[HISTORY: Adopted by the Board of Trustees of the Village of Waverly 5-20-1997 by L.L. No. 2-1997. Amendments noted where applicable.]
This chapter shall be entitled "An Ordinance of the Village of Waverly, Tioga County, New York, Establishing a Curfew During Nocturnal Hours for Minor Children Under the Age of 16 Years."
It is hereby declared to be the policy of the Village of Waverly to minimize nocturnal crime, juvenile delinquency and vandalism and to prevent the destruction and damage of both public and private property. By this chapter, the Village of Waverly seeks to promote the safety and general welfare of the residents of the Village of Waverly by prescribing, in accordance with prevailing community standards, regulations concerning the presence of minors on streets, roads, highways or other public areas of the village at night, all for the good of minors, for the furtherance of family responsibility and for the public good, safety and welfare. The Board finds that a curfew for minors meets a very local need and will be a significant factor in minimizing juvenile delinquency. This chapter takes into consideration also the danger hours for nocturnal crime and accumulations of minors with potential risks incident to immaturity. Parental responsibility for the whereabouts of children is the norm; and, as parental control increases, the likelihood of juvenile delinquency decreases and there is a need for nocturnal curfew for minors to achieve under local conditions the purposes herein stated.
A. 
As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
MINOR
Any person under the age of 16, or in equivalent phrasing often herein employed, any person 15 or less years of age.
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 order of court.
PUBLIC AREAS
Includes, but is not limited to, recreational and other places, whether privately or publicly owned and open to the general public, and those places visited by many persons and accessible to the public.
REMAIN and LOITER
To stay behind, to tarry or to stay unnecessarily upon the streets, roads, highways, public parks or other public area, including the congregating in groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets, roads, highways, public parks or other public areas for ordinary or serious purposes such as mere passage or proceeding home. To implement this definition with additional precision and precaution, numerous exceptions are expressly set forth in § 57-5 hereof so that this is not a mere prohibitory type curfew local law.
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 travel or, in the case of a sidewalk thereof, for pedestrian travel. The terms "street," "road" and "highway" include the legal right-of-way, including but not limited to traffic lanes, curbs, sidewalks, whether paved or unpaved, and any grass plots or other ground found within the legal right-of-way of a "street," "road" or "highway." The terms "street," "road" and "highway" apply irrespective of what they are called or formally named, whether an alley, avenue, court, drive, boulevard or otherwise.
TIME OF NIGHT
Based upon the prevailing standard of time, whether Eastern Standard Time or Eastern Daylight Savings Time, generally observed at that hour by the public in the village.
VILLAGE or VILLAGE OF WAVERLY
The Village of Waverly, Tioga County, New York.
YEARS OF AGE
Continues from one birthday, such as the 15th, to, but not including, the day of the next, such as the 16th birthday, making it clear that 15 or less years of age is herein treated as equivalent to the phrase "under 16 years of age."
B. 
The word "shall" is mandatory; the word "may" is permissive.
It shall be unlawful and a violation of this chapter for any person 15 or less years of age (under 16) to be or loiter or remain in or upon the streets, roads, highways or other public area within the Village of Waverly at night during the following periods of time:
A. 
Weeknights, which shall consist of that time beginning at 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday night through 6:00 a.m. on the following morning.
B. 
Weekends, which shall consist of that time beginning at 12:00 midnight on Friday or Saturday night through 6:00 a.m. on the following morning.
In the following exception cases, a minor on or upon a village street, highway or other public area during the nocturnal hours for which § 57-4 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this chapter:
A. 
When the minor is on the sidewalk abutting the minor's residence, and either next door neighbor has not communicated an objection to a police officer.
B. 
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's residence, 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.
C. 
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 or adult-supervised or sponsored organized dance.
D. 
When the minor is accompanied by his or her parent or guardian.
E. 
When the minor is accompanied by an adult authorized by the parent or guardian of the minor.
F. 
When the minor is in a motor vehicle with parental or guardian consent for normal travel; and interstate travel beginning or ending in the Village of Waverly is expected.
G. 
When the minor is upon an emergency errand.
H. 
When the minor is attending or traveling in a direct route to or from an activity involving the exercise of First Amendment rights protected by the United States Constitution.
It shall be unlawful and a violation of this chapter for a parent, as defined herein, having legal custody of a minor, knowingly to permit or by inefficient control to allow such minor to be or remain or loiter upon any street, road, highway, public park or other public areas of the village under circumstances not constituting an exception to or otherwise beyond the scope of this chapter. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the location or whereabouts of a minor in that parent's legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
Any law enforcement officer, upon finding or having attention called to any minor on or upon the streets, roads, highways, or other public areas of the village in prima facie violation of this chapter, shall ascertain the name, address and age of said minor and escort said minor to his or her residence. In the case of a first violation by a minor, the Chief of Police or, in the event of his absence, the officer in charge shall send by certified mail a written notice of said violation with a warning that any subsequent violation may result in full enforcement of this chapter, including enforcement of parental responsibility and of applicable penalties as hereinafter set forth. A copy of said written notice of violation shall be placed on file in the Police Department.
A parent or guardian who violates this chapter shall, upon the first violation, be issued a warning citation; upon the second violation, be subject to a fine of not more than $25; upon the third violation, be subject to a fine of not more than $100; upon the fourth violation and every offense thereafter be subject to a fine of not more than $200.