[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
From time to time throughout the year, especially
the days on or about October 31 (Halloween), it is necessary to enforce
curfews in order to protect the residents of the Village of Woodbury,
their property and for the safety and general welfare of the public.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
Any person over the age of 21 who is in loco parentis to
a minor.
Any person, other than a parent, who has legal guardianship
of a minor.
Any person under the age of 18.
The natural or adoptive parent of a minor.
Any street, alley, highway, sidewalk, park, playground or
place to which the general public has access and a right to resort
for business, entertainment or other lawful purpose. A “public
place” shall include, but not be limited to, any
store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore,
pool room, shopping center and any other place devoted to amusement
or open to the general public. It shall also include the front or
immediate area of the above.
The Village of Woodbury.
During the period of October 30 and October
31, or any other period the Village Board deems necessary by resolution,
it shall be unlawful for any minor to remain idle, wander, stroll
or play in any public place, either on foot or to cruise about without
a set destination in any vehicle, in, about or upon any place in the
Village between the hours of 8:00 p.m. and 6:00 a.m. of the following
morning unless accompanied by a parent, guardian, custodian or other
adult person having custody or control of such minor or unless the
minor is on an emergency errand or specific business or activity directed
or permitted by his parent, guardian or other adult person having
the custody and care of the minor or where the presence of such minor
is connected with or required by some legitimate employment, trade,
profession or occupation.
Any minor attending a special function or entertainment
of any church, school, club or other similar organization that requires
such minor to be out at a later hour than that called for within this
chapter shall be exempt from the provisions of this chapter, provided
that the church, school, club or other similar organization shall
register in advance with the Town of Woodbury Police Department to
have the minors involved stay out to this later hour. The registrant
shall state the time, when the function or entertainment shall end,
and the minors who attend the function shall be required to be in
their homes or usual places of abode within 1/2 hour after the function
is ended.
It shall be unlawful for any person, firm or
corporation operating or having charge of any public place to knowingly
permit or suffer the presence of minors under the age of 18 on Halloween
between the hours of 8:00 p.m. and 6:00 a.m. the following morning.
It shall be unlawful for the parent, guardian
or other adult person having custody or control of any minor under
the age of 18 to permit or, by inefficient control, to allow such
minor to be on the streets or sidewalks or on or in any public property
or public place within the Village on Halloween between the hours
of 8:00 p.m. and 6:00 a.m. the following morning. However, the provisions
of this section do not apply to a minor accompanied by his parent,
guardian, custodian or other adult person having the care, custody
or control of the minor or if the minor is on an emergency errand
or specified business or activity directed by his parent, guardian,
custodian or other adult having the care and custody of the minor
or if the parent, guardian, custodian or other adult person herein
has made a missing person notification to the Town of Woodbury Police
Department.
A.
Any police officer, upon finding a minor in violation
of this chapter, shall ascertain the name and address of the minor
and warn the minor that he is in violation of curfew and shall direct
the minor to proceed at once to his or her home or usual place of
abode. The police officer shall report such action to the parents,
guardian or person having custody or control of the minor.
B.
If such minor refuses to heed the warning or direction
given by any police officer or refuses to give the police officer
his correct name and address or if the minor has been warned on a
previous occasion that he or she was in violation of curfew, such
minor shall be issued an appearance ticket and the parent, guardian
or other adult having the care and custody of such minor shall be
notified to appear with such minor at a date and time to be determined
in the appearance ticket for an appearance before the Town of Woodbury
Justice Court.
Any minor who violates any section of this chapter
shall, upon conviction, be subject to an assignment by the Court of
community service, the hours of which shall be determined by the Court.
It shall also be necessary for the parent to appear with the minor
before the Town of Woodbury Justice Court at the time the appearance
ticket is returnable, and the parent shall be required, where community
service has been directed, to transport the minor to a place on the
date and time determined by the Court for such community service to
be fulfilled.
