[HISTORY: Adopted by the Town Board of the Town of Lloyd 7-26-1995
by L.L. No. 2-1995. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town of Lloyd 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 Lloyd seeks to promote the safety and general welfare of the residents
of the Town of Lloyd 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 meanings
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 or any person 17 or less years of
age.
A natural parent, adoptive parent, stepparent 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 plazas, 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 Lloyd between the hours of
9:00 p.m. and 6:00 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 Lloyd between the
hours of 9:00 p.m. and 6:00 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 accompanied by an adult authorized
by the parent or guardian of the minor.
C.
When the minor is on the sidewalk abutting the minor's
residence or is on the sidewalk or the area abutting either next-door neighbor,
which neighbor has not communicated an objection to the Police Department
or an officer thereof.
D.
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 the minor's hours of employment.
E.
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.
F.
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 Lloyd is excepted.
G.
When the minor is upon an emergency errand.
H.
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.
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 person convicted for violating any provision of this chapter shall
be guilty of a violation punishable by a fine of not more than $250 or 15
days imprisonment, or both.
A.
If any section, subsection, sentence, clause or phrase
of this regulation is for any reason held by a court of competent jurisdiction
to be unconstitutional or invalid, such decision shall not effect the validity
of the remaining portions of this regulation.
B.
The Town of Lloyd Town Board declares that they would
have passed this regulation and every section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional.
