[HISTORY: Adopted by the Town Board of the
Town of Clarkstown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-28-1977 by L.L. No. 7-1977 (Ch.
70 of the 1974 Code)]
The Town Board has become aware of the increased
incidents of acts of vandalism, criminal mischief and similar offenses
perpetrated by minors. It is believed that increased parental responsibility
for the actions of their children and wards is essential for the effective
prevention and control of such juvenile offenses. Therefore, this
article is promulgated to provide means for alleviating this problem
and to ensure the safety of the property of the residents and taxpayers
of the Town of Clarkstown.
As used in this article, unless the context
otherwise requires, the terms specified shall have the meanings ascribed
to them:
A person appointed guardian or given custody of a minor by
a court of this state.
A person who has not attained the age of 18 years.
[Amended 8-20-2013 by L.L. No. 6-2013]
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot or any
other public building, structure or area.
[Added 8-20-2013 by L.L. No. 6-2013]
A.Â
The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility, and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian, in violation of this article, upon the occurrence of the events described in Subsection A(1), (2) and (3) below:
(1)Â
An unemancipated minor residing with said parent or
legal guardian shall be adjudicated to be in violation of any state
or town ordinance, law or statute prohibiting willful and malicious
acts causing injury to property situate within the Town of Clarkstown.
(2)Â
Said parent or legal guardian shall have received
a written notice of such adjudication, either by certified or registered
mail, return receipt requested, from the court having jurisdiction
of the matter or by personal service with a certificate of personal
service returned from the Police Department of the Town of Clarkstown
following said adjudication.
A.Â
Any person convicted of a violation of the provisions
of this article shall be guilty of an offense, and such person shall
be liable for a fine of not more than $250 or imprisonment for a period
of not more than 15 days, or both, for each offense. A violation of
this article shall not constitute a misdemeanor.
[Amended 9-11-1991 by L.L. No. 6-1991]
B.Â
In the event that full restitution is made to the
victims of property damage by persons charged with a violation of
this article, such restitution may be grounds for dismissal by the
court, in its discretion, of charges hereunder.
[Adopted 4-3-1974 by L.L. No. 2-1974 as
part of Ch. 74 of the 1974 Code]
[Amended 9-11-1991 by L.L. No. 6-1991; 8-20-2013 by L.L. No. 6-2013]
It shall be illegal for any minor under 16 years
of age to be or remain on or upon the streets or in any public place
within the Town of Clarkstown between the hours of 11:00 p.m. on Friday
and Saturday nights and extending until 5:00 a.m. on the following
day and beginning at 10:00 p.m. on all other nights and extending
until 5:00 a.m. the following day, except that said curfew shall be
extended during the months of June, July and August to include weekday
nights between 11:00 p.m. and extending until 5:00 a.m. on the following
day, unless accompanied by a parent or legal guardian or adult authorized
by a parent of such minor to take said parent's place in accompanying
said minor for a designated period of time and purpose within a specified
area. This article shall not apply if such minor is on an errand or
duty directed by the parent, guardian or other person having the care
of such minor; or if the minor's lawful employment makes it necessary
for such minor to be on the streets; or if the minor is traveling
directly to or from any adult-sponsored activities sponsored by any
school, church or other religious institution or civic or nonprofit
organization; or when engaged in an errand involving a medical emergency;
or when the minor is on the sidewalk or property where the minor resides.
[Amended 4-28-1976 by L.L. No. 3-1976; 8-7-1984 by L.L. No. 2-1984; 9-11-1991 by L.L. No. 6-1991]
Any person committing an offense against any provision of this article shall be guilty of a violation punishable by a fine 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 article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Any minor violating the provisions of § 198-5 shall be dealt with in accordance with Family Court law and procedure
[Added 8-20-2013 by L.L. No. 6-2013]
This chapter shall be liberally construed to protect the rights
of minors.
