[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-11-1999 by L.L. No. 1-1999 (Ch. 62 of the 1978 Code)]
The Village Board, pursuant to the authority granted it under Article 4 of the Village Law and § 10 of the Municipal Home Rule Law of the State of New York, hereby enacts as follows.
The Village Board has determined that large numbers of minors and others have been congregating in the Village after dark at Halloween time causing general disturbances to residents. In order to reduce juvenile crime, protect minors from improper influences and criminal activity that prevail after the curfew hour, reinforce parental authority and to reduce damage to property, it is necessary that a curfew be established to keep minors out of public areas after dark at Halloween time.
It shall be unlawful for any minor under the age of eighteen to remain in or upon any public street, highway, park, vacant lot or other public place between the hours of 8:00 p.m. and 6:00 a.m. on October 30, October 31 and November 1.
The following shall constitute valid exceptions to the operation of the curfew:
A. 
At any time if the child is accompanied by the child's parent, legal guardian or other responsible person who is over the age of 21 and approved by the child's parent or legal guardian.
B. 
Until the hour of 12:30 a.m. if the child is on an errand as directed by the child's parent or legal guardian.
C. 
If the child is legally employed, for the period from 1/2 hour before to 1/2 hour after work while going directly between the child's home and place of employment. This exception shall also apply if the child is in a public place during curfew hours in the course of the child's employment. To come under this exception, the child must be carrying a written statement from the employer attesting to the place and hours of employment.
D. 
Until the hour of 12:30 a.m. if the child is on the property of or the sidewalk directly adjacent to the building in which the child resides or the buildings immediately adjacent thereto if the owner of the adjacent building has not objected to the minor and the police.
E. 
If the child is coming directly home from a school activity or an activity of a religious or other voluntary association or a place of public entertainment, such as a movie, play or sporting event. This exception will apply for 1/2 hour after the completion of such event, but in no case beyond 12:30 a.m. If the event is not commercial in nature or does not have a fixed, publicly known time at which it will end, the sponsoring organization must register the event with the New York State Police or the Columbia Sheriff's Department at least 24 hours in advance, informing it of the time such event is scheduled to begin, the place at which it shall be held, the time at which it shall end and the name of the sponsoring organization.
F. 
If the minor is exercising First Amendment rights protected by the Constitution, such as the free exercise of religion, speech or assembly, provided that the minor first has given notice to the Mayor by delivering a written communication signed by the minor and countersigned by a parent or guardian of the minor which specifies when, where, in what manner and for what First Amendment purpose the minor will be on the streets at night during the curfew period.
A. 
A police officer who has probable cause to believe that a minor under the age of 16 is in violation of this law shall take such child to the police station where the child's parents or guardian shall be immediately contacted. If after this contact there is still probable cause to believe that the child was violating this article, the child shall be held until the parent or guardian comes to take the child home. When the parent or guardian arrives, they must be given a copy of this article. If no parent or guardian has arrived within two hours, the child shall be turned over to the custody of the juvenile authorities until a parent or guardian can take custody of the child.
B. 
In the case of a first violation by a minor under the age of 16, the police shall send the minor's parents or legal guardians written notice of the violation, warning them that further violations will result in imposition of the penalty provided for in the law. In case of a second violation, the minor shall be dealt with in accordance with the NYS Family Court Act.
C. 
Any minor the age of 16 or over may be fined not more than $250 and/or sentenced to not more than 15 days in jail for each offense.