[HISTORY: Adopted by the Common Council of
the City of Middletown 6-10-1996 (Ch. 19A of the 1971 Code). Amendments noted where applicable.]
The Common Council has determined that large
numbers of minors have been congregating in the City during late evening
hours causing general disturbances to residents and generating a large
number of police calls and complaints. In order to reduce juvenile
crime, protect the children of this City, reinforce parental authority,
and enhance the quality of life of all residents of this City, it
is necessary that a curfew be established to keep minors out of public
areas during late evening hours.
It shall be unlawful for any child under the
age of 17 to remain in or upon any public street, highway, sidewalk,
park, school, vacant lot or other public place in the City of Middletown
between the hours of 11:00 p.m. and 6:00 a.m.
The following shall constitute valid exceptions
to the operation of the curfew:
A.
At any time, if the child is accompanied by his or
her parent or legal guardian.
B.
Until the hour of 12:00 a.m., if the child is on an
errand as directed by his or her parent or legal guardian.
C.
If the child is legally employed, for the period from
1/2 hour before to 1/2 hour after work, while going directly between
his or her home and place of employment. This exception shall also
apply if the child is in a public place during curfew hours in the
course of his or her employment. To qualify under this exception,
the child must be carrying a written statement from the employer attesting
to the place and hours of employment.
D.
Until the hour of 12:00 a.m., if the child is on the
property of or the sidewalk directly adjacent to the building in which
he or she resides or the building immediately adjacent thereto if
the owner or tenant of the adjacent building does not object.
E.
If the child is coming directly home from a school
activity or an activity of a religious or other voluntary association,
or a place of public entertainment, such as a movie, play or sporting
event. This exception will apply for 1/2 hour after the completion
of such event, but in no case beyond 12:00 a.m. If the event is not
commercial in nature or does not have a fixed, publicly known time
at which it will end, the sponsoring organization must register the
event with the Police Department at least 24 hours in advance, informing
it of the time such event is scheduled to begin, the place at which
it shall be held, the time at which it shall end, and the name of
the sponsoring organization.
F.
If the child is exercising rights protected by the
First Amendment to the United States Constitution or its parallel
provision in the New York State Constitution, provided that the child
first has given notice to the Mayor by delivering a written communication
signed by the child and countersigned by a parent or legal guardian
of the child which specifies when, where, in what matter, and for
what constitutional purpose the child will be in a public place at
night during the curfew period.
G.
If the child is responding to an emergency involving
an imminent threat of substantial harm to person or property.
A.
A police officer who has probable cause to believe
that a child is in violation of this chapter shall take such child
to the police station where the child's parents or legal guardian
shall be immediately contacted. If, after this contact, there is still
probable cause to believe that the child was violating this chapter,
the child shall be held until the parent or legal guardian comes to
take the child home. When the parent or legal guardian arrives at
the police station, he or she must be given a copy of this chapter.
If no parent or legal guardian has arrived within three hours with
respect to any child under the age of 16 years, the child shall be
turned over to the custody of the juvenile authorities until a parent
or guardian can take custody of the child. If no parent or legal guardian
has arrived within three hours with respect to any child aged 16 years,
that child shall be given a copy of this chapter and released.
B.
A second or subsequent violation of this chapter by
a child aged 16 years shall constitute an offense within the meaning
of the Penal Law of the State of New York and shall be punishable
by a fine of not less than $25 nor more than $100 or by 15 days' imprisonment,
or by both such fine and imprisonment.
C.
A second or subsequent violation of this chapter by
a child under 16 years of age shall be reported by the police to the
juvenile authorities.
[Added 10-3-2022]
A.
Notwithstanding any of the provisions contained in §§ 216-1 through 216-5 of this chapter, each year during the period of October 29 through November 1 between the hours of 9:00 p.m. through 6:00 a.m. on each day, it shall be unlawful for any person under the age of 18 years (hereafter referred to as "minor") to be in any public place (including, but not limited to, any street, alley, highway or other public thoroughfare, sidewalk, park, playground, store, shop, restaurant, tavern, cafe theater, shopping center and any other place devoted to amusement or open to the general public) or on private property other than such minor's home or usual place of abode, within the City of Middletown, New York, either on foot or in a vehicle, except:
(1)
When accompanied by a parent or guardian; or
(2)
When the minor is on an emergency errand; or
(3)
When the minor is on a specific business or activity directed by
his or her parent or guardian, in writing, identifying the minor,
the specific business or activity, the location or locations of such
business or activity and the time when such business or activity shall
end, and signed by such parent or guardian; or
(4)
When the presence of such minor is required in connection with some
legitimate employment, trade, profession or occupation.
B.
It shall be unlawful for any person operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours set forth above in Subsection A.
C.
The following procedures shall be followed in the event of any violations
of this Halloween curfew:
(1)
Any police or peace officer, upon finding a minor in violation of the prohibitions set forth above in Subsection A, shall ascertain the name and the address of the minor and warn the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police or peace officer shall report such action to the parents or guardian of the minor.
(2)
If such minor refuses to heed the warning or direction given by any
police or peace officer or refuses to give the police or peace officer
his or her correct name and address, or if the minor has been warned
on a previous occasion that he or she was in violation of this curfew,
such minor shall be taken to the City of Middletown Police Station
and the parent or guardian of the minor shall be notified to come
and take charge of such minor and return such minor to the minor's
home or usual place of abode. Such minor, in the discretion of the
Chief of Police, may also be issued an appearance ticket to appear
in the Middletown City Court to answer charges of violation of this
curfew, and any operator of any public place who has suffered the
presence of such minor or minors may also be issued an appearance
ticket to appear in the Middletown City Court to answer charges of
violation of this curfew.
D.
A violation of this section by a child aged 16 or 17 years shall
constitute an offense within the meaning of the Penal Law of the State
of New York and shall be punishable by a fine of not more than $250
or by 15 days' imprisonment, or by both such fine and imprisonment.
E.
A second or subsequent violation of this section by a child under
16 years of age shall be reported by the police to the juvenile authorities.
