[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.