[HISTORY: Adopted by the Borough Council
of the Borough of New Salem 10-7-2008 by Ord. No. 1-2008. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "New Salem Borough Curfew Ordinance."
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.
A.
BOROUGH
ESTABLISHMENT
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
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:
The Borough of New Salem, York County, Pennsylvania.
Any privately owned place of business carried on for a profit,
or any place of amusement or entertainment in which the public is
invited.
Any person under the age of 18 years of age.
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.
Any natural parent of a minor, as herein defined, or a guardian
or any adult responsible for the care and custody of a minor.
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.
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.
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.
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,
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.