Loading...
No person shall cruelly ill treat, abuse or inflict unnecessary cruel punishment upon, any infant or minor child, and no person, having the care, custody or control of any minor child, shall willfully abandon or neglect the minor child.
In addition to any penalty provided under this section and any restitution which may be ordered by the court, the court may order any person convicted under the provisions of this section to pay all or any portion of the cost of medical, psychological or psychiatric treatment of the victim, the need for which results from the act or acts for which the person is convicted, whether or not the victim is considered to have sustained bodily injury.
(WVaC 61-8-24)
The custodial parent or parents of any minor child shall be personally liable in an amount not to exceed that specified in West Virginia Code 55-7A-2 for damages which are the proximate result of any one or a combination of the following acts of the minor child:
(a) The malicious and willful injury to the person of another; or
(b) The malicious and willful injury or damage to the property of another, whether the property be real, personal, or mixed; or
(c) The malicious and willful setting fire to a forest or wooded area belonging to another; or
(d) The willful taking, stealing and carrying away of the property of another, with the intent to permanently deprive the owner of possession.
For purposes of this section, "custodial parent or parents" means the parent or parents with whom the minor child is living, or a divorced or separated parent who does not have legal custody but who is exercising supervisory control over the minor child at the time of the minor child's act.
Persons entitled to recover damages under this section shall include, but are not limited to, the State, any municipal corporation, county commission and board of education, or other political subdivision of this State or any person or organization of any kind or character. The action may be brought in magistrate or another court of competent jurisdiction. Recovery hereunder shall be limited to the actual damages, based upon direct out-of-pocket loss, taxable court costs, and interest from date of judgment. The right of action and remedy granted herein shall be in addition to and not exclusive of any rights of action and remedies therefor against a parent or parents for the tortious acts of his or their children heretofore existing under the provisions of any law, statutory or otherwise, or now so existing independently of the provisions of this section.
(WVaC 55-7A-2)
(a) Definitions. For the purpose of this section:
(1) “Custodian” mean a parent, guardian or other adult person having legal responsibility for the care and custody of a minor.
(Ord. 1996-3. Passed 11-4-96.)
(2) “Minor” means any natural person seventeen years of age and under.
(Ord. 2001-1. Passed 1-8-01.)
(3) “Permit” means to knowingly fail to prevent, due to lack of reasonable efforts, to supervise and control.
(4) “Remain” means to unnecessarily tarry, stay, loiter or idle, wander or aimlessly roam. (Ord. 1996-3. Passed 11-4-96.)
(b) Nocturnal Curfew for Minors. Unless accompanied by his or her custodian, or by an adult under authority of a custodian, no custodian shall permit a minor and no minor shall, whether on foot or in a vehicle, wander about without destination or remain in or upon any public street, road, avenue, alley, any other public place, or any private property of another without such property owner’s consent, within the City between 11:00 p.m. and 6:00 a.m. of the following day, except as provided herein below.
No custodian shall permit a minor and no minor shall whether on foot or in a vehicle, wander about without destination or remain in the City park between 7:00 p.m. and 6:00 a.m. of the following day during the months of October 1st through April 30th and between 9:00 p.m. and 6:00 a.m. of the following day during the months of May 1st through September 30th.
(Ord. 1998-10. Passed 12-7-98.)
(c) Defenses. It shall be a sufficient defense to any charge of a violation of subsection (b) hereof:
(1) For the custodian to show that such minor previously had been incorrigible, ungovernable, or habitually disobedient and beyond the control of his or her custodian, or that such minor without just cause and without consent of his or her custodian has repeatedly left home; or
(2) For the custodian or minor to show that such minor was proceeding to any place, or home from any place, where lawfully employed, any meeting, activity or gathering held under the auspices of any church, school or other public function, any political meeting, sporting event, or emergency mission, or upon the basis of some other legitimate excuse or purpose.
(d) Apprehension. Any minor found in violation hereof shall be taken into custody and detained until delivered to the custody of his or her custodian or to an adult authorized by the custodian to receive custody. (Ord. 1996-3. Passed 11-4-96.)
(e) Upon conviction of a violation of subsection (b) hereof, a custodian or minor shall for a first offense be fined not less than fifteen dollars ($15.00) nor more than twenty-five dollars (25.00); for a second offense, not less than twenty-five dollars ($25.00) nor more than thirty-five dollars ($35.00); and for any further offenses, not less than thirty-five ($35.00) dollars nor more than two hundred dollars ($200.00).
(Ord. 2007-12. Passed 8-20-07.)
(a) Definitions. For purposes of this article, the term:
(1) “Tobacco product" and "tobacco-derived product" means any product, containing, made or derived from tobacco, or containing nicotine derived from tobacco, that is intended for human consumption, whether smoked, breathed, chewed, absorbed, dissolved, inhaled, vaporized, snorted, sniffed or ingested by any other means, including but not limited to cigarettes, cigars, cigarillos, little cigars, pipe tobacco, snuff, snus, chewing tobacco or other common tobacco-containing products. A "tobacco-derived product" includes electronic cigarettes or similar devices, alternative nicotine products and vapor products. "Tobacco product" or "tobacco-derived product" does not include any product that is regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
(2) "Alternative nicotine product" means any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. "Alternative nicotine product" does not include any tobacco product, vapor product or product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
(3) "Vapor product" means any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape and size, that can be used to produce vapor from nicotine in a solution or other form. "Vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device. "Vapor product" does not include any product that is regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
(b) 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.
(c) Any firm or corporation that violates any provision of subsection (b) hereof and any individual who violates any provision of subsection (b) hereof is guilty of a misdemeanor and, upon conviction thereof, 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.
(d) 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, is guilty of a misdemeanor and, upon conviction thereof, for the first offense shall be fined not more than one hundred dollars ($100.00); upon conviction thereof for a second or subsequent offense, is guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).
(e) 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)
(f) Use or Possession of Tobacco or Tobacco-Derived Products by Persons Under the Age of Eighteen Years. A person under the age of eighteen years shall not 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; 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 is not considered to violate the provisions of this subsection (f). Any person violating the provisions of this subsection (f) 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)
(a) As used in this section:
(1) "Lit tobacco product" means any lighted pipe, cigarette, cigar, or other lighted device or product containing a tobacco-based product manufactured or made for the purpose of smoking.
(2) "Motor vehicle" means a Class A, Class B, Class H, or Class J vehicle as those terms are defined in West Virginia Code 17A-10-1.
(b) No person who is eighteen years of age or older may smoke or possess a lit tobacco product in a motor vehicle if an individual sixteen years of age or less is in the motor vehicle.
(c) Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25.00). No court costs or other fees may be assessed for a violation of this section.
(d) Enforcement of this section may only be accomplished as a secondary action when a driver of a vehicle, as defined in this section, has been detained for probable cause of violating another section of this Traffic Code.
(e) Each time a driver of a vehicle is detained for probable cause of violating another provision of this Traffic Code and is cited for the offense created pursuant to this section, it shall be considered a single offense regardless of the number of individuals sixteen years of age or less in the motor vehicle. (WVaC 16-9A-11)