[HISTORY: Adopted by the Town Board of the Town of Deerpark by L.L.
No. 3-1998.[1] Amendments noted where applicable.]
[1]
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.
The shortest path of travel through a public place to reach a final
destination, without any detour or stop.
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.
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:
A.
When a minor is accompanied by his or her parent or guardian.
B.
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.
C.
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.
D.
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.
E.
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.
F.
When the minor is upon an emergency errand.
G.
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.
A.
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.
B.
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.
(1)
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.
(2)
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.
C.
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:
A.
First violation: 20 hours of community service and/or
a fine not to exceed $50.
B.
Second violation: 20 to 50 hours of community service
and/or a fine not to exceed $150.
C.
Third violation: 20 to 100 hours of community service
and/or a fine not to exceed $250.
D.
Fourth and successive violations: a fine of not less
than $100 nor more than $250 and/or not more than 15 days' imprisonment.
