[HISTORY: Adopted by the Board of Commissioners
of the Township of Swatara 9-8-1976 by Ord. No. 1976-34 (Ch. 6, Part 4, of
the 1990 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Curfew Ordinance."
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 Township 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.
A.
The Board of Commissioners finds that a curfew is
a very real local need, necessary as a significant factor and tool
to minimize juvenile delinquency in light of Swatara Township's local
situation and facts, including the following: The Township is located
in the southwest portion of Dauphin County, is bounded by the Susquehanna
River and the adjacent municipalities of Lower Paxton Township, South
Hanover Township, Hummelstown Borough, Derry Township, Lower Swatara
Township, Steelton Borough, Paxtang Borough, Susquehanna Township
and the City of Harrisburg. While containing residential, commercial,
rural and industrial areas, the Township is essentially a residential
community containing distinct areas of concentrated residential development.
There is a general community sense of the need of cessation, at the
proper time, of outdoor activities of minors on the street, this sense
being reflected in the curfew hours declared by this chapter which
takes into consideration also the danger hours for nocturnal crime
and for accumulations of minors with potential risks incident to immaturity.
B.
The Board of Commissioners finds that Swatara Township
is not overcrowded. The population density, as reflected through a
compilation derived from the Swatara Township Comprehensive Plan,
is 2.49 persons per acre. The total area is 9,344 acres, the Susquehanna
River or other stream beds representing 1,216 acres, for a total land
area of 8,128 acres. Of this, 3,730 acres are devoted to residential
land use, 1,642 acres are devoted to commercial use, 1,154 acres are
devoted to industrial use, 423 acres are devoted to rural use, and
1,179 acres are areas where development is restricted. Population
density is concentrated principally in the Lenker Manor, Oakleigh,
Lawnton, Lawnford Acres, Rutherford, Chambers Hill, Oberlin, Enhaut,
and Bressler areas of the Township. Recreational areas are provided
in most of the densely compact residential areas; however, these facilities
are generally closed for usage at times when the activities which
this chapter attempts to prevent occur by minors who are running the
streets.
C.
The Board of Commissioners finds that there are 5,808
minors residing in Swatara Township. Swatara Township has nine elementary
schools serving 1,823 minors, two junior high schools serving 976
minors and two senior high schools serving 1,950 minors.
D.
The Board of Commissioners further finds that the
Swatara Township population (1970 Federal census and 1976 School census
compilation) is 17,235. There are approximately 4,500 households in
the Township. The residential areas of the Township are principally
stable family communities. Parental responsibility for the whereabouts
of children is the norm, as parental control increases the likelihood
of juvenile delinquency decreases and there is a need for the nocturnal
curfew for the minors which will achieve under local conditions the
purposes hereinbefore stated.
For the purposes of this chapter, the following
terms, phrases, words, and their derivations shall have the meanings
given herein. 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.
Any person under the age of 18, or, in equivalent phrasing
often herein employed, any person 17 or less 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 § 132-5 so that this is not a mere prohibitory or presence-type curfew ordinance. More and more exceptions become available with increasing years and advancing maturity 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 Dauph. 17 (1912), a decision properly classified in Thistlewood v. Trial Magistrate for Ocean City, 204 A.2d 688, 691 (Md. 1964) as relating to a curfew ordinance of the "remaining" type.
A way or place, of whatsoever nature, open to the use of
the public as a matter of right 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 grassplots or other grounds found within the legal
right-of-way of a street. The term "street" applies irrespective of
what it be called or formally named, whether alley, avenue, court,
road or otherwise.
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 Swatara, Dauphin County, Pennsylvania, with
administrative offices at 599 Eisenhower Boulevard, Harrisburg, Pennsylvania
17111.
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 less 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, 13 or less years of age means "under 14 years of age."
It shall be unlawful for any person 17 or less
years of age (under 18) to be or remain in or upon the streets within
the Township of Swatara at night during the period ending at 6:00
a.m. and beginning:
A.
In the following exceptional cases a minor on a Township street during the nocturnal hours for which § 132-4 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 the 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 at 599 Eisenhower
Boulevard, where and by whom high priority messages to the Chief of
Police are regularly received, 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 Chief
of Police of the Township, 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 from the Chief of Police, 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 Chief of Police of the Township, either for a regulation as provided in Subsection A(8) or for a special permit as the circumstances warrant. Upon the Chief of Police'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 Chief of Police may grant a permit in writing for the use by such minor of such streets at such hours as in the Chief'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 Chief of Police or if unavailable to the police officer authorized by the Chief of Police to act on his behalf in an emergency, at the police station.
(8)
When authorized, by regulation issued by the Chief
of Police, 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 Chief of Police 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
to implement 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 the Township
of Swatara, particularly on normal routes such as the Pennsylvania
Turnpike, U.S. Route 322 and Interstate Routes 83 and 283. This also
exempts interstate travel beginning or ending in Swatara Township.
(11)
When the minor is 17 years of age, if and when
the Chief of Police shall have determined, by formal rule first reported
to and approved by the 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 interests of said minors and of the Township, finding
that this chapter should be relaxed, then the Chief of Police 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 that 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 Township street 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
standards 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 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, or relevant
facts, and to centralize responsibility in the officer 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.
A.
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.
B.
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 officer involved in such case, and
in the filing, of such report within 24 hours.
C.
When a parent, immediately called, has come to take
charge of a 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.
D.
In the case of a first violation by a minor, if the
parent comes for the child, said parent shall be given a 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, and said parent
shall upon receipt of said notice sign a written receipt therefor;
if the parent does not come for the child, the Chief of Police shall
by certified mail send the aforesaid written notice to the parent.
[Amended 4-11-1990 by Ord. No. 1990-1]
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 § 132-7 of a first violation by a minor, a parent violates § 132-6 (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 Magisterial District Judge, 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 Dauphin County for a period not exceeding 30 days. Every day that a violation of this chapter continues 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 Chief
of Police to a society or organization whose purpose it is to take
charge of incorrigibles and delinquents and proceedings shall then
be commenced, under the Juvenile Act, 42 Pa.C.S.A. § 6301
et seq., for the treatment, supervision and rehabilitation of such
minor.
[Amended 9-8-2004 by Ord.
No. 2004-6]
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 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 Chief of Police 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 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 a) ambiguous, b)
as having a potentially chilling effect on constitutional rights specifically
institutional rights specifically involved, or c) 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 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 Board of Commissioners will continue its
evaluation and updating of this chapter.
A.
Accordingly, there shall be compiled and informally
reported to the Board of Commissioners through effective channels
(such as the normal monthly distribution by the Township Secretary,
to each Commissioner, the Chief of Police and the Township Solicitor,
of noteworthy material) all exceptional cases hereunder of reasonable
necessity, the notices of school and other activities, the Chief of
Police's special permits and the Chief's regulations hereinbefore
authorized, and the Chief's advisory opinions, for consideration by
the appropriate committee and by the 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 Chief
of Police 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 less years of age, and with the working of this chapter,
community-wise 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 persons, and of property
and other interest, important to the welfare of the people of the
Township of Swatara.
