Virginia Statewide Rule
Virginia Juvenile Curfew Local Authority Statute
Key Facts
- Enabling statute
- Va. Code § 15.2-926
- Penalty class
- Class 3 misdemeanor max
- Fine cap
- $500; no jail
- Time window
- 10 p.m. to 6 a.m.
- Required exceptions
- First Amendment, work, emergency
Summary
Virginia authorizes localities to enact juvenile curfew ordinances under specific enabling statutes, with state law setting maximum penalties and constitutional safeguards uniformly.
§ 15.2-926 . Prohibiting loitering; frequenting amusements and curfew for minors; penalty. A. Any locality may by ordinance prohibit loitering in, upon or around any public place, whether on public or private property. Any locality may by ordinance also prohibit minors who are not attended by their parents from frequenting or being in public places, whether on public or private property, at such times, between 10:00 p.m. and 6:00 a.m., as the governing body deems proper. A violation of such ordinances by a minor shall be disposed of as provided in §§ 16.1-278.4 and 16.1-278.5 . B. A locality may by ordinance regulate the frequenting, playing in or loitering in public places of amusement by minors, and may prescribe punishment for violations of such ordinances not to exceed that prescribed for a Class 3 misdemeanor. C. Without limiting or restricting the general powers created by this section, the term "public place" shall also include public libraries. Code 1950, § 15-8; 1954, c. 529; 1956, cc. 218, 664; 1956, Ex. Sess., c. 40; 1958, c. 279; 1960, c. 606; 1962, c. 623, § 15.1-514; 1968, c. 425; 1983, c. 502, § 15.1-33.4; 1995, cc. 59 , 658 ; 1997, c. 587; 1998, c. 865 ; 1999, c. 1023 ; 2004, c. 462 ; 2009, c. 481 . The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
Full Breakdown
Va. Code § 15.2-926 expressly enables any locality to adopt a juvenile curfew ordinance and to prohibit minors, unattended by a parent, from being in public places between 10:00 p.m. and 6:00 a.m. Violations may be punished as no more than a Class 3 misdemeanor (maximum $500 fine, no jail). Ordinances must include constitutional exceptions for First Amendment activity, employment, emergencies, and parental accompaniment. Without this express grant, Dillon's Rule would bar local curfews; the statute caps the penalty and sets the outer time window while leaving specific hours and ages to localities.
Violations & Penalties
Up to a Class 3 misdemeanor for the juvenile: a maximum $500 fine and no jail. Some localities also impose parental civil penalties for repeat violations.
Frequently Asked Questions
Can a Virginia city set any curfew hours it wants?
What happens if a juvenile violates curfew?
Sources
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