No parent or guardian of any person under the age of 17 shall permit
such person under the age of 17, except if accompanied by a parent or adult
given rights of supervision from parent or legal guardian, to go or be in
or upon any street, sidewalk, alley or other public place within the limits
of the Village of Elmira Heights between the hours of 11:00 p.m. and 5:00
a.m.
No person under the age of 17 years shall be or remain in or upon any
street, alley or public place or private property without the permission of
the owner within the limits of the Village of Elmira Heights between the hours
of 11:00 p.m. and 5:00 a.m., unless such person is accompanied by a parent,
guardian or other person having legal care or custody of such person under
the age of 17.
Person under the age of 17 years shall not be considered in violation
of this chapter under the following circumstances:
A. When accompanied by a legal guardian or parent.
B. In case of an emergency involving a threat to life or
property.
C. When returning home by direct route from and within one-half
(1/2) hour after the termination of a school sponsored activity or an activity
of religious or other civic association.
D. When returning home by a direct route and within one-half
(1/2) hour after the termination of the juvenile's lawful and gainful
employment.
E. When such juvenile is on the sidewalk or area immediately
in front of the place where such child resides.
Any person found in violation of §§
128-1 or
128-2 herein shall be subject to the penalties found in §
128-5. Upon such violation, a person under the age of 17 shall be taken to the village police station and the parent or legal guardian of the minor shall be notified and directed to come to the police station and take charge of said person under the age of 17. Both the person under the age of 17 and the legal guardian shall then be issued an appearance ticket and charged with a violation of this section.
Any person violating this chapter shall be fined not more than $250
and/or sentenced to not more than 15 days in jail for each offense and/or
be sentenced to not more than 100 hours of community service.