ORDINANCE: #O-23-055

AN ORDINANCE TO AMEND AND REENACT THE CODE OF THE CITY OF

LYNCHBURG, 1981, BY ADDING THERETO A NEW SECTION 27-28 OF ARTICLE I
OF CHAPTER 27; SUCH NEW SECTION BEING THE ESTABLISHMENT OF A CITY-
WIDE YOUTH CURFEW, THAT WITHOUT FURTHER ACTION, WILL
AUTOMATICALLY EXPIRE AND REPEAL ON DECEMBER 1, 2023.

WHEREAS, the purpose of this Ordinance is to (i) promote the general welfare and
protect the general public through the reduction of juvenile violence and crime within the
City; (ii) promote the safety and well-being of the City's youngest citizens, persons under
the age of eighteen (18), whose inexperience renders them particularly vulnerable to
becoming participants in unlawful activities, particularly unlawful drug and firearm
activities, and to being victimized by older perpetrators of crime; and (iii) foster and
strengthen parental responsibility for children.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNCHBURG:

1. That the Code of the City of Lynchburg, 1981, be and the same is hereby amended and
reenacted by adding thereto a new Section 27-28 of Article I of Chapter 27 as follows:

Sec. 27-28. Curfew.

(a) Definitions. As used in this section, the following words and phrases shall have the
following meanings ascribed to them below:

Curfew hours refers to the hours of 11:00 p.m. until 5:00 a.m. on the following day.

Emergency refers to unforeseen circumstances, or the status or condition resulting

therefrom, requiring immediate action to safeguard life, limb or property. The term
includes, but is not limited to, fires, natural disasters, automobile accidents, or other similar
circumstances.

Establishment refers to any privately-owned place of business within the City of

Lynchburg, Virginia (“City”) operated for a profit, to which the public is invited, including,
but not limited to, any place of amusement or entertainment. With respect to such
establishment, the term "operator" shall mean any person, and any firm, association,
partnership (and the members or partners thereof) and/or any corporation (and the officers
thereof) conducting or managing that establishment.

Minor refers to any person under eighteen (18) years of age who has not been
emancipated by court order entered pursuant to Section 16.1-333 of the Code of Virginia,
1950, as amended, and is not enlisted in the United States Armed Forces.

Officer refers to a police or other law-enforcement officer charged with the duty of
enforcing the laws of the Commonwealth of Virginia and/or the ordinances of the City.

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 Parent refers to:

(1) A person who is a minor's biological or adoptive parent and who has legal
custody of a minor (including either parent, if custody is shared under a
court order or agreement);

(2) A person who is the biological or adoptive parent with whom a minor
regularly resides;

(3) A person judicially appointed as a legal guardian of the minor; and/or

(4) A person eighteen (18) years of age or older standing in loco parentis (as
indicated by the prior written authorization of an individual listed in part(s)
(1), (2) or (3) of this definition, above, for the person to assume the care or
physical custody of the minor).
Person refers to an individual, not to any association, corporation, or any other
legal entity.

Public place refers to any place to which the public or a substantial group of the
public has access, including, but not limited to, streets, highways, roads, sidewalks, alleys,
avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office
buildings, transportation facilities and shops.

Remain refers to the following actions:

(1) To linger or stay at or upon a place; and/or

(2) To fail to leave a place when requested to do so by an officer or by the

owner, operator or other person in control of that place.

(b) Violation of Curfew - Minors.

It shall be unlawful for a minor, during curfew hours, to remain in or upon any public
place within the City, to remain in any motor vehicle operating or parked therein or thereon,
or to remain in or upon the premises of any establishment within the City, unless:
(1) The minor is accompanied by a parent;

(2) The minor is involved in an emergency;

(3) The minor is engaged in an employment activity, or is going to or returning

home from such activity, without detour or stop;

(4) The minor is on the sidewalk directly abutting a place where they reside
with a parent, and such parent is inside the residence;

(5) The minor is attending an activity sponsored by a school, religious, or civic

organization, by a public organization or agency, or by another similar

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 organization or entity, which activity is supervised by adults, and/or the minor
is going to or returning from such an activity without detour or stop;

(6) The minor is on an errand at the direction of a parent, and the minor has in
their possession a writing signed by the parent containing the following
information: the name, signature, address and telephone number of the parent
authorizing the errand, the telephone number where the parent may be
reached during the errand, the name of the minor, and a brief description of
the errand, the minor's destination(s) and the hours the minor is authorized to
be engaged in the errand;

(7) The minor is involved in interstate travel through, or beginning or

terminating in, the City; or

(8) The minor 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.

(c) Violation of Curfew - Parents.

It shall be unlawful for a minor's parent to knowingly permit, allow or encourage

such minor to violate this section.

(d) Violation of Curfew – Motor Vehicle Operators.

It shall be unlawful for a person who is the owner or operator of any motor vehicle
to knowingly permit, allow or encourage a minor to violate this section.

(e) Violation of Curfew – Establishment Operators/Employees.

It shall be unlawful for the operator of any establishment, or for any person who is
an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the
premises of the establishment during curfew hours. It shall be a defense to prosecution
under this subsection that the operator or employee of an establishment promptly notified
the Lynchburg Police Department that a minor was present at the establishment after
curfew hours and refused to leave.
(f) Violation of Curfew – False Information.
It shall be unlawful for any person (including any minor) to give a false name,
address, or telephone number to any officer investigating a possible violation of this
section.
(g) Enforcement of Curfew.

(1) Minors. Before taking any enforcement action hereunder, an officer shall
make an immediate investigation for the purpose of ascertaining whether or
not the presence of a minor in a public place, motor vehicle and/or
establishment within the City during curfew hours is in violation of this section.

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 If such investigation reveals that the presence of such minor is in violation of
this section, then the officer may charge the minor with a violation of this
section and may issue a summons requiring the minor to appear in court (Ref.
Va. Code § 16.1-260(H)(1)). Where required, the officer will release the minor
to their parent(s).

(2) Violation. A violation of this section shall be punishable as a Class 4

misdemeanor, and a summons charging the same may be issued for such
violation directing the minor and/or person to appear in court.

2. That this Ordinance shall become effective on May 26, 2023, at 8:00 a.m. after its
adoption, and shall automatically expire and repeal on December 1, 2023.

Adopted: May 23, 2023

Certified: ________________________________
Clerk of Council

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