(a) It shall be unlawful for any person under the age of eighteen to be present on any street, road, alley, avenue, park or other public place in the City, or in any vehicle operating or parked thereon between the hours of 12:00 a.m. and 5:30 a.m., unless accompanied by the parent, guardian or other adult person having the care, custody or control of such person.
(b) It shall be unlawful for any parent, guardian or other adult person having the care, custody or control of any person under the age of eighteen to permit, allow or encourage such person to be present on any street, road, alley, avenue, park, or other public place in the City, or in any vehicle operating or parked thereon, between the hours of 12:00 a.m. and 5:30 a.m., in violation of the provisions of subsection (a) hereof.
(c) Exceptions. The provisions of subsection (a) hereof shall not apply to the following persons:
(1) Any person under the age of eighteen who is accompanied by his or her parent, guardian or other adult person having the care, custody, or control over such person.
(2) Any person under the age of eighteen who is engaged in, or traveling to or from, lawful employment between the hours of 12:00 a.m. and 5:30 a.m.
(3) Any person under the age of eighteen who is performing an errand or legitimate business pursuant to instructions from his or her parent, guardian or other adult person having the care, custody or control over such person.
(4) Any person under the age of eighteen who is involved in an emergency concerning the person or property of himself, herself, or another.
(5) Any person under the age of eighteen who is traveling to or from school or church sponsored activities, or from other activities supervised by an adult.
(6) Any person under the age of eighteen who has been declared an emancipated minor pursuant to the provisions of West Virginia Code 49-7- 27.
(d) Enforcement.
(1) Whenever any City police officer or other person charged with the duty of enforcing the laws of the State or the ordinances of the City shall reasonably suspect that a person under the age of eighteen is in violation of subsection (a) hereof, he or she shall have the authority to reasonably stop and momentarily detain such person to obtain his/her name, age, telephone number and street address, as well as the name, address and telephone number of his/her parent, guardian or other adult person having the care, custody or control of such person.
(2) Whenever any City police officer or other person charged with the duty of enforcing the laws of the State or the ordinances of the City shall discover that any person under the age of eighteen is present, on any street, road, alley, avenue, park, or other public place in the City, or in any vehicle operating or parked thereon, between the hours of 12:00 a.m. and 5:30 a.m., such officer or other person charged with the duty of enforcing the laws of the State or the ordinances of the City shall make an immediate investigation of the circumstance surrounding the apparent violation of subsection (a) hereof for the purpose of ascertaining whether or not the presence of such person meets one of the exceptions provided in subsection (c) hereof.
(3) If such investigation reveals that such person under the age of eighteen is in violation of subsection (a) hereof and does not qualify under one of the exceptions provided in subsection (c) hereof, the City police officer or other person charged with the duty of enforcing the laws of the State or the ordinances of the City may:
A. Charge the person with a violation of this section and release the person on a summons; and/or
B. Cause the person to be taken to his home or place of residence, and released to his parent, guardian or other adult person having the care, custody or control of such person.
(Ord. 0-874. Passed 5-12-98.)