[HISTORY: Adopted by the Board of Trustees
of the Village of Hammondsport 10-2-1984 as L.L. No. 1-1984.
Amendments noted where applicable.]
It is hereby declared to be the policy of the
Village of Hammondsport 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 Village of Hammondsport
seeks to promote the safety and general welfare of the residents of
the Village of Hammondsport 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 village 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, likelihood of juvenile
delinquency decreases, and there is a need for nocturnal curfew for
minors to achieve under local conditions the purposes herein stated.
A.
MINOR
PARENT
PUBLIC PARKS and PUBLIC AREAS
REMAIN or LOITER
STREET, ROAD and HIGHWAY
TIME OF NIGHT
VILLAGE or VILLAGE OF HAMMONDSPORT
YEARS OF AGE
As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any person under the age of 17 or, in equivalent phrasing
often herein employed, any person 16 or fewer years of age.
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 order
of court.
Includes but is not limited to recreational and other places,
whether privately or publicly owned and open to the general public,
and those places visited by many persons and accessible to the public.
To stay behind, to tarry or to stay unnecessarily upon the streets, roads, highways, public parks or other public area, including the congregating in groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets, roads, highways, public parks or other public areas for ordinary or serious purposes, such as mere passage or proceeding home. To implement this definition with additional precision and precaution, numerous exceptions are expressly set forth in § 49-4 hereof so that this is not a mere prohibitory-type curfew local law.
A way or place, of whatever nature, open to the use of the
public as a matter of right for purposes of vehicular travel or, in
the case of a sidewalk thereof, for pedestrian travel. The terms "street,"
"road" and "highway" include the legal right-of-way, including but
not limited to traffic lanes, curbs, sidewalks, whether paved or unpaved,
and any grass plots or other ground found within the legal right-of-way
of a "street," "road" or "highway." The terms "street," "road" and
"highway" apply, irrespective of what they are called or formally
named, whether an alley, avenue, court, drive, boulevard or otherwise.
Based upon the prevailing standard of time, whether Eastern
standard time or Eastern daylight saving time, generally observed
at that hour by the public in the village.
The Village of Hammondsport, Steuben County, New York.
Continues from one birthday, such as the 16th, to, but not
including, the day of the next, such as the 17th birthday, making
it clear that 16 or fewer years of age is herein treated as equivalent
to the phrase "under 17 years of age."
B.
"Shall" is always mandatory and not merely directory.
It shall be unlawful and a violation of this
chapter for any person 16 or fewer years of age [under 17] to be or
loiter or remain in or upon the streets, roads, highways, public parks
or other public areas within the Village of Hammondsport at night
during the period ending at 6:00 a.m. and beginning at 10:00 p.m.
In the following exception cases, a minor on or upon a village street, road, highway, public park or other public area during the nocturnal hours for which § 49-3 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this chapter:
A.
When accompanied by a parent of such minor.
B.
When accompanied by an adult authorized by a parent
of such minor to take said parent's place in accompanying said
minor for a designated period of time and purpose within a specified
area.
C.
When exercising 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 first delivering, to Police Department
personnel, at the police station, a written statement, signed by such
minor and countersigned by a parent of such minor, with their home
address and telephone number, addressed to the Chief of Police of
the Vilage, specifying when, where and in what manner said minor will
be on or upon the streets, roads, highways, public parks or public
areas 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.
D.
In case of reasonable necessity, but only after such
minor's parent has communicated to the Village Police Department
personnel the facts establishing such reasonable necessity relating
to specified streets, roads, highways, public parks or other public
areas at a designated time for a described purpose, including points
of origin and destination. A copy of such communication, or of the
police record thereof, duly certified by the Chief of Police to be
correct, with an appropriate notation of the time it was received
and of the names and addresses of such parent and minor, shall be
admissible evidence.
E.
When the minor is on the sidewalk or the area immediately
in front of the place where such minor resides or is on the sidewalk
or the area immediately in front of either next door neighbor not
communicating an objection to the Police Department or an officer
thereof.
F.
When returning home by a direct route from, and within
30 minutes of the termination of, a school activity or an activity
of a religious or other voluntary association of which prior notice
indicating the place and probable time of termination has been given
in writing to, and duly filed for immediate reference by, the Chief
of Police or the officer assigned by him on duty at the police station,
thus encouraging (here as in other exceptional situations) conduct
on the part of minors involved in such activities.
G.
When authorized by special permit from the Village
Mayor, carried on the person of the minor thus authorized, as follows:
When necessary nighttime activities of a minor may be inadequately
provided for by other provisions of this chapter, then recourse may
be had to the Mayor of the village for a special permit as the circumstances
warrant. Upon the Mayor's finding of necessity for the use of
the streets, roads, highways, public parks or other public areas to
the extent warranted by a written application signed by a minor and
by a parent of such minor, if feasible, stating the name, address
and telephone number of a parent thereof, the height, weight, sex,
color of eyes and hair and other physical characteristics of such
minor; the necessity which requires such minor to remain upon the
streets, roads, highways, public parks or other public areas during
the curfew hours otherwise applicable; and the route to be taken and
the beginning and ending of the period of time involved by date and
hour, the Mayor may grant a permit, in writing, for the use by such
minor on such streets, roads, highways, public parks or other public
areas at such hours as in the Mayor's judgment may be necessary.
In an emergency, this may be handled by telephone or other effective
communication, with a corresponding record being made contemporaneously,
either to the Mayor or, if unavailable, to the police officer authorized
by the Mayor to act on his behalf in an emergency, at the police station.
H.
When authorized, by resolution passed by the Village
Board of Hammondsport, in other similar cases of reasonable necessity,
similarly handled but adapted to necessary nighttime activities of
more minors than can readily be dealt with on an individual special
permit basis by the Mayor. Normally, such resolution by the Village
Board permitting use of the streets, roads, highways, public parks
or other public areas should be passed sufficiently in advance to
permit appropriate publicity through news media and through other
agencies, such as schools, and shall define the activity, the scope
of the use of the streets, roads, highways, public parks or other
public areas permitted, the period of time involved, not to extend
more than 30 minutes beyond the time for termination of such activity,
and the reason for finding that such resolution is reasonably necessary.
I.
When the minor carries a certified card of employment,
renewable each calendar month when the facts so warrant, dated or
reissued not more than 45 days previously, signed by the Chief of
Police and briefly identifying the minor, the addresses of his home
and of his place of employment and his hours of employment.
J.
When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. This clearly exempts bona
fide interstate movement through Hammondsport. This also exempts interstate
travel beginning or ending in Hammondsport.
It shall be unlawful and a violation of this
chapter for a parent, as defined herein, having legal custody of a
minor knowingly to permit or, by inefficient control, to allow such
minor to be or remain or loiter upon any street, road, highway, public
park or other public area of the village under circumstances not constituting
an exception to, or otherwise beyond the scope of, this chapter. The
term "knowingly" includes knowledge which a parent should reasonably
be expected to have concerning the location or whereabouts of a minor
in that parent's legal custody. It is intended to continue to
keep neglectful or careless parents up to a reasonable community standard
of parental responsibility through an objective test. It shall be
no defense that a parent was completely indifferent to the activities
or conduct or whereabouts of such minor.
Any law enforcement officer, upon finding or
having attention called to any minor on or upon the streets, roads,
highways, public parks or other public areas of the village in prima
facie violation of this chapter, shall ascertain the name, address
and age of said minor and escort said minor to his or her residence.
In the case of a first violation by a minor, the Chief of Police or,
in the event of his absence, the officer in charge shall send, by
certified mail, a written notice of said violation with a warning
that any subsequent violation may result in full enforcement of this
chapter, including enforcement of parental responsibility and of applicable
penalties as hereinafter set forth. A copy of said written notice
of violation shall be placed on file in the Police Department.
If, after the warning notice pursuant to § 49-6 of a first violation by a minor, a parent violates § 49-5 in connection with a second or subsequent violation by said minor, this shall be treated as a first offense by a parent. For such first parental offense, a parent shall be subject to a fine not to exceed $25. For a second parental offense, a parent shall be subject to a fine of not less than $25 nor more than $50. For a third parental offense, a parent shall be subject to a fine of not less than $50 nor more than $100. For a fourth parental offense and each parental offense thereafter, a parent shall be subject to a fine of $100. Any parent found guilty of a parental offense of this chapter, who refuses to pay the fine imposed, shall be subject to imprisonment for a period not to exceed 15 days.
This chapter shall be entitled a "Local Law
of the Village of Hammondsport, Steuben County, New York, Establishing
a Curfew During Nocturnal Hours For Minor Children Under the Age of
17 Years."
