James Madison University
Community Coalition on Alcohol Abuse

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Alcoholics Anonymous

City of Harrisonburg, Dept. of Public Transportation

Harrisonburg Police Department

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JMU Sexual Assault Prevention Office

Rockingham County Sheriff

Virginia Department of Alcoholic Beverage Control

A community partnership between Harrisonburg, Rockingham County and James Madison University.

Alcohol Laws

HARRISONBURG CITY LAWS AND ORDINANCES

DRUNK IN PUBLIC Code 16-7-33

If any person profanely curses or swears or be drunk in public, he/she shall be guilty of a Class 4 Misdemeanor. (Fine of not more than $250)

 

OPEN CONTAINER OF ALCOHOL AND DRINKING IN PUBLIC Code 16-8-51

If any person shall take a drink of alcoholic beverage or shall tender a drink thereof to another whether accepted or not, at or in any public place he/she shall be guilty of a Class 4 Misdemeanor.  It shall be unlawful for any person to possess an open container, cup, can, glass, or bottle containing an alcoholic beverage in any city park or playground or on any public street in the city and or in any area open to the general public. (Fine of not more than $250)

 

NOISE ORDINANCE Code 16-10-6

General Prohibition.  No person shall create any unreasonably loud, disturbing and unnecessary noise in the city or noise of such a character, intensity and duration as to be detrimental to the life or health of any person or to unreasonably disturb or annoy the quiet, comfort or repose of any person.

 

COMMONWEALTH OF VIRGINIA LAWS

UNDERAGE POSSESSION OF ALCOHOL

No person to whom an alcoholic beverage may not lawfully be sold shall purchase or possess any alcoholic beverage.  Any person found guilty of this section shall be guilty of a Class 1 Misdemeanor; upon conviction, such person's license to operate a motor vehicle in the Commonwealth may be suspended for a period of not more than one year. (Confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both)

 

KEG LAWS

The purchaser shall sign a statement that the purchaser is 21 years of age; does not intend to allow persons less than 21 years of age to consume the alcoholic beverages purchased, and that the purchaser will not remove or obliterate the keg registration tag affixed to the keg or allow its removal or obliteration.  No person shall remove, alter, deface, or obliterate the registration seal affixed to a keg.  If any non licensee is in possession of a keg containing alcoholic beverages, and which keg does not bear the registration seal, or upon which keg the registration seal has been altered, defaced, or obliterated, the container and its contents shall be deemed to be contraband and subject to seizure and forfeiture.

 

FIRST OFFENSE DUI Code 18.2-270 amended

Mandatory minimum for the first offense DUI.  Provides that there is a mandatory minimum fine of $250 for all first offense DUIs, not just for those offenders with an elevatedblood alcohol content.  HB 217, CH.946.

 

SUBSEQUENT DUI OFFENSE Code 18.2-270 amended

Penalty for driving while intoxicated; subsequent offense.  Creates a mandatory minimum term of 20 days for a second offense within five years, formerly five days; for a second offense within five to ten years, 10 days in jail, formerly no mandatory minimum; for a third offense within ten years, 90 days in jail, formerly 10 days; and for a third offense within five years, 180 days in jail, formerly 30 days.  HB 1147; CH.962.

 

Penalty for driving while intoxicated; subsequent offense.  Increases from 30 days to six months the minimum mandatory sentence for a third offense. DUI committed within five years.  HB 1107; CH.957.

 

BLOOD ALCOHOL CONTENT AND DUI Code 18.2-270 amended

Penalties for driving while intoxicated.  Reduces the blood alcohol content from 0.20 to 0.15 for purposes of mandatory confinement of five days, (10 days for second offense in ten years), and reduces the blood alcohol content from 0.25 to 0.20 for purposes of mandatory confinement of ten days (20 days for second offense in ten years).  HB 667; CH.950.

 

REFUSAL OF BLOOD/BREATH TEST Code 18.2-268.3 amended

Punishment for refusal to give blood or breathtest for DUI.  Makes clear that the act of refusal to give a blood or breath test upon arrest for DUI is a punishable offense.  SB 5007; CH.--, 2004 SpecialSession.

 

IGNITION INTERLOCK

Ignition interlocks may be required for first-time DUI offenders court discretion.  Ignition interlocks are required for second and subsequent DUI offenders, as well as for all offenders with a bloodalcohol content equal to or greater than 0.15.  The cost of the device must be paid by the offender.

 

 

James Madison University
   PUBLISHER: University Health Center, MSC 7901, Harrisonburg, VA 22807 - PHONE: (540) 568-3532 - FAX: (540) 568-7803
   FOR INFORMATION CONTACT: Edie Swartz - Privacy Statement
   Last Modified: 10/8/2007