[Ord. 1998-2, 4/13/1998, § 1]
This Part shall be known and may be cited as the "Penn Township
Curfew Ordinance."
[Ord. 1998-2, 4/13/1998, § 2]
1.
This Part prescribes, in accordance with prevailing community standards,
regulations for the conduct of minors on streets at night. Such standards
effectively enforced, taught in the homes, internalized and adhered
to for generations, are for the good of minors, for the furtherance
of family responsibility, and for the public good, safety and welfare.
A.
The Board of Supervisors finds that a curfew meets a very real local
need, and in adjacent municipalities curfew ordinances have been over
the years a significant factor in minimizing juvenile delinquency.
The Board of Supervisors institutes the curfew in the Township in
light of Penn Township's local situation and facts including
the following. It is a residential and rural community in an area
traditionally classified as Pennsylvania Dutch. This community sense
of the proper time for cessation of outdoor activities by minors on
the streets is reflected in the curfew hours declared by this Part
which takes into consideration also the danger hours of nocturnal
crime and for accumulations of minors with potential risks incident
to immaturity.
B.
The Board of Supervisors further finds that Penn Township is a stable
family community. Parental responsibility for the whereabouts of children
is the norm. Legal sanctions to enforce such parental responsibility
have had a demonstrated effectiveness over the years. As parental
control increases, likelihood of juvenile delinquency decreases. There
is a continuing need for the nocturnal curfew for minors which has
achieved and will continue to achieve under local conditions the purposes
hereinbefore stated.
[Ord. 1998-2, 4/13/1998, § 3; as amended by Ord.
2012-04, 9/24/2012, § 4]
For the purposes of this Part 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.
Any person under the age of 18, or, in equivalent phrasing
often herein employed, any person 17 or less years of age.
Any person having legal custody of a minor (1) as a natural
or adoptive parent, (2) as a legal guardian, (3) as a person at least
18 years of age and authorized by a parent to have care and custody
of the minor or (4) as a person to whom legal custody has been given
by order of court.
The Northern Lancaster County Regional Police Department
or any successor entity whose primary jurisdiction includes the territorial
limits of the Township.
The offices of the Police Department, which may be located
within the Township or within other municipalities which are provided
with police protection services by the Police Department.
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 passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in § 6-105 so that this is not a mere prohibitory or presence type curfew ordinance.
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 a sidewalk thereof for pedestrian travel. The term
street includes the legal right of way, including, but not limited
to, the cartway or 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 formally named, whether alley, avenue, court,
road or otherwise.
Reference 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 Township,
prima facie the time then observed in the Township administrative
offices and police station.
The Township of Penn, Lancaster County, Pennsylvania, with
administrative offices at 97 North Penryn Road, Manheim, Pennsylvania
17545.
Continues from one birthday, such as the seventeenth to (but
not including the day of) the next, such as the eighteenth birthday,
making it clear that 17 or less years of age is herein treated as
equivalent to the phrase "under 18 years of age," the latter phrase
is practice, unfortunately, having confused a number of persons into
the mistaken thought that eighteen-year-olds might be involved.
[Ord. 1998-2, 4/13/1998, § 4]
[Ord. 1998-2, 4/13/1998, § 5; as amended by Ord.
2012-04, 9/24/2012, § 5]
1.
A minor on a Township street during the nocturnal hours for which § 6-104 is intended to provide the maximum limits of regulation shall not violate this Part:
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.
When 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. Such minor shall evidence the bona fides
of such exercise by first delivering to the Township Municipal Building
at 97 North Penryn Road, Manheim, where and by whom high priority
messages to the Board of Supervisors are regularly received, a written
communication, signed by such minor and countersigned if practicable
by a parent of such minor with their home address and telephone number,
addressed to the Board of Supervisors of the Township, specifying
when, where and in what manner said minor will be on the streets at
night (during hours when this Part is otherwise applicable to said
minor) in the exercise of a First Amendment right specified in such
communication.
D.
In case of reasonable necessity but only after such minor's
parent has communicated to the Police Department personnel the facts
establishing such reasonable necessity relating to specified streets
at a designated time for a described purpose including points of origin
and destination. A copy of such communication, or of the police record
therefor, duly certified by the Chief of Police to be correct, with
an appropriate notation of the time it was received and of the names
and address of such parent and minor, shall be admissible evidence.
E.
When the minor is on the sidewalk of the place where such minor resides,
or on the sidewalk of either next-door neighbor not communicating
an objection to the police officer.
F.
When returning home, by a direct route from (and within 30 minutes
of the termination of) a school activity, or an activity of a religious
or other voluntary association, of which prior notice, indicating
the place and probable time of termination, has been given in writing
to, and duly filed for immediate reference by, the Chief of Police
or the officer assigned by him on duty at the police station, thus
encouraging (here as in other exceptional situations) conduct on the
part of minors involved in such activities and striking a fair balance
for any somewhat conflicting interests.
G.
When authorized, by special permit from the Board of Supervisors, carried on the person of the minor thus authorized, as follows. When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this Part, then recourse may be had to the Board of Supervisors of the Township, either for a regulation as provided in § 6-105 or for a special permit as the circumstances warrant. Upon the Board of Supervisors finding of necessity for the use of the streets to the extent warranted by a written application signed by a minor and by a parent of such minor if feasible stating (1) the name, age and address of such minor, (2) the name, address and telephone number of a parent thereof, (3) the height, weight, sex, color of eyes and hair and other physical characteristics of such minor, (4) the necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable, and (5) the street or route and the beginning and ending of the period of time involved by date and hour, the Board of Supervisors may grant a permit in writing for the use by such minor of such streets at such hours as in the Board of Supervisors' opinion may reasonably be necessary. In an emergency this may be handled by telephone, or other effective communication, with a corresponding record being made contemporaneously, either to the Police Chief or if unavailable to the police officer authorized by the Board of Supervisors to act on his behalf in an emergency, at the police station.
H.
When authorized, by regulation issued by the Board of Supervisors,
in other similar cases of reasonable necessity, similarly handled
but adapted to necessary nighttime activities of more minors than
can readily be dealt with on an individual special permit basis. Such
regulation by the Board of Supervisors permitting use of the streets
should be issued sufficiently in advance to permit appropriate publicity
through news media and through other agencies such as the schools,
and shall define the activity, the scope of the use of the streets
permitted, the period of time involved not to extend more than 30
minutes beyond the time for termination of such activity, and the
reason for finding that such regulation is reasonably necessary and
is consistent with the purposes of this Part.
I.
When the minor carries a certified card of employment, renewable
each calendar month when the current facts so warrant, dated or re-issued
not more than 45 days previously, signed by the Chief of Police and
briefly identifying the minor, the addresses of his home and of his
place of employment, and his hours of employment.
J.
When the minor is, with parental consent, in a motor vehicle. This
contemplates normal travel. From excess of caution, this clearly exempts
bona fide interstate movement through Penn Township. This also exempts
interstate travel beginning or ending in Penn Township.
K.
When the minor is 17 years of age, if and when the Board of Supervisors
shall have determined, by formal rule first reported to Board of Supervisors,
included in its minutes and so reported in the press, finding the
facts as to the extent (minimal) of juvenile delinquency in such age
group permitting such rule, currently, in the best interests of said
minors and the Township, finding that this Part should be relaxed,
then the Board of Supervisors by such formal rule, covering a period
of time designated therein or until recision thereof not exceeding
one year from the date thereof, may take appropriate action excepting
designated minors, minors in a defined group or area, or all minors
(as the current facts may warrant) 17 years of age at that date or
attaining 17 years of age during the period that such formal rule
is and remains in effect.
L.
When the minor is involved in an emergency or is responding to an
emergency as a member of a volunteer fire company or a similar organization.
[Ord. 1998-2, 4/13/1998, § 6]
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 Township street under circumstances
not constituting an exception to, or otherwise beyond the scope of,
this Part. 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, a fortiori, be no defense that a parent was completely indifferent
to the activities or conduct or whereabouts of such minor.
[Ord. 1998-2, 4/13/1998, § 7; as amended by Ord.
2012-04, 9/24/2012, § 6]
1.
A police officer, upon finding or having attention called to any
minor on the streets in prima facie violation of this Part, normally
shall take the minor to the Police Department Headquarters, where
a parent shall immediately be notified to come for such minor, whereupon
they shall be interrogated. This is intended to permit ascertainment,
under constitutional safeguards, of 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 a 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, inter alia, that the police officer may deliver to
a parent there of a minor under appropriate circumstances, for example
a minor of tender age near home whose identify and address may readily
be ascertained or are known.
B.
Such police officer shall within 24 hours file a written report with
the Chief of Police, or shall participate to the extent of the information
for which he is responsible in the preparation by himself and the
sergeant involved in such case, and the filing, of such report within
24 hours.
C.
In the case of a violation by a minor the Chief of Police shall by
certified mail send to a parent written notice of said violation with
a warning that any subsequent violation will result in full enforcement
of this Part including enforcement of parental responsibility and
of applicable penalties.
[Ord. 1998-2, 4/13/1998, § 8; as amended by Ord.
2012-02, 2/13/2012]
1.
Prevailing community standards, and the real internalization thereof
or interpersonal sanctions therefore that in practice count for much,
as to when minors should be off the streets, reflected in this Part,
are hereby undergirded with the following legal sanctions.
A.
If, after the warning notice pursuant to § 6-107 of a first violation by a minor, a parent violates § 6-106 (in connection with a second violation by said minor), this shall be treated as a first offense by the parent. For such first parental offense a parent shall be fined $25 and for each subsequent offense by a parent the fine shall be increased by an additional $25, e.g., $50 for the second, $75 for the third offense. The magisterial district judge, upon finding a parent guilty, shall sentence the parent to pay such fine and the costs of prosecution.
B.
Any minor who shall violate any of the provisions of this Part more
than three times shall be reported by the Chief of Police to the appropriate
agency whose purpose it is to take charge of dependent and delinquent
children and proceedings shall then be taken, under the Juvenile Act,
42 Pa.C.S.A. § 6301 et seq., before the Juvenile Court for
the treatment, supervision and rehabilitation of such minor.
C.
A like procedure, before the juvenile authorities, shall be followed
in any case where the imposing of a fine or fines upon a parent shall
not be effective, or where for any other reason the provisions of
this Part cannot be made effective by the imposing of penalties under
this section.
[Ord. 1998-2, 4/13/1998, § 9]
Severability is intended throughout and within the provisions
of this Part. If any provision, including, inter alia, any exception,
part, phrase or term, or the application thereof to any person or
circumstance is held invalid, the application to other persons or
circumstances shall not be affected thereby and the validity of this
Part in any and all other respects shall not be affected thereby.
From excess of caution, the Board of Supervisors is authorized to
give advisory opinions, in writing or immediately reduced to writing,
which shall be binding, and shall be adhered to by the police, until
this Part is amended in such respect, interpreting terms, phrases,
parts or any provisions. Normally such advisory opinions shall be
in response to good faith, signed letters addressed to him at the
Township administration building, questioning as (A) ambiguous, (B)
as having a potentially chilling effect on constitutional rights specifically
invoked, or (C) as otherwise invalid, in all three categories with
respect to proposed conduct definitely described. This administrative
remedy must be exhausted prior to presenting to any court a question
in any of said three categories. The Board of Supervisors does not
intend a result that is absurd, impossible of execution or unreasonable.
It is intended that this Part be held inapplicable in such cases,
if any, where its application would be unconstitutional. A constitutional
construction is intended and shall be given. The Board of Supervisors
does not intend to violate the Constitution of the Commonwealth of
Pennsylvania or the Constitution of the United States of America.
