No child under the age of 16 years shall loiter or congregate upon,
or in, or otherwise occupy any street, sidewalk, park, alley or other public
place in the City of Batavia, or any entrance to a public establishment, or
any stairway or hallway adjacent to such street, sidewalk, alley or other
public place between the hours of 10:00 p.m. and sunrise, and on Friday and
Saturday evenings between 11:00 p.m. and sunrise, unless such child shall
be accompanied by a parent or guardian, or by a person over 21 years of age
authorized by such parent or guardian to accompany such child.
No parent or guardian of any child shall permit such child, except as
accompanied as provided in this article, to loiter or congregate in the manner
prohibited in this article.
This article shall not be construed to prohibit a minor under the age
of 16 years from going directly to his or her home or place of residence from
any place of entertainment, church, school activity, place of employment or
any other social or group activity sponsored by a religious, charitable, educational,
eleemosynary or public institution or group. Additionally, the following shall
be exempt from the provisions of this article:
A.
Any minor who is married or who has been married.
B.
Any minor who is in a vehicle involved in interstate
travel.
C.
Any minor who is involved in an emergency.
D.
Any minor who is on a sidewalk abutting his or her residence
or at a next door neighbor.
E.
Any minor who is exercising his/her First Amendment rights
of free speech, religion or right of assembly.
Any child found in violation of this article may be taken into custody
by any peace officer who upon doing so shall take such child to the police
station and detain such child only for such reasonable time as may be necessary
to notify the parents or guardian of such child. No such child taken into
custody shall be confined except in accordance with the provisions of the
Family Court Act.
Any violation of this article shall be punishable by a fine not exceeding
$25.
