[HISTORY: Adopted by the Board of Trustees of the Village of Valatie 12-9-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
The Village Board of the Village of Valatie, pursuant to the authority granted to it under Article 4 of the Village Law and § 10 of the Municipal Home Rule Law of the State of New York hereby enacts as follows.
The Village Board of the Village of Valatie has determined that large numbers of minors have been congregating in the Village after dark causing general disturbances to residents. In order to reduce juvenile crime, protect the children of this municipality and reinforce parental authority, it is necessary that a curfew be established to keep minors out of public areas after dark.
It shall be unlawful for any child 16 years of age or under to remain in or upon any public street, highway, park, vacant lot or other public place between the hours of 11:00 p.m. to 5:00 a.m. on Sunday through Thursday, inclusive and between the hours of midnight to 5:00 a.m. on Friday and Saturday.
The following shall constitute valid exceptions to the operation of the curfew:
A. 
At any time, if the child is accompanied by his or her parent, legal guardian or other responsible person who is over the age of 21 and approved by the child's parent or legal guardian.
B. 
If the child is on an errand as directed by his parent or legal guardian.
C. 
If the child is legally employed, for the period of 1/2 hour before work to 1/2 hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the child is in a public place during the curfew hours in the course of his or her employment. To come under this exception, the child must be carrying a written statement from the employer attesting to the place and hours of employment.
D. 
Until the hour of 11:30 p.m. on Sunday through Thursday and until the hour of 12:30 a.m. on Friday and Saturday, if the child is on the property of or the sidewalk directly adjacent to the building in which he or she resides or the buildings immediately adjacent thereto if the owner of the adjacent building does not object.
E. 
If the child is coming directly home from a school activity or activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event, but in no case beyond the hour of 12:30 a.m. on Sunday through Thursday and until the hour of 1:30 a.m. on Friday and Saturday. If the event is not commercial in nature or does not have a fixed, publicly known time at which it will end, the sponsoring organization must register the event with the Village Clerk at least 24 hours in advance, informing the Clerk of the time such event is scheduled to begin, the place at which it shall be held, the time at which it shall end, and the name of the sponsoring organization.
F. 
If the minor is exercising First Amendment rights protected by the Constitution, such as the free exercise of religion, speech or assembly, provided the minor first has given notice to the Mayor by delivering a written communication signed by the minor and countersigned by a parent of the minor which specifies when, where, in what manner, and for what First Amendment purpose the minor will be on the streets at night during the curfew period.
A. 
A police officer who has probable cause to believe that a child is in violation of this chapter shall first take such child to the residence of that child's parent or guardian. If there is no parent or guardian, the police officer shall take the child to the appropriate facility and the child's parents or guardian shall be immediately contacted. If after this contact there is still probable cause to believe that the child was violating this chapter, the child shall be held until the parent or guardian comes to take the child home. When the parent or guardian arrives, he or she must be given a copy of this chapter. If no parent or guardian has arrived within two hours, the child shall be turned over to the custody of the juvenile authorities until a parent or guardian can take custody of him or her.
B. 
In the case of a first violation by a minor, the police shall issue an appearance ticket. Upon a second violation, a fine of at least $100 will be imposed. Any minor who violates this chapter more than three times shall be reported by the police to the juvenile authorities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the event that any word, phrase or part of this chapter shall be declared unconstitutional, the same shall be severed and separated from the remainder of this chapter and shall not affect the remainder of said chapter which shall remain in full force and effect.