[HISTORY: Adopted by the Board of Supervisors of Mathews County 8-25-1998.
Amendments noted where applicable.]
The governing body of the County of Mathews, Virginia, adopts this chapter
pursuant to the authority granted in § 15.2-926 of the Code of Virginia
of 1950, as amended.
As used in this chapter, the following terms shall have the meanings
indicated:
An unforeseen combination of circumstances or the resulting state
that calls for immediate action. The term includes but is not limited to a
fire, natural disaster, automobile accident or any situation requiring immediate
action to prevent serious bodily injury or loss of life.
Any privately owned place of business operated for a profit to which
the public is invited, including but not limited to any place of amusement
or entertainment.
A person who, under court order, is:
Any person under 18 years of age.
Any individual, firm, association, partnership or corporation operating,
managing or conducting any establishment. The term includes the members or
partners of an association or partnership and the officers of a corporation.
A person who is:
Any place to which the public or a substantial group of the public
has access, and includes but is not limited to streets, highways and the common
areas of schools, hospitals, apartment houses, office buildings, transport
facilities and shops.
To linger or stay or fail to leave the premises when requested to
do so by a law enforcement officer or the owner/operator or other person in
control of the premises.
Bodily injury that creates a substantial risk of death or that causes
death, serious permanent disfigurement or protracted loss or impairment of
the function of any bodily member or organ.
A.
A minor commits an offense if he or she remains in any
public place or on the premises of any establishment within the county during
curfew hours.
B.
A parent or guardian of a minor commits an offense if
he or she knowingly permits, or by insufficient control allows, the minor
to remain in any public place or on the premises of any establishment within
the county during curfew hours.
C.
The owner, operator or any employee of an establishment
commits an offense if he or she knowingly allows a minor to remain upon the
premises of the establishment during curfew hours.
A.
It is a defense to prosecution under § 30-3A that the minor was:
(1)
Accompanied by the minor's parent or guardian.
(2)
On an errand at the direction of the minor's parent or
guardian, without any detour or stop.
(3)
In a motor vehicle involved in interstate travel.
(4)
Engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop.
(5)
Involved in an emergency.
(6)
On the sidewalk abutting the minor's residence or abutting
the residence of a next-door neighbor if the neighbor did not complain to
the Sheriff's office of Mathews County about the minor's presence.
(7)
Attending any official school, religious or other recreational
activity supervised by adults and sponsored by the County of Mathews, a civic
organization, or another similar entity that takes responsibility for the
minor, or going to or returning home from, without detour or stop, an official
school, religious or other recreational activity supervised by adults and
sponsored by the County of Mathews, a civic organization, or another similar
entity that takes responsibility for the minor.
(8)
Exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom of speech
and the right of assembly.
Before taking any enforcement action under this chapter, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 30-4 above is present.
Any person violating any provision of this chapter for a first offense
shall be guilty of a Class 4 misdemeanor which shall be punishable by a maximum
fine of $250 and community service not to exceed 50 hours, either or both.
Second and subsequent offenses of this chapter within one calendar year of
a prior offense or offenses shall be punishable by the maximum penalty allowable
under a Class 4 misdemeanor, $250 and 100 hours of community service. A violation
of this chapter by a minor shall be disposed of as provided in §§ 16.1-278.4
and 16.1-278.5 of the Code of Virginia.
This chapter shall be effective at 12:01 a.m. on the 27th day of August
1998 and shall continue to be effective until 12:01 a.m. on the 27th day of
August 2006, at which time this chapter shall cease to be effective.
