[HISTORY: Adopted by the Borough Council of the Borough of
Avis 5-1-2000 by Ord. No. 230 (Ch. 6, Part 4, of the 1992 Code of Ordinances). Amendments
noted where applicable.]
This chapter shall be known and may be cited as "Curfew Ordinance."
This is a chapter prescribing the conduct of minors on streets
at night for the public good, safety and welfare.
For the purposes of this chapter 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 17, in equivalent phrasing often
herein employed, any person 16 or less years of age.
Any person having legal custody of a minor as a natural or
adoptive parent, as a legal guardian, as a person who stands in the
place of a parent or as a person to whom legal custody has been given
by order of court.
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. To implement that thought with additional precision and precaution, exceptions are expressly defined in § 258-5 so that this is not a mere prohibitory or presence type curfew chapter.
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 the sidewalk thereof 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 be called or normally named, whether alley, avenue, court,
road or otherwise.
Referred 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 Borough,
prima facie the time then observed in the Borough administrative offices
and police station.
Continues from one birthday, such as the 16th to (but not
including the day of) the next, such as the 17th birthday, making
it clear that 16 or less years of age is herein treated as equivalent
to the phrase "under 17 years of age," the latter phrase in practice,
unfortunately, having confused a number of persons into the mistaken
thought that seventeen-year-olds might be involved.
It shall be unlawful for any person 16 or less years of age
(under 17) to be or remain in or upon the streets within the Borough
of Avis at night during the period ending 6:00 a.m. and beginning
11:00 p.m.
In the following exceptional cases, a minor on a Borough street during the nocturnal hours for which § 258-4 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this chapter:
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.
If a legally recognized employment makes it necessary for such child
to be in or upon said public streets, highways, alleys, parks or other
public places.
D.
If said minor is driving a motor vehicle on an emergency or parental
errand at the time.
E.
During any evening when engaged in a supervised gathering, but only
if prior notice of the gathering is provided, in writing, at least
24 hours in advance to the Avis Borough Chief of Police.
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 Borough street under circumstances
not constituting an exception to, or otherwise beyond the scope of,
this chapter. The term "knowingly" includes knowledge which a parent
should reasonably be expected to have concerning the whereabouts of
a minor in the 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, therefore, be no defense that a parent was completely indifferent
to the activities or conduct or whereabouts of such minor.
A policeman of the Borough, upon finding or having attention
called to any minor on the streets in prima facie violation of this
chapter, normally shall take the minor to the Borough Police Department,
where a parent shall immediately come for such minor, whereupon they
shall be interviewed. This is intended to permit ascertainment, under
constitutional safeguards, or relevant facts and to centralize the
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 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, among other things, 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
in the preparation by himself and the Sergeant 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 the
minor, and the appropriate information has been recorded, the minor
shall be released to the custody of such parent. If a parent cannot
be located, or fails to take charge of the minor, then the minor shall
be released to 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 the 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 a parent written notice of said violation
with a warning, or said notice may be delivered by police officer,
that any subsequent violation will result in full enforcement of this
chapter, including enforcement of parental responsibility and of applicable
penalties.
Subsequent to receipt of a written notice for initial violation pursuant to § 258-7D of this chapter, any person violating any provision, above-cited or herein, shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $300 and costs of prosecution, or shall undergo imprisonment for not more than 90 days, or both. Each violation of this chapter shall be deemed a separate offense.
