[HISTORY: Adopted by the City Council of the City of Ogdensburg 9-26-1994 by Ord. No. 7-1994. Amendments noted where applicable.]
The City Council, pursuant to the authority granted it under
§ 20 of the General City Law and § 10 of the Municipal
Home Rule Law of the State of New York, hereby enacts this chapter.
The City Council has determined that minors have been congregating,
causing general disturbances and committing acts which would be violations
of the law. In order to reduce juvenile crime, protect the children
of this municipality and reinforce parental and guardian authority
as well as ensure parental and guardian responsibility, it is necessary
to establish responsibility for the acts of minors and their parents
or legal guardians.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and
words in the masculine include the feminine.
The City of Ogdensburg.
Actual or constructive knowledge and consent, and includes
knowledge which a parent should be reasonably expected to have concerning
the whereabouts and activities of a minor in the custody of that parent
or guardian. Failure of a parent or legal guardian to exercise reasonable
diligence in the care and control of said minor shall constitute constructive
knowledge of the parent or legal guardian of the acts of a minor child.
Anyone under the age of 16, whose care and custody repose
in a parent or legal guardian.
Any privately owned property or business, including any parking
lot, vacant lot, yard, building, place of amusement, eating establishment
and the like, where minors may be found without the consent or permission
of the owner or occupant of the property or when the property or business
is closed to the public
Any street, avenue, highway, road, sidewalk, curb, gutter,
parking lot, alley, vacant lot, park, playground, yard, building,
place of amusement or eating place.
[Amended 7-9-2001 by Ord.
No. 1-2001]
A.
It shall
be unlawful for any minor to commit an act which would constitute
trespass (as defined by Penal Law § 140.05), harassment
(as defined by Penal Law § 240.26), disorderly conduct (as
defined by Penal Law § 240.20), unlawfully dealing with
fireworks and dangerous fireworks (as defined by Penal Law § 270.00)
or a violation of the Ogdensburg Municipal Code.
B.
It shall
be unlawful for any parent or legal guardian of a minor to knowingly
consent or permit said minor to be in a public or private place within
the city so as to allow or permit or provide the minor with the opportunity
to commit any of the aforementioned acts. It shall be unlawful for
a parent or guardian to fail to exercise reasonable diligence in the
care and control of the activities of said minor.
A.
A police
officer who has probable cause to believe that a minor is in violation
of this chapter shall take such minor to the residence of his parent(s)
or guardian or, as may be necessary, to the police station, where
the minor's parent(s) or guardian shall be immediately contacted.
The minor shall be held until the parent or guardian comes to take
the minor home. On initial contact with the parent, he or she must
be given a copy of this chapter.
B.
In the case
of a first violation by a minor or a parent or legal guardian, the
police shall send the minor's parents or legal guardians written
notice of the violation, warning them that further violations will
result in imposition of the penalty provided for in the law. Upon
a second violation within a twelve-month period, a fine of $50 will
be imposed. Upon a third violation within a twelve-month period, a
fine of $100 will be imposed. Upon a fourth violation, plus any subsequent
violation, within a twelve-month period, a fine of $200 shall be imposed.
C.
On a violation
of this chapter, the parent(s) or legal guardian shall be issued a
summons requiring that the parent(s) or legal guardian and child shall
appear in the City Court of the City of Ogdensburg.
