As used in this chapter, the following terms shall have the
meanings indicated:
CURFEW
The banning of juveniles from public places during specified
hours for a specified period of time.
EMERGENCY
Any situation when the peace, public health, safety, morals
or general welfare of the residents of the Borough of Lincoln Park,
or any of them, shall be endangered by conditions beyond the control
or remedy of the Police Department.
JUVENILE
Any individual under 18 years of age.
Upon the report and certification of the Chief of Police or,
in his absence, the ranking police officer that an emergency exists
within the Borough of Lincoln Park or any part thereof, the Mayor
shall have the power to declare a curfew banning juveniles from public
places within the Borough of Lincoln Park or any part thereof affected
by the emergency. The duration and hours of curfew shall be determined
by the Mayor after consultation with the Chief of Police, who shall
notify the Mayor of conditions in the area of the emergency and that,
in his judgment, a curfew is necessary to preserve or restore the
peace, health, safety, morals or general welfare of residents of the
Borough of Lincoln Park.
A curfew declared by the Mayor shall remain in full force and
effect for a period not to exceed 72 hours, by which time a special
Council meeting shall be convened by the Council President or, in
his/her absence, by the Borough Clerk for the purpose of confirming
or extending the curfew. If the curfew shall be confirmed by the governing
body, the same shall continue in full force and effect for a period
not to exceed 15 days, unless such curfew has been sooner terminated
or extended by resolution of the governing body.
The following activities shall be exempt from the provisions
of this chapter:
A. A juvenile accompanied by a parent, guardian or other person standing
in loco parentis.
B. A juvenile in the course of his or her employment or returning directly
home from a place of employment.
C. A juvenile returning directly home from a meeting or place of education
activity, religious worship, sporting event or public entertainment,
such as a movie or play.
A police officer who has probable cause to believe that a juvenile
is in violation of a curfew declared pursuant to this chapter shall
first issue a warning to the juvenile and then permit the juvenile
to proceed directly home. If the juvenile does not proceed directly
home or otherwise subsequently violates the curfew, the police officer
shall forthwith take the juvenile into custody and notify the parent
or guardian of the juvenile of such action. The juvenile shall be
surrendered to the parent or guardian at police headquarters, where
a copy of this chapter shall be delivered to the parent or guardian.
Notwithstanding the above, a police officer shall not be required
to issue a warning pursuant to the provisions of this section in circumstances
involving a riot or civil disorder.