[HISTORY: Adopted by the Board of Trustees of the Village of Scotia 8-9-2006
by L.L. No. 3-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 182.
It is the purpose of this chapter to promote the health, safety and
general welfare of the residents of the Village of Scotia and to maintain
rule and order by prescribing, in accordance with the prevailing community
standards, regulations concerning the presence of minors on streets, roads,
highways, public parks, and other public areas of the Village at night to
reduce juvenile crime and vandalism to protect the children and minors of
the Village of Scotia and further family responsibility.
As used in this chapter, the following terms, phrases, words and their
derivations shall have the meanings provided herein:
Any person under the age of 18 years or, in equivalent phrasing,
any person 17 years of age or less.
Any person having legal custody of a minor as a natural or adoptive
parent, as a legal guardian, as a person who stands in loco parentis or as
a person to whom legal custody has been given by court order.
Any place to which the public has access, including but not limited
to a public street, road, thoroughfare, sidewalk, bridge, alley, place, park,
library premises, school, recreation or shopping area, public transportation
facility, vehicles used for a public transportation, parking lot or any other
public building structure or area.
To stay behind, to tarry or to stay on or upon the public place.
A way or place, of whatever nature, open to the use of the public
as a matter of right for purposes of vehicular or pedestrian travel. These
terms include, but are not limited to, the legal right-of-way, traffic lanes,
curbs, sidewalks and any grass plots or other ground found within the legal
right-of-way of a street, road or highway. These terms apply irrespective
of what they are called or formally named, whether an alley, avenue, court,
drive, boulevard or otherwise.
It shall be unlawful and a violation of this chapter for any person
under the age of 18 years to be or loiter or remain in or upon the public
streets, roads, highways, public lots, public parks or other public areas
within the Village of Scotia between the hours of 11:00 p.m. to 5:00 a.m.
Sunday through Thursday and 12:00 p.m. and 5:00 a.m. on Friday and Saturday
except as otherwise provided in this chapter.
A minor on or upon a public street, road, highway, public lot, public
park or other public area during the hours for which this chapter applies
shall not be considered in violation of this chapter under the following circumstances:
A.
When the minor is also accompanied by a parent of such
minor.
B.
When the minor is also accompanied by an adult authorized
by a parent of such minor to take said parent's place in accompanying
the minor for a designated period of time and purposes within a specific area.
C.
When the minor is exercising First Amendment rights protected
under the Constitution of the United States, such as the free exercise of
religion or speech, and exhibiting to enforcement personnel a written statement,
signed by the minor and by a parent of such minor, specifying when, where
and in what manner the minor will be on public areas at night during hours
when this chapter is otherwise applicable and specifying the home address
and telephone number of said minor.
D.
In the case of reasonable necessity for the minor to
be or remain on public areas, provided that such minor can evidence and establish,
by exhibiting to enforcement personnel a written statement signed by the minor
and by a parent of such minor, the reasonable necessity relating to specific
public areas at a designated time for a described purpose, including points
of origin and destination, specifying when, where and in what manner the minor
will be on public areas at night during hours when this chapter is otherwise
applicable and specifying the home address and telephone number of said minor.
E.
When the minor is on the sidewalk or property immediately
in front of the place where such minor resides.
F.
When the minor is engaged in or traveling directly to
or from a place of employment.
G.
When the minor is engaged in an errand as directed by
his or her parent.
H.
When the minor is, with parent consent, in a motor vehicle
and is engaged in normal travel to and from a set destination. It is the intention
of this provision to clearly exempt bona fide interstate movements along major
routes through the Village of Scotia and interstate travel beginning or ending
in the Village of Scotia.
I.
When the minor is returning home from and within one
hour after the termination of a school-sponsored 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, provided that such minor can evidence
the written permission of a parent, signed by the minor and a parent of said
minor, and including the home address and telephone number of the minor and
the place and probable time of termination of the activity.
A.
Any minor under the age of 16 years of age violating
the provisions of this chapter shall be taken into custody by the police and
promptly notify his or her parent, guardian or person having legal custody
that such minor is in custody and where such child can be picked up.
B.
Any minor the age of 16 or older convicted of violating
any provision of this chapter shall be guilty of a violation punishable by
a fine of not more than $50 for the first conviction, $100 for the second
conviction and $250 thereafter or by a term of imprisonment not to exceed
15 days or be required to perform community service, or any combination thereof.
