For the purposes of this chapter, the following terms, phrases, words
and their derivatives shall have the meaning given herein:
CURFEW HOURS
A.
11:00 p.m. on any such Sunday, Monday, Tuesday, Wednesday or Thursday
night until 6:00 a.m. of the following day; and
B.
11:00 p.m. on any Friday or Saturday until 6:00 a.m. of the following
day.
ESTABLISHMENT
Any privately owned place of business or facility to which the public
is invited, including but not limited to any place of amusement or entertainment.
PUBLIC PLACE
Any place to which the public has access and includes, but is not
limited to, streets, highways and the common areas of schools, apartment houses,
condominiums, townhouses, office buildings, transport facilities and shops.
MINOR
Any person under the age of 16 years.
PARENT
Any person who is:
A.
A natural parent, adoptive parent or step parent of the minor; or
B.
At least 18 years of age and authorized by a parent or guardian to have
the care and custody of a minor.
REMAIN
To:
A.
Linger, stay, wander, idle, stroll; or
B.
Fail to leave any premises when requested to do so by a police officer,
owner or other person in control of the premises.
OPERATOR
Any individual, firm, association, partnership or corporation operating,
managing or conducting any establishment. The term includes the members or
partners of an association or partnership and the officers of a corporation.
[Amended 6-12-1997 by L.L.
No. 2-1997]
A. A minor commits an offense if he/she remains in any public
place or on the premises of any establishment within the Village of Morrisville
during curfew hours or refuses the lawful orders of a police officer during
such curfew hours.
B. A parent or guardian of such minor commits an offense
if he/she:
(1) Knowingly permits or has constructive knowledge of; or
(2) By insufficient control allows the minor to remain in
any public place or on the premises of any establishment within the boundaries
of the Village of Morrisville during curfew hours. Insufficient control shall
be presumptively established upon each repeat offense by the same minor.
C. The owner, operator or any employee of any establishment
commits an offense if he/she knowingly allows a minor to remain upon the premises
of an establishment during the curfew hours.
[Amended 6-12-1997 by L.L.
No. 2-1997]
A. This chapter shall be enforced by any police officer
who has jurisdiction within the Village of Morrisville.
B. Before taking any enforcement action under this section,
a police officer shall ask the apparent offender's age and reason for being
in the public place, or for allowing such minor to remain on the premises.
C. The police officer, upon finding such minor in apparent
violation of this chapter, shall direct such minor to proceed at once to his
or her home or usual place of abode.
D. Upon the refusal of the minor to so proceed, the police officer shall return said minor to the custody of his or her parent or guardian either by transporting the minor to his residence, or by requiring a parent or guardian to report to a location designated by the police officer to take custody of said minor. In either case, upon the minor's first offense, the parent or guardian will be given a warning and informed that subsequent offenses by the same minor will render the parent or guardian subject to prosecution under §
70-2 of this chapter.
E. The police officer shall not issue an appearance ticket
or make an arrest under this section unless the police officer reasonably
believes that a violation has occurred and that, based on any response and/or
other circumstances, no defense is present.
F. All appearance tickets issued hereunder shall be returnable
in the Village Court of the Village of Morrisville, except where jurisdiction
rests solely within the Family Court of the State of New York.