(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.)