[HISTORY: Adopted by the Borough Council of the Borough of Tullytown
2-2-1999 by Ord. No. 253 (Ch. 6, Part 3 of the 1985 Code). Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Curfew Ordinance."
A.
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 for
generations, all for the good of minors, for furtherance of family responsibility
and for the public good, safety and welfare.
B.
Tullytown Council finds that the curfew meets a very
real local need and has been, over the years, a significant factor in minimizing
juvenile delinquency. The curfew hours declared by this chapter take into
consideration the danger hours for nocturnal crime and for accumulations of
minors with potential risks incident to immaturity.
C.
Tullytown is a stable family community. Parental responsibility
for the whereabouts of children is the norm; legal sanctions to enforce such
responsibility have had a demonstrated effectiveness over the years; as parental
control increases, the likelihood of juvenile delinquency decreases; and there
is a continuing need for the nocturnal curfew for minors, which has achieved
and will continue to achieve under local conditions the purposes hereinbefore
stated.
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 Tullytown, Bucks County, Pennsylvania.
Any person under the age of 18 or, in equivalent phrasing often employed
herein, 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 herein. More and more exceptions become available with
increasing years as appropriate in the interest of reasonable regulation which
is intended by use of the meaningful phrase "be or remain" found constitutional
in Baker v. Borough of Steelton, 17 Daugh. 17 (1912).
A way or place, or whatever nature, open to the use of public for
purposes of vehicular travel or, in the case of a sidewalk thereof, 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 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 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.
Continued from one birthday, such as the 17th, to, but not including,
the day of the next as the 18th birthday, making it clear that 17 or fewer
years of age is hereby 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 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 Tullytown
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 this chapter intended
to provide the maximum limits or 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 assemble. Such minor shall evidence the bona fides
of such exercise by first delivering to the Borough Police Department a written
communication, signed by such minor and countersigned, if practicable, by
a parent of such minor, with their home address and telephone number, 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 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 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
interest.
(7)
When authorized by special permit from the Borough Coordinator,
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 Borough Coordinator
for a special permit, as the circumstance warrant. Upon the Borough Coordinator'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 - 508, 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 names,
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 Borough Coordinator
may grant a permit, in writing, for the use by such minor of such streets
at such hours as, in the Borough Coordinator's opinion, may be reasonably
necessary. In an emergency, this may be handled by telephone or other effective
communication, with a corresponding record being made contemporaneously, either
to the Borough Coordinator, or if unavailable, to the police officer authorized
by the Borough Coordinator to act on his behalf in an emergency at the police
station.
(8)
When authorized by regulation issued by the Borough Coordinator
in other similar cases of reasonable necessity similarly handled but adapted
to necessary nighttime activities for more minors than can readily be dealt
with on an individual special permit basis. Normally such regulation by the
Borough Coordinator 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 Tullytown. This also exempts interstate
travel beginning or ending in Tullytown.
B.
Each of the foregoing exceptions and their several limitations,
such as provisions for notification, is 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 Borough 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 with the Borough under circumstance 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 a parent
shall immediately be notified to come for such minor, whereupon they shall
be interrogated. In the absence of convincing evidence, such as a birth certificate,
a policeman on the street shall, in the first instance, use his best judgment
in determining age.
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 the preparation
and in the filing of such report within 24 hours.
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.
E.
In the case of the first violation by a minor, the Chief
of Police may, by certified mail, send to a parent written notice of said
violation, with a warning that any subsequent violation will result in full
enforcement of this chapter, including enforcement of parental responsibility
and of applicable penalties.
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.
If, after the warning notice pursuant to a first violation
by a minor, a parent violates parental responsibility (in connection with
a second violation by said minor), this shall be treated as a first offense
by the parent. For such first parental offense a parent shall be fined $25,
and for each subsequent offense by a parent, the fine shall be increased by
an additional $25 (e.g., $50 for the second, $75 for the third offense). The
District Justice, upon finding a parent guilty, shall sentence the parent
to pay such fine and the costs of prosecution and, upon refusal to pay such
fine and costs, to be imprisoned in the jail of Bucks County for a period
not exceeding 30 days.
B.
Any minor who shall violate any of the provisions of
this chapter more than three times shall be reported by the Borough Coordinator
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.
The Borough 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 all exceptional cases hereunder
of reasonable necessity, the notices of school and other activities, for consideration
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 Borough, in coordinated
efforts, shall work with existing and may organize voluntary groups and shall
stimulate volunteer leadership programs of research and of action dealing
constructively, on neighborhoods 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 community-wide
and in individual cases, as one much needed legal tool toward that end as
well as for continuing present protection of minor and of other persons and
of property and other interests important to the welfare of the people of
the Borough of Tullytown.
