[HISTORY: Adopted by the Board of Trustees of the Village of Holley 11-19-1997 by L.L. No. 9-1997. Amendments noted where applicable.]
A. 
It is the purpose of the Village to promote the health, safety and general welfare of the residents of the Village and to maintain rule and order 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, in order to reduce juvenile crime and vandalism, to protect the children and minors of the Village, and to further family responsibility.
B. 
It has been the policy of the Village of Holley to minimize nocturnal crime, juvenile delinquency and vandalism and to prevent the damage and destruction of both public and private property by promoting a sense of responsibility in our young people, encouraging greater responsibility through effective parenting, together with law enforcement efforts which recognize that children of lesser years may not fully comprehend their responsibilities as residents of the Village of Holley.
C. 
Cognizant of the different impacts which nocturnal crime, juvenile delinquency and vandalism have on different sectors of the Village of Holley, the Board of Trustees of the Village hereby makes the following findings:
(1) 
There has been a significant breakdown in the supervision normally provided by certain parents and guidance for minors resulting in minors being involved in a wide range of unacceptable conduct, including vandalism, noisy, rowdy and disturbing behavior, breaking and entering, public drinking, littering and harassment of Village residents.
(2) 
A number of minors have been congregating in the Village after dark causing disturbances to residents.
(3) 
Existing laws which otherwise act as a deterrent to adult conduct do not easily control offensive activities of minors.
(4) 
The sense of the community is that there is a proper time for the cessation of outdoor activities of minors.
(5) 
There is a need for a curfew for minors to achieve, under local conditions, the aforesaid purposes and policies of the Village of Holley.
(6) 
Curfew regulations will meet special needs, will enable the community to better control streets and public places, will be a significant factor in minimizing juvenile delinquency and will enable the police to act reasonably and fairly to prevent the violations of laws by minors.
(7) 
The curfew hours declared by this chapter take into consideration the danger hours for nocturnal crime and for activities of minors with the potential risks incident to immaturity.
(8) 
Curfew regulations in other municipalities have been a significant factor in reducing juvenile delinquency.
(9) 
Parental responsibility for the whereabouts and conduct of minors should be the norm; as parental control increases, the likelihood of juvenile delinquency decreases.
(10) 
A parent or guardian who fails to properly supervise the activities of a minor is impairing the physical, mental and emotional welfare of that minor or is placing said minor in imminent danger of being impaired, which is neglectful conduct on behalf of the parent or guardian, requiring the intervention of the courts.
A. 
As used in this chapter, the following terms, phrases words and their derivations shall have the meanings indicated:
KNOWINGLY
Includes knowledge of information which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. It is intended to include and require neglectful or careless parents to maintain a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was indifferent to the activities, conduct or whereabouts of such minor.
MINOR
Any person under the age of 18 years of age, or in equivalent phrasing sometimes employed herein, any person 17 or less years of age.
PARENT
Any person having legal custody of a minor as a natural or adoptive parent, as a legal guardian, as a person who stands in loco parentis or as a person to whom legal custody has been given by court order.
PARENTAL CONSENT
A written document signed by the parent, authorizing the conduct of the minor, in accordance with the limitations herein.
PUBLIC PLACE
Any place to which the public has access, whether privately or publicly owned, including, but not limited to, public streets, roads, thoroughfares, sidewalks, bridges, alleys, plazas, parks, recreation or shopping areas, stores, cafes, restaurants, eating establishments, public transportation facilities, vehicles used for public transportation, parking lots, or any other public building, structure or area.
REMAIN or LOITER
To stay behind, to tarry, or to stay at or upon a public place.
TIME OF NIGHT
Based upon the prevailing standard of time, whether Eastern Standard Time or Eastern Daylight Saving Time, generally observed at that hour by the public in the Village.
YEARS OF AGE
Years of age continues from one birthday to, but not including, the day of the next so that 17 or less years of age is equivalent to under 18 years of age.
B. 
The word "shall" is mandatory; the word "may" is permissive. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural.
It shall be unlawful and a violation of this chapter for a minor to be or loiter or remain in, on or upon a public place within the Village between the following hours (the "curfew hours"):
A. 
Beginning at 11:00 p.m. on Friday and Saturday nights and extending until 5:00 a.m. on the following day.
B. 
Beginning at 10:00 p.m. on all other nights and extending until 5:00 a.m. on the following day.
A minor in a public place during the curfew hours shall not be considered in violation of this chapter under the following circumstances:
A. 
When a parent of such minor accompanies the minor.
B. 
When the minor is accompanied by an adult authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within a specified area.
C. 
When the minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion or freedom of speech, provided that the minor has in his possession a writing, signed by the minor and by a parent of the minor with their home address and telephone number specifying when, where and in what manner the minor will be in a public place during the curfew hours in the exercise of a First Amendment right specified in such writing.
D. 
When the minor is, with parental consent, in or on a public place in a case of reasonable necessity.
E. 
When the minor is on the sidewalk or property where the minor resides or on either side of or across the street from the place where the minor resides and the adult owner or resident of that property has given permission for the minor to be there.
F. 
When the minor is, with parental consent, returning home from, and within one hour after the termination of, a school- or Village-sponsored activity or an activity of a religious, voluntary, cultural or community organization.
G. 
When the minor is, with parental consent, in a motor vehicle engaged in normal travel.
H. 
When the minor is engaged in bona fide interstate travel beginning or ending in the Village.
I. 
When the minor is engaged in the scope of, or traveling to or from, a place of employment.
J. 
When the minor is engaged in an errand involving a medical emergency or other emergency involving an immediate and significant threat to life or property.
K. 
When the minor is 17 years of age and has parental consent for the use by such minor of generally designated public places for generally designated periods of time.
L. 
When the minor is authorized by a special permit from the Village Board carried on the person of the minor thus authorized, as follows: when necessary nighttime activities of a minor are inadequately provided for by the provisions of this chapter, recourse may be had to the Village Board for a special permit as circumstances warrant. Upon the Village Board's finding of necessity for the use of a public place or places, and with written parental consent, the Village Board may grant a special permit in writing for use by such minor of a specified public place or places, for specified periods of time, as, in the Village Board's judgment, may be necessary. Such special permit may be revoked by the Village Board for good cause shown following a hearing.
It shall be unlawful and a violation of this chapter for a parent knowingly to permit, or by inefficient control to allow, a minor to be or loiter or remain in, or on or upon a public place in the Village during curfew hours under circumstances not constituting an exception to or an exemption from or otherwise beyond the scope of this chapter.
A. 
If a police officer reasonably believes that a person is in a public place in violation of this chapter, the officer shall notify the person of such violation and shall require the person to provide his or her name, address, telephone number and how to contact his or her parents. In determining the age of the person, and in the absence of convincing evidence such as a birth certificate or driver's license, the officer shall use his or her best judgment in determining age.
B. 
If the officer determines or has reason to believe that a person is in violation of this chapter, he or she shall, if practicable, take the person to police headquarters, where a parent shall be immediately notified and required to report to police headquarters and procure the person, whereupon the parent shall be questioned to ascertain, within constitutional limits, the relevant facts. The minor shall not, in the event of a violation of this chapter, be detained in any prison, jail, lockup or other place used for adults convicted of crime or under arrest and charged with a crime.
C. 
The officer shall file a written report.
D. 
The officer shall issue such notices of appearance, appearance tickets, or take such further action as the circumstances and this chapter require. Nothing in this section shall be deemed to limit the authority of the officer to issue tickets or arrest individuals and cause their detention for other violations of the law.
E. 
The minor shall be released to the custody of a parent, if appropriate under the circumstances.
F. 
If a parent cannot be located or fails to take charge of the minor, the minor may temporarily be entrusted to a relative, neighbor or other responsible person who will accept the responsibility of caring for the minor pending availability of a parent. A minor shall not be detained beyond such period of time as is reasonably necessary to provide for the safety of said child and transfer to a parent or other responsible person.
G. 
In the event that there is no parent or responsible person available, the officer shall contact the County Child Protective Services and request assistance in the temporary placement of the child in a place certified by the State Division for Youth as a juvenile detention facility for the reception of children, as provided for in § 724(b)(iii) of the Family Court Act.
H. 
In the case of a first violation by a minor, the Chief of Police shall, by certified mail, return receipt requested, or personal service, deliver to a parent written notice of the violation, with a warning that any subsequent violation will result in full enforcement of the Curfew Law, including enforcement of parental responsibility and of applicable penalties.
I. 
In the case of knowing failure by a parent to comply with the requirements of this chapter, or subsequent violation by a minor of this chapter, the Chief of Police shall act in accordance with § 120-7 herein.
A. 
Any minor under the age of 16 years of age violating the provisions of this chapter, shall be dealt with as follows:
(1) 
On the first violation, the Chief of Police shall act in accordance with § 120-6H above.
(2) 
On the second violation, the Chief of Police shall request that the minor and his lawful guardians meet with the Chief of Police, to discuss the violations of this chapter, at a specified time and place.
(3) 
In the event of a third violation, or in the event of either the minor or lawful guardian failing to appear as requested by the Chief of Police as provided for in Subsection A(2) above, the Chief of Police shall initiate a proceedings pursuant to Article 7 of the Family Court Act to adjudicate the need for supervision of a minor. The Village Attorney is authorized to represent the Village and the Police Department in such event.
B. 
Any minor between the ages of 16 and 18 years of age who shall have at any prior time been notified of a first offense violation of § 120-6H, and is thereafter in violation of this chapter, shall be guilty of a violation. Any minor convicted for violating this section of this chapter shall be guilty of a violation and punished by a fine of not more than $50 for the first conviction, $100 for the second conviction and $250 for each conviction thereafter, by a term of imprisonment not to exceed 15 days or a term of public service as determined by the Court, or any combination thereof.
C. 
Any parent or lawful guardian who shall violate § 120-5 above shall be deemed to be a neglectful parent, and the Chief of Police shall (1) inform the child abuse hotline of the neglect by the parent, and (2) file a petition pursuant to Article 10 of the Family Court Act for neglect of the child in accordance with the provisions thereof. The Village Attorney is authorized to represent the Village and the Police Department in such event.
Notice of the existence of this chapter and of the curfew regulations established by it shall be posted, from time to time, in, on or at such public or quasi-public places as may be determined by the Chief of Police in order that the public may be informed of the existence of this chapter and its regulations.