Fairfax County enforces a juvenile curfew under County Code Chapter 5, generally prohibiting minors under 17 from being in public places between 11 PM and 5 AM (midnight-5 AM on weekends) without a parent or guardian. Virginia Code 18.2-371.2 authorizes local curfew ordinances.
Fairfax County's juvenile curfew ordinance (Chapter 5, Offenses) restricts the presence of minors under age 17 in public places and certain businesses during late-night hours. Typical curfew hours are 11:00 PM to 5:00 AM Sunday through Thursday and 12:00 AM (midnight) to 5:00 AM Friday and Saturday nights. Public places include streets, parks, parking lots, and other areas open to the public. Authority for the ordinance derives from Virginia Code 18.2-371.2, which permits localities to adopt ordinances making it unlawful for minors to be in public places during curfew hours. Recognized exceptions include: minors accompanied by a parent, legal guardian, or other responsible adult; minors engaged in lawful employment or traveling to or from work; minors responding to an emergency; minors attending a school-sponsored, religious, or civic event (or reasonably returning home from one); minors exercising First Amendment rights (which can be a defense if properly presented); and emancipated minors. First-time violations typically result in a warning or referral to a juvenile services program; repeat or aggravated violations can result in Class 4 misdemeanor charges against the minor and potentially civil penalties against parents who knowingly permit violations. Fairfax County Police enforce the curfew on a discretionary basis, typically in conjunction with other public-safety priorities. The Fairfax County Circuit Court upheld the curfew's constitutionality consistent with the Fourth Circuit's ruling in Schleifer v. City of Charlottesville (1998).
Contact your local code enforcement office for specific penalty information.
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