[Ord. 1996-3, 9/9/1996, § 1]
The purpose of this Part 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.
[Ord. 1996-3, 9/9/1996, § 2; as amended by Ord.
1996-6, 11/4/1996]
1.
Evening Curfew.
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 Borough, between the hours of 10:00 p.m. and 6:00 a.m.,
prevailing time, on Sunday, Monday, Tuesday, Wednesday and Thursday,
and between the hours of 11:00 p.m. and 6:00 a.m., prevailing time,
on Friday and Saturday unless:
(1)
Such child shall be accompanied by a parent, guardian or other
person, in parental relation, having the legal custody, control 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.
(3)
Such child is on lawful and necessary business for their 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 exercising First Amendment rights protected by
the constitution.
(6)
Such child is on an emergency errand authorized by their 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:
(1)
Such child to be or remain in or upon any public street, alley,
highway, park or other public place in the Borough between the hours
of 10:00 p.m. and 6:00 a.m. prevailing time, on Sunday, Monday, Tuesday,
Wednesday and Thursday, and between the hours of 11:00 p.m. and 6:00
a.m. prevailing time, on Friday and Saturday unless:
(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.
(3)
Such child is on lawful and necessary business for their 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 exercising First Amendment rights protected by
the constitution.
(6)
Such child is on an emergency errand authorized by their parent,
guardian or other person in parental relation having the legal custody,
control or charge of such child.
2.
Daytime Curfew.
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
Borough between the hours of 9:00 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 the 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 home school
program pursuant to the Pennsylvania School Code § 1327.1
(home education), 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 Borough between the hours
of 9:00 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 the child has permission to be absent from the
school or to be in a public place from an authorized school official.
In the case of a child educated through a home school program pursuant
to Pennsylvania School Code § 1327.1 (home education), 24
Pa. Code § 13-1327.1, a parent shall be deemed an authorized
official.
C.
It shall be unlawful for any person to act as an accomplice in violating
any provisions of this Part if with the intent of promoting or facilitating
the commission of the offense they:
[Ord. 1996-3, 9/9/1996, § 4; as amended by Ord.
2009-8, 12/7/2009]
1.
Evening Curfew Violation.
A.
Offense of Child.
(1)
Any child in violation of this Part 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 summary violation
and a fine of $25 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 magisterial district judge to the Juvenile Court pursuant
to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In lieu
of a fine a minimum of 2 1/2 hours of community service may be
assigned.
(2)
Any child who shall fail to comply with the provisions of this
Part relating to the evening curfew for a second offense shall be
sentenced on summary conviction to pay a fine of $100. In default
of payment of said fine and costs it shall be referred by the magisterial
district judge to the Juvenile Court pursuant to the Juvenile Act,
42 Pa.C.S.A. § 6301 et seq. In lieu of a fine a minimum
of 10 hours of community service may be assigned.
(3)
Any child who shall fail to comply with the provisions of this
Part relating to the evening curfew on the third offense shall be
sentenced upon summary conviction to pay a fine of $300. In default
of payment of said fine and costs it shall be referred by the magisterial
district judge to the Juvenile Court pursuant to the Juvenile Act,
42 Pa.C.S.A. § 6301 et seq. In lieu of a fine a minimum
of 30 hours of community service may be assigned.
B.
Age Determination. In taking children into custody, the Police Department
shall use its discretionary judgment in determining age, and in doubtful
cases may require proof thereof, and until such proof is established,
the determination based on such officer's judgment shall prevail.
C.
Multiple Offenses. Any child, whether a resident or nonresident of
the Borough, who shall violate this Part 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.
D.
Offense of the Parent. Every parent, guardian; or person in parental
relation, having control or charge of any child who shall fail to
comply with the provisions of this Part relating to evening curfew,
shall upon conviction thereof, be sentenced to pay a fine of not less
than $50 nor more than $1,000, for each offense, together with costs,
and in default of payment of such fine and costs, shall be sentenced
to imprisonment not to exceed 30 days. In lieu of a fine a minimum
of five hours of community service may be assigned.
2.
Daytime Curfew Violation.
A.
Offense of Child.
(1)
Any child in violation of this daytime curfew shall be taken
into custody by the Police Department and his parents, guardian or
other person in parental relation having the legal custody, control
or charge of such child notified and the child transported to the
school he is enrolled in and shall be cited for a summary violation
and a fine of $25 plus court costs shall be imposed for the first
offense. In of payment of said fine and costs it shall be referred
by the magisterial district judge to the Juvenile Court pursuant to
the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In lieu of
a fine a minimum of 2 1/2 hours of community service may be assigned.
(2)
Any child who shall fail to comply with the provisions of this
Part relating to the daytime curfew for a second offense shall be
sentenced upon conviction to pay a fine of $100. In default of payment
of said fine and costs it shall be referred by the magisterial district
judge to Juvenile Court pursuant to the Juvenile Act, 42 Pa.C.S.A.
§ 6301 et seq. In lieu of a fine a minimum of 10 hours of
community service may be assigned.
(3)
Any child who shall fail to comply with the provisions of this
Part relating to the daytime curfew on the third offense shall be
sentenced upon summary conviction to pay a fine of $300. In default
of payment of said fine and costs it shall be referred by the magisterial
district judge to the Juvenile Court pursuant to the Juvenile Act,
42 Pa.C.S.A. § 6301 et seq. In lieu of a fine a minimum
of 30 hours of community service may be assigned.
B.
Offense of the Parent. Every parent, guardian, or person in parental
relation having control or charge of any child of compulsory school
age, who shall fail to comply with the provisions of this Part relating
to daytime curfew, shall upon conviction thereof, be sentenced to
pay a fine of not less than $100 nor more than $1,000 for each offense,
plus court costs, and in default of payment of such fine and costs,
shall be imprisonment not to exceed 30 days. In lieu of a fine a minimum
of 10 hours of community service may be assigned.
C.
Accomplices. Any person found to be an accomplice shall, upon conviction
thereof, be sentenced to pay a fine, not less than $100 and not more
than $500 for each offense, plus costs of prosecution, and in default
of payment of such fine and costs, shall be imprisonment 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 magisterial district judge, to the Juvenile Court
pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq.
In lieu of a fine a minimum of 10 hours of community service may be
assigned.
