Mathews County, VA
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Mathews County 8-25-1998. Amendments noted where applicable.]

§ 30-1 Statutory authority.

The governing body of the County of Mathews, Virginia, adopts this chapter pursuant to the authority granted in § 15.2-926 of the Code of Virginia of 1950, as amended.

§ 30-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
A. 
11:01 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and
B. 
12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
EMERGENCY
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to a fire, natural disaster, automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT
Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
GUARDIAN
A person who, under court order, is:
A. 
The guardian of the person of a minor; or
B. 
A public or private agency with which a minor has been placed by a court.
MINOR
Any person under 18 years of age.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT
A person who is:
A. 
The natural parent, adoptive parent or stepparent of another person; or
B. 
At least 30 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access, and includes but is not limited to streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN
To linger or stay or fail to leave the premises when requested to do so by a law enforcement officer or the owner/operator or other person in control of the premises.
SERIOUS BODILY INJURY
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

§ 30-3 Offenses.

A. 
A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the county during curfew hours.
B. 
A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the county during curfew hours.
C. 
The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

§ 30-4 Defenses.

A. 
It is a defense to prosecution under § 30-3A that the minor was:
(1) 
Accompanied by the minor's parent or guardian.
(2) 
On an errand at the direction of the minor's parent or guardian, without any detour or stop.
(3) 
In a motor vehicle involved in interstate travel.
(4) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
(5) 
Involved in an emergency.
(6) 
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Sheriff's office of Mathews County about the minor's presence.
(7) 
Attending any official school, religious or other recreational activity supervised by adults and sponsored by the County of Mathews, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the County of Mathews, a civic organization, or another similar entity that takes responsibility for the minor.
(8) 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly.
B. 
It is a defense to prosecution under § 30-3C that the owner, operator or employee of an establishment promptly notified the Sheriff's office of Mathews County that a minor was present on the premises of the establishment during curfew hours and refused to leave.

§ 30-5 Enforcement.

Before taking any enforcement action under this chapter, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 30-4 above is present.

§ 30-6 Violations and penalties. [1]

Any person violating any provision of this chapter for a first offense shall be guilty of a Class 4 misdemeanor which shall be punishable by a maximum fine of $250 and community service not to exceed 50 hours, either or both. Second and subsequent offenses of this chapter within one calendar year of a prior offense or offenses shall be punishable by the maximum penalty allowable under a Class 4 misdemeanor, $250 and 100 hours of community service. A violation of this chapter by a minor shall be disposed of as provided in §§ 16.1-278.4 and 16.1-278.5 of the Code of Virginia.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 30-7 When effective. [1]

This chapter shall be effective at 12:01 a.m. on the 27th day of August 1998 and shall continue to be effective until 12:01 a.m. on the 27th day of August 2006, at which time this chapter shall cease to be effective.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).