[HISTORY: Adopted by the Town Board of the Town of Hamlin 12-10-2007 by L.L. No. 13-2007 (Ch. 29 of the 1987 Code). Amendments noted where applicable.]
Loitering — See Ch. 336.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- Any individual who has not yet attained his or her 18th birthday.
The Town Board has determined that large numbers of minors have been congregating in public areas of the Town after dark causing general disturbance to residents. In order to reduce juvenile crime and vandalism, to protect the children of this municipality, and to reinforce parental authority, it is necessary that a curfew be established to keep minors out of public areas after dark.
It shall be unlawful for any minor to remain in or upon any public street, sidewalk, park, vacant lot or other public place between the hours of 11:00 p.m. of any day from Sunday through Thursday and 5:00 a.m. of the following day, or between the hours of 11:59 p.m. of any Friday or Saturday and 5:00 a.m. of the following day.
The following shall constitute valid exceptions to the operation of the curfew:
At any time, if the minor is accompanied by his or her parent, legal guardian, or other responsible person who is over the age of 21 and approved by the minor's parent or legal guardian.
If the minor is legally employed, for the period from 1/2 hour before to 1/2 hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the minor is in a public place during curfew hours in the course of his or her employment. To come under this exception, the minor must be carrying a written statement from the employer attesting to the place and hours of employment.
If the minor is coming directly home from a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event. This exception will apply for 1/2 hour after the completion of such event, but in no case beyond 1:30 a.m.
If the minor is exercising First Amendment rights protected by the Constitution, such as the free exercise of religion, speech, or assembly, provided that the minor first has given notice to the Code Enforcement Officer by delivering written communication signed by the minor and countersigned by a parent of the minor which specifies when, where, in what manner, and for what First Amendment purposes the minor will be in a public area at night during the curfew period.
Failure to comply with this chapter shall be a violation as defined in § 55.10 of the New York State Penal Law, and penalties may be imposed thereunder and pursuant to § 80.05 of the New York State Penal Law. Any penalties or damages recovered or imposed under this chapter are in addition to any other remedies available at law or equity.