br />. Under normal circumstances, an owner, lessee, or other person lawfully in charge <br />of private property must personally observe and enforce a trespassing violation on <br />private property. <br />. The Code of Virginia, permits the property owner, lessee, or other person in control <br />of the property to designate the local law enforcement agency as the person in charge <br />for the purpose of forbidding a person to go on to or remain on private property. <br />. The locality must have adopted an ordinance allowing such designations. <br /> <br />Discussion: <br />. Portsmouth has a number of vacant structures and properties, as well as those <br />that are owned by senior citizens and absentee landlords. <br />. The persons in charge of such properties may be reluctant, unable, or simply <br />unavailable to observe trespassing violations on such properties, particularly by <br />vagrants and juveniles. <br /> <br />. State law allows a person in charge of private property to designate the local law <br />enforcement agency to enforce the trespassing laws if the locality has adopted an <br />ordinance allowing such designations. <br /> <br />Staff Recommends: <br />Adoption of an ordinance allowing a property owner, lessee, or other person in charge <br />of private property to designate the police department to forbid another to go onto or to <br />remain upon lands, buildings or premises as specified in the designation. Vision <br />Principle: Neighborhood and Community Transformation. <br /> <br />Next Steps Following Council Action: <br />. The City Public Information Officer and the Police Information Officer will publicize <br />the adoption of the ordinance. <br />. The Police Department will compile a list of properties for which they have been <br />designated "persons in charge," will maintain a file containing all such requests, and will <br />enforce the trespassing laws on such private property as necessary. <br /> <br />1. William J. Connolly, 475 Water Street, Unit 201, spoke in support of this item. <br /> <br />"Y Vice Mayor Moody asked that staff report back to Council in six months on how <br />effective this ordinance has been in alleviating problems that some of the residents <br />have had. <br /> <br />"Y Councilman Charles B. Whitehurst asked staff to bring before Council, within 90 <br />days, a policy on homelessness which would allow the City to study the problem, tie <br />in the Churches and non-profit organizations to come up with a realistic solution to <br />the problem. <br /> <br />Motion by Ms. Psi mas, and seconded by Mr. Whitehurst, to adopt the following <br />ordinance, and was adopted by the following vote: <br /> <br />"AN ORDINANCE TO ADD A NEW SECTION TO THE PORTSMOUTH CITY CODE, <br />SECTION 24-311, DEALING WITH AUTHORIZATION OF THE PORTSMOUTH <br />POLICE DEPARTMENT TO ARREST PERSONS FOR TRESPASSING ON PRIVATE <br />PROPERTY." <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br />