[HISTORY: Adopted by the Board of Trustees of the Village of Chester
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parades and processions — See Ch. 67.
[Adopted 2-27-1974; amended in its entirety 5-26-1981
by L.L. No. 10-1981]
It shall be unlawful to use or consume alcoholic or malt beverages while
on a public street or while in a motor vehicle, and possession of open containers
of alcoholic or malt beverages shall be deemed presumptive evidence of a violation
of this section.
Any person committing an offense against any provision of this article
shall, upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
[Adopted 11-12-2002 by L.L. No. 5-2002]
Each year during Halloween, the Village is besieged by youths who rampage
through sections of the Village creating problems for residents and the Chester
Police Department. The Police Department has determined that many of the youths
were nonresidents who refused to leave the Village. Threats of extraordinary
violence and destruction beyond the scope of ordinary Halloween merriment
and pranksterism have been received by Village officials, police officers
and other citizens. The complaints received by the Police Department emphasize
that people's safety and welfare were in jeopardy. The Board of Trustees and
the Police Department believe that the only way to control the situation is
to impose a curfew which will protect people's property and well-being.
For the purposes of this article, the following terms, phrases words
and their derivations shall have the meanings given herein:
The continuous period commencing October 30 at 8:00 p.m. and ending
October 31 at 6:00 a.m. and the continuous period commencing October 31 at
8:00 p.m. and ending November 1 at 6:00 a.m.
Any person over the age of 21 who is in loco parentis to a minor.
Any person other than a parent who has legal guardianship of a minor.
Any person under the age of 18 years.
The natural or adoptive parent of a minor.
Any street, alley, highway, sidewalk, park, playground or place to
which the general public has access and a right to resort for business, entertainment
or other lawful purpose. "Public place" shall include but not be limited to
private property open to the general public for entertainment, commerce or
amusement.
During curfew hours, it shall be unlawful for any minor to be, remain,
idle, wander, stroll or play in any public place, either on foot or in any
vehicle, in, about or upon any public place in the Village unless accompanied
by a parent, guardian, custodian or other adult spouse or person having custody
or control of such minor or unless, as a result of reasonable necessity communicated
to the police by the adult, the minor is on an emergency errand or specific
business or activity directed or permitted by his parent, guardian or other
adult person having the custody and care of the minor or where the presence
of such minor is connected with or required by some employment, trade, profession
or occupation.
The restrictions upon minors set forth in § 69-5 above shall not apply to minors who are:
A.
Attending a function or entertainment of any church,
school, club or other similar organization that requires such minor to be
out at a later hour than that called for within this article, provided that
the church, school, club or other similar organization shall register in advance
with the Police Department to permit the attendance of minors past the curfew
hours. The registrant shall state the time when the function or entertainment
shall end. The minors who attend the function shall be required to be in their
homes or usual places of abode within 1/2 hour after the function is ended.
B.
Traveling directly to or from school, a religious, governmental or judicial activity, or a special function described in Subsection A.
C.
Exercising First Amendment rights for political, religious
or communicative purposes, provided that written notice, signed by the minor
and, where practicable, a parent, custodian, guardian or adult spouse, specifying
when, where and in what manner the minor will be exercising those rights,
has been delivered to the Police Department at least two hours prior to the
curfew hours.
D.
In bona fide interstate movement through the Village
or interstate travel beginning or ending in the Village, particularly on normal
routes such as Route 17M or Route 94.
It shall be unlawful for any person, firm or corporation operating or
having charge of any public place to knowingly permit or suffer the presence
in such place of minors during the curfew hours.
It shall be unlawful for the parent, guardian or other adult person
having custody or control of any minor to permit or, with actual or constructive
knowledge, to allow such minor to be on or in any public property or public
place within the Village during the curfew hours. However, the provisions
of this section do not apply to a minor accompanied by his parent, guardian,
custodian or other adult person having the care, custody or control of the
minor or if, as a result of reasonable necessity, communicated to the police
by the adult, the minor is on an emergency errand or specified business or
activity directed by his parent, guardian, custodian or other adult having
the care and custody of the minor.
A.
Any police officer, upon finding a minor in violation
of this article, shall ascertain the name and address of the minor and warn
the minor that he is in violation of curfew and shall direct the minor to
proceed at once to his or her home or usual place of abode. The police officer
shall report such action to the parents, guardian or person having custody
or control of the minor.
B.
If such minor refuses to heed the warning or direction
given by any police officer or refuses to give the police officer his correct
name and address or if the minor has been warned on a previous occasion that
he or she was in violation of curfew, such minor shall be issued an appearance
ticket, and the parent, guardian or other adult having the care and custody
of such minor shall be notified to appear with such minor at a date and time
to be determined in the appearance ticket for an appearance before the Village
of Chester Justice Court.
Any minor who violates any section of this article shall, upon conviction,
be subject to a fine not to exceed $100 for a first offense and not to exceed
$250 for each additional offense.
