[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 5-13-1996 by L.L. No. 6-1996 (Ch.
12 of the 1983 Code). Amendments noted where applicable.]
This chapter shall be known as the "Curfew Law
of the Town/Village of East Rochester."
A.
Policy. It is hereby declared to be the policy of
the Town/Village of East Rochester (the "Town/Village") to minimize
nocturnal crime, juvenile delinquency and vandalism and to prevent
the damage and destruction of both public and private property.
B.
Purpose. It is the purpose of the Town/Village to
promote the health, safety and general welfare of the residents of
the Town/Village and to maintain rule and order by prescribing, in
accordance with prevailing community standards, regulations concerning
the presence of minors on streets, roads, highways, public parks or
other public areas of the Town/Village at night, to reduce juvenile
crime and vandalism, to protect the children and minors of the Town/Village
and to further family responsibility.
C.
Findings. The Board of Trustees of the Town/Village
hereby finds that:
(1)
There has been a significant breakdown in the supervision
normally provided by certain parents and guidance for minors resulting
in minors being involved in a wide range of unacceptable conduct,
including vandalism, noisy, rowdy and disturbing behavior, breaking
and entering, public drinking, littering and harassment of Town/Village
residents.
(2)
Significant numbers of minors have been congregating
in the Town/Village after dark causing disturbances to residents.
(3)
Offensive activities of minors are not easily controlled
by existing laws.
(4)
The sense of the community is that there is a proper
time for the cessation of outdoor activities of minors.
(5)
There is a need for a curfew for minors to achieve,
under local conditions, the policy and purposes herein stated.
(6)
Curfew regulations will meet special needs, will enable
the community to better control streets and public places, will be
a significant factor in minimizing juvenile delinquency and will enable
the police to act reasonably and fairly to prevent the violation of
laws by minors.
(7)
The curfew hours declared by this chapter take into
consideration the danger hours for nocturnal crime and for accumulations
of minors with the potential risks incident to immaturity.
(8)
Curfew regulations in other communities have been
a significant factor in reducing juvenile delinquency.
(9)
Parental responsibility for the whereabouts and conduct
of minors should be the norm; as parental control increases, the likelihood
of juvenile delinquency decreases.
A.
KNOWINGLY
MINOR
PARENT
PUBLIC PLACE
REMAIN OR LOITER
TIME OF NIGHT
YEARS OF AGE
As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings indicated:
Includes knowledge of information which a parent should reasonably
be expected to have concerning the whereabouts of a minor in that
parent's legal custody. It is intended to include and require neglectful
or careless parents to maintain a reasonable community standard of
parental responsibility through an objective test. It shall be no
defense that a parent was indifferent to the activities, conduct or
whereabouts of such minor.
Any person under the age of 18 years of age, or in equivalent
phrasing sometimes employed herein, any person 17 or less years of
age.
Any person having legal custody of a minor as a natural or
adoptive parent, as a legal guardian, as a person who stands in loco
parentis or as a person to whom legal custody has been given by court
order.
Any place to which the public has access, whether privately
or publicly owned, including but not limited to public streets, roads,
thoroughfares, sidewalks, bridges, alleys, plazas, parks, recreation
or shopping areas, stores, cafes, restaurants, eating establishments,
public transportation facilities, vehicles used for public transportation,
parking lots or any other public building, structure or area.
To stay behind, to tarry or to stay in or upon a public place.
Based upon the prevailing standard of time, whether Eastern
standard time or Eastern daylight savings time, generally observed
at that hour by the public in the Town/Village.
Years of age continues from one birthday to, but not including,
the day of the next so that 17 or less years of age is equivalent
to under 18 years of age.
B.
The word "shall" is mandatory; the word "may" is permissive.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
and words in the singular number include the plural.
It shall be unlawful and a violation of this
chapter for a minor to be or loiter or remain in, on or upon a public
place within the Town/Village between the following hours (the "curfew
hours"):
A minor in a public place during the curfew
hours shall not be considered in violation of this chapter under the
following circumstances:
A.
When the minor is accompanied by a parent of such
minor.
B.
When the minor is accompanied by an 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.
C.
When the minor is exercising First Amendment rights
protected by the United States Constitution, such as the free exercise
of religion, freedom of speech and the right to such exercise, provided
that the minor has in his possession a writing, signed by the minor
and by a parent of the minor, with their home address and telephone
number, specifying when, where and in what manner the minor will be
in a public place during curfew hours in the exercise of a First Amendment
right specified in such writing.
D.
When the minor is, with parental consent, in or on
a public place in a case of reasonable necessity.
E.
When the minor is on the sidewalk or property where
the minor resides or on either side of or across the street from the
place where the minor resides and the adult owner or resident of that
property has given permission for the minor to be there.
F.
When the minor is, with parental consent, returning
home from and within one hour after the termination of a school or
Town/Village-sponsored activity or an activity of a religious, voluntary,
cultural or community organization.
G.
When the minor is, with parental consent, in a motor
vehicle engaged in normal travel. When the minor is engaged in bona
fide interstate movements along major routes through the Town/Village
and interstate travel beginning or ending in the Town/Village.
H.
When the minor is engaged in or traveling to or from
a place of employment.
I.
When the minor is engaged on an errand involving a
medical emergency or other emergency involving an immediate and significant
threat to life or property.
J.
When the minor is 17 years of age and has parental
consent for the use by such minor of generally designated public places
for generally designated periods of time.
K.
When the minor is authorized by a special permit from
the Town/Village Board of Trustees carried on the person of the minor
thus authorized, as follows: when necessary nighttime activities of
a minor are inadequately provided for by the provisions of this chapter,
recourse may be had to the Town/Village Board of Trustees for a special
permit as circumstances warrant. Upon the Town/Village Board of Trustees'
finding of necessity for the use of a public place or places, and
with written parental consent, the Town/Village Board of Trustees
may grant a special permit, in writing, for use by such minor of a
specified public place or places, for specified periods of time as
in the Town/Village Board of Trustees' judgment may be necessary.
Such special permit may be revoked by the Town/Village Board of Trustees
for good cause shown following a hearing.
It shall be unlawful and a violation of this
chapter for a parent knowingly to permit, or by inefficient control
to allow, a minor to be or loiter or remain in or on or upon a public
place in the Town/Village during curfew hours under circumstances
not constituting an exception to or an exemption from or otherwise
beyond the scope of this chapter.
A.
If a police officer reasonably believes that a person
is in a public place in violation of this chapter, the officer shall
notify the person of such violation and shall require the person to
provide his or her name, address, telephone number and how to contact
his or her parents. In determining the age of the person, and in the
absence of convincing evidence, such as a birth certificate or driver's
license, the officer shall use his or her best judgment in determining
age.
B.
If the officer determines or has reason to believe
that a person is in violation of this chapter, he or she shall, if
practicable, take the person to police headquarters, where a parent
shall be immediately notified and required to report to police headquarters
and procure the person, whereupon the parent shall be questioned to
ascertain, within constitutional limits, the relevant facts.
C.
The officer shall file a written report.
D.
The officer shall issue an appearance ticket or tickets
as the circumstances require.
E.
The minor shall be released to the custody of a parent.
F.
If a parent cannot be located or fails to take charge
of the minor, the minor may temporarily be entrusted to a relative,
neighbor or other person who will assume responsibility of caring
for the minor pending availability of a parent.
H.
In the case of a first violation by a minor, the Chief
of Police shall, by certified mail return receipt requested, send
to a parent written notice of the violation, with a warning that any
subsequent violation will result in full enforcement of the curfew
law, including enforcement of parental responsibility and of applicable
penalties.
A.
Any minor under the age of 16 years of age violating the provisions of this chapter shall be dealt with in accordance with the procedures contained in § 79-7 herein and on each violation shall be treated as a first violator.
B.
Any minor between the ages of 16 and 18 years of age
convicted for violating any provision of this chapter shall be guilty
of a violation punishable by a fine of not more than $50 for the first
conviction, $100 for the second conviction and $250 thereafter or
by a term of imprisonment not to exceed 15 days or be required to
perform community service, or any combination thereof.
C.
Any parent convicted for violating any provision of
this chapter shall be guilty of a violation punishable by a fine of
not more than $50 for the first conviction, $100 for the second conviction
and $250 thereafter or by a term of imprisonment not to exceed 15
days or be required to perform community service, or any combination
thereof.
Notice of the existence of this chapter and
of the curfew regulations established by it shall be posted, from
time to time, in, on or at such public or quasi-public places as may
be determined by the Chief of Police in order that the public may
be informed of the existence of this chapter and its regulations.