[HISTORY: Adopted by the Board of Trustees
of the Village of Naples 7-16-2008 by L.L.
No. 4-2008. Amendments noted where applicable.]
Effective immediately, there shall be in effect
in the Village of Naples a curfew for minors as set forth hereinafter.
For the purposes of this chapter, the following
terms, phrases, words and their derivatives shall have the meaning
given herein:
Eleven o'clock p.m. on any such Sunday, Monday, Tuesday,
Wednesday, Thursday, Friday or Saturday night until 6:00 a.m. of the
following day.
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.
Any person under the age of 17 years.
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.
Any person who is:
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.
A.
A minor violates this chapter if he/she remains in
any public place or on the premises of any establishment within the
Village of Naples during curfew hours or refuses the lawful orders
of a police officer during such curfew hours.
B.
A parent or guardian of such minor violates this chapter
if he/she knowingly permits or has constructive knowledge of or, by
insufficient control, allows the minor to remain in any public place
or on the premises of any establishment with the boundaries of the
Village of Naples during curfew hours.
C.
The owner, operator or any employee of any establishment
violates this chapter if he/she knowingly allows a minor to remain
upon the premises of an establishment during the curfew hours.
A.
It is a defense to prosecution that the minor:
(1)
Was accompanied by the minor's parent or guardian;
(2)
Was on an errand at the direction of the minor's parent
or guardian, without any detour or stop;
(3)
Was in a motor vehicle involved in interstate travel;
(4)
Was engaged in an employment activity or going to
or returning home from an employment activity, without any detour
or stop;
(5)
Was involved in an emergency;
(6)
Was on the sidewalk abutting the minor's residence
or abutting the residence of a next door neighbor if the neighbor
did not file a complaint with a law enforcement agency regarding the
minor's presence;
(7)
Was attending an official school, religious or other
recreational activity supervised by adults and sponsored by a municipality,
a civic organization or any similar entity that takes responsibility
for the minor or going to or returning home from, without any detour
or stop, an official school, religious or other recreational activity
supervised by adults and sponsored as so stated above; or
(8)
Has been emancipated from his or her parent under
New York State law.
B.
It is a defense to prosecution that the owner, operator
or employee of an establishment promptly notified a law enforcement
agency having jurisdiction in the Village of Naples that a minor was
present on the premises of the establishment during curfew hours and
refused to leave.
A.
This chapter shall be enforced by any police officer
who has jurisdiction within the Village of Naples.
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 and shall issue an appearance ticket to the parent or guardian for a violation of § 68-3 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 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 Justice Court of the Town of Naples, except where jurisdiction
rests solely within the Family Court of the State of New York.
