Village of Highland Falls, NY Chapter 80 Curfew

[HISTORY: Adopted by the Board of Trustees of the Village of Highland Falls 8-10-1971 by L.L. No. 5-1971 as Ch. 46 of the 1971 Code. Amendments noted where applicable.]

§ 80-1 Curfew stated.

It shall be unlawful for any person who has not yet passed his or her 16th birthday to remain or loiter about, in or upon any street, alley, byway or public place within the confines of the Village of Highland Falls between the hours of 10:30 p.m. and 5:00 a.m., prevailing time, Sunday through Thursday, and between the hours of 11:30 p.m. and 5:00 a.m., prevailing time, Friday and Saturday, unless accompanied by a parent, guardian or person in loco parentis (other person having legal control of such person) or unless the employment or authorized school activity or the performance of duty directed by a parent, guardian or person having legal control of such person makes it necessary for such person to be abroad on the streets, alleys, byways or public places within the confines of the Village during the aforesaid hours; provided, however, that the exception shall not apply when the person under age shall be playing or unnecessarily loitering about any street, alley, byway or public place within the confines of the Village of Highland Falls.

§ 80-2 Parent or guardian responsible.

It shall be unlawful for any parent, guardian or person legally responsible for a person under 16 years of age to permit such person to go or be upon any street, alley, byway or public place within the Village in violation of § 80-1 of this chapter.

§ 80-3 Duty of police officers.

Every member of the police force, while on duty, is hereby authorized to detain any such person under 16 years of age willfully violating the provisions of § 80-1 of this chapter until the parent or guardian of such person shall take him or her into custody; provided, however, that the police officer shall immediately communicate with the parent or guardian upon taking custody of the child.

§ 80-4 Penalties for offenses; care for delinquent or mendicant children.

A. Any parent, guardian or person having legal control of a person under 16 years of age and who violates any of the provisions of this chapter shall be punished, upon conviction, by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both. Each day that a violation of or failure to comply with any provision of this enactment or any regulation promulgated hereunder by the Board of Trustees occurs shall constitute a separate and distinct violation.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. If it shall appear that any child taken into custody for a violation of § 80-1 of this chapter is growing up in mendicancy or in vagrancy or is incorrigible for lack of proper parental care or has no home, proper proceedings shall be instituted through the Orange County Family Court to ensure the well-being of the child.