All children under the age of 16 years are hereby forbidden
to be upon the streets or in any public places or public buildings
in the Village of Cayuga Heights between 11:00 p.m. and one-half hour
before sunrise unless accompanied by the parent or guardian, or other
adult having the care and custody of such minor person, or unless
the business or employment of such minor, engaged in with the consent
of the parent or guardian or other adult having the care and custody
of such minor, makes it necessary to be upon the streets, or other
public places in said Village during the hours specified herein; provided,
however, that these latter two exceptions shall not apply when such
minor shall be playing or unnecessarily loitering in or upon any street
or other public place in said Village.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The following additional exceptions apply to curfew hours:
A. When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. The juvenile shall evidence the bona fide nature of such exercise by first delivering to the person designated by the Chief of Police to receive such information at the Police Office at the Village Hall, 24 hours in advance, a written communication, signed by the juvenile and countersigned by a parent or legal guardian of the juvenile with their home address and telephone number, specifying when, where and in what manner the juvenile will be on the street at night (during hours when this Chapter
115, Curfew, is otherwise applicable to said minor) in the exercise of the First Amendment rights specified in such communication.
B. In the
case of an emergency.
C. When the
minor is, with parental consent, in or on a public place in a case
of reasonable necessity.
D. When the
minor is on the sidewalk or property where the minor resides and the
adult owner or resident of that property has given permission for
the minor to be there.
E. When returning
home by a direct route from and within one hour after the termination
of a school-sponsored activity or an activity of a religious, voluntary,
cultural or community organization.
All parents, guardians, or other adults having the care and
custody of any child under the age of 16 years are hereby forbidden
to permit such child or children to be upon the streets or in any
public places or public buildings in the Village during the hours
above stated unless such child is accompanied by said parent, guardian,
or other adult having the care and custody of the minor, or unless
such minor is performing an errand directed by said person or unless
the business or employment of such minor, engaged in with the consent
of such person, makes it necessary to be upon the streets or in any
public place or a public building in the Village.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A. Any police
or peace officer, upon finding a minor under the age of 16 in violation
of this chapter, shall ascertain the name and address of the minor
and warn the minor that he is in violation of curfew and shall direct
the minor to proceed at once to his or her home or usual place of
abode. The police or peace officer shall report such action to the
parents or legal guardian of the minor.
B. If such
minor under the age of 16 refuses to heed the warning or direction
given by any police or peace officer or refuses to give the police
or peace officer his correct name and address, or if the minor has
been warned on a previous occasion that he was in violation of curfew,
such minor shall be taken to the Police Office and the parent or legal
guardian of the minor shall be notified to come and take charge of
the minor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Failure to comply with this chapter shall constitute a violation
as defined in the Penal Law of the State of New York and any offender
shall be punished in accordance therewith by a fine of up to $250,
imprisonment for not more than 15 days, or both such fine and imprisonment.