[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 10-27-1993 as L.L. No. 6-1993. Amendments noted where
applicable.]
This chapter is intended to establish a curfew
on Halloween. Each year just prior to Halloween and on Halloween,
October 31, the Town is besieged by youths who rampage through sections
of the Town creating problems for residents and the Tuxedo Police
Department. In 1992, the complaints received from Tuxedo residents
were the greatest in many years. To complicate the situation, the
Police Department has determined that many of the youths were nonresidents
who refused to leave the Town due to the fact that there was no law
requiring them to be off the streets Halloween night. The complaints
received by the Police Department emphasize that the Town's people's
safety and welfare were in jeopardy. The Town Board and the Police
Department believe that the only way to control the situation is to
impose a curfew which will protect people's property and well-being.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
Any person over the age of 21 who is in loco parentis to
a minor.
A court-appointed person having control over the person of
a minor.
Any person under the age of 18.
The natural or adoptive parent of a minor.
Any street, alley, highway, sidewalk, park, playground or
place to which the general public has access and a right to resort
for business, entertainment or other lawful purpose. A "public place"
shall include but not be limited to any store, shop, restaurant, tavern,
bowling alley, cafe, theater, drugstore, poolroom, shopping center
and any other place devoted to amusement or open to the general public.
It shall also include the front or immediate area of the above.
The Town of Tuxedo.
During the period of October 30 and 31, or any
other period the Town Board deems necessary, it shall be unlawful
for any minor to remain idle, wander, stroll or play in any public
place, either on foot or to cruise about without a set destination
in any vehicle, in, about or upon any place in the Town between the
hours of 9:00 p.m. and 6:00 a.m. of the following morning unless accompanied
by a parent, guardian, custodian or other adult person having custody
or control of such minor, or unless the minor is on an emergency errand
or specific business or activity directed or permitted by his parent,
guardian, custodian or other adult person having the custody and care
of the minor or where the presence of such minor is connected with
or required by some legitimate employment, trade, profession or occupation.
Any minor attending a special function or entertainment
of any church, school, club or other similar organization that requires
such minor to be out at a later hour than that called for within this
chapter shall be exempt from the provisions of this chapter, provided
that the church, school, club or other similar organization shall
register in advance with the Town Police Department to have the minors
involved stay out to this later hour. The registrant shall state the
time when the function or entertainment shall end, and the minors
who attend the function shall be required to be in their homes or
usual places of abode within one-half (1/2) hour after the function
is ended.
It shall be unlawful for any person, firm or
corporation operating or having charge of any public place to knowingly
permit or suffer the presence of minors under the age of 18 on October
30 and 31 between the hours of 9:00 p.m. and 6:00 a.m. the following
morning.
It shall be unlawful for the parent, guardian,
custodian or other adult person having custody or control of any minor
under the age of 18 to permit or, by inefficient control, to allow
such minor to be on the streets or sidewalks or on or in any public
property or public place within the Town on October 30 and 31 between
the hours of 9:00 p.m. and 6:00 a.m. the following morning. However,
the provisions of this section do not apply to a minor accompanied
by his parent, guardian, custodian or other adult person having the
care, custody or control of the minor or if the minor is on an emergency
errand or specified business or activity directed by his parent, guardian,
custodian or other adult having the care and custody of the minor
or if the parent, guardian, custodian or other adult person herein
has made a missing person notification to the Town Police Department.
A.Â
Any police officer, upon finding a minor in violation
of this chapter, shall ascertain the name and address of the minor
and warn the minor that he is in violation of curfew and shall direct
the minor to proceed at once to his or her home or usual place of
abode. The police officer shall report such action to the parents,
guardian or person having custody or control of the minor.
B.Â
If such minor refuses to heed the warning or direction
given by any police officer or refuses to give the police officer
his correct name and address or if the minor has been warned on a
previous occasion that he or she was in violation of curfew, such
minor shall be issued an appearance ticket, and the parent, guardian
or other adult having the care and custody of such minor shall be
notified to appear with such minor at a date and time to be determined
on the appearance ticket for an appearance before the Town of Tuxedo
Justice Court.
Any minor who violates any section of this chapter
shall, upon conviction, be subject to an assignment by the Court of
community service, the hours of which shall be determined by the Court.
It shall also be necessary for the parent or guardian to appear with
the minor before the Justice Court at the time the appearance ticket
is returnable, and the parent or a guardian shall be required where
community service has been directed to transport the minor to a place
on the date and time determined by the Court for such community service
to be fulfilled.
