[HISTORY: Adopted by the City Council of the City of Nanticoke 11-7-2012 by Ord. No.
11-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 222,
Curfew, adopted 5-19-1969 by Ord. No. 19-1969, as amended.
The purpose of this chapter is to promote the safety and good
order of the community by helping to eradicate rowdiness, excessive
noise, vandalism, harassment, graffiti, drug dealing and other behavior
caused by juveniles that adds to disorder in the community and to
encourage school attendance and parental responsibility.
A.
It shall be unlawful for any child under the age of 18 years to remain
in or upon any public street, alley, highway, park or other public
place in the City between the hours of 10:00 p.m. and 6:00 a.m. and
between the hours of 9:00 p.m. and 6:00 a.m. when daylight saving
time is in effect, unless:
(1)
Such child shall be accompanied by a parent, guardian or other person
in parental relation having the legal custody, control or charge of
such child.
(2)
Such child shall be lawfully employed, in the course of which employment
it is necessary to use such public street, alley, highway or other
public place for such employment or to travel to or from his/her place
of employment.
(3)
Such child is on lawful and necessary business for his/her parent,
guardian or other person in parental relation having the legal custody,
control or charge of such child.
(4)
Such child is returning from a school, religious, recreational or
job activity.
(5)
Such child is on an emergency errand authorized by his/her parent,
guardian or other person in parental relation having the legal custody,
control or charge of such child.
B.
It shall be unlawful for any parent, guardian or person in parental
relation having control of any child under the age of 18 years to
permit such child to be or remain in or upon any public street, alley,
highway, park or other public place in the City between the hours
of 10:00 p.m. and 6:00 a.m. and between the hours of 9:00 p.m. and
6:00 a.m. when daylight saving time is in effect, unless:
(1)
Such child is lawfully employed, in the course of which employment
it is necessary to use such public street, alley, highway or other
public place related to such employment.
(2)
Such child is on lawful and necessary business for his/her parent,
guardian or other person in parental relation having legal custody,
control or charge of such child.
(3)
Such child is returning from a school, religious, recreational or
job activity.
(4)
Such child is on an emergency errand authorized by his/her parent,
guardian or other person in parental relation having the legal custody,
control or charge of such child.
A.
It shall be unlawful for any child of compulsory school age enrolled
in any elementary or secondary school to be or remain in or upon any
public street, alley, highway, park or other public place in the City
between the hours of 8:30 a.m. and 2:30 p.m. on any day for which
school is in session, unless such child is on a scheduled vacation
or holiday observed by the school, or that child has permission to
be absent from school or to be in a public place from an authorized
school official. In the case of a child educated through a lawfully
constituted home school program, a parent shall be deemed an authorized
official.
B.
It shall be unlawful for any parent, guardian or person in parental
relation having control or charge of any child of compulsory school
age to permit such child to be or remain in or upon any public street,
alley, highway, park or public place in the City between the hours
of 8:30 a.m. and 2:30 p.m. on any day for which school is in session,
unless such child is on a scheduled vacation or holiday observed by
the school, or that child has permission from an authorized school
official to be absent from the school or to be in a public place.
It shall be unlawful for any person to act as an accomplice
in violating any provisions of this chapter if, with the intent of
promoting or facilitating the commission of the offense, he/she:
A.
Offense of child.
(1)
Any child who shall fail to comply with the provisions of this chapter
shall be taken into custody by the Police Department and delivered
to his parents, guardian or other person in parental relation having
the legal custody, control or charge of such child and shall be cited
for a violation, and a fine of not less than $25 nor more than $600
plus court costs shall be imposed for the first offense. In default
of payment of said fine and costs, it shall be referred by the District
Justice to the Juvenile Court pursuant to the Juvenile Act, 42 Pa.
C.S.A. § 6301 et seq.
(2)
Any child who shall fail to comply with the provisions of this chapter
for a second offense shall be sentenced, upon conviction, to pay a
fine of not less than $100 nor more than $600. In default of payment
of said fine and costs, it shall be referred by the District Justice
to the Juvenile Court pursuant to the Juvenile Act, 42 Pa. C.S.A.
§ 6301 et seq.
(3)
Any child who shall fail to comply with the provisions of this chapter
for a third offense shall be sentenced, upon conviction, to pay a
fine of not less than $300 nor more than $600. In default of payment
of said fine and costs, it shall be referred by the District Justice
to the Juvenile Court pursuant to the Juvenile Act, 42 Pa. C.S.A.
§ 6301 et seq.
(4)
Any child, whether a resident or nonresident of the City, who shall
violate this chapter four or more times shall be reported to the proper
juvenile correctional authorities of the County of Luzerne for the
appropriate action pursuant to the Juvenile Act, 42 Pa. C.S.A. § 6301
et seq.
B.
Offense of parent. Every parent, guardian or person in parental relation
having control or charge of any child who fails to comply with the
provisions of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not less than $50 nor more than $600 for each offense
related to evening curfew violations and not less than $100 nor more
than $600 for daytime curfew violations, together with costs, and,
in default of payment of such fine and costs, may be sentenced to
imprisonment for not to exceed 30 days.
C.
Accomplices. Any person found to be an accomplice shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 nor more
than $600 for each offense, plus costs of prosecution, and, in default
of payment of such fine and costs, may be imprisoned for a term not
to exceed 30 days. In cases of default of payment where the accomplice
is determined to be a juvenile legally disenrolled from school, the
accomplice shall be referred by the District Justice to the Juvenile
Court pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301
et seq.
