[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:
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.
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
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.
B.
In the case of a violation by a young person, a fine of $25 shall
be imposed.
