[Ord. No. 73,[1] 10-3-2007]
The Common Council has become aware of the increased incidence
of acts of vandalism, criminal mischief and similar offenses perpetrated
by minors. It is believed that increased parental responsibility for
the actions of their children is essential for the effective prevention
and control of such juvenile offenses; therefore, this division is
declared necessary for the preservation of the public peace, health,
safety, and welfare of the people of the City.
[1]
Editor's Note: The effective date of this ordinance was extended
to 12-31-2008 by Ord. No. 142, adopted 9-17-2008. Ordinance No. 58,
adopted 4-1-2009, provided that Ord. No. 73 shall have no expiration
date.
[Ord. No. 73, 10-3-2007]
As used in this division, unless the context otherwise requires,
the following terms specified shall have the meanings ascribed to
them:
Mother or father.
A person appointed guardian or given custody of a minor by
a court of this state.
Any unemancipated person under the age of 16 years.
[Ord. No. 73, 10-3-2007]
(a)
The parent or legal guardian of an unemancipated minor residing with
such parent or legal guardian shall be presumed, in the absence of
evidence to the contrary, to have failed to exercise proper parental
responsibility, and said minor shall be deemed to have committed the
acts described below with the knowledge and permission of the parent
or guardian in violation of this division, upon the occurrence of
the events described in Subsections (a)(1), (2), (3) and (4):
(1)
An unemancipated minor residing with said parent or legal guardian
is adjudicated to be in violation of any state or City ordinance,
law or statute prohibiting the following acts:
a.
Trespassing.
b.
Defacing the property of another, including the addition of
graffiti to said property.
c.
Destroying any property of another.
d.
Mugging.
e.
Assault and battery.
f.
The destruction or defacing of public property owned by the
government of the City, county or state, including the addition of
graffiti to said property.
g.
The destruction of playground equipment and public parks.
h.
The consumption of alcoholic beverages on a public street.
i.
Public intoxication.
j.
Begging, panhandling or soliciting.
k.
Throwing, casting or placing any garbage, waste, papers, ashes,
sewage, refuse, junk, rubbish, circulars, glasses, bottles, cans,
dead animals or any other type of waste matter on any property, public
or private, except in such areas as may be officially designated and
licensed by a municipality, including the City.
l.
Throwing or depositing litter in or upon any private property
or upon any street, sidewalk, park or other public place or property
within the City, except in public receptacles and litter shall include
but not be limited to such items as paper, wrappings, cigarettes,
cardboard, leaves, wood, glass, crockery, bottles and similar materials.
m.
Indecent exposure.
n.
Loitering in a public place in such manner as to:
o.
The making of unsolicited, audible remarks in a public place
of an offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to whom or in whose hearing they are
made.
p.
Making, continuing or causing to be made or continued any loud,
unnecessary or unusual noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others; or creating any unreasonably loud, disturbing and unnecessary
noise of such character, intensity or duration as is detrimental to
the life or health of any individual or person within the limits of
the City or is offensive to persons of ordinary sensibilities; or
the possession and/or use of a controlled dangerous substance as the
same shall be defined a violation of any penal statute under the laws
of the state, as amended from time to time.
q.
Petit larceny or grand larceny as a felony under the New York
State Penal Law.
(2)
A fact-finding determination pursuant to the Family Court Act
of the state that the minor is a juvenile delinquent based upon any
of the foregoing acts.
(3)
Said parent or legal guardian shall have received a written
notice of such adjudication, either by certified or registered mail,
return receipt requested, from the Police Department of the City or
by personal service returned from the Police Department of the incorporated
City, following said adjudication.
(4)
If, at any time within 12 months following receipt of the notice
set forth in Subsection (a)(2), said minor is adjudicated to be in
violation of any state or City law or statute as described in Subsection
(a)(1).
(b)
It is the intent of this division that parents or legal guardians
of unemancipated minors residing with such parents or legal guardians
shall only be held responsible herein under upon the second adjudication
of the minor, as set forth in Subsection (a)(3).
[Ord. No. 73, 10-3-2007]
Any parent who shall violate the terms of this division shall,
upon conviction thereof, be subject to punishment by a fine not to
exceed $250. A violation of this division shall not constitute a misdemeanor.
Restitution shall also be required to make whole any victim or third
party who has suffered financial loss in connection with the charged
violation. Should the court choose not to sentence the defendant to
a term of probation, or should the court suspend all or any portion
of a fine, costs or restitution assessed against the defendant, the
court shall so state on the record and shall state the reason or reasons
for its action. In addition to the penalties provided for in this
section, the court may also impose any penalties otherwise provided
for by law, such as community service in lieu of fines or they may
require the parent participate in, through completion, a court-approved,
community-based treatment program; i.e., parenting skills, family
services, employment and training, etc.
[Ord. No. 73, 10-3-2007]
The provisions of this division shall be cumulative, not exclusive,
and the state or any other person shall have the right to proceed
to enforce any other legally available remedies against a person found
guilty under the provisions of this division.
