Albany Municipal Code § 8-2 Curfew for Children

[1]

Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 749 and prior 1958 Code §21.15.

[Ord. #92-10, § 2]

As used in this section:

a. Child shall mean any person who is under the age of fourteen (14) years old.

b. Loiter shall mean to delay or linger without a lawful purpose for being on the property.

[Ord. #92-10, § 2].

a. It is unlawful for any child to loiter, wander, play or remain in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public lots, vacant lots or any unsupervised place open to the public, from Sunday through Thursday between the hours of 11:00 p.m. to 5:00 a.m. the following morning and Friday and Saturday between the hours of 12:00 a.m. to 5:00 a.m. the following morning.

b. The provisions of this section do not apply when:

1. The child is accompanied by his or her parent or parents, legal guardian or other adult person having the legal care or custody of the child, or by his or her spouse eighteen (18) years of age or older;

2. The child is upon an errand directed by his or her parent or guardian or other adult person having the care and custody of the child or by his or her spouse eighteen (18) years of age or older, or is responding to an emergency with or without parental consent; or

3. The child is attending an organized associational activity, such as a school meeting, class or sporting event, religious meeting, dance, concert, theatrical performance, or similar event, or a place of public entertainment or commercial business such as a movie, play, sporting event, bookstore, restaurant, or other business, or other constitutionally protected activity, or is engaged in reasonable and direct travel to and from those activities or going to and from a private party or private residence;

4. The child is acting within the course and scope of his or her employment, or is engaged in reasonable and direct travel to and from his or her place of employment.

[Ord. #92-10, § 3]

Every police officer is hereby authorized and empowered to demand from any person, whom the officer has reasonable cause to believe is in violation of subsection 8-2.2, that such person give his or her name, address, proof of age, the name of parent, guardian or adult person having care or custody of such person, and other information reasonably necessary to determine whether such violation exists.