West Virginia Code §7-1-12 authorizes counties and municipalities to enact juvenile curfews for persons under 18. State law caps municipal court juvenile jurisdiction and bars incarceration sentences.
West Virginia has no statewide juvenile curfew, but WV Code §7-1-12 expressly authorizes county commissions to adopt curfew ordinances for persons under eighteen. Where a county and municipal curfew conflict, the municipal ordinance prevails within city limits. Statewide, municipal courts have limited jurisdiction over juveniles, restricted to municipal traffic, curfew, public intoxication, and underage alcohol ordinances. Critically, municipal courts may not impose any sentence of incarceration on juveniles statewide. Juvenile delinquency proceedings under WV Code §49-4-701 et seq. govern serious matters in circuit court. State law sets the maximum age (under 18) and procedural floor; cities can set hours and exceptions.
Violations are typically status offenses; municipal court may impose fines and community service but cannot incarcerate juveniles under West Virginia state law.
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