[Ord. 420, 11/12/2003, § I]
The purpose of this Part is to:
A. Promote the general welfare and protect the general public through
the reduction of juvenile violence and crime within the Borough.
B. Promote the safety and well being of the Borough's youngest citizens,
persons under the age of 18, whose inexperience renders them particularly
vulnerable to becoming participants in unlawful activities, particularly
unlawful drug activities, vandalism and to being victimized by older
perpetrators of crime.
C. Foster and strengthen parental responsibility for children.
[Ord. 420, 11/12/2003, § I]
As used in this Part, the following words and phrases shall
have the meaning set forth below:
CURFEW HOURS
Refers to the hours, on Sunday through Thursday nights, from
10:00 p.m. until the following 6:00 a.m., and on Saturday and Sunday
mornings from 12:01 a.m. through 6:00 a.m.
EMERGENCY
Refers to 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
Refers to any privately-owned place of business within the
Borough operated for a profit, to which the public is invited including,
but not limited to, any place of amusement or entertainment. With
respect to such establishment, the term "operator" shall mean any
person, and any firm, association, partnership (and the members or
partners thereof) and/or any corporation (and the officers thereof)
conducting or managing that establishment.
MINOR
Any person under 18 years of age.
OFFICER
A police officer or other duly appointed person or persons
charged with the duty of enforcing the laws of the Commonwealth of
Pennsylvania and the ordinances of the Borough of Red Hill.
PARENT
Refers to:
A.
A person who is a minor's biological or adoptive parent and
who has legal custody of a minor (including either parent, if custody
is shared under a court order or agreement)
B.
A person who is the biological or adoptive parent with whom
a minor regularly resides.
C.
A person judicially appointed as a legal guardian of the minor;
and/or
D.
A person 18 years of age or older standing in loco parentis
(as indicated by the authorization of an individual listed in subsection
(A), (B) or (C) of this definition above, for the person to assume
the care or physical custody of the child, or as indicated by any
other circumstances).
PERSON
An individual, not to any association, corporation or any
other legal entity.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access including, but not limited to, streets, highways,
roads, sidewalks, alleys, avenues, parks and/or the common areas of
schools, hospitals, apartment houses, office buildings, transportation
facilities and shops.
REMAIN
Refers to the following actions:
A.
To linger or stay at or upon a place; and/or
B.
To fail to leave a place when requested to do so by an officer
or by the owner, operator or other person in control of that place.
TEMPORARY CARE FACILITY
A non-locked, non-restrictive shelter at which minors may
wait, under visual supervision, to be retrieved by a parent. No minors
waiting in such facility shall be handcuffed and/or secured (by handcuffs
or otherwise) to any stationary object.
[Ord. 420, 11/12/2003, § 1]
1. It shall be unlawful for a minor, during curfew hours, to remain
in or upon any public place within the Borough, to remain in any motor
vehicle operating or parked therein or thereon, or to remain in or
upon the premises of any establishment within the Borough, unless:
A. The minor is accompanied by a parent; or
B. The minor is involved in an emergency; or
C. The minor is engaged in an employment activity, or is going to or
returning home from such activity, without detour or stop; or
D. The minor is on the sidewalk directly abutting a place where he or
she resides with a parent; or
E. The minor is attending an activity sponsored by a school, religious
or civic organization or entity, which activity is supervised by adults,
and/or the minor is going to be returning from such an activity without
detour or stop; or
F. The minor is on an errand at the direction of a parent, and the minor
has in his or her possession a writing from the parent containing
the following information:
(1)
The name, signature, address and telephone number of the parent
authorizing the errand.
(2)
The telephone number where the parent may be reached during
the errand.
(3)
The name of the minor and a brief description of the errand.
(4)
The minor's destination(s) and the hours the minor is authorized
to be engaged in the errand; or
G. The minor is involved in interstate travel through, or beginning
or terminating in, the Borough of Pennsburg; or
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.
2. It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate subsection
(1).
3. It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of subsection
(1).
4. It shall be unlawful for the operator of any establishment, or for
any person who is an employee thereof, to knowingly permit, allow
or encourage a minor to remain upon the premises of the establishment
during curfew hours. It shall be a defense to prosecution under this
subsection that the operator, or employee of an establishment promptly
notified the Police Department that a minor was present at the establishment
after curfew hours and refused to leave.
5. It shall be unlawful for any person (including any minor) to give a false name, address or telephone number to any officer investigating a possible violation of subsection
(1).
[Ord. 420, 11/12/2003, § 1]
Minors. Before taking any enforcement action hereunder, an officer or other duly appointed official shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the Borough during curfew hours is in violation of §
6-303(1).
A. If such investigation reveals that the presence of such minor is in violation of §
6-303(1), then:
(1) If the minor has not previously been issued a warning for any such
violation, then the officer or other duly appointed official shall
issue a verbal warning to the minor, which shall be followed by a
written warning mailed by a duly appointed Borough official to the
minor and his or her parent(s); or
(2) If the minor has previously been issued a warning for any such violation,
then the officer or duly appointed Borough official shall charge the
minor with a violation of this Part and shall issue a summons requiring
the minor to appear in court.
B. As soon as practicable, the officer or duly appointed Borough official
shall:
(1) Release the minor to his or her parent(s); or
(2) Place the minor in a temporary care facility for a period not to
exceed the remainder of the curfew hours, so that his or her parent(s)
may retrieve the minor; or
(3) If a minor refuses to give an officer or duly appointed Borough official
his or her name and address, refuses to give the name and address
of his or her parent(s), or if no parent can be located prior to the
end of the applicable curfew hours, or if located, no parent appears
to accept custody of the minor, the minor may be taken to a non-secure
crisis center or juvenile shelter and/or may be taken to a judge or
intake officer of the juvenile court to be dealt with in the manner
and pursuant to such procedures as required by law.
C. Others. If an investigation by an officer or duly appointed Borough official reveals that a person has violated §
6-303(2),
(3),
(4) and/or
(5), and if the person has not previously been issued a warning with respect to any such violation, the person shall receive a verbal warning which shall be followed by a written warning mailed by the officer or duly appointed Borough official, however, if any such warning has previously been issued to the person then the minor shall be charged with a violation and shall be issued a summons to appear in court.
[Ord. 420, 11/12/2003, § I; as amended by Ord.
424, 5/12/2004, § 1]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues or each Section
of this Part which shall be found to have been violated shall constitute
a separate offense.
[Ord. 420, 11/12/2003, § 1]
Within one year after the effective date of this Part, the Borough
Council President shall review this Part and report, and make recommendations
to the Borough Council concerning the effectiveness and the continuing
need for this Part. The Borough Council President's report shall specifically
include the following information:
A. The practicality of enforcing this Part and any problems with enforcement
identified by the State Police and duly appointed Borough officials.
B. The impact and cost of this Part.
C. Other data and information which the State Police or duly appointed
Borough officials believe to be relevant in assessing the effectiveness
of the curfew ordinance.
D. Information from citizens regarding whether the ordinance has been
administered and enforced fairly, including information regarding
the age, gender and race of those charged or detained under this Part.