[HISTORY: Adopted by the Common Council of
the City of North Tonawanda 11-19-1996[1]; amended in its entirety 10-3-2017. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This legislation also superseded
former Ch. 70A, Promoting General Welfare of Minors in Public Places,
adopted 12-19-1995.
Subject to the exceptions set forth in § 70A-5 of this chapter, it shall be unlawful for any minor to congregate, loiter, idle, wander, play or remain in or upon any public place between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official City time, except on weekends, when such restricted hours shall be from 12:00 midnight on Friday and Saturday to 6:00 a.m. of the following day.
Subject to the exceptions set forth in § 70A-5 of this chapter, it shall be unlawful for the parent, guardian or other adult having the care and custody of any minor to knowingly or negligently by insufficient control allow such minor to congregate, loiter, idle, wander, play or remain in or upon any public place between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official City time, except on weekends, when such restricted hours shall be from 12:00 midnight on Friday and Saturday to 6:00 a.m. of the following day.
A.
Prohibition. It shall be unlawful for any person to engage in any
bullying or harassment of a person or induce another person to engage
in such bullying or harassment.
B.
Retaliation prohibited. No person shall retaliate against any person
who reports any conduct which is prohibited by this section.
C.
Constitutionally protected activity. This section shall not be construed
to apply to any constitutionally protected activity or speech.
D.
It shall be unlawful for any custodial parent or guardian of any unemancipated minor, as defined in § 70A-4, to allow or permit such person to violate any provisions of this section. The fact that prior to the present offense a parent, guardian or custodian was informed, in writing, by a law enforcement officer of a separate violation by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
As used in this article, the following terms shall have the
meanings indicated:
To go along with or be associated with under individualized
supervision.
Adult persons underwrite or promote an activity and the adult
persons take responsibility for the minor.
Adult persons are present at the activity and the adult persons
take full responsibility for the minor.
A form of harassment and is defined as an intentional course
of conduct which is reasonably likely to intimidate, emotionally abuse,
slander or threaten another person and which serves no legitimate
purpose.
A pattern of conduct composed of a series of acts over a
period of time however short, evidencing a continuity of purpose.
The shortest path of travel through a public place to reach
a final destination, without any detour or stop.
An unforeseen combination of circumstances or the resulting
state that requires immediate action by the minor to prevent serious
bodily injury or loss of life.
A person who, under court order, is the guardian of the person
of a minor; or a public or private agency with whom a minor has been
placed by a court.
Any conduct, whether verbal, physical, written, or by means
of any mode of communication, which:
Any person under the age of 16 from the date of passage until
September 30, 2018; then as laid out in Senate Bill A-3009c/S-2009c
Part WWW, a minor is as of October 1, 2018, anyone under the age of
17, and as of October 1, 2019, anyone under the age of 18.
A natural parent, adoptive parent, stepparent or another
person, or other adult person having the lawful care and custody of
the minor.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, highways, streets,
alleys, parks, playgrounds, shops, shopping plazas, transportation
facilities, vacant lots, hospitals and public buildings.
Exceptions shall be as follows:
A.
When the minor is on the sidewalk abutting the minor's residency
and either next door neighbor has not communicated an objection to
a police officer.
B.
When the minor is traveling in a direct route to his or her residency
from employment and carries a signed statement from the employer briefly
identifying the minor, the address of the minor's residency, the address
of the minor's place of employment, the name and title of the minor's
employer who signed the statement and the minor's hours of employment.
C.
When the minor is traveling in a direct route to his or her residency
from an adult-supervised or adult-sponsored religious, school, civic,
not-for-profit, recreational or entertainment activity or adult-supervised
or -sponsored organized dance.
D.
When the minor is accompanied by his or her parent or guardian.
E.
When the minor is accompanied by an adult authorized by the parent
or guardian of the minor.
F.
When the minor is in a motor vehicle with parental or guardian consent
for normal travel, and interstate travel beginning or ending in the
City of North Tonawanda is accepted.
G.
When the minor is on an emergency errand or legitimate business directed
by his or her parent, guardian or other adult having the care and
custody of such minor.
H.
When the minor is attending or traveling in a direct route to or
from an activity involving the exercise of First Amendment rights
protected by the United States Constitution.
Police officers are hereby authorized to detain any minor for
the purpose of determining their status, and whether the health, safety
or welfare of such minor has been endangered as a result of a violation
of the provisions of this article. The parent, guardian or adult having
the care and custody of such minor shall be promptly notified as to
the location that such minor can be picked up. Said parent, guardian
or person having the care and custody of such minor shall be advised
by the police to thereafter keep such minor from the streets and public
places as stated herein between the hours aforesaid.
A.
A parent, guardian or other adult having the care and custody of
such minor who violates any provision of this article shall be subject
to a fine of not more than $250 or by imprisonment of not more than
15 days, or both. Each violation of any of the provisions of this
article shall constitute a separate offense.
B.
Except where another penalty is prescribed, any person who shall violate any provision of § 70A-3. In addition to any penalty imposed for violation of §§ 240.25, 240.26, 240.30, 240.31 of the New York State Penal Law, or this section, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates §§ 240.25, 240.26, 240.30, 240.31 of the New York State Penal Law may also be held liable for the cost of repairing such damaged or destroyed property.
This article shall take effect immediately.
As used in this article, the following terms shall have the
meanings indicated.
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or by whatever process produced.
Any drink capable of being consumed containing ethanol or
ethyl alcohol is an alcoholic beverage.
A person who, under court order, is the guardian of the person
of a minor; or a public or private agency with whom a minor has been
placed by a court.
Any substance listed in § 3306 of the New York
State Public Health Law and not prescribed by a physician.
[Added 4-2-2024]
Any part of the plant genus Cannabis, whether growing or
not; the seeds thereof; the resin extracted from any part of the plant,
including hashish and hash oil; and compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin; and any
component or accessory used in the consumption of marijuana projects,
such as edibles, filters, rolling papers, pipes, and liquids used
in electronic smoking devices.
[Added 4-2-2024]
Any person under 21 years of age.
A natural parent, adoptive parent, stepparent or another
person, or other adult person having the lawful care and custody of
the minor.
A group of persons who have assembled or are assembling for
a social occasion or social activity.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, highways, streets,
alleys, parks, playgrounds, shops, shopping plazas, transportation
facilities, vacant lots, hospitals and public buildings.
Any product that is made from or derived from tobacco, or
that contains nicotine, that is intended for human consumption or
is likely to be consumed, whether smoked, heated, chewed, absorbed,
dissolved, inhaled or ingested by any other means, including, but
not limited to, a cigarette, cigar, hookah, pipe tobacco, chewing
tobacco, snuff, snus and electronic smoking devices ["e-cigs," "vapes,"
"e-hookahs," "vape pens," "JUUL," "Hyde," and "electronic nicotine
delivery systems (ENDS)," etc.] and any component or accessory used
in the consumption of a tobacco project, such as filters, rolling
papers, pipes, and liquids used in electronic smoking devices, whether
or not they contain nicotine.
[Added 4-2-2024]
Consumption of alcohol by a minor is prohibited in any public
place, place open to public, or place not open to public. Except as
permitted by state law, it is unlawful for any minor to:
Allowing a party, gathering, or event where minors consuming alcoholic beverages is prohibited. Except as permitted by Article I, § 3, of the New York State Constitution, it is unlawful for any person to allow or host a party, gathering, or event at his or her place of residence or other private property, place, or premises under his or her control where three or more minors are present and alcoholic beverages are being consumed by any minor. This section does not apply to conduct involving the use of alcoholic beverages (i.e., religious rituals) which occurs exclusively between a minor child and his or her parent or legal guardian.
[Amended 4-2-2024]
The decision on punishment shall be determined by the court
and the presiding judge. It is recommended:
A.
First
offense. Any person, firm or corporation violating any of the provisions
of this article shall be guilty of a violation punishable to the fullest
extent of the law up to and including a fine of $500 and/or 15 days
in jail and/or serve court-ordered community service hours.
B.
Second
offense. Any person who violates any of the provisions of this article
shall be guilty of a violation punishable to the fullest extent of
the law up to and including a fine of $1,000 where such violation
constitutes the person's second offense and/or 30 days in jail, and/or
serve court-ordered community service hours.
