[HISTORY: Adopted by the Board of Trustees of the Village of Lowville:
Art. I, 10-15-1993 by L.L. No. 3-1993.
Amendments noted where applicable.]
[Adopted 10-15-1993 by L.L. No. 3-1993]
The Board of Trustees of the Village of Lowville finds that the annual
observance of the Halloween holiday within the village has resulted in large
numbers of persons congregating in various places throughout the village with
no legitimate purpose, causing a general disturbance to residents of the village.
This activity appears to be localized around the Halloween holiday and has
extended past the hour of 9:00 p.m. when the observance of the holiday should
be terminated. The Board of Trustees believes that the congregation of persons
beyond the hour of 9:00 p.m. serves no legitimate purpose, leads to the creation
of disorderly conduct and results in a propensity to violence and destruction
of property.
In the interest of protecting the health, safety and welfare of the
citizens of the village, to preserve the public order, to protect property,
to reduce disorderly conduct and to minimize the opportunity for unlawful
conduct on those days on which the holiday of Halloween is observed, the Board
of Trustees deem it necessary to enact a curfew as provided in this article.
This article is enacted pursuant to the authority granted to the village
in and by § 4-412 of the Village Law, and § 10 of the
Municipal Home Rule Law of the State of New York.
No person less than the age of 18 years shall loiter, congregate or
remain in or upon any public street, sidewalk, highway, park, vacant lot or
other public place between the hours of 9:00 p.m. on October 30 and 6:00 a.m.
on October 31 and 9:00 p.m. on October 31 and 6:00 a.m. on November 1 of each
year.
Although a curfew is intended to achieve the purposes hereinbefore set
forth, there are certain situations in which an exemption needs to be provided
in order to properly apply the provisions of this article. The exemptions
are as set forth in this section.
A.Â
Adult accompaniment. The provisions of this article shall
not apply to persons under age 18 when accompanied by his or her parent, legal
guardian or other responsible adult over the age of 21 years approved by the
parent or legal guardian of the person under the age of 18 years.
B.Â
Employment. The provisions of this article shall not
apply if the person under 18 years of age is legally employed, for a period
from 1/2 hour prior to employment to 1/2 hour after employment, while the
person is going directly between his or her home and place of employment.
This exemption shall also apply if the person under the age of 18 years is
in the public place during the curfew hours as part of his or her employment,
while acting in the course of such employment; provided, however, that a written
statement from the employer attesting to the place and hours of employment
shall be provided by the person under the age of 18 years upon request of
the peace officer enforcing this article.
C.Â
Public event. The provisions of this article shall not
apply to persons under the age of 18 years who are returning home from a school
activity, an activity of a religious association or other voluntary association,
a place of public entertainment or a public sporting event in which the person
participates or has attended. This exemption applies for 1/2 hour after the
completion of such event.
D.Â
Constitutional rights. The provisions of this article
shall not apply to any person exercising First Amendment rights that are protected
by the Constitution of the United States of America or the State of New York,
such First Amendment rights to include, but not be limited to, free exercise
of religion, speech or assembly, provided that the person exercising such
rights has first given notice to the Mayor of the village by delivering a
written communication signed by such person and countersigned by a parent
or guardian specifying when, where, in what manner and for what First Amendment
purpose the person will be on the streets or in the public place during the
curfew hours.
A peace officer who has probable cause to believe that a person under
the age of 18 years is in violation of this article shall take such person
to the police station where such person's parents or guardian shall be
immediately contacted. If after this contact there is still probable cause
to believe that the person has violated this article, then the person shall
be held until the parent or guardian arrives at the police station to take
the person home. Upon arrival at the police station, the parent or guardian
must be informed of the provisions of this article. If no parent or guardian
has arrived within two hours of due notice, the person accused of violating
this article shall be turned over to the custody of the Probation Department
of Lewis County until a proper parent or guardian can take custody of such
person.
In addition to the notice of violation to the parent or guardian of
the person under the age of 18 years, such person shall be issued an appearance
ticket returnable in the Village Court. If the person alleged to have violated
this article is found to be guilty of such violation, the Court may impose
a fine up to a maximum of $250 or imprisonment not to exceed 15 days, or both.
