Sec. 16-2. Curfew for minors—Generally.

(a) Except as otherwise provided herein, it shall be unlawful for any person under the age of eighteen (18) years to be in any public place, whether or not on private property, between the hours of 12:30 a.m. and 5:00 a.m. of the same day.

(b) The provisions of this section shall not apply to a minor accompanied by his parent, legal guardian or other adult person having the care and custody of the minor pursuant to applicable provision of law, or when the minor is upon an emergency errand or legitimate business directed by his parent, legal guardian or such other adult person having the care and custody of the minor.

(c) Any minor violating the provisions of this section shall be dealt with in accordance with the law and procedure applicable in the juvenile and domestic relations district court.

(d) Any minor who violates any of the provisions of this section may be taken into immediate custody by a police officer, without process. Such officer shall comply with the provisions of section 16.1-247, Code of Virginia.

(e) The provisions of this section shall be applicable to members of the armed forces of the United States under the age of eighteen (18) years; provided, however, that after such a minor is taken into custody, his release shall be made to his commanding officer or subordinate thereof.

Cross reference—Certain minors to be accompanied by parent or guardian at musical or entertainment festivals, § 3-51.