[HISTORY: Adopted by the Town Board of the
Town of Pleasant Valley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-13-2008 by L.L. No. 6-2008]
A.
The legislative intent and purpose of this article
is to adopt a new chapter in the "Town of Pleasant Valley Code to
establish a Halloween curlew to control various activities of minors,
under the age of 18, on Halloween and the day before Halloween.
B.
It has been reported to the various members of the
Town Board that a number of neighborhoods are having frequent and/or
repeated instances of loud noise, loitering, vandalism and boisterous
conduct caused by the gathering of both residents and nonresidents
as a result of Halloween celebrations. The Town Board highly values
the health, safety and general welfare of is minors, and the Town
has a vested interest in preserving and nurturing this valuable investment.
C.
The Town determines that the physical and psychological
well-being of our minors is threatened by the increasing influence
of criminal activities and occurrences of criminal activities, boisterous
conduct and vandalism during the Halloween holiday. The Town Board
further determines that minors are particularly susceptible to being
victimized and abused on Halloween in public places during the late
night and early morning hours and that persons under the age of 18
years are susceptible to participating in unlawful activities during
the Halloween holiday and becoming victims of older perpetrators of
crime by their lack of maturity, experience and vulnerability.
D.
The Town Board further determines that parental responsibility
and supervision must be encouraged and promoted, and accordingly the
Town Board finds that reasonable regulations determining the hours
during which minors under the age of 18 may be in or upon public streets,
parks or other public places during the Halloween holiday will protect
the juveniles of this municipality and reinforce parental responsibility
and authority.
E.
The Town Board further determines that the darkness
of late night and early morning hours on the holiday make it more
difficult tar law enforcement officers to prevent and solve certain
types of crimes, including the making of graffiti, malicious mischief,
vandalism and acts of violence, perpetrated by juveniles. The Town
Board has therefore determined that, in order to protect the public
health, safety, general welfare, peace and public order of the residents
of the Town of Pleasant Valley, it has become necessary to restrict
the activities of minors between 9:00 p.m. to 6:00 a.m. on the following
day on October 30 and October 31, in order to help maintain the public
peace and order within public places and residential neighborhoods.
During the evening hours of October 30 and October
31 between the hours 9:00 p.m. and 6:00 a.m. on the following day,
it shall be unlawful for any minor to congregate, loiter. wander,
remain or play in or upon any public place, public park, public area,
street, road or highway in the Town, subject to the exceptions set
forth in this article.
As used in this article, the following terms
shall have the meanings indicated:
Any person under the age of 18 years.
Subject to the exceptions set forth in this
article, it shall be unlawful for the parent or legal guardian of
any minor under the age of 18 years to knowingly, or negligently by
insufficient control, allow such minor to congregate, loiter, wander
or play in or upon any public place in the Town of Pleasant Valley
between the hours of 9:00 p.m. and 6:00 a.m. on the following day
on October 30 and October 31.
A.
Any police officer, upon finding a minor under the age of 18 in violation of § 42-2 of this chapter, shall ascertain the name and address of the minor and warn the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the parents or guardian of the minor.
B.
Any minor under the age of 18 who shall violate any
of the provisions of this article more than once shall be reported
by the. police officer to the juvenile authorities as a person in
need of supervision, and the police officer may proceed to file or
aid in the riling of such conduct to the attention of the appropriate
authorities.
C.
A minor under the age of 18 in violation of § 42-2 of this article may be issued an appearance ticket for Town Justice Court, petitioned into Family Court or arrested.
D.
Nothing set forth herein shall be deemed in any way
to supersede, diminish or otherwise affect the enforceability of any
other applicable law, rule or regulation, including but not limited
to the Penal Law of the State of New York.
Exceptions shall be as follows:
A.
When a minor is accompanied by his or her parent or
legal guardian.
B.
When the minor is accompanied by an adult authorized
by the parent or legal guardian of the minor.
C.
When the minor is on the sidewalk abutting the minor's
residence, or is on the sidewalk or the area abutting either next-door
neighbor, which neighbor has not communicated an objection to any
police agency or an officer thereof.
D.
When the minor is traveling in a direct route to his
or her residence from employment and carries a signed statement from
the employer briefly identifying the minor, the address of the minor's
place of employment, the name and title of the minor's employer who
signed the statement and the minor's hours of employment.
E.
When the minor is traveling in a direct route to his
or her residence from an adult-supervised or adult-sponsored religious,
school, civic, not-for-profit, recreational or entertainment activity.
F.
When the minor is in a motor vehicle with parental
or legal guardian consent for normal travel; interstate travel beginning
or ending in the Town of Pleasant Valley is excepted.
G.
When the minor is upon an emergency errand.
H.
When the minor is attending or traveling in a direct
route to and from an activity involving the exercise of First Amendment
rights protected by the United States Constitution, such as the free
exercise of religion, freedom of speech, and the right of assembly.
Such minor shall evidence the intention of such exercise by exhibiting
to the Town enforcement officials a written statement signed by such
minor and countersigned by a parent or legal guardian of such minor,
with their home address and telephone number, specifying when, where
and in what manner said minor will be in a public place at night (during
the hours when this article is otherwise applicable to said minor)
in the exercise of a First Amendment right specified in such statement.
A.
This chapter shall be enforced by ally police officer,
the Dutchess County Sheriff's office and any other person so authorized
by resolution of the Town Board.
B.
Any person who violates any provision of this article
or any lawful order made pursuant to this article shall be subject
to the payment of a civil line. Such persons shall include, but not
be limited to, the minor(s) who violate this article and their respective
parents (s) and/or legal guardian(s). For a first violation, the amount
of said line shall not exceed $100, and for a second and each subsequent
violation. said fine shall not exceed $250, per violation. Each day
that a violation continues shall constitute a separate and distinct
violation.
C.
The Enforcement Officer may, in his/her discretion,
issue a warning notice for a first violation.
