[HISTORY: Adopted by the Board of Trustees
of the Village of Coxsackie as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-10-1991 by L.L. No. 1-1991]
The Board of Trustees of the Village of Coxsackie,
New York, determines that a curfew is necessary to further the public
health, safety, morals and general welfare of the inhabitants of the
Village of Coxsackie and specifically to further the following interests:
A.
The reduction of the incidence of juvenile criminal
activity and vandalism.
B.
The protection of the public from nocturnal mischief
by minors.
C.
The promotion and enforcement or parental control
and responsibility for the children.
D.
The protection of children from others on the street
during the nighttime hours.
It shall be unlawful for any minor under the
age of 18 years to be, loiter, idle, wander, play or otherwise remain
in or upon any public place including, but not limited to, public
streets, parks, playgrounds, buildings, vacant lots or any other place
open to the public in the Village of Coxsackie, New York, between
the hours of 10:00 p.m. and 6:00 a.m. of the following day, Eastern
standard time or Eastern daylight saving time, whichever is in effect,
except on weekends, when such restricted hours shall be from 11:00
p.m. on Friday to 6:00 a.m. on the following Saturday and from 11:00
p.m. on Saturday to 6:00 a.m. on the following Sunday.
A person under the age of 18 years shall not
be considered in violation of this article under the following exceptional
circumstances:
A.
When accompanied by a parent or legal guardian of
such juvenile.
B.
When accompanied by a person at least 21 years of
age, authorized by a parent or legal guardian of such juvenile, in
writing, to take said parent's place in accompanying said juvenile
for a designated period of time and purpose within a specified area.
C.
When exercising First Amendment rights protected by
the United States Constitution, such as the free exercise of religion,
freedom of speech and the right of assembly. The juvenile shall evidence
the bona fide nature of such exercise by first delivering to the person
designated by the Chief of Police to receive such information at the
Police Office at the Village Hall, 24 hours in advance, a written
communication, signed by the juvenile and countersigned by a parent
or legal guardian of the juvenile with their home address and telephone
number, specifying when, where and in what manner the juvenile will
be on the street at night (during hours when this Curfew Local Law
is otherwise applicable to said minor) in the exercise of the First
Amendment rights specified in such communication.
D.
In the case of an emergency.
E.
In case of reasonable necessity for a juvenile to
be on the street, but only after the juvenile's parent or legal guardian
has communicated to the Chief of Police or the person designated by
the Chief of Police to receive such notifications the facts establishing
the reasonable necessity relating to specified streets at a designated
time or a described purpose, including points of origin and destination.
F.
When returning home by a direct route from and within
one hour after the termination of a school-sponsored activity or an
activity of a religious or other civic association.
G.
When returning home by a direct route from the juvenile's
lawful and gainful employment, provided that prior written notice
has been filed with the Chief of Police, signed by the juvenile's
parent or legal guardian, identifying the name, address and telephone
number of the employer and the usual hours of employment.
A.
Any police or peace officer, upon finding a minor under the age of 18 in violation of § 49-2 of this article, 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 or peace officer shall report such action to the parents or legal guardian of the minor.
B.
If such minor under the age of 18 refuses to heed
the warning or direction given by any police or peace officer or refuses
to give the police or peace officer his correct name and address,
or if the minor has been warned on a previous occasion that he was
in violation of curfew, such minor shall be taken to the Coxsackie
Police Office and the parent or legal guardian of the minor shall
be notified to come and take charge of the minor.
Any person violating this article shall be fined
not more than $250 dollars and/or sentenced to not more than 15 days
in jail for each offense and/or be sentenced to not more than 100
hours of community service.
[Adopted 6-10-1991 by L.L. No. 2-1991]
This article shall be known and may be cited
as the "Local Law Providing for an Annual Halloween Juvenile Curfew."
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. The word "shall" is always mandatory and not merely
directory.
A trip taken to perform a specific task to help to bring
aid or comfort or to resolve an unexpected or sudden occurrence which
immediately threatens private or public health or safety.
Any person other than a parent, who has legal guardianship
of a minor.
A person under the age of 18.
The natural or adoptive parent of a minor.
Any individual, firm or corporation.
Any street, alley, highway or other public thoroughfare,
sidewalk, park, playground or place to which the general public has
access and a right to resort for business, entertainment or other
lawful purpose in the Village. 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 Coxsackie.
During the periods from 7:00 p.m. on October
30 through 6:00 a.m. on October 31 and from 7:00 p.m. on October 31
through 6:00 a.m. on November 1 each year, it shall be unlawful for
any minor to be in any public place or on private property other than
such minor's home or usual place of abode, without the permission
of the owner, within the Village of Coxsackie, either on foot or in
a vehicle, between the hours of 7:00 p.m. through 6:00 a.m., except:
A.
When accompanied by a parent or guardian; or
B.
When the minor is on an emergency errand; or
C.
When the minor is on a specific business or activity
directed or permitted by his parent or guardian, in writing, identifying
the minor, the specific business or activity, the location or locations
of such business or activity and the time when such business or activity
shall end, and signed by such parent or guardian; or
D.
When the presence of such minor is required in connection
with some legitimate employment, trade, profession or occupation;
or
E.
When the minor is in a motor vehicle with the consent
of his parent or guardian for interstate travel through the Village.
Any minor attending a function sponsored by a school, church, political organization or other nonprofit organization that requires such minor to be out during the curfew called for in § 49-8 of this article, shall be exempt from the provisions of said § 49-8 while traveling directly to such function from the minor's home or usual place of abode, while attending such functions and while traveling directly from such function to the minor's home or usual place of abode, provided the school, church, political organization or other nonprofit organization shall register, in writing, in advance with the Village Clerk of the Village to have the minor involved be out during said curfew. The registrant shall state the time when the function shall begin and when it shall end and the minor who attends the function shall be required to comply with all of the provisions of this article before the function shall begin, when not attending the function and after the function has ended.
It shall be unlawful for any person operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of 7:00 p.m. and 6:00 a.m. during the periods specified in § 49-8 of this article unless such minors are attending special functions which have been registered with the Village Clerk of the Village in accordance with § 49-9 of this article or are otherwise permitted to be in such public place pursuant to the exceptions to the curfew set forth in Subsections A through E of § 49-8 of this article.
A.
Any police or peace officer, upon finding a minor under the age of 18 in violation of § 49-8 of this article, 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 or peace officer shall report such action to the parents or guardian of the minor.
B.
If such minor under the age of 18 refuses to heed
the warning or direction given by any police or peace officer or refuses
to give the police or peace officer his correct name and address,
or if the minor has been warned on a previous occasion that he was
in violation of curfew, such minor shall be taken to the Coxsackie
Police Office and the parent or guardian of the minor shall be notified
to come and take charge of the minor.
In the prosecution of any violation of this article, it shall be an affirmative defense that the defendant was not a minor; had the permission of the owner to be in such public place or on such private property; was accompanied by a parent or guardian; was on an emergency errand; was on a specific business or activity directed by his parent or guardian, in writing, in accordance with § 49-8 of this article; was required to be in such public place in connection with some legitimate employment, trade, profession or occupation; was in a motor vehicle with the consent of his parent or guardian for interstate travel through the Village; or was traveling from his home or usual place of abode directly to a function previously registered with the Village Clerk of the Village in accordance with § 49-9 of this article, was attending such function, or was traveling directly to his home or usual place of abode from such function.
Any person violating this article shall be fined
not more than $250 dollars and/or sentenced to not more than 15 days
in jail for each offense and/or be sentenced to not more than 100
hours of community service.
