(a) Offenses.
(1) 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 of Vienna, or in any vehicle operating or parked 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.
(2) 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 of Vienna, 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)(1).
(b) 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 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 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 Section 49-7-27(1994).
(c) Enforcement.
(1) Whenever any Vienna City Police Officer and/or any other person charged with the duty of enforcing the laws of the State of West Virginia or the ordinances of the City of Vienna 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 or her name, age and address, as well as the name and address of his or her parent, guardian or other adult person having the care, custody or control of such person.
(2) Whenever any Vienna City Police Officer or other person charged with the duty of enforcing the laws of the State of West Virginia or the ordinances of the City of Vienna 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 of Vienna, or in any vehicle operating or parked thereon, between the hours of 12:00 a.m. and 5:30 a.m., such officer 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 (b) 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 (b) hereof, the Vienna City police officer or other person charged with the duty of enforcing the laws of the State of West Virginia or the ordinances of the City of Vienna may:
A. Charge the person with a violation of this section and release the person on a summons; 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.
(d) Penalties.
(1) Any person under the age of eighteen who is convicted of a violation of subsection (a)(1) hereof shall be assessed a fine of no less than twenty-five dollars ($25.00) and no more than one hundred dollars ($100.00). In lieu of payment of all or part of this fine, the court may provide for the performance of community service.
(2) Any parent, guardian, or other adult person having the care, custody or control of any person under the age of eighteen who is convicted of a violation of subsection (a)(2) hereof shall be assessed a fine of not less than one hundred dollars ($100.00) and no more than two hundred fifty dollars ($250.00).
(Passed 9-26-96.)