Heather Bell
RADFORD – Radford City Council has unanimously approved a limit on gatherings in the city to 50 or fewer people through the end of August, and will take up the issue of fines for not wearing masks at its Monday meeting.
Penalties for hosting or being at a gathering of more than 50 people can include fines for the host or hosts of up to $300 and up to $150 for people who do not leave the gathering once advised to do so by police.
However, Radford Commonwealth’s Attorney Chris Rehak has indicated in a email to city council his office does not plan to prosecute violators of Ordinance 1734: Temporary Measures for Certain Establishments and Gatherings.
In an email, Rehak writes:
“Greetings:
As you may know, my office is not obligated to prosecute misdemeanor crimes.
Virginia Code § 15.2-1627. Duties of attorneys for the Commonwealth and their assistants.
No attorney for the Commonwealth, or assistant attorney for the Commonwealth, shall be required to carry out any duties as a part of his office in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of his county or city; of drafting or preparing county or city ordinances; of defending or bringing actions in which the county or city, or any of its boards, departments or agencies, or officials and employees thereof, shall be a party; or in any other manner of advising or representing the county or city, its boards, departments, agencies, officials and employees, except in matters involving the enforcement of the criminal law within the county or city.
The attorney for the Commonwealth and assistant attorney for the Commonwealth shall be a part of the department of law enforcement of the county or city in which he is elected or appointed, and shall have the duties and powers imposed upon him by general law, including the duty of prosecuting all warrants, indictments or informations charging a felony, and he may in his discretion, prosecute Class 1, 2 and 3 misdemeanors, or any other violation, the conviction of which carries a penalty of confinement in jail, or a fine of $500 or more, or both such confinement and fine.”
“Nonetheless,” he continues, ” for 20-plus years I have prosecuted misdemeanor cases and will continue to participate assisting police and representing victims of these crimes.
“However, for a variety of reasons my office will not be prosecuting any COVID-19 “emergency” Radford City ordinances. The Radford City Attorney should be consulted about planning, logistics, scheduling court dates and policy questions about warnings, enforcement, liability concerns, citations, etc.”
The ban on large gatherings was passed during a special city council meeting held Tuesday. City Council was also set to consider a civil fine for people found not wearing masks,but that measure, Ordinance 1735: Temporary Measures for the Use of Face , was tabled until Monday’s meeting.
“We tabled the local mask requirement until Monday with the thought of increasing education and awareness and encouraging all citizens to wear masks if health will allow,”said Radford Mayor David Horton in a Facebook message on Tuesday. “We didn’t go quite as far as planned tonight but have chosen to try several approaches to keep our citizens safe.”
Monday’s Radford City Council meeting is set for 7 p.m. in Council Chambers at 10 Robertson St.
