[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bellerose 11-27-1978 by L.L. No. 11-1978.[1] Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Bellerose finds
that there have been many complaints by residents of the village with reference
to acts of disorderly conduct on the part of minors which, in significant
part, are occasioned by a failure of the parent or parents of the minor. The
Board of Trustees desires, by this chapter, to provide a means to alert parents
to their responsibilities to both the minor and society in general, and it
is the intent of the Board of Trustees, in the adoption of this chapter, to
accomplish effective parental control and supervision of minors.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person under the age of 18 years.
Includes either or both parents of a minor, the legal guardian or
guardians of such minor or any other person or persons having the care or
custody of a minor committing a violation of the public peace. However, the
term "parent" shall not apply to parents, legal guardians or other persons
whose custody and control over such minor has been removed by court order,
decree, judgment, military service or marriage of such minor.
Includes any of the acts prohibited by Chapter 157 of the Code of the Incorporated Village of Bellerose and shall also include the following acts: defacing, damaging or destroying public property or the private property of another within the Incorporated Village of Bellerose; committing an assault or assault and battery upon another within the Incorporated Village of Bellerose; breaking and entering or entering without breaking into the property of another without the permission of the owner or person in control of that property; threatening another with the intention of extorting money or anything of value; possession of fireworks or any explosive devices prohibited by general law; possession of a concealed weapon; or violation of any of the provisions of any chapter of the Code of the Incorporated Village of Bellerose.
It shall be unlawful for any parent to assist, aid, abet, allow, permit,
suffer or encourage a minor to commit a violation of the public peace, as
defined by this chapter, either by overt act, by failure to act or by lack
of supervision or control of such minor.
Where a minor is apprehended for a violation of the public peace within
the Incorporated Village of Bellerose and whether or not he is charged and
brought before a competent court in connection with such apprehension, the
apprehending authority or observing authority shall notify the Village Clerk,
who shall forthwith serve written notice of the act on the parent of such
minor. If at any time within one year of the giving of such notice such minor
shall be apprehended and charged with a violation of the public peace, there
shall arise a presumption that the parent of the minor allowed, permitted
and suffered said minor to commit a violation of the public peace.
Any parent who shall violate the terms of this chapter shall, upon conviction
thereof, be subject to punishment by a fine not to exceed $250 or by imprisonment
not to exceed 15 days, or by both such fine and imprisonment.
It shall be no defense to a prosecution of a parent under the provisions
of this chapter that the minor shall not have been convicted of the offense
underlying the alleged violation of the public peace. It shall be sufficient,
in the establishment of a violation of this chapter, for it to be shown that
the minor committed a breach of the public peace for which he is not subject
to punishment by reason of age or that the minor committed such breach of
the public peace but was not prosecuted therefor or punished therefor by reason
of an exercise of discretion on the part of the prosecuting authority.
The provisions of this chapter shall be cumulative, not exclusive, and
the state or any other person shall have the right to proceed to enforce any
other legally available remedies against a person found guilty under the provisions
of this chapter.
