This Chapter
90 shall be known as the "Curfew Law."
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.
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.
The prohibition contained in §
90-4 shall not apply if the minor can prove that:
A. The minor was accompanied by his or her parent, guardian,
or other responsible adult;
B. The minor was engaged in a lawful employment activity
or was going to or returning home from his or her place of employment;
C. The minor was involved in an emergency situation;
D. 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;
E. 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
F. The minor was engaged in interstate travel.
A violation of §
90-4 shall constitute a violation as that term is defined in the New York State Penal Law.