[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake 11-13-2000 by L.L. No. 2-2000. Amendments noted where
applicable.]
GENERAL REFERENCES
Parental responsibility — See Ch. 73.
The Village Board of Trustees has become aware of the increased
incidence of acts of vandalism, criminal mischief and similar offenses
perpetrated by minors. The Village Board of Trustees believes that
minors are particularly susceptible, by their lack of maturity and
experience, to become the victims of unlawful activities or otherwise
participate in unlawful activities. It is believed that a curfew for
minors will be in the interest of the health, safety, and general
welfare of the community.
As used in this chapter, the following terms shall have the
indicated meanings:
To be in the presence of, or be associated with, under individualized
supervision.
Any person 18 years of age or older.
Any activity underwritten or promoted by adults who assume
responsibility for the minor(s) involved.
Any activity where adults are present at the activity and
assume responsibility for the minor(s) involved.
The shortest reasonable path through a public place to reach
an intended final destination without detour or delay.
An unforeseen combination of circumstances, or the state
resulting state therefrom, that requires intermediate action by a
minor in order to prevent loss of life, serious injury or significant
property damage.
A person appointed guardian, or awarded custody of a minor
by a court of competent jurisdiction.
A person under 18 years of age.
A natural parent, adoptive parent, step-parent, or other
adult having lawful care and custody of a minor.
My place, to which the general public, or a substantial portion
of the general public has access, to include, but not be limited to,
roadways, highways, streets, parking lots, shopping areas, transportation
facilities; vacant lots; playgrounds; and public buildings.
Subject to the enumerated exceptions set forth in § 72-5 of this chapter, it shall be unlawful for any minor to congregate, loiter, wander or play in, or upon, any public place between the evening hours of 10:00 p.m. and 6:00 a.m.
Subject to the enumerated exceptions set forth in § 72-5 of this chapter, it shall be unlawful for the parent or legal guardian of any minor to knowingly, or negligently by virtue of insufficient control, allow such minor to congregate, loiter, wander or play in, or upon, any public place between the evening hours of 10:00 p.m. and 6:00 a.m.
The recognized enumerated exceptions are as follows;
A.
When the minor is traveling in a direct route to or from his or her
place of employment to place of residency, and the minor is in possession
of a statement from the relevant employer indicating the identity
and address of the minor; the identity and address of the employer;
and the hours of employment.
B.
When the minor is traveling in a direct route from an adult-sponsored,
or an adult-supervised, religious; school: civic; charitable; or not-for-profit
recreational activity to place of residency.
C.
When the minor is accompanied by a parent or legal guardian.
D.
When the minor is accompanied by an adult, who is over the age of
21 years, and is authorized to do so by the parent or legal guardian
of the minor.
E.
When the minor is in a motor vehicle with the consent of a parent
or legal guardian for the purposes of normal travel, over a direct
route, to, or from, a location outside of the boundaries of the Village
of Greenwood Lake, Inc.
F.
When the minor is engaged in an emergency errand.
G.
When the minor is engaged in, or travelling to, an activity involving
the exercise of rights protected by the First Amendment to the United
States Constitution.
H.
When the minor is married, or had been married, or had the disabilities
of minority removed in accordance with the laws of the State of New
York.
A.
Following strictly the applicable provisions of the Family Court
Act, police officers are hereby authorized to detain any minor for
the purpose of determining the status of the minor in accordance with
the provisions of this chapter, and whether the health, safety or
welfare of the minor has been endangered as a result of a violation
of the provisions of this chapter. The parent, legal guardian or adult
exercising care and custody over the minor shall be promptly notified
as to the location where such minor can be picked up.
A.
A parent, legal guardian, or other person who violates the provisions
set forth in this chapter shall be subject to a fine of not more than
$250 or imprisonment not to exceed 15 days.
B.
Any minor, who violates the provisions set forth in this chapter,
may be required to perform a term of community service as may be directed
by the Chief of Police of the Village of Greenwood Lake, Inc., or
competent judicial authority.
