Each year on Halloween, October 31, the town is besieged by youths who
rampage through sections of the town creating problems for residents and the
Woodbury Police Department. In 1991 the complaints received from Woodbury
residents were the greatest in many years. To complicate the situation, the
Police Department has determined that many of the youths were nonresidents
who refused to leave the town due to the fact that there was no law requiring
them to be off the streets Halloween night. The complaints received by the
Police Department emphasize that the townspeople's safety and welfare
were in jeopardy. The Town Board and the Police Department believe that the
only way to control the situation is to impose a curfew which will protect
people's property and well-being.
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings given herein:
CUSTODIAN
Any person over the age of 21 who is in loco parentis to a minor.
GUARDIAN
Any person, other than a parent, who has legal guardianship of a
minor.
MINOR
Any person under the age of 18.
PARENT
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, drug
store, pool room, 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.
TOWN
The Town of Woodbury.
During the period of October 30 and October 31, or any other period
the Town Board deems necessary, 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 town between the hours of 8:00 p.m. and 6:00 a.m. of the following
morning 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 custody and care of
the minor or where the presence of such minor is connected with or required
by some legitimate employment, trade, profession or occupation.
Any minor attending a special function or entertainment of any church,
school, club or other similar organization that requires such minor to be
out at a later hour than that called for within this Article shall be exempt
from the provisions of this article, provided that the church, school, club
or other similar organization shall register in advance with the Town Police
Department to have the minors involved stay out to this later hour. The registrant
shall state the time, when 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 1/2 hour after the function is ended.
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 18 on Halloween between the hours of 8:00 p.m.
and 6:00 a.m. the following morning.
It shall be unlawful for the parent, guardian or other adult person
having custody or control of any minor under the age of 18 to permit or, by
inefficient control, to allow such minor to be on the streets or sidewalks
or on or in any public property or public place within the town on Halloween
between the hours of 8:00 p.m. and 6:00 a.m. the following morning. 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 specified
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,
custodian or other adult person herein has made a missing person notification
to the Town Police Department.
Any minor who violates any section of this article shall, upon conviction,
be subject to an assignment by the Court of community service, the hours of
which shall be determined by the Court. It shall also be necessary for the
parent to appear with the minor before the Justice Court at the time the appearance
ticket is returnable, and the parent shall be required, where community service
has been directed, to transport the minor to a place on the date and time
determined by the Court for such community service to be fulfilled.