This chapter is an updating of the Township of East Brandywine
Curfew Ordinance and, in accordance with prevailing community standards,
prescribes regulations for the presence of minors on streets, in public
places and other locations in Township of East Brandywine during certain
hours, all for the welfare and protection of minors, the furtherance
of parental responsibility and for public health, safety and welfare.
Accordingly, the Board of Supervisors finds as follows:
A. Reduce the number of juvenile crime victims;
B. Reduce injuries and accidents involving juveniles;
C. Reduce additional time for officers in the field;
D. Provide additional options for dealing with gang problems;
E. Reduce
juvenile peer pressure to stay out late; and
F. Assist
parents in the control of their children.
It shall be unlawful for any person 17 or fewer years of age
(under 18) to be or remain in or upon the streets within the Township
of East Brandywine at night during the period ending at 6:00 a.m.
and beginning:
A. At 10:00 p.m. for minors 11 or fewer years of age.
B. At 10:30 p.m. for minors 12 or 13 years of age.
C. At 11:00 p.m. for minors 14 or more years of age.
It shall be unlawful for a parent having legal custody of a
minor knowingly to permit or by inefficient control to allow such
minor to be or remain upon any street within the Township under circumstances
not constituting an exception to or otherwise beyond the scope of
the Curfew Ordinance. 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 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 or conduct or whereabouts of such minor.
Prevailing community standards and the real internalization
thereof or interpersonal sanctions therefor that, in practice, count
for much, as to when minors should be off the streets, reflected in
this Curfew Ordinance, are hereby undergirded with the following legal
sanctions.
A. If, after the warning notice pursuant to §
132-6 of a first violation by a minor, a parent violates §
132-5 (in connection with a second violation by said minor), this shall be treated as a first offense by the parent. For such first parental offense, a parent shall be fined $25, and for each subsequent offense by a parent, the fine shall be increased by an additional $25 (e.g., $50 for the second, $75 for the third offense). The Magisterial District Judge, upon finding a parent guilty, shall sentence the parent to pay such fine and the costs of prosecution and, upon refusal to pay such fine and costs, to be imprisoned in the jail of Chester County for a period not exceeding 10 days.
B. Any minor who shall violate any of the provisions of the Curfew Ordinance
more than three times shall be reported by the Manager to a society
or organization whose purpose it is to take charge of incorrigibles
and delinquents, and proceedings shall then be taken, under the Juvenile
Act, 42 Pa.C.S.A. § 6301 et seq., before the juvenile court
for the treatment, supervision and rehabilitation of such minor.
C. A like procedure before the juvenile authorities shall be followed
in any case where the imposing of a fine or fines upon a parent shall
not be effective or where, for any other reason, the provisions of
the Curfew Ordinance cannot be made effective by the imposing of penalties
under this section.
Severability is intended throughout and within the provisions
of the Curfew Ordinance. If any provision, including inter alia any
exception, part, phrase or term or the application thereof to any
person or circumstance, is held invalid, the application to other
persons or circumstances shall not be affected thereby, and the validity
of the Curfew Ordinance, in any and all other respects, shall not
be affected thereby. From excess of caution, the Manager is 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
the ordinance is amended in such respect, interpreting terms, phrases,
parts or any provisions. Normally, such advisory opinions shall be
in response to good faith, signed letters, addressed to him at the
Township administration building, questioning as ambiguous, 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 said three categories. The Board of Supervisors does not intend
a result that is absurd, impossible of execution or unreasonable.
It is intended that the Curfew Ordinance be held inapplicable in such
cases, if any, where its application would be unconstitutional. A
constitutional construction is intended and shall be given. The Council
does not intend to violate the Constitution of the Commonwealth of
Pennsylvania or the Constitution of the United States of America.
The Board of Supervisors will continue its evaluation and updating
of the Curfew Ordinance.
A. Accordingly, there shall be compiled and informally reported to the
Board of Supervisors through effective channels (such as the normal
monthly distribution by the Township Manager and Township Secretary
to each Councilman, the Manager and the Township Solicitor of noteworthy
material) all exceptional cases hereunder of reasonable necessity,
the notices of school and other activities, the Manager's special
permits and the Manager's regulations hereinbefore authorized,
and the Manager's advisory opinions, for consideration by the
appropriate committee and by the Board of Supervisors in further updating
and continuing evaluation of the Curfew Ordinance.
B. For the same reasons, as well as for the implementation beyond these
legal aspects of the basic purposes hereof, the Manager and relevant
committees of the Board of Supervisors, through their respective Chairmen,
in coordinated efforts, shall work with existing and may organize
voluntary 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 practicable
steps toward the good life and a better life for minors 17 or fewer
years of age and with the working of the Curfew Ordinance, communitywide
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 Township of East Brandywine.