[Adopted at time of adoption of Code]
This Article shall be known and may be cited as the "West Hempfield
Township Curfew Ordinance."
This is an updating of the township's Curfew Ordinance prescribing,
in accordance with prevailing community standards, regulations for the conduct
of minors on streets at night, effectively enforced, taught in the homes,
internalized and adhered to for generations, all for the good of minors, for
the furtherance of family responsibility and for the public good, safety and
welfare.
It shall be unlawful for any person 17 or less years of age (under 18)
to be or remain in or upon the streets within the Township of West Hempfield
at night during the period ending at 6:00 a.m. and beginning:
A. At 10:00 p.m. for minors 11 or less years of age;
B. At 10:30 p.m. for minors 12 or 13 years of age; and,
C. At 11:00 p.m. for minors 14 or more years of age.
In the following exceptional cases, a minor on a township street during the nocturnal hours for which §
60-5 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this Article.
A. When accompanied by a parent of such minor.
B. When accompanied by an adult authorized by a parent of
such minor to take said parent's place in accompanying said minor for a designated
period of time and purpose within a specified area.
C. When 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. Such minor shall evidence the bona fides
of such exercise by first delivering, to the Township Office at 3401 Marietta
Avenue, where and by whom high priority messages to the Chief of Police are
regularly received, a written communication, signed by such minor and countersigned,
if practicable, by a parent of such minor with their home address and telephone
number, addressed to the Chief of Police of the township, specifying when,
where and in what manner said minor will be on the streets at night (during
hours when this Article is otherwise applicable to said minor) in the exercise
of a First Amendment right specified in such communication.
D. In case of reasonable necessity but only after such minor's
parent has communicated to the township police station personnel the facts
establishing such reasonable necessity relating to specified streets at a
designated time for a described purpose, including points of origin and destination.
A copy of such communication or of the police record therefor, duly certified
by the Chief of Police to be correct, with an appropriate notation of the
time it was received and of the names and address of such parent and minor,
shall be admissible evidence.
E. When the minor is on the sidewalk of the place where
such minor resides or on the sidewalk of either next-door neighbor, not communicating
an objection to the police officer.
F. When returning home, by a direct route from (and within
30 minutes of the termination of) a school activity or an activity of a religious
or other voluntary association of which prior notice, indicating the place
and probable time of termination, has been given, in writing, to and duly
filed for immediate reference by the Chief of Police or the officer assigned
by him on duty at the police station, thus encouraging (here as in other exceptional
situations) conduct on the part of minors involved in such activities and
striking a fair balance for any somewhat conflicting interests.
G. When authorized by special permit from the Chief of Police, carried on the person of the minor thus authorized, as follows: When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this Article, then recourse may be had to the Chief of Police of the township either for a regulation as provided in Subsection
H or for a special permit as the circumstances warrant. Upon the Chief's finding of necessity for the use of the streets to the extent warranted by a written application signed by a minor and by a parent of such minor, if feasible, stating the following, the Chief of Police may grant a permit, in writing, for the use by such minor of such streets at such hours as in the Chief of Police's opinion may reasonably be necessary. In an emergency this may be handled by telephone or other effective communication, with a corresponding record being made contemporaneously, either to the Chief of Police or, if unavailable, to the police officer authorized by the Chief of Police to act on his behalf in an emergency, at the police station.
(1) The name, age and address of such minor.
(2) The name, addresses and telephone number of a parent
thereof.
(3) The height, weight, sex, color of eyes and hair and other
physical characteristics of such minor.
(4) The necessity which requires such minor to remain upon
the streets during the curfew hours otherwise applicable.
(5) The street or route and the beginning and ending of the
period of time involved by date and hour.
H. When authorized, by regulation issued by the Chief of
Police in other similar cases of reasonable necessity, similarly handled but
adapted to necessary nighttime activities of more minors than can readily
be dealt with on an individual special permit basis. Such regulation by the
Chief of Police permitting use of the streets should be issued sufficiently
in advance to permit appropriate publicity through news media and through
other agencies such as the schools and shall define the activity, the scope
of the use of the streets permitted, the period of time involved, not to extend
more than 30 minutes beyond the time for termination of such activity, and
the reason for finding that such regulation is reasonably necessary and is
consistent with the purposes of this Article.
I. When the minor carries a certified card of employment,
renewable each calendar month when the current facts so warrant, dated or
reissued not more than 45 days previously, signed by the Chief of Police and
briefly identifying the minor, the addresses of his home and of his place
of employment and his hours of employment.
J. When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. From excess of caution, this clearly
exempts bona fide interstate movement through West Hempfield Township. This
also exempts interstate travel beginning or ending in West Hempfield.
K. When the minor is 17 years of age, if and when the Chief
of Police shall have determined, by formal rule first reported to the Board
of Supervisors, spread upon its minutes and so reported in the press, finding
the facts as to the extent (minimal) of juvenile delinquency in such age group
permitting such rule, currently, in the best interest of said minors and the
township, finding that this Article should be relaxed, then the Chief of Police
by such formal rule, covering a period of time designated therein or until
recision thereof not exceeding one year from the date thereof, may take appropriate
action excepting designated minors, minors in a defined group or area or all
minors (as the current facts may warrant) 17 years of age at that date or
attaining 17 years of age during the period that such formal rule is and remains
in effect.
It shall be unlawful for a parent having legal custody of a minor knowingly
to permit or by inefficient control to allow such minor to be or remain upon
any township street under circumstances not constituting an exception to or
otherwise beyond the scope of this Article. The term "knowingly" includes
knowledge which a parent should reasonably be expected to have concerning
the whereabouts of a minor in that parent's legal custody. It is intended
to continue to keep neglectful or careless parents up to a reasonable community
standard of parental responsibility through an objective test. It shall, a
fortiori, be no defense that a parent was completely indifferent to the activities
or conduct or whereabouts of such minor.
Prevailing community standards, and the real internalization thereof
or interpersonal sanctions therefor that in practice count for much, as to
when minors should be off the streets, reflected in this Article, are hereby
undergirded with the following legal sanctions:
A. If, after the warning notice pursuant to §
60-8 of a first violation by a minor, a parent violates §
60-7 (in connection with a second violation by said minor), this shall be treated as a first offense by the parent. Any parent who has violated or permitted the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding commenced by the township, pay a fine of not less than $25 for the first violation, not less than $50 for the second violation, and not less than $75 nor more than $1,000 for the third and successive violations, plus all court costs. Any fine and award of costs shall be in addition to the remedies provided in §
60-9B of this article.
[Amended 9-3-1996 by Ord.
No. 3-96; 5-6-1997 by Ord.
No. 6-97]
B. Any minor who shall violate any of the provisions of
this Article more than three times shall be reported by the Chief of Police
to the appropriate agency whose purpose it is to take charge of dependent
and delinquent children and proceedings shall then be taken, under the Juvenile
Act, 42 Pa.C.S.A. § 6301 et seq., before the juvenile court for
the treatment, supervision and rehabilitation of such minor.
C. A like procedure, before the juvenile authorities, shall
be followed in any case where the imposing of a fine or fines upon a parent
shall not be effective or where for any other reason the provisions of this
Article cannot be made effective by the imposing of penalties under this section.
From excess of caution, the Chief of Police is authorized to give advisory
opinions, in writing or immediately reduced to writing, which shall be binding
and shall be adhered to by the police until this Article is amended in such
respect, interpreting terms, phrases, parts or any provisions. Normally such
advisory opinions shall be in response to good faith, signed letters addressed
to him at the township administration building, questioning as ambiguous;
as having a potentially chilling effect on constitutional rights specifically
invoked; or as otherwise invalid, in all three categories with respect to
proposed conduct definitely described. This administrative remedy must be
exhausted prior to presenting to any court a question in any of said three
categories. The Board of Supervisors does not intend a result that is absurd,
impossible of execution or unreasonable. It is intended that this Article
shall be held inapplicable in such cases, if any, where its application would
be unconstitutional. A constitutional construction is intended and shall be
given. The Board does not intend to violate the Constitution of the Commonwealth
of Pennsylvania or the Constitution of the United States of America.
[Adopted 10-6-1992 as Res.
No. 12-92]
Trick or treat night activities shall occur in West Hempfield Township
from 6:00 p.m. to 8:00 p.m. on Halloween, October 31, of each year, unless
October 31 falls on a Saturday or Sunday, in which case trick or treat night
activities should occur from 6:00 p.m. to 8:00 p.m. on the Friday prior to
October 31.