Automatic License Plate Readers Policy

2.2-5517; Use of automatic license plate readers

H. A law-enforcement agency that uses a system shall establish a policy governing such use that is consistent with this section that includes:

1. Training requirements for individuals who will use or access the system;

2. The purposes for which the system can be used or accessed;

3. Procedures to ensure that the databases used by the system to provide notifications as set forth in subsection D are updated at least every 24 hours, or as soon as practicable after such updates become available;

4. Procedures to confirm the accuracy of any notifications made by the system before stopping a vehicle that are consistent with subsection M;

5. A prohibition against downloading system data that is not related to at least one of the purposes set forth in subsection D, except for downloads of audit trail data for purposes of generating audit reports;

6. An internal auditing procedure that occurs at least once every 30 days;

7. Procedures for the retention and destruction of system data and audit trail data that are consistent with subsection E;

8. A prohibition on the sale of system data and audit trail data and restrictions on the sharing of system data and audit trail data that are consistent with subsection F; and

9. Security procedures to protect the system, system data, and audit trail data from unauthorized access, destruction, use, modification, or disclosure.

I. A law-enforcement agency that uses a system shall report to the Department of State Police by April 1 of each year, in a format to be determined by the Department of State Police, on its use of the system during the preceding calendar year, which shall include the following data:

1. The total number of cameras owned or leased by an agency as part of a system at the conclusion of each calendar year, including the number of such cameras designed to be affixed inside or on a motor vehicle, permanently affixed adjacent to a highway, or temporarily affixed or placed adjacent to a highway for purposes of capturing system data;

2. A list of all state and federal databases with which the system data was compared, unless the existence of any such database itself is not public;

3. The total number of times the system was queried, including the specific purposes of the queries, as set forth in subsection D, and the offense types for any criminal investigation;

4. The race, ethnicity, age, and gender of any individual identified as a suspect and charged with a criminal offense as a result of a query of the system as part of a criminal investigation;

5. The number of motor vehicles stopped based on notifications from the system, including the specific reasons for the notifications as set forth in subsection D;

6. The race, ethnicity, age, and gender of the driver of any motor vehicle stopped based on a notification from the system;

7. Whether the agency allows any other law-enforcement agencies to access its system data, and if so, which other agencies have been granted such access;

8. The number of identified instances of unauthorized use of or access to the system, including the nature and circumstances of such instances; and

9. The number of subpoena duces tecum, search warrants, and any other requests received from a third party for system data or audit trail data, including the identity of the entity that requested the issuance of such subpoena duces tecum, executed such search warrant, or requested such data, and whether any data was provided to such entity, unless disclosure of such subpoena duces tecum, search warrant, or request is otherwise prohibited by law.

J. The Department of State Police shall aggregate the data provided pursuant to subsection I and report it to the Governor, the General Assembly, and the Virginia State Crime Commission by July 1 of each year.

K. A law-enforcement agency that uses a system shall publicly post the policy set forth in subsection H and the report set forth in subsection I. Data shall not be publicly posted if it contains personal or case identifying information. If any data (i) contains an articulable concern for any person's safety, (ii) is otherwise prohibited from public disclosure by federal or state statute, or (iii) may compromise sensitive criminal justice information if disclosed, such data may be excluded from being publicly posted.

Trespassing Laws

§ 18.2-119. Trespass after having been forbidden to do so; penalties.

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by or at the direction of such persons or the agent of any such person or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.

Trespassing After Having Been Forbidden

• Entering or staying on another's land without permission or after being told to leave

• Entering property posted with no trespassing or similar signs without permission 

• Entering property in violation of a protective order

Trespass Notices

• Any citizen can complete a Trespass Notice against another, without cause. 

• A Trespass Notice can be obtained from the Sheriff’s Office or by clicking here and served on another or a Trespass Notice can be completed by the citizen and mailed First Class to a citizen. 

• All Trespass Notice need to be copied and submitted to the Sheriff’s Office for verification

Solicitation

Definition of Solicitor: 

• A person who goes from door to door visiting multifamily or single-family dwellings for the following purposes:

• To sell any goods, wares, merchandise or services or accept subscriptions or orders thereof

• To accept or request donations for any charitable purpose

How to Obtain Solicitors Permit:

• To obtain an application to register for a solicitors permit, please visit the Shenandoah County Sheriff’s Office or click here

• Applicants must submit 2 forms of identification (one must have a photograph) and a certified copy of their criminal history along with a completed Solicitors Permit Form to the Sheriff’s Office.   

• The Sheriff’s Office will then conduct any necessary background checks and recommend approval/disapproval of permit. 

• A $15 non-returnable processing fee and if a approved, a $10 permit fee will be collected. 

• Once approved and the permit is obtained, the permit needs to be in plain view at all times while engaged in soliciting and shall make it available for inspection by any person while engaged in soliciting

Soliciting Ordinance:

No person shall:

• Enter into or upon a residential premises in the county under false pretenses to solicit or for the purpose of soliciting orders for the sale of gods, wares, merchandise or services

• Remain in or on any residential premises after the owner or occupant has requested any such person to leave

• Enter upon any residential premises for soliciting when the owner or occupant has displayed a “No Soliciting” sign on such premises. 

• Engage in the practice of soliciting in the county without a permit 

• Knowingly give false information or withhold correct information in obtaining a permit

Violation of this Ordinance:

• Any violation of the provisions of this ordinance shall constitute a Class 1 misdemeanor. 

• Each day that the violation continues to exist shall constitute a separate offense

Eviction Information

STEPS OF THE EVICTION PROCESS:

STEP 1- NOTICE TO TENANT TO START EVICTION PROCESS

• The landlord must give written notice to the tenant of the violation of the lease. A 5-day notice is for failing to pay rent; a 30-day notice is required for all other reasons for eviction. 

• This notice can be served by the landlord in person or by posting or the landlord can have the Sheriff’s Office serve it ($12 per person service fee). 

• You must take a copy of the served notice to the General District Court during the eviction hearing.

STEP 2- SUMMONS FOR UNLAWFUL DETAINER

• After the 5-day period of notice (or 30-day notice) has expired and the landlord has not received satisfaction, the landlord may obtain a Summons for Unlawful Detainer from the General District Court (take your copy of the eviction notice with you to court).

• The court will then issue a summons and set a court date for you and the defendant (s) to appear in court.

• This Summons for Unlawful Detainer is an action taken before judgment by the court, and the summons directs the defendant (tenants) to appear for a hearing.

• The Summons for Unlawful Detainer is the legal process to cover any situation in which the possession of the house, land, or tenement is unlawfully detained by the person (s) in the possession thereof. Va. Code 8.01-124; 8.01-126; and 8.01-296

STEP 3- WRIT OF EVICTION IN UNLAWFUL DETAINER

• When judgment has been awarded in favor of the landlord under a Summons for Unlawful Detainer procedure, the landlord my then obtain a Writ of Eviction in Unlawful Detainer from the court. 

• After the court has given you possession, you must go to the Clerk for a Writ of Eviction

• This writ is the authority of the Deputy Sheriff to remove the tenant (and personal belongings) from the premises and restore possession of the premises to the landlord. Va. Code 8.01-470