The purpose of this chapter is to promote the safety and good order
of the community by helping to eradicate rowdiness, excessive noise, vandalism,
harassment, graffiti, drug dealing and other behavior caused by juveniles
that adds to the disorder in the community, and to encourage school attendance
and parental responsibility.
This chapter shall be known as and shall be cited as the "Curfew Ordinance."
For the purpose of the Curfew Ordinance, the following terms, phrases,
words and their derivations shall have the meanings set forth hereinafter.
When not inconsistent with the context, words used in the present tense shall
include the past tense, words in the singular shall include the plural and
the use of the feminine pronoun shall include the masculine pronoun. The word
"shall" as used hereinafter is to be construed as mandatory and not directory.
EMERGENCY
An unexpected situation or sudden occurrence of a serious and urgent
nature that demands immediate action.
ESTABLISHMENT
A privately owned placed of business operated for profit, or any
place of amusement or entertainment to which the public is invited.
KNOWINGLY
Having actual knowledge including such knowledge which a parent should
reasonably be expected to have, under all attendant circumstances, concerning
the whereabouts of a minor in that parent's legal custody. It shall be
no defense for purposes of this chapter that a parent is indifferent to the
activities or conduct or whereabouts of a minor.
MUNICIPALITY
The Municipality of Kingston, Luzerne County, Pennsylvania, with
offices located at 500 Wyoming Avenue, Kingston, PA.
MINOR
Any individual under the age of 18 years.
PARENT
Any person having legal custody of a minor as:
A.
A natural or adoptive parent;
C.
A person who stands in loco parentis to a minor; and/or
D.
A person to whom legal custody of a minor has been given by order of
any court of competent jurisdiction.
REMAIN
To delay, to tarry and/or to stay upon the streets or in public places or establishments within the Municipality in situations in which the minor involved would not be using the streets, public places or establishments for purposes such as mere passage or going home. To implement this definition with additional precision and precaution, numerous exceptions hereto are expressly contained in and defined in §
72-6 of this Curfew Ordinance.
STREET
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" as used herein includes the legal right-of-way,
including, but not limited to, the cartway of traffic lanes, the curb and
sidewalks (whether paved or unpaved) and any grass plots or other grounds
found within the legal right-of-way of a street. For purposes of this chapter,
"street" also applies to ways which the public is privileged to use over private
property as long as the owner thereof permits such public use (including by
way of example but not limitation, sidewalk and grass plots open to public
use) and to parking areas of any types (including by way of example but not
limitation, residential, municipal or commercial parking areas) which are
open to and available for public use whether or not accessed by any street.
In addition, the term "street" shall apply irrespective of what it is named
or was formerly named, whether alley, street, avenue or otherwise, or whether
it is maintained by the Municipality and irrespective of whether it is open
to the public as a matter of right.
TIME
The prevailing standard of time, whether Eastern Standard Time or
Eastern Daylight Saving Time, as observed at that hour (or minute) by the
public in the Municipality; prima facie evidence of the time for purposes
of this chapter shall be the time actually observed in the Municipality's
administrative offices or in the Municipal Police Department.
YEAR OF AGE
The age of an individual as established on the day of any infraction
alleged hereunder. For the purposes of this chapter, the year of age shall
be the period of time between the previous birthday of an individual and the
next consecutive birthday (but not including the day of such birthday) of
an individual.
Evening curfew. It shall be unlawful for any minor under the age of
18 years to remain in or upon any street, public place or establishment in
the Municipality during the following hours: June 1 to September 14, the hours
of 12:00 midnight and 6:00 a.m. and September 15 to May 31, the hours of 11:00
p.m. and 6:00 a.m.
In the following cases, a minor remaining in or upon a public street, public place or in an establishment during the hours set forth in §
72-4 above shall not be considered to be in violation of the evening curfew:
A. When accompanied by:
(1) The parent of the minor; or
(2) An adult authorized by the parent of the minor to take
the parent's place in accompanying the minor for a designated period
of time and purpose within a specified area.
B. When the minor is lawfully employed, and in the course
of which employment it is necessary to use such public street or other public
place for such employment.
C. In the case of reasonable necessity, provided that the
minor shall, upon request of any police officer, provide to such police officer
a written statement identifying:
(1) The facts establishing the reasonable necessity; and
(2) A description of specified streets, public place or establishment
at designated times for a described purpose, including points of origin and
destination.
D. When the minor is returning from a school, religious
or job activity, provided that the minor shall, upon request of any police
officer, provide to such officer a written statement identifying:
(1) The activity or other function which the minor has attended;
(2) The location of the activity; and
(3) The time of termination of the activity.
E. Such minor is on an emergency errand authorized by their
parent, guardian or other person in parental relation having the legal custody,
control or charge of such minor.