[HISTORY: Adopted by the City Council of
the City of Troy as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-6-2000 by Ord. No. 11]
As used in this chapter, the following terms
have the meanings ascribed:
To restrict a person's freedom of movement.
Rendering impassable any public way or any ingress or egress
from any public place, or rendering such passage unreasonably difficult
or hazardous.
Any location which affords access to the general public.
Any street, sidewalk, roadway, park or other way traveled
by the public.
Any residence intended for use as single- or multi-resident
housing.
A.Â
No person shall, by physical obstruction, interfere
with any other person's use of any public place or public way.
B.Â
No person shall, by physical obstruction, interfere
with any other person's use of an entrance or exit to or from a public
place. Failure to maintain a reasonable distance from the threshold
of any such entrance or exit of a public place shall be deemed a violation
of this subsection.
[Amended 7-11-2002 by Ord. No. 11]
C.Â
No person shall, by physical obstruction, interfere
with any other person's use of an entrance or exit to or from a dwelling.
Failure to maintain a reasonable distance from the threshold of any
such entrance or exit of a dwelling, without the permission of the
property owner or resident of said dwelling, shall be deemed a violation
of this subsection.
[Amended 7-11-2002 by Ord. No. 11]
[Added 4-1-2004 by Ord. No. 4[1]]
A.Â
It shall be unlawful for any child under the age of
18 years to remain upon any public street, sidewalk, highway, vacant
lot or public place that is within 2,000 feet of any school between
the hours of 7:00 a.m. and 4:00 p.m. on days when school is in session.
B.Â
The following shall constitute valid exceptions to
this restriction:
[Amended 4-1-2004 by Ord. No. 4]
A.Â
A police officer who has probable cause to believe that a child is in violation of § 195-3 shall take such child to the police station where the child's parent or guardian will be immediately contacted. The child shall be held until the parent or guardian comes to take the child. When the parent or guardian arrives, he or she must he given a copy of this article. If no parent or guardian has arrived within two hours, the child shall be turned over to the custody of juvenile authorities until a parent or guardian can take custody of him or her.
B.Â
In the case of a first violation by a minor, the police shall mail the minor's parent or guardian written notice of the violation, warning them that further violations will result in the imposition of the penalty provided by law. Upon a second violation, a fine of $100 and 25 hours of community service will be imposed upon the parent or guardian. Any minor who violates § 195-3 three or more times shall be turned over to the custody of juvenile authorities until a parent or guardian can take custody of him or her.
C.Â
Obstruction of persons is a violation.
[Adopted 9-2-2004 by Ord. No. 6]
A.Â
The City Council of the City of Troy has determined
that large numbers of minors have been congregating in the City after
dark, causing general disturbances to the residents, peace and order
of the City.
B.Â
In an effort to reduce juvenile crime, protect the
children of the City of Troy and reinforce parental authority, it
is necessary that a curfew be established and maintained to keep minors
out of public areas after dark.
[Amended 10-2-2014 by Ord. No. 61]
It shall be unlawful for any child under 18
years of age, who is not in the presence of a parent or legal guardian,
to remain in, upon or about any public street, highway, park, vacant
lot, or any other public place between the hours of 10:00 p.m. and
6:00 a.m. Sunday through Thursday and 11:00 p.m. and 6:00 a.m. on
Friday and Saturday, except as otherwise provided by law.
[Amended 10-7-2010 by Ord. No. 9]
A.Â
In the
case of a first violation of this article, by a minor 15 years of
age or younger, the Police Department shall send a letter, with a
copy of the violation notice, to the parents or legal guardian of
said the minor. This notice shall be a warning to the parents that
an additional violation of this article shall result in the, initiation
of a Person In Need of Supervision (PINS) proceeding pursuant to the
Laws of the State of New York.
B.Â
In the
case of a second violation of this article by said minor, the police
shall refer the matter to the Rensselaer County Department of Social
Services for the commencement of a Person In Need of Supervision (PINS)
proceeding.
C.Â
The violation
of this article by a child age 16 or 17 shall be punishable by a fine
of $100 and 25 hours of community service.
In the event any word, phrase, sentence, paragraph
or part therein is declared illegal and/or unconstitutional by a court
of competent jurisdiction, the same shall be redacted, and the remainder
of the ordinance shall remain in full force and effect.
The following area list of affirmative defenses
which the defendant and/or his/her parents, legal guardian and/or
attorney may present as a defense to a charge in violation of the
curfew ordinance herein:
A.Â
Emergency situation.
B.Â
Returning to home from employment.
C.Â
Engaged in religious observation and/or practice.
D.Â
Returning home from a scholastic event and/or activity.
E.Â
All other constitutional defenses allowed provided
for under New York State Penal Law (PL) and Criminal Procedure Law
(CPL).
F.Â
Where the minor is on an errand at the direction of the parent.
[Added 10-2-2014 by Ord. No. 61]
G.Â
Where the minor is on the sidewalk that abuts the minor’s or
the next door neighbor's residence.
[Added 10-2-2014 by Ord. No. 61]
H.Â
Where the minor is generally exercising First Amendment rights.
[Added 10-2-2014 by Ord. No. 61]
