[HISTORY: Adopted by the Board of Supervisors of Warren County 6-18-1996.
Amendments noted where applicable.]
An ordinance shall be enacted to establish a nocturnal and school-time
curfew for all juveniles under 18 years of age and regulating their actions
in public places; defining the duties of parents of juveniles and the duties
of operators of establishments; and providing for related matters, including
exceptions, permits, procedures, construction and severability, and penalties
for violations.
As used in this chapter, the following terms shall have the meanings
indicated:
That period ending at 5:00 a.m. and beginning at 11:59 p.m. each
day.
An unforeseen combination of circumstances or the resulting state
that calls for immediate action. The term includes, but is not limited to,
a fire, a natural disaster or an automobile accident or any situation requiring
immediate action to prevent serious bodily injury or death.
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,
entertainment or retail sales.
Any individual, firm, association, partnership, corporation or other
entity operating, managing or conducting the business of any establishment.
The term includes the members or partners of an association or partnership
and the officers of a corporation.
Any person having legal custody of a juvenile:
As a natural or adoptive parent.
As a legal guardian.
As a person who stands in loco parentis.
A person to whom legal custody has been given by order of a court or
in whose care a juvenile has been placed by a court.
Any adult person 18 years of age or over, responsible for the day-to-day
care and custody of a juvenile by arrangement with a parent or guardian of
a juvenile or any person with whom a juvenile resides not in the company of
the juvenile's parent or guardian.
Any place, whether or not on private property, to which the public
or a significant portion of the public has access and includes, but is not
limited to, streets, highways, sidewalks, parks, playgrounds, restaurants,
cafes, taverns, places selling or dispensing alcoholic beverages, arcades,
shops, places of amusement, bowling alleys, theaters, refreshment stands,
places renting or selling video tapes or games, common areas of schools, shopping
centers, parking lots, pawn shops, places of retail sale; common areas of
hotels, motels and apartments; and similar areas that are open to the use
of the public whether in or upon any motor vehicle. As a type of "public place,"
a street is a way or a place, of whatever nature, open to the use of the public
as a matter of right for purposes of vehicular travel or, in the case of a
sidewalk thereof, for pedestrian travel. "Street" includes that legal right-of-way,
including but not limited to the cartway of traffic lanes, the curb, the sidewalks
whether paved or unpaved, and grass plots or other grounds found within the
legal right-of-way of a street.
To stay or fail to immediately leave an establishment or public place
when requested to do so by an operator or police officer or other person in
control of the premises; or to congregate with another juvenile in an establishment
or public place.
A.
It shall be unlawful for any juvenile to be or remain in or upon any establishment or public place within the County of Warren outside the corporate limits of the Town of Front Royal, Virginia, during the hours of the curfew, except as provided in § 84-5.
B.
It shall be unlawful for any parent to knowingly permit,
allow by inaction or to encourage their juvenile child to be present or remain
in or upon any establishment or public place during the hours of the curfew.
The court or jury hearing a charge of violating this chapter may draw an inference
of knowledge and intent of the parent charged to permit, allow or encourage
his/her juvenile child to violate this chapter upon a showing of previous
knowledge or notice to that parent that his/her juvenile child has violated
the curfew provisions of this chapter. It shall, therefore, be no defense
that a parent was completely indifferent to the activities or conduct or whereabouts
of such juvenile.
C.
It shall be unlawful for any operator having control
of any establishment or public place, or the operator of a motor vehicle in
a public place in which a juvenile is a passenger, to knowingly permit, allow
by inaction or to encourage a juvenile to be present or remain in or upon
any establishment or public place during the hours of the curfew.
The following are exceptions to the application of the curfew period
for juveniles:
A.
When a juvenile is in the immediate company of the juvenile's
parent or other adult given temporary custody and control of the juvenile
by the juvenile's parent for a designated time, purpose and specified
area.
B.
When a juvenile is within 100 yards of his residence
and:
(1)
Is on public property; or
(2)
The adult owner or resident of private property which
the juvenile is upon has given permission for the juvenile to be upon the
property and such property owner is present or has given such permission,
in writing, and such written permission is in the possession of the juvenile.
C.
When the juvenile is married or emancipated pursuant
to the laws of the Commonwealth of Virginia.
D.
When the juvenile is engaged in interstate or intrastate
travel through the County of Warren or originating or terminating in the County
of Warren, with the consent of the juvenile's parent, if traveling on
a direct route from point of origination to the point of termination without
any unnecessary detour or stop.
E.
When the juvenile is in the course of legal employment
or traveling to or from the juvenile's place of employment and the juvenile's
residence by a direct route without any unnecessary detour or stop. Such juvenile
must have on his person a written certification from the juvenile's employer
stating the juvenile's hours and days of employment; and a telephone
number and address at which the employer may be contacted.
F.
When the juvenile is attending or traveling to or from
any activity sponsored by any educational or religious organization or nonprofit
voluntary association and the juvenile's residence by a direct route
without any unnecessary detour or stop. Such juvenile must have on his person
a written certification from the juvenile's parent stating the nature
and location of the activity by the juvenile and a telephone number and address
at which the parent may be contacted.
G.
When in the course of any military service, provided
that the juvenile has in his or her possession official military orders or
identification.
H.
When authorized by special permit from the Sheriff, carried
on the person of the juvenile thus authorized, as follows: When specific activities
of a juvenile may be inadequately provided for by other provisions of this
chapter, then recourse may be had to the Sheriff, or his designee, for a special
permit. Upon the findings of a reasonable purpose for the use of a public
place, to the extent warranted upon a written application signed by the juvenile
and by a parent of the juvenile stating the name, date of birth and address
of the juvenile; the name, address and telephone number of a parent thereof;
the height, weight, sex, color of eyes and hair and other physical characteristics
of the juvenile; the purpose that requires the juvenile to remain upon a public
place during the curfew hours otherwise applicable; the public place; and
the beginning and ending of the period of time involved, by date and hour,
the Sheriff may grant a permit, in writing, for the juvenile's use of
a public place, including travel to and from the juvenile's residence
by a direct route without any unnecessary detour or stop, at such hours as
may reasonably be necessary and consistent with the purposes of the permit
and this chapter. In an emergency this may be handled by telephone or other
effective communication, with a corresponding record being made contemporaneously
to the Sheriff or to the person designated by the Sheriff to act on his behalf
in an emergency, at the police station.
A.
If a law enforcement officer has probable cause to believe
that a juvenile is in a public place in violation of this chapter, the officer
shall notify the juvenile that he is in violation of this chapter and shall
require the juvenile to provide his full name, date of birth, address and
telephone number and how to contact his parent or guardian along with their
name, residence address and telephone number. In determining the age of the
juvenile and in the absence of convincing evidence such as a driver's
license, student identification or other official photo identification, a
law enforcement officer shall use his best judgment in determining age. The
law enforcement officer may then charge the juvenile with a violation of this
chapter by summons and release the juvenile on the summons in the same manner
as provided by law for adults, pursuant to Virginia Code § 16.1-260.
B.
Notwithstanding Subsection A of this section, when a law enforcement officer has reasonable grounds to believe that the juvenile is engaged in delinquent conduct, will continue the violation of this chapter, provided the law enforcement officer material false information required by Subsection A, or otherwise meets the requirements of Virginia Code § 16.1-246, the procedure shall then be to take the juvenile to the police station or sheriff's office where a parent or other guardian shall immediately be notified to come for the juvenile.
C.
When a parent or guardian has come to take charge of
the juvenile and the appropriate information has been recorded, the juvenile
shall be released to the custody of such parent or guardian. If the parent
cannot be located or fails to take charge of the juvenile, then the juvenile
shall be released to the juvenile authorities pursuant to Virginia Code § 16.1-247,
except to the extent that in accordance with law enforcement agency policy,
approved in advance by juvenile authorities, the juvenile may temporarily
be entrusted to an adult, neighbor or other person who will, on behalf of
a parent or guardian, assume the responsibility of caring for the juvenile
pending the availability or arrival of a parent or guardian. The law enforcement
officer shall then proceed to request a juvenile petition charging the juvenile
with the violation for which the juvenile was detained.
D.
In the case of a violation of this chapter by a juvenile,
the Sheriff or other law enforcement officer shall cause to be delivered or
mailed to a parent or guardian written notice of the violation, with a warning
that any subsequent violation will result in full enforcement of this chapter,
including enforcement of parental responsibility and of applicable penalties.
E.
In any event, the law enforcement officer shall, within
24 hours, file a written report with the Sheriff or shall participate, to
the extent of the information for which he is responsible, in the preparation
of a report on the curfew violation. It is not the intention of this section
to require extensive reports that will prevent police officers from performing
their primary police duties. The reports shall be as simple as is reasonably
possible and may be completed by police departmental personnel other than
sworn police officers.
Severability is intended throughout and within the provisions of this
chapter. If any provision, including any exception, part, phrase or term,
or the application thereof to any person or circumstance is held invalid,
the application to other persons or circumstances shall not be affected thereby
and the validity of this chapter in any and all other respects shall not be
affected thereby.
Every person who violates any provision of this chapter or any juvenile
who fails to proceed immediately to his/her residence when ordered by a law
enforcement officer or who gives a false name or address to a law enforcement
officer when apprehended in violation of this chapter shall be guilty of a
misdemeanor and, upon conviction, shall be fined not less than $25 nor more
than $1,000; or, in the case of a juvenile, the court hearing the matter may
proceed pursuant to Virginia Code § 16.1-278.4. Each such violation
shall constitute a separate offense.
