[HISTORY: Adopted by the Board of Commissioners of the Township of
South Fayette at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Curfew Ordinance."
A.
This is an updating of the township's curfew regulations
prescribing, 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 the furtherance of family responsibility and for the public
good, safety and welfare.
B.
The Board of Commissioners finds that the curfew meets
a very real local need, has been, over the years, a significant factor in
minimizing juvenile delinquency and should be updated and amplified in the
light of South Fayette's local situation and facts. The community sense
of the proper time for cessation of outdoor activities by minors on the streets
is reflected in the curfew hours declared by this chapter, which take into
consideration also the danger hours for nocturnal crime and for accumulations
of minors with potential risks incident to immaturity.
C.
South Fayette 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 herein-before stated.
A.
MINOR
PARENT
REMAIN
STREET
TIME OF NIGHT
TOWNSHIP
YEAR OF AGE
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein:
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 § 141-5. 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. Township of Steelton, 17 Dauph. 17 (1912).
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 township 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 township, prima facie the time then observed in the township
administrative offices and police station.
The Township of South Fayette, Allegheny County, Pennsylvania.
Continues from one birthday, such as the seventeenth, to (but not
including the day of) the next, such as the eighteenth 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 Township of South Fayette
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 township during the nocturnal hours for which § 141-4 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 communications center personnel at
the Township 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, 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 Township 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, 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 Board of Commissioners, either for a regulation as provided in Subsection A(8) or for a special permit as the circumstances warrant. Upon the Board of Commissioners' 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 Board of Commissioners may grant a permit, in writing, for the use by such minor of such streets at such hours as, in the Board of Commissioners' 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 Board of Commissioners or, if unavailable, to the police officer authorized by the Board to act on his behalf in an emergency at the Police Station.
(8)
When authorized, by regulation issued by the Board of
Commissioners, 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 Board of Commissioners 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 South Fayette. This also exempts
interstate travel beginning or ending in South Fayette.
(11)
When the minor is 17 years of age, if and when the Board
of Commissioners shall have determined, by formal rule first reported to the
Township Board of Commissioners, 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 township, then the Board of Commissioners, by such
formal rule, covering a period of time designated therein or until rescision
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 Board of Commissioners
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 township 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 township, 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 township police station, where a parent
shall immediately be notified to come for such minor, whereupon they shall
be interrogated. This is intended to permit ascertainment, under constitutional
safeguards, of relevant facts and to centralize responsibility in the Sergeant
there and then on duty for accurate, effective, fair, impartial and uniform
enforcement and recording, thus making available experienced supervisory personnel,
the best of facilities and access to information and records. 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,
by himself and the Sergeant involved in such case, 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 a first violation by a minor, the Chief
of Police shall, 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.
Any person violating any of the provisions of this ordinance
shall, upon summary conviction before any District Justice of the Township
of South Fayette or elsewhere, be subject to a fine of not more than $600
for each and every offense, plus costs of prosecution for each offense and,
in default of payment of such fine and costs, to imprisonment in the county
jail for a term not exceeding 30 days. Each day a violation exists shall constitute
a separate offense.
B.
Any minor who shall violate any of the provisions of
this chapter more than three times shall be reported by the Board of Commissioners
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 Board of Commissioners
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
this chapter 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 township 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 Township Board of Commissioners
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 Board of Commissioners does not intend
to violate the Constitution of the Commonwealth of Pennsylvania or the Constitution
of the United States of America.
The Township Board of Commissioners will continue its evaluation and
updating of this chapter.
A.
Accordingly, there shall be compiled and informally reported
to the Township Board of Commissioners through effective channels (such as
the normal monthly distribution by the Township Manager and Township Secretary
to each member of the Board of Commissioners and the Township Solicitor of
noteworthy material) all exceptional cases hereunder of reasonable necessity,
the notices of school and other activities, the Board of Commissioners'
special permits and the Board of Commissioners' regulations hereinbefore
authorized and the Board of Commissioners' advisory opinions, for consideration
by the appropriate committee and by the Township Board of Commissioners 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
Board of Commissioners and relevant committees of the Board of Commissioners,
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, community-wide 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 Township of South Fayette.
