[HISTORY: Adopted by the Town Board of the Town of Brant 9-9-2003 by L.L. No. 3-2003. Amendments noted where applicable.]
It shall be unlawful for any child under the age of 18 years to be upon any of the streets, sidewalks, alleys, or public places of the Town of Brant between the hours of 10:00 p.m. and 5:00 a.m., Sundays through Thursdays, and between the hours of 11:00 p.m. and 5:00 a.m., Fridays and Saturdays, unless accompanied by a parent, guardian, or other person having legal custody or control of such minor person or unless actually proceeding without delay to or from a lawful destination such as a school or church activity or place of employment.
No parent, guardian, or any other person having the legal care, custody, or control of any child under the age of 18 years shall knowingly allow or permit such child to go or be in or upon any of the places referred to in § 77-1 of this chapter in the Town of Brant, New York, after the time specified in said § 77-1 unless there exists reasonable necessity therefor.
Any law enforcement official having jurisdiction in the Town of Brant shall take into custody any minor person violating the provisions of § 77-1 of this chapter and turn over said minor person to his or her parent, guardian, or to the person having legal custody of such minor person, and shall notify such parent, guardian, or other person having legal custody of such minor of the violation of said § 77-1 of this chapter.
Any law enforcement official having jurisdiction in the Town is authorized to detain any minor violating § 77-1 of this chapter. However, no minor shall be placed in confinement until reasonable effort shall have been made to locate and verbally notify the parent, guardian, or legal custodian of such minor of such detainment, and that an opportunity be given to such parent, guardian, or legal custodian to appear and obtain custody of such minor.
A. 
Children under seven years of age. Any child under the age of seven years violating any of the provisions of this chapter shall be conducted by any law enforcement official discovering such violation to the child's home, and such officer shall notify the parent, guardian, or legal custodian, in writing, of such child of such child's violation of this chapter and shall issue a written incident report regarding same to the Chief of Police of the Town of Brant, New York.
B. 
Children between seven and 16 years of age. Any child between the age of seven and less than 16 years violating any of the provisions of this chapter, after their parent, guardian, or legal custodian has previously been notified of a violation by such child of this chapter, shall be deemed and is hereby declared to be neglected or delinquent within the provisions of Article 10 of the Family Court Act.
C. 
Children 16 years of age and over. Any person age 16 years or more, convicted of violating any provisions of this chapter, shall be deemed to be guilty of a violation, and shall be subject to a fine of not more than $250 or imprisonment for not more than 10 days, or both such fine and imprisonment.
D. 
Family Court referral. Should it appear that such child falls within the provisions of Article 10 of the Family Court Act, such child shall be dealt with as provided in such law.
E. 
Parent, guardian, or custodian. The failure or neglect of any parent, guardian, or legal custodian of any child to exercise reasonable diligence in the control of his or her child so as to prevent such child from violating the provisions of this chapter, or the conduct of any parent, guardian, or custodian who knowingly and willingly encourages, aids, causes, permits, or promotes any violation of any of the provisions of this chapter by such child, shall constitute a violation of this law and, upon conviction, shall subject such parent, guardian, or custodian to a fine of not more than $250 or imprisonment for not more than 10 days, or both such fine and imprisonment.