This chapter shall be entitled "An Ordinance of the Village of Waverly,
Tioga County, New York, Establishing a Curfew During Nocturnal Hours for Minor
Children Under the Age of 16 Years."
It is hereby declared to be the policy of the Village of Waverly 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 Waverly seeks to promote the safety and general welfare of
the residents of the Village of Waverly 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 accumulations of minors with potential risks
incident to immaturity. Parental responsibility for the whereabouts of children
is the norm; and, as parental control increases, the likelihood of juvenile
delinquency decreases and there is a need for nocturnal curfew for minors
to achieve under local conditions the purposes herein stated.
It shall be unlawful and a violation of this chapter for any person
15 or less years of age (under 16) to be or loiter or remain in or upon the
streets, roads, highways or other public area within the Village of Waverly
at night during the following periods of time:
A. Weeknights, which shall consist of that time beginning
at 11:00 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 that time beginning
at 12:00 midnight 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 §
57-4 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:
A. When the minor is on the sidewalk abutting the minor's
residence, and either next door neighbor has not communicated an objection
to a police officer.
B. 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 residence,
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.
C. 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 or adult-supervised
or sponsored organized dance.
D. When the minor is accompanied by his or her parent or
guardian.
E. When the minor is accompanied by an adult authorized
by the parent or guardian of the minor.
F. When the minor is in a motor vehicle with parental or
guardian consent for normal travel; and interstate travel beginning or ending
in the Village of Waverly is expected.
G. When the minor is upon an emergency errand.
H. When the minor is attending or traveling in a direct
route to or from an activity involving the exercise of First Amendment rights
protected by the United States Constitution.
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. The term "knowingly" includes knowledge which a parent should
reasonably be expected to have concerning the location or whereabouts of a
minor in that parent's legal custody. 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 or her residence.
In the case of a first violation by a minor, the Chief of Police or, in the
event of his absence, the officer in charge shall send by certified 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 violation shall be placed on file in the Police
Department.
A parent or guardian who violates this chapter shall, upon the first
violation, be issued a warning citation; upon the second violation, be subject
to a fine of not more than $25; upon the third violation, be subject to a
fine of not more than $100; upon the fourth violation and every offense thereafter
be subject to a fine of not more than $200.