§ 28-40. Unlawful use, possession, etc., of registered bottles or other receptacles.

(a)

It shall be unlawful for any person, other than the owner or the agent or licensee thereof, to take, use, convert or destroy, or have unlawfully in his possession, ship, or attempt to ship, or to fill or refill, without the consent of the owner, or of some person duly authorized, any bottles or other receptacles registered by the owner in accordance with Sections 59.1-94 and 59.1-95 of the Code of Virginia.

(b)

Any person violating this section shall be deemed guilty of a misdemeanor and shall be punished, for the first offense, by imprisonment for not less than ten (10) days nor more than one (1) year, or by a fine of five dollars ($5.00) and, in addition thereto, fifty cents ($0.50) for each such bottle or other receptacle involved in such violation, or by both such fine and imprisonment. For each subsequent violation, such person shall be punished by imprisonment for not less than twenty (20) days nor more than one (1) year, or by a fine of not less than fifty dollars ($50.00) and, in addition thereto, one dollar ($1.00) for each bottle or other receptacle involved in such violation, or by both such fine and imprisonment.

(Ord. No. 173, § 69; Code 1961, § 25-7)

(Ord. No. 173, § 69; Code 1961, § 25-7)