This chapter shall be known as and shall be cited as the "Curfew
Ordinance."
This chapter is an updating of the Borough Curfew Ordinance,
and in accordance with prevailing community standards prescribes regulations
for the presence of minors on streets, in public places and other
locations in the Borough during certain hours, all for the welfare
and protection of minors, the furtherance of parental responsibility
and for public health, safety and welfare. Accordingly, the Borough
Council finds as follows:
A. A curfew can reduce the extant problem of juvenile delinquency by
regulating the hours during which minors may remain in public streets,
places and certain establishments without adult supervision;
B. A curfew meets a local need of the Borough and has over the years
been a significant factor in minimizing juvenile delinquency and disorderliness,
by imposing additional duties and responsibilities upon the parents
of minors;
C. The Borough of West Grove is a stable family community in which parental
responsibility for the whereabouts of minors is the norm, and legal
sanctions to enforce parental responsibility have demonstrated their
effectiveness over the years;
D. As parental control increases, the likelihood of juvenile delinquency
decreases; and
E. There is a continuing need for the curfew and the regulations attendant
thereto as established by the following chapter.
For the purpose of the Curfew Ordinance, the following terms,
phrases, words and their derivations shall have the meanings set forth
hereinafter. When not inconsistent with the context, words used in
the present tense shall include the future, words in the plural shall
include the singular, words in the singular shall include the plural,
and the masculine pronoun shall include the feminine pronoun. The
word "shall" as used hereinafter is to be construed as mandatory and
not directory.
BOROUGH
The Borough of West Grove, Chester County, Pennsylvania.
ESTABLISHMENT
Any privately owned place of business operated for profit
or any place of amusement or entertainment to which the public is
invited, or any nonprofit entity operating within the Borough.
KNOWINGLY
Having actual knowledge and including such knowledge which
a parent should reasonably be expected to have, under all attendant
circumstances, concerning the whereabouts of a minor in the parent's
legal custody. It shall be no defense for purposes of this chapter
that a parent is indifferent to the activities or conduct or whereabouts
of a minor.
MINOR
Any individual under the age of 18 years.
OPERATOR
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment and, whenever
used in any clause prescribing a penalty, the term "operator" as applied
to associations or partnerships shall include all members or partners
thereof and, as applied to corporations, shall include the officers
thereof.
PARENT
Any person having legal custody of a minor as:
A.
A natural or adoptive parent;
C.
A person who stands in loco parentis to a minor; and/or
D.
A person to whom legal custody of a minor has been given by
order of any court of competent jurisdiction.
PUBLIC PLACE
Any public street (as defined herein) and all Borough parks,
playgrounds, public buildings or vacant lots located in the Borough,
whether such vacant lots are owned by the Borough or are owned privately.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the streets or in public places or establishments, including the congregating of groups totaling four or more persons, in which any minor involved would not be using the streets, public places or establishments for ordinary or serious purposes, such as mere passage or going home. To implement this definition with additional precision and precaution, numerous exceptions hereto are expressly contained in and defined in §
168-5 of this chapter.
STREET
A way or place of whatever nature, open to the use of the
public for purposes of vehicular travel or, in the case of a sidewalk
thereof, for pedestrian travel. The term "street" as used herein includes
the legal right-of-way, including, but not limited to, the cartway
of traffic lanes, the curb and sidewalks (whether paved or unpaved)
and any grass plots or other grounds found within the legal-of-way
of a street. For purposes of this chapter, "street" also applies to
ways which the public is privileged to use over private property as
long as the owner thereof permits such public use (including by a
way of example but not limitation, sidewalks and grass plots open
to public use) and to parking areas of any types (including, by way
of example but not limitations, residential, municipal or commercial
parking areas) which are open to and available for public use whether
or not accessed by any street. In addition, the term "street" shall
apply regardless of what it is named or was formerly named, whether
"alley," "avenue," "court," "road" or otherwise, or whether it is
maintained by the Borough and whether or not it is open to the public
as a matter of right.
TIME
The prevailing standard of time, whether Eastern standard
time or Eastern daylight saving time, as observed at that hour (or
minute) by the public in the Borough; prima facie evidence of the
time for the purposes of this chapter shall be the time actually observed
in the Borough's administrative offices or in the Borough Police
Department.
YEAR OF AGE
The age of an individual as established on the day of any
infraction alleged hereunder. For purposes of this chapter, the "year
of age" shall be the period of time between the previous birthday
of an individual and the next consecutive birthday (but not including
the day of such birthday) of an individual.
It shall be unlawful for any person under the age of 18 to remain
in or upon any street, public place of establishment within the Borough
between 11:00 o'clock p.m. prevailing time and 6:00 a.m. prevailing
time of the following day, except the curfew hours established hereunder
are temporarily suspended or modified by proclamation of the Mayor
of the Borough.
In the following cases, a minor remaining on a public street, public place or in an establishment during the hours set forth in §
168-4, above, shall not be considered to be in violation of the Curfew Ordinance:
A. When accompanied by:
(1) The parent of the minor; or
(2) An adult authorized by the parent of the minor to take the parent's
place in accompanying the minor for a designated period of time and
purpose within a specified area.
B. When exercising First Amendment Rights protected by the United States
Constitution such as the exercise of religion, freedom of speech and
the right of assembly. Any minor desiring to avail himself of the
provisions of this exception shall establish the validity of such
exercise by first delivering to the Borough Police Department a letter,
dated and signed by the minor and a parent of the minor, containing
the following information:
(4) The minor's telephone number;
(7) The parent's telephone number;
(8) A statement specifying when, where and in what manner the minor will
be in or on the streets, public place of establishment (during the
hours when this chapter is otherwise applicable) in the exercise in
the First Amendment Rights specified in the letter.
C. In the case of reasonable necessity, provided that the minor's
parents shall have first delivered to the Borough Police Department
a written notice stating:
(1) The facts establishing the reasonable necessity;
(2) A description of specified streets, public place or establishment
at designated times for a described purpose, including points of origin
and destination; and
(3) The written notice has been countersigned and dated by the Chief
of the West Grove Borough Police Department (or other police officer
authorized by the Chief to sign such notices).
D. When the minor is on the sidewalk of the minor's place of residence,
or on the sidewalk of any premises immediately adjacent to the premises
in which the minor residents, provided the owner of the adjacent premises
does not object to the minor's presence.
E. When returning home, by a direct route from (and within 30 minutes
after the termination of) a school activity or an activity of a religious
or other voluntary association, provided that the minor shall, upon
request of any police offer, provide to such police a written statement
identifying:
(1) The school activity or other function which the minor has attended;
(2) The location of the activity;
(3) The time of termination of the activity.
F. When the minor is employed and carries a card signed by the minor's
employer, dated (or issued) not more than 45 days previous to the
date shown on such card. Such card shall:
(1) Identify the minor by name, address and telephone number;
(2) Identify the minor's employer;
(3) Identify the hours of employment.
G. When the minor, with parental consent, is in a motor vehicle and
such motor vehicle is involved in bona fide interstate travel through
the Borough or such interstate travel beings or ends in the Borough.