Henrico County, VA Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- County Code § 13-22
- Prohibited acts
- Hindering passage or threatening harm
- Covers private property
- Yes, any 'place open to the public'
- Protects assembly
- Lawful assembly, picket, parade exempted
- State authority
- Va. Code § 15.2-926
- Last amended
- 2007, Ordinance No. 1099
Summary
Henrico County bans loitering that blocks pedestrians or vehicles, or that threatens harm to a person or to property, whether it happens on a public street or inside a privately owned place open to the public like a mall or shopping center. The ordinance expressly protects lawful assemblies, pickets, parades and processions.
Loiter means to stand around or remain, or to park or remain parked in a motor vehicle, at a public place or any other place open to the public and to engage in any conduct prohibited under this law. ... It is unlawful for any person to loiter at, on or in a public place or place open to the public in the following manner: (1) To unreasonably hinder, impede or obstruct the free passage of pedestrians or vehicles. (2) To threaten or do physical harm to another person. (3) To threaten or do physical harm to public or private property.
Full Breakdown
County Code § 13-22, "Obstructing free passage," defines loitering broadly: standing around, remaining, or parking and remaining parked in a public place or any place open to the public, while engaging in prohibited conduct, and it extends to a group or crowd gathered together doing the same. "Place open to the public" reaches beyond government property to privately owned shopping centers, malls, places of worship, cemeteries, places of amusement, and the elevators, lobbies, halls and corridors of stores, offices or apartment buildings that the public is invited into.
"Public place" covers streets, roads, highways, alleys, sidewalks, parks, playgrounds, public buildings and grounds, and school property. The ordinance makes it unlawful to loiter in three specific ways: unreasonably hindering, impeding or obstructing the free passage of pedestrians or vehicles; threatening or doing physical harm to another person; or threatening or doing physical harm to public or private property. The section states its own purpose up front, to keep rights-of-way, buildings and public facilities passable while preserving First Amendment rights to speech and assembly, and it expressly carves out lawful assembly, picketing, parades and processions from the prohibition.
2-926, which authorizes localities to regulate loitering, and it traces back to a 1980 code provision renumbered through the 1995 and 2010 recodifications before its current 2007 amendment (Ord. No. 1099).
Violations & Fines
Loitering that unreasonably hinders pedestrian or vehicle traffic, or that threatens physical harm to a person or to property, violates § 13-22 whether it happens on a public street or inside a privately owned place open to the public. The section does not set out its own penalty apart from the general county code violation provisions, and it does not reach a lawful assembly, picket, parade or procession, which the ordinance expressly protects.
Frequently Asked Questions
What counts as illegal loitering in Henrico County?
Does this loitering law apply on private property?
Can Henrico stop a peaceful protest under this law?
What state law lets Henrico regulate loitering?
Sources & Official References
Other rules in Henrico County
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