(a) No person under the age of eighteen years of age shall loiter, idle, wander, stroll, or play in or upon the streets, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public building places of amusement and entertainment, vacant lots or other unsupervised places after 10:00 p.m.
(b) Curfew for Persons Under the Age of Eighteen. No person under the age of eighteen years will be allowed upon the streets of Marmet after 10:00 p.m. unless they are accompanied by their parent, guardian or other adult person having the care and custody of the minor or where the minor is upon an emergency errand or legitimate business directed by his parent, guardian or other adult person having the care and custody of the minor or while the minor is legally employed and is going to or from the place of such employment or is engaged in the duties thereof.
(c) Parents or Legal Guardian. No parent or legal guardian shall allow his or her child under the age of eighteen years to be upon the streets of Marmet after 10:00 p.m. unless said child is accompanied by a parent, legal guardian or adult person having the care and custody of the minor.
(d) Penalty. Any minor violating the provisions of this subsection shall be deemed a status offender under the provisions of the state law and shall be dealt with as such under the provisions of state law. Pursuant to the provisions of the West Virginia Code 49-5-13B the Court may enter an order imposing one or more of the following penalties, conditions and limitations:
(1) Impose a fine not to exceed one hundred dollars ($100.00) upon such child;
(2) Require the child to participate in public service projects under such conditions as the court prescribes.
(3) Whoever violates this subsection (parent, guardian or other person having the care and custody of a minor child under the age of eighteen years) will be subject to thirty days in jail or a $500.00 fine or both.
(Passed 4-17-06)