Village of Montour Falls, NY Chapter 71 Curfew

[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.]

§ 71-1 Legislative purpose.

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.

§ 71-2 Curlew established.

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.

§ 71-3 Parental responsibility.

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.

§ 71-4 Penalties for offenses.

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.

B. The violation of § 71-3 of this chapter shall be equivalent to a New York State Penal Law violation and punishable in the same manner as provided for a New York State Penal Law violation.