[HISTORY: Adopted by the Town Board of the Town of Chenango 10-8-2003
by L.L. No. 3-2003. Amendments noted where applicable.]
A.
It is the purpose of this chapter to promote the health,
safety and general welfare of the residents of the Town of Chenango and to
maintain rule and order by prescribing, in accordance with the prevailing
community standards, regulations concerning the presence of minors on streets,
roads, highways, public parks, and other public areas of the Town at night
to reduce juvenile crime and vandalism to protect the children and minors
of the Town of Chenango and further family responsibility.
B.
Parental responsibility for the location and activity
of children is the accepted norm in this community. Legal sanctions to enforce
such responsibility have had a demonstrable effect in many communities over
the years. As parental control increases, there is a likelihood that juvenile
delinquency will decrease. The Town Board of the Town of Chenango finds that
a curfew for minors will meet a very local need and will reinforce the primary
authority and responsibility of parents and guardians over minors.
C.
It is not the intent of this chapter to supplant parental
supervision and control. The Board recognizes the right of parents to direct
their children's upbringing and family autonomy against unreasonable interference.
The Board also recognizes that under certain circumstances, the harm to the
physical or mental heath of a child or to the safety, health and welfare of
the public may as a whole outweigh the qualified right of parental autonomy.
D.
It is also not the intent of this chapter to deprive
minors of their ability to exercise valid rights secured under the Constitution
of the United States or under the State of New York that are enjoyed by all
citizens of the community. The function of this chapter is to protect juveniles
and to balance the right of all citizens of the Town of Chenango, so that
the public as a whole may enjoy the rights and privileges guaranteed by the
constitutions and the laws of this country and of this state.
As used in this chapter, the following terms, phrases, words and their
derivations shall have the meanings provided herein:
Any person under the age of 18 years or, in equivalent phrasing,
any person 17 years of age or less.
Any person having legal custody of a minor as a natural or adoptive
parent, as a legal guardian, as a person who stands in loco parentis or as
a person to whom legal custody has been given by court order.
Any place to which the public has access, including but not limited
to a public street, road, thoroughfare, sidewalk, bridge, alley, place, park,
library premises, school, recreation or shopping area, public transportation
facility, vehicles used for a public transportation, parking lot or any other
public building structure or area.
To stay behind, to tarry or to stay on or upon the public place.
A way or place, of whatever nature, open to the use of the public
as a matter of right for purposes of vehicular or pedestrian travel. These
terms include, but are not limited to, the legal right-of-way, traffic lanes,
curbs, sidewalks and any grass plots or other ground found within the legal
right-of-way of a street, road or highway. These terms apply irrespective
of what they are called or formally named, whether an alley, avenue, court,
drive, boulevard or otherwise.
The prevailing standard of time that is generally observed by the
public as constituting night.
It shall be unlawful and a violation of this chapter for any person
under the age of 18 years to be or loiter or remain in or upon the streets,
roads, highways, public parks or other public areas within the Town of Chenango
at night during the calendar date of Halloween in any given year and for one
day preceding this date and for one day following this date, during the period
of 8:00 p.m. to 6:00 a.m.
A minor on or upon a Town street, road, highway, public park or other
public area during the nighttime hours for which this chapter applies shall
not be considered in violation of this chapter under the following circumstances:
A.
When the minor is also accompanied by a parent of such
minor;
B.
When the minor is also accompanied by an adult authorized
by a parent of such minor to take said parent's place in accompanying the
minor for a designated period of time and purposes within a specific area;
C.
When the minor is exercising First Amendment rights protected
under the Constitution of the United States, such as the free exercise of
religion, speech and exhibiting to enforcement personnel a written statement,
signed by the minor and by a parent of such minor, specifying when, where
and in what manner the minor will be on public areas at night during hours
when this chapter is otherwise applicable, and specifying the home address
and telephone number of said minor;
D.
In the case of unreasonable necessity for the minor to
be or remain on public areas, provided that such minor can evidence and establish,
by exhibiting to enforcement personnel a written statement signed by the minor
and by a parent of such minor, the reasonable necessity relating to specific
public areas at a designated time for a described purpose, including points
of origin and destination, specifying when, where and in what manner the minor
will be on public areas at night during hours when this chapter is otherwise
applicable, and specifying the home address and telephone number of said minor;
E.
When the minor is on the sidewalk or property immediately
in front of the place where such minor resides;
F.
When the minor is engaged in or traveling directly to
or from a place of employment;
G.
When the minor is engaged in an errand involving a certified
medical emergency;
H.
When the minor is, with parent consent, in a motor vehicle
and is engaged in normal travel to and from a set destination. It is the intention
of this provision to clearly exempt bona fide interstate movements along major
routes through the Town of Chenango and interstate travel beginning or ending
in the Town of Chenango.
I.
When the minor is returning home from and within one
hour after the termination of a Town- or school-sponsored activity or an activity
of a religious or other voluntary association, provided that such minor can
evidence the written permission of a parent, signed by the minor and a parent
of said minor, and including the home address and telephone number of the
minor and the place and probable time of termination of the activity.
This chapter shall be administered and enforced, severely, separately
and jointly, by the Town of Chenango Code Enforcement Officer, Broome County
Sheriff's Department and the New York State Police. Violation of any provision
of this chapter shall be cause for an appearance ticket to be issued. This
chapter is complaint-driven and as such requires that a violation thereunder
be complained of to either the Town of Chenango Code Enforcement Officer,
Broome County Sheriff's Department or the New York State Police before enforcement
hereunder may occur. The complaint must describe the violation, and the complaint
must describe the enforcement authority with the address of the aggrieved
property or person.
It shall be unlawful and a violation of this chapter for a parent knowingly
to permit or by inefficient control to allow a minor to be or loiter or remain
in, on or upon a public place in the Village during curfew hours under circumstances
not constituting an exception to or an exemption from or otherwise beyond
the scope of this chapter.
A.
Any minor under the age of 16 years of age violating the provisions of this chapter shall be dealt with in accordance with the procedures contained in § 29-5 herein and on each violation shall be treated as a first violator.
B.
Any minor between the ages of 16 and 18 years of age
convicted for violating any provision of this chapter shall be guilty of a
violation punishable by a fine of not more than $50 for the first conviction,
$100 for the second conviction, $250 thereafter or by a term of imprisonment
not to exceed 15 days, or be required to perform community service,
or any combination thereof.
C.
Any parent convicted for violating any provision of this
chapter shall be guilty of a violation punishable by a fine or not more than
$50 for the first conviction, $100 for the second conviction and $250 thereafter
or by a term of imprisonment not to exceed 15 days, or be required to perform
community service, or any combination thereof.
