This chapter shall be entitled "A Local Law
of the Village of Westfield, County of Chautauqua, New York, Establishing
a Curfew for Minor Children Under the Age of Eighteen Years."
[Amended 9-18-2023 by L.L. No. 5-2023]
It shall be unlawful and a violation of this
chapter for any person under the age of 18 years to be or loiter or
remain in or upon the streets, roads, highways, public parks or other
public areas within the Village of Westfield at night during the period
beginning at 11:00 p.m. and ending at 6:00 a.m. Sunday through Thursday,
and beginning at 12:00 midnight and ending at 6:00 a.m. Friday and
Saturday nights.
A minor on or upon a Village street, road, highway,
public park or other public area during the nighttime hours for which
this chapter applies shall not be considered in violation of this
chapter under the following circumstances:
A. When the minor is also accompanied by a parent of
such minor;
B. When the minor is also accompanied by an adult authorized
by a parent of such minor to take said parent's place in accompanying
the minor for a designated period of time and purposes within a specified
area;
C. When the minor is exercising First Amendment rights
protected under the Constitution of the United States, such as the
free exercise of religion, speech and assembly, provided that such
minor can evidence the intention of such exercise by exhibiting to
enforcement personnel a written statement, signed by the minor and
by a parent of such minor, specifying when, where and in what manner
the minor will be on public areas at night during hours when this
chapter is otherwise applicable, and specifying the home address and
telephone number of said minor;
D. In the case of reasonable necessity for the minor
to be or remain on public areas, provided that such minor can evidence
and establish, by exhibiting to enforcement personnel a written statement
signed by the minor and by a parent of such minor, the reasonable
necessity relating to specific public areas at a designated time for
a described purpose including points of origin and destination, specifying
when, where and in what manner the minor will be on public areas at
night during hours when this chapter is otherwise applicable, and
specifying the home address and telephone number of said minor;
E. When the minor is on the sidewalk or property immediately
in front of the place where such minor resides;
F. When the minor is engaged in or traveling directly
to or from a place of employment;
G. When the minor is engaged in an errand involving a
certified medical emergency;
H. When the minor is, with parental consent, in a motor
vehicle and is engaged in normal travel to and from a set destination.
It is the intention of this provision to clearly exempt bona fide
interstate movements along major routes through the Village of Westfield
and interstate travel beginning or ending in the Village of Westfield.
I. When the minor is returning home from and within one
hour after the termination of school- or Village-sponsored activity
or an activity of a religious or other voluntary association, provided
that such minor can evidence the written permission of a parent, signed
by the minor and a parent of said minor, and including the home address
and telephone number of the minor and the place and probable time
of termination of the activity;
J. When authorized by a special permit from the Village
Clerk or by a resolution duly passed by the Board of Trustees of the
Village of Westfield, provided that such allowances are granted in
writing and are based upon a finding that they are reasonably necessary.
Any person convicted of violating any provision
of this chapter shall be guilty of a violation punishable by a fine
of not more than $250 and/or imprisonment for not more than 10 days,
or both. If the violation is committed by a minor 16 years of age
or older, such violation shall be enforced directly against the minor,
subject to any protection available to the minor under any other provisions
of law.
This chapter shall be liberally construed to
effectuate the stated purpose and intent of the Board of Trustees
of the Village of Westfield in enacting such provisions.
Notice of the enactment of this chapter and
of the curfew regulations established by it shall be posted in or
about several public places in the Village of Westfield as may be
determined by the Police Chief of the Village of Westfield, in order
to ensure that the public is fully informed of the existence of this
chapter and its regulations.
A curfew local law is a statutorily permissible
exercise of the police power of the municipality. See Bykofsky vs.
Borough of Middleton, 401 F.Supp. 1242; and Neprstak vs. City of Norwich
545 F.2d 815.