[HISTORY: Adopted by the Town Board of the Town of Wappinger 10-12-2004
by L.L. No. 13-2004. Amendments noted where applicable.]
This chapter shall be entitled "Curfew."
The legislative intent and purpose of this chapter is to adopt a new
chapter in the Town of Wappinger Code to establish a Halloween curfew to control
various activities of minors under the age of 18 on Halloween and the day
before Halloween. It has been reported to the various members of the Town
Board that a number of neighborhoods are having frequent and/or repeated instances
of loud noise, loitering, vandalism and boisterous conduct caused by the gathering
of both residents and nonresidents as a result of Halloween celebrations.
The Town Board highly values the health, safety and general welfare of its
minors, and the Town has a vested interest in preserving and nurturing this
valuable investment. The Town Board determines that the physical and psychological
well-being of our minors is threatened by the increasing influence of criminal
activities and occurrences of criminal activities, boisterous conduct and
vandalism during the Halloween holiday. The Town Board further determines
that minors are particularly susceptible to being victimized and abused on
Halloween in public places during the late night and early morning hours and
that persons under the age of 18 years are susceptible to participating in
unlawful activities during the Halloween holiday and becoming victims of older
perpetrators of crime by their lack of maturity, experience and vulnerability.
The Town Board further determines that parental responsibility and supervision
must be encouraged and promoted, and accordingly the Town Board finds that
reasonable regulations determining the hours of which minors under the age
of 18 may be in or upon public street, parks or other public places during
the Halloween holiday will protect the juveniles of this municipality and
reinforce parental responsibility and authority. The Town Board further determines
that the darkness of late night and early morning hours on the holiday make
it more difficult for law enforcement officers to prevent and solve certain
types of crimes, including the making of graffiti, malicious mischief, vandalism
and acts of violence, perpetrated by juveniles. The Town Board has therefore
determined that, in order to protect the public health, safety, general welfare,
peace and public order of the residents of the Town of Wappinger, it has become
necessary to restrict the activities of minors between 9:00 p.m. to 4:00 a.m.
on the following day on October 30 and October 31 in order to help maintain
the public peace and order within public places and residential neighborhoods.
It is not the intent of this chapter to amend any other chapter of the Town
Code.
During the evening hours of October 30 and October 31 between the hours
of 9:00 p.m. to 4:00 a.m. on the following day, it shall be unlawful for any
minor to congregate, loiter, wander, remain or play in or upon any public
place, public park, public area, street, road or highway in the Town, subject
to the exceptions set forth in this chapter.
Subject to the exceptions set forth in this chapter, it shall be unlawful
for the parent or legal guardian of any minor under the age of 18 years of
age to knowingly, or negligently by insufficient control, allow such minor
to congregate, loiter, wander or play in or upon any public place in the Town
of Wappinger between the hours of 9:00 p.m. to 4:00 a.m. on the following
day on October 30 and October 31.
Exceptions shall be as follows:
A.
When a minor is accompanied by his or her parent or legal
guardian.
B.
When the minor is accompanied by an adult authorized
by the parent or legal guardian of the minor.
C.
When the minor is on the sidewalk abutting the minor's
residence, or is on the sidewalk or the area abutting either next-door neighbor,
which neighbor has not communicated an objection to the Police Department
or an officer thereof.
D.
When the minor is traveling in a direct route to his
or her residence from employment and carries a signed statement from the employer
briefly identifying the minor, the address of the minor, the address of the
minor's place of employment, the name and title of the minor's employer
who signed the statement and the minor's hours of employment.
E.
When the minor is traveling in a direct route to his
or her residence from an adult-supervised or adult-sponsored religious, school,
civic, not-for-profit, recreational or entertainment activity.
F.
When the minor is in a motor vehicle with parental or
legal guardian consent for normal travel; interstate travel beginning or ending
in the Town of Wappinger is excepted.
G.
When the minor is upon an emergency errand.
H.
When the minor is attending or traveling in a direct
route to and from an activity involving the exercise of First Amendment rights
protected by the United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly. Such minor shall evidence
the intention of such exercise by exhibiting to Town enforcement officials
a written statement signed by such minor and countersigned by a parent or
legal guardian of such minor, with their home address and telephone number,
specifying when, where and in what manner said minor will be in a public place
at night (during the hours when this chapter is otherwise applicable to said
minor) in the exercise of a First Amendment right specified in such statement.
A.
This chapter shall be enforced by all Town of Wappinger enforcement officers as defined in Chapter 115 of the Wappinger Town Code, including any police officer, Dutchess County Deputy Sheriff and any other person so authorized by resolution of the Town Board.
B.
Any person who or which violates any provision of this
chapter or any lawful order made pursuant to this chapter shall be subject
to the payment of a civil fine. Such persons shall include, but not be limited
to, the minor(s) who violate this chapter and their respective parent(s) and/or
legal guardian(s). For a first violation, the amount of said fine shall not
exceed $100, and for a second and each subsequent violation, said fine shall
not exceed $250 per violation. Each day that a violation continues shall constitute
a separate and distinct violation.
C.
The Enforcement Officer may, in his/her discretion, issue
a warning notice for a first violation.
