[HISTORY: Adopted by the Borough Council
of the Borough of Millersville 1-23-2001 by Ord. No. 2001-1.
Amendments noted where applicable.]
This chapter shall be known as the "Millersville
Borough Curfew Ordinance."
The Borough Council of the Borough of Millersville,
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 Millersville, 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:
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.
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.
Any privately owned place of business operated for profit,
including any place of amusement or entertainment to which the public
is invited.
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.
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.
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.
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.
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 Millersville 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.
(c)
The name of the minor.
(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 Millersville.
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 an activity permitted in § 154-4 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 Millersville 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 § 154-4 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 or parent who violates any 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]
(1)
First offense: up to $25.
(2)
Second offense: up to $50.
(3)
Third offense: up to $100.
(4)
Fourth offense: up to $300. 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. 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 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 and shall be subject to imprisonment
for a term not to exceed 90 days.
This chapter and the need for it shall be review
annually. By February 1, 2001, and each year thereafter, the Mayor
and/or the Chief of Police of the Borough of Millersville shall review
the chapter and report and make recommendations to the Millersville
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 Millersville 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.
