Village of Dundee, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Dundee 5-13-1975 by L.L. No. 1-1975 by Art. I of Ch. 65 of the 1975 Village of Dundee Municipal Code. Amendments noted where applicable.]
Peace and good order — See Ch. 94.
[Amended 5-23-1989 by L.L. No. 2-1989]
No person under the age of 16 years shall remain upon any public street alley or public place in this village between 11:00 p.m. and 5:00 a.m. unless such person is accompanied by a parent or guardian or other person having custody of such minor.
This chapter shall not be construed to prohibit a minor under the age of 16 years from going directly to his home or place of residence from any place of entertainment church, school activity, place of employment or any other social or group activity sponsored by a religious, charitable, educational, eleemosynary or public institution or group.
No person having the legal custody or care of any minor described above shall allow or permit such person to remain upon any public street, alley or public place in the nighttime as hereinabove prohibited, except in case of necessity.
[Added 5-23-1989 by L.L. No. 2-1989]
Nothing in § 49-1 or 49-2 of this chapter shall be so construed as to authorize the arrest of any such minor person who shall have in his possession a written or printed permit signed by the parent or guardian, or person having the legal custody of such minor person, and dated in ink for the day it is to be used, which said permit shall state that said minor person is absent from home for some necessary purpose. But, in order that said permit shall exempt such minor person from arrest on the evening for which it is dated, said minor person shall not be found unnecessarily loitering or playing upon any of the streets, alleys or public places of the village.
[Added 9-12-2006 by L.L. No. 6-2006]
If a police officer reasonably believes that a person is in a public place in violation of this chapter, the officer shall notify the person of such violation and shall require the person to provide his or her name, address, telephone number and how to contact his or her parents. In determining the age of the person, and in the absence of convincing evidence such as a student ID or driver's license, the officer shall use his or her best judgment in determining age.
If the officer determines or has reason to believe that a person is in violation of this chapter, he or she shall, if practicable, take the person to police headquarters and procure the person, whereupon the parent shall be questioned to ascertain, within constitutional limits, the relevant fact.
The officer shall file a written report.
The officer shall issue an appearance ticket or tickets as the circumstances require.
The minor shall be released to the custody of the parent.
If a parent cannot be located or fails to take charge of the minor, the minor may temporarily be entrusted to a relative, neighbor or other person who will assume responsibility of caring for the minor pending availability of a parent.
In circumstances where the procedures in Subsections B, E and F of this section are impracticable, the officer shall comply with or cause compliance with the procedure in Subsections A, C, D and H of this section.
In the case of a first violation by a minor, the police officer shall, by certified mail returned receipt requested, send a parent written notice of the violation, with a warning that any subsequent violation will result in full enforcement of the curfew law, including the enforcement of parental responsibility and of applicable penalties.
[Added 5-23-1989 by L.L. No. 2-1989; amended 9-12-2006 by L.L. No. 6-2006]
Any minor under the age of 16 years of age violating the provisions of this chapter shall be dealt with in accordance with the procedures contained in § 49-5 herein and on each violation shall be treated as a first violator.
Any parent convicted for violating any provision of this chapter shall be guilty of a violation punishable by a fine of not more than $50 for the first conviction, $100 for the second conviction and $250 thereafter or by a term of imprisonment not to exceed 15 days or be required to perform community service or any combination thereof.
[Added 9-12-2006 by L.L. No. 6-2006]
Notice of the existence of this chapter and of the curfew regulations established by it shall be posted from time to time in, on or at such public or quasipublic places as may be determined by the Dundee Village Board of Trustees in order that the public may be informed of the existence of this chapter and its regulations.