[HISTORY: Adopted by the Town Board of the Town of Marlborough 10-25-2010 by L.L. No.
9-2010. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town of Marlborough
to minimize nocturnal crime. juvenile delinquency and vandalism and
to prevent the destruction and damage of both public and private property.
By this chapter, the Town of Marlborough seeks to promote the safety
and general welfare of the residents of the Town of Marlborough by
prescribing, in accordance with prevailing community standards, regulations
concerning the presence of minors on streets, roads, highways, public
parks or other public areas of the Town at night, all for the good
of minors, for the furtherance of family responsibility and for the
public good, safety and welfare. The Board finds that a curfew for
minors meets a very local need and will be a significant factor in
minimizing juvenile delinquency. This chapter takes into consideration
also the danger hours for nocturnal crime and for accumulations of
minors with potential risks incident to immaturity. Parental responsibility
for the whereabouts of children is the norm; and, as parental control
increases, the likelihood of juvenile delinquency decreases; and there
is a need for a nocturnal curfew for minors, to achieve under local
conditions the purposes herein stated.
As used in this chapter, the following terms shall have the
meanings given herein: ADULT — Any person 18 years
of age or older.
An activity which adult persons underwrite or promote and
in which the adult persons take responsibility for the minor.
An activity at which adult persons are present and 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.
Any person under the age of 18 or any person 17 or less years
of age.
A natural parent, adoptive parent, stepparent or another
person or other adult 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, recreational or
other places, transportation facilities, vacant lots and public buildings.
Subject to the exceptions set forth in this chapter, it shall
be unlawful for any minor 17 years of age or younger to congregate,
loiter, wander or play in or upon any public place in the Town of
Marlborough between the hours of 9:00 p.m. and 6:00 a.m. of the following
day from Sunday night until Friday morning. Friday and Saturday evenings
starting time will be one hour later, beginning at 10 pm.
Subject to the exceptions set forth in this chapter, it shall
be unlawful for the parent or guardian of any minor 17 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 in the Town of Marlborough between the hours as specified in
this chapter.
Exceptions shall be as follows:
A.
When a minor is accompanied by his or her parent or guardian.
B.
When the minor is accompanied by an adult authorized by the parent
or guardian of the minor.
C.
When the minor is on the sidewalk abutting the minor's residence
or is on the sidewalk or the area abutting either next-door neighbor,
which neighbor has not communicated an objection to the Police Department
or an officer thereof.
D.
When the minor is traveling in a direct route to his or her residence
from employment and carries a signed statement from the employer briefly
identifying the minor, the address of the minor's residence,
the address of the minor's place of employment, the name and
title of the minor's employer who signed the statement and the
minor's hours of employment.
E.
When the minor is traveling in a direct route to his or her residence
from an adult-supervised or adult-sponsored religious, school, civic,
not-for-profit, recreational or entertainment activity.
F.
When the minor is in a motor vehicle with parental or guardian consent
for normal travel: interstate travel beginning or ending in the Town
of Marlborough is excepted.
G.
When the minor is upon an emergency errand.
H.
When the minor is attending or traveling in a direct route to and
from an activity involving the exercise of First Amendment rights
protected by the United States Constitution, such as the free exercise
of religion, freedom of speech and the right of assembly. Such minor
shall evidence the intention of such exercise by exhibiting to Police
Department personnel a written statement signed by such minor and
countersigned by a parent of such minor, with their home address and
telephone number, specifying when, where and in what manner said minor
will be in a public place at night (during hours when this chapter
is otherwise applicable to said minor) in the exercise of a First
Amendment right specified in such statement.
Following strictly the applicable provisions of the Family Court
Act, police officers are hereby authorized to detain any minor for
the purpose of determining their status and 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.
Any person convicted for violating any provision of this chapter
shall be guilty of a violation punishable by a fine of not more than
$250, 15 days' imprisonment, or both.
A.
If any section, subsection, sentence, clause or phrase of this regulation
is for any reason held by a court of competent jurisdiction to be
unconstitutional or invalid, such decision shall not affect the validity
of the remaining portions of this regulation.
B.
The Town of Marlborough Town Board declares that they would have
passed this regulation and every section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared unconstitutional.
