West Virginia Statewide Rule
West Virginia Juvenile Curfew Authority Under §7-1-12
Key Facts
- Authorizing statute
- WV Code §7-1-12
- Maximum age
- Under 18
- Municipal vs county
- Municipal prevails
- Juvenile incarceration
- Prohibited in muni court
- Delinquency code
- WV Code §49-4-701
Summary
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.
§7-1-12. Authority for establishing county curfews; jurisdiction for violations. In addition to all other powers and duties now conferred by law upon county commissions, such commissions are hereby authorized, by order duly entered of record, to adopt an ordinance which establishes a curfew for persons under eighteen years of age. It shall be unlawful for any person under eighteen years of age to violate any ordinance: Provided, That whenever the county ordinance enacted hereunder conflicts with that of any municipality, the municipal ordinance shall prevail. Any magistrate court, which shall have concurrent jurisdiction with the circuit court, of a county which has enacted an enforceable curfew ordinance may assume jurisdiction of a juvenile charged with violation of such ordinance and make any disposition thereof, which could properly be made by a circuit court exercising its juvenile jurisdiction, except that magistrate courts shall have no jurisdiction to impose a sentence of confinement for the violation of such laws. Previous §7-1-11. Purchasing in open market or competitive bids; debarment. §7-1-12. Authority for establishing county curfews; jurisdiction for violations.
Full Breakdown
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 & Penalties
Violations are typically status offenses; municipal court may impose fines and community service but cannot incarcerate juveniles under West Virginia state law.
Frequently Asked Questions
Does West Virginia have a statewide juvenile curfew?
Can my city jail a juvenile for a curfew violation?
What if county and city curfews conflict?
Sources
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