This chapter shall be known as the "Lititz Borough Curfew Ordinance."
The Borough Council of the Borough of Lititz, recognizing the
problem of crimes committed by and against juveniles during the nighttime
and believing that it can be dealt with more effectively by regulating
the hours during which minors less than 18 years of age may remain
in public places and certain establishments without adult supervision
and defining more clearly certain duties and responsibilities upon
those who have the custody and responsibility for the care of such
minors, hereby enacts this chapter for the purpose of promoting the
general welfare and protecting the general public through reduction
of juvenile violence and crime within the Borough of Lititz, promoting
the safety and welfare of the Borough's citizens under the age
of 18 whose youth and inexperience renders them particularly vulnerable
to becoming participants in criminal activity and in being victimized
by perpetrators of crime, and fostering and strengthening parental
responsibility for children.
In this chapter, the following definitions shall apply:
AFTER HOURS
The period of time between the hours of 10:00 p.m. and 6:00
a.m. on Sunday through Thursday nights and 12:00 midnight and 6:00
a.m. on Friday and Saturday nights.
EMERGENCY
Unforeseen circumstances, or the status or condition resulting
therefrom, requiring immediate action to safeguard life, limb or property.
The term includes but is not limited to fires, natural disasters,
automobile accidents or other similar circumstances.
ESTABLISHMENT
Any privately owned place of business operated for profit,
including any place of amusement or entertainment to which the public
is invited.
MINOR
Any person less than 18 years of age. For the purpose of
this chapter, any person shall be deemed to be 18 years of age on
the date of his or her 18th birthday and not before this time.
OPERATOR
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment. Whenever
used in any provision prescribing a penalty, the word "operator" shall
include the members, partners, officers and managers of any firm,
association, partnership or corporation.
PARENT
The biological or adoptive parent of a minor, a legal guardian
or an adult person 21 years of age or over and who is authorized by
a minor's parent or legal guardian to be responsible, either
temporarily or permanently, for the custody or care of any minor or
for the control of such minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground,
vacant lot or any private building, structure or area to which the
public is invited or in which the public is allowed to remain.
REMAIN
To be at or stay at a place.
It shall be unlawful for a minor to remain in or upon any public
place or to remain in any motor vehicle operating or parked therein
or thereon or to remain in or upon an establishment in Lititz Borough
after hours, except as follows:
A. The minor is accompanied by a parent.
B. The minor is involved in an emergency.
C. The minor is engaged in an activity related to his or her employment
or his going to or returning home from such activity without detour
or stop.
D. The minor is on the sidewalk directly abutting a place where he or
she resides with a parent.
E. The minor is attending an activity sponsored by a school, religious
or civic organization, by a public organization or agency, or by another
similar organization or entity, which activity is supervised by adults,
and/or the minor is going to or returning from such an activity without
detour or stop.
F. Errands:
(1) The minor is on an errand at the direction of a parent and the minor
has in his or her possession a written statement signed by the parent
containing the following information:
(a)
The name, signature, address and telephone number of the parent
authorizing the errand.
(b)
The telephone number where the parent may be reached during
the errand.
(d)
A brief description of the errand.
(e)
The minor's destination(s) and the hours the minor is authorized
to be engaged in the errand.
(2) No minor or parent shall falsify the documents described above.
G. The minor is involved in interstate travel through or beginning or
terminating in the Borough of Lititz.
H. The minor is exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom
of speech and the right of assembly.
No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours, unless the minor is engaged in activity permitted in §
41-4 of this chapter. "Knowing" shall mean knows or has reason to know.
No operator of an establishment shall knowingly permit any minor
to remain upon the premises of such establishment after hours.
The Chief of Police is hereby authorized, from time to time,
to promulgate such rules and regulations, including the extension
of hours for special occasions, as in his or her opinion shall be
necessary or useful in the enforcement of this chapter. Such rules
and regulations shall, however, be subject to the approval of the
Borough Council of Lititz Borough.
Each violation of the provisions of this chapter shall constitute
a separate offense.
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception set forth in §
41-4 applies.
A. Any minor or parent who violates the provisions of this chapter for
the first time may be issued a citation. The minor may be taken into
temporary custody, in which case his or her parents or other appropriate
person shall be notified, and the minor shall be released into the
custody of the appropriate parent or parents of the minor or to a
brother or sister 18 years of age or older. If no such person is available
after reasonable efforts have been made to locate such person, then
the minor shall be released to such agencies or institutions as are
established for juvenile welfare.
B. Any minor who violates any provision of this chapter after having
received a prior violation/notice OR any parent who knowingly permits
a minor to violate any of the provisions of this chapter is guilty
of a summary offense and, upon conviction thereof, shall be subject
to a fine or imprisonment as follows:
(1) First offense: up to $25 plus court costs for a parent. For a minor,
community service as directed by the court or enrollment in the Warwick
Youth Aid Panel.
(2) Second offense: up to $50 plus court costs.
(3) Third offense: up to $100 plus court costs.
(4) Fourth offense: up to $300 plus court costs. Parents are subject
to imprisonment up to 90 days and minors to referral to the juvenile
court system.
(5) Fifth and subsequent offenses: up to $600 plus court costs. Parents
are subject to imprisonment up to 90 days and minors to referral to
the juvenile court system.
C. Any operator convicted of violating the provisions of this chapter
for the first time shall be fined $50 plus court costs and shall be
subject to imprisonment for a term not to exceed 90 days. Any operator
convicted of violating the provisions of this chapter for the second
or subsequent time shall be fined $300 plus court costs and shall
be subject to imprisonment for a term not to exceed 90 days.
This chapter and the need for it shall be reviewed annually.
By February 1 of each year, the Mayor and/or the Chief of Police of
the Borough of Lititz shall review the chapter and report and make
recommendations to the Lititz Borough Council concerning the effectiveness
of and the continuing need for this chapter. The report shall include,
but not be limited to, the following information:
A. The practicality of enforcing the chapter and any problems with enforcement
identified by the Lititz Borough Police Department.
B. The impact of this chapter and support programs on juvenile crime
statistics.
C. The number of juveniles taken into custody for curfew violations.
D. The number of official citizen complaints filed regarding the enforcement
of this chapter.