Ask SouthsideCentral! – A Danville Curfew Question

One of our readers had a question about Danville’s curfew ordinance, so SouthsideCentral went to the top of the food chain to get some answers. That’s what happens when you Ask SouthsideCentral!

This question came from the Southside News & Views page:

I would like something about the teenage curfew cleared up for me (and others). Is it against curfew to drive from a residence to another after the designated time or just to be in a public place after that time. For example, if a group of kids are at a house watching a movie and the movie will not be over until after 11:00-on a weeknight- is it against curfew for them to leave that house and drive home?

Here’s Commonwealth Attorney Michael Newman’s response:

As you are aware, I avoid giving advisory opinions on hypotheticals relating to possible offenses. Each case and scenario brings specific facts that may affect an outcome. As it relates to curfew violations, the ordinance makes it clear that if a juvenile is in public (as defined by the ordinance) during the times listed in the ordinance then he/she is subject to being charged. There are listed affirmative defenses that one can claim after being charged.

I cannot answer the question if under the scenario given would that juvenile be “breaking the law.” A juvenile out past the curfew is subject to being stopped and possibly charged, then the juvenile has the right to claim one the of the affirmative defenses, if one applies. One defense listed includes in a motor vehicle with parental consent for normal travel through the City and beyond the city limits. As you can see under scenario given depending on specific facts (ex. – did parent know and give consent – was it normal travel or did they stop somewhere) the scenario given could result in a violation or could result in finding that a defense is valid.

I am sorry I cannot give you an absolute answer but specific fact will determine each specific instance.

SouthsideCentral appreciates Commonwealth’s Attorney Michael Newman for taking the time to respond to us and to our reader’s question. That’s the kind of man Newman is, and he has SouthsideCentral’s full support.

And here’s the text of the city ordinance:

Sec. 23-10. – Curfew hours for minors. 

(a) Definitions. As used in this section:

Curfew hours means 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and 12:00 midnight until 6:00 a.m. on the following day on Friday or Saturday.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Guardian means: (1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with whom a minor has been placed by a court. Minor means any person seventeen (17) years of age or under.

Parent means a person who is: (1) A natural parent, adoptive parent, step-parent, grandparent or other person who has legal or physical custody of a minor; or (2) At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, or vacant lots.

Serious bodily injury means 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.

(b) Offenses.

(1) It shall be unlawful for a minor to be or remain in any public place within the City during curfew hours. (2) It shall be unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to go to or be in an public place within the City during curfew hours. (3) It shall be a prima facie violation of this section if the Commonwealth shows that the juvenile was in any of the proscribed areas unaccompanied by a parent or adult guardian during the hours governed by this section.

(c) Defenses.

It is an affirmative defense to prosecution under subsection (b) that the minor was:

(1) Accompanied by the minor’s parent or guardian; (2) In a motor vehicle with parental consent for normal travel through the City and beyond the City limits; (3) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (4) Involved in an emergency; (5) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a religious organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a religious organization or another similar entity that takes responsibility for the minor; or (6) Married or had been married or had disabilities of minority removed in accordance with the Code of Virginia, article 15 of chapter 11 (section 16.1-331 et seq.).

(d) Penalties.

(1) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. A person, upon being convicted of a violation of this section, shall be subject to disposition of his or her case in accordance with the Code of Virginia, section 16.1-278.4. (2) The Juvenile and Domestic Relations District Court for the City shall have exclusive original jurisdiction over cases, matters and proceedings involving violations of this section.

And finally, here’s the link to the Code of Virginia, section 16.1-278.4 that’s referenced as possible penalties from a curfew violation conviction.

And there you go. Special thanks again to Commonwealth’s Attorney Michael Newman for his time in helping to answer our reader’s question.

If you want answers, Ask SouthsideCentral!