[HISTORY: Adopted by the Common Council of
the City of Norwich 11-26-1976 by Ord. No. 1-1976. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Ordinance Regulating the Presence and Conduct of Minors on
Streets and Public Places."
For the purposes of this chapter, the following
terms, phrases, words, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number the
singular number, and words in the singular number the plural number.
The word "shall" is always mandatory and not merely directory.
The City of Norwich.
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 16.
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 purpose. A public place
shall also include but not be limited to any store, shop, restaurant,
tavern, bowling alley, cafe, theater, drugstore, pool room, 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.
It shall be unlawful for any minor to remain,
idle, wander, stroll, or play in any public place either on foot or
to cruise about without a set destination in any vehicle in, about,
or upon any place in the City from 11:00 p.m. on Sunday, Monday, Tuesday,
Wednesday and Thursday to 6:00 a.m. of the following day, and between
the hours of 12:00 midnight and 6:00 a.m. Saturday and Sunday, unless
accompanied by a parent, guardian, or custodian, or unless the minor
is on an emergency errand or specific business or activity directed
or permitted by his or her parent, guardian, or custodian, or where
the presence of such minor is connected with or required by some legitimate
employment, trade, profession, or occupation.
It shall be unlawful for any person, firm, or
corporation operating or having charge of any public place to knowingly
permit or suffer the presence of minors under the age of 16 from 11:00
p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday to 6:00 a.m.
of the following day, and between the hours of 12:00 midnight and
6:00 a.m. Saturday and Sunday.
It shall be unlawful for the parent, guardian,
or custodian having custody of or control of any minor under the age
of 16 to suffer or permit or by inefficient control to allow such
person to be on the streets or sidewalks or on or in any public property
or public place within the City from 11:00 p.m. on Sunday, Monday,
Tuesday, Wednesday and Thursday to 6:00 a.m. of the following day,
and between the hours of 12:00 midnight and 6:00 a.m. Saturday and
Sunday. However, the provisions of this section do not apply to a
minor accompanied by his or her parent, guardian, or custodian, or
if the minor is on an emergency errand or specific business or activity
directed by his or her parent, guardian, or custodian, or if the parent,
guardian, or custodian has made a missing person notification to the
Police Department.
Any minor attending a special function or entertainment of any church, school, club, or other organization that requires such minor to be out at a later hour than that called for in § 211-3 shall be exempt from the provisions of § 211-3 of this chapter, provided the church, school, club, or other organization shall register in advance with the City Police to have the minors stay out to this later hour. The registrant shall state the time 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.
A.
Any police official upon finding a minor in violation of § 211-3 shall ascertain the name and address of such minor and warn the minor that he or she 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 custodian.
B.
If such minor refuses to heed such warning or direction
by any police officer or refuses to give such police officer his or
her correct name and address, or if the minor had been warned on a
previous occasion that he or she is in violation of curfew, he or
she shall be taken to the Police Department and the parent, guardian,
or custodian shall be notified to come and take charge of the minor.
C.
If the parent, guardian, or custodian cannot be located
or fails to come and take charge of the minor, the minor shall be
released to the Chenango County Department of Social Services.
Any parent, guardian, or custodian violating this chapter, after having been previously notified under § 211-7 of this chapter, or any owners of public places violating § 211-4 of this chapter, shall be fined not more than $250 or imprisoned for not more than 15 days, or both, for each offense. Also, each such violation subject to a fine shall be reported to the Chenango County Department of Social Services.
