The City Council has determined that within the recent past minors have
been congregating and causing general disturbances of the peace, and committing
acts which would be, if committed by adults, violations of the Penal Law of
the State of New York, or of the Municipal Code of the City of Canandaigua,
and that this problem has been increasing, and threatens to increase to such
a magnitude that, if unchecked, would constitute a threat to the public safety
and welfare of the City of Canandaigua. Accordingly, the City Council finds
that in order to reduce juvenile crime, protect the children of the City of
Canandaigua, and to reinforce parental and guardian authority, as well as
to ensure parental and guardian responsibility, it is necessary to establish
responsibility on the part of parents and guardians for such acts by minors.
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein. Where not inconsistent
with the context, words used in the present tense shall include the future;
words in the plural number shall include the singular number; words in the
singular number shall include the plural number; and words in the masculine
shall include the feminine, and vice versa.
CITY
The City of Canandaigua.
KNOWLEDGE AND CONSENT
Actual or constructive knowledge, and actual or constructive consent,
and shall include knowledge which a reasonable parent or reasonable guardian
should be expected to have concerning the whereabouts and activities of a
minor in his or her custody. The failure of a parent or guardian to exercise
reasonable diligence in the care and control of a minor in his or her custody
shall be deemed constructive knowledge of and consent to the commission of
a predicate act (as such term is hereinafter defined) by such minor.
MINOR
Any person under the age of 16.
PREDICATE ACT
Any act committed by a minor in a public place within the City of
Canandaigua which, if committed by an adult, would constitute trespass (as
defined by Penal Law § 140.05), harassment (as defined by Penal
Law § 240.26), disorderly conduct (as defined by Penal Law § 240.20)
or a violation of the City of Canandaigua Municipal Code.
PUBLIC PLACE
Any public street, avenue, highway, road, sidewalk, parking lot,
pier, park, playground, bathing beach or any other public place as defined
in § 240.00 of the Penal Law of the State of New York.
No parent or guardian having custody of a minor shall knowingly consent
that such minor, while in or on any public place within the City of Canandaigua,
commit any act which, if committed by an adult, would constitute trespass
(as defined by Penal Law § 140.05), harassment (as defined by Penal
Law § 240.26), disorderly conduct (as defined by Penal Law § 240.20)
or a violation of the City of Canandaigua Municipal Code. The failure of a
parent or guardian to exercise reasonable diligence in the care and control
of a minor in his or her custody shall be deemed constructive knowledge of
and consent to the commission of the aforesaid acts by said minor.
Upon conviction of violation of this chapter, a person shall be subject
to a fine of not less than $25 and not more than $75. Upon conviction for
a second violation within a twelve-month period, a person shall be subject
to a fine of not less than $50, and not more than $100. Upon a third violation
within a twelve-month period, a person shall be subject to a fine of not less
than $75, and not more than $150.