[HISTORY: Adopted by the Board of Trustees of the Village
of Medina 11-27-1990 by L.L. No. 9-1990. Amendments noted where applicable.]
The Board of Trustees of the Village of Medina, New York, determines
that a curfew is necessary to further the public health, safety, morals
and general welfare of the inhabitants of the Village of Medina and
specifically to further the following interests:
A.
The reduction of the incidence of juvenile criminal activity and
vandalism.
B.
The protection of the public from nocturnal mischief by minors.
C.
The promotion and enforcement of parental control of and responsibility
for the children.
D.
The protection of children from others on the streets during the
nighttime hours.
It shall be unlawful for any minor under the age of 16 years
to be, loiter, idle, wander, play or otherwise remain in or upon any
public place, including but not limited to public streets, parks,
playgrounds, buildings, vacant lots or any other place open to the
public in the Village of Medina, New York, between the hours of 10:00
p.m. and 6:00 a.m. of the following day, Eastern standard time or
Eastern daylight saving time, whichever is in effect, except on weekends,
when such restricted hours shall be from 11:00 p.m. on Friday to 6:00
a.m. on the following Saturday and from 11:00 p.m. on Saturday to
6:00 a.m. on the following Sunday.
A person under the age of 16 years shall not be considered in
violation of this chapter under the following exceptional circumstances:
A.
When accompanied by a parent of such juvenile.
B.
When accompanied by a person at least 21 years of age, authorized
by a parent of such juvenile to take said parent's place in accompanying
said juvenile for a designated period of time and purpose within a
specified area.
C.
When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and the right of assembly. The juvenile shall evidence the bona fide
nature of such exercise by first delivering to the person designated
by the Chief of Police to receive such information at the Public Safety
Office at the Village Hall, 24 hours in advance, a written communication,
signed by the juvenile and countersigned by a parent of the juvenile
with their home address and telephone number, specifying when, where
and in what manner the juvenile will be on the street at night (during
hours when this chapter is otherwise applicable to said minor) in
the exercise of the First Amendment rights specified in such communication.
D.
In the case of an emergency or reasonable necessity for a juvenile
to be on the street, but only after the juvenile's parent has
communicated to the Chief of Police or the person designated by the
Chief of Police to receive such notifications the facts establishing
the reasonable necessity or emergency relating to specified streets
at a designated time or a described purpose, including points of origin
and destination.
E.
When returning home by a direct route from and within one hour after
the termination of school-sponsored activity or an activity of a religious
or other civic association.
F.
When returning home by a direct route from the juvenile's lawful
and gainful employment, provided that prior written notice has been
filed with the Chief of Police, signed by the juvenile's parent,
identifying the name, address and telephone number of the employer
and the usual hours of employment.
It shall be unlawful for a parent having legal custody of a
juvenile knowingly to permit or by inefficient control to allow the
juvenile to be or remain upon any public place in violation of this
chapter under circumstances not constituting an exception to this
chapter. The term "knowingly" includes knowledge which a parent should
reasonably be expected to have concerning the whereabouts of the juvenile
in that parent's legal custody. It is intended to require parents
to comply with this reasonable community standard of parental responsibility.
It shall, therefore, be no defense that a parent was completely indifferent
to the activities, conduct or whereabouts of such juvenile.
If a police officer reasonably believes that a juvenile is on
the streets or public places in violation of this chapter, the officer
shall notify the juvenile that he or she is in violation of the chapter
and shall require the juvenile to provide his or her name, address
and telephone number and how to contact his or her parents or guardians.
The juvenile shall then be taken to the police station, where a parent
or guardian shall immediately be notified to come for the juvenile.
A complete record of the circumstances under which the juvenile was
first seen or discovered in the apparent violation of the chapter
shall be made, and such record shall include the name and address
of said juvenile, the names and addresses of all persons who have
legal or moral obligation for said juvenile's well-being and
the nature of such obligation, i.e., parent, guardian, custodian,
etc. When a parent or guardian has come to take charge of the juvenile
and the appropriate information has been recorded, the juvenile shall
be released to the custody of such parent. If the parent cannot be
located or fails to take charge of the juvenile, then the juvenile
shall be released to the juvenile authorities, except to the extent
that, in accordance with police regulations, approved in advance by
the juvenile authorities, the juvenile may temporarily be entrusted
to an adult relative, neighbor or other person who will, on behalf
of a parent or guardian, assume the responsibility of caring for the
juvenile pending the availability or arrival of a parent or guardian.
A.
In the case of a first violation by a juvenile, the Chief of Police or his designee shall cause a written notice of the violation, with a warning that any subsequent violation will result in full enforcement of this chapter, including enforcement of parental responsibility and of applicable penalties, to be served upon the juvenile's parent or legal guardian either by personal service or certified mail. If, after the warning notice of a first violation by the juvenile, a parent violates § 103-4, in connection with a second violation by the juvenile, this shall be treated as a first offense by the parent.
B.
Any adult person violating any provision of this chapter shall, upon
conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine of not less than
$125 and not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this section shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.[1]
C.
Any juvenile who shall violate any of the provisions of this chapter
more than three times shall be reported by the Chief of Police or
his designee to the juvenile authorities as a person in need of supervision,
and the Chief of Police or his designee may proceed to file or aid
in the filing of such petitions or other papers as he shall deem appropriate
to bring such conduct to the attention of the appropriate authorities.
