Borough of Dover, PA Chapter 84 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of Dover 2-8-1975 by Ord. No. 2-1975. Amendments noted where applicable.]

§ 84-1 Curfew established.

It shall be unlawful for any person under the age of 18 years to be or remain in or upon any public highway, street, alley, walk or park or in or upon any public place in the Borough of Dover, York County, Pennsylvania, after the hour of 12:01 a.m., prevailing time, or before the hour of 5:00 a.m., prevailing time, unless such a person is accompanied by an adult parent of his or hers or by a legal guardian of his or her person.

§ 84-2 Parental responsibility.

It shall further be unlawful for any parent, guardian of the person or other person having the legal care or custody of any such person under the age of 18 years to allow or permit any such person to go, be or remain in or upon any public highway, street, alley, walk or park or in or upon any public place in the Borough of Dover during the times prohibited in § 84-1 hereof.

§ 84-3 Enforcement; violations and penalties.

[Amended 4-5-1999 by Ord. No. 1999-1]

Any person under the age of 18 years found in or upon any public highway, street, alley, walk or park or in or upon any public place in the Borough of Dover in violation of § 84-1 shall be taken into custody by any police or law enforcement officer or officers acting under or exercising the police power and authority of the Borough of Dover, and such officer or officers shall deliver such curfew violator to his or her parent, guardian of the person or person having legal care or custody of his or her person, and report shall be immediately made thereof by such officer or officers to the Borough Mayor or Secretary or to the President or any member of the Borough Council. If thereafter the parent, guardian of the person or person having legal care or custody of such a curfew violator shall allow or permit him or her to again violate the provisions of § 84-1, such parent, guardian of the person or person having legal care or custody of such child or ward shall be subject to arrest and shall, upon conviction, be subject to a fine of not more than $600, plus costs of prosecution, for each offense, and in default of payment of such fine and costs to imprisonment for a term not exceeding 30 days.

§ 84-4 Repeat offenses.

Any person under the age of 18 years who violates the provisions of this chapter more than three times shall be reported by the police or law enforcement agency exercising the police power and authority of the borough to the juvenile authorities of the County of York, Pennsylvania, for such further action as shall be deemed proper by such juvenile authorities.

§ 84-5 Judgment of officers in determining age.

The police or law enforcement officer or officers acting under or exercising the police power and authority of the Borough of Dover shall, in taking any person into custody under this chapter as a curfew violator under the age of 18 years, use their discretion in determining the age of such person and in doubtful cases may require positive proof of his or her age, but until such proof is furnished, the judgment of the officer or officers as to the age of such person shall prevail.