[HISTORY: Adopted by the Town Board of the Town of Rosendale6-12-1985by L.L.
No. 1-1985.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 30, Curfew,
adopted 2-9-1977 by L.L. No. 1-1977.
A.
It shall be unlawful and a violation of this chapter
for any person under the age of 18 years of age to be or remain in or upon
any of the streets, alleys, parks or public places within the Town limits
of the Town of Rosendale after 10:00 p.m. and prior to 5:30 a.m. unaccompanied
by a parent, guardian or other person having the legal custody of such minor
person.
B.
The above does not apply to persons under 18 whose employment
makes it necessary to be upon such streets, alleys, parks or public places
during the nighttime after such specified hour and/or who are going to or
returning from gainful employment or returning from a social or school function,
provided that the foregoing is accomplished in a quiet, peaceful manner via
a direct route.
It shall be unlawful for any parent, guardian or other person to the legal care and custody of any person under 18 years of age to allow or permit any such child, ward or other person under such age while in his legal custody to go or be in or upon any of the streets, alleys, parks or public places in the Town of Rosendale after the hour above mentioned in § 30-1A, except as provided in § 30-1B herein.
Every police and/or peace officer, while on duty or while assisting another police and/or peace officer on duty, is hereby authorized to arrest without warrant any person willfully violating the provisions of this chapter and detain such person for a reasonable time in which a complaint can be made and a warrant issued and served. No child or minor person arrested under the provisions of this section shall be placed in confinement other than being detained in some private room at police headquarters until the parents, guardian or other person having legal control and custody of such child or minor person shall have been personally notified of such arrest and shall have refused to be held responsible for the observance of the provisions of § 30-1 of this chapter by such child or minor person. In all instances, each officer shall immediately, upon taking custody of the child, communicate with the parent or guardian, unless it shall reasonably appear, under due inquiry, that such child has not available such parent or guardian to assert custody. In the event that such child has not available such parent or guardian or person having legal custody to assert custody or in the event that such parent or guardian or person having legal custody refuses to take such child into their custody, a Town Justice of the Town of Rosendale shall be contacted to make arrangements for accommodations for said child at an authorized institution pending the child being turned over to the custody of the Family Court of the County of Ulster.
Any violation of this chapter shall constitute disorderly conduct, and
any person guilty of violating this chapter shall be a disorderly person and
shall be subject to arrest and detention with or without process by any police
and/or peace officer in whose presence such violation was committed, and such
violations shall be punishable by a fine not to exceed $50 for each and every
offense.
