[HISTORY: Adopted by the Common Council of the City of North Tonawanda 11-19-1996. Amendments noted where applicable.]
Editor's Note: This legislation superseded former Ch. 70A, Promoting General Welfare of Minors in Public Places, adopted 12-19-1995.
Subject to the exceptions set forth in § 70A-4 of this chapter, it shall be unlawful for any minor under the age of 16 years to congregate, loiter, idle, wander, play or remain in or upon any public place, between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official city time, except on weekends, when such restricted hours shall be from 12:00 midnight on Friday and Saturday and 6:00 a.m. of the following day.
Subject to the exceptions set forth in § 70A-4 of this chapter, it shall be unlawful for the parent, guardian or other adult having the care and custody of any minor under the age of 16 years to knowingly or negligently by insufficient control allow such minor to congregate, loiter, idle, wander, play or remain in or upon any public place, between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official City time, except on weekends, when such restricted hours shall be from 12:00 midnight on Friday and Saturday to 6:00 a.m. of the following day.
As used in this chapter, the following terms shall have the meanings indicated.
- To go along with or be associated with under individualized supervision.
- Any person 18 years of age or older.
- Adult persons underwrite or promote an activity and the adult persons take responsibility for the minor.
- Adult persons are present at the activity and the adult persons take full responsibility for the minor.
- DIRECT ROUTE
- The shortest path of travel through a public place to reach a final destination, without any detour or stop.
- EMERGENCY ERRAND
- An unforeseen combination of circumstances or the resulting state that requires immediate action by the minor to prevent serious bodily injury or loss of life.
- A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.
- MINOR UNDER THE AGE OF 16
- Any person younger than 16 years of age.
- A natural parent, adoptive parent, stepparent or another person, or other adult person having the lawful care and custody of the minor.
- PUBLIC PLACE
- Any place to which the public or a substantial group of the public has access and includes, but is not limited to, highways, streets, alleys, parks, playgrounds, shops, shopping plazas, transportation facilities, vacant lots, hospitals and public buildings.
Exceptions shall be as follows:
When the minor is on the sidewalk abutting the minor's residency, and either next door neighbor has not communicated an objection to a police officer.
When the minor is traveling in a direct route to his or her residency from employment and carries a signed statement from the employer briefly identifying the minor, the address of the minor's residency, 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.
When the minor is traveling in a direct route to his or her residency from an adult-supervised or adult-sponsored religious, school, civic, not-for-profit, recreational or entertainment activity or adult-supervised or sponsored organized dance.
When the minor is accompanied by his or her parent or guardian.
When the minor is accompanied by an adult authorized by the parent or guardian of the minor.
When the minor is in a motor vehicle with parental or guardian consent for normal travel; and interstate travel beginning or ending in the City of North Tonawanda is excepted.
When the minor is on an emergency errand or legitimate business directed by his or her parent, guardian or other adult having the care and custody of such minor.
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.
Police officers are hereby authorized to detain any minor for the purpose of determining their status, and whether the health, safety or welfare of such minor has been endangered as a result of a violation of the provisions of this chapter. The parent, guardian or adult having the care and custody of such minor shall be promptly notified as to the location that such minor can be picked up. Said parent, guardian or person having the care and custody of such minor shall be advised by the police to thereafter keep such minor from the streets and public places as stated herein between the hours aforesaid.
A parent, guardian or other adult having the care and custody of such minor who violates any provision of 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 $50; and upon the third violation, and every offense thereafter, be subject to a fine of not more than $250 or by imprisonment of not more than 15 days, or both. Each violation of any of the provisions of this chapter shall constitute a separate offense.
This chapter shall take effect upon publication in the official city newspaper.