Chapter 62 CURFEW.
Section 62-5 EXCEPTIONS TO CURFEW.
Notwithstanding the provisions of Section 62-4, it shall not be a violation of this
any juvenile to be present, go upon or remain in or upon any establishment or public place, or
motor vehicle in a public place:
A. When the juvenile is in the immediate company of the juvenile's
parent or other adult given
temporary custody and control of the juvenile by the juvenile's parent for a designated time,
purpose and specified area.
B. When the juvenile is within 100 yards of his residence
and the adult owner or resident of
any private property which the juvenile is upon has given permission for the juvenile to be upon
C. When the juvenile is engaged in interstate or intrastate
travel through the Town or
originating or terminating in the Town, with the consent of the juvenile's parent, if traveling on a
direct route from point of origination to the point of termination without any unnecessary detour
or stop. Further, when the juvenile has traveled to the Town of Front Royal in the company of a
parent, from a residence located outside of Warren County, a mere sojourn away from the
juvenile's parent while they are visiting or vacationing will not alone constitute a violation of this
D. When the juvenile is in the course of legal employment
or traveling to or from the juvenile's
place of employment and the juvenile's residence by a direct route without any unnecessary
detour or stop.
E. When the juvenile is currently attending any activity sponsored
by any: educational, public,
government, civic, political or religious organization, or non-profit voluntary association, or
other similar entity that takes responsibility for the juvenile; or while in the process of traveling
to or from the location of the activity by a direct route without any unnecessary detour or stop.
F. When in the course of any military service, provided the
juvenile has in his or her possession
official military orders or identification.
G. When the juvenile is currently enrolled and attending any
school, as defined previously and
the students of such school are not generally required to attend such school, whether due to
vacations, terms breaks, or an early release for the day; or when the juvenile is taught by a tutor
or teacher possessing qualifications prescribed by the Board of Education and approved by the
Division superintendent, or is currently qualified for home school instruction as required by
Virginia Code Section 22.1-254.1, is so recorded with the Division Superintendent of Schools of
the school division where the juvenile resides and is in fact being home school instructed; or
when the juvenile, together with the juvenile's parents, by reason of a bona fide religious training
or belief and not because of an essentially political, sociological or philosophical view or a
merely personal moral code, is conscientiously opposed to attendance at school pursuant to
Virginia Code Section 22.1-257(B)(2) and Section 22.1-257(E), the day time curfew established
by Section 62-3 shall not apply to the juvenile.
H. When the juvenile has graduated from any high school recognized,
certified or licensed by
any State or Government, or which is legally exempt from such recognition, certification, or
licensing, or the juvenile has completed the requirements for the General Education
Development certificate (G.E.D.), or has completed a prescribed course of study asdefined by a
local school board, pursuant to Section 22.1-253.13:4 and has been awarded a certificate or
diploma as described therein.
I. When the juvenile is utilizing the facilities of a public
library, or traveling to or from such
public library, with the consent of the juvenile's parent, if such travel is on a direct route from
library to the juveniles residence or such other location not prohibited by this ordinance without
any unnecessary detour or stop.
J. When the juvenile is on an errand as directed by the juvenile's
parent, without any
unnecessary detour or stop, until the hour of 12:30 A.M. "Errand", as used herein, may include,
but is not limited to:
the juvenile's medical or legal appointments, job interviews,
attendance at court as a witness or
litigant, or an older juvenile providing transportation for a sibling to such an appointment or
K. When the juvenile is 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.
When practicable, the juvenile or his parent shall first deliver to the Chief of Police, or his
designee, a written communication, signed by the juvenile and countersigned, if practicable, by a
parent of the juvenile with their home address and telephone number, specifying when, here and
in what manner the juvenile will be in a public place during hours when the ordinance is
applicable to said minor in the exercise of a First Amendment right specified in such
L. When reasonable necessity exists for the juvenile to be
or remain in a public place during
the hours of curfew, but only after the juvenile's parent has communicated to the Chief of Police
or his designee, the facts establishing the reasonable necessity relating to a specified public place
at a designated time for a described purpose including points of origin and destination.
M. When the juvenile is responding to the immediate and necessary
requirements of a present
emergency threatening human life, limb or a substantial property interest.
(Ord. No. 6-96 Amended 4-11-96 ; Ord. No. 11-96 Amended 8-28-96)