[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville 7-7-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
It is the purpose of this chapter to promote the health, safety and general welfare of the residents of the Village of Fultonville 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 Fultonville 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.
- PUBLIC AREAS
- 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.
- REMAIN OR LOITER
- To stay behind, to tarry or to stay on or upon the public place.
- STREET, ROAD and HIGHWAY
- 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 Fultonville between the hours of 10:00 p.m. and 5:00 a.m. Sunday through Thursday and 11:00 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:
When the minor is also accompanied by a parent of such minor.
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.
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.
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.
When the minor is on the sidewalk or property immediately in front of the place where such minor resides.
When the minor is engaged in or traveling directly to or from a place of employment.
When the minor is engaged in an errand as directed by his or her parent.
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 Fultonville and interstate travel beginning or ending in the Village of Fultonville.
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.
Any minor under the age of 16 years of age violating the provisions of this chapter shall be taken into custody by the police, who shall 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.
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.