The following words and phrases, whenever used in this chapter,
shall be construed and defined as follows:
AFTER HOURS
The period of time between the hours of 10:00 p.m. and 6:00
a.m. on Sunday through Thursday nights during the school year and
12:00 midnight and 6:00 a.m. on Friday and Saturday nights during
the school year and all nights during the period of summer vacations
from school.
[Amended 2-20-2007 by Ord. No. 29-2006]
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 disaster,
automobile accidents or similar circumstances.
ESTABLISHMENT
Any privately owned place of business operated for profit,
including any place of amusement or entertainment, to which the public
is invited.
MINOR
Any person less than 18 years of age, and does not include
any person who is married or who is emancipated. 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.
[Amended 2-20-2007 by Ord. No. 29-2006]
OPERATOR
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.
PARENT
The biological or adoptive parent of a minor; a legal guardian;
or an adult person 21 years of age or older 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.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground
or parking lot or any private building, structure or area to which
the public is invited or in which the public is allowed to remain.
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 City of
Harrisburg after hours except as follows:
A. The minor is accompanied by a parent;
B. The minor is involved in an emergency;
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;
D. The minor is on the sidewalk directly abutting a place where he or
she resides with a parent or the minor is on the property or the sidewalk
of an adult next-door neighbor with that neighbor's permission;
[Amended 2-20-2007 by Ord. No. 29-2006]
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 activity without
detour or stop;
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, 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 document described above;
G. The minor is involved in interstate travel through or beginning or
terminating in the City of Harrisburg;
H. The minor is exercising First Amendment rights provided by the United
States Constitution, such as free exercise of religion, freedom of
speech, and the rights of assembly;
[Added 2-20-2007 by Ord. No. 29-2006]
I. The minor is a homeless juvenile who uses the public place as his
or her usual abode; or
[Added 2-20-2007 by Ord. No. 29-2006]
J. The minor is at a public place or establishment for an activity or
event not otherwise covered by this section for which the City Council
has provided authorization.
[Added 2-20-2007 by Ord. No. 29-2006]
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 §
3-333.3 of this chapter.
No operator of an establishment shall knowingly permit any minor
to remain upon the premises of such establishment after hours.
The Chief of Police, or designee, 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.
Before taking any enforcement action under this chapter, 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 §
3-333.3 applies. The officer may issue a citation against the minor and/or the parent.
No later than one year following the effective date of this
chapter, the Chief of Police, or designee, shall prepare and present
a report to the Council of the City of Harrisburg concerning the effectiveness
of and continuing need for this chapter. The report shall include,
but not be limited to, the following information:
A. The practicality of enforcing this chapter and any problems with
enforcement identified by the Bureau of Police of the City of Harrisburg.
B. The impact of this chapter and support programs on juvenile crime
statistics.
C. Number of juveniles taken into custody for curfew violations.
D. The number of official citizen complaints filed regarding the enforcement
of this chapter.