A. Title: This section shall be known and may be cited as the CURFEW ORDINANCE or REGULATION OF THE PRESENCE AND CONDUCT OF MINORS ON STREETS AND PUBLIC PLACES.
B. Definitions: For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meanings given herein:
CURFEW HOURS: Ten o'clock (10:00) P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, and one minute after twelve o'clock (12:01) A.M. Saturday and Sunday, until six o'clock (6:00) A.M. of the same day.
MINOR: Any person under the age of eighteen (18), except as set out in this Code in regards to low point beer and/or intoxicating beverages.
PARENT: Any person having legal custody of a minor as:
1. A natural or adoptive parent, or stepparent of another person;
2. A legal guardian;
3. A person under court order who is the guardian of the person or minor placed by a court;
4. A public or private agency with whom a minor has been placed by a court; or
5. A person who stands in loco parentis.
PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, apartment buildings and shops, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. The term shall also include the front or immediate area of the above.
REMAIN: To:
1. Linger or stay unnecessarily in a public place; or
2. Fail to leave premises of an establishment or a public place when asked by a law enforcement officer or other person in control of the establishment or public place.
STREET: A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. The term "street" includes the legal right- of-way including, but not limited to, the cartway or traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right- of-way of a street.
YEAR OF AGE: Continues from one birthday, such as the seventeenth to, but not including, the day of the next, such as the eighteenth birthday, making it clear that seventeen (17) or less years of age is herein treated as equivalent to the phrase "under eighteen (18) years of age".
C. Exceptions To Curfew: In the following exceptional cases, a minor on a Town street during the nocturnal hours for which the definition of "curfew hours" in subsection A of this section is intended to provide the maximum limits of regulation shall not, however, be considered in violation of this section:
1. When accompanied by a parent of such minor;
2. When accompanied by an adult authorized by a parent of such minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specified area;
3. When exercising first amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;
4. In case of reasonable necessity, but only if the minor has in the minor's possession a written communication signed by the minor, countersigned by a parent of such minor, evidencing their home address and telephone number, and establishing such reasonable necessity relating to specified streets at a designated time for a described purpose including points of origin and destination;
5. When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next door neighbor not communicating an objection to the police officer;
6. When returning home, by a direct route from (and within 30 minutes of the termination of) a school activity, or activity of a religious or voluntary association, provided the minor has a written communication in the minor's possession, countersigned by a parent, indicating the home address and telephone number, the purpose for the event, and when, where and in what manner the minor will be on the streets at night;
7. When authorized by regulation issued by the Town Board in other similar cases of reasonable necessity, similarly handled but adopted to necessary nighttime activities of more minors than can readily be dealt with on an individual special permit basis. Normally such regulation by the Town Board permitting use of the streets should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of the streets permitted, the period of time involved not to extend more than thirty (30) minutes beyond the time for termination of such activity, and the reason for finding that such regulation is reasonably necessary and is consistent with the public interest and the purposes of this section;
8. When the minor carries a certified card of employment, briefly identifying the minor, the addresses of his home and his place of employment and his hours of employment, or carries a valid proof of employment which may include the latest payroll receipt not over thirty (30) days old; or
9. When the minor is, with parental consent, in a motor vehicle. This contemplates normal travel. This clearly exempts bona fide interstate movement through the Town, particularly on normal routes. (2014 Code § 10-505; amd. 2018 Code)
D. Responsibility Of Parent Or Guardian: It is unlawful for a parent having legal custody of a minor knowingly to permit or by inefficient control to allow such minor to be or remain upon any Town street under circumstances not constituting an exception to, or otherwise beyond the scope of, this section. The term "knowingly" includes knowledge 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 continue to keep neglectful or careless parents up to a reasonably community standard of parental responsibility through an objective test. It shall, a fortiori, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
E. Responsibility Of Business Owner: It shall be unlawful for any person operating or having charge of any public place to knowingly allow, permit or suffer the presence of minors in violation of the curfew established by this section. (2014 Code § 10-505)
F. Enforcement:
1. Upon finding or having attention called to any minor on the streets in prima facie violation of this section, a police officer of the Town shall normally take the minor to the Town Jail or County Sheriff's Office, or other place designated by the Chief of Police, where a parent shall immediately be notified to come for such minor, whereupon they shall be interviewed. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the personnel then on duty for accurate, effective, fair, impartial and uniform enforcement, and recording, thus making available experienced supervisory personnel, the best facilities and access to information and records. In the absence of convincing evidence such as a birth certificate, a police officer on the street shall, in the first instance, use his best judgment in determining age. Police procedures shall constantly be refined in light of experience and may provide, inter alia, that the police officer may deliver to a parent thereof a minor under appropriate circumstances. For example, a minor of tender age near home whose identity may readily be ascertained or is known. In any event, such police officer shall, within twenty four (24) hours, file a written report with the Chief of Police. The report shall be treated for purposes of juvenile records in accordance with State Statutes; (2014 Code § 10-505; amd. 2018 Code)
2. When a parent, immediately called, has come to take charge of the minor, and the appropriate information has been recorded, the minor shall be released to the custody of such parent. If the parent cannot be located, or fails to take charge of the minor, then the minor shall be released to the juvenile authorities, except to the extent that, in accordance with police regulations, approved in advance by juvenile authorities, the minor may temporarily be entrusted to a relative, neighbor or other person who will, on behalf of a parent, assume the responsibility of caring for the minor pending the availability or arrival of a parent; or
3. In the case of a first violation by a minor, the Chief of Police shall cause to be personally delivered or by certified mail, send to a parent written notice of violation with a warning that any subsequent violation shall result in full enforcement of this section, including enforcement of parental responsibility and of applicable penalties.
G. Penalty: If, after the warning notice pursuant to subsection F3 of this section of a first violation by a minor, a parent violates subsection D of this section (in connection with a second violation by the minor), this shall be treated as an offense by the parent. The penalty upon a plea of guilty, nolo contendere, or finding of guilt shall be as provided in section 1-4-1 of this Code. (2014 Code § 10-505)