[HISTORY: Adopted by the Board of Trustees of the Village
of Unadilla as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-15-1981 by L.L. No. 3-1981]
It is hereby declared to be the policy of the Village of Unadilla
to minimize nocturnal crime, juvenile delinquency and vandalism and
to prevent the destruction and damage of both public and private property.
By this article, the Board of Trustees seeks to promote the safety
and general welfare of the residents of the Village of Unadilla by
prescribing, in accordance with prevailing community standards, regulations
concerning the presence of minors on streets, roads, highways, public
parks or other public areas of the Village at night, all for the good
of minors, for the furtherance of family responsibility and for the
public good, safety and welfare. The Board finds that a curfew for
minors meets a very local need and will be a significant factor in
minimizing juvenile delinquency. This article takes into consideration
also the danger hours for nocturnal crime and for accumulations of
minors with potential risks incident to immaturity. Parental responsibility
for the whereabouts of children is the norm; and, as parental control
increases, the likelihood of juvenile delinquency decreases; and there
is a need for nocturnal curfew for minors to achieve under local conditions
the purposes herein stated.
A.
MINOR
PARENT
POLICE
PUBLIC PARKS and PUBLIC AREAS
REMAIN or LOITER
STREET, ROAD and HIGHWAY
TIME OF NIGHT
VILLAGE
YEARS OF AGE
As used in this article, the following terms, phrases, words and
their derivations shall have the meanings given herein:
Any person under the age of 18 or, in equivalent phrasing
often herein employed, any person 17 or less years of age.
Any person having legal custody of a minor as a natural or
adoptive parent, as a legal guardian, as a person who stands in loco
parentis or as a person to whom legal custody has been given by order
of the court.
Members of the State Police or the Sheriff's Department.
Includes but are not limited to recreational and other places,
whether privately or publicly owned, open to the general public and
those places visited by many persons and accessible to the public.
To stay behind, to tarry or to stay unnecessarily upon the streets, roads, highways, public parks or other public areas, including the congregating in groups or of interacting minors totaling four or more persons in which any minor involved would not be using the streets, roads, highways, public parks or other public areas for ordinary or serious purposes such as mere passage or proceeding home. To implement this definition with additional precision and precaution, numerous exceptions are expressly set forth in § 104-4 hereof so that this is not a mere prohibitory type of curfew local law.
A way or place, of whatever nature, open to the use of the
public as a matter of right for purposes of vehicular travel or, in
the case of a sidewalk thereof, for pedestrian travel. The terms "street,"
"road" and "highway" include the legal right-of-way, including but
not limited to traffic lanes, curbs, sidewalks, whether paved or unpaved,
and any grass plots or other grounds found within the legal right-of-way
of a street, road or highway. The terms "street," "road" and "highway"
apply, irrespective of what they are called or formally named, whether
an alley, avenue, court, drive, boulevard or otherwise.
Based upon the prevailing standard of time, whether Eastern
standard time or Eastern daylight saving time, generally observed
at that hour by the public in the town.
The Village of Unadilla.
Continues from one birthday, such as the 17th, to but not
including the day of the next, such as the 18th birthday, making it
clear that 17 or less years of age is herein treated as equivalent
to the phrase "under 18 years of age."
B.
Word usage. "Shall" is always mandatory and not merely directory.
It shall be unlawful and a violation of this article for any
person 17 or less years of age (under 18) to be or loiter or remain
in or upon the streets, roads, highways, public parks or other public
areas within the Village of Unadilla at night during the period ending
at 6:00 a.m. and beginning:
In the following exceptional cases, a minor on or upon a Village street, road, highway, public park or other public area during the nocturnal hours for which § 104-3 is intended to provide the maximum limits of regulation (and a clear, general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this article:
A.
When accompanied by a parent of such minor.
B.
When accompanied by an adult authorized by a parent of such minor
to take said parent's place in accompanying said minor for a
designated period of time and purpose within a specified area.
C.
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. Such minor shall evidence the intention
of such exercise by delivering to police personnel, at their request,
a written statement signed by such minor and countersigned by a parent
of such minor, with their home address and telephone number, specifying
when, where and in what manner said minor will be on or upon the streets,
roads, highways, public parks or public areas at night (during hours
when this article is otherwise applicable to said minor) in the exercise
of a First Amendment right specified in such statement.
D.
In the case of reasonable necessity, the parent shall verify such
necessity to the police, if requested.
E.
When the minor is on the sidewalk or the area immediately in front
of the place where such minor resides or is on the sidewalk or the
area immediately in front of either next-door neighbor not communicating
an objection to the police.
F.
When returning home by a direct route from and within 45 minutes
of the termination of a school activity or an activity of a religious
or other voluntary association.
G.
When authorized by special permit issued by the Village Clerk, after
authorization from the Mayor or member of the Board of Trustees of
the Village of Unadilla, carried on the person of the minor thus authorized,
as follows: When necessary nighttime activities of a minor may be
inadequately provided for by other provisions of this article, then
recourse may be had to the Village Clerk for a special permit as the
circumstances warrant.
H.
When authorized by resolution passed by the Village, in other similar
cases of reasonable necessity, similarly handled but adapted to necessary
nighttime activities of more minors than can readily be dealt with
on an individual special permit basis by the Mayor or Village Clerk.
It shall be unlawful and a violation of this article for a parent,
as defined herein, having legal custody of a minor knowingly to permit
or by inefficient control to allow such minor to be or remain or loiter
upon any street, road, highway, public park or other public area of
the Village under circumstances not constituting an exception to or
otherwise beyond the scope of this article. The term "knowingly" includes
knowledge which a parent should reasonably be expected to have concerning
the location or whereabouts of a minor in that parent's legal
custody. It is intended to continue to keep neglectful or careless
parents up to a reasonable community standard of parental responsibility
through an objective test. It shall be no defense that a parent was
completely indifferent to the activities or conduct or whereabouts
of such minor.
Any police officer, upon finding or having attention called
to any minor on or upon the streets, roads, highways, public parks
or other public areas of the Village in prima facie violation of this
article, shall ascertain the name, address and age of said minor and
escort said minor to his or her residence. In the case of a first
violation by a minor, the police shall send by certified mail a written
notice of said violation, with a warning that any subsequent violation
may result in full enforcement of this article, including enforcement
of parental responsibility and of applicable penalties as hereinafter
set forth. A copy of said written notice of violation shall be placed
on file in the Village Clerk's office.
[Amended 6-19-1990 by L.L. No. 2-1990]
If, after the warning notice pursuant to § 104-6 of a first violation by a minor, a parent violates § 104-5, in connection with a second or subsequent violation by said minor, this shall be treated as a violation of this article. Each violation of this article shall be punishable by a fine of not to exceed $250 or by imprisonment for not more than 15 days, or both.
