[Ord. 797-12, 8/27/2012, § 101]
This Part shall be known and referred to, in short, as the "Juvenile
Curfew Ordinance."
[Ord. 797-12, 8/27/2012, § 102]
The purpose of this Part is to prescribe, in accordance with
constitutional protections and prevailing community standards, regulations
for the conduct of minors on the streets and other public places in
the Borough of Hamburg for the protection of the minors from each
other and from other individuals on the streets and other public places
during nocturnal hours, for the enforcement of parental control and
responsibility over their minor children, for the protection of the
general public from nocturnal mischief by minors, for the reduction
of incidences of juvenile criminal activity and violence, and for
the promotion of the public good, health, safety and welfare of the
citizenry of the Borough of Hamburg.
[Ord. 797-12, 8/27/2012, § 103]
The following words, terms, and phrases, when used in this Part,
shall have the meaning ascribed to them in this Section, except where
the context clearly indicates a different meaning:
The hours of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday
or Thursday until 6:00 a.m. of the following day and 12:01 a.m. through
6:00 a.m. on any Saturday or Sunday.
An unforeseen combination of circumstances, or the status
or condition resulting therefrom, which shall require immediate action
to safeguard life, limb or property. This term shall include, but
is not limited to, a fire, a natural disaster, an automobile accident,
or any other similar situation requiring immediate action to prevent
serious bodily injury or loss of life.
Any privately owned place of business within the Borough
of Hamburg operated for a profit to which the public is invited, including,
but not limited to, any place of amusement or entertainment.
An individual judicially appointed by court order to serve
as the legal guardian of the minor or a public/private agency with
whom the minor has been judicially placed by a court order.
An individual under 18 years of age who has not been emancipated
by a court order.
A police or other law enforcement officer authorized to enforce
the laws of the Commonwealth of Pennsylvania and/or the ordinances
of the Borough of Hamburg.
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment. This term shall
include the members and/or partners of an association, partnership
or limited liability company and the officers of a corporation or
limited liability company.
A person who is:
Any place to which the public or a substantial group of the
public has access, which shall include, but is not limited to, streets,
highways, roads, sidewalks, alleys, avenues, parks, and/or the common
areas of schools, hospitals, apartment complexes, office buildings,
transportation facilities and shops.
To linger or stay at or upon a place and/or fail to leave
a premises, when requested to do so by an officer or the owner, operator
or other person in control of the premises.
A bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
A nonlocked, nonrestrictive shelter at which minors may wait,
under visual supervision, to be retrieved by a parent.
[Ord. 797-12, 8/27/2012, § 104]
1.
It shall be unlawful for a minor to remain in or upon any public
place or on the premises of any establishment or to remain in any
motor vehicle operating or parked therein or thereon within the Borough
of Hamburg during curfew hours.
2.
It shall be unlawful for a parent or guardian of a minor to knowingly
allow or knowingly permit or, due to insufficient parental control,
allow a minor to remain in or upon any public place or on the premises
of any establishment or to remain in any motor vehicle operating or
parked therein or thereon within the Borough of Hamburg during curfew
without legal justification therefor.
3.
It shall be unlawful for the owner, operator or any employee of an
establishment to knowingly permit, allow or encourage a minor to remain
in or upon the premises of the establishment within the Borough of
Hamburg during curfew hours without legal justification therefor.
4.
It shall be unlawful for any person, which includes any minor, to
give a false name, address or telephone number to any officer investigating
a possible violation of this Part.
[Ord. 797-12, 8/27/2012, § 105]
1.
It shall be an affirmative defense to prosecution under § 6-704 of this Part that:
A.
The minor was accompanied by a parent, guardian or other person having
legal care or custody of such minor.
B.
The minor was lawfully engaged in an employment activity, or going
to or returning home from an employment activity, without any detour
or stop.
C.
The minor was involved in an emergency.
D.
The minor was on an errand at the direction of a parent or guardian,
without any detour or stop.
E.
The minor was in a motor vehicle involved in interstate travel, whether
beginning or ending, through the Borough of Hamburg.
F.
The minor was on the sidewalk directly abutting the minor's residence
or abutting the residence of a next-door neighbor, provided that the
neighbor did not complain to an officer about the minor's presence
thereon.
G.
The minor was attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the Borough of Hamburg,
a civic organization, or another similar entity that takes responsibility
for the minor, or the minor was going to or returning home from, without
any detour or stop, an official school, religious or other recreational
activity supervised by adults and sponsored by the Borough of Hamburg,
a civic organization, or another similar entity that takes responsibilities
for the minor.
H.
The minor was 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.
2.
It shall be an affirmative defense to prosecution under § 6-704.3
of this Part that the operator, owner or employee of any establishment
promptly notified the Police Department that a minor was present on
the premises of the establishment during curfew hours and refused
to leave.
[Ord. 797-12, 8/27/2012, § 106]
1.
Prior to taking any enforcement action hereunder, an officer shall conduct an immediate investigation of the offender and the alleged violative conduct in question in order to properly ascertain whether or not the presence of the minor in a public place or establishment or in a motor vehicle therein or thereon within the Borough of Hamburg during curfew hours was in violation of a provision of § 6-704 of this Part. Upon completion of this investigation, the officer shall not take any further action under this Part unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 6-705 is present or applicable.
A.
If, during an official investigation by an officer herein, the alleged
minor is unable to produce a valid license or identification with
proof of age, such officer shall be entitled to use his or her professional
discretion in determining the age of the alleged minor, and until
such affirmative proof of age is furnished by the alleged minor, the
professional judgment of the police officer shall prevail.
2.
In the event that such investigation reveals that the presence of a minor is in violation of the provisions of § 6-704 of this Part:
A.
If the minor has not previously been issued a warning for any such
violation hereunder, then the officer shall issue a verbal warning
to the minor, which shall be followed by a written warning mailed
by the Police Department to the minor and his or her parents.
B.
If the minor has previously been issued a verbal and written warning
for any such violation hereunder, then the officer shall charge the
minor with a violation of this Part and shall issue a summons requiring
the minor to appear in court for the charges cited hereunder.
3.
Following an official investigation by an officer herein, the officer
shall, as soon as practical, release the minor to his or her parents
or place the minor in a temporary care facility for a period not to
exceed the remainder of the curfew hours, so that his or her parents
may retrieve said minor.
[Ord. 797-12, 8/27/2012, § 107]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be guilty of a summary offense, which is
punishable by a fine of not more than $100 for such offense or a fine
of not more than $500 for the second and for each succeeding offense
hereunder.
[Ord. 797-12, 8/27/2012, § 108]
Within one year of the effective date of this Part, the Mayor
of the Borough shall review this Part and report and make any recommendations
to the Borough Council concerning the effectiveness of and the continuing
need for this Part. This report shall specifically include the following
information:
A.
The practicality of enforcing the Part and any problems with enforcement
identified by the Police Department;
B.
The impact of the Part on crime statistics;
C.
The number of persons successfully prosecuted for violation of this
Part;
D.
The Borough's net cost in enforcing this Part; and
E.
Any other data and/or information from the Police Department or citizens
of the Borough regarding any necessary and pertinent information regarding
the substance, enforcement or implementation of this Part.
