Borough of Shippensburg, PA Chapter 82 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg 10-20-2009 by Ord. No. 846, approved 10-20-2009.[1]Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 105.

Park regulations — See Ch. 110.

Skating and bicycles — See Ch. 129.

[1] Editor's Note: This ordinance also repealed former Ch. 82, Curfew, adopted 4-21-2009 by Ord. No. 841, approved 4-21-2009.

§ 82-1 Definitions.

As used within this chapter, the following words and phrases shall have the meanings ascribed to them below:

CURFEW HOURS

The hours of 10:00 p.m. through 5:00 a.m. on Sunday through Thursday, and 11:30 p.m. through 5:00 a.m. on Fridays and Saturdays.

EMERGENCY

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 disasters, automobile accidents or other similar circumstances.

ESTABLISHMENT

Any privately owned place of business within the Borough operated for a profit, to which the public is invited, including but not limited to any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment.

GUARDIAN

Any adult person exercising parental control and authority over a minor, whether or not the same is exercised pursuant to a court order.

MINOR

Any person 17 years of age and under who has not been emancipated by court order.

OFFICER

A police or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Pennsylvania and/or ordinances of the Borough.

PARENT

A. A person who is a minor's biological or adoptive parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement);

B. A person who is the biological or adoptive parent with whom a minor regularly resides;

C. A person judicially appointed as a legal guardian of the minor; and/or

D. A person 18 years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in Subsection A, B or C of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).

PERSON

Refers to an individual, not to any association, corporation or any other legal entity.

PUBLIC PLACE

Any place to which the public or a substantial group of the public has access, including but not limited to streets, highways, roads, sidewalks, alleys, avenues, parks and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.

REMAIN

The following actions:

A. To linger or stay at or upon a place; and/or

B. To fail to leave a place when requested to do so by an officer or by the owner, operator or other person in control of that place.

TEMPORARY CARE FACILITY

A nonlocked, nonrestrictive shelter at which minors may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any stationary object.

§ 82-2 Curfew exceptions.

It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the Borough, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the Borough, unless:

A. The minor is accompanied by a parent or guardian; or

B. The minor is involved in an emergency; or

C. The minor is engaged in an employment activity, 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 writing 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, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; or

G. The minor is involved in interstate travel through, or beginning or terminating in, the Borough; 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.

§ 82-3 Unlawful activities.

A. It shall be unlawful for a minor's parent or guardian to knowingly permit, allow or encourage such minor to violate above § 82-2.

B. It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of above § 82-2.

C. It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this subsection that the operator or employee of an establishment promptly notified the Police Department that a minor was present at the establishment after curfew hours and refused to leave.

D. It shall be unlawful for any person (including any minor) to give a false name, address or telephone number to any officer investigating a possible violation of this section.

§ 82-4 Enforcement; violations and penalties.

A. Minors.

(1) Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the Borough during curfew hours is in violation of above § 82-2. If such investigation reveals that the presence of such minor is in violation of above § 82-2, then:

(a) If the minor has not previously been issued a warning for any such violation and is not involved in criminal activities, then the officer shall issue a verbal warning to the minor, which shall be followed by a written warning mailed by the Police Department to the minor and his or her parent(s); or

(b) If the minor has previously been issued a warning for any such violation, then the officer shall charge the minor with a violation of this chapter and shall issue a summons requiring the minor to appear in court.

(2) As soon as practicable, the officer shall:

(a) Release the minor to his or her parent(s) or guardian; or

(b) Place the minor in a temporary care facility for a period not to exceed the remainder of the curfew hours, so that his or her parent(s) or guardian may retrieve the minor.

(3) If a minor refuses to give an officer his or name and address, refuses to give the name and address of his or her parent(s) or guardian, or if no parent or guardian can be located prior to the end of the applicable curfew hours, or if no parent or guardian appears to accept custody of the minor, the minor shall be turned over to Children and Youth Services of the county in question.

(4) Others. If an investigation by an officer reveals that a person has violated above § 82-3B, C and/or D, and if the person has not previously been issued a warning with respect to any such violation, an officer shall issue a verbal warning to the person, which shall be followed by a written warning mailed by the Police Department to the person; however, if any such warning has been previously issued to that person then the officer shall charge the person with a violation and shall issue a summons directing the person to appear in court.

B. A violation of this chapter shall constitute a summary offense. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $300, and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 10 days. A separate offense shall be deemed committed on each day during which a violation occurs or continues.