City of Kingston, NY Parental Responsibility

The City has become aware of the increased incidence of acts of vandalism, criminal mischief and similar offenses perpetrated by minors. It is believed that increased parental responsibility for the actions of their children and wards is essential for the effective prevention and control of such juvenile offenses. This chapter is promulgated to provide means for alleviating this problem and to ensure the safety of the property of the residents and taxpayers of the City of Kingston.

§ 308-2 Definitions.

As used in this chapter, unless the context otherwise requires, the following terms specified shall have the meanings ascribed to them:

LEGAL GUARDIAN

A person appointed guardian or given custody of a minor by a court of this state.

MINOR

A person who is above the age of eight years but not yet 18 years of age.

§ 308-3 Presumption of parental permission; prohibited acts.

The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be responsible for, in the absence of evidence to the contrary, having failed to exercise proper parental responsibility if the parent has knowledge of the child's potential for misconduct. Parental knowledge is established by the minor having two or more violations within a six-month period; and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian in violation of this chapter upon the occurrence of the events described in Subsection A (1), (2), (3) and (4) below:

(1)

An unemancipated minor residing with said parent or legal guardian is adjudicated to be in violation of any state or City ordinance, law or statute prohibiting the following acts:

(a)

Trespassing.

(b)

Defacing the property of another, including the addition of graffiti to said property.

(c)

Destroying any property of another.

(d)

Assault.

(e)

The destruction or defacing of public property owned by the government of the city, county or state, including the addition of graffiti to said property.

(f)

The destruction of playground equipment and public parks.

(g)

The consumption of alcoholic beverages on a public street.

(h)

Public intoxication.

(i)

Begging, panhandling or soliciting.

(j)

Throwing, casting or placing any garbage, waste, papers, ashes, sewage, refuse, junk, rubbish, circulars, glasses, bottles, cans, dead animals or any other type of waste matter on any property, public or private, except in such areas as may be officially designated and licensed by a municipality, including the City of Kingston.

(k)

Throwing or depositing litter in or upon any private property or upon any street, sidewalk, park or other public place or property within the City, except in public receptacles or in official City dumps; and "litter" shall include but not be limited to such items as paper, wrappings, cigarettes, cardboard, tin cans, leaves, wood, glass, crockery, bottles and similar materials.

(l)

Indecent exposure.

(m)

Conduct or behavior in a public place in such manner as to:

[1]

Create a danger of a breach of the peace.

[2]

Create any disturbance or annoyance to the comfort and repose of any person.

[3]

Obstruct the free passage of pedestrians or vehicles.

[4]

Obstruct, molest or interfere with any person lawfully in a public place.

(n)

The making of unsolicited, audible remarks in a public place of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom or in whose hearing they are made.

(o)

Making, continuing or causing to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others; or creating any unreasonably loud, disturbing and unnecessary noise of such character, intensity or duration as is detrimental to the life or health of any individual or person within the limits of the City of Kingston or is offensive to persons of ordinary sensibilities; or the possession and/or use of a controlled dangerous substance, as the same shall be defined a violation of any penal statute under the laws of the State of New York, as amended from time to time.

(p)

Petit larceny or grand larceny as a felony under the New York State Penal Law.

(2)

A fact-finding determination pursuant to the Family Court Act of the State of New York that the minor was found to be a juvenile delinquent and/or was adjudicated to be a person in need of supervision (PINS) based upon any of the foregoing acts.

(3)

Said parent or legal guardian shall have received a written notice of such adjudication, either by certified or registered mail, return receipt requested, from the Police Department of the City of Kingston or by personal service returned from the Police Department of the City of Kingston, following said adjudication.

(4)

If, at any time within six months following receipt of the notice set forth in Subsection A(2) above, said minor is adjudicated to be in violation of any state or City law or statute as described in Subsection A(1) above.

It is the intent of this chapter that parents or legal guardians of unemancipated minors residing with such parents or legal guardians shall only be held responsible herein under the second adjudication of the minor, as set forth in Subsection A(3) above.

§ 308-4 Penalties for offenses.

Any person convicted of a violation of the provisions of this chapter shall be guilty of an offense, and such person shall be liable for a fine of not more than $250 for each offense. A violation of this chapter shall not constitute a misdemeanor.

§ 308-5 Severability.

If any clause, sentence, paragraph, word, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 308-6 Limitation of liability.

The City shall not be liable or responsible for any injury to any civil or other right, injuries to persons, or injury or damage to property, due to the City's actions, or failure to act, under or pursuant to this chapter, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the City, except that the City maintains all immunities from liability as set forth or referenced in § 168-4 of the Correction Law of the State of New York, as it now exists or may be hereafter amended.