§ 28-4. Curfew for certain minors.
(a)
Intent. Council enacts this section prescribing, in accordance with prevailing community standards, regulations for the conduct of minors in public places at night, for the good of minors, for the support and furtherance of the institution of the family, and for the general public good, safety and welfare. Council does not intend hereby to prohibit or interfere with any lawful activity. Council intends hereby to ensure that minors in public places at night after curfew are provided with responsible adult supervision, and to promote and enhance parental control over minors.
(b)
Factfinding. Council finds that the curfew for certain minors section has been a significant factor in deterring juvenile delinquency in the past, and that it should now be updated and amplified in compliance with changes in the law and in response to increases in drug related crime and crime in general within the city. Council further finds that Newport News' stability as a community is based on the institution of the family; that parental responsibility for the whereabouts of their children is the norm; and that legal sanctions to enforce such responsibility, because they encourage parental responsibility, decrease juvenile delinquency. Council further finds that youths at night are more vulnerable to crime and peer pressure than adults; that minors lack experience, perspective and judgment to recognize and avoid detrimental choices such as drugs, alcohol and crime; and that the city's restriction on minors' movement after 10:00 p.m. Sunday through Thursday and after 11:00 p.m. on Friday and Saturday reinforces parental authority and home life, and encourages parents to actively supervise their children.
Council is aware that proceedings before a Juvenile and Domestic Relations Court pursuant to this section constitute status offenses governed by Code of Virginia, 1950, Section 16.1-278.6, as amended.
(c)
Definitions. The following words, as used in this section, shall mean the following:
(1)
The word "officer" shall mean a member of the Newport News Police Department or any other law enforcement officer.
(2)
The word "guardian" shall mean a legal guardian or other adult person having care, custody or control of a minor.
(3)
The word "minor" shall mean a person less than eighteen (18) years of age.
(d)
It shall be unlawful for any 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 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday, and 5:00 a.m. of the following day, unless accompanied by his/her parent or guardian or unless such minor is on an emergency errand or legitimate business directed by his parent or guardian or is engaged in a lawful employment or going directly to the place of such employment or returning directly to his place of residence from the place of such employment.
(e)
It shall be unlawful for any 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. on Friday or Saturday and 5:00 a.m. of the following day, unless accompanied by his/her parent or guardian or unless such minor is on an emergency errand or legitimate business directed by his parent or guardian or is engaged in a lawful employment or going directly to the place of such employment or returning directly to his place of residence from the place of such employment.
(f)
It shall be unlawful for any parent or guardian of any minor 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, in violation of provisions of subsections (d) or (e) of this section.
(g)
Exceptions. In the following cases, a minor in or upon a public place under the circumstances prohibited by subsections (d) and (e), shall not be in violation of this section:
(1)
When a minor is in a motor vehicle engaged in interstate travel. This is intended, from excess of caution, to exempt from regulation bona fide interstate travel through, beginning or ending, in the city.
(2)
When the minor was attending an activity on the property of or sponsored by a city or state agency or body, or a school or a religious organization, or was returning to the minor's place of residence therefrom, without detour or stop.
(3)
When a minor is a volunteer firefighter or volunteer rescue squad member and is responding to emergency calls in that capacity.
(4)
When the minor is attending a specified engagement or performance, or participating 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.
(5)
When the minor has exited an arena, performance hall, theater, baseball stadium, ball, or like destination for entertainment or spectator sports, and the minor can present substantiating evidence of having been to such a venue and can demonstrate that the minor is taking the most direct route to a motor vehicle or designated retrieval space that is not on a sidewalk or street.
(h)
Any minor taken into custody for a violation of this section, shall be processed as follows:
(1)
So long as funds are appropriated therefor, the officer shall transport the minor to the city's facility designated as a juvenile curfew reception center. The officer will contact the on-call intake officer to facilitate placement of the minor for protective custody if the parent cannot be reached within a reasonable time but prior to the facility closing. In the event the minor is released to the parent or guardian, it shall be evidenced by the parent's signature on the Juvenile History Sheet utilized by the Newport News Police Department. An explanation of the reason for the detention shall be given to the parent or guardian. A record of this event containing a brief description of the circumstances shall be kept on file by the Newport News Police Department.
(2)
Should any such minor refuse to give such officer his/her name and address or the name, address and telephone number of his/her parent or guardian or in the event no parent or guardian can be located, or if located is unable to accept custody of such minor, such officer shall take such minor to the intake division of the juvenile and domestic relations district court of the city to be dealt with in the manner required by law.
(i)
Any person who is found guilty of violating any of the provisions of this section, or who shall knowingly give a false name, address or telephone number to such officer, shall be guilty of a Class 4 misdemeanor. In addition, any minor found guilty of violating this section may be subject to any order of disposition authorized by Code of Virginia, 1950, Sections 16.1-278.4 and 16.1-278.5, as amended.
(j)
The provisions of this section shall not apply to any minor who has been emancipated.
(k)
Severability. Severability is intended throughout and within this section. If any provision (including inter alia any exception, part, phrases or term), is for any reason held invalid, or its application to any person or circumstances is held invalid, then the remainder of this section shall continue in full force and effect, and its application to other persons and circumstances shall not be affected.
(Ord. No. 173, § 7; Code 1961, § 25-13; Ord. No. 4247-91; Ord. No. 4723-95; Ord. No. 4782-95; Ord. No. 5821-02, § 1; Ord. No. 7184-15)
State Law reference— Curfew for minors, Code of Virginia, § 15.2-926.
(Ord. No. 173, § 7; Code 1961, § 25-13; Ord. No. 4247-91; Ord. No. 4723-95; Ord. No. 4782-95; Ord. No. 5821-02, § 1; Ord. No. 7184-15)
State law reference
Curfew for minors, Code of Virginia, § 15.2-926.