[HISTORY: Adopted by the Common Council of the City of Buffalo 11-30-1993,[1] effective 12-6-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 313.
[1]
Editor's Note: As amended by an ordinance adopted 12-10-1996,
effective 12-20-1996, this curfew ordinance provided that it shall
be perpetual, unless repealed by the Common Council.
Subject to the exceptions set forth in § 343-4 of this chapter, it shall be unlawful for any minor 16 years of age or younger to congregate, loiter, wander or play in or upon any public place, between the hours of 11:00 p.m. and 5:00 a.m. of the following day, official City time, except on weekends, when such restricted hours shall be from 12:00 midnight on Friday and Saturday to 5:00 a.m. of the following day.
Subject to the exceptions set forth in § 343-4 of this chapter, it shall be unlawful for the parent or guardian of any minor 16 years of age or younger to knowingly or negligently by insufficient control allow such minor to congregate, loiter, wander or play in or upon any public place, between the hours of 11:00 p.m. and 5:00 a.m. of the following day, official City time, except on weekends, when such restricted hours shall be from 12:00 midnight on Friday and Saturday to 5:00 a.m. of the following day.
As used in this chapter, the following terms shall have the
meanings indicated:
To go along with or be associated with under individualized
supervision.
Any person 18 years of age or older.
Adult persons underwrite or promote an activity and the adult
persons take responsibility for the minor.
Adult persons are present at the activity and the adult persons
take full responsibility for the minor.
The shortest path of travel through a public place to reach
a final destination, without any detour or stop.
An unforeseen combination of circumstances or the resulting
state that requires immediate action by the minor to prevent serious
bodily injury or loss of life.
A person who, under court order, is the guardian of the person
of a minor; or a public or private agency with whom a minor has been
placed by a court.
A natural parent, adoptive parent, stepparent or another
person, or other adult person having the lawful care and custody of
the minor.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, highways, streets,
alleys, parks, playgrounds, shops, shopping plazas, transportation
facilities, vacant lots, hospitals and public buildings.
Any person younger than 17 years of age.
Exceptions shall be as follows:
A.Â
When the minor is on the sidewalk abutting the minor's residency,
and either next door neighbor has not communicated an objection to
a police officer.
B.Â
When the minor is traveling in a direct route to his or her residency
from employment and carries a signed statement from the employer briefly
identifying the minor, the address of the minor's residency,
the address of the minor's place of employment, the name and
title of the minor's employer who signed the statement and minor's
hours of employment.
C.Â
When the minor is traveling in a direct route to his or her residency
from an adult-supervised or adult-sponsored religious, school, civic,
not-for-profit, recreational or entertainment activity or adult-supervised
or -sponsored organized dance.
D.Â
When the minor is accompanied by his or her parent or guardian.
E.Â
When the minor is accompanied by an adult authorized by the parent
or guardian of the minor.
F.Â
When the minor is in a motor vehicle with parental or guardian consent
for normal travel; and interstate travel beginning or ending in the
City of Buffalo is excepted.
G.Â
When the minor is upon an emergency errand.
H.Â
When the minor is attending or traveling in a direct route to or
from an activity involving the exercise of First Amendment rights
protected by the United States Constitution.
[Amended 6-14-1994, effective 6-23-1994]
Following strictly the applicable provisions of the Family Court
Act, police officers and Buffalo Municipal Housing Authority police
officers are hereby authorized to detain any minor for the purpose
of determining their status, whether the health, safety or welfare
of such minor has been endangered as a result of a violation of the
provisions of this chapter. The parent, guardian or adult having the
care and custody of such minor shall be promptly notified as to the
location that such minor can be picked up.
A parent or guardian who violates this chapter shall, upon the
first violation, be issued a warning citation; upon the second violation,
be subject to a fine of not more than $25; upon the third violation,
be subject to a fine of not more than $100; upon the fourth violation
and every offense thereafter be subject to a fine of not more than
$200.
