[HISTORY: Adopted by the Board of Trustees of the Village of Harriman
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 99.
[Adopted 10-26-1992 by L.L. No. 4-1992]
Each year on Halloween, October 31, the village is besieged by youths
who rampage through sections of the village creating problems for residents
and the Harriman Police Department. In 1991, the complaints received from
Harriman residents were the greatest in many years. To complicate the situation,
the Police Department has determined that many of the youths were nonresidents
who refused to leave the village due to the fact that there was no law requiring
them to be off the streets on Halloween night. The complaints received by
the Police Department emphasize that the village people's safety and
welfare were in jeopardy. The Village Board 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 chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
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.
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 purposes. A "public place" shall include but not be limited
to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore,
poolroom, shopping center and any other place devoted to amusement or open
to the general public. It shall also include the front or immediate area of
the above.
The Village of Harriman.
During the evening hours of October 30 and October 31 from 8:00 p.m.
to 6:00 a.m. and ending on November 1 at 6:00 a.m., or any other period that
the Village Board deems necessary, it shall be unlawful for any minor to remain
idle, wander, stroll or play in any public place, either on foot or cruising
about without a set destination in any vehicle, in, about or upon any place
in the village between the hours of 8:00 p.m. and 6:00 a.m. of the following
morning unless accompanied by a parent, guardian, custodian or other adult
person having custody or control of such minor or unless 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 legitimate employment, trade, profession or occupation.
Any minor attending a special 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 chapter shall be exempt
from the provisions of this chapter, provided that the church, school, club
or other similar organization shall register in advance with the Village Police
Department to have the minors involved stay out to this later hour. The registrant
shall state the time when the function or entertainment shall end, and 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.
It shall be unlawful for any person, business or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of 18 at the times and dates specified in § 92-3 of this chapter.
It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of 18 to permit or, by inefficient control, to allow such minor to be on the streets or sidewalks or on or in any public property or public place or to cruise within the village on the dates and times specified in § 92-3 of this chapter. 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 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 or if the parent, guardian, custodian or other adult person herein has made a missing person notification to the Village Police Department.
A.
Any police officer, upon finding a minor in violation
of this chapter, 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 Harriman Court.
C.
In the event that the minor is under the age of 16, then
the police officer shall petition the minor to the diversion unit of the Orange
County Probation Department for adjudication.
Any minor who violates any section of this chapter shall, upon conviction,
be subject to an assignment by the court to community service, the hours of
which shall be determined by the court. It shall also be necessary for the
parent to appear with the minor before the Village Court at the time the appearance
ticket is returnable, and the parent shall be required, where community service
has been directed, to transport the minor to a place on the date and time
determined by the court for such community service to be fulfilled.
