[HISTORY: Adopted by the Board of Trustees of the Village of Montour
Falls 8-6-2001 by L.L. No. 3-2001. Amendments
noted where applicable.]
A.
It is hereby declared to be the policy of the Village
of Montour Falls to protect minors who are a particularly vulnerable segment
of our society and to minimize nocturnal crimes, juvenile delinquency and
vandalism and to prevent the destruction and damage of both public and private
property within the Village of Montour Falls by the establishment of a reasonable
nocturnal curfew for persons 16 years of age or under. The Board of Trustees
of the Village of Montour Falls seeks to promote the safety and general welfare
of the residents of the Village of Montour Falls by prescribing, in accordance
with prevailing community standards, regulations concerning the presence of
minors in or upon the public streets, alleys, highways, sidewalks, parks,
playgrounds or any other outdoor public places or public grounds within the
Village of Montour Falls, during the hours of 11:00 p.m. until 5:00 a.m. the
following day, all for the good of minors, for the furtherance of family responsibility
and for the public good, safety and welfare.
B.
The Board of Trustees finds that a curfew for minors
meets an important local need and will be a significant factor in minimizing
juvenile delinquency. This chapter also takes into consideration the danger
hours for nocturnal crime and for accumulations of minors at risk. Minors
who are left unsupervised during late nighttime hours may be exposed to detrimental
influences in society and subject to potential involvement in criminal activity.
They may also be exposed to potential threats to their physical and mental
health and welfare, including themselves becoming the target of adult crimes,
including assaults, sexual assaults, drug sales, kidnapping and even homicide.
Minors are one of the most fragile and easily influenced segments of our society.
C.
The Board of Trustees of the Village of Montour Falls
also finds and declares that it is in the best interest of society to encourage
family unity, to encourage families to provide for the care, protection and
wholesome mental and physical development of minors, and to encourage the
supervision of minors by their parents and guardians and to encourage communication
between them. For these reasons, and also so that children may get adequate
rest and sleep during late-night hours, it is deemed reasonable and in the
best interest of families to establish a nocturnal curfew for persons 16 years
of age or under.
D.
For the reasons stated above, the Board of Trustees of
the Village of Montour Falls does hereby enact this chapter.
It shall be unlawful for any person 16 years of age or under to loiter,
wander, idle, stroll or play in or upon the public streets, alleys, highways,
sidewalks, parks, playgrounds or any other outdoor public places or public
grounds, within the Village of Montour Falls, between the hours of 11:00 p.m.
and 5:00 a.m. the following day, except under the following circumstances:
A.
Such child is in the immediate presence of and accompanied
by a person over the age of 18 years, being the parent of such child or having
custody or guardianship of such child.
B.
Such child is accompanied by a person over the age of
18 years to whom the child's parent or guardian has expressly delegated
responsibility for the child.
C.
Such child is on a legitimate errand directed by his
or her parent or guardian, provided the child has not deviated from a direct
route required to perform such errand and provided such errand is being accomplished
with reasonable dispatch and without loitering.
D.
Such child is moving from one private location to another
by a direct route with his or her parent's or guardian's explicit
consent or by explicit direction of such parent or guardian, provided such
movement is being accomplished with reasonable dispatch and without loitering.
E.
Such child is on the sidewalk or the area immediately
in front of the place where such child resides or is on the sidewalk or the
area immediately in front of either next-door neighbor.
F.
Such child is en route to or from a public activity or
event or public place, such as a school, school dance, library, church, sports
activity, theater, movie theater, restaurant, bowling alley, etc., provided
the child has not deviated from a direct route to or from such activity, event
or place, and provided the arrival at or return from such place is being accomplished
with reasonable dispatch and without loitering.
G.
Such child is engaged in a legitimate business or employment
or is en route from his or her place of business or employment, provided the
child has not deviated from a direct route to or from such place of business
or employment, and provided travel to or from such place is being accomplished
with reasonable dispatch and without loitering.
H.
In an emergency, but only for the period of time reasonably
necessary to alleviate such emergency.
It shall be unlawful for any person being a parent of, or having custody or guardianship of, a child found to be in violation of § 71-2 of this chapter, to knowingly permit or have allowed such child to violate the same.
A.
The violation of this chapter by a person 16 years of
age or under shall be equivalent to a New York State Penal Law violation and
prosecutable and punishable in the same manner as for a New York State Penal
Law violation, except that under no circumstances shall incarceration or sentence
of jail be authorized.
