Borough of New Salem, PA Chapter 84 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of New Salem 10-7-2008 by Ord. No. 1-2008. Amendments noted where applicable.]

§ 84-1 Title.

This chapter shall be known and may be cited as the "New Salem Borough Curfew Ordinance."

§ 84-2 Legislative findings and purpose.

A. The York County Curfew Task Force, a subcommittee of the York County Truancy Task Force, has recommended uniformity among municipal curfew ordinances. New Salem Borough adopts the recommendations of the task force by reference, summarized by finding that this ordinance is necessary to regulate the conduct of minors during nighttime hours because minors are at a higher risk of becoming victims of crime, engaging in illegal behavior and being truant.

B. New Salem Borough also adopts the task force position that parents who are negligent in monitoring their children's whereabouts should also be held accountable, and businesses that encourage or permit unsupervised minors to patronize their establishments during late night hours should also be held accountable.

C. The purpose of this ordinance is to protect the public from nocturnal mischief by minors, for the reduction of incidence of juvenile criminal activity, for furtherance of family responsibility, and promotion of public good, health, safety and welfare of the residents of New Salem Borough.

§ 84-3 Definitions.

A. The following words and phrases, when used in this chapter, shall have the following meanings, except where the context or language clearly indicates or requires a different meaning:

BOROUGH

The Borough of New Salem, York County, Pennsylvania.

ESTABLISHMENT

Any privately owned place of business carried on for a profit, or any place of amusement or entertainment in which the public is invited.

MINOR

Any person under the age of 18 years of age.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment, and, whenever used in any clause prescribing a penalty, the term "operator," as applied to associations or partnerships, shall include members or partners thereof and, as applied to corporations, shall include officers thereof. The term "operator" shall also include the manager or any employee in charge of the operation of the establishment.

PARENT

Any natural parent of a minor, as herein defined, or a guardian or any adult responsible for the care and custody of a minor.

PUBLIC PLACE

Any public street, highway, road, alley, park, playground, sidewalk, vacant lot or other area generally open to the public, including a parked vehicle and any of the said locations in New Salem Borough.

REMAIN

To stay behind; to stay unnecessarily.

B. In this ordinance, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and neuter genders.

§ 84-4 Curfew established; exceptions.

A. Unless accompanied by a parent/guardian, it shall be unlawful for any minor to be or remain in or upon any public place between the hours of 11:00 p.m. and 6:00 a.m.

B. No owner or operator of an establishment shall permit any minor to remain upon the premises of said establishment between the hours of 11:00 p.m. and 6:00 a.m., unless accompanied by a parent.

C. No parent shall allow or permit a minor to violate the provisions of this ordinance without legal justification therefor.

D. Exceptions.

(1) Approved adult chaperones, coaches, mentors, etc., may substitute for a parent/guardian in situations where the minor is attending an activity sponsored by a school, religious, nonprofit, government, athletic or similar organization.

(2) Circumstances wherein minors are legally employed or serving as junior firefighters or ambulance personnel shall constitute exemptions from § 84-4A and/or B above.

(3) Minors possessing a senior driver's license and legally operating a vehicle for the purposes of § 84-4A and/or B above shall be exempt from § 84-4A above.

(4) Minors possessing a written document, dated that same day and signed by a parent/guardian, specifying the starting/ending times, place(s), purpose and necessity of the minor being in a public place shall constitute exemption from § 84-4A and/or B above.

§ 84-5 Police discretion in age determination of minors.

Police officers shall use their discretion in determining age when taking minors into custody. In any doubtful case, police may require positive proof of age, and, until such proof is furnished, the judgment of the police officer shall prevail,

§ 84-6 Violations and penalties.

A. Minors and/or negligent parents/guardians who shall violate this ordinance shall, upon conviction thereof, pay a fine as follows:

(1) First offense: not more than $100.

(2) Second or subsequent offenses: not more than $300.

B. Operators and/or owners of establishments who knowingly or negligently violate § 84-4B above shall, upon conviction, pay a fine of not more than $300 for each minor found to be upon their premises in violation of § 84-4B above.

C. All offenders who are convicted under this chapter shall also pay the costs of prosecution and, in default of said payment of fines and costs, shall undergo imprisonment for a period not to exceed 30 days, or the period provided by law for summary offenses, whichever is less.

D. The Court may authorize diversionary and/or other alternative penalties (community service, counseling, educational classes, etc.) in lieu of imposed fines for minors, parents/guardians or business operators.