Village of Nassau, NY
Rensselaer County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Nassau as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 35.
[Adopted 12-12-1977 by L.L. No. 5-1977]

§ 50-1 Title.

This chapter shall be known and shall be cited as the "Village of Nassau Curfew Law for Children Under the Age of Eighteen Years."

§ 50-2 Definitions.

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.

§ 50-3 Hours.

[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.

§ 50-4 Responsibilities of parents and guardians.

[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.

§ 50-5 Extension of curfew; issuance of passes.

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.

§ 50-6 Exemption for employment.

[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.

§ 50-7 Penalties for offenses.

[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]

§ 50-8 Findings.

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.

§ 50-9 Definitions.

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.

§ 50-10 Establishment of curfew for juveniles in Village parks.

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.

§ 50-11 Exceptions.

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.

§ 50-12 Peace officers authorized to detain certain violators.

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.

§ 50-13 Enforcement.

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.

§ 50-14 Penalties.

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.

§ 50-15 Notice.

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.

§ 50-16 When effective.

This article shall take effect immediately.