(A) This section shall be known and may be cited as “the ordinance regulating the presence and conduct of minors on streets and public places”.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Weston.
CUSTODIAN. Any person over the age of 18 who is in loco parentis to a juvenile.
GUARDIAN. Any person other than a parent who has legal guardianship of a minor.
MINOR. Any person under the age of 18 years.
PARENT. A natural or adopted parent of a minor.
PUBLIC PLACE.
(a) Any street, alley, highway, sidewalk, park, play ground, business, or place to which the general public has access and a right to resort for business attendance, or other lawful purposes.
(b) PUBLIC PLACE shall include, but not be limited to, any street, shop, restaurant, tavern, café, theater, drugstore, pool room, shopping center, or any other place devoted to business, amusement, or entertainment of the general public.
(c) It shall also include front, rear, and sidewalk area of the above.
SHALL. Is always mandatory and not merely directory.
(C) (1) It shall be unlawful for any minor to remain, idle, wander, loiter, stroll, play, or be in or at or upon any public place, either on foot or, without a set destination, in any motor vehicle or on any bicycle or other conveyance in the city between the hours of 10:00 p.m. and 6:00 a.m. Sunday through Saturday unless:
(a) Accompanied by parents, guardian, custodian, or other adult person having legal custody or control of such minor;
(b) Unless the minor is on an emergency errand;
(c) Unless the minor is returning to his or her place of residence from attendance at a public school, church, or athletic or recreational function or activity, at which the minor’s attendance is authorized by his or her parents, guardian, custodian, or other adult person having legal custody or control of such minor; or
(d) Where the presence of such minor is connected with or required by some lawful employment, trade, profession, or occupation.
(2) All minors shall be required to leave and not be on or about any public place within one-half hour of the termination of any of the functions or activities herein mentioned.
(D) It shall be unlawful for any person, firm, or corporation or operator having charge of any public place to knowingly permit or suffer the presence therein of minors between the hours as designated and set forth in division (C) above except as may be authorized and permitted by the provisions thereof.
(E) It shall be unlawful for the parent, guardian, custodian, or other adult person having legal custody or control of any minor to suffer, permit, or allow, or be inefficient or ineffective in the control of minors so as to permit or allow, such minor to be on any street or sidewalk or on or in or about any public property or public place within the city in violation of this section. The provision of this section shall not apply to a minor accompanied by his or her parent, guardian, custodian, or other adult person having the legal care, custody, or control of the minor, or if the minor is on an emergency errand or if the minor is permitted to be on the streets or sidewalks or in public places or public property otherwise by the provisions of this section.
(F) (1) To facilitate in the enforcement of the provisions of this section and to enable minors not to be stopped by police, the sponsor of any special function, activity, or entertainment of any church, school, club, or other organization that requires minors to be out past the curfew hour may register the event in advance with the Chief of Police or his or her designee.
(2) The registration shall state the time the function, activity, or entertainment shall be expected to end. Minors who attend the function, activity, or entertainment shall be required to be off the streets, sidewalks, or public places within one-half hour after the function, activity, or entertainment is ended.
(G) (1) Any police officer, upon finding a minor to be in or on a public street or sidewalk or public place or property in violation of this section, shall ascertain the name and address of such minor, advise the minor that he or she is in violation of this section, and direct the minor to proceed at once to his or her or her home or place of abode.
(2) The police officer shall further immediately report, or attempt to report, such action to the parents, guardian, custodian, or person having legal custody or control of such minor by either telephoning or personally contacting them. If such minor refuses to heed such a warning by any such police officer or refuses to give such police officer his or her correct name and address, or if the minor is later observed to be on any street, sidewalk, public place, or public property, then the minor shall be taken to his or her place of residence or to the Police Department and the parents, guardian, custodian, or other adult person having the legal care and custody of such minor shall be notified to come to the Police Department and take charge of the minor.
(3) If the parents, guardian, or other custodian or other person having the legal care and control of such minor cannot be located or fails to come and take charge of the minor, the minor shall be dealt with in accordance with the juvenile laws of the state, but, in no event, shall be placed in confinement or jail for violation of the provisions of this section.
(Prior Code, § 17-44) (Ord. passed 2-4-1980; Ord. passed 8-7-2006) Penalty, see § 130.999
Statutory reference:
As to child welfare generally, see W. Va. Code Ch. 49
As to cruelty to children, see W. Va. Code 61-8-25 to 61-8-27