[HISTORY: Adopted by the Board of Trustees of the Village
of Hilton 12-2-1991 by L.L. No. 9-1991. Amendments noted where applicable.]
The Village Board pursuant to the authority granted it under
Article 4 of the Village Law and § 10 of the Municipal Home
Rule Law of the State of New York hereby enacts the following.
The Village Board has determined that large numbers of minors
have been congregating in the Village after dark, causing general
disturbance to residents. In order to reduce juvenile crime and vandalism,
protect the children of this municipality, and reinforce parental
authority, it is necessary that a curfew be established to keep minors
out of public areas after dark.
It shall be unlawful for any child, age of 17 or under, to remain
in or upon any public street, sidewalk, highway, park, vacant lot
or other public place starting at 11:00 p.m. Sunday through Thursday,
and ending at 5:00 a.m. the next day; and starting at 11:59 p.m. Friday
and Saturday and ending at 5:00 a.m. the next day.
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, legal
guardian, or other responsible person who is over the age of 21 and
approved by the child's parent or legal guardian;
B.
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 come under this exception, the child must be carrying
a written statement from the employer attesting to the place and hours
of employment;
C.
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 1:30 a.m.
D.
If the minor is exercising first amendment rights protected by the
Constitution, such as the free exercise of religion, speech, or assembly,
provided the minor first has given notice to the Administrator by
delivering written communication signed by the minor and countersigned
by a parent of the minor which specifies when, where, in what manner,
and for what first amendment purpose the minor will be on the streets
at night during the curfew period.
Failure to comply with this chapter shall be a violation as
defined in § 55.10 of the New York State Penal Law and penalties
may be imposed thereunder and pursuant to § 80.05 of the
New York State Penal Law. Any penalties or damages recovered or imposed
under this chapter are in addition to any other remedies available
at law or equity.
