[HISTORY: Adopted by the Board of Trustees
of the Village of Liberty 1-17-1996 as L.L. No. 1-1996.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 22, Curfew, Article I, Halloween Juvenile Curfew, adopted 12-7-1992
as L.L. No. 12-1992.
Subject to the exceptions set forth in § 22-4 of this chapter, it shall be unlawful for any minor under 18 years of age to congregate, loiter, wander or play in or upon any public place between the hours of 10:00 p.m. and 5:00 a.m. of the following day, official Village time, except on weekends, when such restricted hours shall be from 11:00 p.m. on Friday and Saturday to 5:00 a.m. of the following day.
Subject to the exceptions set forth in § 22-4 of this chapter, it shall be unlawful for the parent or guardian of any minor under 18 years of age to knowingly or negligently by insufficient control allow such minor to congregate, loiter, wander or play in or upon any public place between the hours of 10:00 p.m. and 5:00 a.m. of the following day, official Village time, except on weekends, when such restricted hours shall be from 11:00 p.m. on Friday and Saturday to 5:00 a.m. of the following day.
As used in this chapter, the following terms
shall have the meanings indicated:
To go along with or be associated with under individualized
supervision.
Any person 18 years of age or older.
Adult persons underwrite or promote an activity and the adult
persons take responsibility for the minor.
Adult persons are present at the activity and the adult persons
take full responsibility for the minor.
The shortest path of travel through a public place to reach
a final destination without any detour or stop.
An unforeseen combination of circumstances or the resulting
state that requires immediate action by the minor to prevent serious
bodily injury or loss of life.
A person who, under court order, is the guardian of the person
of a minor; or a public or private agency with whom a minor has been
placed by a court.
A natural parent, adoptive parent, stepparent or another
person or other adult person having the lawful care and custody of
the minor.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, highways, streets,
alleys, parks, playgrounds, shops, shopping plazas, transportation
facilities, vacant lots, hospitals and public buildings.
Any person younger than 18 years of age.
Exceptions shall be as follows:
A.Â
When the minor is traveling in a direct
route to his or her residency from employment and carries a signed
statement from the employer briefly identifying the minor, the address
of the minor's residency, the address of the minor's place of employment,
the name and the title of the minor's employer who signed the statement
and the minor's hours of employment.
B.Â
When the minor is traveling in a direct
route to his or her residency from an adult-supervised or adult-sponsored
religious, school, civic, not-for-profit, recreational or entertainment
activity or adult-supervised or sponsored organized dance.
C.Â
When the minor is accompanied by his or
her parent or guardian.
D.Â
When the minor is accompanied by an adult
authorized by the parent or guardian of the minor.
E.Â
When the minor is in a motor vehicle with
parental or guardian consent for normal travel; and interstate travel
beginning or ending in the Village of Liberty is excepted.
F.Â
When the minor is upon an emergency errand.
G.Â
When the minor is attending or traveling
in a direct route to or from an activity involving the exercise of
First Amendment rights protected by the United States Constitution.
Following strictly the applicable provisions
of the Family Court Act, police officers are hereby authorized to
detain any minor for the purpose of determining their status, whether
the health, safety or welfare of such minor has been endangered as
a result of a violation of the provisions of this chapter. The parent,
guardian or adult having the care and custody of such minor shall
be promptly notified as to the location that such minor can be picked
up.
A.Â
A parent or guardian who violates this chapter
shall, upon the first violation, be issued a warning citation; upon
the second violation, be subject to a fine of not more than $250 or
imprisonment not to exceed 15 days.
B.Â
Any minor found in violation of this chapter
may be required a term of community service as determined by the Youth
Officer.
