[Ord. 899, 7/10/2006]
The Town of Bloomsburg, recognizing the problem of crimes committed
by and against juveniles between certain hours, and believing that
such crimes can be dealt with more effectively by regulating the hours
during which minors less than 17 years of age may remain in public
places and certain establishments without adult supervision, hereby
enacts this Part for the purpose of promoting the general welfare
and protecting the general public through reduction of juvenile violence
and crime within the Town of Bloomsburg, promoting the safety and
welfare of the Town's citizens under the age of 17 whose youth
and inexperience renders them particularly vulnerable to becoming
participants in criminal activity and in being victimized by perpetrators
of crime.
[Ord. 899, 7/10/2006]
In this Part, the following definitions shall apply.
The period of time between the hours of 11:00 p.m. and 6:00
a.m. on Sunday through Thursday nights into Friday mornings and between
the hours of 12:00 a.m. and 6:00 a.m. on Saturday and Sunday mornings.
Refers to 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.
Any person less than 17 years of age. For the purpose of
this Part, any person shall be deemed to be 17 years of age on the
date of his or her 17th birthday and not before said date.
The biological or adoptive parent of a minor or a legal guardian,
or an adult 21 years of age or over, 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.
Any public street, highway, road, parking lot, alley, park,
play-ground, vacant lot or any private building or structure to which
the public is invited or in which the public is allowed to remain.
To be at or stay at a place.
[Ord. 899, 7/10/2006]
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 in the Town of Bloomsburg between the hours of 11:00 p.m.
and 6:00 a.m. on Sunday through Thursday nights into Friday mornings
and between the hours of 12:00 a.m. and 6:00 a.m. on Saturday and
Sunday mornings, except as follows:
A.
The minor is accompanied by a parent.
B.
The minor is involved in an emergency.
C.
The minor is involved in an activity related to his or her employment
or is going to or returning home from such activity without detour
or stopping.
D.
The minor is on the sidewalk directly abutting a place where he or
she resides with a parent.
E.
The minor is attending an activity sponsored by a school, religious
or civic organization, public organization or agency, or by another
similar organization or entity which activity is supervised by adults
and he or she is going to or returning from such activity without
detour or stopping.
F.
The minor is on an errand at the direction of his or her parent and
the minor has on their possession a written note from their parent
authorizing the errand.
G.
The minor is emancipated.
[Ord. 899, 7/10/2006]
No parent, guardian or other person having legal custody or care of any minor under 17 years of age shall allow or permit such minor to be in or upon any of the streets, alleys or public places in the Town of Bloomsburg between the hours of 11:00 p.m. and 6:00 a.m. on Sunday through Thursday nights into Friday mornings and between the hours of 12:00 a.m. and 6:00 a.m. on Saturday and Sunday mornings, subject to the exceptions set forth in § 8-803 above.
[Ord. 899, 7/10/2006]
A.
Before taking any enforcement action under this section, 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 upon any response and other circumstances, no exception exists as set forth in § 8-803 of this Part.
B.
Minors.
1.
Any minor who violates any provision of this Part for the first time
may be issued a non-traffic citation.
2.
Any minor who violates any provision of this Part may be taken into
temporary custody in which case his or her parents or another appropriate
person shall be notified, and the minor shall be released into custody
of the appropriate parent or parents of the minor, or to a brother
or sister 18 years of age or older, or another responsible adult.
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.
3.
Any minor who violates any provision of this Part three times may
be charged with the misdemeanor of loitering and prowling at night
and a juvenile petition shall be filed with the Juvenile Probation
Office of Columbia County.
4.
Any minor who violates any provision of this Part shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
more than $250 to be paid for the use of the Town of Bloomsburg, together
with costs of prosecution.
C.
Parent, Guardian or Custodian. Any parent, guardian or custodian
who violates any provision of this Part shall, upon conviction thereof
in a summary proceeding, be sentenced to pay a fine of not more than
$250 to be paid for the use of the Town of Bloomsburg, together with
costs of prosecution, or be sentenced to be imprisoned for not more
than 10 days, or both.
[Ord. 899, 7/10/2006]
The Bloomsburg Police Department shall have the authority to
enforce this Part.
