[HISTORY: Adopted by the Board of Trustees
of the Village of Nassau as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-12-1977 by L.L. No. 5-1977]
This chapter shall be known and shall be cited
as the "Village of Nassau Curfew Law for Children Under the Age of
Eighteen Years."
For the purposes of this article, the following
terms, phrases and words and their derivations shall have the meanings
given herein:
CHILD
Includes both male and female children under the age of 18
years.
VILLAGE OF NASSAU
Includes all territory within the corporate limits of the
Village of Nassau.
[Amended 9-13-1989 by L.L. No. 1-1989]
No child under the age of 18 years shall be
in or on any streets, parks or public places of the Village of Nassau
in the nighttime between the hours of 10:00 p.m. and 6:00 a.m., local
time, on Sundays, Mondays, Tuesdays, Wednesdays, Thursdays, Fridays
and Saturdays, unless such child is accompanied by his or her parent,
guardian or relative or other person over the age of 21 years authorized
by a child's parent or guardian to have legal care or control of such
child.
[Amended 9-13-1989 by L.L. No. 1-1989]
No parent, guardian or relative or other person
over the age of 21 years authorized by the child's parent or guardian
to have legal care or control of such child shall allow or permit
any such child under the age of 18 years and in his or her custody
to be in or upon any of the streets, parks or public places of the
Village of Nassau in the nighttime between the hours of 10:00 p.m.
and 6:00 a.m., local time, unless such child is accompanied by his
or her parent, guardian or relative or other person over the age of
21 years authorized by the child's parent or guardian to have legal
care or control of such child.
The Village Board of Trustees of the Village
of Nassau shall have the power to grant extensions of this curfew
to children under the age of 18 years to be in or upon the streets,
parks or public places after the designated hour to attend such functions
as the Board may authorize. Appropriate passes will be issued to children
granted such extensions. These passes shall be given to the sponsor
of the function, who shall issue them to the children actually present
at the function and not before. The passes shall state the name of
the function, the sponsor, the date and the time to which the curfew
is extended.
[Amended 11-9-2006 by L.L. No. 1-2006]
Notwithstanding the other provisions of this
article, it shall be an affirmative defense that the child violating
the curfew was in the course of gainful employment at the time of
the alleged violation of the curfew.
[Amended 9-13-1989 by L.L. No. 1-1989]
Any violation of the provisions of this article
shall subject the parents, guardians or other persons legally responsible
for the offending party to a penalty of a maximum fine of $250 or
imprisonment for not more than 15 days, or both, for each offense.
[Adopted 5-13-2015 by L.L. No. 1-2015]
The Board of Trustees of the Village of Nassau hereby finds
that the presence of persons under the age of 21 in Village parks
during certain hours is disturbing to the public peace and to the
residents residing near said parks.
As used in this article, the following terms shall have the
meanings indicated:
GUARDIAN
A person, other than a parent, to whom legal custody of the
juvenile has been given by court order, or who is acting in the place
of the parent or is responsible for the care and welfare of the juvenile.
PARK
Village Commons Park, located on John Street, and Ben Stanley
Park, located at the corner of Kaunameek Street and Malden Street,
in the Village of Nassau.
It shall be unlawful for any person under the age of 21 to be
or remain in the Village parks between the following hours:
A. Beginning one-half hour after sunset until and extending until one-half
hour before dawn.
A person under age 21 in a Village park 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 a parent or guardian of such person under age
21.
B. When returning home without delay after the termination of a school-
or Village-sponsored activity or an activity of a religious or other
voluntary association.
C. During a Village- or school-sanctioned or sponsored event.
Every police officer, while on duty, is hereby authorized to
detain any person under age 18 violating the provisions of this article
until the parent or guardian of such juvenile shall take him or her
into custody. Immediately upon taking such juvenile into custody,
the peace officer shall immediately communicate with the parent or
guardian of the child to arrange for the juvenile to be turned over
to said parent or guardian.
A person found violating the provisions of this article between
18 years of age and 21 years of age shall be issued an appearance
ticket charging the offense.
A person convicted of violating §
50-10 of this article shall be subject to penalties as follows:
A. For a first offense, up to 12 hours of community service;
B. For a second offense, within one year, up to 24 hours of community
service; and/or a fine of up to $100;
C. For a third offense, within one year, up to 40 hours of community
service and/or a fine of up to $250.
Notice of the existence of this article and of the curfew regulations
established by it shall posted in or about the Village parks at locations
to be determined by the Nassau Village Police Department.
This article shall take effect immediately.