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
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.
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.
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.