Borough of Denver, PA Chapter 99 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of Denver 5-3-1971 by Ord. No. 309; amended in its entirety 4-8-1996 by Ord. No. 475 (Ch. 6, Part 1 of the 1996 Code). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Conduct — See Ch. 89.

§ 99-1 Definitions and interpretation.

A. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

MINOR

A person under the age of 18 years.

PARENT

Any natural parent of a minor, as herein defined, or a guardian, or any adult person responsible for the care and custody of a minor. When used in this chapter, "parent" shall mean one or both parents.

PUBLIC PLACE

Any public street, alley, sidewalk, park, playground, public building or vacant lot in the Borough of Denver.

REMAIN

To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets for emergencies or ordinary purposes such as mere passage of going home.

B. In this chapter, the singular shall include the plural, the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 99-2 Purpose.

This is a curfew ordinance prescribing, in accordance with prevailing community standards, regulations for the conduct of minors on streets at night, for the protection of younger children in the Borough of Denver from each other and from other persons on the streets during nighttime hours, for the enforcement of parental control and responsibility for their children, for the protection of the public from nocturnal mischief by minors and for the reduction of the incident of juvenile criminal activity, all for the good of minors, for the furtherance of family responsibility, and for the public good, safety and welfare.

§ 99-3 Curfew established; exceptions.

A. It shall be unlawful for any minor to be or remain in or upon any public highway, park or other public place within the Borough of Denver, or in any enclosure or vehicle which is on or in close proximity to any such public place within the Borough of Denver, between the hours of 11:00 p.m. on the nights from Sunday to Thursday, inclusive, to the hour of 5:00 a.m. the following day; or after the hour of 12:00 midnight on the nights of Friday and Saturday, to the hour of 5:00 a.m. the following day, prevailing time.

B. Exceptions to the above are the following:

(1) Minor accompanied by parent, guardian or other person having legal care or custody of such minor.

(2) Minor possessing a written statement dated that day and signed by parent, guardian or other person having the legal care or custody of such minor, which statement specifies the time, place, purpose and necessity of the minor being in a public place contrary to this chapter.

(3) Minor lawfully employed making it necessary to be on or in highways, streets, parks, etc., as stated above and possessing a current letter certifying the same and signed by employer, parent or guardian.

(4) Minor on an emergency errand.

(5) Minor traveling to and from church, school or municipal activity with parental permission statement as in Subsection B(2), above.

§ 99-4 Parents not to permit violation.

It is hereby made unlawful for any parent, guardian or the person having the legal care or custody of a minor to allow or permit such minor to violate any of the provisions of this chapter without legal justification therefor.

§ 99-5 Procedure upon violation.

Any minor found upon the streets, alleys, parks or public places within the Borough of Denver in violation of § 99-2 shall be taken into custody by the Police Department or legally deputized individual, be delivered to his parent(s), guardian or person having the legal custody of said minor, and be given a copy of this chapter. A report shall be filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said minor shall again allow him to be on the streets, alleys, parks or public places in violation of § 99-2, said parent, guardian or person having the legal custody of said minor so offending shall be cited for the violation.

§ 99-6 Repeated violations or other factors interfering with enforcement.

Any minor who shall violate this chapter more than three times may, at the discretion of the proper Borough officials, be reported to a society or organization the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason the provisions of § 99-2 of this chapter cannot be made effective by the imposition of fines and penalties.

§ 99-7 Police discretion in age determination.

The police officers in taking minors into custody shall use their discretion in determining age and in doubtful cases may require positive proof of age. Until such proof is furnished, the officer's judgment shall prevail.

§ 99-8 Violations and penalties.

[Amended 7-29-2013 by Ord. No. 612]

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs, and in default of payment, to imprisonment for a term not to exceed 30 days. Upon summary conviction, the person found guilty may be assessed reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings in accordance with Section 3321(6) of the Borough Code.[1]

[1] Editor’s Note: See 53 P.S. § 48321(6).