NCJ Number
153039
Journal
NY COM Municipal Bulletin Dated: (December 1990) Pages: 31-34
Date Published
1990
Length
4 pages
Annotation
Many municipalities are enacting juvenile curfews in order to regulate the nighttime activities of its younger residents and to prevent or limit incidents of juvenile delinquency; other cities are looking into alternative methods such as antinuisance laws to protect their communities.
Abstract
Municipalities in New York State are empowered to make local laws not inconsistent with the Constitution or with any general law. When enacting a curfew, the municipality must draft the local law to withstand constitutional challenges, which have been presented on the grounds that such laws exceed the bounds of reasonableness in protecting the public safety and infringe on minors' individual rights The constitutionality issue is complicated by the current lack of State and Federal court decisions regarding curfews. Furthermore, a curfew ordinance could be challenged if it is perceived that police officers enforce it in a discriminatory manner. The model curfew law law outlined here includes a statement of authority, statement of purpose and finding, restrictions, exemptions, violations, severability, and effective date. 13 notes