[HISTORY: Adopted by the Town Board of the Town of Catskill 8-3-1993
by L.L. No. 1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
This chapter shall be known and may be cited as the "Town of Catskill
Local Law Providing for a Halloween Curfew."
The Town of Catskill, Greene County, New York, has determined that a
curfew is necessary during the Halloween weekend to further the public health,
safety and general welfare of the inhabitants of the Town of Catskill and
to specifically further the following interests:
For the purpose of this chapter, the following terms, phrases and words
shall have the meanings given herein:
The curfew to be in effect the one day preceding Halloween, Halloween
Day and the one day after Halloween Day.
Any person under the age of 19 years of age.
Any street, alley, highway or other public thoroughfare, sidewalk,
park, playground or place to which the general public has access and a right
to resort for business, entertainment or other lawful purpose in the town.
A public place shall include but not be limited to any store, shop, restaurant,
taverns, park, poolroom 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.
[Amended 5-4-1999 by L.L.
No. 1-1999; 8-7-2001 by L.L.
No. 6-2001]
[Amended 5-4-1999 by L.L.
No. 1-1999; 8-7-2001 by L.L.
No. 6-2001]
A.
It shall be unlawful for any minor to loiter, be idle,
wander, play or otherwise remain in or upon any public place, including but
not limited to public streets, parks, playgrounds, buildings, vacant lots
or any other place open to the public in the Town of Catskill, Greene County,
New York, Between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
B.
Halloween curfew established. On Halloween the curfew
hours will be between 9:00 p.m. and 6:00 a.m. of the following day, Eastern
Standard Time.
[Amended 5-4-1999 by L.L.
No. 1-1999; 8-7-2001 by L.L.
No. 6-2001]
The aforesaid curfew shall apply at all times except under the following
circumstances:
A.
When accompanied by a parent or guardian;
B.
When the minor is on a specific business or activity
directed or permitted by his parent or guardian, in writing, identifying the
minor, the specific business or activity, the location or locations of such
business or activity and the time when such business or activity shall end,
and signed by such parent or guardian; or
C.
When the presence of such minor is required in connection
with some legitimate employment, trade, profession or occupation.
[Amended 8-7-2001 by L.L.
No. 6-2001]
A.
Any police or peace officer, upon finding a minor under the age of 17 in violation of § 95-4 of this chapter, shall ascertain the name and address of the minor and warn the minor that he or she 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 or peace officer shall report such action to the parents or guardian of the minor.
B.
Any minor under the age of 17 who shall violate any of
the provisions of this chapter more than once shall be reported by the police
or peace officer or his or her designee to the juvenile authorities as a person
in need of supervision, and the police or peace officer or his or her designee
may proceed to file or aid in the filing of such conduct to the attention
of the appropriate authorities.
C.
A minor under the age of 17 in violation of § 95-4 of this chapter, may be issued an appearance ticket for Local Justice Court, petitioned into Family Court or arrested.
D.
Nothing set forth herein shall be deemed in any way to
supersede, diminish or otherwise affect the enforceability of any other applicable
law, rule or regulation, including but not limited to the Penal Law of the
State of New York.
[Amended 8-7-2001 by L.L.
No. 6-2001]
Any person violating this chapter shall be fined not more than $250
and/or sentenced to not more than 15 days in jail and/or 20 hours of public
service for each offense.
