Village of Phoenix, NY Curfew

A significant number of minors are victims of crime and are suspects in crimes committed during the nighttime hours, hours during which minors should generally be off the streets and getting the sleep necessary for their overall health and quality of life. Many of these victimizations and criminal acts have occurred on the streets at night and have involved violent crimes, including the murders of teens and preteens.

While parents have the primary responsibility to provide for the safety and welfare of minors, the Village of Phoenix also has a substantial interest in the safety and welfare of minors. Moreover, the Village of Phoenix has an interest in preventing crime by minors, promoting parental supervision through the establishment of reasonable standards, and in providing for the well-being of the general public.

A curfew will help reduce youth victimization and crime and will advance the public safety, health and general welfare of the citizens of the Village of Phoenix.

§ 90-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EMERGENCY

A circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life.

GUARDIAN

Any person other than a parent who has legal guardianship of a minor.

MINOR

Any person under the age of 17. The term does not include persons under 17 who are married or have been legally emancipated.

PARENT

Birth parents, adoptive parents, and step-parents.

PUBLIC PLACE

Any area owned, leased, operated or controlled by or on behalf of any government, public authority or public corporation in the Village of Phoenix to which the public or a substantial group of the public has general access, including but not limited to streets, including the sidewalk portion thereof, highways, bridges, skyways, parks, playgrounds, recreation areas, cemeteries, schools or school grounds, driveways, parking lots and parking garages.

RESPONSIBLE ADULT

Any person 18 years of age or older specifically authorized by law or by a parent or guardian to have custody and control of a minor.

§ 90-4 Prohibited acts.

It is unlawful for a minor to be in or upon any public place within the Village of Phoenix at any time between 11:00 p.m. of one day and 5:00 a.m. of the immediately following day, except on Friday and Saturday the hours shall be between 12:00 midnight and 5:00 a.m. of the immediately following day.

§ 90-5 Exceptions.

The prohibition contained in § 90-4 shall not apply if the minor can prove that:

The minor was accompanied by his or her parent, guardian, or other responsible adult;

The minor was engaged in a lawful employment activity or was going to or returning home from his or her place of employment;

The minor was involved in an emergency situation;

The minor was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization;

The minor was in the public place for the specific purpose of exercising fundamental rights such as freedom of speech or religion or the right of assembly protected by the First Amendment of the United States Constitution or Article I of the Constitution of the State of New York, as opposed to generalized social association with others; or

The minor was engaged in interstate travel.

§ 90-6 Penalties for offenses.

A violation of § 90-4 shall constitute a violation as that term is defined in the New York State Penal Law.

§ 90-7 Procedures.

A police officer may approach a person who appears to be a minor in a public place during prohibited hours to request information, including the person's name and age and reason for being in the public place.

A police officer may detain a minor or take a minor into custody based on a violation of § 90-4 if the police officer, after speaking with the minor and considering the facts and surrounding circumstances:

(1)

Reasonably believes that the minor has violated § 90-4; and

(2)

Reasonably believes that none of the exceptions in § 90-5 apply.

A police officer who takes a minor into custody based on a violation of § 90-4 shall take the minor to a location designated by the Chief of Police. The parent, guardian or other responsible adult shall be notified to come and take charge of the minor, unless the minor requires further intervention in accordance with law.