WHEREAS, the Common Council of the City of Middletown desires to assure the safety of the public both on the streets and in their homes during the celebration of Halloween, and,
WHEREAS, the Common Council of the City of Middletown has determined that it is in the best interest of the City of Middletown to adopt a juvenile curfew during the Halloween period and to encourage parents and guardians to supervise, control and know the whereabouts of their children during such period,
NOW THEREFORE BE IT RESOLVED AND ORDAINED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN, that during the period of October 27, 2018 through November 1, 2018 between the hours of 9:00 pm through 6:00 am on each day, commencing on October 27, 2018, it shall be unlawful for any person under the age of eighteen (18) years (hereafter referred to as “minor”) to be in any public place (including but not limited to, any street, alley, highway or other public thoroughfare, sidewalk, park, playground, store, shop, restaurant, tavern, café, theater, shopping center and any other place devoted to amusement or open to the general public) or on private property other than such minor’s home or usual place of abode, within the City of Middletown, New York, either on foot or in a vehicle, except:
1. When accompanied by a parent or guardian; or
2. When the minor is on an emergency errand; or
3. When the minor is on a specific business or activity directed by his or her parent or guardian, in writing, identifying the minor, the specific business or activity, the location or locations of such business or activity and the time when such business or activity shall end, and signed by such parent or guardian; or
4. When the presence of such minor is required in connection with some legitimate employment, trade, profession or occupation.
AND BE IT FURTHER RESOLVED AND ORDAINED, that it shall be unlawful for any person, operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours set for above,
AND BE IT FURTHER RESOLVED AND ORDAINED, that the following procedures shall be followed in the event of any violations of the above curfew:
1. Any Police or Peace Officer, upon finding a minor in violation of the prohibitions set forth above shall ascertain the name and the address of the minor and warn the minor that he or she 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 or peace officer shall report such action to the parents or guardian of the minor.
2. If such minor refuses to heed the warning or direction given by any police or peace officer or refuses to give the police or peace officer his or her 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 taken to the City of Middletown Police Station and the parent or guardian of the minor shall be notified to come and take charge of such minor and return such minor to the minor’s home or usual place of abode. Such minor, in the discretion of the Chief of Police, may also be issued an appearance ticket to appear in the Middletown City Court to answer charges of violation of the curfew, and any operator of any public place who has suffered the presence of such minor or minors may also be issued an appearance ticket to appear in the Middletown City Court to answer charges of violation of the curfew.
AND BE IT FURTHER RESOLVED AND ORDAINED, that any person violating the provisions of this Ordinance and found guilty of the same shall be fined not more than Two Hundred fifty dollars ($250.00) and/or sentenced to not more than fifteen (15) days in jail for each offense.