[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.