LL #13-2004NEW YORK STATE DEPARTMENT OF STATE
L oca G Law Filing 41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
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Town
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Local Law No. --------- --
4613______________________ of the year 20---D_4
A local law _-entitled _"Local _hew_ 1�IQA_��J 3 -sof__ the.-Year--MG43-.CtrfEr0--------------------
(1-,rt Tide)
Tor�m Board ------------------------------------------- of the
Be it enacted byte-----(,vamc oflegislativc Body)
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Town
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DOS -239 (Rev. 11199)
LOCAL LAW NO. # 13! OF 2004
TOWN OF WAPPINGER
A Local Law entitled "Local Law No#la of 2004, Curfew".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Tide:
This Local Law shall be known and cited as Town of Wappmger Local Law No. # 13 1 of
2004, entitled "Local Law No. j13 of 2004, Curfew" and by the adoption hereof shall create and add
Chapter 105 to the Code of the Town of Wappinger.
Section H:
The Town hereby adopts a new Chapter 105 to the Code of the Town of Wappinger to read as
follows:
"CHAPTER 105
CURFEW
§ 105-1. Title.
This chapter shall be entitled "Curfew".
§ 105-2. Legislative Intent and Purpose.
The legislative intent and purpose of this Local Law is to adopt a new Chapter in
the Town of Wappinger Code to establish a Halloween curfew to control various
activities of minors under the age of eighteen (18) on Halloween and the day
before Halloween. It has been reported to the various members of the Town
Board that a number of neighborhoods are having frequent and/ or repeated
instances of loud noise, loitering, vandalism and boisterous conduct caused by the
gathering of both residents and non-residents as a result of Halloween
celebrations. The Town Board highly values the health, safety and general welfare
of its minors and the Town has a vested interest in preserving and nurturing this
valuable investment. The Town Board determines that the physical and
psychological well-being of our minors is threatened by the increasing influence of
criminal activities and occurrences of criminal activities, boisterous conduct and
vandalism during the Halloween holiday. The Town Board further determines that
minors are particularly susceptible to be victimized and abused on Halloween in
C. Dowmab mid SWiW\Vane tWAF 1?4M Local SSS\T=pmffy htaM Fik s\OL K41i.ocd Uw.doc
public places during the late night and early morning hours and that persons under
the age of 18 years are susceptible to participating in unlawful activities during the
Halloween holiday and be victims of older perpetrators of crime by their lack of
maturity, experience and vulnerability. The Town Board further determines that
parental responsibility and supervision must be encouraged and promoted and
accordingly the Town Board finds that reasonable regulations determining the
hours of which minors under the age of 18 may be in or upon public street, parks
or other public places during the Halloween holiday will protect the juveniles of
this municipality and reinforce parental responsibility and authority. The Town
Board further determines that the darkness of late night and early morning hours
on the Holiday make it more difficult for law enforcement officers to prevent and
solve certain types of crimes, including the making of graffiti, malicious mischief,
vandalism and acts of violence perpetrated by juveniles. The Town Board has
therefore determined that in order to protect the public health, safety, general
welfare, peace and public order of the residents of the Town of Wappinger, it has
become necessary to restrict the activities of minors between 9:00 p.m. to 4:00
a.m. on the following day on October 30 and October 31 in order to help maintain
the public peace and order within public places and residential neighborhoods. It
is not the intent of this Chapter to amend any other Chapter of the Town Code.
§ 105-3. Hours of Restricted Activity.
During the evening hours of October 30 and October 31 between the hours of 9:00
p.m. to 4:00 a.m. on the following day, it shall be unlawful for any minor to
congregate, loiter, wander, remain or play in or upon any public place, public park,
public area, street, road or highway in the Town, subject to the exceptions set
forth in this Chapter.
The terms remain and loiter mean: (1) linger or stay, or (2) fail to leave premises
when requested to do so by a police officer, owner, operator or other person in
control of the premises.
Minor means any person under the age of eighteen (18) years of age.
§ 105-4. Parental Responsibility.
Subject to the exceptions set forth in this Chapter, it shall be unlawful for the
parent or legal guardian of any minor under the age of eighteen (18) years of age,
to knowingly or negligently by insufficient control, allow such minor to
congregate, loiter, wander or play, in or upon any public place in the Town of
Wappinger between the hours of 9:00 p.m. to 4:00 a.m. on the following day on
October 30 and October 31 .
§105-5. Exceptions.
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Exceptions shall be as follows:
A. When a minor is accompanied by his or her parent or legal guardian.
B. When the minor is accompanied by an adult authorized by the parent or
legal guardian of the minor.
C. When the minor is on the sidewalk abutting the minor's residence, or is on
the sidewalk or the area abutting either next door neighbor, which neighbor
has not communicated an objection to the police department or an officer
thereof.
D. When the minor is traveling in a direct route to his or her residence from
employment and carries a signed statement from the employer briefly
identifying the minor, the address of the minor's address, the address of the
minor's place of employment, the name and title of the minor's employer
who signed the statement and minor's hours of employment.
E. When the minor is traveling in a direct route to his or her residence from an
adult supervised or adult sponsored religious, school, civic, not-for-profit,
recreational or entertainment activity.
F. When the minor is in a motor vehicle with parental or legal guardian
consent for normal travel; interstate travel beginning or ending in the Town
of Wappinger is excepted.
G. When the minor is upon an emergency errand.
H. When the minor is attending or traveling in a direct route to and from an
activity involving the exercise of First Amendment rights protected by the
United States Constitution, such as the free exercise of religion, freedom of
speech, and the right of assembly. Such minor shall evidence the intention
of such exercise by exhibiting to Town Enforcement Officials a written
statement signed by such minor and countersigned by a parent or legal
guardian of such minor, with their home address and telephone number,
specifying when, where and in what manner said minor will be in a public
place at night (during the hours when this Chapter is otherwise applicable
to said minor) in the exercise of a First Amendment right specified in such
statement.
§ 105-6. Enforcement; Penalties.
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A. This Chapter shall be enforced by all Town of Wappinger Enforcement
Officers as defined in Chapter 115 of the Wappinger Town Code,
including any police officer, Dutchess County Deputy Sheriff and any
other person so authorized by Resolution of the Town Board.
B. Any person who or which violates any provision of this Chapter or any
lawful order made pursuant to this Chapter shall be subject to the payment
of a civil fine. Such persons shall include, but not be limited to, the
minor(s) who violate this Chapter and their respective parent(s) and/or
legal guardian(s). For a first violation, the amount of said fine shall not
exceed $100, and for a second and each subsequent violation, said fine
shall not exceed $250 per violation. Each day that a violation continues
shall constitute a separate and distinct violation.
C. The enforcement officer may, in his/ her discretion, issue a warning notice
for a first violation."
Section III• Sea___arab_WW
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not
affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of
this Local Law or their application to other persons or circumstances. It is hereby declared to be
the legislative intent that this Local Law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been included
therein, and if such person or circumstance to which the Local Law or part thereof is held
inapplicable, had been specifically exempt therefrom.
Section IV.. Effective Date.
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This Local Law shall become effective immediately upon filing with the Secretary of State
as provided by law.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
_ _ of 20-_0�4-
I hereby certify that the local law annexed hereto, designated as local law No. --------- -was duly passed by the
of the )(Town)( of ------Wapping-er--------------------------------------------- s� goad --------------------- on Ocr_.__I.2._____ 20 -04, in accordance with the applicable provisions of law.
(Name of Legislative Body) -
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
____ of 20------
I hereby certify that the local law annexed hereto, designated as local law No_ ----------------- _"--was duly passed by the
on -----------------
of the (County)(City)(Town)(Village) of ---------------------20___ , and was (approved)(not approved)(repassed after
-------------------------------------
(Name ofLegislaliveBody)
disapproval) by the --------------------------------------------------
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
and was deemed duly adopted on ------------------ 20----,
3. (Final adoption by referendum.)
---- of 20------
I hereby certify that the local law annexed hereto, designated as local law No. --------------------was duly passed by the
of the (County)(City)(Town)(Village) of -------------------------------------- 20 - and was (approved)(not approved)(repassed after
------------------------------ on -----------------
(Name ofLegisla(ive Body)
_____________ on------------------- 20---- • Such local law was submitted
disapproval) by the ------------------------------------
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on -----------
accordance with the applicable provisions of law.
dum and final adoption because no valid petition was filed requesting
4. (Subject to permissive referen
referendum.)
--=--- of 70------
I hereby certify that the local law annexed hereto, designated as local law No. -------------------"Was duly passed by the
-
of the (County)(City)(Town)(Village) of -------------------------- and - and was (approved)(not approved)(repassed after
-- on-------------------
(Name of Legislative Body)
----------
-------------- ______ on ------------------ 20 --- • Such local law was subject to
disapproval) by the -------------------------
(Elective ChiefExecuuve officer*)
permissive referendum and no valid petition requesting such referendum was filed'as of ------------------
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)'
5. (City local law concerning Charter revision proposed by petition.)
_ _ of 20------
I hereby certify that the local law annexed hereto, having been submitted esignated as local law lto referendum pursuant to the provisions of
- -
of the City of -------------------------------- --- -
20---- ,
section (36)(37) of the Municipal Home Rule Law, and haling neral) race eivelection held on affirmative vote of a majonty o e
qualified electors of such city voting thereon at the (p )(g
became operative.
6. (County local law concerning adoption of Charter.)
of 20------
I hereby certify that the local law annexed hereto, designated as local New York, having been submitted to the electors
--
of the County of -------------------------------------- 20-_ _ pursuant to subdivisions 5 and 7 of section 33 oft e
at the General Election of November ------------------- - - 'ed electors
Munici al Home Rule Law, and having received the affirms ctors majof the towns of said county oive vot ns dered as a unit f the >t -
P
ies of said county as a unit and a majority of the qualified e e
voting at said general election, became operative.
an other authorized form of final adoption has been followed, please provide an appropriate certification.)
(If y
I further certify that I have compared the preceding local law i hlth al rigilawnal on o filefin this dopted in the annece and that the ffi
r fin-
is acorrect transcript therefrom and of the whole of such original
dicated in paragraph ----L----- above. 'ell"_ , � [ >J
I
(Seal)
Clerk of 07County legislau;
or officer designated by local
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney or locality.)
sTATE OF NEW YORK
COUNTY OF
the undersigned, hereby certify that the foregoine local law contains the correct text and that all proper proceedings
I,
have been had or taken for the enactment of the 1
' of Wa in er
Town
Date: � ---�—
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