[HISTORY: Adopted by the Board of Trustees of the Village of Cayuga Heights as Art. XIV of the 2004 Code. Amendments noted where applicable.]
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.