§ 23-2. Curfew for minors.
(a)
It shall be unlawful for any minor under the age of eighteen (18) to be present on any street, road, alley, avenue, park or other public place in the city, or in any vehicle operating or parked thereon, between the hours of 11:00 p.m. and 5:00 a.m., unless accompanied by the parent, guardian or other adult person having the care, custody or control of such minor.
(b)
It shall be unlawful for any parent, guardian or other adult person having the care, custody or control of any minor under the age of eighteen (18) to permit, allow or encourage such minor to be present on any street, road, alley, avenue, park or other public place in the city, or in any vehicle operating or parked thereon, between the hours of 11:00 p.m. and 5:00 a.m. in violation of the provisions of subsection (a) of this section.
(c)
Whenever any police or other officer charged with the duty of enforcing the laws of the state or ordinances of the city shall discover or has his attention called to the fact that any minor under eighteen (18) years of age is present on any street, road, alley, avenue, park or other public place in the city, or in any vehicle operating or parked thereon, between the hours of 11:00 p.m. and 5:00 a.m., such officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of such minor is in violation of the provisions of this section. If such investigation reveals that the presence of such 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 such minor. If the officer deems that it will be for the best interest of the minor, the minor may be taken to a nonsecure 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 city and thereafter be released or detained as provided in article 4, chapter 11, title 16.1 (§ 16.1-246 et seq.) of the Code of Virginia. In those cases where a summons is not issued, the officer may proceed as provided in article 5, chapter 11, title 16.1 ( § 16.1-259 et seq.) of the Code of Virginia.
(d)
The provisions of this section shall not apply to any minor who has been emancipated as provided by section 16.1-333 of the Code of Virginia, or to any minor engaged in the following activities:
(1)
Any emergency errand reasonably necessary to safeguard life, limb or property;
(2)
Lawful employment, including going directly from the minor's residence to the place of such employment or returning directly from the place of such employment to the minor's residence;
(3)
Attendance at a specified engagement or performance, attendance at religious services or participation in any assembly or expressive activity protected by the First Amendment of the United States Constitution; provided that the minor shall have in his possession written permission including the signature, address and telephone number, of a parent, guardian or other adult person having care, custody or control of such minor to attend such activity or event, and shall return directly to his residence upon conclusion thereof; or
(4)
Interstate travel through, beginning or terminating in the City of Virginia Beach.
(e)
Any person violating any provision of subsection (b) of this section shall be guilty of a Class 4 misdemeanor. Any minor violating any provision of subsection (a) of this section shall be deemed to be a child in need of services, as defined by section 16.1-228 of the Code of Virginia. Such minor and his parent, guardian, legal custodian or other person stand in loco parentis shall be subject to the provisions of section 16.1-278.4 of the Code of Virginia.
(Code 1965, §§ 23-13.1—23-13.3; Ord. No. 1011, 12-10-79; Ord. No. 1028, 3-10-80; Ord. No. 1317, 8-23-82; Ord. No. 1857, 5-1-89; Ord. No. 2029, 1-15-91; Ord. No. 2223, 5-25-93)
Cross reference— Minors in poolrooms, § 4-2; minors in family table top commercial recreation centers, § 4-55; employing or permitting minors to assist in violation of anti-obscenity provisions, § 22-12; sale or loan of obscene photographs, pictures, etc., to juveniles, § 22-28 et seq.
(Code 1965, §§ 23-13.1—23-13.3; Ord. No. 1011, 12-10-79; Ord. No. 1028, 3-10-80; Ord. No. 1317, 8-23-82; Ord. No. 1857, 5-1-89; Ord. No. 2029, 1-15-91; Ord. No. 2223, 5-25-93)