- The Board of Trustees of the Village of Brocton hereby finds that there has been a significant breakdown in the supervision normally provided by certain parents and guidance for juveniles under eighteen (18) years of age resulting in juveniles being involved in a wide range of unacceptable behavior, including vandalism, noisy and rowdy behavior, breaking and entering, public drinking and littering and harassment of residents.
- The Board of Trustees further finds that the offensive activities of the juveniles are not easily controlled by existing laws because the activities are easily concealed whenever police officers are present and that the establishment of reasonable curfew regulations will enable the community to better control the free and unobstructed access to the streets and public places by the majority of residents and will enable the police to set reasonably and fairly to prevent the violation of laws by juveniles.
SECTION II : AMENDED PROVISIONS
SECTION III : DEFINITIONS AND WORD USAGE
PUBLIC PLACE — Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
SECTION IV : ESTABLISHMENT OF CURFEW FOR JUVENILES
It shall be unlawful for any juvenile to be or remain on or upon any public place within the Village of Brocton between the following hours:
- Beginning at 10:00 PM on Friday and Saturday nights and extending until 6:00 AM on the following day.
- Beginning at 9:00 PM on all other nights and extending until 6:00 AM the following day.
SECTION V : EXCEPTIONS
A juvenile on the street during the hours referred to in the previous section shall not be considered in violation of this chapter under the following circumstances:
- When accompanied by a parent or guardian of such juvenile.
- In case of reasonable necessity for the juvenile remaining on the streets, provided that the juvenile is actually proceeding to a lawful destination without delay.
- When returning home without delay after the termination of a school or village sponsored activity or an activity of a religious or other voluntary association, provided that the juvenile has in the juvenile’s possession a written communication, signed by the juvenile and countersigned by a parent or guardian of the juvenile with their home address and telephone number indicating the place and probable time of termination of the activity.
- When the juvenile is with parental consent, in a motor vehicle. This contemplates normal travel. It is the intention of this provision to clearly exempt bona fide interstate movements along major routes through the Village of Brocton and interstate travel beginning or ending in the Village of Brocton.
- When engaged in or traveling to or from a place of employment.
- When engaged in an errand involving a medical emergency.
SECTION VI : PARENTAL RESPONSIBILITY
When a juvenile under the age of 16 years is in violation of this chapter, a notice of the violation shall be sent to the parent or legal guardian, by certified mail return receipt requested, or by personal service to such parent or legal guardian by the Sheriff or other Police Agency with jurisdiction in the Village of Brocton.
If at any time following the service of the notice as provided herein, the same juvenile is again found to be in violation of this chapter, it shall be presumed, that the juvenile committed such subsequent violation with the knowledge, allowance, permission or sufferance of the parent or legal guardian of said juvenile which said parent or legal guardian shall thereafter be charged with a violation of this chapter.
SECTION VII : NOTICE
Notice of the existence of this chapter and of the curfew regulations established by it shall be posted in or about such public or quasi-public places as may be determined by the Sheriff or the Sheriff’s designate in order that the public may be informed of the existence of this chapter and its regulations.
SECTION VIII :— PRECEDURES FOR MINORS; PENALTIES.
Juveniles under the age of 16; any juvenile under the age of 16 years in violation of any provision of this chapter shall come within the provision of Article 7 of the Family Court Act, Titled: Persons in Need of Supervision.
Juveniles 16 years of age and under 18 years of age and charged with any violation of this chapter shall upon conviction be fined not less than twenty-five dollars ($25.00) nor more than two hundred and fifty dollars ($250.00) or imprisoned for not more than fifteen (15) days or both.
SECTION III : EFFECTIVE DATE
This Local Law should take effect on a passage by the Village Board and filing with the Secretary of State in a manner provided by law.
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