[HISTORY: Adopted by the Town Board of the
Town of Stillwater 6-20-1985 by L.L. No. 3-1985. Amendments noted where
applicable.]
The purpose of this chapter is to assist in
preserving the public peace and good order of the Town of Stillwater,
and to contribute to the public welfare, and the preservation and
protection of the persons and the property of the inhabitants of said
Town by declaring and enforcing certain regulations and restrictions
on children under the age of 18 years within the Town.
This chapter shall be known as the "Town Curfew
Law" of the Town of Stillwater.
[Amended 6-15-1995 by L.L. No. 1-1995]
No person under the age of 18 years shall be
or remain in or upon any street, alley or public place or private
property without the permission of the owner, within the Town limits
of the Town of Stillwater, between the hours of 10:00 p.m. in the
evening and 5:00 a.m. in the morning on Sundays, Mondays, Tuesdays,
Wednesdays, Thursdays, Fridays and Saturdays, unless such person is
accompanied by a parent, guardian or other person having the legal
care and custody of such minor person.
A.
No parent, guardian or other person having the legal care and custody of a child, ward or other person under the age of 16 years shall knowingly allow or permit any such child, ward or other person, while in such legal care and custody, to go or be in or upon any street, alley or public place or private property, without the permission of the owner within the Town limits of the Town of Stillwater between the hours as set forth in § 86-3 of this chapter.
B.
Every police or peace officer, while on duty, is hereby
authorized to detain any person under the age of 16 years violating
the provisions of this chapter until the parent or guardian of each
child shall take him or her into custody; but such officer shall immediately
upon taking custody of the child, communicate with the parent or guardian
unless it shall reasonably appear, upon due inquiry, that such person
has not available such parent or guardian to assert custody, in which
case such person shall be turned over to the custody of the Family
Court of the County of Saratoga.
Notwithstanding any provision in this chapter
to the contrary, the chief law enforcement official of the Town of
Stillwater, or his duly authorized agent, is hereby authorized to
issue passes to persons under 18 years of age which passes shall exempt
such persons from the provisions of this chapter for purposes of attendance
at, and travel to and from, places or other requirements of their
current employment, any municipal event and any school or religious
function or event or any functions or events operated by a duly organized
nonprofit organization. All passes so issued shall be specifically
limited to such date, time period indicated thereon to provide travel
time to and from, and attendance at, places or other requirements
of employment and such functions or events as hereinbefore described.
Passes to municipal, school, religious or nonprofit organization events
or functions shall be issued to sponsors of such events or functions
in reasonable advance thereof and the sponsors of such events or functions
shall issue them to persons under the age of 18 years of age desiring
to attend such functions or events.
A.
Any person 16 years of age or older and under the
age of 18 years who violates the provisions of this chapter shall,
on conviction, be fined in a sum of not less than $10 nor more than
$50, or by imprisonment for not more than 10 days, or by both such
fine and imprisonment.
B.
Any such parent, guardian or other person who violates
the provision of this chapter shall, on conviction, be fined in a
sum of not less than $10 nor more than $50, or by imprisonment for
not more than 10 days, or both such fine and imprisonment.
Local Law No. 1 of the year 1979 and Local Law
No. 2 of the year 1979 shall be repealed in their entirety simultaneously
with the filing of this chapter in the office of the Secretary of
State.
