[HISTORY: Adopted by the Town Board of the Town of Goshen as indicated
in article histories. Amendments noted where applicable.]
[Adopted 10-22-1998 by L.L. No. 3-1998]
A.
The Town Board finds and determines that there has been
an increase of crime and other incidents occurring in the late night/early
morning hours and involving persons under the age of 18. The Board determines
that such persons are particularly susceptible to peer pressure and other
types of influences that may cause them to participate in unlawful or otherwise
disorderly conduct. The Board also determines that such persons are more likely
to be victims of crime or other incidents if on the street during such hours.
The Board has an obligation to protect persons and property and the peace
and good order and to diminish the undesirable impact of such conduct on residents
and business owners; to protect minors; to encourage and, if necessary, to
enforce parental control over and responsibility for children; and to reduce
the incidents of juvenile criminal and other disorderly conduct. The Board
recognizes that minors may exercise First Amendment rights, and this article
is intended to promote its purposes in a manner least intrusive on such rights.
B.
In addition, unlawful and other disorderly conduct is
particularly prevalent during the two-day Halloween period. This conduct has
created problems for residents and the Police Department. The Police Department
has determined that many youths are nonresidents who refuse to leave when
directed by the police officers. Town officials, police officers and other
citizens have received threats of violence and vandalism beyond the scope
of ordinary Halloween pranksterisms. The Police Department has received complaints
that emphasized that individual safety and the public welfare were in jeopardy.
This Board determines that a curfew is thus necessary during the Halloween
period.
For the purposes of this article, the following terms, phrases and words
shall have the meanings given herein:
An unforeseen combination of circumstances or the resulting condition
that calls for immediate action. The term includes a fire, natural disaster,
automobile accident or other situation requiring immediate action to prevent
serious bodily injury or loss of life or damage to property.
Any privately owned place of business operated for a profit to which
it invites the public.
Any person less than 18 years of age.
Any individual, firm, association, partnership or corporation operating,
managing or conducting any establishment. The term includes the members or
partners of an association or partnership and the officers of a corporation.
A person who is:
The building, lot or land of an establishment.
Any place to which the public or a substantial group of the public
has access and includes, but is not limited to, streets, highways, sidewalks,
parks, playgrounds, the common areas of schools, hospitals, apartment houses,
office buildings and transport facilities and private property open to the
public for entertainment, commerce or amusement.
To fail to leave the premises of any establishment when requested
to do so by a police officer or the owner, operator or employee of the establishment.
It shall be unlawful for:
A.
A minor to be in any public place or remain on the premises
of any establishment during curfew hours in groups larger than five persons.
B.
A minor to be in or upon private property in groups larger
than five persons during curfew hours without authorization from a property
owner.
C.
A minor to be in any public place or remain on the premises
of any establishment during curfew hours while in possession of shaving cream,
eggs, soap, rocks, toothpaste, spray paint, flammable or combustible liquids
or any other items which have or may be used for vandalism.
D.
A minor to be in any public place or remain on the premises
of any establishment during curfew hours with a group of any size, where one
member of a group is in possession of shaving cream, eggs, soap, rocks, toothpaste,
spray paint, flammable or combustible liquids or any other items which have
or may be used for vandalism.
E.
A minor to be in or upon private property in a group
of any size during curfew hours without authorization from a property owner,
where one member of a group is in possession of shaving cream, eggs, soap,
rocks, toothpaste, spray paint, flammable or combustible liquids or any other
items which have or may be used for vandalism.
F.
A parent or guardian of a minor knowingly to permit or,
by insufficient control, allow the minor to be in any public place or remain
on the premises of any establishment during curfew hours.
G.
The owner, operator or any employee of an establishment
to knowingly allow a minor to remain on the premises of the establishment
during curfew hours.
A.
A minor shall not be considered in violation of this
article if, during curfew hours, the minor is:
(1)
Accompanied by
the minor's parent or guardian;
(2)
On an errand at the direction of the minor's parent or
guardian, without any detour or stop;
(3)
In a motor vehicle involved in interstate travel;
(4)
Engaged in an employment activity or going to or returning
home from an employment activity, without any detour or stop;
(5)
Involved in an emergency;
(6)
Attending an official school, religious or recreational
activity supervised by adults and sponsored by the government, a civic organization
or another similar entity that takes responsibility for the minor; or going
to or returning home from, without any detour or stop, such official activity;
(7)
Exercising First Amendment rights protected by the United
States or New York State Constitution, provided that the minor first has given
notice to the Chief of Police by delivering a written communication signed
by the minor and countersigned by a parent or guardian of the minor which
specifies when, where, in what manner and for what purpose the minor will
be on or in a public place or establishment during curfew hours; or
(8)
Married or had been married or had disabilities of minority
removed according to applicable provisions of law.
B.
The owner, operator or employee of an establishment shall
not be considered in violation of this article if such owner, operator or
employee promptly notified the Police Department that a minor was present
on the premises of the establishment during curfew hours and that the minor
was asked to leave and refused.
A.
This article shall be enforced by the Police Department.
Before taking any enforcement action as to a minor, a police officer shall
ask the person's age and reason for being in the public place or establishment.
If the officer reasonably believes that the youth has not previously violated
the law or been personally notified of the law's requirements, the officer
shall notify the youth of the general requirements of the law and direct the
youth to proceed immediately and directly to the youth's home. However, failure
by an officer to so notify a youth shall not be a defense to prosecution under
this article.
B.
The officer shall not issue an appearance ticket or make
an arrest pursuant to this article unless the officer reasonably believes
that a violation has occurred and that, based on the response by the minor
and other circumstances, no exemption is apparent. Any minor issued an appearance
ticket or arrested may be detained by the Police Department for a reasonable
period of time during which an attempt shall be made to notify the minor's
parent or guardian.
A.
Any person who is convicted of or pleads guilty to violating
any provision of this article shall be guilty of a violation and subject to
the penalties set forth below:
(1)
First violation: issuance of a warning notice.
(2)
Second violation: 10 hours of community service specified
by the court.
(3)
Third violation: between 10 and 25 hours of community
service specified by the court and/or a fine not to exceed $100.
(4)
Fourth and successive violations: between 10 and 75 hours
of community service specified by the court and/or a fine not to exceed $250.
(5)
Fifth and successive violations: between 75 and 150 hours
of community service specified by the court and a fine not to exceed $500.
B.
The parent or guardian of a minor who is required to
appear before the court at a specified date and time shall also be required
to appear with the minor before the court at that date and time. Where a minor
is required to perform community service, the parent or guardian shall be
required to transport the minor to the place(s) where such community service
shall be fulfilled.
The curfew hours on October 30, October 31 and November 1 may be amended
from time to time by resolution of the Town Board after public hearing.