(a) No person under eighteen years of age, unless emancipated, shall be present upon any street or alley or other public place during any restricted hours, unless such person is accompanied by a parent or guardian, or other person having lawful custody of such minor, or unless in the performance of duties directed by such parent, guardian or other person having custody or unless such person is in lawful employment making it necessary to be in such places between such hours.
(b) No person having the legal care and custody of any person, as described above, shall allow or permit such person to go or be upon any public street, alley or other public place in the nighttime as restricted in subsection (a) hereof, except in case or necessity or emergency.
(c) Every member of the police force while on duty is hereby authorized to detain any minor willfully violating the provisions of subsection (a) hereof until the parent or guardian of the child shall take him or her into custody; but such officer shall immediately upon taking custody of the child communicate with the parent or guardian, the juvenile judge or the juvenile officer working in and for the juvenile court.
(d) A person under the age of eighteen years, unless emancipated, who violates this section is subject to being adjudicated a juvenile delinquent. The municipal court may, in its discretion, impose any dispositional alternatives that are provided under the provisions of West Virginia Code section 49-5-2. Any adult violator shall be guilty of a misdemeanor.
(e) Exceptions. A person under eighteen years of age who is present in a public place during the restricted hours shall not be in violation of this section if such person is:
(1) Accompanied by his parent or guardian.
(2) Accompanied by an adult eighteen years of age or older when said adult is authorized by the parent or guardian of such person under the age of eighteen years to take the parent’s or guardian’s place in accompanying the person under the age of eighteen years for a designated period of time and purpose within the specified area.
(3) Engaged in a lawful employment activity or using a direct route to or from such place of lawful employment and his/her residence.
(4) Reacting or responding to an emergency.
(5) Attending or traveling to or from, by direct route, an official school, religious or recreational activity that is supervised by adults and sponsored by a public or private school, the City or other governmental entity, a civic organization, or another similar entity that accepts responsibility for such person under the age of eighteen.
(6) Exercising First Amendment rights protected by the United States Constitution such as free exercise of religion, freedom of speech, and the right of assembly.
(f) Definitions. As used in this section, the following definitions shall apply:
(1) “Emergency” shall mean an unforeseen combination of circumstances or the resulting state that calls for immediate action. Said term shall include, but is not limited to a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or death. Said term shall also include any action that is reasonably necessary in order to respond to the medical needs of a family member of the underage person regardless of whether such underage person’s actions are taken in order to prevent death or serious bodily injury.
(2) “Guardian” shall mean a person who is appointed by a court of competent jurisdiction to assume the role of a parent of an underage person.
(3) “Parent” shall mean a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person, or a person to whom legal custody has been given by a court of competent jurisdiction.
(4) “Present” shall mean physically in attendance in a public place, whether the same be on foot or as a driver or passenger in an automobile that is situate in a public place.
(5) “Public place” shall mean any place that is generally open to and used by the public or a substantial group of the public, whether it is publicly or privately owned, including but not limited to streets, sidewalks, highways, alleys, rights-of-way, public vehicular areas and parking lots, theaters, restaurants, shops, schools or school grounds, places of business and amusement, playgrounds, parks, and similar areas that are open to or accessible to the public.
(6) “Restricted hours” shall mean on any Sunday, Monday, Tuesday, Wednesday, or Thursday between the hours of 11:00 p.m. and 6:00 a.m., or on any Friday or Saturday between the hours of 12:00 a.m. and 6:00 a.m. (8-11-08.)