[HISTORY: Adopted by the Borough Council
of the Borough of East Petersburg 2-6-2001 by Ord. No. 217.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also superseded
former Ch. 44, Curfew, adopted 5-2-1989 by Ord. No. 174.
This chapter shall be known as the Borough of
East Petersburg Curfew Ordinance.
The Borough Council of the Borough of East Petersburg,
recognizing the problem of crimes committed by and committed against
juveniles during the nighttime and believing that it can be dealt
with more effectively by regulating the hours during which minors
less than 18 years of age may remain in public places and certain
establishments without adult supervision, and by defining more clearly
certain duties and responsibilities upon those who have the custody
and responsibility for the care of such minors, hereby enacts this
chapter for the purpose of:
A.
Promoting the general welfare and protecting the general
public through reduction of juvenile violence and crime within the
Borough of East Petersburg;
B.
Promoting the safety and welfare of the Borough's
citizens under the age of 18 whose youth and inexperience renders
them particularly vulnerable to becoming participants in criminal
activity and in being victimized by perpetrators of crime; and
C.
Fostering and strengthening parental responsibility
for children.
In this chapter the following definitions shall
apply:
The period of time between the hours of 10:00 p.m. and 6:00
a.m. on Sunday through Thursday nights and 12:00 midnight and 6:00
a.m. on Friday and Saturday nights.
Refers to unforeseen circumstances, or the status or condition
resulting therefrom, requiring immediate action to safeguard life,
limb, or property. The term includes, but is not limited to, fires,
natural disaster, automobile accidents, or other similar circumstances.
Any privately owned place of business operated for profit,
including any place of amusement or entertainment, to which the public
is invited.
Any person less than 18 years of age. For the purpose of
this chapter, any person shall be deemed to be 18 years of age on
the date of his or her 18th birthday and not before this time.
Any individual, firm, association, partnership, or corporation
owning, operating, managing, or conducting any establishment. Whenever
used in any provision prescribing a penalty, the word "operator" shall
include the members, partners, officers, and managers of any firm,
association, partnership, or corporation.
The biological or adoptive parent of a minor; a legal guardian;
or an adult person 21 years of age or over and who is authorized by
a minor's parent or legal guardian to be responsible, either temporarily
or permanently, for the custody or care of any minor or for the control
of such minor.
Any public street, highway, road, alley, park, playground
or vacant lot or any private building, structure or area to which
the public is invited or in which the public is allowed to remain.
To be at or stay at a place.
It shall be unlawful for a minor to remain in
or upon any public place or to remain in any motor vehicle operating
or parked therein or thereon or to remain in or upon an establishment
in the Borough of East Petersburg after hours except as follows:
A.
The minor is accompanied by a parent; or
B.
The minor is involved in an emergency; or
C.
The minor is engaged in an activity related to his
or her employment or is going to or returning home from such activity,
without detour or stop; or
D.
The minor is on the sidewalk directly abutting a place
where he or she resides with a parent; or
E.
The minor is attending an activity sponsored by a
school, religious, or civic organization, by a public organization
or agency, or by another similar organization or entity, which activity
is supervised by adults, and/or the minor is going to or returning
from such an activity, without detour or stop; or
F.
The minor is on an errand at the direction of a parent
and the minor has in his or her possession a written statement signed
by the parent containing the following information: the name, signature,
address and telephone number of the parent authorizing the errand,
the telephone number where the parent may be reached during the errand,
the name of the minor, a brief description of the errand, the minor's
destination(s) and the hours the minor is authorized to be engaged
in the errand; no minor or parent shall falsify the documents described
above; or
G.
The minor is involved in interstate travel through
or beginning or terminating in the Borough of East Petersburg; or
H.
The minor is 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.
No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours unless the minor is engaged in an activity permitted under § 44-4 of this chapter. "Knowingly" shall mean knows or has reason to know.
No operator of an establishment shall knowingly
permit any minor to remain upon the premises of such establishment
after hours.
The Chief of Police is hereby authorized from
time to time to promulgate such rules and regulations, including the
extension of hours for special occasions, as in his or her opinion
shall be necessary or useful in the enforcement of this chapter. Such
rules and regulations shall, however, be subject to the approval of
the Borough Council of the Borough of East Petersburg.
Each violation of the provisions of this chapter
shall constitute a separate offense.
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception set forth in § 44-4 applies.
A.
Any minor or parent who violates the provisions of
this chapter for the first time shall be issued a warning. The minor
shall be taken into temporary custody; his or her parents shall be
notified and the minor shall be released into the custody of the appropriate
parent or parents of the minor. If such parent is not available, in
the discretion of the officer in charge, the minor may be released
to a relative by blood or marriage over the age of 18 or to the parents
of any other minor detained for the same curfew violation. If no such
person is available after reasonable efforts have been made to locate
such person, then the minor shall be released to such agencies or
institutions as are established for juvenile welfare.
B.
Any minor or parent who violates any provisions of
this chapter a second or subsequent times is guilty of a summary offense
and, upon conviction thereof, shall be subject to fine or imprisonment
as follows:
(1)
Second offense: $10.
(2)
Third offense: $50.
(3)
Fourth offense: $100. Parents are subject to imprisonment
up to 90 days and minors to referral to the juvenile court system.
(4)
Fifth and subsequent offenses: $300. Parents are subject
to imprisonment up to 90 days and minors to referral to the juvenile
court system.
C.
Any operator convicted of violating the provisions
of this chapter for the first time shall be fined $50 and shall be
subject to imprisonment for a term not to exceed 90 days. Any operator
convicted of violating the provisions of this chapter for the second
or subsequent time shall be fined $300 and shall be subject to imprisonment
for a term not to exceed 90 days.
This chapter and the need for it shall be reviewed
annually. By February 6, 2002, and each year thereafter, the Mayor
and/or the Chief of Police of the Borough of East Petersburg shall
review the chapter and report and make recommendations to the Borough
Council of the Borough of East Petersburg concerning the effectiveness
of and the continuing need for this chapter. The report shall include,
but not be limited to, the following information:
A.
The practicality of enforcing the chapter and any
problems with enforcement identified by the Manheim Township Police
Department and the Borough of East Petersburg.
B.
The impact of this chapter and support programs on
juvenile crime statistics.
C.
The number of juveniles taken into custody for curfew
violations.
D.
The number of official citizen complaints filed regarding
the enforcement of this chapter.
