[HISTORY: Adopted by the Town Board of the
Town of Chester 10-5-1993 by L.L. No. 9-1993. Amendments noted where
applicable.]
Each year during Halloween, the Town is besieged
by youths who rampage through sections of the Town creating problems
for residents and the Chester Police Department, which Department
has determined that many of the youths are nonresidents who refused
to leave the Town. Threats of extraordinary violence and destruction
beyond the scope of ordinary Halloween merriment and pranksterism
have been received by Town officials, police officers and citizens.
The complaints received by the Police Department have emphasized that
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 purposes of this chapter, the following
terms, phrases, words and their derivation shall have the meanings
given herein:
[Amended 10-16-2008 by L.L. No. 5-2008]
Any person over the age of 21 who is in loco parentis to
a minor.
Any person other than a parent who has legal guardianship
of a minor.
Any person under the age of 18 years.
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. Public place
shall include, but not be limited to, private property open to the
general public for entertainment, commerce or amusement.
During curfew hours, it shall be unlawful for
any minor to be, remain, idle, wander, stroll or play in any public
place, either on foot or in any vehicle in, about or upon any public
place in the Town unless accompanied by a parent, guardian, custodian
or other adult spouse or person having custody or control of such
minor or unless, as a result of reasonable necessity communicated
to the police by the adult, the minor is on an emergency errand or
specific business or activity directed or permitted by his parent,
guardian 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 employment, trade, profession or occupation.
The restrictions upon minors set forth in § 41-3 shall not apply to minors who are:
A.Â
Attending a function or entertainment of any church,
school, club or other similar organization that requires such minor
to be out at a later hour than called for within this chapter, provided
that the church, school, club or other similar organization shall
register in advance with the Police Department to permit the attendance
of minors past curfew hours. The registrant shall state the time when
the function or entertainment shall end. The minors who attend the
function shall be required to be in their homes or usual places of
abode within 1/2 hour after the function has ended.
B.Â
Traveling directly to or from school, a religious, governmental or judicial activity or a special function described in Subsection A.
C.Â
Exercising first amendment rights for political, religious
or communicative purposes, provided that written notice, signed by
the minor and, where practicable, a parent, custodian, guardian or
adult spouse, specifying when, where and in what manner the minor
will be exercising those rights has been delivered to the Police Department
at least two hours prior to the curfew hours.
D.Â
In bona fide movement or travel through the Town or
beginning or ending in the Town.
It shall be unlawful for any person, firm or
corporation operating or having charge of any public place to knowingly
permit or suffer in such place the presence of minors under the age
of 18 during the curfew hours.
It shall be unlawful for the parent, guardian
or other adult person having custody or control of any minor under
the age of 18 to permit or, with actual or constructive knowledge,
to allow such minor to be on or in any public property or public place
within the Town during the curfew hours. 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, as a result of reasonable necessity communicated
to the Police Department by the adult, 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.
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 him 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 shall 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
in said appearance ticket for an appearance before the Town of Chester
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, guardian, custodian or
adult having care and custody of the minor to appear with the minor
before the Justice Court at the time the appearance ticket is returnable
and, where community service has been directed, shall transport the
minor to the place on the date and time determined by the Court for
such community service to be fulfilled.
In the event that any clause, sentence, section
or other part of this chapter is declared invalid, such invalidity
shall not affect the remainder of this chapter.
