[HISTORY: Adopted by the Borough Council of the Borough of
Sewickley 5-17-1993 by Ord. No.
1124 (Ch. 6, Part 1, of the 1996 Code of Ordinances).
Amendments noted where applicable.]
The Council of the Borough of Sewickley finds as follows:
A.
The Borough is unusually compact with an area of approximately one
square mile.
B.
Most of the land in the Borough is devoted to residential use. The
Borough also contains a well-patronized business area and several
institutional or civic uses, such as the Sewickley Valley Hospital
and the YMCA.
C.
The Borough has developed and maintained a quiet, stable, family-oriented
type of residential environment.
D.
A number of incidents have recently occurred wherein groups of youths
under age 18 have intimidated, threatened, harassed and physically
attacked individuals on Borough streets and sidewalks or have damaged
property in the commercial district at night.
E.
These incidents have deprived those individuals who were so intimated,
threatened, harassed and attacked of their constitutional rights to
freely walk, stroll or otherwise move at will through the Borough.
F.
Because of the Borough's compact area, these incidents have
caused citizens throughout the Borough to become concerned for their
safety while outside at night, and these incidents have had a chilling
effect upon the exercise of citizens' constitutional rights to
walk, stroll or otherwise move at will through the Borough at night.
G.
These incidents have impaired the quiet residential atmosphere and
environment prized by the Borough citizens.
H.
A large percentage of Borough residents are elderly and are especially
threatened by groups of youths on the street at night.
I.
The Borough's largest employer, Sewickley Valley Hospital, has
a substantial number of employees going to and from the hospital at
night, of which the majority are female persons who may be especially
subject to intimidation, threats or harassment by youths on the streets
at night.
J.
A curfew would have permitted easier detection and dispersal of the
youths who caused the said incidents.
K.
A curfew would increase the safety of citizens, and particularly
elderly and female persons, lawfully exercising their rights to use
and enjoy Borough streets at night and would diminish the chilling
effect upon their exercise of such rights that has resulted from the
said incidents.
L.
The Borough provides through its parks and streets ample opportunities
for all minors to associate and congregate and socialize and move
about with others during noncurfew hours.
M.
The Borough Council finds that, because of the particular vulnerability
of minors, their inability to make critical decisions in an informed,
mature manner, and the importance of the parental role in child-rearing,
a juvenile curfew ordinance is necessary to protect the Borough's
youths.
N.
The Borough Council recognizes that, in conjunction with the exercise
of its police powers, it must uphold and protect the constitutional
freedoms provided to each citizen, including minors, under the state
and federal constitutions.
O.
Because of the increasing incidents of juvenile crime, especially
gang- and drug-related activities in Pittsburgh and other area municipalities,
the Borough Council finds that a curfew is necessary to prevent and/or
limit the occurrence of such incidents in the Borough.
A.
MINOR
PARENT
PUBLIC PLACE
REMAIN
STREET
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
A person under the age of 18 years.
Any person having a legal custody of a minor, including either
or both natural or adoptive parents, a legal guardian, a person who
stands in loco parentis, or a person to whom legal custody has been
given by order of court.
Any street, park, playground or Borough premises in the Borough
of Sewickley.
To stay behind, to tarry and to stay unnecessarily upon the Borough streets, including the congregating of groups of minors in which any minor involved does not fall within one of the stated exceptions of this chapter. Exceptions are expressly defined in § 163-4.
Any street, sidewalk, way, place, alley, court, avenue or
right-of-way open to the use of the public for purposes of vehicular
or pedestrian travel, including any opened street as defined in the
Borough Code, 8 Pa.C.S.A. §§ 101.1 and 1701. The term
"street" also applies for curfew purposes to ways the public is privileged
to use over private property so long as the owner permits, including
sidewalks and grass plots similarly open to public use, and public
parking lots or areas.
B.
In this chapter, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any minor to be or remain in or upon
any public place or streets as defined herein within the Borough of
Sewickley between the hours of 11:00 p.m. and 6:00 a.m. prevailing
time.
The prohibited activity set forth in § 163-3 is subject to the following exceptions:
A.
A minor accompanied by his or her parent or by the minor's child.
B.
A minor exercising first amendment or other constitutional rights
protected by the Pennsylvania or United States Constitutions, such
as the free exercise of religion, freedom of speech and the right
of assembly, provided that, prior to such exercise, the minor has
delivered to the Borough Municipal Building a written communication
addressed to the Borough Police Department, signed by such minor and
countersigned, if practicable, by a parent of such minor, with their
home address and telephone number, specifying the hours, the street
location and the manner said minor will be on the streets at night
during the hours stated in this Curfew Ordinance in the exercise of
the constitutional rights specified in such communication.
C.
A minor on his way to or from or in the course of lawful employment
making it necessary to be in a public place and possessing a current
letter certifying the same and signed by an employer or parent.
D.
A minor accompanied by an adult authorized by the minor's parent
to take said parent's place in accompanying said minor for a
designated period of time and purpose and in a designated area, such
designations to be contained in a written note signed and dated by
the minor's parent and carried by the minor or the accompanying
adult on his or her person.
E.
A minor acting in an emergency.
F.
A minor whose parent has given prior notice to the Borough Police
Department that the minor will be on designated streets at a designated
time for a purpose the parent deems reasonably necessary and the minor's
point of origin and destination, such prior notice to be given by
telephone call made by the parent or by written notice signed by the
parent.
G.
A minor while participating in or traveling directly to or directly
home from an activity conducted or sponsored by a church, school,
municipal body or civic or institutional organization, with written
permission dated and signed by a parent specifying the time, place,
purpose and necessity of the minor being in a public place contrary
to this chapter and the name of the organization conducting the activity
in question.
H.
When the minor is on the sidewalk of the place where such minor resides
or on the sidewalk of either next-door neighbor.
I.
When the minor is, with parental consent, in a motor vehicle in the
course of travel through the Borough.
Any minor found in violation of § 163-3 shall be taken into custody by the Borough Police or legally deputized individual and be taken to the Police Department office. The minor's parents shall be contacted and notified to come for the minor, who shall then be released into parental custody. Where a minor's parents are not readily available or in other cases where taking the minor to the police station would be in the officer's best judgment impractical, inefficient or otherwise interfere with other police duties, the police officer may deliver the minor to his residence. Both the parent(s) and the offending minor shall be given an initial verbal warning of the violation and a copy of this chapter. A report shall be filed and kept in a book for that specific purpose.
Any parent who shall knowingly permit a minor to be or remain in a public place in violation of § 163-3 of this chapter after an initial warning shall be cited for the violation and subject to the penalty provisions contained in this chapter.
Any minor who shall violate § 163-3 of this chapter after an initial warning shall be cited for the violation and subject to the penalty provisions contained in this chapter.
Police officers of the Borough of Sewickley in taking minors
into custody shall use their discretion in determining age and in
doubtful cases may require positive proof of age. Until such proof
is furnished, the officer's judgment shall prevail.
In the event a minor is taken to the Borough of Sewickley Police
Station, the minor shall only be detained in the administrative offices
of the Police Department and shall not be placed in contact with any
prisoners or adult detainees and shall be detained only until such
time as the minor is escorted home.
[Amended 2-19-1996 by Ord. No. 1159]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of $50, and for
each subsequent parental offense the fine shall be increased by an
additional $50; for example, $100 for a second offense, $150 for a
third offense, not to exceed $600 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days.
