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Don’t Wash a Mule on the Sidewalk: Odd Laws, Obsolete Ordinances

The citizens of Culpeper, Va., may no longer worry about washing livestock on public thoroughfares, but according to Jeff Koon and Andy Powell, authors of "You May Not Tie An Alligator To a Fire Hydrant," Virginia has its share of quirky legislation. The two, who were high school seniors in 2002 when they published their book of odd U.S. laws, now maintain a Web site: www.dumblaws.com. While they include a disclaimer that not all laws submitted are possible to verify, most can be traced back to their original sources.

For example, according to Title 21.1-521 of the Virginia Code, it is unlawful to hunt any wild bird or animal on Sunday, except for raccoons, which can be hunted up until 2:00 a.m. Sunday morning. The statute even states that Sunday “… is hereby declared a day of rest for all species of wild bird and wild animal life, except raccoons … .” (See Virginia Code Title 21.1-521.)

Sundays seem to be a stumbling block for legislators in the Old Dominion. Last year, Gov. Mark R. Warner had to call a special session of the General Assembly to correct an error that allowed employees to ask for Sundays or Saturdays off, based on their religion. Businesses could be fined up to $500 for each violation and forced to pay employees triple their wages for working on their day of worship. Carl E. “Buddy” Omohundro Jr., a young associate with the McGuireWoods law firm in Richmond, caught the mistake while doing research for a client. The bill had passed 40-0 in the Senate and 88-9 in the House of Delegates. The legislators had meant to get rid of penalties associated with obsolete Sunday-closing laws, but accidentally kept the laws while removing exemptions for businesses.

And, who can forget HB1981, a proposed law in the most recent General Assembly session that would have imposed a $50 fine on anyone who displayed their underwear in a “lewd or indecent manner.” The law was directed at the baggy pants fad among teens. One delegate who supported the measure proclaimed, “Underwear is called underwear for a reason.” The law made it through the House of Delegates, but died in the Senate.

For the most part, Virginia’s body of law seems reasonable. In Prince William County you can’t own a skunk as a pet. Probably a good idea. Skunks are only one species of prohibited exotic animals, including monkeys, wolves, tigers and crocodiles. Also, Prince William County, in an effort to promote a civil society, prohibits the use of profanity in public. Specifically, it’s a Class 3 misdemeanor if any individual curses or uses abusive language against another. Again, you can’t argue with that.

So, are legislators becoming more sophisticated when it comes to authoring the Old Dominion’s laws? Just a few days ago on July 1, Virginia’s newest laws went into effect. Among statutes reducing the grocery tax or increasing the monthly job benefits is one on flying mammals – bats to be exact. The 2005 General Assembly declared the big-eared bat the official bat of the Commonwealth. The impetus for the official bat came from the Virginia Cave Board, created in 1979 as the Virginia Cave Commission to protect the state’s caves and the creatures in them.

When Gov. Warner signed the legislation on March 22, he composed a verse to celebrate the event. Here’s a sample stanza:

We have a state dog and a fish and a bird
And of the fossil I’m sure you have heard
So why not a bat? What's wrong with that?
The state beverage is no more absurd.

For those of you who don’t know, legislators named a state beverage more than two decades ago. Got milk?

July 11, 2005

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