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(a) No child under the age of sixteen years shall be upon the streets or in any other public places of the City after the hour of 10:00 p.m. unless accompanied by the parent, guardian, custodian or some adult person lawfully in charge of such child.
(b) No parent, guardian, custodian or other person having the custody of a child under the age of sixteen years shall allow such child to be upon the streets or in other public places in the City after 10:00 p.m., unless accompanied by such parent, guardian, custodian or some adult person lawfully in charge of such child.
(c) This section shall not be construed to prohibit children under the age of sixteen years from attending places of religious worship or meetings held by or under the auspices of the public schools or boy scouts and girl scouts or other like organizations, unaccompanied by the parent, guardian, custodian or other adult person. (1976 Code Sec. 13-33)
(a) No person, by any act or omission, shall contribute, encourage or tend to cause the delinquency or neglect of any child.
(b) In finding a person guilty of contributing to the delinquency of a child, it shall not be necessary to prove that the child has actually become delinquent, if it appears from the evidence that the accused is guilty of conduct or of an act of neglect or omission of duty on his part toward the child which would tend to bring about or to encourage the delinquency
(c) For the purposes of this section, the term "delinquent child" means a person under the age of eighteen years who:
(1) Violates a Federal or State law or a Municipal ordinance;
(2) Commits an act which, if committed by an adult, would be a crime not punishable by death or life imprisonment;
(3) Is incorrigible, ungovernable or habitually disobedient and beyond the control of his parent, guardian or other custodian;
(4) Is habitually truant;
(5) Without just cause and without the consent of his parent, guardian or other custodian, repeatedly deserts his home or place of abode;
(6) Engages in an occupation which is in violation of law;
(7) Associates with immoral or vicious persons;
(8) Frequents a place the existence of which is in violation of law;
(9) Deports himself so as to wilfully injure or endanger the morals or health of himself or others. (1976 Code Sec. 13-35)
No proprietor or any other person in charge of the dance house, concert saloon, theater, museum, motion picture theater or similar place of amusement or other place, where wine, beer or alcohol is sold or given away, or any place of entertainment injurious to the health or morals, or any theater where an R rated or X rated motion picture is exhibited shall admit or permit to remain therein any minor under the age of eighteen years of age unless accompanied by his parent or guardian or other adult with the consent of a parent or guardian. (12-27-83)
(a) Sale or Gift of Tobacco to Persons Under Eighteen. No person, firm, corporation or business entity may sell, give or furnish, or cause to be sold, given or furnished, to any person under the age of eighteen years:
(1) Any pipe, cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco or tobacco product;
(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form; or
(3) Any tobacco-derived product, alternative nicotine product or vapor product.
(b) Any firm or corporation that violates any provision of subsection (a) hereof and any individual who violates any provision of subsection (a) hereof shall be fined fifty dollars ($50.00) for the first offense. Upon any subsequent violation at the same location or operating unit, the firm, corporation or individual shall be fined as follows: at least two hundred fifty dollars ($250.00) but not more than five hundred dollars ($500.00) for the second offense, if it occurs within two years of the first conviction; at least five hundred dollars ($500.00) but not more than seven hundred fifty dollars ($750.00) for the third offense, if it occurs within two years of the first conviction; and at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000) for any subsequent offense, if the subsequent offense occurs within five years of the first conviction.
(c) Any individual who knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of eighteen years any cigar, cigarette, snuff, chewing tobacco, tobacco product or tobacco-derived product, in any form, for the first offense shall be fined not more than one hundred dollars ($100.00); upon conviction thereof for a second or subsequent offense shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).
(d) Any employer who discovers that his or her employee has sold or furnished tobacco products or tobacco-derived products to minors may dismiss such employee for cause. Any such discharge shall be considered as “gross misconduct” for the purposes of determining the discharged employee’s eligibility for unemployment benefits in accordance with the provisions of West Virginia Code 21a-6-3 if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in their termination from employment.
(WVaC 16-9A-2)
(e) Use or Possession of Tobacco or Tobacco-Derived Products by Persons Under the Age of Eighteen Years. No person under the age of eighteen years shall have on or about his or her person or premises or use any cigarette, or cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco products, in any form; or, any pipe, snuff, chewing tobacco, tobacco product or tobacco-derived product; provided, that minors participating in the inspection of locations where tobacco products or tobacco-derived products are sold or distributed pursuant to West Virginia Code 16-9A-7 shall not be deemed to violate the provisions of this subsection (e). Any person violating the provisions of this subsection (e) shall for the first violation be fined fifty dollars ($50.00) and be required to serve eight hours of community service; for a second violation, the person shall be fined one hundred dollars ($100.00) and be required to serve sixteen hours of community service; and for a third and each subsequent violation, the person shall be fined two hundred dollars ($200.00) and be required to serve twenty- four hours of community service. Notwithstanding the provisions of West Virginia Code 49-4- 701, the Magistrate Court has concurrent jurisdiction.
(WVaC 16-9A-3)