For the purposes of this Article, the following words and phrases
are defined as follows:
Guardian appointed by court of competent jurisdiction.
Any person under the age of seventeen (17).
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
Any act or omission by which a parent fails to exercise customary
and effective control over a minor so as to contribute to, cause or
tend to cause a minor to commit any offense.
A.Â
It shall be unlawful for any person under the age of seventeen (17)
years to be in or upon any public place or way within the Village
of Indian Point between the hours of 11:00 P.M. and 6:00 A.M. The
provisions of this Section shall not apply to any such persons accompanied
by a parent or guardian, to any such person upon an errand or other
legitimate business directed by such person's parent or guardian,
to any such person who is engaged in gainful, lawful employment during
said time period, or who is returning or in route to said employment,
or to any such person who is attending or in route to or from any
organized religious or school activity.
B.Â
Responsibility Of Parent. The parent, guardian
or other adult person having the care and custody of a person under
the age of seventeen (17) years shall not knowingly permit such person
to violate this Section.
C.Â
Notice To Parent. Any Law Enforcement Officer finding
any person under the age of seventeen (17) years violating the provisions
of this Section shall warn such person to desist immediately from
such violation and shall promptly report the violation to his/her
superior officer who shall cause a written notice to be served upon
the parent, guardian or person in charge of such person setting forth
the manner in which this Section has been violated. Any parent, guardian
or person in charge of such person who shall knowingly permit such
person to violate the provisions of this Section, after receiving
notice of the first violation, shall be guilty of an offense.
D.Â
Service Of Notice. The written notice provided in Subsection (C) may be served by leaving a copy thereof at the residence of such parent, guardian or person in charge of the person in violation of this Section with any person found at such residence over the age of seventeen (17) years or by mailing such notice to the last known address of such parent, guardian or person in charge of such person, wherever such person may be found.
A.Â
Whenever a minor shall be arrested or detained for the commission
of any offense within the Village, the Law Enforcement Officer shall,
as soon as possible thereafter, deliver written notice to the minor's
parent of the arrest or detention, and such notice shall advise the
parent of his/her responsibility under this Section. The notice shall
be in such a form as to be signed by the notified parent signifying
receipt thereof. If the parent refuses to sign said notice, the notifying
Law Enforcement Officer shall indicate such refusal on the notice.
B.Â
No parent shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any offense. Written parental notice as defined in Subsection (A) of this Section shall be prima facie evidence of parental neglect if the minor commits a second or successive violation of any offense.
C.Â
Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to a penalty as set forth in Section 100.220 of this Code. In addition, the court may, as a condition of any probation granted to any parent found guilty of violating Subsection (B) of this Section, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed two thousand dollars ($2,000.00).