[HISTORY: Adopted by the Board of Trustees of the Village of Westfield 9-18-1995
by L.L. No. 3-1995. Amendments noted where applicable.]
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."
A.
It is hereby declared to be the policy of the Village
of Westfield to minimize nocturnal crime, juvenile delinquency and vandalism,
and to prevent the destruction and damage of both public and private property.
The Village of Westfield seeks to promote the safety and general welfare of
its residents by prescribing, in accordance with prevailing community standards,
a local law concerning the presence of minors on streets, roads, highways,
public parks or on other public areas of the Village at night, for the good
of minors, for the furtherance of family responsibility, and for the health,
safety and welfare of the public.
B.
Parental responsibility for the location and activities
of children is the accepted norm in this community. Legal sanctions to enforce
such responsibility have had a demonstrable effect in many communities over
the years. As parental control increases, there is a likelihood that juvenile
delinquency will decrease. The Board of Trustees of the Village of Westfield
finds that a curfew for minors will meet a very local need and will reinforce
the primary authority and responsibility of parents and guardians over minors.
C.
It is not the intent of this chapter to supplant parental
supervision and control. The Board recognizes the right of parents to direct
their children's upbringing and family autonomy against unreasonable
interference. The Board also recognizes that under certain circumstances,
the harm to the physical or mental health of a child or to the safety, health
and welfare of the public may as a whole outweigh the qualified right of parental
autonomy.
D.
It is also not the intent of this chapter to deprive
minors of their ability to exercise valid rights secured under the Constitution
of the United States or under the State of New York that are enjoyed by all
citizens of the community. The function of this chapter is to protect juveniles
and to balance the right of all citizens of the Village of Westfield, so that
the public as a whole may enjoy the rights and privileges guaranteed by the
Constitutions and the laws of this country and of this state.
A.
As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings provided herein:
- MINOR
- Any person under the age of 18 years or, in equivalent phrasing, any person 17 years of age or less.
- 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.
- PUBLIC AREAS
- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, library premises, school, recreation or shopping area, public transportation facility, vehicles used for a public transportation, parking lot or any other public building structure or area.
- STREET, ROAD AND HIGHWAY
- A way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular or pedestrian travel. These terms include, but are not limited to, the legal right-of-way, traffic lanes, curbs, sidewalks and any grass plots or other ground found within the legal right-of-way of a "street," "road" or "highway." These terms apply irrespective of what they are called or formally named, whether an alley, avenue, court, drive, boulevard or otherwise.
- TIME OF NIGHT
- The prevailing standard of time that is generally observed by the public as constituting night.
- VILLAGE
- The Village of Westfield, County of Chautauqua, State of New York.
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 p.m. 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.
A.
It shall be unlawful and a violation of this chapter
for a parent to knowingly permit or, by reckless control, to allow a minor
under the age of 16 to be, remain or loiter upon any street, road, highway,
public park or other public areas of the Village of Westfield under circumstances
not constituting an exception to, or otherwise beyond the scope of, this chapter.
The term "knowingly" shall include the knowledge which a parent should reasonably
be expected to have concerning the location and activities of a minor in that
parent's legal custody, and shall be judged through an objective test.
The Board of Trustees of the Village of Westfield intends by this chapter
to provide an incentive for neglectful and careless parents to maintain a
reasonable community standard of parental control and responsibility. It shall
be no defense that a parent was completely indifferent to the location and
activities of such minor.
B.
Any law enforcement officer, upon finding any minor on
or upon the streets, roads, highways, public parks or other public areas of
the Village of Westfield in prima facie violation of this chapter, shall ascertain
the name, address and age of said minor and may then take the minor into custody.
C.
Upon charging a minor under the age of 16 with a violation
of this chapter, the Police Department shall notify the parents. Such notice
shall be given by telephone, personally by a member of the Village of Westfield
Police or in writing sent by regular or certified mail to the parents'
last known address. If at any time following the giving of notice as provided
herein that minor is again charged with a violation of the curfew provisions
of local law, then it shall be rebuttably presumed that the minor committed
such subsequent violation with the knowledge, allowance or permission of the
parents, and the parent shall thereupon be charged with a violation of this
chapter.
A.
It shall be unlawful and a violation of this chapter
for a minor 16 years of age and older to remain or loiter upon any street,
road, highway, public park or other public area of the Village of Westfield
under circumstance's not constituting an exception to, or otherwise beyond
the scope of, this chapter.
B.
Any law enforcement officer, upon finding any minor on
or upon the streets, roads, highways, public parks or other public areas of
the Village of Westfield in prima facie violation of this chapter, shall ascertain
the name, address and age of said minor and may then take the minor into custody.
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.
