[HISTORY: Adopted by the Town Board of the Town of Van Buren 10-28-1996 by L.L. No. 7-1996. Amendments noted where applicable.]
Effective immediately, there shall be in effect in the Town of Van Buren a curfew for minors as set forth hereinafter.
For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein:
- CURFEW HOURS
- Eleven o'clock p.m. on any such Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday night until 6:00 a.m. of the following day.
- Any privately owned place of business or facility to which the public is invited, including, but not limited to, any place of amusement or entertainment.
- Any person under the age of 17 years.
- Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
- Any person who is:
- PUBLIC PLACE
- Any place to which the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, apartment houses, condominiums, townhouses, office buildings, transport facilities and shops.
A minor violates this chapter if he/she remains in any public place or on the premises of any establishment within the Town of Van Buren during curfew hours or refuses the lawful orders of a police officer during such curfew hours.
A parent or guardian of such minor violates this chapter if he/she knowingly permits or has constructive knowledge of, or, by insufficient control, allows the minor to remain in any public place or on the premises of any establishment with the boundaries of the Town of Van Buren during curfew hours.
The owner, operator or any employee of any establishment violates this chapter if he/she knowingly allows a minor to remain upon the premises of an establishment during the curfew hours.
It is a defense to prosecution that the minor was:
Accompanied by the minor's parent or guardian;
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
In a motor vehicle involved in interstate travel;
Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
Involved in an emergency;
On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not file a complaint with a law enforcement agency regarding the minor's presence;
Attending an official school, religious or other recreational activity supervised by adults and sponsored by a municipality, a civic organization or any similar entity that takes responsibility for the minor or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored as so stated above; or
Has been emancipated from his or her parent under New York State law.
It is a defense to prosecution that the owner, operator or employee of an establishment promptly notified a law enforcement agency having jurisdiction in the Town of Van Buren that a minor was present on the premises of the establishment during curfew hours and refused to leave.
This chapter shall be enforced by any police officer who has jurisdiction within the Town of Van Buren.
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place, or for allowing such minor to remain on the premises.
The police officer, upon finding such minor in apparent violation of this chapter, shall direct such minor to proceed at once to his or her home or usual place of abode.
Upon the refusal of the minor to so proceed, the police officer shall return said minor to the custody of his or her parent or guardian either by transporting the minor to his residence, or by requiring a parent or guardian to report to a location designated by the police officer to take custody of said minor, and issue an appearance ticket to the parent or guardian for a violation of § 105-3 of this chapter.
The police officer shall not issue an appearance ticket or make an arrest under this section unless the police officer reasonably believes that violation has occurred and that, based on any response and/or other circumstances, no defense is present.
All appearance tickets issued hereunder shall be returnable in the Town Court of the Town of Van Buren, except where jurisdiction rests solely within the Family Court of the State of New York. Where applicable, cases involving minors may be heard in the Youth Court of the Town of Van Buren.