[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.]
[1]
Editor's Note: This local law superseded former Ch. 55, Curfew,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:
A.
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.
B.
Until the hour of 12:00 midnight if the child is on an
errand as directed by his or her parent or legal guardian.
C.
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.
D.
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.
E.
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.
F.
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.
G.
If the child is responding to an emergency involving
an imminent threat of substantial harm to person or property.
A.
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.
B.
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.
