[HISTORY: Adopted by the Borough Council
of the Borough of Heidelberg 11-21-2000 by Ord. No. 539. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Curfew Ordinance."
This chapter prescribes, 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, all for the good of minors, for the furtherance of
family responsibility and for the public good, safety and welfare.
A.
BOROUGH
MINOR
PARENT
REMAIN
STREET
TIME OF NIGHT
YEAR OF AGE
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The Borough of Heidelberg, Allegheny County, Pennsylvania.
Any person under the age of 18 or, in equivalent phrasing
often herein employed, any person 17 or fewer years of age.
Any person having legal custody of a minor:
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 ordinary or serious purposes, such as mere passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in § 44-5.
A way or place, of whatever nature, open to the use of the
public for purposes of vehicular travel or, in the case of a sidewalk
thereof, for pedestrian travel. The term "street" includes the legal
right-of-way, including but not limited to the cartway of traffic
lanes, the curb, the sidewalks, whether paved or unpaved, and any
grass plots or other grounds found within the legal right-of-way of
a street. The term "street" also applies, for curfew purposes, to
ways the public is privileged to use over private property so long
as the owner permits, including sidewalks and grass plots similarly
open at the time to public use, and to parking areas of any type (residential,
municipal or commercial) open to public use or from such street or
any type of street. The term "street" applies irrespective of what
it is called or formally named, whether alley, avenue, court, road
or otherwise, or whether it is maintained by the Borough and irrespective
of whether it is open to the use of the public as a matter of right.
Based upon the prevailing standard of time, whether Eastern
standard time or Eastern daylight saving time, generally observed
at that hour by the public in the Borough, prima facie the time then
observed in the Borough administrative offices and police station.
Continues from one birthday, such as the 17th, to (but not
including the day of) the next, such as the 18th birthday, making
it clear that 17 or fewer years of age is herein treated as equivalent
to the phrase "under 18 years of age," the latter phrase in practice,
unfortunately, having confused a number of persons into the mistaken
thought that eighteen-year-olds might be involved. Similarly, for
example, 11 or fewer years of age means "under 12 years of age."
B.
When not inconsistent with the context, words used
in the present tense include the future, words in the plural number
include the singular, and words in the singular number include the
plural. The word "shall" is always mandatory and not merely directory.
It shall be unlawful for any person 17 or fewer
years of age (under 18) to be or remain in or upon the streets within
the Borough of Heidelberg at night during the period ending at 6:00
a.m. and beginning:
A.
In the following exceptional cases, a minor on a street within the Borough during the nocturnal hours for which § 44-4 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 chapter:
(1)
When accompanied by a parent of such minor.
(2)
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.
(3)
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 Borough
Municipal Building 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 Mayor of the Borough,
specifying when, where and in what manner said minor will be on the
streets at night (during hours when this chapter is otherwise applicable
to said minor) in the exercise of a First Amendment right specified
in such communication.
(4)
In case of reasonable necessity, but only after such
minor's parent has communicated to the Borough 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 thereof, 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.
(5)
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.
(6)
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.
(7)
When authorized, by special permit from the Mayor, 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 chapter, then recourse may be had to the Mayor of the Borough, either for a regulation as provided in Subsection A(8) or for a special permit as the circumstances warrant. Upon the Mayor's finding of necessity for the use of the streets to the extent warranted by a written application (as judicially approved in People v. Walton, 161 P. 2d 498, 502 -- 503, Cal. App. 1945), signed by a minor and by a parent of such minor, if feasible, stating the name, age and address of such minor; the name, address and telephone number of a parent thereof; the height, weight, sex, color of eyes and hair and other physical characteristics of such minor; the necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable; and the street or route and the beginning and ending of the period of time involved by date and hour, the Mayor may grant a permit, in writing, for the use by such minor of such streets at such hours as, in the Mayor'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 Mayor or, if unavailable, to the police officer authorized by the Mayor to act on his behalf in an emergency at the police station.
(8)
When authorized, by regulation issued by the Mayor,
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. Normally
such regulation by the Mayor 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 chapter.
(9)
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.
(10)
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 Heidelberg.
This also exempts interstate travel beginning or ending in Heidelberg.
(11)
When the minor is 17 years of age, if and when the
Mayor shall have determined, by formal rule first reported to the
Borough Council, 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 of the Borough, then the Mayor, by such formal
rule, covering a period of time designated therein or until rescission
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
the date or attaining 17 years of age during the period that such
formal rule is and remains in effect.
B.
Each of the foregoing exceptions and their several
limitations, such as provisions for notification, are severable, as
hereinafter provided but here reemphasized; and additional, also severable,
exceptions, broadening with the progress toward maturity of minors
enrolled respectively in elementary, junior high and high schools,
will be considered by the Council as warranted by future experience
illuminated by the views of student government associations; school
personnel; citizens; associations; ward, precinct and neighborhood
spokesmen; parents; officers; and persons in authority concerned positively
with minors as well as with juvenile delinquency.
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 street within the Borough
under circumstances not constituting an exception to or otherwise
beyond the scope of this chapter. 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.
A.
A policeman of the Borough, upon finding or having
attention called to any minor on the streets in prima facie violation
of this chapter, normally shall take the minor to the Borough police
station, where the parents shall immediately be notified to come for
such minor. The parents will be asked to provide the full name of
the minor and the date of birth of the minor. This is intended to
ascertainment, under constitutional safeguards, of relevant facts
and to centralize responsibility in the officer there and then on
duty for accurate, efficient, fair, impartial, and uniform enforcement
in recording, thus making available experienced supervisory personnel,
the best of facilities and access to information records. In the absence
of convincing evidence, such as birth certification, a policeman on
the street shall, in the first incidence, use his best judgment in
determining age.
[Amended 10-18-2005 by Ord. No. 562, approved 10-18-2005]
B.
Police procedures shall constantly be refined in the
light of experience and may provide, inter alia, that the policeman
may deliver to a parent thereof a minor under appropriate circumstances,
for example a minor of tender age near home whose identity and address
may readily be ascertained or are known.
C.
In any event, such policeman shall, within 24 hours,
file a written report with the Chief of Police or shall participate,
to the extent of the information for which he is responsible, in its
preparation by himself and any other officers involved in such case,
and the filing of such report within 24 hours.
[Amended 10-18-2005 by Ord. No. 562, approved 10-18-2005]
D.
When a parent, immediately called, has come to take
charge of the minor and the appropriate information has been recorded,
the minor shall be released to the custody of such parent. If the
parent cannot be located or fails to take charge of the minor, then
the minor shall be released to the juvenile authorities, except to
the extent that, in accordance with police regulations, approved in
advance by juvenile authorities, the minor may temporarily be entrusted
to a relative, neighbor or other person who will, on behalf of a parent,
assume the responsibility of caring for the minor pending the availability
or arrival of a parent.[1]
[1]
Editor's Note: Former Subsection E, pertaining
to first violation by a minor, which originally followed this subsection,
was repealed 10-18-2005 by Ord. No. 562, approved 10-18-2005.
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 chapter, are hereby undergirded with the following
legal sanctions:
A.
The violation by a minor of any portion of Chapter 44 or by a parent who violates § 44-6 shall be punishable by a fine of not more than $600 and the cost of prosecution and/or, in default of payment of such fine and costs, by imprisonment for not more than 30 days. Each and every such violation of this chapter shall constitute a separate violation and may be punished accordingly.
B.
Any minor who shall violate any of the provisions
of this chapter more than three times shall be reported by the Mayor
to a society or organization whose purpose it is to take charge of
incorrigibles and delinquents, 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 chapter cannot be made effective by the imposing
of penalties under this section.
Severability is intended throughout and within
the provisions of this chapter. If any provision, including inter
alia any exception, part, phrase or term or the application thereof
to any person or circumstance, is held invalid, the application to
other persons or circumstances shall not be affected thereby, and
the validity of this chapter, in any and all other respects, shall
not be affected thereby. From excess of caution, the Mayor 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
the ordinance 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 Borough
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 Borough Council does not intend a result that is absurd, impossible
of execution or unreasonable. It is intended that this chapter be
held inapplicable in such cases, if any, where its application would
be unconstitutional. A constitutional construction is intended and
shall be given. The Council does not intend to violate the Constitution
of the Commonwealth of Pennsylvania or the Constitution of the United
States of America.
The Borough Council will continue its evaluation
and updating of this chapter.
A.
Accordingly, there shall be compiled and informally
reported to the Borough Council through effective channels (such as
the normal monthly distribution by the Borough Secretary to each Councilman,
the Mayor and the Borough Solicitor of noteworthy material) all exceptional
cases hereunder of reasonable necessity, the notices of school and
other activities, the Mayor's special permits and the Mayor's regulations
hereinbefore authorized, and the Mayor's advisory opinions, for consideration
by the appropriate committee and by the Borough Council in further
updating and continuing evaluation of this chapter.
B.
For the same reasons, as well as for the implementation
beyond these legal aspects of the basic purposes hereof, the Mayor
and relevant committees of the Borough Council, through their respective
Chairmen, in coordinated efforts, shall work with existing and may
organize voluntary groups and shall stimulate volunteer leadership
in programs of research and of action dealing constructively, on neighborhood
and local bases, with juvenile delinquency and the prevention, control
or containment thereof in all its ramifications and with practicable
steps toward the good life and a better life for minors 17 or fewer
years of age and with the working of this chapter, communitywise and
in individual cases, as one much needed legal tool toward that end
as well as for continuing present protection of minors and of other
persons and of property and other interests important to the welfare
of the people of the Borough of Heidelberg.
