§ 18-3. Curfew.

(a)

Purposes of juvenile curfew restrictions. The purposes of the juvenile curfew restrictions imposed under this section are as follows:

(1)

To protect juveniles themselves and other citizens, residences and visitors of the town from the dangers of crimes which occur on sidewalks, streets and public places generally and in establishments open to the public, during late night or early morning hours;

(2)

To reduce the amount of criminal activity engaged in by juveniles; and

(3)

To promote and enhance parental control over juveniles.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Curfew hours means the period of time between 12:00 midnight and 5:00 a.m. for minors 16 and 17 years of age, and shall mean the period of time between 10:00 p.m. and 5:00 a.m. for minors 15 years of age and under.

Establishment means any place of business, organization, club, storehouse, place for assembly, office or other place of any entities and their respective real estate, including, but not limited to, any place of amusement or entertainment other than private residence.

Legal guardian means a person or agency appointed by a court to act in the role of a parent.

Minor means any person under 18 years of age other than an emancipated minor.

Public place means any street, sidewalk, bridge, alley, alleyway, plaza, park, public grounds, public driveway, public parking lot, public transportation facility or inside a motor vehicle in or on any place.

(c)

Juvenile curfew offenses; minors, adults, business establishments.

(1)

It shall be unlawful for a minor to be present at or remain in any public place or on the premises of any establishment within the town during curfew hours.

(2)

It shall be unlawful for a parent or legal guardian of a minor to knowingly permit, or by insufficient control to allow the minor to be present at or remain in any public place or on the premises of any establishment within the town during curfew hours.

(3)

It shall be unlawful for the proprietor, manager or other person having charge or control of an establishment to knowingly allow a minor, other than an employee, to remain upon the premises of the establishment during curfew hours.

(d)

Exceptions to juvenile curfew restrictions.

(1)

Subsection (c) of this section, and the offenses stated therein, shall not be applicable in any circumstances in which:

a.

The minor was accompanied by the minor's parent or legal guardian, or other adult who has been granted legal court-ordered custody of the minor or other adult 18 years of age or older who has the express verbal or written permission of the child's parent, legal guardian or court-ordered custodian to accompany and control the child;

b.

The minor was on a legitimate emergency errand at the direction of the minor's parent or legal guardian, without any detour or stop, or the minor was otherwise involved in a legitimate emergency circumstance;

c.

The minor was engaged in an employment activity, or going to or returning home from an employment activity, without detour or stop;

d.

The minor was attending a specific engagement sponsored by a town, county or state agency or religious services or participation in any assembly or expressive activity protected by the First Amendment of the United States Constitution or responding to an emergency call as an active member of Victoria Fire and Rescue, Inc., and shall return directly to his residence upon conclusion thereof;

e.

Interstate travel through, beginning or terminating in the town; and/or

f.

The minor was on or within 100 feet of the real estate upon which the minor's residence is located.

(2)

Subsection (c)(3) of this section, and the offense stated therein, shall not be applicable in any circumstance in which the proprietor, manager or other person having charge or control of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and the minor refused to leave.

(e)

Enforcement.

(1)

Before taking any enforcement action against a minor under this section, a police officer shall first afford the apparent offender an opportunity to offer proof of age and to establish a lawful reason for being in the public place or establishment.

(2)

Whenever any police or other officer charged with the duty of enforcing the laws of the state or ordinances of the town shall discover or has his attention called to the fact that any minor may be in violation of this section, the officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of the minor is in violation of the provisions of this section, the investigation reveals that the presence of the minor is in violation of the provisions of this section, the officer may charge the minor with a violation of this section and release the minor on a summons, or the officer may cause the minor 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 the minor. If the officer deems that it will be for the best interest of the minor, the minor may be taken to a non-secure state certified crisis center or juvenile shelter, or the minor may be taken to the intake division of the Juvenile and Domestic Relations District Court of the county and thereafter be released or detained as provided in Code of Virginia, title 16.1, ch. 11, art. 4 (Code of Virginia, § 16.1-246 et seq.). In those cases where a summons is not issued, the officer may proceed as provided in Code of Virginia, title 16.1, ch. 11, art. 5 (Code of Virginia, § 16.1-259 et seq.).

(Code 1967, § 12-10; Code 2009, § 131.007; Ord. of 1-12-1999)

(Code 1967, § 12-10; Code 2009, § 131.007; Ord. of 1-12-1999)