[HISTORY: Adopted by the Borough of Hanover 3-18-1992 by Ord. No. 1905. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 75.
Disorderly conduct — See Ch. 186.
This chapter shall be known and may be referred to as the "Curfew Ordinance."
A. 
Purposes. This chapter is an updating of the Borough Curfew Ordinance of 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.
B. 
Findings.
(1) 
The 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 light of Hanover's local situation and facts, including but not limited to the following:
(a) 
Hanover is one of the oldest communities in (and antedating) York County, with clearly defined boundaries along the intersection of State Routes 94, 194 and 116 in the Hanover-York Valley in southwest York County. Hanover has a compact built-up area largely within an area of 4.5 square miles, with its Police Department office in the center of the municipal area at 44 Frederick Street. The Police Department office is located within the central business district which includes retail, professional office, utility office, governmental, service, financial and manufacturing land uses. Still Hanover remains primarily a residential community; a good place to raise children, it is said; an area traditionally Pennsylvania Dutch in background, where after 9:00 p.m., as people say, the sidewalks are rolled up. This community's 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 for nocturnal crime and for accumulations of minors with potential risks incident to immaturity.
(2) 
The Council finds that compact Hanover is not overcrowded. Population density, as reflected in the Borough Comprehensive Plan of 1980, is 3,891 per square mile. The total area is 2,370 acres, of which streets occupy 453 acres [19%]; 164 acres are devoted to public/semipublic uses [6.9%]; 715 acres are in residential use [30.1%], where single-family dwellings occupy the largest portion of the residential area. Adequate indoor living space permits minors in Hanover to healthfully occupy their time. Commercial recreation facilities are limited, and there is little or nothing for minors to do outdoors after the curfew hours herein declared but to roam the streets.
(3) 
The Council finds that there are 3,336 minors, the 1990 Census figure for persons under 18 years of age, residing in Hanover. There are fewer than 3,078 minors for each school grade. Hanover has three elementary schools, one middle school for grades five through eight and one high school.
(4) 
The Council further finds that the Hanover population (1990 Census) is 14,399. There are 6,316 households (averaging 2.22 persons per household) and 3,930 heads of family households. In 3,197 (81%) households, there are husbands and wives. Of the 2,831 minors, 2,831 are classified in the 1990 Census as "own child" of the head of household in which they reside. Hanover 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, the likelihood of juvenile delinquency decreases, and there is, therefore, continuing need for the nocturnal curfew for minors which has achieved and will continue to achieve under local conditions the purposes hereinbefore stated.
A. 
For the purposes of this chapter, the following terms, phrases and words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense 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.
BOROUGH
The Borough of Hanover, York County, Pennsylvania, with administrative offices at 44 Frederick Street, Hanover, Pennsylvania 17331.
MINOR
Any person under the age of 18 or, in equivalent phrasing herein employed, any person 17 or less years of age.
PARENT
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 parent is or as a person to whom legal custody has been given by order of court.
REMAIN
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. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in § 175-3. More and more exceptions become available with increasing years and as appropriate in the interest of reasonable regulation which is intended by use of the meaningful phrase "be or remain" found constitutional in Baker vs. Borough of Steelton, 17 Dauphin 17 (1912).
STREET
A way or place, of whatsoever 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 of traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots or the 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.
B. 
"Time of night" referred to herein is based upon 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 the Police Department.
C. 
Year of age 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," the latter 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 Hanover at night during the period ending at 6:00 a.m. and beginning:
A. 
At 10:00 p.m. for minors 11 or less 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.
A. 
In the following exceptional cases, a minor on a Borough street during the nocturnal hours for which § 175-4 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:
(1) 
When accompanied by a parent of such minor.
(2) 
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 specified areas.
(3) 
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 Municipal Building (Police Department) personnel at the Borough Municipal Building at 44 Frederick Street, where and to whom high priority messages to the Mayor are regularly received, written communications signed by such minor and countersigned as practicable by a parent of such minor with their home address and telephone number, addressed to the Mayor of the Borough, specifying 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 communications.
(4) 
In the case of reasonable necessity but only after such minor's parent has communicated to the Borough Police Department personnel the facts establishing such reasonable necessity, relating 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.
(5) 
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.
(6) 
When returning home by a direct route from (and within 30 minutes of the termination of) a school activity or an activity of 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 for the police Department, 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.
(7) 
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 A(8) or for a special permit as the circumstances warrant.
(8) 
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. Normally 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.
(9) 
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 of his place of employment and his hours of employment.
(10) 
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 Hanover, particularly on normal routes such as State Routes 116, 194 and 94, this beginning or ending in Hanover.
(11) 
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 the minutes and so reported in the press, finding 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 of the Borough, then the Mayor by such formal rule, covering a period of time designated therein or until recision 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 the date or attaining 17 years of age during the period that such formal rule is and remains in effect.
B. 
Each of the foregoing exceptions, and their several limitations such as provisions for notification, are severable, as hereinafter provided but here reemphasized; and additional, also severable, exceptions, broadening with the progress toward maturity of minors enrolled respectively in elementary, middle school and high schools, will be considered by the Council as warranted by future experience illuminated by the views of student associations, school personnel, citizens, associations, ward, precinct and neighborhood spokesmen, parents, offices and persons in authority concerned positively with minors as well as with juvenile delinquency.
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 priori, be a defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
A. 
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 Department Office, 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 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 policeman on the street shall in the first instance use his best judgment in determining age.
B. 
Police procedures shall constantly be refined in the light of experience and may provide, inter alia, that the policemen 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. 
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 filing of such report within 24 hours.
D. 
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. 
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 sanction:
A. 
If, after the warning notice pursuant to § 175-7 of a first violation by a minor, a parent violates § 175-6 (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, the 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 and $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 fines and costs, to be imprisoned in the jail of York County for a period not exceeding 10 days.
B. 
Any minor who shall violate 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 then be taken under the Juvenile Act, 11 P.S. § 50-101 et seq.,[1] before the Juvenile Court for treatment, supervision and rehabilitation of such minor.
[1]
Editor's Note: See now 42 Pa.C.S.A. § 6301 et seq.
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 this chapter cannot be made effective by the imposing of penalties under this § 175-8.
Severability is intended throughout and within the provisions of this chapter. If any provision, including inter alia any exception, part, phrase or term, or 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 the chapter is amended in such respect, interpreting terms, phrases, parts or any provisions. Normally, such advisory opinion 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; the Borough 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. The Council does not intend to violate the Constitution of the Commonwealth of Pennsylvania or the Constitution of the United States of America.
A. 
The Borough Council will continue its evaluation and updating of this chapter.
B. 
Accordingly, there shall be compiled and informally reported to the Borough Council through effective channels (such as the normal monthly distribution by the Borough Manager and Borough Secretary, each Councilman, the Mayor and the Borough Solicitor or noteworthy material) all exceptional cases hereunder of reasonable necessity, the notices of school and other activities, the Mayor's special form and the Mayor's regulations hereinbefore authorized and the Mayor's advisory opinions for consideration by the appropriate committee and by the Borough Council in further updating and continuing evaluation of this chapter.
C. 
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 the Borough Council 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 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 of other interests important to the welfare of the people of the Borough of Hanover.
All ordinances and parts of ordinances inconsistent herewith are repealed. This chapter specifically repeals the Curfew Ordinance of 1943, as amended.