The Board of Trustees pursuant to the authority
granted it under § 4-412 of the Village Law and § 10
of the Municipal Home Rule Law of the State of New York, hereby enacts
this chapter, to be known as the "Child Curfews Law."
The Board of Trustee has determined that large
numbers of minors have been congregating in the Village during late
evening hours causing general disturbances to residents and generating
a large number of police calls and complaints. In order to reduce
juvenile crime, protect the children of this Village, reinforce parental
authority and enhance the quality of life of all residents of this
Village, it is necessary that a curfew be established to keep minors
out of public areas during late evening hours.
It shall be unlawful for any child under the
age of 16 to remain in or upon any public street, highway, sidewalk,
park, school, vacant lot or other public place in the Village of Montgomery
between the hours of 11:00 p.m. and 6:00 a.m.
The following shall constitute valid exceptions
to the operation of the curfew:
A. At any time, if the child is accompanied by his or
her parent or legal guardian.
B. Until the hour of 12:00 midnight, if the child is
on an errand as directed by his or her parent or legal guardian;
C. If the child is legally employed, for the period from
1/2 hour before to 1/2 hour after work, while going directly between
his or her home and place of employment. This exception shall also
apply if the child is in a public place during curfew hours in the
course of his or her employment. To qualify under this exception,
the child must be carrying a written statement from the employer attesting
to the place and hours of employment.
D. Until the hour of 12:00 midnight, if the child is
on the property of or the sidewalk directly adjacent to the building
in which he or she resides or the buildings immediately adjacent thereto
if the owner or tenant of the adjacent building does not object.
E. If the child is coming directly home from a school
activity or an activity of a religious or other voluntary association
or a place of public entertainment, such as a movie, play or sporting
event. This exception will apply for 1/2 hour after the completion
of such event, but in no case beyond 12:00 midnight. If the event
is not commercial in nature or does not have a fixed, publicly known
time at which it will end, the sponsoring organization must register
the event with the Police Department at least 24 hours in advance,
informing it of the time such event is scheduled to begin, the place
at which it shall be held, the time at which it shall end and the
name of the sponsoring organization.
F. If the child is exercising rights protected by the
First Amendment to the United States Constitution or its parallel
provision in the New York State Constitution, provided that the child
first has given notice to the Mayor by delivering a written communication
signed by the child and countersigned by a parent or legal guardian
of the child which specifies when, where, in what matter and for what
constitutional purpose the child will be in a public place at night
during the curfew period.
G. If the child is responding to an emergency involving
an imminent threat of substantial harm to person or property.
In the event that any word, phrase or part of
this chapter shall be declared unconstitutional, the same shall be
severed and separated from the remainder of this chapter and shall
not affect the remainder of this chapter which shall remain in full
force and effect.