509.01 Disorderly conduct.
509.02 Loitering on school property.
509.03 Curfew.
509.04 Wearing masks, hoods or face coverings.
509.99 Penalty.
CROSS REFERENCES
Authority to maintain order - see W. Va. Code 8-12-5
(19), (44)
Crimes against the peace - see W. Va. Code Art. 61-6
Intoxication or drinking in public places - see GEN. OFF. 521.06
Breach of peace with weapon - see GEN. OFF. 545.02
(a) No person shall, in a public place, any State or Municipal office or office building or any other property owned, leased, occupied or controlled by the State or Municipality, a mobile home park, a public parking area, a common area of an apartment building or dormitory, or a common area of a privately owned commercial shopping center, mall or other group of commercial retail establishments, disturb the peace of others by violent, profane, indecent or boisterous conduct or language or by the making of unreasonably loud noise that is intended to cause annoyance or alarm to another person, and who persists in such conduct after being requested to desist by a law-enforcement officer acting in his or her lawful capacity: provided, that nothing in this subsection should be construed as a deterrence to the lawful and orderly public right to demonstrate in support or protest of public policy issues.
(b) For purposes of this section:
(1) "Mobile home park" means a privately-owned residential housing area or subdivision wherein the dwelling units are comprised mainly of mobile homes and wherein the occupants of such dwelling units share common elements for purposes of ingress and egress, parking, recreation and other like residential purposes.
(2) "Mobile home" means a moveable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:
A. Units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity, and
B. Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.
(3) "Public parking area" means an area, whether publicly or privately owned or maintained, open to the use of the public for parking motor vehicles.
(WVaC 61-6-1b)
No person, not a student in regular attendance, shall loiter in or about any school, school building or school grounds in violation of any posted rules or regulations governing the use of any such school without written permission from the principal. (WVaC 61-6-14a)
(a) Definitions. For the purpose of this section:
(1) “Custodian” means a parent, guardian or other adult person having the legal responsibility for the care and custody of a minor.
(2) “Minor” means any natural person up to eighteen years of age.
(3) “Permit” means to knowingly or to fail to prevent, due to lack of reasonable efforts, to supervise and control.
(4) “Remain” means to unnecessarily tarry, stay, loiter or idle.
(b) Nocturnal Curfew for Minors. Unless accompanied by his or her custodian, no minor, whether on foot, or in a vehicle, shall wander about without destination or remain in or upon any public street, road, avenue, alley, park or other public place between 11:00 p.m. and 6:00 a.m. of the following day. This restriction shall not apply to any minor who is engaged in an emergency mission. Nor shall it apply to any minor who needs to remain in public to perform a reasonable errand under his or her custodian’s direction, or who needs to remain in public because of his or her legitimate employment, trade, profession or other occupation.
(c) Liability of Custodians of Minors. No custodian shall permit a minor under his or her control to wander about or to remain in or about any public street, road, avenue, alley, park or other public place, as prohibited by subsection (b) hereof, except in case of necessity.
(d) Enforcement Procedures.
(1) If a police officer reasonably believes that a minor is wandering about without destination or has remained in or upon a street or other public place in violation of subsection (b) hereof, the officer shall warn the minor that he is in violation of the curfew and request the minor to give his or her complete name and address, and how to contact his or her custodian. The officer shall then direct the minor to proceed immediately to his or her home or other visual dwelling place.
(2) If the minor fails to obey these directions or refuses to furnish the officer with the requested identification information, or has been subjected to a prior curfew warning that same night, the officer shall take such minor to the Police Department. The Police Department shall then contact the minor’s custodian and request that he or she come to the police station and accept release of the minor. If the custodian cannot be contacted, or if he or she fails to come to accept release, the minor shall be released to the West Virginia Department of Welfare.
(e) Penalty.
(1) Any minor violating the provisions of this section shall be dealt with according to the provisions of West Virginia Code Chapter 49.
(2) Any custodian violating the provisions of this section shall be fined not more than one hundred dollars ($100.00), or be confined in the County Jail not to exceed thirty days, or both fined and imprisoned, plus costs of prosecution.
(Ord. 560. Passed 4-1-96.)
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