[HISTORY: Adopted by the Town Board of the Town of Rockland 10-16-1997 by L.L. No. 2-1997 (Ch. 80 of the 1984 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CURFEW HOURS
From 10:00 p.m. each day until 6:00 a.m. the following day.
EMERGENCY
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to a fire, a natural disaster or an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT
Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN
A. 
A person who, under court order, is the guardian of the person of a minor; or
B. 
A public or private agency with whom a minor has been placed by a court.
MINOR
Any person under 18 years of age.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT
A person who is:
A. 
A natural parent, adoptive parent or stepparent of another person; or
B. 
At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN
A. 
To linger or stay; or
B. 
To fail to leave premises when requested to do so by a police officer, Town of Rockland Constable or the owner, operator or other person in control of the premises.
A. 
A minor commits an act that would be a Class B misdemeanor if committed by an adult if he remains in any public place or on the premises of any establishment within the Town during curfew hours.
B. 
A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Town during curfew hours.
C. 
The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
A. 
It is a defense to prosecution under § 71-2 that the minor was:
(1) 
Accompanied by the minor's parent or guardian;
(2) 
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) 
In a motor vehicle involved in interstate travel;
(4) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) 
Involved in an emergency;
(6) 
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department or Town of Rockland Constable about the minor's presence;
(7) 
Attending an official school, religious or other recreational activity supervised by adults and sponsored by the Town of Rockland, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the Town of Rockland, a civic organization or another similar entity that takes responsibility for the minor;
(8) 
Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech and the right of assembly; or
(9) 
Married or had been married or had disabilities of minority removed in accordance with the laws of the State of New York.
B. 
It is a defense to prosecution under § 71-2C that the owner, operator or employee of an establishment promptly notified the Police Department or Town of Rockland Constable that a minor was present on the premises of the establishment during curfew hours and refused to leave.
Before taking any enforcement action under this section, a police officer or Town of Rockland Constable shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 71-3 is present.
A. 
A person or operator who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $100, maximum 15 days in jail, or both.
B. 
When required by New York State Law, the Town court shall waive original jurisdiction over a minor who violates § 71-2A of this section and shall refer the minor to family court.
C. 
Any parent, guardian or other adult person having the control and custody of the minor, who violates the provisions of this chapter shall be fined not less than $25 nor more than $100 or confined in jail not more than 15 days, or punished by both said fine and imprisonment, for each offense.
Within 12 months after the initial enforcement of this chapter, the Town Supervisor shall review this chapter and report and make recommendations to the Town Board concerning the effectiveness of and the continuing need for the chapter. The Town Supervisor's report shall specifically include the following information:
A. 
The practicality of enforcing the chapter and any problems with enforcement identified by the Sheriff, Town of Rockland Constable or other police departments;
B. 
The impact of the chapter on crime statistics;
C. 
The number of persons successfully prosecuted for a violation of the chapter; and
D. 
The Town's net cost of enforcing the chapter.