[HISTORY: Adopted by the Board of Supervisors of Amelia County 5-17-1995. Amendments noted where applicable.]
A. 
This chapter shall be known as "An Ordinance Establishing a Curfew for Minors for the County of Amelia, Virginia."
B. 
Consistent with § 15.2-926 of the Code of Virginia, 1950, as amended, the County of Amelia Board of Supervisors herein adopts a curfew for minors as set forth herein within the geographic boundaries of the Amelia Courthouse Sanitary District of the County of Amelia, Virginia, as defined herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
For the purposes of this chapter, the following terms shall be defined as follows:
MINOR
Any person under the age of 16 years.
PUBLIC PLACE
Any area that is used or held out for use by the public, whether owned or operated by public or private interests, and shall include, without limitation, any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, places of amusement, hotel dining areas, lobbies, and corridors of hotels, and any highway, street, lane, park, or place of public resort or amusement.
SANITARY DISTRICT
The geographic boundaries of the Amelia Courthouse Sanitary District of the County of Amelia, Virginia, as originally ordered by the Judge of the Circuit Court of January 31, 1961, and further ordered to be enlarged by the Judge of the Circuit Court on February 24, 1994; those boundaries (metes and bounds) having been duly recorded with the Clerk of the Circuit Court, Amelia, Virginia, in Order Book 14 at pages 15 and 16 and Order Book 21 at pages 829 through 831.
A. 
It shall be unlawful for any parent, guardian or other adult person having the care and custody of any minor to knowingly permit, allow or encourage such minor to be and remain in and upon any public place in the Sanitary District between the hours of 11:00 p.m. and 5:00 a.m. of the following day, unless such minor is accompanied by such parent, guardian or other adult person having the care and custody of such minor or the minor is on an emergency errand or legitimate business and has a written statement to that effect signed by such parent, guardian or other adult person having the care and custody of such minor.
B. 
It shall be unlawful for any minor to be and remain in and upon any public place in the Sanitary District between the hours of 11:00 p.m. and 5:00 a.m. of the following day, unless such minor is accompanied by his or her parent, guardian or other adult person having the care and custody of such minor or the minor is on an emergency errand or legitimate business and has a written statement to that effect signed by his or her parent, guardian or other person having the care and custody of such minor.
C. 
Whenever any officer charged with the duty of enforcing the laws of this state, this chapter or other ordinances of this County shall discover or have his or her attention called to the fact that any minor is in or on any public place located within the boundaries of the Sanitary District between the hours of 11:00 p.m. and 5:00 a.m. of the following day, the officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of such minor is in violation of this section. If such investigation reveals that such presence of such minor is in violation of this chapter, the officer shall take the name and address of such minor and the name and address of the parent, guardian or other person having the care and custody of such minor and shall issue a summons or otherwise notify such minor and such parent, guardian or other person having the care and custody of such minor, in writing, to appear before the Judge of the Juvenile and Domestic Relations Court at a time to be specified in such summons or notice to be there dealt with according to this chapter and the laws of the state applicable thereto. The officer shall also order such minor to forthwith proceed to his or her home or place of abode, and, should such minor refuse or fail to do so, the officer shall take such minor to his or her home or place of abode should he or she deem such advisable.
D. 
Should any such minor refuse to give such officer his or her name and address or the name and address of his or her parent, guardian or other adult person having the care and custody of such minor, such officer shall take such minor to the Sheriff's offices and there detain him or her until such time as such minor can be turned over to the officers of the Juvenile and Domestic Relations Court to be dealt with in the manner required by law.
A. 
Every person who violates any of the provisions of § 39-2A or B of this chapter shall be guilty of a Class 4 misdemeanor.
B. 
Every person who shall fail to proceed forthwith to his home or place of abode when so ordered by a law enforcement officer as designated in this chapter or who shall knowingly give a false name or false address to such officer shall be guilty of a Class 2 misdemeanor.
Should any section or provision of this chapter be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part to be held to be unconstitutional or invalid.
This chapter was duly considered, following a required public hearing held on May 17, 1995, and was adopted by the County of Amelia Board of Supervisors on May 17, 1995.