Portsmouth, VA Public Conduct: Loitering Rules (2026)

Sec. 24-259, "Prohibited conduct in public places," makes it unlawful to unreasonably or unnecessarily obstruct, impede, or restrict the free passage of others along a sidewalk or public plaza, or into or from private property; to lie or sit on a mattress or to lie or sleep on a sidewalk or in a public plaza; to erect or occupy a tent or other temporary protective structure on a sidewalk, plaza, or public parking area; or to lie on a bench on a sidewalk or plaza.

"Public plaza" is narrowly defined to only four named locations: the areas around High Street Landing and North Landing, the public ways along the seawall, the steps and portico of the Main Public Library, and the Middle Street plaza by the Children's Museum of Virginia, so the sidewalk-obstruction and tent rules apply citywide but the sleeping/bench and plaza-specific rules are geographically limited. The ordinance exempts lawful picketing and free-speech activity, anyone experiencing a medical emergency, people watching parades or public events, and orderly ticket lines.

Before charging anyone, Sec. 24-259(d) requires the enforcing officer to first inform the person the conduct is prohibited, direct them to stop and move on, and give a reasonable opportunity to comply; only after noncompliance can a charge be filed, though a second violation within 24 hours of a warning needs no further warning. The section traces to Va. 2-926, the state's grant of authority for cities to prohibit loitering. Sec. 24-261 sets the penalty and makes each day of continued violation a separate offense.