Town of Newfane, NY Chapter 95 Curfew

[HISTORY: Adopted by the Town Board of the Town of Newfane 3-24-1993 by L.L. No. 1-1993[1] (Ch. 10 of the 1971 Code). Amendments noted where applicable.]

[1] Editor's Note: this chapter superseded original Ch. 10, Curfew, adopted 7-27-1977 by L.L. No. 3-1977.

§ 95-1 Hours.

[Amended 8-22-2007 by L.L. No. 2-2007]

It shall be unlawful and a violation of this chapter for any child under the age of 16 to remain or loiter on the streets, alleys, public parks or other public areas of the Town of Newfane after 11:00 p.m. and prior to 5:30 a.m., Sunday through Thursday, and after 12:00 midnight Friday and Saturday. "Public area" is defined for the purpose of this chapter to be any area having unrestricted access by the public, regardless of whether such area is owned by a governmental entity or privately owned.

§ 95-2 Responsibility of parent or guardian.

It is unlawful and a violation of this chapter for any parent, guardian or other person having legal custody of any child under the age of 16 to allow or permit any such child to be on the streets in violation of this chapter unless accompanied by such parent or legal guardian.

§ 95-3 Enforcement.

Any law enforcement officer shall be allowed to detain and take into custody any minor violating this chapter. Any parent or guardian who shall knowingly, willfully or otherwise permit any violation of the provisions of this chapter by such child shall be liable to a fine of not less than $25 nor more than $250 for each such violation. If said law enforcement officer is unable to make contact with the parents, he shall take the child to the proper family court authority until such time as proper notification can be made.

§ 95-4 Penalties for offenses.

Any person arrested under this chapter shall be considered a disorderly person and any violation shall be deemed disorderly conduct and shall, upon conviction, be punishable by a fine not to exceed $250.

§ 95-5 Exceptions.

A. The provisions of this chapter shall not apply to a minor accompanied by his or her parent, guardian or other adult having the care, custody and supervision of such minor.

B. The provisions of this chapter shall not apply to minors going directly to or from their place of employment or from any adult-supervised activities sponsored by any school, church, civic or not-for-profit organization.