[HISTORY: Adopted by the City Council of the City of Altoona 12-21-1976 by Ord. No.
4462 (Ch. 612 of the 1974 Codified Ordinances).
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Curfew
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated in this section:
Any person under the age of 18 years or, in 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 an
order of court.
To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups or the interacting of minors totalling 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. For the purposes of additional precision and precaution, numerous exceptions are expressly defined in § 281-4 so that this chapter is not a mere prohibitory or presence type of curfew ordinance. More exceptions become available with the minor's increasing years and advancing maturity as appropriate in the interest of reasonable regulation which is intended by use of the meaningful phrase "be or remain," which was found constitutional in Baker v. Borough of Steelton, 17 Dauph. 17 (PA, 1912), a decision properly classified in Thistlewood v. Trial Magistrate for Ocean City, 204 A. 2d 688 691 (MD, 1964), and also Borough of Middletown v. Shaw Bykofsky and his mother, argued before the Supreme Court in November 1976, as relating to a curfew ordinance of the "remaining" type.
A way or place, of whatever nature, open for the use of the
public as a matter of right for the purpose 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 of 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 word "street" applies irrespective
of what it is called or formally named, whether an alley, avenue,
court, road or otherwise.
The prevailing standard of time, whether Eastern standard
time or Eastern daylight saving time, generally observed at that hour
by the public in the City, which, prima facie, is the time then observed
in the City administrative offices and the Police Station.
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." Similarly, for example, 11
or less years of age means "under 12 years of age."
No person 16 years of age or less (under 17) shall be or remain
in or upon the streets of the City at night during the period ending
at 6:00 a.m. and beginning:
In the following exceptional cases, a minor on a City street during the nocturnal hours for which § 281-3 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not be considered in violation of such section. Further, consideration and flexibility shall be applied to community events and school-sponsored and -supervised activities, such as dances, sports programs, hops, recreational programs and other events, advertised as such, in which participation is open to all, which events and activities will close at or past the designated time limit provided in § 281-3. In such cases, a reasonable time shall be allowed for minors to arrive home following the conclusion of the event. The exceptional cases are as follows:
A.Â
When accompanied by a parent;
B.Â
When accompanied by an adult authorized by a parent of such minor
to take the parent's place in accompanying the 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 Communications Center personnel at the City Hall Building, by which high priority messages to the Chief of Police or a designated representative 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 Chief of Police, specifying when, where and in what manner such minor will be on the streets at night (during hours when § 281-3 is otherwise applicable to such minor) 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 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, if that neighbor
does not communicate an objection to a 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
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 a special permit from the Chief of Police, carried on the person of the minor thus authorized, as provided herein. When normal or necessary nighttime activities of a minor, particularly a minor well along the road to maturity, may be inadequately provided for by other provisions of this chapter, then recourse may be had to the Mayor or the Police Chief, either for a regulation as provided in Subsection H hereof or for a special permit as the circumstances warrant. Upon the Mayor's or the Police Chief's finding of necessity for the use of the streets to the extent warranted by a written application (as judicially approved in People v. Walton, 161 P. 2d 498, 502-503, Cal. App. 1945), signed by a minor and by a parent of such minor, if feasible, the Mayor or the Police Chief 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 be necessary. The application shall state 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, such as employment; the street or route involved; and the beginning and ending of the period of time involved by date and hour.
H.Â
If a minor, as designated under this chapter, is a member of the
military or a student of a college or is declared to be an "emancipated
minor" or has shown himself or herself to be a responsible mature
young adult, he or she may be exempt from this chapter, provided that
he or she does not violate any local or state law.
I.Â
When authorized by a regulation issued by the Police Chief in other
similar cases of reasonable necessity similarly handled but adapted
to normal or necessary nighttime activities of more minors that can
readily be dealt with on an individual special permit basis. Normally
such a regulation by the Chief permitting use of the streets should
be issued sufficiently in advance to permit appropriate publicity
through the news media and 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 a regulation is reasonably necessary and consistent with
the public interest and the purposes of this chapter.
J.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 beforehand, signed by the Chief of Police and
briefly identifying the minor, the addresses of his or her home and
place of employment and his or her hours of employment.
K.Â
When the minor is, with parental consent, in a motor vehicle. This
contemplates normal travel. Bona fide interstate movement through
the City and interstate travel beginning or ending in the City are
exempted.
L.Â
When the minor is 17 years of age, if and when the Mayor determines
that such an exception is warranted by the facts. Such exception shall
be by formal rule first reported to 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 the minors and of the City, finding the facts
as to a sufficient degree of maturity of those thus within one year
of adulthood, and finding that this chapter should be relaxed as an
incentive to and recognition of approaching maturity. By such formal
rule, covering a period of time designated therein or until rescission
thereof not exceeding one year from the date thereof, the Mayor may
take appropriate action excepting designated minors, minors in a defined
group or area or all minors (as the facts may warrant) 17 years of
age on that date or attaining 17 years of age during the period that
such formal rule is and remains in effect.
M.Â
Each of the foregoing exceptions and their several limitations, such
as provisions for notification, are severable, as hereinafter provided.
Additional, also severable, exceptions, broadening with the progress
toward maturity of minors enrolled respectively in elementary, junior
high and high schools, will be considered by Council as warranted
by future experience illuminated by the views of student government
associations, school personnel, citizens, associations, ward, precinct
and neighborhood spokesmen, parents, officers and persons in authority
concerned positively with minors as well as with juvenile delinquency.
No parent having legal custody of a minor shall knowingly permit,
or by inefficient control allow, such minor to be or remain upon any
City street under circumstances not constituting an exception to,
or otherwise beyond the scope of, this chapter. The word "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 obligated to reasonable community standards of parental responsibility
through an objective test. It shall be no defense that a parent was
completely indifferent to the activities, conduct or whereabouts of
such minor.
A policeman, upon finding or having attention called to any
minor on the streets in prima facie violation of any provision of
this chapter, normally shall take the minor to the police station,
where a parent shall immediately be notified to come for such minor,
whereupon they shall be interrogated. This procedure is intended to
permit ascertainment, under constitutional safeguards, of the relevant
facts, and to centralize responsibility in the police sergeant 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 or her best judgment
in determining the age of the person.
A.Â
Police procedures shall constantly be refined in the light of experience
and may provide, inter alia, that the policeman may deliver a minor
to a parent of such minor under appropriate circumstances, for example
a minor of tender age near home whose identity and address may readily
be ascertained.
B.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 and the sergeant involved in such
case are responsible.
C.Â
When a parent, after being immediately called, comes 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 shall, on behalf of a parent,
assume the responsibility of caring for the minor pending the availability
or arrival of a parent.
D.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 along with a warning that any subsequent violation will
result in the full enforcement of this chapter, including the enforcement
of parental responsibility and of all applicable penalties.
Severability is intended throughout and within the provisions
of this chapter. If any provision, including 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. The Mayor is authorized to give advisory opinions,
in writing or immediately reduced to writing, which shall be binding
and adhered to by the City of Altoona Police Department, until this
chapter is amended in such respect, interpreting terms, phrases, parts
or any provisions of this chapter. Normally such advisory opinions
shall be in response to good faith, signed letters addressed to the
Mayor at his or her City Hall office, questioning as ambiguous, as
having a potentially chilling effect on constitutional rights specifically
invoked or as otherwise invalid, in both categories with respect to
proposed conduct definitely described. This administrative remedy
must be exhausted prior to presenting to any court a question in either
of the categories. Council does not intend a result that is absurd,
incapable 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 or the Constitution of the United States.
Council shall continue its evaluation and updating of this chapter.
A.Â
There shall be compiled and informally reported to Council through
effective channels (such as the normal monthly distribution of noteworthy
material by the juvenile authorities to the Mayor and the City Solicitor)
all exceptional cases hereunder of reasonable necessity, the notices
of schools and other activities, the Mayor's special permits
and regulations hereinbefore authorized, and the Mayor's advisory
opinions, for consideration by the appropriate committee and by Council
in further updating and continually evaluating 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 and newly organized 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 a better
life for minors 17 or less years of age, and with the working of this
chapter as a needed legal tool toward that end, as well as for the
continuing present protection of minors and of other persons and of
property and other interests important to the welfare of the people
of the City.
A.Â
If after the warning notice pursuant to § 281-6 for a first violation by a minor a parent violates § 281-5 in connection with a second violation by such minor, this shall be treated as a first offense by the parent, punishable by a fine of $25. For each subsequent offense by a parent, the fine shall be increased by an additional $25. The Magisterial District Judge, upon finding a parent guilty, shall sentence the parent to pay such fine and the costs of prosecution. Upon refusal to pay such fine and costs, the parent shall be imprisoned for a period not exceeding 10 days.
B.Â
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 then be taken under the Juvenile Act, 42 Pa.C.S.A.
§ 6301 et seq., for the treatment, supervision and rehabilitation
of such minor.
C.Â
A like procedure, before the juvenile authorities, shall be followed
in any case where the imposing of a fine or fines upon a parent proves
ineffective or where for any other reason the provisions of this chapter
cannot be made effective by the imposing of penalties under this section.
