This chapter shall be titled "An Ordinance of the Village of Newark
Valley, Tioga County, New York, Establishing a Curfew during Nocturnal Hours
for Minor Children under the Age of 18 Years."
It is hereby declared to be policy of the Village of Newark Valley to
minimize nocturnal crime, juvenile delinquency and vandalism and to prevent
the destruction and damage of both public and private property. By this chapter,
the Village of Newark Valley seeks to promote the safety and general welfare
of the residents of the Village of Newark Valley by prescribing, in accordance
with prevailing community standards, regulations concerning the presence of
minors on streets, roads, highways or other public areas of the Village at
night, all for the good of minors, for the furtherance of family responsibility
and for the public good, safety and welfare. The Board finds that a curfew
for minors meets a very local need and will be a significant factor in minimizing
juvenile delinquency. This chapter takes into consideration also the danger
hours for nocturnal crime and accumulation of minors with potential risks
incident to immaturity. Parental responsibility for the whereabouts of children
is a norm, and as parental control increases, the likelihood of juvenile delinquency
decreases, and there is a need for a nocturnal curfew for minors to achieve
under local conditions the purpose herein stated.
It shall be unlawful and a violation of this chapter for any person
17 or less years of age (under 18) to be or remain or loiter in or upon the
streets, roads, highways, or other public areas within the Village of Newark
Valley at night during the following periods of time:
A. Weeknights, which shall consist of the time beginning
at 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday night through
6:00 a.m. on the following morning.
B. Weekends, which shall consist of the time beginning at
11:00 p.m. on Friday or Saturday night through 6:00 a.m. on the following
morning.
In the following exception cases, a minor on or upon a Village street, highway or other public area during the nocturnal hours for which §
76-4 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents, and their fellow citizens) shall not, however, be considered in violation of this chapter when the minor is:
A. On the sidewalk abutting the minor's residence and either
next-door neighbor has not communicated an objection to a police officer.
B. Traveling in a direct route to his/her residence from
employment.
C. Traveling to and from his/her residence from an adult-supervised
or adult-sponsored religious, school, civic, not-for-profit, recreational
or entertainment activity or adult-supervised or -sponsored organized dance.
D. Accompanied by his/her parent or guardian.
E. Accompanied by an adult authorized by the parent or guardian
of the minor.
F. In a motor vehicle with parental or guardian consent
for normal travel; and interstate travel beginning or ending in the Village
of Newark Valley is excepted.
G. Upon an emergency errand.
It shall be unlawful and a violation of this chapter for a parent, as
defined herein, having legal custody of a minor, knowingly to permit or by
inefficient control to allow such minor to be or remain or loiter upon any
street, road, highway, public park or other public areas of the Village under
circumstances not constituting an exception to or otherwise beyond the scope
of this chapter. It is intended to continue to keep neglectful or careless
parents up to a reasonable community standard of parental responsibility through
an objective test. It shall be no defense that a parent was completely indifferent
to the activities or conduct or whereabouts of such minor.
Any law enforcement officer, upon finding or having attention called
to any minor on or upon the streets, roads, highways, or other public areas
of the Village in prima facie violation of this chapter, shall ascertain the
name, address, and age of said minor and escort said minor to his/her residence.
In the case of the first violation by a minor, the officer in charge shall
send, by regular postal mail, a written notice of said violation with a warning
that any subsequent violation may result in full enforcement of this chapter,
including enforcement of parental responsibility and of applicable penalties
as hereinafter set forth. A copy of said written notice of the violation shall
be placed on file at the Police Department.