[HISTORY: Adopted by the Borough Council of the Borough of
Bellefonte 6-6-1977 by Ord. No. 786 (Ch. 648 of the 1979 Codified Ordinances).
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Curfew
Ordinance."
This chapter is an updating of the Borough Curfew Ordinance
of July 26, 1943, prescribing, in accordance with prevailing community
standards, regulations for the conduct of minors on streets at night,
effectively enforced, taught in the homes, internalized and adhered
to for generations, all for the good of minors, for the furtherance
of family responsibility and for the public good, safety and welfare.
A.Â
Council finds that the curfew meets a very real local need, has been
over the years a significant factor in minimizing juvenile delinquency
and should be updated and amplified in the light of the Borough's
local situation and facts, including the following: The Borough is
the oldest community in Centre County, with clearly defined boundaries.
It has near its Police Station a central business district. It is
a residential community. After 9:00 p.m. in this quiet community,
as its people say, the sidewalks are rolled up. This community sense
of the proper time for cessation of outdoor activities by minors on
the streets is reflected in the curfew hours declared by this chapter.
Consideration is also given to the danger hours for nocturnal crime
and for accumulation of minors with potential risks incident to immaturity.
B.Â
Council finds that the Borough is not overcrowded. Population density,
as reflected in the Borough Comprehensive Plan, varies by neighborhoods.
The total area is given in acres. Streets occupy acres, acres are
devoted to public and semipublic uses, residential land use predominates
and single-family dwellings occupy the largest portion of the residential
area. Adequate indoor living space permits minors in the Borough to
occupy their time healthfully. Public parks and the public swimming
pool maintained by the Borough cease operation at 9:00 p.m., prevailing
time. Commercial recreational facilities are almost nonexistent, and
there is little or nothing for minors to do outdoors but roam the
streets after the curfew hours which this chapter declares.
C.Â
The Borough is a stable family community. Parental responsibility
for the whereabouts of children is the norm. Legal sanctions to enforce
such responsibility have had a demonstrated effectiveness over the
years, inasmuch as parental control increases the likelihood of a
reduction in the incidence of juvenile delinquency. Therefore, there
is a continuing need for the nocturnal curfew for minors which has
achieved and will continue to achieve under local conditions the purposes
hereinbefore stated.
As used in this chapter, the following terms shall have the
meanings indicated:
Continues from one birthday, such as the 17th, to, but not
including the day of, the next, such as the 18th birthday, making
it clear that 17 or less years of age is herein treated as equivalent
to the phrase "under 18 years of age." As another example, 11 or less
years of age means "under 12 years of age."
Any person under the age of 18 years or, in equivalent phrasing
often herein employed, any person 17 years of age or under.
Any person having legal custody of a minor:
The prevailing standard of time, whether Eastern standard
time or Eastern daylight saving time, generally observed at that hour
by the public in the Borough; prima facie, the time then observed
in the Borough administrative offices and Police Station.
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling four or more persons in which any minor involved would not
be using the streets for ordinary or serious purposes such as mere
passage or going home.
A way or place of any nature open to the use of the public
as a matter of right for purposes of vehicular travel or, in the case
of a sidewalk thereof, for pedestrian travel. The word "street" includes
the legal right-of-way, including, but not limited to, the cartway
or traffic lanes, the curb, the sidewalks, whether paved or unpaved,
and any grass plots or other grounds found within the legal right-of-way
of a street. The term "street" applies irrespective of what it is
called or formally named, whether alley, avenue, court, road or otherwise.
No person 17 or less years of age (under 18) shall be or remain
in or upon any street in the Borough at night during the period ending
at 6:00 a.m. and beginning:
In the following exceptional cases, a minor on a Borough street during the nocturnal hours for which § 244-4 is intended to provide the maximum limits of regulation and a clear general guide for minors, their parents and their fellow citizens, shall not, however, be considered in violation of § 244-4:
A.Â
When accompanied by a parent of such minor;
B.Â
When accompanied by an adult authorized by a parent of such minor
to take such parent's place in accompanying such minor for a
designated period of time and purpose within a specified area;
C.Â
When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and the right of assembly. Such minor shall evidence the bona fides
of such exercise by first delivering to Police Communications Center
personnel at the Municipal Building on West Lamb Street, where and
by whom high priority messages to the Mayor are regularly received,
a written communication, signed by such minor and countersigned, if
practical, by a parent of such minor, with his or her home address
and telephone number, addressed to the Mayor, specifying when, where
and in what manner such minor will be on the streets at night, during
hours otherwise prohibited by this chapter, in the exercise of a First
Amendment right specified in such communication.
D.Â
In a case of reasonable necessity, but only after such minor's
parent has communicated to Borough Police Station personnel the facts
establishing such reasonable necessity relating to specified streets
at a designated time for a described purpose, including points of
origin and destination. A copy of such communication, or of the police
record thereof, duly certified by the Chief of Police to be correct,
with an appropriate notation of the time it was received and of the
names and address of such parent and minor, shall be admissible evidence.
E.Â
When the minor is on the sidewalk of the place where such minor resides
or on the sidewalk of either next-door neighbor not communicating
an objection to the police officer;
F.Â
When returning home by a direct route from and within 30 minutes
of the termination of a school activity or an activity of a religious
or other voluntary association, of which prior notice, indicating
the place and probable time of termination, has been given in writing
to, and duly filed for immediate reference by, the Chief of Police
or the officer assigned by him on duty at the Police Station, thus
encouraging, here as in other exceptional situations, conduct on the
part of minors involved in such activities and striking a fair balance
for any somewhat conflicting interests.
G.Â
When authorized by special permit from the Mayor, carried on the person of the minor thus authorized, as follows: When normal or necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter, then recourse may be had to the Mayor, either for a regulation as provided in Subsection H hereof or for a special permit, as the circumstances warrant. Upon the Mayor's finding of necessity for the use of the streets to the extent warranted by a written application, signed by a minor and by a parent of such minor, if feasible, stating the name, age and address of such minor; the name, address and telephone number of a parent thereof; the height, weight, sex, color of eyes and hair and other physical characteristics of such minor; the necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable; and the street or route and the beginning and end of the period of time involved, by date and hour, the Mayor may grant a permit in writing for the use by such minor of such hours as in the Mayor's opinion may reasonably be necessary. In an emergency, this may be handled by telephone or other effective communication, with a corresponding record being made contemporaneously, either to the Mayor or, if unavailable, to the police officer authorized by the Mayor to act on his behalf in an emergency at the Police Station.
H.Â
When authorized by regulation issued by Council and approved by the
Mayor, in other similar cases of reasonable necessity, similarly handled,
for nighttime activities of more minors than can readily be dealt
with on an individual special permit basis. Such regulation by the
Mayor permitting use of the streets shall be issued sufficiently in
advance, if possible, to permit appropriate publicity through news
media and through other agencies, such as the schools, and shall define
the activity, the scope of the use of the streets permitted, the period
of time involved, which is not to extend more than 30 minutes beyond
the time for termination of such activity, and the reason for finding
that such regulation is reasonably necessary and is consistent with
the public interest and the purposes of this chapter.
I.Â
When the minor carries a certified card of employment, renewable
each calendar month when the current facts so warrant, dated or reissued
not more than 45 days previously, signed by the Chief of Police and
briefly identifying the minor, the address of his home and his place
of employment and his hours of employment.
J.Â
When the minor is, with parental consent, in a motor vehicle. This
contemplates normal travel. From excess of caution, this clearly exempts
bona fide interstate movement through the Borough. This also exempts
interstate travel beginning or ending in the Borough.
No parent having legal custody of a minor shall knowingly permit
or, by inefficient control, allow such minor to be or remain upon
any Borough street under circumstances not constituting an exception
to, or otherwise beyond the scope of, this chapter. The term "knowingly"
includes knowledge which a parent should reasonably be expected to
have concerning the whereabouts of a minor in that parent's legal
custody. It is intended to continue to keep neglectful and/or careless
parents up to a reasonable community standard of parental responsibility
through an objective test. It shall, a fortiori, be no defense that
a parent was completely indifferent to the activities, conduct or
whereabouts of such minor.
A.Â
A policeman of the Borough, upon finding or having attention called
to any minor on the streets in prima facie violation of this chapter,
normally shall take the minor to the Borough Police Station, where
a parent shall immediately be notified to come for such minor, whereupon
they shall be interrogated. This is intended to permit ascertainment,
under constitutional safeguards, of relevant facts, and to centralize
responsibility in the officer there and then on duty for accurate,
effective, fair, impartial and uniform enforcement and recording.
In the absence of convincing evidence, such as a birth certificate,
a policeman on the street shall, in the first instance, use his best
judgment in determining age.
B.Â
Police procedures shall constantly be refined in the light of experience
and may provide, inter alia, that the policeman may deliver to a parent
thereof a minor under appropriate circumstances; for example, a minor
of tender age near home whose identity and address may readily be
ascertained or are known.
C.Â
In any event, such policeman shall, within 24 hours, file a written
report with the Chief of Police, or shall participate, to the extent
of the information for which he is responsible, in the preparation,
by himself and the officer involved in such case, and in the filing
of such report, within 24 hours.
D.Â
When a parent, immediately called, has come to take charge of the
minor, and the appropriate information has been recorded, the minor
shall be released to the custody of such parent. If the parent cannot
be located or fails to take charge of the minor, then the minor shall
be released to the juvenile authorities, except to the extent that,
in accordance with police regulations, approved in advance by juvenile
authorities, the minor may temporarily be entrusted to a relative,
neighbor or other person who will, on behalf of a parent, assume the
responsibility of caring for the minor pending the availability or
arrival of a parent.
E.Â
In the case of a first violation by a minor, the Chief of Police
shall, by certified mail, send to a parent written notice of such
violation, with a warning that any subsequent violation will result
in full enforcement of this chapter, including enforcement of parental
responsibility and of applicable penalties.
From excess of caution, the Mayor is hereby authorized to give
advisory opinions, in writing or immediately reduced to writing, which
shall be binding and shall be adhered to by the police until this
chapter is amended in such respect, interpreting terms, phrases, parts
or any provision of this chapter. Normally, such advisory opinions
shall be in response to good faith, signed letters addressed to him
at the Municipal Building, questioning as ambiguous or as having a
potentially chilling effect on constitutional rights specifically
invoked, or as otherwise invalid, in all three categories with respect
to proposed conduct definitely described. This administrative remedy
must be exhausted prior to presenting to any court a question in any
of the three categories. Council does not intend a result that is
absurd, impossible of execution or unreasonable. It is intended that
this chapter be held inapplicable in such cases, if any, where its
application would be unconstitutional. A constitutional construction
is intended and shall be given. Council does not intend to violate
the Constitution of the Commonwealth of Pennsylvania or the Constitution
of the United States of America.
A.Â
Council will continue its evaluation and updating of this chapter.
Accordingly, there shall be compiled and informally reported to Council,
through effective channels, such as the normal monthly distribution
by the Borough Manager and the Borough Secretary, to each Councilman,
the Mayor and the Borough Solicitor, of noteworthy material, all exceptional
cases hereunder of reasonable necessity, the notices of school and
other activities, the Mayor's special permits and the Mayor's
regulations hereinbefore authorized, and the Mayor's advisory
opinions, for consideration by the appropriate committee and by Council
in further updating and continuing the evaluation of this chapter.
B.Â
For the same reasons, as well as for the implementation beyond these
legal aspects of the basic purposes hereof, the Mayor and relevant
committees of Council, through their respective chairmen in coordinated
efforts, shall work with existing volunteer groups and may organize
additional volunteer groups and shall stimulate volunteer leadership
in programs of research and of action dealing constructively on neighborhood
and local bases with juvenile delinquency and the prevention, control
or containment thereof, in all its ramifications, and with practical
steps toward the good life, and a better life, for minors 17 or less
years of age, and with the working of this chapter, community-wise
and in individual cases, as one much needed legal tool toward that
end as well as for continuing present protection of minors and of
other persons, and of property and other interests, important to the
welfare of the people of the Borough.
[Amended 2-19-1979 by Ord. No. 818]
A.Â
If, after a warning notice to a parent pursuant to § 244-7 of a first violation of a minor, a parent violates § 244-6 (in connection with a second violation by such minor), this shall be treated as a first offense by the parent. For such first parental offense, the parent shall be fined $25 and for each subsequent parental offense the fine shall be increased by an additional $25, e.g., $50 for the second, $75 for the third, $100 for the fourth, $125 for the fifth and so on, to a maximum of $300, as permitted by law. Each offense after a fine of $300 is reached shall be punishable by a fine of $300. The Magisterial District Judge, upon finding a parent guilty, shall sentence such parent to pay the fine and the costs of prosecution. In addition thereto, or in lieu thereof, the Magisterial District Judge may order such parent to be imprisoned in the County Jail for not more than 10 days for any offense or violation of any of the provisions of this chapter or for any subsequent offense or violation of any of the provisions of this chapter.
B.Â
In addition thereto, any minor who violates any of the provisions
of this chapter more than three times shall be reported by the Mayor
to a society or organization whose purpose it is to take charge of
incorrigibles and delinquents, and proceedings shall be taken under
the Juvenile Act, 42 Pa.C.S.A. § 6301, before the Juvenile Court
for the treatment, supervision and rehabilitation of such minor.[1]
C.Â
In the alternative, or at any time in addition to the penalties hereinbefore provided for, the Mayor may proceed directly to the proper juvenile authority under the provisions of Subsection B hereof in any case where the imposing of a fine or imprisonment upon a parent will not be effective or where for any other reason the provisions of this chapter cannot be made effective by the imposing of penalties under this section.
