Section 62-5 EXCEPTIONS TO CURFEW.


Notwithstanding the provisions of Section 62-4, it shall not be a violation of this ordinance for 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 the property.

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 Chapter.

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 the 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 event.

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 communication.

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)