(a) Definitions.
(1) "Minor" means any person under the age of eighteen years.
(2) "Public place" means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place includes, but is not limited to, any street, highway, parking lot, sidewalk, park, playground, store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, game room, pool room, bus station or shopping center.
(b) Established For Minors.
(1) No minor shall remain, loiter, idle, wander, stroll, play, or drive, park or ride in or upon a vehicle which is driven or parked in a public place in the City during the following time:
A. Between the hours of 11:00 p.m. and 6:00 a.m. of the following day, Sunday through Thursday, and
B. Between the hours of 1:00 a.m. and 6:00 a.m. on Saturday and Sunday;
provided, however, that the provisions of this section shall not apply to
1. A minor accompanied by his parent, guardian or other adult person having the care and custody of the minor;
2. A legally employed minor who is going to or from the place of his employment;
3. A minor who is on an emergency errand; or
4. A minor who is exempt from the penalties of this section pursuant to subsection (d) hereof.
(2) Any minor who violates this section shall be deemed a status offender as defined in West Virginia Code Chapter 49 and shall be dealt with pursuant to the provisions of that chapter.
(c) Parent's Responsibility. No parent, guardian or other adult having custody or control of any minor shall knowingly permit, or permit by inefficient supervision, such minor to remain, loiter, idle, wander, stroll, play or drive, park or ride in or upon a vehicle which is driven or parked in a public place in the City during the following times:
(1) Between the hours of 11:00 p.m. and 6:00 a.m. of the following day, Sunday through Thursday, and
(2) Between the hours of 1:00 a.m. and 6:00 a.m. on Saturday and Sunday;
provided, however, that the provisions of this section shall not apply to the parent, guardian or the adult having custody or control of
A. A minor accompanied by his parent, guardian, or other adult person having the care and custody of the minor;
B. A legally employed minor who is going to or from the place of such minor's employment or is engaged in the duties of such employment;
C. A minor who is on an emergency errand; or
D. A minor who is exempt from the penalties of this section pursuant to subsection (d) hereof.
(d) Special Functions; Hardship.
(1) Any minor who is or was attending a special function of any church, school, club or other organization that requires such minor to be out at a later hour than that allowed by subsections (b) and (c) hereof shall be exempt from the penalties of subsection (b) hereof provided the Chief of Police or in the Chief's absence, the Mayor, grants an exemption to the organization holding the function. An organization shall apply in writing for an exemption at least twenty-four hours before such function is scheduled to begin, stating the name of the organization and the individual applicant, the nature of the function and the time such function is scheduled to end. The Chief of Police or in the Chief's absence, the Mayor, shall decide whether to grant an exemption. Such exemptions shall be in writing and shall state a reasonable time period during which a minor who is or was attending such special function shall be exempt from the operation of the curfew provisions.
(2) Council shall have the right upon application to exempt a minor from the penalties of subsection (b) hereof when such minor's compliance with the section would result in undue hardship to the minor or to his family, parents, guardian or other adult having custody or control of such minor. Application for such exemption shall be in writing and shall state the name of the minor and the reason for requiring the exemption.
(Ord. 88-09. Passed 8-16-88.)