[HISTORY: Adopted by the Town Board of the
Town of Blooming Grove 10-26-1992 by L.L. No. 5-1992. Amendments noted where
applicable.]
Each year during Halloween, the Town is besieged
by youths who rampage through sections of the Town creating problems
for residents and the Blooming Grove Police Department. The Police
Department has determined that many of the youths were nonresidents
who refused to leave the Town. Threats of extraordinary violence and
destruction beyond the scope of ordinary Halloween merriment and pranksterism
have been received by Town officials, police officers and other citizens.
The complaints received by the Police Department emphasize that people'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.
As used in this chapter, the following terms
shall have the meanings indicated:
[Amended 10-25-2004 by L.L. No.
5-2004]
The continuous period commencing October 29
at 6:00 p.m. and ending October 30 at 8:00 a.m., if so determined
on an annual basis by resolution of the Town Board.
[Amended 10-26-2009 by L.L. No. 4-2009]
The continuous period commencing October 30
at 6:00 p.m. and ending October 31 at 6:00 a.m.
[Amended 10-26-2009 by L.L. No. 4-2009]
The continuous period commencing October 31
at 6:00 p.m. and ending November 1 at 6:00 a.m.
[Amended 10-26-2009 by L.L. No. 4-2009]
The continuous period commencing November 1
at 6:00 p.m. and ending November 2 at 6:00 a.m, if so determined on
an annual basis by resolution of the Town Board.
[Amended 10-26-2009 by L.L. No. 4-2009]
The continuous period commencing November 2
at 6:00 p.m. and ending November 3 at 6:00 a.m., if so determined
on an annual basis by resolution of the Town Board.
[Amended 10-26-2009 by L.L. No. 4-2009]
Any other hours or days during the Halloween
period as determined by resolution of the Town Board.
Any person over the age of 21 who is in loco parentis to a minor.
Any person other than a parent who has legal guardianship
of a minor.
Any person under the age of 18 years.
The natural or adoptive parent of a minor.
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, private property open to the
general public for entertainment, commerce or amusement.
During curfew hours, it shall be unlawful for
any minor to be, remain, idle, wander, stroll or play in any public
place, either on foot or in any vehicle, in, about or upon any public
place in the Town unless accompanied by a parent, guardian, custodian
or other adult spouse or person having custody or control of such
minor or unless, as a result of reasonable necessity communicated
to the police by the adult, 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 employment, trade, profession or occupation.
The restrictions upon minors set forth in § 104-3 shall not apply to minors who are:
A.
Attending a 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 chapter,
provided that the church, school, club or other similar organization
shall register in advance with the Police Department to permit the
attendance of minors past the curfew hours. The registrant shall state
the time when the function or entertainment shall end. 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.
B.
Traveling directly to or from school, a religious, governmental or judicial activity or a special function described in Subsection A.
C.
Exercising First Amendment rights for political, religious
or communicative purposes, provided that a written notice, signed
by the minor and, where practicable, a parent, custodian, guardian
or adult spouse, specifying when, where and in what manner the minor
will be exercising those rights has been delivered to the Police Department
at least two hours prior to the curfew hours.
D.
In bona fide interstate movement through the Town
or interstate travel beginning or ending in the Town, particularly
on normal routes such as Route Nos. 208, 94, 17 and 17M.
E.
Accompanied by a parent or custodian over the age
of 21 whom the parent had placed in their custody.
[Added 1-25-1999 by L.L.
No. 1-1999]
F.
On an errand for a parent or custodian.
[Added 1-25-1999 by L.L.
No. 1-1999]
G.
Involved in an emergency.
[Added 1-25-1999 by L.L.
No. 1-1999]
H.
On the sidewalk abutting their house or the next-door
neighbor's house.
[Added 1-25-1999 by L.L.
No. 1-1999]
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 in such place of minors under the age
of 18 during the curfew hours.
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, with actual or constructive knowledge,
to allow such minor to be on or in any public property or public place
within the Town during the curfew hours. 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, as a result of reasonable necessity, communicated
to the police by the adult, 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.
A.
Any police officer upon finding a minor in violation
of this chapter shall ascertain the name and address of the minor
and warn the minor that he is in violation of curfew and shall direct
the minor to proceed at once to his or her home or usual place of
abode. The police officer shall report such action to the parents,
guardian or person having custody or control of the minor.
B.
If such minor refuses to heed the warning or direction
given by any police officer or refuses to give the police officer
his correct name and address or if the minor has been warned on a
previous occasion that he or she was in violation of curfew, such
minor, if age 16 years or older, may be arrested or issued an appearance
ticket. Any minor who is arrested or issued an appearance ticket may
be detained by the Police Department for a reasonable period of time
during which an attempt shall be made to notify the minor's parent
or guardian. The parent, guardian or other adult having the care and
custody of such minor shall be notified and required to appear with
such minor at the date and time determined for the minor's appearance
before the court.
[Amended 10-26-2009 by L.L. No. 4-2009]
[Amended 10-26-2009 by L.L. No. 4-2009]
A.
Any person,
age 16 years or older, who is convicted of or pleads guilty to violating
any provision of this chapter shall be guilty of a violation and subject
to the penalties set forth below:
B.
Community
service may be imposed by the court in addition to the above minimum
fine. When a minor is required to perform community service, the parent
or guardian shall be required to transport the minor to the place(s)
specified by the court.
