[Ord. 341-77, 12/6/1977, § 1]
This Part shall be known and may be cited as the "Curfew Ordinance."
[Ord. 341-77, 12/6/1977, § 2]
1.
This Part prescribes, in accordance with prevailing community standards,
regulations for the conduct of minors on Township streets at night,
all for the good of minors, for the furtherance of family responsibility,
and for the public good, safety and welfare.
A.
The Board of Commissioners finds that the curfew meets a very real
local need, is a significant factor in minimizing juvenile delinquency,
and is in need of updating and amplification to increase its effectiveness.
The community sense of proper time for cessation of outdoor activities
by minors on the streets is reflected in the curfew hours declared
by this Part, which also takes into consideration the danger hours
for nocturnal crime and for accumulations of minors with potential
risks incident to immaturity.
B.
The Board of Commissioners further finds that there is little or
nothing for minors to do outdoors but roam the streets, after the
curfew hours which this Part declares.
C.
The Board of Commissioners further finds that there is a continued
need for a nocturnal curfew for minors in order to achieve, under
local conditions, the purposes hereinbefore stated.
[Ord. 341-77, 12/6/1977, § 3; as amended by Ord.
757-2009, 7/1/2009]
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 in the plural number
include the singular and words in the singular number include the
plural:
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:
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.
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 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 is called or formally named, whether alley, avenue, court,
road or otherwise.
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 East Pennsboro, Cumberland County, Pennsylvania,
with administrative offices at 98 South Enola Drive, Enola, Pennsylvania
17025.
Continues from one birthday, such as the 17th, to (but not
including the day of) the next, such as the 18th birthday, making
it clear that "17 or fewer years of age" is herein treated as equivalent
to the phrase "under 18 years of age," the latter phrase in practice,
unfortunately, having confused a number of persons into the mistaken
thought that eighteen-year-olds might be involved.
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The word "shall" is always mandatory and not merely directory.
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[Ord. 341-77, 12/6/1977, § 4]
1.
It shall be unlawful for any person 17 or fewer years of age (under
18) to be or remain in or upon the streets within the Township of
East Pennsboro at night during the period ending 6:00 a.m. and beginning:
[Ord. 341-77, 12/6/1977, § 5]
1.
In the following exceptional cases a minor on a Township street during the nocturnal hours for which § 6-404 is intended to provide the maximum limits of regulation shall not, however, be considered in violation of this Part:
A.
When accompanied by a parent of such minor.
B.
When accompanied by am 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 minors shall evidence the bona fides
of such exercise by first delivering to the Chief of Police, 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 Chief of Police, 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 Township police station 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 thereof, 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.
G.
When authorized by special permit from the Chief of Police, 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 Chief
of Police of the Township, either for a regulation as provided in
paragraph .H or for a special permit as the circumstances warrant.
Upon finding by the Chief of Police of necessity for the use of the
street 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 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
or route and the beginning and ending of the period of time involved
by date and hour, the Chief of Police may grant a permit in writing
for the use by such minor of such streets at such hours as in the
opinion of the Chief of Police 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 Chief of Police or, if unavailable, to the police officer authorized
by the Chief of Police to act on his behalf in an emergency, at the
Police Station.
H.
When authorized, by regulation issued by the Chief of Police, in
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. Normally such
regulation by the Chief of Police 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 reissued
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 East Pennsboro Township, particularly
on normal interstate routes therein. This also exempts interstate
travel beginning or ending in East Pennsboro Township.
2.
Each of the foregoing exceptions, and their several limitations,
such as provisions for notification, are severable, as hereinafter;
provided, but here re-emphasized; and additional exceptions, also
severable, broadening with the progress toward maturity of minors
enrolled respectively in elementary, junior high and high schools
will be considered by the Board of Commissioners as warranted by future
experience illuminated by the views of student government associations,
school personnel, citizens, associations, ward, precinct and neighborhood
spokesmen, parents, officers and persons in authority concerned positively
with minors as well as with juvenile delinquency.
[Ord. 341-77, 12/6/1977, § 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 keep
neglectful or careless parents up to reasonable community standards
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. 341-77, 12/6/1977, § 7]
1.
A policeman of the Township, upon finding or having his attention
called to any minor on the streets in prima facie violation of this
Part, normally shall take the minor to the Township police station,
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 then and there 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 policeman
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 policeman 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 such policeman 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 officer in charge involved in such case, and in
the filing, of such report within 24 hours.
C.
When a parent, immediately called, has come to take charge of a 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 that any subsequent violation will result in full enforcement
of this Part, including enforcement of parental responsibility and
of applicable penalties:
[Ord. 341-77, 12/6/1977, § 8; as amended by Ord.
757-2009, 7/1/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
