[HISTORY: Adopted by the Town Board of the Town of Deerpark by L.L. No. 3-1998. Amendments noted where applicable.]
Editor's Note: This local law also provided as follows: “Please take notice to the extent that this local law may conflict with applicable portions of the Town Law of the State of New York, it is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York, Section 10. The Town hereby provides notice that it is exercising its authority to supersede and amend pursuant to Municipal Home Rule Law of the State of New York Section 22.”
By the adoption of this chapter, the Town of Deerpark declares its intent 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 Town of Deerpark seeks to promote the safety and general welfare of the residents of the Town of Deerpark 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 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, and there is a need for a nocturnal curfew for minors, to achieve under local conditions the purposes herein stated.
As used in this chapter, the following terms shall have the meaning given herein:
- Any person 18 years of age or older.
- An activity which adult persons underwrite or promote and the adult persons take responsibility for the minor.
- An activity at which adult persons are present and take full responsibility for the minor.
- DIRECT ROUTE
- The shortest path of travel through a public place to reach a final destination, without any detour or stop.
- EMERGENCY ERRAND
- An unforeseen combination of circumstances or the resulting state that requires immediate action by the minor to prevent serious bodily injury or loss of life.
- A person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed by a court.
- Any person under the age of 18 years of age.
- A natural parent, adoptive parent, step-parent or another person, or other adult having the lawful care and custody of the minor.
- PUBLIC PLACE
- Any place to which the public or a substantial group of the public has access and includes, but is not limited to, highways, streets, alleys, parks, playgrounds, shops, shopping places, recreational or other places, transportation facilities, vacant lots, and public buildings.
Subject to the exceptions set forth in this chapter, it shall be unlawful for any minor, 17 years of age or younger, to congregate, loiter, wander or play in or upon any public place in the Town of Deerpark between the hours of 11:00 p.m. and 5:00 a.m. of the following day.
Subject to the exceptions set forth in this chapter, it shall be unlawful for the parent or guardian of any minor, 17 years of age or younger, to knowingly or negligently by insufficient control, allow such minor to congregate, loiter, wander or play in or upon any public place in the Town of Deerpark between the hours of 11:00 p.m. and 5:00 a.m. of the following day.
Exceptions shall be as follows:
When a minor is accompanied by his or her parent or guardian.
When the minor is on the property, not inclusive of any Town right-of-way/public road, immediately abutting the minor's residence, or is on the property, not inclusive of any Town right-of-way/public road, immediately abutting either next door neighbor, which neighbor has not communicated an objection to the Police Department or an officer thereof.
When the minor is traveling in a direct route to his or her residence from employment and carries a signed statement from the employer briefly identifying the minor, the address of the minor's residence, the address of the minor's place of employment, the name and title of the minor's employer who signed the statement and minor's hours of employment.
When the minor is traveling in a direct route to his or her residence from an adult-supervised or adult-sponsored religious, school, civic, not-for-profit, recreational or entertainment activity.
When the minor is in a motor vehicle with parental or guardian consent for normal travel; interstate travel beginning or ending in the Town of Deerpark is excepted.
When the minor is upon an emergency errand.
When the minor is attending or traveling in a direct route to and from an activity involving the exercise of First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly. Such minor shall evidence the intention of such exercise by exhibiting to Police Department personnel a written statement signed by such minor and countersigned by a parent of such minor, with their home address and telephone number, specifying when, where and in what manner said minor will be in a public place at night (during hours when this chapter is otherwise applicable to said minor) in the exercise of a First Amendment right specified in such statement.
Any police officer or peace officer, upon finding a minor under the age of 18 years of age in violation of this chapter, shall ascertain the name and address of the minor. Said police officer or peace officer shall issue a written statement advising the minor that he or she is in violation of this chapter and shall verbally direct the minor to proceed at once to his or her home or usual place of abode. Said police officer or peace officer shall thereafter deliver to the parent or legal guardian of the minor a copy of said written warning of violation.
If such minor under the age of 18 years of age refuses to follow the direction given by the police officer or peace officer, or if the said minor refuses to give the police officer or peace officer his or her correct name and address, or if the minor has previously been given a written warning/notice of violation of this chapter pursuant to Subsection A herein, such minor shall be taken into custody and the parent or legal guardian of the minor shall be notified to take charge of the minor.
A minor under the age of 18 years of age who has attained the age of 16 years of age discovered to be in violation of this chapter shall be issued an appearance ticket and/or arrested or otherwise dealt with in accordance with this chapter or other applicable state or local rule, law, or regulation.
A minor under the age of 18 years of age who has attained the age of 16 years of age discovered to be in violation of this chapter may be deemed to be a person in need of supervision, neglected, or delinquent and/or one or more of the above under the provisions of the Family Court Act of the State of New York. Following strictly the applicable provisions of the Family Court Act, police officers are hereby authorized to detain any minor for the purpose of determining their status, and whether the health, safety or welfare of such minor has been endangered as a result of a violation of the provisions of this chapter. The parent, guardian or adult having the care and custody of such minor shall be promptly notified as to the location that such minor can be picked up.
Any adult found to be in violation of the provisions of this chapter shall be issued an appearance ticket and/or arrested or otherwise dealt with in accordance with this chapter or other applicable state or local rule, law, or regulation.
Any person convicted for violating any provision of this chapter shall be guilty of a violation punishable by not more than 100 hours community service, a fine of not more than $250, or 15 days' imprisonment, or both such fine and imprisonment, as follows:
First violation: 20 hours of community service and/or a fine not to exceed $50.
Second violation: 20 to 50 hours of community service and/or a fine not to exceed $150.
Third violation: 20 to 100 hours of community service and/or a fine not to exceed $250.
Fourth and successive violations: a fine of not less than $100 nor more than $250 and/or not more than 15 days' imprisonment.