[HISTORY: Adopted by the Board of Trustees of the Village of Oxford at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Ordinance Regulating the Presence and Conduct of Minors on Streets and Public Places."
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 the plural number. The word "shall" is always mandatory and not merely directory.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- Any person over the age of twenty-one (21) who is in loco parentis to a juvenile.
- Any person other than a parent, who has legal guardianship of a minor.
- Any person under the age of seventeen (17).
- The natural or adoptive parent of a minor.
- PUBLIC PLACE
- Any street, alley, highway, sidewalk, park, 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.
- The Village of Oxford.
It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the village between the hours of 11:00 p.m. and 6:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight and 6:00 a.m., Friday through Saturday, unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of seventeen (17) between the hours of 11:00 p.m. and 6:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight, and 6:00 a.m., Friday through Saturday.
It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of seventeen (17) 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 11:00 p.m. and 6:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight and 6:00 a m., Friday through Saturday. However, the provisions of this section do not apply to a minor accompanied by his 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 his 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 to the Police Department.
Any minor attending a special function or entertainment of any church, school, club or other organization that requires such minor to be out at a later hour than that called for in § 125-3 shall be exempt from the provisions of § 125-3 of this chapter, provided that the church, school, club or other organization shall register in advance with the Village Police to have the minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within one-half (1/2) hour after the function is ended.
Any police official upon finding a minor in violation of § 125-3 shall ascertain the name and address of such 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 officer shall report such action to the parents, guardian or person having custody or control of such minor.
If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address or if the minor had been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. 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 Chenango County Department of Social Services.
Any parent, guardian or other adult person having the care and custody of a minor violating this chapter shall, after having been previously notified under § 125-7 of this chapter, be fined not more than two hundred fifty dollars ($250.) or be imprisoned for not more than fifteen (15) days, or both, for each offense.