[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 11-9-1976 by L.L. No. 1-1976 (Ch. 70 of the 1992
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 174.
The Village of Brewster Board of Trustees takes
recognition of requests by the Village Police Department and residents
of the Village of Brewster to impose a curfew on minors.
No person under the age of 16 years shall be
or remain in or upon any streets, sidewalks, alleys or public places
of the Village of Brewster, New York, between the hours of 11:30 p.m.
and dawn unless such person is accompanied by a parent, guardian or
other person having the legal control or custody of such minor person
or unless the employment of such person makes it necessary to be upon
said streets, alleys or public places during the nighttime after said
specified hours, provided that the exception shall not apply when
the person under age shall be playing or unnecessarily loitering in
or upon such street, alley or public place.
[Amended 3-4-2009 by L.L. No. 1-2009]
The provisions of this chapter shall not apply
to any minor below the age of 16 years who is married or who has been
married; who is in a vehicle involved in interstate travel; who is
involved in an emergency; who is on a sidewalk abutting his/her residence
or at a next-door neighbor; who shall be gainfully employed during
these hours; who shall be a bona fide student of a school of evening
instruction; or who shall be in attendance at a function sponsored
by a religious or school organization or a properly supervised recreational
program or social event, including the time necessarily required to
travel between such minor's residence and the place of assembly.
Nothing in § 110-2 or 110-3 shall be so construed as to authorize the arrest of any such minor person who shall have in his possession a written or printed permit signed by the parent or guardian or person having the legal custody of such minor person and dated in ink for the day it is to be used, which said permit shall state that said minor person is absent from home for some necessary purpose. But, in order that said permit shall exempt such minor person from arrest on the evening for which it is dated, said minor person shall not be found unnecessarily loitering or playing upon any of the streets, alleys or public places of the Village.
[Amended 3-4-2009 by L.L. No. 1-2009]
It is hereby declared to be unlawful for any parent, guardian or other person having the legal care, custody or control of a person under the age of 16 years to allow or permit any such child, ward or other person under such age, while in such legal custody, to go or be in or upon any of the streets, alleys or public places of this Village after the hour prohibited by § 110-2, unless there exists a reasonable necessity therefor and they shall have furnished said minor person with the permit hereinbefore specified.
[Amended 5-20-1992 by L.L. No. 1-1992]
Any minor violating the provisions of §§ 110-1 and 110-2 shall be dealt with in accordance with the Family Court Act of the State of New York. Any parent, guardian or other adult person having the care and custody of the minor violating §§ 110-1 and 110-2 shall be punishable for each offense by a penalty of not more than $250 or by imprisonment for not more than 15 days, or both.
[Amended 3-4-2009 by L.L. No. 1-2009]
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
