[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.
MINOR
PARENT
PUBLIC AREAS
STREET, ROAD AND HIGHWAY
TIME OF NIGHT
VILLAGE
As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings provided herein:
Any person under the age of 18 years or, in equivalent phrasing,
any person 17 years of age or less.
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.
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.
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.
The prevailing standard of time that is generally observed
by the public as constituting night.
The Village of Westfield, County of Chautauqua, State of
New York.
[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.
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.
