§ 46-2Legislative intent.
§ 46-6Penalties for offenses.
This chapter shall be known as the "Curfew Law of the Village of Churchville."
It is hereby declared to be the policy of the Village of Churchville that the Village Board shall take all steps necessary and proper to minimize nocturnal crime, juvenile delinquency, vandalism and damage and destruction of both public and private property within the corporate limits of the Village of Churchville.
It is the purpose of the Village of Churchville to promote the health, safety and general welfare of the residents of the Village and to maintain rule and order by prescribing, in accordance with prevailing community standards, regulations concerning the presence of minors on streets, roads, highways, public parks and other public areas of the Village at night and during certain other hours in order to reduce juvenile crime, vandalism and damage and to protect the children and minors of the Village of Churchville and the citizens thereof.
The Board of Trustees of the Village of Churchville hereby finds:
There have been significant complaints made to various Village officials and to private citizens who have forwarded the complaints to the Village Board that vandalism, intimidation of citizens, rowdiness, noisy and disturbing behavior, littering and harassment of Village residents has occurred and continues to occur during certain hours within the Village of Churchville.
Significant numbers of minors have been involved in the above disturbances and have been congregating in Village streets after dark and causing the disturbances as aforesaid.
There is a need for a curfew for minors to control and eliminate the problems as set forth above and to achieve, under local conditions, the policy and purposes herein stated.
Such curfew regulations will meet the special needs of the Village and will enable the Village of Churchville to better control streets and public places and will be a significant factor in minimizing juvenile delinquency and the dangers and damages attendant thereto.
The Village Board of Trustees has studied the background and history of the problems leading to the statements and findings as set forth in this chapter and has come to the conclusion that the enactment of a curfew law is a reasonable means of eliminating the conduct complained of without otherwise unduly infringing upon or imposing upon the fundamental rights of such minors.
It shall be unlawful for any child of the age of 17 years or under to remain in or upon any public street, sidewalk, highway, park, vacant lot or other public place as follows:
On Sunday, Monday, Tuesday, Wednesday, Thursday; on each of the aforesaid days from 10:00 p.m. to 5:00 a.m. the succeeding day.
On Friday and Saturday; on each of the aforesaid days from 11:00 p.m. to 5:00 a.m. the succeeding day.
Such times and hours shall apply according to either standard time or daylight savings time, as either may be in effect from time to time.
Exemptions. The following shall constitute valid exceptions to the operation and enforcement of the curfew law:
At any time, if the child is accompanied by his or her parent, legal guardian or other responsible person who is over the age of 21 and approved by the child's parent or legal guardian;
If the child is legally-employed, for the period from 1/2 hour before to 1/2 hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the child is in a public place during curfew hours in the course of his or her employment. To come under this exception, the child must be carrying a written statement from the employer attesting to the place and hours of employment.
If the child is coming directly home from a school activity or an activity of a religious or other voluntary association or a place of public entertainment such as a movie, play or sporting event. This exception will apply for 1/2 hour after the completion of such event, but in no case beyond 1:30 a.m.
If the minor is exercising first amendment rights protected by the Constitution, such as the free exercise of religion, speech or assembly, provided that the minor first has given notice to the Village Clerk by delivering written communication signed by the minor and countersigned by a parent of the minor which specifies when, where, in what manner and for what first amendment purpose the minor will be on the streets at night during the curfew period.
When the minor is, with parental consent, in a motor vehicle engaged in normal travel through the Village. When the minor is engaged in bonafide interstate or intrastate movements along major routes throughout the Village and including such travel beginning or ending in the Village.
When the minor is engaged in an errand involving a medical emergency or other emergency involving an immediate and significant threat to life or property.
Failure to comply with this chapter shall be a violation as defined in § 55.10 of the New York State Penal Law, and penalties may be imposed thereunder, and pursuant to § 80.05 of the New York State Penal Law. Any penalties or damages recovered or imposed under this chapter are in addition to any other remedies available at law or equity.