Code of Virginia

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Code of Virginia
Title 18.2. Crimes and Offenses Generally
Chapter 12. Miscellaneous
11/27/2022

Article 1. Liquefied Petroleum Gas Containers.

§ 18.2-493. Definitions.

As used in this article, unless the text indicates otherwise:

(a) "Person" shall mean any person, firm or corporation.

(b) "Owner" shall mean any person who holds a written bill of sale under which title or ownership to a container was transferred to such person, or any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale.

(c) "Liquefied petroleum gas" shall mean any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butane and isobutane) and butylenes.

Code 1950, § 18.1-400.1; 1970, c. 442; 1975, cc. 14, 15.

§ 18.2-494. Unlawful use of, filling or refilling or trafficking in containers.

No person except the owner thereof or person authorized in writing by the owner shall fill or refill with liquefied petroleum gas, or any other gas or compound, a liquefied petroleum gas container; or buy, sell, offer for sale, give, take, loan, deliver or permit to be delivered, or otherwise use, dispose of, or traffic in a liquefied petroleum gas container or containers if the container bears upon the surface thereof in plainly legible characters the name, initials, mark or other device of the owner; nor shall any person other than the owner of a liquefied petroleum gas container or a person authorized in writing by the owner deface, erase, obliterate, cover up, or otherwise remove or conceal any name, mark, initial or device thereon.

Code 1950, § 18.1-400.2; 1970, c. 442; 1975, cc. 14, 15.

§ 18.2-495. Presumptive evidence.

The use of a liquefied petroleum gas container or containers by any person other than the person whose name, mark, initial or device is on the liquefied petroleum gas container or containers, without written consent, or purchase of the marked and distinguished liquefied petroleum gas container for the sale of liquefied petroleum gas or filling or refilling with liquefied petroleum gas, or possession of the liquefied petroleum gas containers by any person other than the person having his name, mark, initial or other device thereon, without the written consent of such owner, is presumptive evidence of the unlawful use, filling or refilling, or trafficking in of such liquefied petroleum gas containers.

Code 1950, § 18.1-400.3; 1970, c. 442; 1975, cc. 14, 15.

§ 18.2-496. Punishment for violation.

Any person who fails to comply with any of the foregoing provisions of this article is guilty of a Class 3 misdemeanor for each separate offense.

Code 1950, § 18.1-400.4; 1970, c. 442; 1975, cc. 14, 15.

§ 18.2-497. Fines and costs.

The costs incurred in the enforcement of this article shall be assessed and collected in the same manner as in criminal cases, and all fines collected by virtue of this article shall be turned over in the same manner and for the same purposes as criminal and misdemeanor fines are disposed of by law.

Code 1950, § 18.1-400.5; 1970, c. 442; 1975, cc. 14, 15.

§ 18.2-498. Exempt containers.

Nothing in this article applies to or shall be construed to affect a liquefied petroleum gas container having a total capacity of five gallons or less.

Code 1950, § 18.1-400.6; 1970, c. 442; 1975, cc. 14, 15.