[Ord. 291, 8/9/2005, § 1]
This Part is adopted in conformance with and pursuant to authority
granted by §§ 1006(3) and 1202(74) of the Borough Code
[53 P.S. §§ 46006(3) and 46202(74)], as amended.
[Ord. 291, 8/9/2005, § 2]
The purpose of this Part is to promote the general welfare and
protect the general public through the reduction of juvenile violence
and crime within the Borough; to promote the safety and well-being
of the Borough's youngest citizens, persons under the age of
18, whose inexperience renders them particularly vulnerable to becoming
participants in unlawful activities, particularly unlawful drug activities,
and to being victimized by older perpetrators of crime; and to foster
and strengthen parental responsibility for children.
[Ord. 291, 8/9/2005, § 3]
As used within this Part, the following words and phrases shall
have the meanings ascribed to them below:
CURFEW HOURS
Refers to the hours of 11:01 p.m. through 5:00 a.m. Monday
through Sunday.
EMERGENCY
Refers to unforeseen circumstances, or the status or condition
resulting therefrom, requiring immediate action to safeguard life,
limb or property. The term includes, but is not limited to, fires,
natural disasters, automobile accidents, or other similar circumstances.
ESTABLISHMENT
Refers to any privately owned place of business within the
Borough operated for a profit, to which the public is invited, including,
but not limited to, any place of amusement or entertainment. With
respect to such establishment, the term "operator" shall mean any
person, and any firm, association, partnership (and the members or
partners thereof) and/or any corporation (and the officers thereof)
conducting or managing that establishment.
MINOR
Refers to any person under 18 years of age who has not been
emancipated by court order.
OFFICER
Refers to a police or other law enforcement officer charged
with the duty of enforcing the laws of the Commonwealth of Pennsylvania
and/or ordinances of the Borough.
PARENT
Refers to a person who is a minor's biological or adoptive
parent and who has legal custody of a minor (including either parent,
if custody is shared under a court order or agreement); a person who
is the biological or adoptive parent with whom a minor regularly resides;
a person judicially appointed as a legal guardian of the minor; and/or
a person 18 years of age or older standing in loco parentis (as indicated
by the authorization of an individual listed above, for the person
to assume the care or physical custody of the child, or as indicated
by any other circumstances).
PERSON
Refers to an individual, not to any association, corporation,
or any other legal entity.
PUBLIC PLACE
Refers to any place to which the public or a substantial
group of the public has access, including, but not limited to: streets,
highways, roads, sidewalks, alleys, avenues, parks, and/or the common
areas of schools, hospitals, apartment houses, office buildings, transportation
facilities and shops.
REMAIN
Refers to the following actions:
A.
To linger or stay at or upon a place; and/or
B.
To fail to leave a place when requested to do so by an officer
or by the owner, operator or other person in control of that place.
TEMPORARY CARE FACILITY
Refers to a nonlocked, nonrestrictive shelter at which minors
may wait, under visual supervision, to be retrieved by a parent. No
minors waiting in such facility shall be handcuffed and/or secured
(by handcuffs or otherwise) to any stationary object.
[Ord. 291, 8/9/2005, § 4]
It shall be unlawful for a minor, during curfew hours, to remain
in or upon any public place within the Borough, to remain in any motor
vehicle operating or parked therein or thereon, or to remain in or
upon the premises of any establishment within the Borough, unless:
A. The minor is accompanied by a parent; or
B. The minor is involved in an emergency; or
C. The minor is engaged in an employment activity, or is going to or
returning home from such activity, without detour or stop; or
D. The minor is on the sidewalk directly abutting a place where he or
she resides with a parent; or
E. The minor is attending an activity sponsored by a school, religious,
or civic organization, by a public organization or agency, or by another
similar organization or entity, which activity is supervised by adults,
and/or the minor is going to or returning from such an activity without
detour or stop; or
F. The minor is on an errand at the direction of a parent, and the minor
has in his or her possession a writing signed by the parent containing
the following information: the name, signature, address and telephone
number of the parent authorizing the errand, the telephone number
where the parent may be reached during the errand, the name of the
minor, and a brief description of the errand, the minor's destination(s)
and the hours the minor is authorized to be engaged in the errand;
or
G. The minor is involved in interstate travel through, or beginning
or terminating in, the Borough; or
H. The minor is 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.
[Ord. 291, 8/9/2005, § 5]
It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate the above §
6-604.
[Ord. 291, 8/9/2005, § 6]
It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of the above §
6-604.
[Ord. 291, 8/9/2005, § 7]
It shall be unlawful for the operator of any establishment,
or for any person who is an employee thereof, to knowingly permit,
allow or encourage a minor to remain upon the premises of the establishment
during curfew hours. It shall be a defense to prosecution under this
section that the operator or employee of an establishment promptly
notified the Police Department that a minor was present at the establishment
after curfew hours and refused to leave.
[Ord. 291, 8/9/2005, § 8]
It shall be unlawful for any person (including any minor) to
give a false name, address, or telephone number to any officer investigating
a possible violation of this section.
[Ord. 291, 8/9/2005, § 9]
Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the Borough during curfew hours is in violation of the above §
6-604.
A. If such investigation reveals that the presence of such minor is in violation of the above §
6-604, then:
(1) If the minor has not previously been issued a warning for any such
violation, 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 parent(s); or
(2) If the minor has previously been issued a warning for any such violation,
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.
B. As soon as practicable, the officer shall:
(1) Release the minor to his or her parent(s). If the parent cannot be
located or fails to take charge of the minor, then the minor shall
be temporarily entrusted to a relative, neighbor or other person who
will, on behalf of the parent, assume responsibility of caring for
the minor pending the availability or arrival of a parent; or
(2) Place the minor in a temporary care facility for a period not to
exceed the remainder of the curfew hours, so that his or parent(s)
may retrieve the minor; or
(3) If a minor refuses to give an officer his or name and address, refuses
to give the name and address of his or her parent(s), or if no parent
can be located prior to the end of the applicable curfew hours, or
if located, no parent appears to accept custody of the minor, the
minor may be taken to a nonsecure crisis center or juvenile shelter
and/or may be taken to a judge or intake officer of the juvenile court
to be dealt with in the manner and pursuant to such procedures as
required by law.
C. If an investigation by an officer reveals that a person has violated the above §§
6-604 - 6-608 inclusive, and if the person has not previously been issued a warning with respect to any such violation, an officer shall issue a verbal warning to the person, which shall be followed by a written warning mailed by the Police Department to the person; however, if any such warning has been previously issued to that person, then the officer shall charge the person with a violation and shall issue a summons directing the person to appear in court.
[Ord. 291, 8/9/2005, § 10]
Any person, firm, corporation or organization violating any
of the provisions of this Part shall, upon summary conviction before
a Magisterial District Judge having jurisdiction, be sentenced to
pay a fine of not less than $50 nor more than $300 and costs of prosecution
and, in default of the payment thereof, shall be sentenced to undergo
imprisonment in the Snyder County Jail for a period not to exceed
10 days.
[Ord. 291, 8/9/2005, § 11]
Within one year after the effective date of this Part, the Borough
Secretary shall review this Part and report and make recommendations
to the Borough Council concerning the effectiveness of and the continuing
need for this Part. The Borough Secretary's report shall specifically
include the following information:
A. The practicality of enforcing this Part and any problems with enforcement
identified by the Police Department;
B. The impact and cost of this Part;
C. Other data and information which the Police Department believes to
be relevant in assessing the effectiveness of this Part; and
D. Information from citizens regarding whether this Part has been administered
and enforced fairly, including information regarding the age, gender
and race of those charged or detained under this Part.