[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy 2-10-1992 by Ord. No. 493 (Ch. 6, Part 1, of the 1992 Code of
Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Mount Joy
Borough Curfew Ordinance."
This chapter prescribes, 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.
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 Mount Joy Borough's
local situation and facts, including the following: Mount Joy Borough
has a compact built-up area largely within a mile and much of it within
a half mile of its police station at the 21 East Main Street Borough
offices. It has, near its police station, a small central business
district and a few manufacturing establishments. It is a residential
community in an area traditionally classified as Pennsylvania Dutch.
After 9:00 p.m. in this quiet community, as the 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, which takes into consideration
also the danger hours of nocturnal crime and for accumulations of
minors with potential risks incident to immaturity.
B.
Council further finds that Mount Joy 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; as parental control increases, likelihood
of juvenile delinquency decreases; and 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.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
include the future, words in the plural number include the singular,
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
The Borough of Mount Joy, Lancaster County, Pennsylvania,
with administrative offices at 21 East Main Street, Mount Joy, Pennsylvania
17552.
Any person under the age of 18, or, in the equivalent phrasing
often herein employed, any person 17 or less years of age.
Any person having legal custody of a minor as a natural or
adoptive parent; as a legal guardian; as a person who stands in loco
parentis; or as a person to whom legal custody has been given by order
of court.
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 passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in § 116-5 so that this is not a mere prohibitory or presence-type chapter. More and more exceptions become available with increasing years and advancing maturity as appropriate in the interest of reasonable regulation.
A way or place, of whatever 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 term "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 be called or formally named, whether alley, avenue, court,
road or otherwise.
Based on 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.
Continues from one birthday, such as the seventeenth, to
(but not including the day of) the next, such as the eighteenth birthday,
making it clear that "17 or less years of age" is herein treated as
equivalent to the phrase "under 18 years of age," the later phrase
in practice, unfortunately, having confused a number of persons into
the mistaken thought that eighteen-year-olds might be involved. Similarly,
for example, "11 or less years of age" means "under 12 years of age."
It shall be unlawful for any person 17 or less years of age
(under 18) to be or remain in or upon the streets within the Borough
of Mount Joy 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 § 116-4 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 this chapter:
A.
When accompanied by a parent of such minor.
B.
When accompanied by an adult authorized by a parent of such minor
to take said parent's place in accompanying said minor for a
designated period of time and purpose within a specified area.
C.
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 communications center personnel,
at the Borough Municipal Building at 21 East Main Street, where and
by whom high priority messages to the Mayor are regularly received,
a written communication, signed by such minor and countersigned, if
practicable, by a parent of such minor, with their home address and
telephone number, addressed to the Mayor of the Borough, specifying
when, where and in what manner said minor will be on the streets at
night (during hours when this chapter is otherwise applicable to said
minor) in the exercise of a First Amendment right specified in such
communication.
D.
In case of reasonable necessity, but only after such minor's
parent has communicated to the 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 therefor, 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.
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.
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.
When authorized by special permit from the Mayor, carried on the person of the minor thus authorized, as follows: When 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 of the Borough, either for a regulation as provided in Subsection H 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, addresses 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, the street or route and the beginning and ending 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 streets at 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.
When authorized, by regulation issued by the Mayor, in other similar
cases of reasonable necessity, similarly handled but adapted to necessary
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 should be issued sufficiently in advance
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,
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 purposes of this
chapter.
I.
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 addresses of his home and of his
place of employment, and his hours of employment.
J.
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 Mount Joy Borough. This also
exempts interstate travel beginning or ending in Mount Joy.
K.
When the minor is 17 years of age, if and when the Mayor shall have
determined, by formal rule first reported to Borough Council, spread
upon its minutes and so reported in the press, finding the facts as
to the extent (minimal) of juvenile delinquency in such age group
permitting such rule, currently, in the best interest of said minors
and the Borough, finding that this chapter should be relaxed, then
the Mayor, by such formal rule, covering a period of time designated
therein or until rescission thereof, not exceeding one year from the
date thereof, may take appropriate action excepting designated minors,
minors in a defined group or area, or all minors (as the current facts
may warrant) 17 years of age at that date or attaining 17 years of
age during the period that such formal rule is and remains in effect.
L.
Each of the foregoing exceptions and their several limitations, such
as provisions for notification, are severable as hereinafter provided
but here reemphasized.
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 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 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.
A police officer 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 safeguard, of relevant facts and to centralize
responsibility in the Sergeant there and then on duty for accurate,
effective, fair, impartial and uniform enforcement and recording,
thus making available experienced supervisory personnel, the best
of facilities and access to information and records. In the absence
of convincing evidence such as a birth certificate, a police officer
on the street shall, in the first instance, use his best judgment
in determining age.
A.
Police procedures shall constantly be refined in the light of experience
and may provide, inter alia, that the police officer 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.
B.
In any event, such police officer 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 Sergeant involved in such case and the filing of
such report within 24 hours.
C.
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.
D.
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 said
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.
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 chapter, are hereby undergirded with the following legal sanctions:
A.
If, after the warning notice pursuant to § 116-7 of a first violation by a minor, a parent violates § 116-6 (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.
B.
Any minor who shall violate any of the provisions of this chapter
more than three times shall be reported by the Mayor to the appropriate
agency whose purpose it is to take charge of dependent and delinquent
children, 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.
A.
Severability is intended throughout and within the provisions of
this chapter. 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 this
chapter in any and all other respects shall not be affected thereby.
From excess of caution, the Mayor 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 this chapter 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 Borough 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. Borough Council
does not intend a result that is absurd, impossible of execution or
unreasonable.
B.
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.
