[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 12-7-1998 by L.L. No. 4-1998. Amendments noted where applicable.]
Subject to the exceptions set forth in § 130-3 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.
As used in this chapter, the following terms shall have meanings as 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.
- DIRECT ROUTE
- The shortest path of travel through a public place to reach a final destination, without any detour or stop.
- EMERGENCY ERRAND
- 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. The term includes, but is not limited to, a fire, natural disaster or automobile accident, or any situation requiring immediate action 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 over the age of 18 or other adult person having the lawful care and custody of the minor.
- PUBLIC PLACE
- A 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.
- UNDER 18
- Any person younger than 18 years of age.
Exceptions shall be as follows:
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.
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.
When the minor is accompanied by his or her parent or guardian.
When the minor is accompanied by an adult authorized by the parent or guardian of the minor.
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 Monticello is excepted.
When the minor is upon an emergency errand.
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 such as for exercise of religion, freedom of speech, and the right of assembly.
The exceptions set forth in § 130-3 above shall not apply to any minor under the age of 18 years who is playing or loitering in or upon any street or public place in said Village.
It shall be unlawful for any parent, guardian or other person having legal custody of any minor under the age of 18 years to allow or to permit such child, ward or other person under such age, while in such legal custody or control, to go or to be in or upon any streets or public places in the Village of Monticello during the curfew hours unless a reasonable necessity exists therefor and any requirement specified in § 130-3 is complied with.
The police of the Village of Monticello or any other police officers are hereby authorized to apprehend, without warrant, any minor under the age of 18 years actually or apparently in violation of the provisions of this chapter and detain such child for a reasonable period of time in which an attempt shall be made to notify the parent, guardian or lawful custodian of such child of such violation.
Any police officer apprehending or detaining a person, actually or apparently under the age of 18 years, who shall have been found on any street or other public place within the Village apparently in violation of this chapter shall take said person actually or apparently under the age of 18 years to said person's home; require the parent, guardian or custodian of said person to report to the youth officer where said persons shall be detained; or require the parent, guardian or custodian of such person to report to the location of said alleged violation as determined by said police officer.
Any parent, guardian or other custodian of a minor under the age of 18 years who shall permit such child to be in or upon the street or public places of the Village in violation of the provisions of this chapter shall be issued a warning upon the first violation, and upon the conviction for the second or subsequent violation of this chapter be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days. Any minor found to be in violation of this chapter may be required to perform a term of community service as determined by the Justice Court.