[HISTORY: Adopted by the Borough of Hanover 3-18-1992 by Ord. No.
1905. Amendments noted where applicable.]
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.
BOROUGH
MINOR
PARENT
REMAIN
STREET
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.
The Borough of Hanover, York County, Pennsylvania, with administrative
offices at 44 Frederick Street, Hanover, Pennsylvania 17331.
Any person under the age of 18 or, in equivalent phrasing
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
parent is 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 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).
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.
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.
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.
