[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry 12-19-2005 by Ord. No. 2005-6. Amendments noted where applicable.]
This chapter should be known as the "Derry Township Curfew Ordinance."
The purpose of this chapter is to establish certain hours of
the day during which children under the age of 16 years are not to
be in a public place or outdoors at a place not owned or leased by
a parent, guardian, or adult person then having temporary custody
of said children under the age of 16 years or to whom a parent or
legal guardian has expressly or impliedly entrusted temporary care
or charge of said children under the age of 16 years, unless accompanied
by a parent, guardian or adult person then having temporary custody
of said children under the age of 16 years or to whom the parent or
legal guardian has expressly or impliedly entrusted the temporary
care or charge of said children under the age of 16 years. The curfew
hereby established is in order to protect younger children, specifically
those children who are under the age of 16 years, during nighttime
hours, to reduce mischief by children under the age of 16 years, and
to assure the health, safety and welfare of children under the age
of 16 years by mandating that said children are in the care, custody
and control of a parent, guardian, or adult person then having temporary
custody of said children under the age of 16 years or to whom the
parent or guardian has expressly or impliedly entrusted the temporary
care or charge of said children under the age of 16 years, to require
adults to assume responsibility for the care and safety of children
under the age of 16 years then in their care or charge and to otherwise
provide for the health, peace and safety of children under the age
of 16 years and the residents of the Township of Derry.
The following terms shall have the meaning set forth hereinafter
for purposes of this chapter:
A person 18 years of age or older.
A person less than 18 years of age.
The time during which, per this chapter, children under the
age of 16 years are enjoined and required to withdraw from public
places or the outdoors at a place not owned or leased by a parent,
guardian, or adult person then having temporary custody of said children
under the age of 16 years or to whom a parent or legal guardian has
expressly or impliedly entrusted temporary care or charge of said
children under the age of 16 years.
The time then prevailing, be it Eastern standard time or
daylight savings time.
Any public street, highway, road, alley, park, public sidewalk,
public playground, public building or a vacant lot.
The curfew period for children under the age of 16 years within
the Township of Derry, Mifflin County, Pennsylvania, shall begin at
10:30 p.m. each night and shall continue until 5:00 a.m. on the immediately
following morning, at which time it will end.
The time when the curfew period begins under § 102-4 of this chapter may be suspended by the Chairman of the Board of Supervisors of the Township of Derry after formal action duly taken by the Board of Supervisors of the Township of Derry on a day when there is an evening school event, an evening civic event, an evening public event or the like during which, in the opinion of the Board of Supervisors of the Township of Derry, acting through the Chairman of the Board of Supervisors, it is deemed reasonable to suspend or delay the beginning time of the curfew period. In such cases, if the time in which the curfew period is to begin is suspended or delayed, the curfew period shall begin 1/2 hour after the concluding time of the event, which concluding time of the event shall be publicly announced by the Chairman of the Board of Supervisors at the time that he or she proclaims the suspension or delay of the curfew period. Due notice of the suspension or delay of the curfew period shall be given, in writing, to the Chief of the Police Department at the time of the public announcement thereof.
As a public service or accommodation, the Township of Derry may cause or arrange for a warning whistle to be sounded, such as a fire whistle or the like, 1/2 hour prior to the beginning of the curfew period. If the beginning of the curfew period is suspended or delayed as per § 102-5 of this chapter, the warning whistle shall be sounded at the concluding time of the event as announced by the Chairman of the Board of Supervisors of the Township of Derry at the time of the public announcement of the suspension or delay of the curfew period. Nonetheless, failure of the Township of Derry to cause or arrange for a warning whistle to sound or otherwise the failure of a warning whistle to sound shall not delay the beginning of the curfew period.
It shall be the duty of every parent, guardian, or adult person
then having temporary custody or to whom a parent or legal guardian
has expressly or impliedly entrusted temporary care or charge of a
child under the age of 16 years to ensure that during the curfew period
the child is not to be at any public place or outdoors within the
Township of Derry at a place which is not owned or leased by that
parent, guardian, or adult person then having temporary custody of
said child under the age of 16 years, or to whom a parent or legal
guardian has expressly or impliedly entrusted temporary care or charge
of said child under the age of 16 years (whether on foot, on a means
of transport such as a bicycle, or the like, or in a motor vehicle),
unless:
A.
The child under the age of 16 years is accompanied by a parent, guardian,
or adult person then having temporary custody or to whom a parent
or legal guardian has expressly or impliedly entrusted temporary care
or charge of said child under the age of 16 years; or
B.
The child under the age of 16 years (or the parent, guardian, or adult person then having temporary custody of the child under the age of 16 years or to whom a parent or guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years) has a reason which is believed by a police officer to be a justification for the child under the age of 16 years being at such place and at such time not otherwise permitted per § 102-4 and otherwise per this chapter (the reason being such that a person of ordinary intelligence and prudence with an understanding of common everyday affairs and events would deem to be a justification).
A.
Should a police officer find that a child under the age of 16 years
is outdoors within the Township of Derry at a place which is not owned
or leased by a parent, guardian, or adult person then having temporary
custody of said child under the age of 16 years or to whom a parent
or legal guardian has expressly or impliedly entrusted temporary care
or charge of said child under the age of 16 years or at a public place
during the curfew period and determine that there has been a violation
of this chapter, the police officer shall deliver (or make arrangements
to deliver) the child under age of 16 years to the parent, guardian,
or adult person then having temporary custody of said child under
the age of 16 years or to whom a parent or guardian has expressly
or impliedly entrusted temporary care or charge of said child under
the age of 16 years, and shall maintain a record of the violation.
Should the police officer not be able to contact or locate the parent,
guardian, or adult person then having temporary custody of said child
under the age of 16 years or to whom a parent or guardian has expressly
or impliedly entrusted temporary care or charge of said child under
the age of 16 years, or if it is determined that it is not reasonable
or practical to contact or locate the parent, guardian, or adult person
then having temporary custody of said child under the age of 16 years
or to whom a parent or guardian has expressly or impliedly entrusted
temporary care or charge of said child under the age of 16 years,
the police officer may deliver or release the child under the age
of 16 years to a relative or to a friend of the child who is 18 years
of age or older and whom the police officer reasonably determines
to be a responsible adult person.
B.
Within seven days after the violation, a copy of the report of the
violation and a statement of the number of prior reports of violation
involving the same child under the age of 16 years shall be mailed
by United States Mail, first-class, postage prepaid, or hand delivered
by a police officer to the parent, guardian, or other adult person
who has legal custody of said child under the age of 16 years or charge
of the child under the age of 16 years. The Police Department shall
note on the report of the violation kept at the Police Department
the following:
(1)
The fact that a copy of the report of violation has been mailed or
hand delivered to the parent, guardian, or other adult person who
has legal custody or charge of the child under the age of 16 years
and the name and address of the person to whom it was mailed or hand
delivered; and
(2)
The date of mailing and post office where mailed or the date, time
and place of hand delivery of a copy of the report and to whom it
was delivered, as applicable.
C.
A record of the report(s) of violation(s) in relation to this chapter
shall be maintained by the Police Department in a log book, a file
or file system, or other like recordkeeping and record retention system
(such as a computerized police administration or management software
program or system or the like) for recording, maintaining and tracking
reports of curfew violations.
D.
A police officer shall require positive proof of age or, in default
thereof, shall use his discretion in determining age of the child
until such time as positive proof of age is provided.
A.
Upon two reports of violations being on file with the Police Department, as per § 102-8 aforesaid, in relation to the same child, the second and each and every subsequent violation shall be a summary offense and each violation shall constitute a separate offense. A citation or a summary offense complaint, as applicable, may be filed with the Magisterial District Judge:
(1)
Against the parent, guardian or other person having legal custody
of the child under the age of 16 years or who was in charge of the
child under the age of 16 years at the time of the second or any subsequent
violation; and/or
(2)
Against the child under the age of 16 years, if, at the time of the
second or subsequent violation, the child was 13 years of age or older.
B.
Upon conviction of a violation under the provisions of this chapter,
the parent, guardian or other person having legal custody or charge
of the child under the age of 16 years shall be sentenced to pay a
fine of not more than $1,000 and costs and, in default of payment
of said fine and costs, shall be sentenced to imprisonment for a term
not to exceed 90 days.[1]
C.
Upon conviction of a violation under the provisions of this chapter,
the child under the age of 16 years convicted of the offense shall
be sentenced to pay a fine of not more than $50 and the costs of prosecution.
D.
In addition to or in lieu of any fine imposed under this section,
the Magisterial District Judge, as applicable, may order that the
parent, guardian or other person having legal custody or charge of
the child to perform community service and, also, may order the child
under the age of 16 years to perform community service.
