(a) No minor under the age of eighteen years 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 buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m. of the following day; provided, however, that the provisions of this subsection shall not apply to a minor accompanied by his 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. 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 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; or
(2) Require the child to participate in a public service project under such conditions as the court prescribes.
(b) No parent, guardian or other adult person having the care and custody of a minor under the age of eighteen years shall knowingly permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m. of the following day; provided, however that the provisions of this subsection shall not apply when the minor is accompanied by his 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 where the minor is lawfully employed and is going to or from the place of such employment or is engaged in the duties thereof. Whoever violates this subsection will be subject to the penalty set out in Section 501.99.
(Ord. 1837. Passed 12-16-93.)