[HISTORY: Adopted by the Borough Council of the Borough of Quarryville 10-6-2003 by Ord. No. 346. Amendments noted where applicable.]
This chapter shall be known as the "Quarryville Borough Curfew Ordinance."
The Borough Council of the Borough of Quarryville, being aware of the problem of juvenile delinquency 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 restating and clarifying the provisions of former Ordinance No. 322 and in furtherance for the purpose of promoting the general welfare and protecting the general public through reduction of juvenile violence and crime within the Borough of Quarryville, 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 being victimized by perpetrators of crime, and fostering and strengthening parental responsibility for children.
In this chapter, the following definitions shall apply:
- CHIEF OF POLICE
- The Chief of Police of Quarryville Borough or designated representative.
- CURFEW HOURS
- 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.
- An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
- Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
- Any person under 18 years of age.
- Any individual, firm, association, partnership or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association, limited liability entity, or partnership and the officers of a corporation.
- A person who is:
- PUBLIC PLACE
- Any place to which the public or a substantial group of the public has access and includes, but is not limited to, establishments, streets, roads, alleys, highways, sidewalks, playgrounds, parks, plazas, buildings common areas of schools, apartment houses, transport facilities, shops and office buildings, or other place used by or open to the public.
Unlawful conduct of minor. A minor commits an offense if he remains in any public place (or on the premises of any establishment) within the Borough during curfew hours.
Unlawful conduct of parent or guardian. A parent or guardian of a minor commits an offense if he knowingly permits or by insufficient control allows the minor to remain in any public place (or on the premises of any establishment) within the Borough during curfew hours.
Unlawful conduct of owner, operator or employee of establishment. The owner, operator or any employee of an establishment or public place commits an offense if he knowingly permits allows a minor to remain upon the premises of the establishment during curfew hours.
It is a defense to prosecution under § 157-4 if the minor was:
Accompanied by the minor's parent or guardian;
On an errand at the direction of the minor's parent or guardian without any detour or stop;
Engaged in an employment activity or going to or returning home from an employment activity without any detour or stop;
Involved in an emergency;
On the sidewalk abutting the minor's residence;
Attending an official school, religious or other recreational activity supervised by adults or sponsored by the Borough, a civic organization or another similar entity that takes responsibility for the minor; or going to or returning home from, without detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the Borough, a civic organization or another similar entity that takes responsibility for the minor; special events, programs or functions by properly organized and supervised organizations advancing legitimate recreation, charitable, educational, religious, social or civic, or organizations advancing recreation, character development, or training in the aforementioned areas, and prompting the building of good citizenship in young people, and the attendance and movement directly to and from such events by minors, are exempt from the provisions of this chapter;
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion or freedom of speech and right of assembly in a lawful manner.
Any minor or parent who violates the provisions of this chapter for the first time may be issued a citation. The minor may be taken into temporary custody, in which case his or her parent(s) or other appropriate person shall be notified and the minor shall be released into the custody of the appropriate person or parent(s) of the minor or to a brother or sister 18 years of age or older. 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.
Any minor or parent who violates the provisions of this chapter is guilty of a summary offense and, upon conviction thereof, shall be subject to fine or imprisonment as follows:
First offense: fine of up to $25.
Second offense: fine of up to $50.
Third offense: fine of up to $75.
Fourth offense: fine of up to $100. Parents are subject to imprisonment for up to 90 days and the minor to referral to the juvenile court system.
First and subsequent offenses: fine up to $300. Parents are subject to imprisonment for up to 90 days and minors to referral to the juvenile court system.
Any operator convicted of violating the provisions of this chapter for the first time shall be fined $50 and shall be subject to the 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 up to $300 and shall be subject to imprisonment for a term not to exceed 90 days.
Each violation of the provisions of this chapter shall constitute a separate offense.
It is the intention of the Borough Council that each separate provision of this chapter shall be independent of all other provisions herein, and it is further the intention of the Borough Council that if any of the provisions of the chapter shall be declared to be invalid, all other provisions herein shall remain valid and in force.
This chapter and the need for it shall be reviewed annually. By December 1, 2004, and each year thereafter, the Chief of Police of the Borough of Quarryville shall review this chapter and report and make recommendations to the Quarryville Borough Council concerning the effectiveness of and the continuing need for this chapter.
Quarryville Borough Curfew Ordinance No. 322, having expired as of December 31, 2001 by virtue of its "sunset provision," is replaced hereby in a restatement of former Ordinance 322. All other ordinances and parts of ordinances contrary to the provisions of this chapter are hereby repealed.