[HISTORY: Adopted by the Board of Trustees of the Village of Lake George 1-9-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
Peace and good order — See Ch. 153.
It is the purpose and intent of the Village of Lake George to protect and preserve the health, safety and welfare of the residents of the Village of Lake George 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 or other public areas of the Village at night to reduce juvenile crime and vandalism, to protect the children and minors of the Village against juvenile victimization and to further family responsibility by assisting parental supervision.
As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings indicated:
- Includes knowledge of information which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. It is intended to include and require neglectful or careless parents to maintain a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was indifferent to the activities, conduct or whereabouts of such minor.
- For purposes of this chapter only, a "minor" shall mean any person under the age of 18 years of age, i.e., 17 years of age and younger.
- 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.
- PUBLIC PLACE
- Any place to which the public has access, whether privately or publicly owned, including but not limited to public streets, roads, thoroughfares, sidewalks, bridges, alleys, plazas, parks, recreation or shopping areas, stores, cafes, restaurants, eating establishments, public transportation facilities, vehicles used for public transportation, parking lots or any other public building, structure or area.
- REMAIN or LOITER
- To stay behind, to tarry or to stay upon a public place.
It shall be unlawful and a violation of this chapter for any minor to remain, or loiter, or to be in, on, or upon any public place within the Village of Lake George between the hours of 11:00 p.m. and 5:00 a.m. (hereinafter referred to "curfew hours").
A minor in a public place during the curfew hours shall not be considered in violation of this chapter under the following circumstances:
When accompanied by the minor's parent or guardian.
On an errand at the direction of the minor's parent or guardian, without any detour or stop, provided that the minor has in his possession a writing, signed by the minor and parent or guardian of the minor, with their home address and telephone number, specifying the date, time and purpose of the errand.
When the minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, the right of assembly, and the right to such exercise, provided that the minor has in his possession a writing, signed by the minor and by a parent of the minor, with their home address and telephone number, specifying when, where and in what manner the minor will be in a public place during the curfew hours in the exercise of a First Amendment right specified in such writing.
Engaged in or traveling to or from a place of employment.
Engaged on an errand involving a medical emergency or other emergency involving an immediate and significant threat to life or property.
While traveling in a motor vehicle involved in interstate travel.
Any peace officer or law enforcement officer, upon finding any minor on or upon the streets, roads, highways, public parks, or other public areas of the Village of Lake George during the curfew hours, shall notify the person of such violation and shall require the person to provide his or her name, age, address, telephone number and how to contact his or her parents. In determining the age of the person, the police officer or peace officer will request evidence, such as a birth certificate or driver's license, and in the absence of such convincing evidence, the police officer or peace officer shall use his or her best judgment in determining age.
If the officer determines or has reason to believe that a person is in violation of this chapter, he or she shall, if practicable, take the person to police headquarters, where a parent shall be immediately notified and required to report to police headquarters, and procure the person, whereupon a parent shall be questioned to ascertain, within constitutional limits, the relevant facts.
The officer shall file a written report.
The officer shall issue a ticket.
The minor shall be released to the custody of a parent.
If a parent cannot be located or fails to take charge of the minor, the minor may be temporarily entrusted to a relative, neighbor or other person who will assume responsibility of caring for the minor pending availability of a parent.
It shall be unlawful and a violation of this chapter for a parent knowingly to permit or by inefficient control to allow a minor to be or loiter or remain in, on or upon a public place in the Village during curfew hours under circumstances not constituting an exception to or an exemption from or otherwise beyond the scope of this chapter.
Minors under the age of 16 years in violation of any provision of this chapter shall come within the provisions of Article 7 of the Family Court Act, titled "Persons in Need of Supervision."
Any minor that is 16 or 17 years of age and is convicted of violating any provision of this chapter shall be guilty of a violation punishable by a jail term not to exceed two days for the first conviction; five days for the second conviction; and 30 days for a third or subsequent conviction and by a fine of not more than $100 for the first conviction; $200 for the second conviction; and $500 thereafter or be required to perform community service, or any combination thereof.
Any parent convicted of violating any provision of this chapter shall be guilty of a violation punishable by a fine of not more than $150 for the first conviction; $250 for the second conviction; and $500 thereafter or be required to perform community service, or any combination thereof.