It is the purpose and intent of the Village of Hudson Falls to protect
and preserve the health, safety and welfare of the residents of the Village
of Hudson Falls and to maintain rule and order by prescribing, in accordance
with prevailing community standards, regulations concerning the presence of
minors on streets, roads, highways, public parks or other public areas of
the Village at night to reduce juvenile crime and vandalism, to protect the
children and minors of the Village against juvenile victimization and to further
family responsibility by assisting parental supervision.
As used in this chapter, the following terms, phrases, words and their
derivations shall have the meanings indicated:
KNOWINGLY
Includes knowledge of information which a parent should reasonably
be expected to have concerning the whereabouts of a minor in that parent's
legal custody. It is intended to include and require neglectful or careless
parents to maintain a reasonable community standard of parental responsibility
through an objective test. It shall be no defense that a parent was indifferent
to the activities, conduct or whereabouts of such minor.
MINOR
For purposes of this chapter only, any person under the age of 18
years of age (i.e., 17 years of age and younger).
PARENT
Any person having legal custody of a minor as a natural or adoptive
parent, as a legal guardian, as a person who stands in loco parentis or as
a person to whom legal custody has been given by court order.
PUBLIC PLACE
Any place to which the public has access, whether privately or publicly
owned, including, but not limited to, public streets, roads, thoroughfares,
sidewalks, bridges, alleys, plazas, parks, recreation or shopping areas, stores,
cafes, restaurants, eating establishments, public transportation facilities,
vehicles used for public transportation, parking lots or any other public
building, structure or area.
It shall be unlawful and a violation of this chapter for any minor to
remain, or loiter, or to be in, on or upon any public place within the Village
of Hudson Falls between the hours of 12:00 a.m. (midnight) and 5:00 a.m. (also
known as the "curfew hours").
A minor in a public place during the hours referred to in the previous
section shall not be considered in violation of this chapter under the following
circumstances:
A. When accompanied by the minor's parent or guardian.
B. On an errand at the direction of the minor's parent or
guardian, without any detour or stop, provided that the minor has in his possession
a writing, signed by the minor and parent or guardian of the minor, with their
home address and telephone number, specifying the date, time and purpose of
the errand.
C. When the minor is exercising First Amendment rights protected
by the United States Constitution, such as the free exercise of religion,
freedom of speech, the right of assembly, and the right to such exercise,
provided that the minor has in his possession a writing, signed by the minor
and by a parent of the minor, with their home address and telephone number,
specifying when, where and in what manner the minor will be in a public place
during the curfew hours in the exercise of a First Amendment right specified
in such writing.
D. With parental consent, returning home from and within
one hour after the termination of a school- or Village-sponsored activity
or an activity of a religious, voluntary, cultural or community organization.
E. Engaged in or traveling to or from a place of employment.
F. Engaged on an errand involving a medical emergency or
other emergency involving an immediate and significant threat to life or property.
G. While traveling in a motor vehicle involved in interstate
travel.
It shall be unlawful and a violation of this chapter for a parent knowingly
to permit or by inefficient control to allow a minor to be or loiter or remain
in, on or upon a public place in the Village during curfew hours under circumstances
not constituting an exception to or an exemption from or otherwise beyond
the scope of this chapter.
If any section, paragraph, subdivision, clause, phrase or provision
of this chapter shall be judged to be invalid or held unconstitutional, it
shall not affect the validity of this chapter as a whole or any part or provision
thereof other than the part so decided to be invalid or unconstitutional.
This chapter shall take effect immediately upon the filing of the chapter
with the Secretary of State.
Notice of the enactment of this chapter and of the curfew regulations
established by it shall be posted in or about several public places in the
Village of Hudson Falls as may be determined by the Chief of Police of the
Village of Hudson Falls, in order to ensure that the public is fully informed
of the existence of this chapter and its regulations.