[HISTORY: Adopted by the Board of Trustees of the Village of West
Haverstraw at time of adoption of Code; see Ch. 1, General Provisions, Art.
I. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 147.
This chapter shall be entitled the "Village of West Haverstraw Curfew
Law."
It is hereby declared to be the policy of the Village of West Haverstraw
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 West Haverstraw seeks to promote the safety and general welfare
of the residents of the Village of West Haverstraw by prescribing, in accordance
with prevailing community standards, regulations concerning the presence of
minors on streets, roads, highways, public parks 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 for 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.
MINOR
PARENT
PUBLIC PARKS AND PUBLIC AREAS
REMAIN OR LOITER
STREET, ROAD AND HIGHWAY
TIME OF NIGHT
YEARS OF AGE
As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any person under the age of 16 or, in equivalent phrasing often herein
employed, any person 15 or less years of age.
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.
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, and accessible to, the public.
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 § 96-5 hereof so that this is not a mere prohibitory-type curfew law.
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.
Based upon the prevailing standard of time, whether Eastern standard
time or Eastern daylight saving time, generally observed at that hour by the
public in the Village.
Continues from one birthday, such as the 16th, to, but not including,
the day of the next, such as the 17th birthday, making it clear that 16 or
less years of age is herein treated as equivalent to the phrase "under 17
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 minor to
loiter or remain in or upon the streets, roads, highways, public parks or
other public areas within the Village of West Haverstraw at night during the
period ending at 6:00 a.m. and beginning at 10:00 p.m.
In the following exception cases, a minor on or upon a Village street, road, highway, public park or other public area during the established hours for which § 96-4 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 accompanied by a parent of such minor.
B.
When accompanied by an adult authorized by a parent of
such minor to take said parent's place in accompanying said minor for
a designated period of time and purpose within a specified area.
C.
When such minor is in possession of a written statement
signed by a parent of such minor, with their home address and telephone number,
specifying when, where and in what manner said minor will be on or upon the
streets, roads, highways, public parks or public areas at night (during hours
when this chapter is otherwise applicable to said minor) in the exercise of
a First Amendment right specified in such statement.
D.
When the minor is on the sidewalk or the area immediately
in front of the place where such minor resides or is on the sidewalk or the
area immediately in front of either next door neighbor not communicating an
objection to the Police Department or an officer thereof.
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, public parks 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 of the Town of Haverstraw 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.
Any person convicted of violating any provision of this chapter shall
be guilty of a violation punishable by a fine of not more than $250 or 15
days' imprisonment, or both.
