[Added 10-20-2003 by L.L. No. 5-2003]
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory.
EMERGENCY ERRAND
A trip taken to perform a specific task to help to bring aid or comfort or to resolve an unexpected or sudden occurrence which immediately threatens private or public health or safety.
GUARDIAN
Any person, other than a parent, who has legal guardianship of a minor.
MINOR
Any person under the age of 18.
[Amended 8-13-2012 by L.L. No. 3-2012]
PARENT
The natural or adoptive parent of a minor.
PERSON
Any individual, firm or corporation.
PUBLIC PLACE
Any public or private street, alley, highway or other public thoroughfare, sidewalk, park, woods, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose in the village.
VILLAGE
The Incorporated Village of Sea Cliff.
During the period from 8:00 p.m. on October 31 through 6:00 a.m. on November 1 of each year, it shall be unlawful for any minor to be in any public place or on any private property, within the Village of Sea Cliff, other than such minor's home or usual place of abode, without the permission of the owner, either on foot, on a bicycle, skateboard, moped, or other similar form of locomotion, or in a vehicle, except:
A. 
When accompanied by a parent, guardian, or any other adult person over the age of 22 years;
B. 
When the minor is on an emergency errand;
C. 
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 begin and when it shall end, and signed by such parent or guardian;
D. 
When the presence of such minor is required in connection with some legitimate employment, trade, profession or occupation; or
E. 
When the minor is in a motor vehicle with the written and signed consent of his parent or guardian for travel through or within the village.
A. 
Any police officer or peace officer, upon finding a minor under the age of 16 in violation of § 90-22 of this article, shall ascertain the name and address of the minor and warn the minor that he is in violation of the curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer or peace officer shall thereafter report such action to the parents or guardian of the minor.
B. 
A minor who is at least 16 years of age but less than 19 years of age, who is in violation of § 90-22 of this article, will be issued an appearance ticket.
In the prosecution of any violation of this article, it shall be an affirmative defense that the defendant was not a minor, had the permission of the owner to be in such public place or on such private property; was accompanied by a parent, guardian, or any other adult person over the age of 22 years; was on an emergency errand; was on a specific business or activity directed by his parent or guardian, in writing, in accordance with § 90-22C of this article; was required to be in such public place in connection with some legitimate employment, trade, profession or occupation; or was in a motor vehicle with the written and signed consent of his parent or guardian for travel through or within the village.