[HISTORY: Adopted by the Town Board of the Town of Rhinebeck 4-14-1971
as L.L. No. 2-1971. Sections 53-4 and 53-5 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
This law is to be known as the "Halloween Curfew Law of the Town of
Rhinebeck."
As used in this chapter, the following terms shall have the meanings
indicted:
CURFEW
That period of time when certain designated groups of persons must
vacate the streets.
HALLOWEEN
The evening of October 31 preceding the religious festival All Saints'
Day, wherein there is held a celebration which people disguise themselves
in masks and costumes to represent strange forms and engage in various forms
of trickery.
HALLOWEEN CELEBRATION
The period beginning at dusk on October 31 and ending at dawn on
November 1 of each year.
There shall be a curfew during the Halloween celebration period throughout
the Town of Rhinebeck, except the incorporated Village of Rhinebeck as follows:
A. All persons under 10 years of age shall not be on any
street, road, sidewalk, highway or other outdoor public place between the
hours of 8:00 p.m. and the end of the Halloween celebration period as defined
herein, except if accompanied by a parent or guardian.
B. No person over the age of 10 years but under 18 years
of age shall be on any street, road, sidewalk, highway or other outdoor public
place between the hours of 11:00 p.m. and the end of the Halloween celebration
period as herein defined, unless accompanied by a parent or guardian.
C. Any person within the aforementioned age group who is
found in the aforementioned public places and who cannot show good cause why
he should be abroad at that hour shall be presumed to be in violation of this
chapter.
It shall be the duty of any peace officer to inquire of any persons prohibited from being abroad pursuant to §Â
53-3 as to the reason for being abroad, and unless that person shows to the peace officer good cause for his presence, he shall be brought before a Town Justice and charged with a violation of this chapter. Good cause shall include but not be limited to a person passing from a location to his home and from one home or place to another with a specific lawful purpose and doing so in an orderly manner.
Enforcement of this chapter by any peace officer shall not preclude
him from enforcing any and all other laws of the State of New York.
Any breach of this chapter shall be deemed to be a violation as defined
in the Penal Law of the State of New York.