City of Chesapeake v. Evans

By Judge Randall D. Smith

This matter is before the Court pursuant to Va. Code § 16.1-131.1, regarding the ruling of the Chesapeake General District Court that Va. Code § 46.2-1054 (incorporated into the Chesapeake Code of Ordinances by Chesapeake Code § 74-4) is unconstitutionally vague. Both parties have filed written briefs, and the Court heard oral arguments of counsel on September 9, 2015. For the reasons that follow, the Court finds that the statute in question is not constitutionally infirm.

As provided by Va. Code § 16.1-131.1 and as conceded by counsel at the hearing on September 9,…