[HISTORY: Adopted by the City Council of the City of Yonkers 2-26-1991 by G.O. No. 4-1991. Amendments noted where applicable.]
The City Council determines that significant numbers of minors have been congregating throughout the City late at night causing general disturbances to residents during Halloween. In order to reduce juvenile crime, protect the children of this municipality and reinforce parental authority on Halloween, it is necessary that a curfew be established to keep unescorted minors or minors without legitimate business, as defined herein, out of public places or areas, including but not limited to theaters, carnivals, shows, stores, restaurants, soft drink stands, hotel lobbies, parks, plazas, streets, squares or places where intoxicating liquors are sold late at night.
The following terms shall be given the meanings indicated when utilized in this chapter:
- CHILD or CHILDREN
- A person less than 12 years of age.
- A person of 12 or 13 years of age.
- A person of 14, 15 or 16 years of age.
- PUBLIC PLACE or PUBLIC AREA
- Any street, highway, plaza, square, park, vacant lot, building or structure; a building, structure, facility or area open to the public; carnivals, shows, stores, fast-food and other restaurants; hotel lobbies, soft drink stands, places where intoxicating liquors are served or sold after dark; and all other places or areas, whether publicly or privately owned, which are open to the public.
- YOUNG PERSON
- Refers to juveniles, minors and children.
It shall be unlawful for any young person to remain in, on or about any public place or public area during the following hours:
The following shall constitute valid exceptions to the operation of curfew:
At any time, if the young person is accompanied by a parent, legal guardian or other responsible person who is over the age of 21 and approved by the young person's parent or legal guardian.
In a case of reasonable necessity, if the young person is on an errand as directed by a parent or legal guardian or other responsible person who is over the age of 21 and approved by the young person's parent or legal guardian, but only after the young person's parent has communicated to the Yonkers Police Department the nature of the errand, including points of origin and destination.
If the young person is legally employed, for the period from 1/2 hour before and after work, while going directly between his or her home and place of employment. This exception shall also apply if the young person is in a public place during curfew hours in the course of his or her employment. To come under this exception, the young person must be carrying a written statement from the employer attesting to the place and hours of employment.
Until the hour of 12:30 a.m., if the young person is on the property of or the sidewalk directly adjacent to the building in which he or she resides or the buildings immediately adjacent thereto so long as the owners of the adjacent buildings do not object.
If the young person 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 12:30 a.m. If the event is not commercial in nature or does not have a fixed, publicly known time at which it will end, the sponsoring organization must register the event with the Police Department at least 24 hours in advance, informing it of the time such event is scheduled to begin, the place at which it shall be held, the time at which it shall end and the name of the sponsoring organization.
If the young person is exercising First Amendment rights protected by the Constitution, such as the free exercise of religion, speech or assembly, provided that the young person first has given notice to the Police Commissioner by delivering a written communication signed by the young person and countersigned by a parent of the young person which specifies when, where and in what manner the young person will be exercising First Amendment rights during the curfew period.
A police officer who has probable cause to believe that a young person is in violation of this chapter shall take such young person to the police station, where the young person's parent or guardian shall be immediately contacted. If, after this contact, there is still probable cause to believe that the young person was violating this chapter, the young person shall be held until the parent or guardian comes to take the child home. If the young person has no parent or guardian or no parent or guardian has arrived within two hours, the young person shall be turned over to the custody of the appropriate juvenile authorities.
In the case of a violation by a young person, a fine of $25 shall be imposed.