Marlborough City Zoning Code
CHAPTER 100
Juvenile Curfew
§ 100-1 Purpose.
It is hereby declared to be the policy of the Town of Marlborough to minimize nocturnal crime. juvenile delinquency and vandalism and to prevent the destruction and damage of both public and private property. By this chapter, the Town of Marlborough seeks to promote the safety and general welfare of the residents of the Town of Marlborough by prescribing, in accordance with prevailing community standards, regulations concerning the presence of minors on streets, roads, highways, public parks or other public areas of the Town at night, all for the good of minors, for the furtherance of family responsibility and for the public good, safety and welfare. The Board finds that a curfew for minors meets a very local need and will be a significant factor in minimizing juvenile delinquency. This chapter takes into consideration also the danger hours for nocturnal crime and for accumulations of minors with potential risks incident to immaturity. Parental responsibility for the whereabouts of children is the norm; and, as parental control increases, the likelihood of juvenile delinquency decreases; and there is a need for a nocturnal curfew for minors, to achieve under local conditions the purposes herein stated.
§ 100-2 Definitions.
As used in this chapter, the following terms shall have the meanings given herein: ADULT — Any person 18 years of age or older.
An activity which adult persons underwrite or promote and in which the adult persons take responsibility for the minor.
An activity at which adult persons are present and take full responsibility for the minor.
The shortest path of travel through a public place to reach a final destination, without any detour or stop.
An unforeseen combination of circumstances or the resulting state that requires immediate action by the minor to prevent serious bodily injury or loss of life.
A person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed by a court.
Any person under the age of 18 or any person 17 or less years of age.
A natural parent, adoptive parent, stepparent or another person or other adult having the lawful care and custody of the minor.
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, highways, streets, alleys, parks, playgrounds, shops, shopping plazas, recreational or other places, transportation facilities, vacant lots and public buildings.
§ 100-3 Prohibited acts.
Subject to the exceptions set forth in this chapter, it shall be unlawful for any minor 17 years of age or younger to congregate, loiter, wander or play in or upon any public place in the Town of Marlborough between the hours of 9:00 p.m. and 6:00 a.m. of the following day from Sunday night until Friday morning. Friday and Saturday evenings starting time will be one hour later, beginning at 10 pm.
§ 100-4 Parental responsibility.
Subject to the exceptions set forth in this chapter, it shall be unlawful for the parent or guardian of any minor 17 years of age or younger 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 Marlborough between the hours as specified in this chapter.
§ 100-5 Exceptions.
Exceptions shall be as follows:
When a minor is accompanied by his or her parent or guardian.
When the minor is accompanied by an adult authorized by the parent or guardian of the minor.
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.
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 residence, the address of the minor's place of employment, the name and title of the minor's employer who signed the statement and the minor's hours of employment.
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.
When the minor is in a motor vehicle with parental or guardian consent for normal travel: interstate travel beginning or ending in the Town of Marlborough is excepted.
When the minor is upon an emergency errand.
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 Police Department personnel a written statement signed by such minor and countersigned by a parent 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 hours when this chapter is otherwise applicable to said minor) in the exercise of a First Amendment right specified in such statement.
§ 100-6 Police procedures.
Following strictly the applicable provisions of the Family Court Act, police officers are hereby authorized to detain any minor for the purpose of determining their status and whether the health, safety or welfare of such minor has been endangered as a result of a violation of the provisions of this chapter. The parent, guardian or adult having the care and custody of such minor shall be promptly notified as to the location that such minor can be picked up.
§ 100-7 Penalties for offenses.
Any person convicted for violating any provision of this chapter shall be guilty of a violation punishable by a fine of not more than $250, 15 days' imprisonment, or both.
§ 100-8 Severability.
If any section, subsection, sentence, clause or phrase of this regulation is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this regulation.
The Town of Marlborough Town Board declares that they would have passed this regulation and every section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.