This chapter shall be known and may be cited as the "Curfew
Ordinance."
This chapter prescribes the conduct of minors on streets at
night for the public good, safety and welfare.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
MINOR
Any person under the age of 17, in equivalent phrasing often
herein employed, any person 16 or less years of age.
PARENT
Any person having legal custody of a minor:
A.
As a natural or adoptive parent;
C.
As a person who stands in the place of a parent; or
D.
As a person to whom legal custody has been given by order of
court.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets for ordinary or serious purposes such as mere passage or going home. To implement that thought with additional precision and precaution, exceptions are expressly defined in §
220-5 so that this is not a mere prohibitory or presence type curfew ordinance.
STREET
A way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel,
or in the case of the sidewalk thereof, for pedestrian travel. The
term "street" includes the legal right-of-way including, but not limited
to, the cartway of traffic lanes, the curb, the sidewalks, whether
paved or unpaved, and any grass plots or other grounds found within
the legal right-of-way of a street. The term "street" applies irrespective
of what it be called or normally named, whether alley, avenue, court,
road or otherwise.
TIME OF NIGHT
Referred to herein is based upon the prevailing standard
of time, whether Eastern Standard Time or Eastern Daylight Saving
Time, generally observed at that hour by the public in the City, prima
facie the time then observed in the City administrative offices and
police station.
YEARS OF AGE
Continues from one birthday, such as the sixteenth to, but
not including, the day of the next, such as the 17th birthday, making
it clear that 16 or less years of age is herein treated as equivalent
to the phrase "under 17 years of age," the latter phrase in practice,
unfortunately, having confused a number of persons into the mistaken
thought that seventeen-year-olds might be involved.
It shall be unlawful for any person 16 or less years of age
(under 17) to be or remain in or upon the streets within the City
of Lock Haven at night during the period ending at 6:00 a.m. and beginning:
A. 10:30 p.m., Mondays to Fridays and Sundays.
[Amended 2-24-2003 by Ord. No. 670]
In the following exceptional cases, a minor on a City street during the nocturnal hours for which §
220-4 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this chapter:
A. When accompanied by a parent of such minor.
B. When accompanied by an adult authorized by a parent of such minor
to take said parent's place in accompanying said minor for a
designated period of time and purpose within a specified area.
C. If a legally recognized employment makes it necessary for such child
to be in or upon said public streets, highways, alleys, parks or other
public places.
D. If said minor is driving a motor vehicle on some errand at the time
(parental errand).
E. During any evening when a sporting event is being conducted at the
local high school or Lock Haven University, or during the period of
any such supervised gathering, late compliance with this chapter may
be allowed, but only if prior notice of such intention is given to
the Chief of Police.
It shall be unlawful for a parent having legal custody of a
minor knowingly to permit or, by inefficient control, to allow, such
minor to be or remain upon any City street under circumstances not
constituting an exception to, or otherwise beyond the scope of, this
chapter. The term "knowingly" includes knowledge which a parent should
reasonably be expected to have concerning the whereabouts of a minor
in that parent's legal custody. It is intended to continue to
keep neglectful or careless parents up to a reasonable community standard
of parental responsibility through an objective test. It shall, therefore,
be no defense that a parent was completely indifferent to the activities
or conduct or whereabouts of such minor.
A police officer of the City, upon finding or having attention
called to any minor on the streets in prima facie violation of this
chapter, normally shall take the minor to the City Police Department
where a parent shall immediately be notified to come for such minor,
whereupon they shall be interviewed. This is intended to permit ascertainment,
under constitutional safeguards or relevant facts, and to centralize
responsibility in the officer in charge there and then on duty for
accurate, effective, fair, impartial and uniform enforcement and recording,
thus making available experienced supervisory personnel, the best
of facilities and access to information and records. In the absence
of convincing evidence such as birth certificate, a police officer
on the street shall in the first instance use his best judgment in
determining age.
A. Police procedures shall constantly be refined in the light of experience
and may provide, among other things, that the police officer may deliver
to a parent thereof a minor under appropriate circumstances; for example,
a minor of tender age near home whose identity and address may readily
be ascertained or are known.
B. In any event, the investigating police officer shall write a report
within 24 hours.
C. When a parent, immediately called, has come to take charge of the
minor and the appropriate information has been recorded, the minor
shall be released to the custody of such parent. If the parent cannot
be located, or fails to take charge of the minor, then the minor shall
be released to the juvenile authorities, except to the extent that
in accordance with police regulations, approved in advance by juvenile
authorities, the minor may temporarily be entrusted to a relative,
neighbor or other person who will, on behalf of a parent, assume the
responsibility of caring for the minor pending the availability or
arrival of a parent.
D. In the case of a first violation by a minor, the Chief of Police
shall, by certified mail, send to a parent written notice of said
violation with a warning, or said notice may be delivered by a police
officer, that any subsequent violation will result in full enforcement
of this chapter, including enforcement of parental responsibility
and of applicable penalties.
[Amended 2-24-2003 by Ord. No. 670]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each violation of
this chapter shall constitute a separate offense.