(a) Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given herein.
(1) "Town" means the Town of Granville, West Virginia.
(2) "Minor" means any person under the age of eighteen years.
(3) "Parent" means the natural or adoptive parent of a minor.
(4) "Guardian" means any person other than a parent, who has legal guardianship of a minor.
(5) “Custodian” means any person over the age of eighteen years who has put himself or herself in the situation of a lawful parent or guardian by assuming the obligations incident to the parental or guardian relation without going through the legal formalities necessary for adoption or guardianship.
(6) "Public place" means any street, alley, highway, sidewalk, park, playground or place to which the general public has access and right to resort for business entertainment or other lawful purpose. A public place includes but is not limited to any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. "Public place" also includes the front or immediate area of the above.
(b) No minor shall remain idle, wander, stroll or play in any public place either on foot or cruise about by vehicle without a set destination in, about or upon any public place in the Town between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday and between the hours of 11:00 p.m. and 6:00 am. Friday through Saturday unless accompanied by a parent, guardian, custodian or other person having the legal care and custody of such minor, or unless the minor is in the performance of an errand or duty directed by such parent, guardian, custodian or other person having the legal care and custody of such minor, or unless the minor's employment or other legitimate activities make it necessary to be upon such streets or public places during the night after the above specified hours.
(c) No parent, guardian, custodian, or other person having the legal care or custody of any such minor shall allow or permit, or by inefficient control shall allow such minor while under such legal care or custody, to go or be in or upon any of the streets or public places of the Town during the hours specified in subsection (b) hereof, unless there exists a reasonable necessity therefor. However, the provisions of this subsection do not apply to a minor accompanied by his parent, guardian, custodian or other person having the legal care and custody of such minor, or if the minor is on an emergency errand or duly directed by his or her parent, guardian, custodian or other person having the legal care or custody of any such minor, or if the parent, guardian, custodian or other person herein has made a missing person notification to the Police Department.
(d) No person, firm or corporation operating or having charge of any public place shall knowingly permit the presence of minors under the age of eighteen between the hours of 10:00 p.m. and 6:00 a.m. Sunday through Thursday and between 11:00 p.m. and 6:00 a.m. on Friday through Saturday as specified in subsection (b) hereof.
Nothing in this section shall prevent a minor from engaging in a legitimate recreational, cultural or refreshment activity inside a building with the permission of his or her parent and where there is no objection from the manager/supervisor of the relative business or activity.
(e) Any minor attending a special function or entertainment of any church, school, club or other organization that requires such minor to be out at a later hour than that called for in subsection (b) hereof shall be exempt from the provisions of subsection (b) hereof provided the church, school, club or other organization registers in advance with the Chief of Police or the Chief of Police's designee to have the minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within one-half hour after the function is ended.
(f) Procedures.
(1) Any police officer upon finding a minor in violation of subsection (b) hereof shall ascertain the name and address of such minor and warn the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the Chief of the Police Department who in turn shall notify the parents, guardian or person having custody or control of such minor.
(2) If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his or her correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities.
(g) Penalty. Any minor violating the provisions of this section shall be dealt with in accordance with the Juvenile Court law and procedure. Any parent, guardian or other adult having the legal care and custody of a minor violating this section shall, after having been previously notified under subsection (f) hereof, be fined not more than one hundred dollars ($100.00) for each offense. Any person, firm or corporation operating or having charge of any public place who violates subsection (d) hereof shall be fined not more than one hundred dollars ($100.00) for each offense.
Recognizing its continuing responsibility to assure that this section is in the best interest of the general public, Council shall continue to evaluate the needs of this Town; as a part thereof, shall review this section, no later than six months after the date of its adoption and thereafter, if deemed necessary and as recommended by Town administration, amend the same.