[HISTORY: Adopted by the Board of Trustees of the Village of Fort
Plain at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Amendments noted where applicable.]
This chapter shall be entitled an "Ordinance of the Village of Fort
Plain, Montgomery County, New York, Establishing a Curfew During Nocturnal
Hours for Minor Children Under the Age of Seventeen Years."
It is hereby declared to be the policy of the Village of Fort Plain
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 Fort Plain seeks to promote the safety and general welfare
of the residents of the Village of Fort Plain 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
VILLAGE or VILLAGE OF FORT PLAIN
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 17 or, in equivalent phrasing often herein
employed, any person 16 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 many persons and accessible to the public.
To stay behind, to tarry or to stay unnecessarily upon the streets, roads, highways, public parks or other public areas, 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 § 88-5 hereof so that this is not a mere prohibitory-type curfew chapter.
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.
The Village of Fort Plain, Montgomery County, New York.
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 person
16 or less years of age (under 17) to be or loiter or remain in or upon the
streets, roads, highways, public parks or other public areas within the Village
of Fort Plain 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 nocturnal hours for which § 88-4 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 exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of religion, freedom
of speech and the right of assembly. Such minor shall evidence the intention
of such exercise by exhibiting to Police Department personnel a written statement,
signed by such minor and countersigned 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.
In case of reasonable necessity, but only after such
minor's parent has communicated to the Village Police Department personnel
the facts establishing such reasonable necessity relating to specified streets,
roads, highways, public parks or other public areas at a designated time for
a described purpose, including points of origin and destination. A copy of
such communication or of the police record thereof, duly certified by the
Chief of Police to be correct, with an appropriate notation of the time it
was received and of the names and addresses of such parent and minor, shall
be admissible evidence.
E.
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.
F.
When authorized by special permit from the Village Mayor,
carried on the person of the minor thus authorized, as follows: When necessary
nighttime activities of a minor may be inadequately provided for by other
provisions of this chapter, then recourse may be had to the Mayor of the village
for a special permit as the circumstances warrant. Upon the Mayor's finding
of necessity for the use of the streets, roads, highways, public parks or
other public areas to the extent warranted by a written application signed
by a minor and by a parent of such minor, if feasible, stating the name, address
and telephone number of a parent thereof; the height, weight, sex, color of
eyes and hair and other physical characteristics of such minor; the necessity
which requires such minor to remain upon the streets, roads, highways, public
parks or other public areas during the curfew hours otherwise applicable;
and the route to be taken and the beginning and ending of the period of time
involved by date and hour. The Mayor may grant a permit, in writing, for the
use by such minor of such streets, roads, highways, public parks or other
public areas at such hours as in the Mayor's judgment may be necessary.
In an emergency this may be handled by telephone or other effective communication
with a corresponding record being made contemporaneously, either to the Mayor
or, if unavailable, to the police officer authorized by the Mayor to act on
his behalf in an emergency, at the police station.
G.
When authorized by resolution passed by the Village Board
of Fort Plain in other similar cases of reasonable necessity, similarly handled
but adapted to necessary nighttime activities of more minors than can readily
be dealt with on an individual special permit basis by the Mayor. Normally,
such resolution by the Village Board permitting use of the streets, roads,
highways, public parks or other public areas should be passed sufficiently
in advance to permit appropriate publicity through news media and through
other agencies such as schools and shall define the activity, the scope of
the use of the street, roads, highways, public parks or other public area
permitted, the period of time involved, not to extend more than 30 minutes
beyond the time for termination of such activity, and the reason for finding
that such resolution is reasonably necessary.
H.
When the minor carries a certified card of employment,
renewable each calendar month when the facts so warrant, dated or reissued
not more than 45 days previously, signed by the Chief of Police and briefly
identifying the minor, the addresses of his home and of his place of employment
and his hours of employment.
I.
When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. This clearly exempts bona fide interstate
movement through Fort Plain. This also exempts interstate travel beginning
or ending in Fort Plain.
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 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 for 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.
