This chapter shall be entitled an "Ordinance of the Village of Ballston
Spa, Saratoga County, New York, Establishing a Curfew During Nocturnal Hours
for Minor Children Under the Age of Seventeen Years."
It is hereby declared to be the policy of the Village of Ballston Spa
to minimize nocturnal crime, juvenile delinquency and vandalism and to prevent
the destruction and damage of both public and private property. By this chapter,
the Village of Ballston Spa seeks to promote the safety and general
welfare of the residents of the Village of Ballston Spa by prescribing, in
accordance with prevailing community standards, regulations concerning the
presence of minors on streets, roads, highways, public parks or other public
areas of the Village at night, all for the good of minors, for the furtherance
of family responsibility and for the public good, safety and welfare. The
Board finds that a curfew for minors meets a very local need and will be a
significant factor in minimizing juvenile delinquency. This chapter takes
into consideration also the danger hours for nocturnal crime and for accumulations
of minors with potential risks incident to immaturity. Parental responsibility
for the whereabouts of children is the norm; and as parental control increases,
the likelihood of juvenile delinquency decreases, and there is a need for
nocturnal curfew for minors to achieve, under local conditions, the purpose
herein stated.
It shall be unlawful and a violation of this chapter for any person
16 or less years of age (under 17) to be or loiter or remain in or upon the
streets, roads, highways, public parks or other public area within the Village
of Ballston Spa at night during the period ending at 6:00 a.m. and beginning
at 10:00 p.m.
In the following exception cases, a minor on or upon a Village street, road, highway, public park or other public area during the nocturnal hours for which §
106-4 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not be considered in violation of this chapter:
A. When accompanied by a parent of such minor.
B. When accompanied by an adult authorized by a parent of
such minor to take said parent's place in accompanying said minor for
a designated period of time and purpose within a specified area.
C. When exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of religion, freedom
of speech and the right of assembly. Such minor shall evidence the intention
of such exercise by exhibiting to Police Department personnel a written statement,
signed by such minor and countersigned by a parent of such minor, with their
home address and telephone number, specifying when, where and in what manner
said minor will be on or upon the streets, roads, highways, public parks or
public areas at night (during hours when this chapter is otherwise applicable
to said minor) in the exercise of a First Amendment right specified in such
statement.
D. In case of reasonable necessity, but only after such
minor's parent has communicated to the Village Police Department personnel
the facts establishing such reasonable necessity relating to specified streets,
roads, highways, public parks or other public areas at a designated time for
a described purpose, including points of origin and destination. A copy of
such communication or of the police record thereof, duly certified by the
Chief of Police to be correct, with an appropriate notation of the time it
was received and of the names and addresses of such parent and minor, shall
be admissible evidence.
E. When the minor is on the sidewalk or the area immediately
in front of the place where such minor resides or is on the sidewalk or the
area immediately in front of either next door neighbor not communicating an
objection to the Police Department or an officer thereof.
F. When authorized by special permit from the Village Mayor,
carried on the person of the minor thus authorized, as follows: When necessary
nighttime activities of a minor may be inadequately provided for by other
provisions of this chapter, then recourse may be had to the Mayor of the Village
for a special permit as the circumstances warrant. Upon the Mayor's finding
of necessity for the use of the streets, roads, highways, public parks or
other public areas to the extent warranted by a written application signed
by a minor and by a parent of such minor, if feasible, stating the name, address
and telephone number of a parent thereof; the height, weight, sex, color of
eyes and hair and other physical characteristics of such minor; the necessity
which requires such minor to remain upon the streets, roads, highways, public
parks or other public areas during the curfew hours otherwise applicable;
and the route to be taken and the beginning and ending of the period of time
involved by date and hour, the Mayor may grant a permit, in writing, for the
use by such minor of such streets, roads, highways, public parks or other
public areas at such hours as in the Mayor's judgment may be necessary.
In an emergency this may be handled by telephone or other effective communication,
with a corresponding record being made contemporaneously, either to the Mayor
or, if unavailable, to the police officer authorized by the Mayor to act on
his/her behalf in an emergency at the police station.
G. When authorized by resolution passed by the Village Board
of Ballston Spa in other similar cases of reasonable necessity, similarly
handled but adapted to necessary nighttime activities of more minors than
can readily be dealt with on an individual special permit basis by the Mayor.
Normally, such resolution by the Village Board permitting use of the streets,
roads, highways, public parks or other public areas should be passed sufficiently
in advance to permit appropriate publicity through news media and through
other agencies, such as schools, and shall define the activity, the scope
of the use of the street, roads, highways, public parks or other public area
permitted, the period of time involved, not to extend more than 30 minutes
beyond the time for termination of such activity, and the reason for finding
that such resolution is reasonably necessary.
H. When the minor carries a certified card of employment,
renewable each calendar month when the facts so warrant, dated or reissued
not more than 45 days previously, signed by the Chief of Police and briefly
identifying the minor, the addresses of his/her home and of his/her place
of employment and his/her hours of employment.
I. When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. This clearly exempts bona fide interstate
movement through the Village of Ballston Spa. This also exempts interstate
travel beginning or ending in the Village of Ballston Spa.
It shall be unlawful and a violation of this chapter for a parent, as
defined herein, having legal custody of a minor, knowingly to permit or by
inefficient control to allow such minor to be or remain or loiter upon any
street, road, highway, public park or other public areas of the Village under
circumstances not constituting an exception to, or otherwise beyond the scope
of, this chapter. The term "knowingly" includes knowledge which a parent should
reasonably be expected to have concerning the location or whereabouts of a
minor in that parent's legal custody. It is intended to continue to keep
neglectful or careless parents up to a reasonable community standard of parental
responsibility through an objective test. It shall be no defense that a parent
was completely indifferent to the activities or conduct or whereabouts of
such minor.
[Amended 11-11-1996 by L.L. No. 4-1996]
Any law enforcement officer, upon finding or having attention called
to any minor on or upon the street, roads, highways, public parks or other
public areas of the Village in prima facie violation of this chapter, shall
ascertain the name, address and age of said minor and contact said minor's
parents or guardian and have them retrieve the minor. In the case of a first
violation by a minor, the Chief of Police or, in the event of his/her absence,
the officer in charge shall send, by certified mail, written notice of said
violation with a warning that any subsequent violation may result in full
enforcement of this chapter, including enforcement of parental responsibility
and of applicable penalties as hereinafter set forth. A copy of said written
notice of violation shall be placed on file in the Police Department.
Any person convicted for violating any provision of this chapter shall
be guilty of a violation punishable by a fine of not more than $250 or 15
days' imprisonment, or both.