Township of West Brandywine, PA Chapter 77 Curfew

[HISTORY: Adopted by the Board of Supervisors of the Township of West Brandywine at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

§ 77-1 Title.

This chapter shall be known and may be cited as the "Curfew Ordinance."

§ 77-2 Purposes and findings.

This chapter is an updating of the West Brandywine Township Curfew Ordinance and, in accordance with prevailing community standards, prescribes regulations for the presence of minors on streets, in public places and other locations in the Township of West Brandywine during certain hours, all for the welfare and protection of minors, the furtherance of parental responsibility and for public health, safety and welfare. Accordingly, the Board of Supervisors finds as follows:

A. Reduce the number of juvenile crime victims;

B. Reduce injuries and accidents involving juveniles;

C. Reduce additional time for officers in the field;

D. Provide additional options for dealing with gang problems;

E. Reduce juvenile peer pressure to stay out late; and

F. Assist parents in the control of their children.

§ 77-3 Definitions and word usage.

A. Definitions of terms used in the Code of the Township of West Brandywine are set forth in Chapter 1, General Provisions, Article III, Terminology.

B. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural number shall include the singular, words in the singular number shall include the plural and the masculine pronoun shall include the feminine pronoun. The word "shall" as used hereinafter is to be construed as mandatory and not directory.

§ 77-4 Curfew established.

It shall be unlawful for any person under the age of 18 to remain in or upon any street, public place or establishment within the Township between 10:15 p.m. prevailing time and 6:00 a.m. prevailing time of the following day, except:

A. In the summer, June 15 through September 15, 11:15 p.m. prevailing time and 6:00 a.m. prevailing time of the following day.

B. If the curfew hours established hereunder are temporarily suspended or modified by proclamation of the Township of West Brandywine Board of Supervisors.

§ 77-5 Exceptions.

In the following cases, a minor remaining on a public street, public place or in an establishment during the hours set forth in § 77-4 above shall not be considered to be in violation of this chapter:

A. When accompanied by:

(1) The parent of the minor; or

(2) An adult authorized by the parent of the minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specified area.

B. 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. Any minor desiring to avail himself or herself of the provisions of this exception shall establish the validity of such exercise by first delivering to the Township Police Department a letter, dated and signed by the minor and a parent of the minor, containing the following information:

(1) The minor's name.

(2) The minor's age.

(3) The minor's address.

(4) The minor's telephone number.

(5) The parents' names.

(6) The parents' address;

(7) The parents' telephone number;

(8) A statement specifying when, where and in what manner the minor will be in or on the streets, public place or establishment (during the hours when this chapter is otherwise applicable) in the exercise of the First Amendment rights specified in the letter.

C. Written notice.

(1) In the case of reasonable necessity, provided that the minor's parents shall have first delivered to the Township Police Department a written notice stating the facts establishing the reasonable necessity and a description of the specified streets, public place or establishment at designated times for a described purpose, including points of origin and destination; and

(2) The written notice has been countersigned and dated by the Chief of the Township of West Brandywine Police Department (or other police officer authorized by the Chief to sign such notices).

D. When the minor is on the sidewalk of the minor's place of residence, or on the sidewalk of any premises immediately adjacent to the premises in which the minor resides, provided that the owner of the adjacent premises does not object to the minor's presence.

E. When returning home, by a direct route from (and within 30 minutes after the termination of) a school activity or an activity of a religious or other voluntary association, provided that the minor shall, upon request of any police officer, provide to such police officer a written statement identifying:

(1) The school activity or other function which the minor has attended.

(2) The location of the activity.

(3) The time of termination of the activity.

F. When the minor, with parental consent, is in a motor vehicle and such motor vehicle is involved in bona fide interstate travel through the Township or such interstate travel begins or ends in the Township.

§ 77-6 Parental responsibilities.

It shall be a violation of this chapter for a parent having legal custody of a minor to knowingly permit or allow such minor to be or remain upon any Township street, public place or establishment within the Township between the hours specified in § 77-5 above.

§ 77-7 Responsibilities of operators of establishments.

A. It shall be a violation of this chapter for the operator (or their agents or employees) of any establishment to knowingly permit any minor to remain upon the premises of the establishment during the hours specified in § 77-5 hereof.

B. Each violation of the provisions of this subsection shall constitute a separate offense.

§ 77-8 Violations and penalties; enforcement procedure.

A. Any police officer, upon finding or having attention called to the presence of any minor on the streets, in public places or establishments of the Township in prima facie violation of the provisions of this chapter shall immediately obtain from the minor the minor's:

(1) Name;

(2) Address;

(3) Age;

(4) The name of his or her parents.

B. Upon obtaining this information, and in order to safeguard the person of the minor, the police officer shall take the minor to the Township of West Brandywine Police Department and shall immediately notify the parent or parents of the minor and instruct the parent or parents to come to Township of West Brandywine Police Department and take custody of the minor; upon the arrival of the parent or parents at the Township of West Brandywine Police Department, the minor shall be released to the custody of the parent or parents.

C. If a parent cannot be located, or fails to take charge of the minor, then the minor shall be released to the juvenile authorities of Chester County, except that the minor may temporarily be entrusted to a relative, neighbor or other person who will on behalf of the minor's parent assume the responsibility of caring for the minor pending the availability or arrival of the minor's parent.

D. In the case of a first violation of this chapter by a minor, the Chief of the Township of West Brandywine Police Department shall, within 72 hours after the time of the taking of the minor into custody, send to the minor's parents, by certified mail, return receipt requested, a written notice of the violation of the provisions of this chapter, including enforcement of the parental responsibility provision of § 77-6 and the penalties contained in this § 77-8.

E. If, after the written warning notice sent pursuant to Subsection D above of a first violation by a minor, a parent violates the provisions of this chapter, such violation shall be treated as a first offense by the parent. For such offense, the parent, upon conviction thereof, shall be sentenced to pay a fine of not more than $100, together with costs of prosecution, or, in default of payment, to imprisonment for a term not to exceed 90 days. For each subsequent violation, the parent, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense and punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.

F. Any minor who violates any provision of this chapter more than three times within a one-year period shall be referred to the appropriate county or state entity established pursuant to the provisions of the Act of July 9, 1976, P.L. 586, No. 142, Section 2 et seq., as amended (42 Pa.C.S.A. § 6301 et seq.), i.e., the "Juvenile Act," for disposition.

G. Any operator of an establishment and any agents or employees of that operator who violate the provisions of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.