[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.
A.
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.
B.
KNOWLEDGE AND CONSENT
MINOR
PREDICATE ACTS
PUBLIC PLACE
VILLAGE
As used in this chapter, the following terms shall have
the meanings indicated:
Actual or constructive knowledge, and actual or constructive consent
and shall include knowledge.
Any person of the age of 15 years or less.
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.
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.
A.
It shall be unlawful for any minor, while in a public
place to commit a predicate act.
B.
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.
A.
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.
B.
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.
C.
ln any prosecution pursuant to this chapter, the people
shall be required to prove, beyond a reasonable doubt, the following elements:
(1)
The commission of a predicate act by a minor within a
public place in the Village of Phoenix; and
(2)
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
(3)
The prior commission of a predicate act within the previous
twelve-month period.
D.
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.
