[HISTORY: Adopted by the City Council of the City of Canandaigua 7-2-1998
by Ord. No. 98-13 (Ch. 8.50 of the 1997 Municipal Code).
Amendments noted where applicable.]
The City Council has determined that within the recent past minors have
been congregating and causing general disturbances of the peace, and committing
acts which would be, if committed by adults, violations of the Penal Law of
the State of New York, or of the Municipal Code of the City of Canandaigua,
and that this problem has been increasing, and threatens to increase to such
a magnitude that, if unchecked, would constitute a threat to the public safety
and welfare of the City of Canandaigua. Accordingly, the City Council finds
that in order to reduce juvenile crime, protect the children of the City of
Canandaigua, and to reinforce parental and guardian authority, as well as
to ensure parental and guardian responsibility, it is necessary to establish
responsibility on the part of parents and guardians for such acts by minors.
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein. Where not inconsistent
with the context, words used in the present tense shall include the future;
words in the plural number shall include the singular number; words in the
singular number shall include the plural number; and words in the masculine
shall include the feminine, and vice versa.
The City of Canandaigua.
Actual or constructive knowledge, and actual or constructive consent,
and shall include knowledge which a reasonable parent or reasonable guardian
should be expected to have concerning the whereabouts and activities of a
minor in his or her custody. The failure of a parent or guardian to exercise
reasonable diligence in the care and control of a minor in his or her custody
shall be deemed constructive knowledge of and consent to the commission of
a predicate act (as such term is hereinafter defined) by such minor.
Any person under the age of 16.
Any act committed by a minor in a public place within the City of
Canandaigua which, if committed by an adult, would constitute trespass (as
defined by Penal Law § 140.05), harassment (as defined by Penal
Law § 240.26), disorderly conduct (as defined by Penal Law § 240.20)
or a violation of the City of Canandaigua Municipal Code.
Any public street, avenue, highway, road, sidewalk, parking lot,
pier, park, playground, bathing beach or any other public place as defined
in § 240.00 of the Penal Law of the State of New York.
No parent or guardian having custody of a minor shall knowingly consent
that such minor, while in or on any public place within the City of Canandaigua,
commit any act which, if committed by an adult, would constitute trespass
(as defined by Penal Law § 140.05), harassment (as defined by Penal
Law § 240.26), disorderly conduct (as defined by Penal Law § 240.20)
or a violation of the City of Canandaigua Municipal Code. The failure of a
parent or guardian to exercise reasonable diligence in the care and control
of a minor in his or her custody shall be deemed constructive knowledge of
and consent to the commission of the aforesaid acts by said minor.
A.Â
Any police officer who has probable cause to believe
that a minor has committed an act within a public place which, if committed
by an adult, would constitute trespass (as defined by Penal Law § 140.05),
harassment (as defined by Penal Law § 240.26), disorderly conduct
(as defined by Penal Law § 240.20), or a violation of the City of
Canandaigua Municipal Code ("predicate act"), may take such minor to the residence
of a parent or guardian having custody of such minor, or as may be necessary,
to police headquarters, where the minor's parent(s) or guardian(s) shall be
immediately contacted. Said minor may be held until a parent or guardian arrives
to take such minor into his or her custody. As soon as practicable, said parent
or guardian shall be given a copy of this chapter, and a written notice indicating
that a violation of this chapter may have occurred ("written warning letter")
may be personally served upon the parent or guardian having custody of the
minor who is believed to have committed such predicate act.
B.Â
Upon probable cause to believe that a predicate act has
been committed by a minor within 12 months of the previous commission of a
predicate act by said minor, where a written warning letter was personally
served in connection therewith, a summons may issue to the parent or guardian
having custody of such minor requiring such parent or guardian to appear in
the City Court of the City of Canandaigua.
C.Â
In any prosecution pursuant to this chapter, the People
shall be required to prove, beyond a reasonable doubt, the following elements:
(1)Â
The commission of a predicate act by a minor within a public
place in the City of Canandaigua;
(2)Â
The knowledge of, and consent to, the commission of said predicate
act on the part of the parent or guardian having custody of said minor; and
(3)Â
The prior commission of a predicate act within the previous twelve-month
period.
D.Â
A rebuttable presumption of constructive knowledge and
consent on the part of said parent or guardian shall be established by proof
that said parent or guardian has been personally served with a written warning
letter as set forth herein within the previous twelve-month period, and by
proof of the commission of a prior predicate act within the previous twelve-month
period which also required that said minor be transported by the City of Canandaigua
police to the residence of said parent or guardian, or to the Canandaigua
City police headquarters.
Upon conviction of violation of this chapter, a person shall be subject
to a fine of not less than $25 and not more than $75. Upon conviction for
a second violation within a twelve-month period, a person shall be subject
to a fine of not less than $50, and not more than $100. Upon a third violation
within a twelve-month period, a person shall be subject to a fine of not less
than $75, and not more than $150.
