Borough of New Freedom, PA Chapter 106 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of New Freedom 10-14-1963; amended in its entirety 6-10-1996 by Ord. No. 1996-5 (Ch. 6, Part 3, of the 1983 Code of Ordinances). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation areas — See Ch. 149.

§ 106-1 Definitions.

Unless the context clearly indicates the contrary, the following definitions shall apply in this chapter:

ESTABLISHMENT

Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.

MINOR

Any person under the age of 18 years.

OFFICIAL BOROUGH TIME

Eastern standard time, except from the second Sunday in March to the first Sunday in November during which it shall be Eastern daylight saving time.[1]

OPERATOR

Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment; and whenever used in any clause prescribing a penalty the term "operator," as applied to associations or partnerships, shall include the members or partners thereof and, as applied to corporations, shall include the officers thereof.

PUBLIC PLACE

Any public street, highway, road, alley, park, playground, public building or vacant lot.

REMAIN

To loiter, idle, wander, stroll, play, or be in or upon.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 106-2 Unlawful conduct of minors; exceptions.

A. No minor shall remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 6:00 a.m., official Borough time.

B. The provisions of this section shall not alter or effect § 149-2, Park hours, of the Code of the Borough of New Freedom, or its successor, and shall be read and interpreted consistent therewith.

C. The provisions of this section shall not apply to any minor accompanied by a parent, or to a minor upon an errand or other legal business directed by such minor's parent or to any minor who is engaged in gainful lawful employment during the curfew hours.

§ 106-3 Unlawful conduct of owners or operators of establishments; exceptions.

A. No operator of an establishment or their agents or employees shall knowingly permit any minor to remain upon the premises of said establishment between the hours of 11:00 p.m. and 6:00 a.m., official Borough time.

B. The provisions of this section shall not apply to any operator of an establishment or their agents or employees with regard to a minor employed by the operator and engaged in gainful lawful employment by the operator during the curfew hours.

§ 106-4 Enforcement.

A. Any police officer who finds a minor violating any provisions of § 106-2 may issue a citation immediately to the minor, constituting a summary violation, and may then take the minor home if feasible, or may take the minor to police headquarters and request a parent to come to headquarters for the minor.

B. The Police Department or Borough shall give or send to the parent, guardian or other adult person having the care and custody of such minor a written notice of a minor's violation of the provisions of § 106-2 containing a warning that if such violation is repeated, the penalties prescribed herein will be invoked against such parents, guardian or person having the care and custody of the minor involved. Such written notice may be given to such person through the mail, to his last known address, and shall be deemed to have been given to the person entitled thereto when deposited in the United States mail.

C. Any police officer who finds an operator of an establishment or their agent or employees violating any provision of § 106-3 may issue a citation immediately to the operator of the establishment or their agents or employees, constituting a summary violation.

§ 106-5 Violations and penalties.

A. Any minor who shall be adjudged in violation of § 106-2 of this chapter before a Magisterial District Judge shall be sentenced to pay a fine of not less than $25 and not more than $600 for each violation, and costs of prosecution to be collected as other fines and costs are by law collectible, and in default of payment of said fine and costs, the Magisterial District Judge shall forward the citation and complaint to York County Juvenile Probation Office.

B. Any parent, guardian or other adult person having the care and custody of a minor who has violated any provision of § 106-2, after said parent, guardian or other adult person has been sent the written notice prescribed in § 106-4B of this chapter, shall be sentenced to pay a fine of not more than $600 for each violation, and costs of prosecution to be collected as other fines and costs are by law collectible, and in default of payment of said fine and costs, the Magisterial District Judge shall sentence the operator of the establishment or their agents or employees to imprisonment for not more than 30 days in York County Prison.

C. Any operator of an establishment or their agents or employees who shall be adjudged in violation of § 106-3 of this chapter before a Magisterial District Judge shall be sentenced to pay a fine of not more than $600 for each violation, and costs of prosecution to be collected as other fines and costs are by law collectible, and in default of payment of said fine and costs, the Magisterial District Judge shall sentence the operator of the establishment or their agents or employees to imprisonment for not more than 30 days in York County Prison.