[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 8-6-1998 by L.L. No. 7-1998. Amendments noted where
applicable.]
GENERAL REFERENCES
Public assemblies — See Ch. 32.
This chapter shall be known as the "Curfew Law"
of the Town of Wawarsing.
The Town Board of the Town of Wawarsing has
determined that there has been an increase in juvenile criminal activity
in the Town of Wawarsing and that persons under the age of 18 years
are particularly susceptible by their lack of maturity and experience
to participate in unlawful activities and to be victims of older perpetrators
of crimes. The Town Board of the Town of Wawarsing desires to provide
for the protection of juveniles from each other and from other persons;
for the enforcement of parental control and responsibility for their
children; for the protection of the general public; and for the reduction
of the incidence of juvenile criminal activities. As such, it is the
determination of the Town Board of the Town of Wawarsing that a nighttime
curfew for those under 18 years of age will be in the interest of
the public health, safety and general welfare, and will help to attain
the foregoing objectives and to diminish the undesirable impact of
such conduct on the citizens of the Town of Wawarsing.
[Amended 6-3-1999 by L.L. No. 3-1999]
A.
Subject to the exceptions set forth in § 44-5, it shall be unlawful for any minor under the age of 18 years of age to congregate, loiter, wander or play in or upon any public place between the hours of 10:00 p.m. and 5:00 a.m. of the following day, except on weekends when such restricted hours shall be from 11:00 p.m. on Friday and Saturday to 5:00 a.m. the following day.
B.
Subject to the exceptions set forth in § 44-5, it shall be unlawful for any parent or guardian to knowingly permit or, by insufficient control, allow any minor under the age of 18 years of age to congregate, loiter, wander or play in or upon any public place between the hours of 10:00 p.m. and 5:00 a.m. of the following, day, except on weekends when such restricted hours shall be from 11:00 p.m. on Friday and Saturday to 5:00 a.m. the following day.
As used in this chapter, the following terms
shall have the meanings indicated:
To go along with or to be associated with under individualized
supervision.
Any person 18 years of age or older.
Adult persons underwrite or promote an activity and the adult
persons take responsibility for the minor.
Adult persons are present at the activity and the adult persons
take full responsibility for the minor.
The shortest path of travel through a public place to reach
a final destination, without any detour or stop.
An unforeseen combination of circumstances or the resulting
state that requires immediate action by the minor to prevent serious
bodily injury or loss of life.
A person who, under court order, is the guardian of the person
of the minor, or a public or private agency with whom a minor has
been placed by a court.
A natural parent, adoptive parent, stepparent or another
person, or other adult person having the lawful care and custody of
the minor.
Any place to which the public or a substantial group of the
public has access and includes but is not limited to highways, streets,
alleys, parks, playgrounds, shops, shopping plazas, transportation
facilities, vacant lots, hospitals and public buildings.
Any person younger than 18 years of age.
Exceptions shall be as follows:
A.
When the minor is traveling in a direct
route to his or her residency from employment and carries a signed
statement from the employer briefly identifying the address of the
minor's residency, the address of the minor's place of employment,
the name and the title of the minor's employer who signed the statement
and the minor's hours of employment.
B.
When the minor is travelling in a direct route to
his or her residency from an adult-supervised or adult-sponsored religious,
school, civic, not-for-profit, recreational or entertainment activity
or adult-supervised or -sponsored dance.
C.
When the minor is accompanied by his or her parent
or guardian.
D.
When the minor is accompanied by an adult authorized
in writing by the parent or guardian of the minor.
E.
When the minor is in a motor vehicle with parental
or guardian consent for normal travel.
F.
When the minor is upon an emergency errand.
G.
When the minor is attending or travelling in a direct
route to or from an activity involving the exercise of First Amendment
rights protected by the United States Constitution or the Constitution
of the State of New York.
Following strictly the applicable provisions
of the Family Court Act, law enforcement agencies are hereby authorized
to detain any minor for the purpose of determining his or her status,
and whether the health, safety or welfare of such minor has been endangered
as a result of a violation of the provisions of this chapter. The
parent, guardian or adult having the care and custody of such minor
shall be promptly notified as to the location that such minor can
be picked up.
[Amended 6-3-1999 by L.L. No. 3-1999]
A.
A parent or guardian found in violation of this chapter
shall, upon conviction thereof, be guilty of a violation punishable
by fine not exceeding $250 or imprisonment not to exceed 15 days,
or by both such fine and imprisonment.
B.
Any minor found in violation of this chapter who is
at least 16 years of age may be sentenced to a term of community service
as determined by the Court.
