[HISTORY: Adopted Malone Village Board 2-14-1947.]
It shall be unlawful for any child under 16 years of age to loiter, peddle, be engaged in any vocation or remain in or upon any of the streets, alleys or public places in this village at nighttime, between the hours of 10:00 p.m. and 5:00 a.m., unless such person is accompanied by a parent, guardian or other person having the legal custody of such minor person or is in the performance of an errand or duty directed by such parent, guardian or other person having the care or custody of such minor person, or whose employment makes it necessary to meet upon such streets, alleys or public places during the nighttime after such specified hours. Provided, this exception shall not apply when the person under such age shall be playing or unnecessarily loitering in or upon any such street, alley or public place.
It is hereby made unlawful for any parent, guardian or other person having the legal care or custody of any such person under 16 years of age to allow or permit any such child, ward or other person under such age while in such legal custody to go in or be in or upon any of the streets, alleys or public places in this village within the time prohibited in § 16-1, unless there exists a reasonable necessity therefor.
It shall be the duty of each officer of the police force to take in custody any minor person violating the provisions of § 16-1 of this ordinance and to forthwith take said minor person to his or her parent, guardian or to the person having legal custody of such minor person, and give over said minor person to the parent, guardian or other person having the legal custody of such minor and to notify such parent, guardian or other person having legal custody of such minor of the violation of § 16-1 of this ordinance.
The failure or neglect of any parent, guardian or other person having the legal custody and control of any child to exercise reasonable diligence in the control of any child so as to prevent him from violating the provisions of this ordinance or the conduct of any parent, guardian or person who knowingly and willingly is responsible for, encourages, aids, causes, connives at or promotes any violation of any of the provisions of this ordinance shall constitute disorderly conduct and the person violating the same shall be a disorderly person and shall be liable to a penalty not exceeding $10 for such offense and stand committed to the Franklin County Jail until such fine be paid for a period not exceeding 10 days, but nothing herein contained shall be construed so as to interfere with the jurisdiction of the Family Court of Franklin County to prosecute any parent, guardian or other person having the legal custody and control of any minor person violating the provisions of § 16-1 of this ordinance for contributing to the neglect or delinquency of such child.
The violation of § 16-1 of this ordinance by any child under 16 years of age shall constitute juvenile delinquency and such child may be dealt with according to the provisions of the Family Court Act of the State of New York.
The police of the Village of Malone are hereby authorized to arrest without a warrant any person violating the provisions of the above sections of this ordinance and detain such person for a reasonable time in which a complaint can be made and a warrant issued and served.