City of Nanticoke, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Nanticoke 11-7-2012 by Ord. No. 11-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 222, Curfew, adopted 5-19-1969 by Ord. No. 19-1969, as amended.
The purpose of this chapter is to promote the safety and good order of the community by helping to eradicate rowdiness, excessive noise, vandalism, harassment, graffiti, drug dealing and other behavior caused by juveniles that adds to disorder in the community and to encourage school attendance and parental responsibility.
A. 
It shall be unlawful for any child under the age of 18 years to remain in or upon any public street, alley, highway, park or other public place in the City between the hours of 10:00 p.m. and 6:00 a.m. and between the hours of 9:00 p.m. and 6:00 a.m. when daylight saving time is in effect, unless:
(1) 
Such child shall be accompanied by a parent, guardian or other person in parental relation having the legal custody, control or charge of such child.
(2) 
Such child shall be lawfully employed, in the course of which employment it is necessary to use such public street, alley, highway or other public place for such employment or to travel to or from his/her place of employment.
(3) 
Such child is on lawful and necessary business for his/her parent, guardian or other person in parental relation having the legal custody, control or charge of such child.
(4) 
Such child is returning from a school, religious, recreational or job activity.
(5) 
Such child is on an emergency errand authorized by his/her parent, guardian or other person in parental relation having the legal custody, control or charge of such child.
B. 
It shall be unlawful for any parent, guardian or person in parental relation having control of any child under the age of 18 years to permit such child to be or remain in or upon any public street, alley, highway, park or other public place in the City between the hours of 10:00 p.m. and 6:00 a.m. and between the hours of 9:00 p.m. and 6:00 a.m. when daylight saving time is in effect, unless:
(1) 
Such child is lawfully employed, in the course of which employment it is necessary to use such public street, alley, highway or other public place related to such employment.
(2) 
Such child is on lawful and necessary business for his/her parent, guardian or other person in parental relation having legal custody, control or charge of such child.
(3) 
Such child is returning from a school, religious, recreational or job activity.
(4) 
Such child is on an emergency errand authorized by his/her parent, guardian or other person in parental relation having the legal custody, control or charge of such child.
A. 
It shall be unlawful for any child of compulsory school age enrolled in any elementary or secondary school to be or remain in or upon any public street, alley, highway, park or other public place in the City between the hours of 8:30 a.m. and 2:30 p.m. on any day for which school is in session, unless such child is on a scheduled vacation or holiday observed by the school, or that child has permission to be absent from school or to be in a public place from an authorized school official. In the case of a child educated through a lawfully constituted home school program, a parent shall be deemed an authorized official.
B. 
It shall be unlawful for any parent, guardian or person in parental relation having control or charge of any child of compulsory school age to permit such child to be or remain in or upon any public street, alley, highway, park or public place in the City between the hours of 8:30 a.m. and 2:30 p.m. on any day for which school is in session, unless such child is on a scheduled vacation or holiday observed by the school, or that child has permission from an authorized school official to be absent from the school or to be in a public place.
It shall be unlawful for any person to act as an accomplice in violating any provisions of this chapter if, with the intent of promoting or facilitating the commission of the offense, he/she:
A. 
Solicits the child to commit it.
B. 
Aids, agrees or attempts to aid such other person in planning or committing it.
A. 
Offense of child.
(1) 
Any child who shall fail to comply with the provisions of this chapter shall be taken into custody by the Police Department and delivered to his parents, guardian or other person in parental relation having the legal custody, control or charge of such child and shall be cited for a violation, and a fine of not less than $25 nor more than $600 plus court costs shall be imposed for the first offense. In default of payment of said fine and costs, it shall be referred by the District Justice to the Juvenile Court pursuant to the Juvenile Act, 42 Pa. C.S.A. § 6301 et seq.
(2) 
Any child who shall fail to comply with the provisions of this chapter for a second offense shall be sentenced, upon conviction, to pay a fine of not less than $100 nor more than $600. In default of payment of said fine and costs, it shall be referred by the District Justice to the Juvenile Court pursuant to the Juvenile Act, 42 Pa. C.S.A. § 6301 et seq.
(3) 
Any child who shall fail to comply with the provisions of this chapter for a third offense shall be sentenced, upon conviction, to pay a fine of not less than $300 nor more than $600. In default of payment of said fine and costs, it shall be referred by the District Justice to the Juvenile Court pursuant to the Juvenile Act, 42 Pa. C.S.A. § 6301 et seq.
(4) 
Any child, whether a resident or nonresident of the City, who shall violate this chapter four or more times shall be reported to the proper juvenile correctional authorities of the County of Luzerne for the appropriate action pursuant to the Juvenile Act, 42 Pa. C.S.A. § 6301 et seq.
B. 
Offense of parent. Every parent, guardian or person in parental relation having control or charge of any child who fails to comply with the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 for each offense related to evening curfew violations and not less than $100 nor more than $600 for daytime curfew violations, together with costs, and, in default of payment of such fine and costs, may be sentenced to imprisonment for not to exceed 30 days.
C. 
Accomplices. Any person found to be an accomplice shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600 for each offense, plus costs of prosecution, and, in default of payment of such fine and costs, may be imprisoned for a term not to exceed 30 days. In cases of default of payment where the accomplice is determined to be a juvenile legally disenrolled from school, the accomplice shall be referred by the District Justice to the Juvenile Court pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq.