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Trick-or-treating in Hampton Roads: How long are you allowed to go?

While Halloween can be fun for all ages, your locality might have restrictions on who's actually allowed to go door-knocking for sugar.

NORFOLK, Va. — A night of ghouls, goblins and hundreds of other alter-egos in pursuit of candy is almost here. Halloween 2023 is expected to be cold and wet in Hampton Roads, but that won't stop all the kids from trick-or-treating.

8-year-old Jela Moorney and her mom opted to dress up for one of the many festivals in the area leading up to Halloween instead of trick-or-treating on the actual night because of the weather.

"It’s supposed to rain tomorrow, so we’re not going to be able to trick-or-treat," said Jela, who dressed up as a ladybug this year.

While Halloween can be fun for all ages, your locality might have restrictions on who's actually allowed to go door-knocking for sugar. Here's a look at the law in each of the seven cities.

Chesapeake

Trick-or-treaters under age 14 in Chesapeake are allowed to be out until 8 p.m. The age limit was raised in 2019, when the city changed its widely criticized but unenforced policy of possible jail time if police caught teenagers trick-or-treating on Halloween.

Sec. 46-8. - Trick or treat activities.

(a) If any person over the age of 14 years shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, he or she shall be guilty of a Class 4 misdemeanor. Nothing herein shall be construed as prohibiting any parent, guardian, or other responsible person, having lawfully in his or her custody a child 14 years old or younger, from accompanying said child.

(b) If any person shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever after 8:00 p.m., he or she shall be guilty of a Class 4 misdemeanor.

Hampton

In Hampton, city code says anyone 12 and under can trick-or-treat until 8 p.m. 

Sec. 24-5. - Prohibited trick or treat activities.

(a) If any person over the age of 12 years shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, he shall be guilty of a Class 4 misdemeanor; provided, that nothing herein shall be construed as prohibiting any parent, guardian or other responsible person, having lawfully in his custody a child 12 years or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child.

b) If any person shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever after 8:00 p.m., he shall be guilty of a Class 4 misdemeanor.

Norfolk

Norfolk trick-or-treaters who are 12 and under can trick-or-treat until 8 p.m.

Sec. 29-4. - Prohibited "trick or treat" activities.

(a) If any person over the age of twelve (12) years shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, he shall be guilty of a Class 4 misdemeanor. Nothing herein shall be construed as prohibiting any parent, guardian or other responsible person, having lawfully in his custody a child twelve (12) years old or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child.

(b) If any person shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever after 8:00 p.m., he shall be guilty of a Class 4 misdemeanor.

Newport News

In Newport News, trick-or-treating is allowed until 8 p.m. for those 12 and under. 

Sec. 28-5. - Prohibited trick or treat activities.

(a) If any person beyond the seventh grade of school or over twelve (12) years of age shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, such person shall be guilty of a Class 4 misdemeanor. Nothing herein shall be construed as prohibiting any parent, guardian or other responsible person having lawfully in his custody a child twelve (12) years old or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child. However, no accompanying parent or guardian shall wear a mask of any type.

(b) If any person shall engage in playing "trick or treat" or any other activity of similar character or nature under any name whatsoever after 8:00 p.m., such person shall be guilty of a Class 4 misdemeanor.

Portsmouth

In Portsmouth, those 12 and under have until 8 p.m. to lawfully trick-or-treat. 

Sec. 24-4. - "Trick or treat" activities.

(a) If any person over the age of 12 years shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, he shall be guilty of a class 3 misdemeanor; provided, however, that nothing in this subsection shall be construed as prohibiting any parent, guardian or other responsible person, having lawfully in his custody a child 12 years old or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child.

(b) If any person shall engage in the activity commonly known as "trick or treat" or any name whatsoever after 8:00 p.m., he shall be guilty of a class 3 misdemeanor.

Suffolk

A spokesperson with the city said while Suffolk does not designate a trick-or-treating start time, it must end by 8 p.m. You must be age 12 or under. 

Sec. 54-157. - Halloween designated; age limit for participation; hours of participation; penalty.

(a) Halloween shall be designated as Meet 'N Treat Day within the city.

(b) It shall be unlawful for any person over 12 years of age to participate in the "treating" custom associated with Halloween of going from door-to-door displaying costumes and requesting treats. This shall in no way be construed as to mean any parent or guardian accompanying any child for the protection and safety of the child while making "treating" rounds.

(c) The "treating" custom of going from door-to-door displaying costumes and requesting treats shall be ended no later than 8:00 p.m.

(d) Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor and punished as provided in section 1-14.

Virginia Beach

A city spokesperson said trick-or-treating in Virginia Beach is recognized between dusk and 8 p.m. for those 12 and under. 

Sec. 23-3. - Prohibited trick or treat activities.

(a) If any person over the age of twelve (12) years shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, he shall be guilty of a Class 4 misdemeanor. Nothing herein shall be construed as prohibiting any parent, guardian or other responsible person, having lawfully in his custody a child twelve (12) years old or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child.

(b) If any person shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever after 8:00 p.m., he shall be guilty of a Class 4 misdemeanor.

The sun sets around 6:30 p.m., so it will likely be dark when your family sets out.

Halloween is the deadliest day of the year for child pedestrians, so make sure you and your child have on something bright and reflective. You can always add reflective tape to their trick-or-treat bags.

AAA advises drivers to try to avoid cutting through neighborhoods and to watch out for kids wearing dark costumes.

And, of course, slow down! Slowing down by just ten miles an hour, even at lower speeds, can determine life or death if someone is hit by a car.

And for kids like Jela, no matter how or when you celebrate, there’s a lot to enjoy.

"The reason that I love Halloween. The decorations, the candy, the costumes, the reason that they decorate their houses," she said. "That’s the reason Halloween is my favorite holiday."

Because of the weather on Halloween, leaders on Chincoteague Island say trick-or-treating will be postponed until November 1st. All of the seven cities in Hampton Roads say the festivities are on for Tuesday night, rain or shine.

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