This chapter shall be known as the "Curfew Ordinance."
It is declared to be the intent of Borough Council that this
chapter was enacted in accordance with community standards prevailing
in the community relating to the conduct of minors on streets and
public places at night. It is found by Borough Council that this chapter
is in the furtherance of family responsibility and for the health,
safety and welfare of the residents of the Borough of Munhall and
those traveling through or visiting within the Borough of Munhall.
Borough Council further finds that there is a need for updating
of the present Curfew Ordinance in the Borough in order to curb and
minimize juvenile delinquency.
Borough Council further finds that the Borough is largely residential
and that there are significant numbers of senior citizens within the
Borough. The prevailing sense and attitude in the Borough is that
nocturnal activities should be restricted or reduced for the health,
safety and welfare of the residents of the community and to reduce
the potential for crime and serious risk of injury to immature persons.
Borough Council further finds that parental guidance in the
Borough demands that parents be responsible for their children, be
apprised and cognizant of where they are at any given time and that
adherence to the standards expressed in this chapter meet with community
standards.
For purposes of this chapter, the following terms shall have
the meanings indicated:
CURFEW and CURFEW TIME
Shall be deemed to be that time of day or night when minors
may not be on public streets or places as set forth in this chapter.
MINORS
Persons under the age of 18 years.
PARENTS
Persons having legal custody of a minor as a natural or adopted
parent, as legal guardian, as one who stands in loco parentis or one
to whom legal custody has been given by order of any court of competent
jurisdiction.
REMAIN
To stay behind, to tarry or to stay unnecessarily upon the
streets or public places and shall be deemed to include congregating
in groups of persons and shall include interacting minors. A group
shall be deemed to exist where four or more persons exist and are
interacting together in any specific area. "Remain" shall further
be intended to include where minors, as defined herein or groups of
minors interacting as defined herein, are using the streets for purposes
which would not be ordinary or usual, such as for mere passage. It
is not intended that this chapter be defined to be an ordinance which
is prohibitive so as to prohibit the mere presence of minors on streets.
Exceptions are defined herein when the presence of minors on the streets
is valid. However, it is the intent of this chapter to define and
prohibit the loitering or remaining behind type of activity of minors,
which activity is not a reasonable use of streets for the purposes
for which streets are ordinarily intended.
STREET
A way or place open to use by the public as a matter of right
for purposes of vehicular or for pedestrian travel. This term shall
include the entire legal right-of-way, including, but not limited
to, traffic lanes, curbs, sidewalks and grassy areas adjacent to the
legal right-of-way.
TIME OF NIGHT
Prevailing standard of time during any part of the year whether
it be Eastern Standard Time or Eastern Daylight Saving Time.
YEAR OF AGE
The number of chronological years which a person has at a
specific point in time. The year of age shall continue from one birthday
until, but not including, the day of the next birthday. Hence, one
is 17 years of age until the date of birth of his 18th birth date.
[Amended 9-15-2010 by Ord. No. 1550]
There is hereby ordained to be a curfew in the Borough of Munhall
for persons 17 years of age and under. After the curfew time, it shall
be unlawful for any person 17 years of age or under to be or remain
upon the streets or public places within the Borough of Munhall at
night during the period of time commencing at 10:00 p.m. and ending
at 6:00 a.m., prevailing time.
It shall hereinafter be unlawful for any parent or person having
legal custody of a minor child to knowingly permit or to inefficiently
control or to allow such minor to be or remain upon any Borough street
or public place under circumstances not constituting an exception
to this chapter or to otherwise permit a minor to remain upon a public
street or place in violation of this chapter. "Knowingly" would include
actual knowledge which a parent would have or which should be reasonably
be expected to have concerning the whereabouts of minor in that parent's
legal custody. It is the purpose of this chapter to prevent neglectful
or careless parents from violating community standards and the standards
of parental responsibility by providing an objective test. It shall
not be a defense to a violation of this chapter that a parent was
indifferent or did not endeavor to ascertain the whereabouts of his
minor children.