Curfew

§ 104‑1 CURFEW § 104‑1

Chapter 104

CURFEW

§ 104‑1. Legislative intent.

§ 104‑2. Definitions.

§ 104‑3. Restriction upon minors during curfew hours.

§ 104‑4. Exceptions.

§ 104‑5. Responsibility of owners of public places.
§ 104‑6. Responsibility of adults, parents or guardians.
§ 104‑7. Enforcement proceedings.
§ 104‑8. Penalties for offenses.

[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 10‑26‑1992 by L.L. No. 5‑1992. Amendments noted where applicable.]

§ 104‑1. Legislative intent.

Each year during Halloween, the town is besieged by youths who rampage through sections of the town creating problems for residents and the Blooming Grove Police Department. The Police Department has determined that many of the youths were nonresidents who refused to leave the town. Threats of extraordinary violence and destruction beyond the scope of ordinary Halloween merriment and pranksterism have been received by town officials, police officers and other citizens. The complaints received by the Police Department emphasize that people's safety and welfare were in jeopardy. The Town Board and the Police Department believe that the only way to control the situation is to impose a curfew which will protect people's property and well‑being.

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§ 104‑2 BLOOMING GROVE CODE § 104‑3
CURFEW

§ 104‑2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CURFEW HOURS 2007‑ The continuous period commencing Monday, October 29 at 8:00 p.m. and ending Thursday, November 1st at 6:00 a.m.

***Note***
The Town of Blooming Grove, The Village of South Blooming Grove and the Village of Washingtonville all have the same above Curfew Hours in effect.

Curfew Hours (Amended 10-25-2004 by LL No. 5-2004)

A) The continuous period commencing October 29 at 8:00 pm and ending October
30 at 6:00 am, if so determined on an annual basis by resolution of the Town Board.

B) The continuous period commencing October 30 at 8:00 pm and ending October
31 at 6:00 am.

C) The continuous period commencing October 31 at 8:00 pm and ending November 1 at 6:00 am.

D) The continuous period commencing November 1 at 8:00 pm and ending
November 2 at 6:00 am if so determined on an annual basis by resolution of the
Town Board.

E) The continuous period commencing November 2 at 8:00 pm and ending
November 3 at 6:00 am, if so determined on an annual basis by resolution of the
Town Board.

F) Any other hours or days during the Halloween period as determined by resolution of the Town Board.

s used in this chapter, the following terms shall have the meanings indicated:

CUSTODIAN ‑ Any person over the age of 21 who is in loco parentis to a minor.

GUARDIAN ‑ Any person other than a parent who has legal guardianship of a minor.

MINOR ‑ Any person under the age of 18 years.

PARENT ‑ The natural or adoptive parent of a minor.

PUBLIC PLACE ‑ Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose; a public place shall include, but not be limited to, private property open to the general public for entertainment, commerce or amusement.

§ 104‑3. Restriction upon minors during curfew hours.

During curfew hours, it shall be unlawful for any minor to be, remain, idle, wander, stroll or play in any public place, either on foot or in any vehicle, in, about or upon any public place in the town unless accompanied by a parent, guardian, custodian or other adult spouse or person having custody or control of such minor or unless, as a result of reasonable necessity communicated to the police by the adult, the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the custody and care of the minor or where the presence of such

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§ 104‑3 CURFEW § 104‑4

minor is connected with or required by some employment, trade, profession or occupation.

§ 104‑4. Exceptions.

The restrictions upon minors set forth in § 104‑3 shall not apply to minors who are:

A. Attending a function or entertainment of any church, school, club or other similar organization that requires such minor to be out at a later hour than that called for within this chapter, provided that the church, school, club or other similar organization shall register in advance with the Police Department to permit the attendance of minors past the curfew hours. The registrant shall state the time when the function or entertainment shall end. The minors who attend the function shall be required to be in their homes or usual places of abode within 1/2 hour after the function is ended.

B. Traveling directly to or from school, a religious, governmental or judicial activity or a special function described in Subsection A.

C. Exercising First Amendment rights for political, religious or communicative purposes, provided that a written notice, signed by the minor and, where practicable, a parent, custodian, guardian or adult spouse, specifying when, where and in what manner the minor will be exercising those rights has been delivered to the Police Department at least two hours prior to the curfew hours.

D. In bona fide interstate movement through the town or interstate travel beginning or ending in the town, particularly on normal routes such as Route Nos. 208, 94, 17 and 17M.

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§ 104‑7 CURFEW § 104‑8

§ 104‑7. Enforcement proceedings.

A. Any police officer upon finding a minor in violation of this chapter shall ascertain the name and address of the minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the parents, guardian or person having custody or control of the minor.

B. If such minor refuses to heed the warning or direction given by any police officer or refuses to give the police officer his correct name and address or if the minor has been warned on a previous occasion that he or she was in violation of curfew, such minor shall be issued an appearance ticket, and the parent, guardian or other adult having the care and custody of such minor shall be notified to appear with such minor at a date and time to be determined in the appearance ticket for an appearance before the Town of Blooming Grove Justice Court.

§ 104‑8. Penalties for offenses.

Any minor who violates any section of this chapter shall, upon conviction, be subject to an assignment by the Court of community service, the hours of which shall be determined by the Court. It shall also be necessary for the parent, custodian, guardian or adult having care and custody of the minor to appear with the minor before the Justice Court at the time the appearance ticket is returnable and, where community service has been directed, shall transport the minor to the place on the date and time determined by the Court for such community service to be fulfilled.

§ 104‑7 CURFEW § 104‑8

§ 104‑7. Enforcement proceedings.

§ 104‑8. Penalties for offenses.

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