[HISTORY: Adopted by the Town Board of the Town Board of Sand Lake:
Art. I, 8-14-1991 by L.L. No. 1-1991.
Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreational areas — See Ch. 175.
[Adopted 8-14-1991 by L.L. No. 1-1991]
This article shall be known as the "Special Curfew for Halloween in
the Town of Sand Lake."
It is the declared purpose of the Town of Sand Lake to maintain the
public order and to protect the health, safety and well-being of the community
all for the good of minors, for the furtherance of family responsibility and
the public good, safety and welfare. Recognizing that in recent years the
evening of October 31st, commonly known as "Halloween," has been the occasion
of unwarranted and unlawful public disruption, mischief and vandalism, it
is the intent of this article to prevent the occurrence of such public disruption
on Halloween or any day or night close to Halloween. Further recognizing that
much of the disruption, mischief and vandalism has been caused or is related
to a number of young people congregating within the town without any lawful
or legitimate purpose, it is the declared legislative intention of this article
to prevent said mischief, disruption and vandalism on Halloween and on such
other dates surrounding Halloween as is necessary to maintain the public order.
A.
The word "shall" is always mandatory and not merely directory.
B.
MINOR
PARENT/GUARDIAN
PUBLIC PARKS and PUBLIC AREAS
STREETS, ROADS and HIGHWAYS
TIME OF NIGHT
TOWN
As used in this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Any person under the age of 18 years.
The natural or adoptive parent or grandparent or legal guardian of
any minor, or a person who stands in loco parentis or a person to whom legal
custody has been given by order of a court.
Includes, but is not limited to, recreational and other places, whether
privately or publicly owned, open to the general public and those places visited
by many persons and accessible to the public.
A way or place, of whatever nature, open to the use of the public
as a matter of right for purposes of vehicular travel or, in the case of a
sidewalk thereof, for pedestrian travel. The terms "streets," "roads" and
"highways" include the legal right-of-way, including but not limited to traffic
lanes, curbs, sidewalks, whether paved or unpaved, and any grass plots or
other grounds found within the legal right-of-way of a street, road or highway.
The terms "street," "road" and "highway" apply irrespective of what they are
called or formally named, whether alley, avenue, court, drive, boulevard or
otherwise.
Based upon the prevailing standard of time, whether Eastern standard
time or Eastern daylight saving time, generally observed at that hour by the
public in the town.
The Town of Sand Lake, Rensselaer County, New York.
A.
It shall be unlawful as a violation of this article for
any minor to be on any street, highway, road, parking lot, public parks or
public or private area (unless consented to by the owner thereof) after 8:00
p.m. on October 31 (commonly known as Halloween) of any year until 7:00 a.m.
on November 1 of any year, unless said minor is accompanied by his or her
parent or guardian.
B.
The Supervisor of the Town of Sand Lake may extend the
curfew set forth herein to any other night or nights preceding or subsequent
to Halloween as deemed appropriate by the Supervisor for the purpose of maintaining
the public order.
It shall be unlawful and a violation of this article for a parent, as
defined herein, having legal custody of a minor, knowingly to permit or by
inefficient control to allow such minor to be upon any street, road, highway,
public park or other public areas of the town (unless consented to by the
owner thereof) after 8:00 p.m. on October 31 (commonly known as Halloween)
of any year until 7:00 a.m. on November 1 of any year, unless said minor is
accompanied by his/her parent or guardian. The term "knowingly" includes knowledge
which a parent should reasonably be expected to have concerning the location
or whereabouts of a minor in that parent's legal custody. It is intended
to continue to keep neglectful or careless parents up to a reasonable community
standard of parental responsibility through an objective test. It shall be
no defense that a parent was completely indifferent to the activities or conduct
or whereabouts of such minor.
Any law enforcement officer, upon finding or having attention called
to any minor on or upon the streets, roads, highways, public parks or other
public areas of the town in prima facie violation of this article, shall ascertain
the name, address and age of the minor and thereafter either:
A.
Take said minor to the police station, whereupon a parent
of said minor shall immediately be notified to appear at the police station
and the minor shall be placed in the custody of said parent and a written
notice of said violation shall be delivered to the parent of the minor and
a copy thereof shall be placed on file in the police department, which said
notice shall warn that any subsequent violation may result in full enforcement
of this article, including enforcement of parental responsibility and of applicable
penalties hereinafter set forth; or
B.
Escort said minor to his or her residence, and thereafter,
in the case of a first violation by a minor, the State Trooper or County Sheriff
in charge shall send, by certified mail, a written notice of violation which
shall also be placed on file in the Sheriff's Department.
If, after the warning notice pursuant to § 101-6, of a first violation by a minor, a parent violates § 101-5 (in connection with a second or subsequent violation by said minor), this shall be treated as a first offense by a parent. For each parental offense a parent shall be subject to a fine not to exceed $250 or imprisonment for not more than 15 days, or both.
