[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 10-21-2003 by L.L. No. 5-2003. Amendments noted where applicable.]
The Village Board of Trustees, pursuant to the authority granted it under Article 10 of the Municipal Home Rule Law of the State of New York, hereby enacts this chapter.
The Village Board of Trustees has determined that minors have been congregating and causing general disturbances and committing acts which would be, if committed by adults, violations of the Penal Law, the Alcohol Beverage Control Law of the State of New York and local laws of the Village of Phoenix, New York. In an effort to reduce juvenile crime, protect the children of this municipality and reinforce parental and guardian authority as well as ensure parental and guardian responsibility, it is necessary to establish the responsibility for the acts of minors and their parents or legal guardians.
For the purpose of this chapter, the following terms, phrases, words and their definitions shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural, words in the masculine include the female.
As used in this chapter, the following terms shall have the meanings indicated:
- KNOWLEDGE AND CONSENT
- Actual or constructive knowledge, and actual or constructive consent and shall include knowledge.
- Any person of the age of 15 years or less.
- PREDICATE ACTS
- Any act committed by a minor in a public place within the Village of Phoenix which, if committed by an adult would constitute trespass (as defined by Penal Law § 140.05), harassment (as defined by Penal Law § 240.26), disorderly conduct (as defined by Penal Law § 221.05), appearance in a public place under the influence of narcotics or drugs other than alcohol (as defined in Penal Law § 240.40), loitering (as defined in Penal Law § 240.35) possession or consumption of an alcoholic beverage by a person under 21 years of age, (as defined in Alcoholic Beverage Control Law), or any violation of local Village law.
- PUBLIC PLACE
- Any public street, avenue, highway, road, sidewalk, parking lot, park, playground, or any other public place as defined in § 240.00, Subdivision 1 of the Penal Law of the State of New York.
- Village of Phoenix.
It shall be unlawful for any minor, while in a public place to commit a predicate act.
It shall be unlawful for any parent or legal guardian of a minor to knowingly consent or permit said minor to be in a public place within the Village of Phoenix so as to allow or permit or provide the minor with the opportunity to commit a predicate act. It shall be unlawful for a parent or guardian to fail to exercise reasonable diligence in the care and control of the activities of said minor.
Any police officer who has probable cause to believe that a minor has committed a predicate act within a public place may take such minor to the residence of a parent or guardian having custody of such minor, or as may be necessary, to police headquarters, where the minor's parent(s) or guardian(s) shall be immediately contacted. Said minor shall be held until a parent or guardian arrives to take such minor into his or her custody. As soon as practicable, said parent or guardian shall be given a copy of this chapter and a written notice indicating that a violation of this chapter may have occurred. Such written notice shall be personally served upon the parent or guardian having custody of the minor who is believed to have committed such predicate act.
Upon probable cause to believe that a predicate act has been committed by a minor within 12 months of the previous commission of a predicate act by said minor, where written letter was personally served in connection therewith, a summons may be issued to the parent or guardian having custody of such minor requiring such parent or guardian to appear in the Town of Schroeppel Court.
ln any prosecution pursuant to this chapter, the people shall be required to prove, beyond a reasonable doubt, the following elements:
The commission of a predicate act by a minor within a public place in the Village of Phoenix; and
The knowledge of and consent to the commission of a said predicate act on the part of the parent or guardian having custody of said minor; and
The prior commission of a predicate act within the previous twelve-month period.
A reputable presumption of constructive knowledge and consent on the part of the said parent or guardian shall be established by proof that said parent or guardian has been personally served with a written warning letter as set forth herein with the twelve-month period, and by proof of the commission of a prior predicate act within the previous twelve-month period which also required that the minor be transported by the Village of Phoenix Police, the Oswego County Sheriff's Department or the New York State Police, to the residence of said parent or guardian, or the Village of Phoenix Police Headquarters, the Oswego County Sheriff's Office or the New York State Police Barracks.
Upon conviction of a violation of this chapter, a person shall be subject to a fine of not less than $50 and not more than $100. Upon conviction of a second violation within a twelve-month period, a person shall be subject to a fine of not less than $75 and not more than $150 or imprisonment of not more than 15 days, or both such fine and imprisonment.