[HISTORY: Adopted by the Village Board of the Village of Deposit 4-10-1977 by L.L. No. 5-1977 (Ch. 28 of the 1965 Code). Amendments noted where applicable.]
[Amended 3-9-2010 by L.L. No. 3-2010]
This chapter shall be known and may be cited as the "Local Law Regulating the Presence and Conduct of Minors on Streets and Public Places." The purpose of this chapter is to help reduce crimes by and against minors and victimization of youths during nighttime hours and to promote the general health, safety and welfare of the citizens of the Village of Deposit.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CUSTODIAN
Any person over the age of 21 who is in loco parentis to a juvenile.
GUARDIAN
Any person, other than a parent, who has legal guardianship of a minor.
MINOR
Any person under the age of 16.
[Amended 1-12-1999 by L.L. No. 1-1999]
PARENT
The natural or adoptive parent of a minor.
PUBLIC PLACE
Any street, alley, highway, sidewalk, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or open to the general public. It shall also include the front or immediate area of the above.
RESPONSIBLE ADULT
Any person 18 years of age or older specifically authorized by law or by a parent or guardian to have custody and control of a minor.
[Added 3-9-2010 by L.L. No. 3-2010]
VILLAGE
The Village of Deposit.
[Amended 7-9-1996 by L.L. No. 5-1996; 3-9-2010 by L.L. No. 3-2010; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any minor to be in or upon any public place within the Village between the hours of 10:00 p.m. and 6:00 a.m., unless accompanied by a parent, guardian, custodian or other responsible adult having custody or control of such minor.[1]
[1]
Editor's Note: Former § 69-4, Responsibility of owners of public places, as amended, was repealed 3-9-2010 by L.L. No. 3-2010.
[Added 3-9-2010 by L.L. No. 3-2010]
The curfew established in § 69-3 above shall not apply to the following situations:
A. 
The minor is accompanied by their parent, guardian, custodian, or other responsible adult;
B. 
The minor is on an errand or engaged in an activity with the consent of the minor's parent, guardian, custodian or other responsible adult;
C. 
The minor is engaged in a lawful employment activity or was going to or returning home from their place of employment;
D. 
The minor is involved in an emergency situation;
E. 
The minor is going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization;
F. 
The minor is in the public place for the specific purpose of exercising fundamental rights such as freedom of speech or religion or the right of assembly protected by the First Amendment of the United States Constitution or Article I of the Constitution of the State of New York;
G. 
The minor is on the sidewalk that abuts the minor's or the next-door neighbor's residence; or
H. 
The minor is engaged in interstate travel.
[Amended 1-12-1999 by L.L. No. 1-1999; 3-9-2010 by L.L. No. 3-2010; 11-12-2019 by L.L. No. 2-2020; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of 16 to suffer or permit or, by inefficient control, to allow such person to be on the streets or sidewalks or on or in any public property or public place within the Village between the hours of 10:00 p.m. and 6:00 a.m. However, the provisions of this section do not apply to a minor accompanied by their parent, guardian, custodian or other adult person having the care, custody or control of the minor or if the minor is on an emergency errand or specific business or activity directed by their parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or other adult person herein has made a missing person notification.
[Amended 3-9-2010 by L.L. No. 3-2010]
A. 
A minor found in violation of § 69-3 shall be asked for their name and address and shall be warned that the minor is in violation of curfew and shall be directed to proceed at once to their home or usual abode. The parents, guardian or person having custody or control of such minor shall be informed of such action.
[Amended 11-12-2019 by L.L. No. 2-2020]
B. 
A minor refusing to such warning or direction or refusing to give their name and address, or if the minor has been warned on previous occasion that the minor is in violation of curfew shall be taken into custody and the parent, guardian or other adult having care and custody of such minor shall be notified to come and take charge of the minor.
[Amended 11-12-2019 by L.L. No. 2-2020]
C. 
If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the Delaware County Department of Social Services or to the Broome County Department of Social Services.
[Amended 1-12-1999 by L.L. No. 1-1999; 3-9-2010 by L.L. No. 3-2010]
Any parent, guardian, custodian or other responsible adult having the care and custody of a minor violating this chapter shall, after having been previously notified under § 69-7 of this chapter, be fined not more than $250 for each offense.