[Adopted 9-28-1977 by L.L. No. 7-1977 (Ch.
70 of the 1974 Code)]
The Town Board has become aware of the increased
incidents of acts of vandalism, criminal mischief and similar offenses
perpetrated by minors. It is believed that increased parental responsibility
for the actions of their children and wards is essential for the effective
prevention and control of such juvenile offenses. Therefore, this
article is promulgated to provide means for alleviating this problem
and to ensure the safety of the property of the residents and taxpayers
of the Town of Clarkstown.
As used in this article, unless the context
otherwise requires, the terms specified shall have the meanings ascribed
to them:
LEGAL GUARDIAN
A person appointed guardian or given custody of a minor by
a court of this state.
MINOR
A person who has not attained the age of 18 years.
[Amended 8-20-2013 by L.L. No. 6-2013]
PUBLIC PLACE
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot or any
other public building, structure or area.
[Added 8-20-2013 by L.L. No. 6-2013]
[Adopted 4-3-1974 by L.L. No. 2-1974 as
part of Ch. 74 of the 1974 Code]
[Amended 9-11-1991 by L.L. No. 6-1991; 8-20-2013 by L.L. No. 6-2013]
It shall be illegal for any minor under 16 years
of age to be or remain on or upon the streets or in any public place
within the Town of Clarkstown between the hours of 11:00 p.m. on Friday
and Saturday nights and extending until 5:00 a.m. on the following
day and beginning at 10:00 p.m. on all other nights and extending
until 5:00 a.m. the following day, except that said curfew shall be
extended during the months of June, July and August to include weekday
nights between 11:00 p.m. and extending until 5:00 a.m. on the following
day, unless accompanied by a parent or legal guardian or adult authorized
by a parent of such minor to take said parent's place in accompanying
said minor for a designated period of time and purpose within a specified
area. This article shall not apply if such minor is on an errand or
duty directed by the parent, guardian or other person having the care
of such minor; or if the minor's lawful employment makes it necessary
for such minor to be on the streets; or if the minor is traveling
directly to or from any adult-sponsored activities sponsored by any
school, church or other religious institution or civic or nonprofit
organization; or when engaged in an errand involving a medical emergency;
or when the minor is on the sidewalk or property where the minor resides.
[Amended 4-28-1976 by L.L. No. 3-1976; 8-7-1984 by L.L. No. 2-1984; 9-11-1991 by L.L. No. 6-1991]
Any person committing an offense against any provision of this article shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Any minor violating the provisions of §
198-5 shall be dealt with in accordance with Family Court law and procedure
[Added 8-20-2013 by L.L. No. 6-2013]
This chapter shall be liberally construed to protect the rights
of minors.