[HISTORY: Adopted by the City Council of the City of Lexington 3-17-1974
(§ 15-14 of the 1970 Code); amended 9-16-1982;
by Ord. No. 89-7; Ord. No. 89-11; Ord.
No. 93-3. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 295.
For the purpose of this chapter, the following terms, phrases, words,
and their derivations shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future, words
in the plural number include the singular number, and words in the singular
number the plural number. The word "shall" is always mandatory and not merely
directory.
The City of Lexington.
Any person over the age of 18 who is in loco parentis to a juvenile.
Any person, other than a parent, who has legal guardianship of a
minor.
Any person under the age of 17 years.
The natural or adoptive parent of a minor.
Any street, alley, highway, sidewalk, park, playground or place to
which the general public has access and a right to resort for business, entertainment,
or other lawful purpose. A public place shall include but not be limited to
any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore,
poolroom, shopping center and any other place devoted to amusement or entertainment
of the general public. It shall also include the front or immediate area of
the above.
It shall be unlawful for any minor to remain, idle, wander, stroll or
play in any public place either on foot or to cruise about without a set destination
in any vehicle in, about or upon any place in the City between the hours of
11:00 p.m. and 6:00 a.m., unless accompanied by a parent, guardian, custodian
or other adult person having custody or control of such minor or unless the
minor is on an emergency errand or specific business or activity directed
or permitted by his parent, guardian or other adult person having the care
and custody of the minor or where the presence of such minor is connected
with or required by some legitimate employment, trade, profession or occupation.
It shall be unlawful for any person, firm or occupation operating or
having charge of any public place to knowingly permit or suffer the presence
of minors between the hours of 12:00 midnight and 6:00 a.m.
It shall be unlawful for the parent, guardian or other adult having
custody or control of any minor to suffer or permit or by inefficient control
to allow such person to be on the streets or sidewalks or in any public property
or public place within the City between the hours of 11:00 p.m. and 6:00 a.m.
However, the provisions of this section do not apply to a minor accompanied
by a parent, guardian, custodian or other adult person having the care, custody
or control of the minor, or if the minor is on an emergency errand or specific
business or activity directed by his parent, guardian, custodian or other
adult person having the care and custody of the minor, or if the parent, guardian
or other adult person herein has made a missing person notification to the
Police Department.
Any minor attending a special function or entertainment of any church, school, club, or other organization that requires such minor to be out at a later hour than that called for in § 160-2 shall be exempt from the provision of § 160-2 of this chapter, provided that the church, school, club or other organization shall register in advance with the Chief of Police or his designee to have the minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within 1/2 hour after the function is ended.
Any police officer upon finding a minor in violation of this chapter
shall advise the minor that the minor is in violation of curfew, shall ascertain
the minor's name and address and take the minor to the Police Department.
The parent, guardian or other adult person having the care and custody of
such minor shall be notified to come and take charge of the minor. If the
parent, guardian or such other adult person cannot be located or fails to
come and take charge of the minor, the minor shall be released to the juvenile
authorities.
A.
Any minor detained under the provision of § 160-6 for the first time shall receive a written warning from the Police Department. Any minor detained for a second or subsequent violation of this chapter shall be subject to any order of disposition authorized by § 16.1-278.4 of the Code of Virginia, 1950, as amended, titled "Children in need of services."
B.
Upon the initial detention of a minor, written notice
of such violation along with a copy of the curfew ordinance shall be given
to the parents, either in person or by certified mail. Upon a second and subsequent
detention of a minor, the parent or parents shall be charged with a violation
of this chapter and subject to such conditions and limitations as the court
may order with respect to such child and the parents. Where the court finds
after a hearing that a parent has willfully contributed to, encouraged, or
caused a violation of this chapter, that parent or parents shall be guilty
of a Class 2 misdemeanor.
