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:
MINOR
Any person under the age of 18 years or, in equivalent phrasing,
any person 17 years of age or less.
PARENT
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:
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 Fultonville
and interstate travel beginning or ending in the Village of Fultonville.
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.