Village of Greene, NY
Chenango County
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[HISTORY: Adopted by the Board of Trustees of the Village of Greene 2-14-2000 by L.L. No. 1-2000.[1] Amendments noted where applicable.]
Mass gatherings — See Ch. 72.
Streets and sidewalks — See Ch. 105.
Editor's Note: This local law superseded former Ch. 55, Curfew, adopted 8-10-1998 by L.L. No. 1-1998.
It is hereby declared to be the policy of the Village of Greene to minimize nocturnal crime, juvenile delinquency and vandalism and to prevent the destruction and damage of both public and private property. By this chapter, the Village of Greene seeks to promote the safety and general welfare of the residents of the Village of Greene 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 Village at night, all for the good of minors, for the furtherance of family responsibility and for the public good, safety and welfare. The Board finds that a curfew for minors meets a very local need and will be a significant factor in minimizing juvenile delinquency. This chapter takes into consideration also the danger hours for nocturnal crime and for accumulations of minors with potential risks incident to immaturity. Parental responsibility for the whereabouts of children is the norm; and, as parental control increases the likelihood of juvenile delinquency decreases. There is a need for a nocturnal curfew for minors to achieve under local conditions the purposes herein stated.
This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law.
It shall be unlawful for any child under the age of 17 to remain in or upon any public street, highway, park, vacant lot or other public place in the Village of Greene between the hours of 11:00 p.m. and 6:00 a.m.
The following shall constitute valid exceptions to the operation of the curfew:
At any time, if the child is accompanied by his or her parent, legal guardian or other responsible person who is over the age of 21 and approved by the child's parent or legal guardian.
Until the hour of 12:00 midnight if the child is on an errand as directed by his or her parent or legal guardian.
If the child is legally employed, for a period from 1/2 hour before to 1/2 hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the child is in a public place during curfew hours in the course of his or her employment. To qualify under this exception, the child must be carrying a written statement from the employer attesting to the place and hours of employment.
If the child is coming directly home from a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event. This exception will apply for 1/2 hour after the completion of such event but in no case beyond 12:00 midnight.
If the minor is exercising First Amendment rights protected by the Constitution, such as the free exercise of written communication signed by the minor and countersigned by a parent of the minor which specifies when, where, in what manner and for what First Amendment purpose the minor will be on the streets at night during the curfew period.
Until the hour of 12:00 midnight, if the child is on the property of or the sidewalk directly adjacent to the building in which he or she resides or the building immediately adjacent thereto if the owner or tenant of the adjacent building does not object.
If the child is responding to an emergency involving an imminent threat of substantial harm to person or property.
A police officer who has probable cause to believe that a child is in violation of this chapter shall take such child to the police station, where the child's parents or guardian shall be contacted immediately. If after this contact there is still probable cause to believe that the child was violating this chapter, the child shall be held at the police station until the parent or guardian comes to take the child home. When the parent or guardian arrives, he or she must be given a copy of this chapter. If no parent or guardian has arrived within two hours, the child shall be turned over to the custody of a responsible adult until a parent or guardian can take custody of him or her. If no parent or legal guardian has arrived within two hours with respect to any child aged 16 years, that child shall be given a copy of this chapter and released.
A second or subsequent violation of this chapter by a child aged 16 years shall constitute an offense within the meaning of the Penal Law of the State of New York and shall be punishable by a fine or not less than $25 nor more than $100, or by 15 days imprisonment, or by both such fine and imprisonment. A second violation of this chapter by a child less than 16 years of age will result in the parent or guardian of said child being fined not less than $25 nor more than $100, or by 15 days imprisonment, or by both such fine and imprisonment. The arresting police agency may report said violation to juvenile authorities for further court action.