[Adopted 7-24-1996 by L.L.
No. 2-1996 (Ch. 13 of the 1975 Code)]
Each year on Halloween and proximate dates, the Town of LaGrange is
besieged by youths who congregate and rampage through sections of the Town
creating problems for Town residents including acts of vandalism, nuisance,
mischief, intimidation, and disorderly conduct which cause, or threaten, personal
injury and property damage. During recent years, the number of complaints
received from Town residents regarding such conduct has increased. In addition,
the Town finds that many of such youths are nonresidents who are invited or
attracted to the Town and who refuse to disperse, due to the fact that there
was no law requiring them to be off the streets. The complaints received highlight
the fact that the safety and welfare of Town residents were in jeopardy on
these days. The Town Board believes that the only effective way to control
the situation is to impose a limited curfew which will protect public property
and the personal well-being of its residents. It is hoped that the curfew
will serve to discontinue this disturbing tendency of youths to congregate
for purposes of vandalism, nuisance, mischief, intimidation, and disorderly
conduct in the Town so that a curfew law will be unnecessary.
For the purposes 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 PARKS and PUBLIC AREAS
Include, but are not limited to, recreational and other places, whether
privately or publicly owned and open to the general public, including parking
lots, and those places visited by and accessible to the public.
STREET, ROAD and HIGHWAY
A way or place, of whatever nature, open to the use of the public
as a matter of right for purposes of vehicular travel or in the case of a
sidewalk thereof for pedestrian travel. Such terms include the legal right-of-way,
including but not limited to, traffic lanes, curbs, sidewalks whether paved
or unpaved, and any grass plots or other grounds found within the legal right-of-way
of a street, road or highway. Such terms apply irrespective to what they are
called or formally named, whether alley, avenue, court, drive, boulevard or
otherwise.
TOWN
The Town of LaGrange.
During the evening hours of October 30, October 31 and November 1, from
7:00 p.m. to 6:00 a.m., prevailing time, or any other period that the Town
Board deems necessary, it shall be unlawful for any minor to congregate, stroll,
wander, play or operate a motor vehicle in, about or upon any public park,
public area, street, road, or highway in the Town.
The following circumstances shall constitute valid exceptions to the operation of the curfew specified in §
96-3:
A. If a minor is accompanied by a parent, guardian, custodian,
or other adult person having custody or control of such minor;
B. If a minor is on an emergency errand;
C. If the presence of a minor is required in connection
with some legal employment; provided, however, the minor is carrying a written
statement from the employer briefly identifying the minor and attesting to
the place and hours of the minor's employment; and
D. If the minor is attending or participating in an adult-supervised
event or function sponsored by a church, school, civic, not-for-profit, recreational
or entertainment organization; provided, however, that the minor is carrying
a written statement from the sponsor of the event or function attesting to
the place and hours of such event or function and the attendance or participation
of such minor therein.
Subject to the exceptions set forth in this article, 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 congregate, stroll, wander, play or operate a motor vehicle
in, about or upon any public park, public area, street, road or highway in
the Town.
For each and every offense of the provisions of this article, the person
violating the same shall be guilty of a violation and shall be punished by
not more than a fine of $250 or by imprisonment of not more than 15 days,
or by both such fine and imprisonment.
If any clause, sentence, section, paragraph, subdivision or provision
of this article shall be adjudged by any court of competent jurisdiction to
be invalid, such adjudication shall apply only to the clause, sentence, section,
paragraph, subdivision or provision so adjudged and the remainder of this
article shall remain valid and effective.